N.Y. Comp. Codes R. & Regs. tit. 22 § 25.32

Current through Register Vol. 46, No. 51, December 18, 2024

Section 25.32 - Credits and preferences for veterans or disabled veterans

(a) Definitions.

(1) The terms veteran and nondisabled veteran mean a member of the Armed Forces of the United States who served therein in time of war, who was honorably discharged or released under honorable circumstances from such service, and who is a resident of this State at the time of application for appointment or promotion.

(2) The term disabled veteran means a veteran who is certified by the United States Veterans Administration or a military department as entitled to receive disability payments upon the certification of such Veterans Administration or a military department for a disability incurred by him or her in time of war and in existence at the time of application for appointment or promotion or at the time of retention, as the case may be. Such disability shall be deemed to be in existence at the time of application for appointment or promotion or at the time of retention, as the case may be, if the certificate of such Veterans Administration shall state affirmatively that such veteran has been examined by a medical officer of such Veterans Administration on a date within one year of either the date of filing application for competitive examination for original appointment or promotion, or the date of the establishment of the resulting eligible list, or within one year of the time of retention, as the case may be; that at the time of such examination the war-incurred disability described in such certificate was found to exist; and that such disability is rated at 10 per centum or more. Such disability shall also be deemed to be in existence at such time if the certificate of such Veterans Administration shall state affirmatively that a permanent stabilized condition of disability exists to an extent of 10 per centum or more, notwithstanding the fact that such veteran has not been examined by a medical officer of such Veterans Administration within one year of either the time of application for appointment or promotion, or the date of filing application for competitive examination for original appointment or promotion, or within one year of the time of retention, as the case may be. The term disabled veteran shall also mean:

(i) a veteran who served in World War I, who continued to serve in the Armed Forces of the United States after November 11, 1918, and who is certified, as hereinbefore provided, by the United States Veterans Administration as receiving disability payments upon the certification of such Veterans Administration for a disability incurred by such veteran in such service on or before July 2, 1921;

(ii) a veteran who served in World War II, who continued to serve in the Armed Forces of the United States after September 2, 1945, or who served aboard merchant vessels as set forth in section 85(1)(b)(2) of the Civil Service Law, and who is certified, as hereinbefore provided, by the United States Veterans Administration as receiving disability payments upon the certification of such Veterans Administration for a disability incurred by such veteran in such service on or before the date that World War II was declared terminated;

(iii) a veteran who served during hostilities participated in by the military forces of the United States subsequent to June 27, 1950, and who continued to serve in the Armed Forces of the United States after January 31, 1955, and who is certified, as hereinbefore provided, by the United States Veterans Administration as receiving disability payments upon the certification of such Veterans Administration for a disability incurred by such veteran in such service.

(3) The term time of war shall include the following wars and hostilities for the periods and based upon the evidence herein set forth:

(i) World War I, from April 6, 1917 to and including November 11, 1918;

(ii) World War II, from December 7, 1941 to and including December 31, 1946;

(iii) hostilities participated in by the military forces of the United States from June 27, 1950 to and including January 31, 1955;

(iv) hostilities participated in by the military forces of the United States from December 22, 1961 to May 7, 1975;

(v) hostilities participated in by the military forces of the United States in Lebanon from June 1, 1983 to December 1, 1987, as established by the receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal;

(vi) hostilities participated in by the military forces of the United States in Grenada, from October 23, 1983 to November 21, 1983, as established by receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal;

(vii) hostilities participated in by the military forces of the United States in Panama, from December 20, 1989 to January 31, 1990, as established by receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal;

(viii) hostilities participated in by the military forces of the United States in the Persian Gulf, from August 2, 1990 to the end of such hostilities.

(4) The term time of application for original appointment or promotion shall mean the date of the establishment of an eligible list resulting from a competitive examination for original appointment or promotion, as the case may be, which date shall be the date on which the term of such eligible list commences.

(5) The term time of retention shall mean the time of abolition or elimination of positions.

