Section 3556. Merit system; merit board

1. Policy and applicable law. (a)
  Positions  in  the  employ  of Roswell Park Cancer Institute corporation
  shall be subject to section six of article five of the  Constitution  of
  the state of New York.
    (b)    Except  as  provided  by  this  title and rules issued pursuant
  thereto, the corporation and its  employees  shall  be  subject  to  the
  provisions  of  the  civil service law as the same shall be amended from
  time-to-time and employees of the corporation shall be  deemed  to  have
  the rights of state employees for the purposes of such provisions of the
  civil service law.
    2. Definitions.  When used in this section:
    (a)   The  term  "classified  service"  means  all  positions  in  the
  corporation which are not in the unclassified service.
    (b)   The term  "merit  board"  means  the  committee  established  by
  corporation's  board of directors established by this title, which shall
  act in the capacity and fulfill the role  of  the  "commission",  "civil
  service  commission"  and  "municipal  civil service commission" for the
  purposes  of  applying  the  civil  service  law  to  positions  in  the
  corporation.
    (c)    The  term  "director  of  classification  and  compensation" or
  "director" means the director of classification and compensation of  the
  Roswell Park Cancer Institute corporation.
    (d)   The term "jurisdictional classification" means the assignment of
  positions in the classified service to the competitive,  noncompetitive,
  exempt or labor classes.
    (e)      The   terms   "position   classification",  "classification",
  "reclassification", and "classify" mean grouping together  under  common
  and  descriptive  titles positions that are substantially similar in the
  essential character and scope of their duties and  responsibilities  and
  required qualifications.
    3.    Roswell  Park Cancer Institute merit board.  (a)  Three persons,
  other than directors,  officers,  employees  or  the  president  of  the
  corporation,  shall  be  selected  by  majority  vote  of  the board for
  three-year terms and shall constitute the Roswell Park Cancer  Institute
  merit  board.    The  terms  of  the members of the merit board shall be
  staggered so that the term of one member expires each year.  The members
  of the merit board shall annually elect one of the members chairperson.
    (b)  The members of the merit  board  shall  receive  their  necessary
  travel  and  other expenses incurred in the performance of the duties of
  such office,  and  shall  receive  in  addition  such  compensation  for
  services  rendered as members of such merit board as shall be determined
  by the board of directors of the corporation by vote of  a  majority  of
  the directors.
    (c)    The merit board shall prescribe and amend rules and regulations
  subject to the applicable provisions of article fourteen  of  the  civil
  service  law,  for effecting the provisions of this title and of section
  six of article five of the  Constitution  of  the  state  of  New  York,
  including   but   not  limited  to  (i)  rules  for  the  jurisdictional
  classification of offices and positions in the classified service of the
  corporation; (ii)  rules  for  examinations,  appointments,  promotions,
  transfers,  leaves  of  absence,  resignations and reinstatements; (iii)
  rules for sick leaves, vacations, time allowances and  other  conditions
  of  employment  in the classified service of the corporation; (iv) rules
  for the hearing and determination of appeals; and (v) rules  designating
  positions in the non-competitive class which are confidential or require
  the performance of functions influencing policy.
    (d)    The  merit board shall hear and determine appeals instituted by
  any person believing himself or  herself  aggrieved  by  any  action  or

  determination of the director of classification and compensation, acting
  as  such;  provided, however, that no appeal shall be allowed (i) if the
  action or determination involved relates solely to matters  of  internal
  management   of  the  office  of  the  director  of  classification  and
  compensation, or (ii)  if  the  action  or  determination  involved  was
  considered  and  approved  in  advance  by the merit board.   Any appeal
  authorized by this subdivision shall be instituted by  filing  with  the
  secretary  of  the  merit  board  a written notice of appeal stating the
  action or determination appealed from, the grounds for the  appeal,  and
  signed  by  the  person or persons appealing or their representative; no
  particular form of appeal shall be required. Any such  appeal  shall  be
  filed  within  thirty  days  following  the appellant's receipt from the
  director of classification and compensation of notice of the  action  or
  determination  to  be reviewed; the merit board for good cause shown may
  waive such thirty-day  limitation.    The  merit  board  may  make  such
  investigation  or  inquiry  into  the  facts  relative  to the action or
  determination appealed from as may be deemed advisable, shall afford  to
  the  appellant  and his or her representative an opportunity to be heard
  in person or in writing and to present evidence and argument.  The merit
  board may affirm, modify or reverse such action or determination.    The
  merit  board shall decide each appeal filed within thirty days following
  the date on which the submission of facts, information and  evidence  is
  deemed  complete  by the merit board.  The person seeking review and his
  or her representative shall be furnished a copy  of  the  merit  board's
  written  decision concurrently with its filing with the secretary of the
  merit board.   A decision of the merit  board  shall  become  final  and
  binding when filed with the secretary of the merit board.  Review of any
  such  final  decision  shall  be  by  a proceeding authorized by article
  seventy-eight of the civil practice law and rules; any  such  proceeding
  must  be  commenced  within  four  months  after the determination to be
  reviewed becomes final and binding.
    (e)  Before adopting any rule the merit board shall publish notice  of
  the  proposed  rule  no  later  than  thirty  days prior to the proposed
  effective date of such rule and  shall  afford  an  opportunity  to  any
  interested person to comment on the proposed rule.
    (i)   Publication   of   notice   of  proposed  rule-making  shall  be
  accomplished by posting a  copy  on  the  main  bulletin  board  of  the
  corporation,  by  serving  a copy of the notice by certified mail return
  receipt requested upon the designated  representative  of  any  employee
  union  recognized  to  represent  employees  of  the  corporation and by
  mailing the copy of the notice to the temporary president of the  senate
  and  the speaker of the assembly; publication shall be complete upon the
  posting and mailing.  Notice made pursuant to this subparagraph shall be
  deemed to be in compliance with the notice  requirements  prescribed  in
  section one hundred one-a of the executive law.
    (ii)  A notice of proposed rule-making shall contain the complete text
  of the proposed rule, and the last date upon which the merit board  will
  receive  comment  upon the proposed rule; provided, however, that if the
  text of the proposed rule exceeds two thousand words  the  notice  shall
  contain only a description of the subject, purpose and substance of such
  rule,  and  shall  state  from  what  person  the  complete  text may be
  obtained.
    (iii) The last date for submission of comments upon  a  proposed  rule
  shall  be  not less than twenty days following the publication of notice
  of proposed rule-making.
    (iv) The merit board may  receive  comments  on  a  proposed  rule  in
  writing  or,  in  an  appropriate  case,  may conduct a hearing upon the
  proposed rule.

    (v) Any rule adopted by the merit board shall take effect when  signed
  by  the  chairperson  of the merit board and filed with the secretary of
  the corporation.   Notice of adoption  of  a  rule  shall  be  published
  concurrently  with  its  adoption  in  the  same manner as the notice of
  proposed rule-making.
    (vi)  In  the  exercise  of  its rule-making authority the merit board
  shall not be subject to  the  provisions  of  the  state  administrative
  procedure act.
    (f)    The  secretary of the corporation shall be the secretary to the
  merit board and shall serve ex officio  without  vote.    The  secretary
  shall  maintain  minutes  of  the  meetings of the merit board and shall
  maintain complete copies of the rules adopted by the merit board.   Such
  minutes  and rules shall be open to public inspection and copying during
  all ordinary business hours of the corporation in  accordance  with  the
  applicable provisions of article six of the public officers law.
    (g)  The merit board shall, subject to the provisions of article seven
  of  the  public  officers  law,  meet  annually  at  the  offices of the
  corporation, and shall hold such other meetings at  such  places  within
  the  state  as  may be required.  A majority of the members of the merit
  board shall constitute a quorum.