(b) Additional credits in competitive examinations for original appointment or promotion.

(1) On all eligible lists resulting from competitive examinations, the names of eligibles shall be entered in the order of their respective final earned ratings on examination, with the name of the eligible with the highest final earned rating at the head of such lists; provided, however, that for the purpose of determining final earned ratings:

(i) disabled veterans shall be entitled to receive 10 points additional in a competitive examination for original appointment and five points additional credit in a competitive examination for promotion; and

(ii) nondisabled veterans shall be entitled to receive five points additional credit in a competitive examination for original appointment and 21/2 points additional credit in a competitive examination for promotion.

(2) Such additional credits shall be added to the final earned rating of such disabled veteran or nondisabled veteran, as the case may be, after he or she has qualified in the competitive examination, and shall be granted only at the time of establishment of the resulting eligible list.

(c) Application for additional credit; proof of eligibility; establishment of eligible list. Any candidate believing himself or herself to be entitled to additional credit in a competitive examination, as provided herein, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candidate shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish, by appropriate documentary proof, eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date for filing application for a competitive examination for original appointment or promotion, the eligible list resulting from such examination may be established, notwithstanding the fact that a veteran or disabled veteran who has applied for additional credit has failed to establish eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, eligibility to receive additional credit by the time an eligible list is established shall not thereafter be granted additional credit on such eligible list.

(d) Use of additional credit.

(1) Except as herein otherwise provided, no person who has received a permanent original appointment or a permanent promotion in the Unified Court System or in the civil service of the State or of any city or civil division thereof from an eligible list on which he or she was allowed the additional credit granted by this section or by section 85 of the Civil Service Law, either as a veteran or disabled veteran, shall thereafter be entitled to any additional credit under this section either as a veteran or a disabled veteran.

(2) Where, at the time of establishment of an eligible list, the position of a veteran or disabled veteran on such list has not been affected by the addition of credit granted under this section, the appointment or promotion of such veteran or disabled veteran, as the case may be, from such eligible list shall not be deemed to have been made from an eligible list on which he was allowed the additional credit granted by this section.

(3) If, at the time of appointment from an eligible list, a veteran or disabled veteran is in the same relative standing among the eligibles who are willing to accept appointment as if he or she had not been granted the additional credits provided by this section, his or her appointment from among such eligibles shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits.

(4) Where a veteran or disabled veteran has been originally appointed or promoted from an eligible list on which he or she was allowed additional credit, but such appointment or promotion is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the probationary term, he or she shall not be deemed to have been appointed or promoted, as the case may be, from an eligible list on which he or she was allowed additional credit, and such appointment or promotion shall not affect eligibility for additional credit in other examinations.

(e) Withdrawal of application; election to relinquish additional credit. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a veteran or disabled veteran has received the additional credit granted by this section, such veteran or disabled veteran may elect, prior to permanent original appointment or permanent promotion, to relinquish the additional credit theretofore granted and accept the lower position on such eligible list to which he or she would otherwise have been entitled; provided, however, that such election shall thereafter be irrevocable. Such election shall be in writing and signed by the veteran or disabled veteran, and transmitted to the Chief Administrator of the Courts.

(f) Roster. The Chief Administrator of the Courts shall establish and maintain a roster of all veterans and disabled veterans appointed or promoted as a result of additional credits granted by this section. The appointment or promotion of a veteran or disabled veteran as a result of additional credits shall be void if such veteran or disabled veteran, prior to such appointment or promotion, had been appointed or promoted as a result of additional credits granted by this section or by section 85 of the Civil Service Law.

(g) Penalty for denial of preference in retention. A refusal to allow the preference in retention provided for in paragraph (3) of subdivision (a) of section 25.30 of this Part to any veteran or disabled veteran, or a reduction of compensation intended to bring about the resignation of such veteran or disabled veteran, shall be subject to the provisions of subdivision 8 of section 85 of the Civil Service Law.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.32