    4.  Director of classification and compensation.  (a)  The director of
  classification and compensation of  the  corporation  shall  be  in  the
  competitive  class  of the classified service appointed by the president
  of the corporation.   The director of  classification  and  compensation
  shall not be a part of the office of human resources of the corporation.
    (b)   The director of classification and compensation shall be charged
  with the duty and shall have the power, subject to appeal to  the  merit
  board:
    (i)    to  classify  and  reclassify  all  positions in the classified
  service of the corporation; and
    (ii)  to allocate and reallocate to an appropriate  salary  grade  all
  positions  in  the  competitive, noncompetitive and labor classes of the
  classified service of the corporation including temporary  and  seasonal
  positions;  provided that notwithstanding any inconsistent provisions of
  section one hundred thirty of the civil service law,  employees  of  the
  corporation  in  the classified service of the corporation shall also be
  deemed to be in the classified civil service of the state  of  New  York
  for purposes of section one hundred thirty of the civil service law.
    (c)    The  principle  of fair and equal pay for similar work shall be
  followed in the classification and reclassification and  the  allocation
  and reallocation of positions pursuant to this section and all positions
  having the same title shall be allocated to the same salary grade.
    (d)    The director of classification and compensation shall also have
  the following powers and duties:
    (i)  To ascertain and record the duties and  responsibilities  of  all
  positions  in  the  classified  service  of  the  corporation, establish
  adequate specifications showing the qualifications for  and  the  nature
  and  extent  and  scope  of  the  duties  and  responsibilities  of such
  positions,  and  assign  uniform  titles  to  positions  that   are   so
  substantially  similar  in  the  essential  character and scope of their
  duties  and  responsibilities  and  in  the  qualification  requirements
  thereof  that  the same descriptive title may be used to designate them;
  that the same qualifications for appointment thereto may  be  reasonably
  required;  that  the  same tests of fitness may be established, and that
  the same rate of compensation may be reasonably applied;
    (ii)   To investigate all matters  affecting  the  classification  and
  compensation  of  positions,  to  hear  and determine all complaints and
  grievances with  respect  to  the  classification  and  compensation  of

  positions, and from time to time to review the duties, responsibilities,
  qualification  requirements  and  compensation  of positions and to make
  such revisions in the classification or  compensation  of  positions  as
  changes in the service of the corporation may require;
    (iii)    To  afford  to  any person aggrieved by the classification or
  allocation of a position a reasonable opportunity to  present  facts  in
  support  of  or  in  relation to such classification or allocation, at a
  time and in such manner as may be specified  by  the  director,  and  to
  render and furnish to the person aggrieved a written decision thereon.
    (e)    Any  classification  or  reclassification of a position and any
  allocation or reallocation of a position to a salary grade made  by  the
  director  pursuant  to  this  section shall become effective on the date
  approved by the president of the corporation.
    5.  Authority to use services of New York state  department  of  civil
  service.    The  merit board or the director may request of the New York
  state department of civil service technical advice and assistance in the
  administration of  the  provisions  of  this  title  for  consideration,
  including  but  not  limited  to  the  preparation and administration of
  examinations, and in the absence of an eligible list of the corporation,
  may request the New York state department of civil service to furnish it
  with the names of persons on an appropriate eligible list.    The  merit
  board or the director shall provide such department with any information
  necessary to effectuate the provisions of this section.
    6.    Classes  of position established.  The classified service of the
  corporation shall comprise all offices and positions not included in the
  unclassified service.   The offices  and  positions  in  the  classified
  service of the corporation shall be divided into four classes designated
  as  the  exempt class, the non-competitive class, the competitive class,
  and the labor class.
    (a)  The exempt class shall consist  of  such  positions  and  offices
  which  the  merit  board  shall determine to be impracticable to fill by
  competitive or non-competitive examination.
    (b)  The non-competitive class shall include all  positions  that  are
  not  in the exempt class or labor class and for which it is found by the
  merit board to be not practicable to ascertain the merit and fitness  of
  applicants by competitive examination.
    (c)    The  labor  class  shall comprise all unskilled laborers in the
  service of the corporation.
    (d)  The competitive class shall include all positions for which it is
  found by the merit board to be practicable to determine  the  merit  and
  fitness  of applicants by competitive examination, and shall include all
  positions in the classified  service  of  the  corporation  except  such
  positions  as  are in the exempt class, the non-competitive class or the
  labor class.
    7. Examinations.    (a)  The  merit  and  fitness  of  applicants  for
  positions  which  are  classified  in  the  competitive  class  shall be
  ascertained by such examinations as  may  be  prescribed  by  the  merit
  board.   The merit board shall issue an announcement of each competitive
  examination  or  promotional  examination,  setting  forth  the  minimum
  qualifications required, the subjects of the examination, and such other
  information  as  they  may  deem  necessary,  and  shall  advertise such
  examination in such manner as the nature of the examination may require.
    (b)    The  merit  board,  acting  by  the  director,  shall   require
  prospective  applicants  to  file  during  a  prescribed  time  a formal
  application in which the applicant shall state such information  as  may
  reasonably  be  required,  touching    upon  the applicant's background,
  experience and qualifications for the position sought  and  his  or  her
  merit  and  fitness for service.  The application shall be subscribed by

  the applicant and shall contain an affirmation by the applicant that the
  statements therein are true under the penalties of perjury.  Application
  forms shall be furnished without charge to all persons requesting them.
    8.  Abolition of positions; demotion.  (a)  Where, because of economy,
  consolidation  or  abolition  of functions, curtailment of activities or
  otherwise,  positions  in  the  competitive  class  of  service  of  the
  corporation are abolished or reduced in rank or salary grade, suspension
  or  demotion  as  the  case  may be among incumbents holding the same or
  similar positions within the same jurisdictional classification shall be
  made in the inverse order of original appointment on a  permanent  basis
  in  the  grade  or  title; provided, however, that upon the abolition or
  reduction of positions in  the  competitive  class  of  service  of  the
  corporation  incumbents holding the same or similar positions within the
  same  jurisdictional  classification  who  have  not   completed   their
  probationary  service  shall  be suspended or demoted as the case may be
  before any permanent incumbents, and among such  probationary  employees
  the  order  of  suspension  or  demotion  shall be determined as if such
  employees were permanent incumbents.
    (b)    Where,  because  of  economy,  consolidation  or  abolition  of
  functions,  curtailment  of  activities  or  otherwise, positions in the
  non-competitive class of service of the  corporation  are  abolished  or
  reduced in rank or salary grade,  suspension or demotion as the case may
  be  among  incumbents  holding  the same or similar positions within the
  same jurisdictional classification shall be made in the inverse order of
  original appointment on  a  permanent  basis  in  the  grade  or  title;
  provided,  however, that upon the abolition or reduction of positions in
  the non-competitive class of service  of    the  corporation  incumbents
  holding  the  same  or  similar positions within the same jurisdictional
  classification who have not completed their probationary  service  shall
  be  suspended  or  demoted  as  the  case  may  be  before any permanent
  incumbents,  and  among  such  probationary  employees  the   order   of
  suspension  or  demotion  shall  be determined as if such employees were
  permanent incumbents.
    (c)  Upon the abolition or reduction of positions in  the  service  of
  the  corporation,  suspension  or  demotion  shall  be  made  from among
  employees  holding  the  same  or  similar  positions  within  the  same
  jurisdictional classification in the entirety of the corporation.
    (d)   In any case where an employee of the corporation is suspended or
  demoted because of economy, consolidation  or  abolition  of  functions,
  curtailment  of  activities or otherwise, the director of classification
  and compensation shall, upon such suspension or demotion, furnish to the
  merit board a statement showing the employee's name, title or  position,
  date  of  appointment  and  the  date  of  and  reason for suspension or
  demotion.  The merit board shall place the name of such employee upon  a
  preferred  list  together  with  others  who  may have been suspended or
  demoted from the same or similar positions in  the  same  jurisdictional
  class in the service of the corporation, and shall certify such list for
  filling  vacancies  in the same jurisdictional class, first, in the same
  or similar position, second, in any position in a lower grade in line of
  promotion, and third, in any comparable position.
    (e) For purposes of the  civil  service  law,  the  date  of  original
  appointment  of  employees  of  the  corporation  shall  be  the date of
  original appointment on a permanent basis in the classified  service  of
  the corporation; except that for those employees who transfer from state
  service    to  the  service  of  the  corporation  pursuant  to  section
  thirty-five hundred fifty-seven of this  title,  the  date  of  original
  appointment  shall  be  the  date of original appointment on a permanent
  basis in the civil service of the state of New York.

    9. Notwithstanding any inconsistent provision of section eighty-one of
  the civil service law, employees  of  the  state  who  transfer  to  the
  corporation  pursuant  to subdivision one of section thirty-five hundred
  fifty-seven of this title shall be  considered  to  be  state  employees
  under  the  jurisdiction  of  the  state  civil  service  commission for
  purposes of placement on and employment from preferred lists established
  by the state civil service commission.
    10.  Notwithstanding   any   inconsistent   provisions   of   sections
  eighty-one-a and eighty-one-b of the civil service law, employees of the
  state  who  transfer  to  the corporation pursuant to subdivision one of
  section  thirty-five  hundred  fifty-seven  of  this  title   shall   be
  considered  to  be  state  employees  for purposes of placement upon and
  employment from reemployment rosters pursuant to section eighty-one-a of
  the civil service law and for purposes of placement upon and  employment
  from  placement  rosters  pursuant  to section eighty-one-b of the civil
  service law.
    11. Reemployment rosters within the corporation. (a) Where an employee
  is to be suspended or demoted in accordance with  subdivision  eight  of
  this  section,  the  president  of  the  corporation  shall,  upon  such
  employee's suspension or demotion place the name of such employee upon a
  reemployment roster for filling vacancies in any comparable position  as
  determined  by  the  director of classification and compensation, except
  that  employees   suspended   or   demoted   from   positions   in   the
  non-competitive and labor classes may not be certified to fill vacancies
  in  the  competitive  class. Such reemployment roster shall be certified
  for filling a vacancy in any such position before certification is  made
  from  any other list, including a promotion eligible list, but not prior
  to a preferred list. Eligibility for reinstatement  of  a  person  whose
  name  appears  on  any such reemployment roster shall not continue for a
  period longer than four years from the date of  suspension  or  demotion
  provided,  however, in no event shall eligibility for reinstatement from
  a reemployment roster continue once the person is no longer eligible for
  reinstatement from a preferred list.
    (b) The names of persons on a reemployment roster shall  be  certified
  therefrom with equal ranking for reinstatement.
    (c)  All  reinstatements  from  a  reemployment  roster  shall require
  completion of a probationary term in accordance with  rules  promulgated
  by the merit board pursuant to subdivision two of section sixty-three of
  the civil service law.
    (d) The merit board shall adopt rules providing for the relinquishment
  of  eligibility  for reinstatement upon reinstatement or upon failure or
  refusal to accept reinstatement from a preferred list or a  reemployment
  roster.
    (e) Notwithstanding any other provision of this title, the corporation
  may  disqualify for reinstatement and remove from a  reemployment roster
  the name of any otherwise eligible person who, by reason of physical  or
  mental  incapacity,  is found to be unable to satisfactorily perform the
  duties of the position for which such roster has  been  established,  or
  who has engaged in such misconduct as would warrant his or her dismissal
  from  public  employment,  except  that  a  person who is not completely
  physically incapacitated and who is suspended  or  demoted  pursuant  to
  section  eighty  or eighty-a of the civil service law because his or her
  position has been  abolished  or  reduced,  but  who  is  certified  for
  reinstatement  to  any position having the same physical requirements as
  the position from which such person was suspended or demoted, shall  not
  be  disqualified  because  of his or her incapacity, unless upon medical
  examination his or her incapacity has worsened to a degree  that  he  or
  she  would  not  be  able to satisfactorily perform in such position. No

  person shall be disqualified pursuant to this subdivision unless  he  or
  she  is  first  given a written statement of the reasons therefor and an
  opportunity to be heard at a hearing at which satisfactory proof of such
  reasons  must  be established by appropriate evidence, and at which such
  person  may  present   independent   evidence   and   be   entitled   to
  representation  by  counsel. The corporation shall designate a person to
  hold such hearing and report thereon.
    (f) Notwithstanding any other provision of this title, any person  may
  voluntarily  remove  his  or  her  name  from  a  reemployment roster by
  application to the corporation.
    12.  Placement rosters within the corporation. (a) Where  an  employee
  is  to  be  suspended or demoted in accordance with subdivision eight of
  this  section,  the  president  of  the  corporation  shall,  upon  such
  employee's suspension or demotion place the name of such employee upon a
  reemployment  roster for filling vacancies in any comparable position as
  determined by the director of  classification  and  compensation  except
  that employees suspended or demoted from position in the non-competitive
  and  labor  classes  may  not  be  certified  to  fill  vacancies in the
  competitive class.  Such placement roster shall be certified for filling
  a vacancy in any such position before certification  is  made  from  any
  other  list,  including  a  promotion  eligible list, but not prior to a
  preferred list or a reemployment roster. Eligibility for appointment  of
  an  employee  whose  name  appears  on  any  such placement roster shall
  terminate at such time as  the  employee  is  suspended  or  demoted  in
  accordance  with  the  provisions  of subdivision eight of this section.
  Upon such employee's suspension or demotion, the corporation shall place
  the name of such employee upon a  preferred  list,  and  a  reemployment
  roster  as appropriate, in accordance with the provisions of subdivision
  eight of this section.
    (b) The names of employees on a placement roster  shall  be  certified
  therefrom with equal ranking for appointment.
    (c)  All appointments from a placement roster shall require completion
  of a probationary term in accordance with rules promulgated by the civil
  service commission pursuant to subdivision two of section sixty-three of
  the civil service law.
    (d) The merit board shall adopt rules providing for the relinquishment
  of eligibility for appointment  upon  appointment  or  upon  failure  or
  refusal to accept appointment from a placement roster.
    (e)  Notwithstanding  any  other provision of this title, any employee
  may voluntarily remove his or  her  name  from  a  placement  roster  by
  application to the corporation.
    13.  Establishment  of  redeployment lists in the corporation; general
  provisions. (a) Notwithstanding any inconsistent  provision  of  section
  seventy-nine  of the civil service law, where, and to the extent that an
  agreement between the state and an employee  organization  entered  into
  pursuant  to  article  fourteen  of  the  civil service law so provides,
  employees of the corporation shall be  considered  to  be  employees  in
  state  service  for  purposes  of  primary  and  secondary  redeployment
  pursuant to section seventy-nine  of  the  civil  service  law  and  the
  applicable collective bargaining agreement.
    (b)  Where,  an  employee  in  the  corporation  is to be suspended or
  demoted in accordance with the provisions of subdivision eight  of  this
  section by reason of the corporation's exercise of its right to contract
  out  for  goods  and  services,  and receipt of the information required
  pursuant  to  subdivision  eleven  of  this  section  for  purposes   of
  establishing  reemployment  rosters,  at  least ninety days prior to the
  suspension or demotion of an affected employee,  the  corporation  shall
  place   the  name  of  the  employee  upon  a  redeployment  list.  Such

  redeployment list shall be certified for filling positions in  the  same
  title  or  in  any  comparable  title,  as determined by the director of
  classification and compensation, before certification is made  from  any
  other  eligible list, placement roster, reemployment roster or preferred
  list.
    (c) The names of persons on a redeployment  list  shall  be  certified
  therefrom  for  appointment in the order of their original appointments,
  in accordance with the provisions of paragraph (e) of subdivision  eight
  of this section.
    (d) A person appointed from a redeployment list shall receive at least
  the  same salary such person was receiving in the position from which he
  or she is to be or has been suspended or demoted.
    (e) Probationers who are appointed  from  a  redeployment  list  to  a
  position   in  the  same  title  will  be  required  to  complete  their
  probationary term. Employees who are appointed from a redeployment  list
  to  a  position  in  a  comparable title shall be required to complete a
  probationary term in accordance with the rules promulgated by the  merit
  board  pursuant  to  subdivision two of section sixty-three of the civil
  service law.
    (f) Eligibility for appointment of an employee whose name appears on a
  redeployment list shall terminate  at  such  time  as  the  employee  is
  redeployed  pursuant  to the provisions of this section to a position in
  the same salary grade as the position from which  he  or  she  has  been
  suspended  or  demoted,  or has exercised his or her reemployment rights
  pursuant to the provisions of section eighty-one or eighty-one-a of  the
  civil  service  law, provided, however, that eligibility for appointment
  shall terminate no later than six months  following  the  suspension  or
  demotion  of  such employee in accordance with the provisions of section
  eighty or eighty-a of the civil  service  law.    Upon  such  employee's
  suspension  or  demotion,  the  corporation shall place the name of such
  employee  upon  a  preferred  list,  and  a  reemployment   roster,   as
  appropriate,  in  accordance with the provisions of subdivision eight of
  this section.
    (g) Notwithstanding any other provision of this chapter, any  employee
  may  voluntarily  remove  his  or  her  name from a redeployment list by
  application to the corporation.
    (h) (1) In the event the corporation determines,  in  accordance  with
  the  provisions  of paragraph (b) of this subdivision, that there are no
  positions in the same title or any comparable title to which an employee
  to be suspended or demoted by reason of  the  state's  exercise  of  its
  right  to  contract  out  for  goods and services can be redeployed, the
  corporation  may  place  the  name  of  such  employee  on   a   special
  reemployment  roster,  for  filling  positions  in  titles for which the
  employee meets the essential  tests  and  qualifications.  Such  special
  reemployment  roster  may  be  certified immediately upon the employee's
  placement on the roster for filling a position before  certification  is
  made  from any other eligible list, including a promotion eligible list,
  but not prior to a redeployment list or preferred list.
    (2) Eligibility for appointment of an employee whose name appears on a
  special reemployment roster shall not continue for a period longer  than
  four  years  from the date of suspension or demotion, provided, however,
  that eligibility for appointment of an employee whose  name  appears  on
  any such special reemployment roster shall terminate at such time as the
  employee  is  redeployed pursuant to the provisions of this section and,
  in  no  event,  shall  eligibility  for  appointment  from   a   special
  reemployment roster continue once the employee is no longer eligible for
  reinstatement from a preferred list.

    (3)  Employees  placed  on a special reemployment roster in accordance
  with the provisions of this section,  shall  have  all  the  rights  and
  privileges   provided   employees  placed  on  reemployment  rosters  in
  accordance with subdivision eleven of this section.
    (i)  The  merit  board  shall adopt rules for carrying into effect the
  provisions  of  this  section,  including  rules   providing   for   the
  relinquishment  of  eligibility for appointment upon appointment or upon
  failure or refusal to  accept  appointment  from  a  redeployment  list.
  Additionally,  notwithstanding  any inconsistent provision of law, rule,
  or regulation, an agreement between  the  corporation  and  an  employee
  organization recognized or certified pursuant to article fourteen of the
  civil  service  law  can provide employment security rights and benefits
  where the state has exercised its right to contract out  for  goods  and
  services.  The  merit  board  upon  receipt  of a written request of the
  director of the corporation is authorized  to  implement  provisions  of
  such  agreement  consistent  with  the  terms thereof and, to the extent
  necessary, may adopt rules and regulations providing for the benefits to
  be thereunder provided. The  merit  board,  with  the  approval  of  the
  president  of  the  corporation, may extend such benefits in whole or in
  part, to corporation  employees  excluded  from  collective  negotiating
  units.