N.Y. Civil Service Law § 80: Suspension or demotion upon the abolition or reduction of positions

§ 80. Suspension or demotion upon the abolition or reduction of

positions. 1. Suspension or demotion. Where, because of economy,

consolidation or abolition of functions, curtailment of activities or

otherwise, positions in the competitive, noncompetitive or labor class

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 in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the

classified service in the service of the governmental jurisdiction in

which such abolition or reduction of positions occurs, subject to the

provisions of subdivision seven of section eighty-five of this chapter;

provided, however, that the date of original appointment of any such

incumbent who was transferred to such governmental jurisdiction from

another governmental jurisdiction upon the transfer of functions shall

be the date of original appointment on a permanent basis in the

classified service in the service of the governmental jurisdiction from

which such transfer was made. Notwithstanding the provisions of this

subdivision, however, upon the abolition or reduction of positions in

the competitive, noncompetitive or labor class, incumbents holding the

same or similar positions in the same jurisdictional class 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.

1-a. Notwithstanding the provisions of subdivision one of this

section, the members of a police or paid fire department in the city of

Buffalo shall be subject to the following procedure. Where, because of

economy, consolidation or abolition of functions, curtailment of

activities or otherwise, positions in the competitive, noncompetitive or

labor class 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 in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the grade

or title in the service of the governmental jurisdiction in which such

abolition or reduction of positions occurs, subject to the provisions of

subdivision seven of section eighty-five of this chapter.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions in the competitive, noncompetitive

or labor class, incumbents holding the same or similar positions in the

same jurisdictional 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.

1-b. Notwithstanding the provisions of subdivision one of this

section, employees of secure detention facilities in the city of New

York and of the alternatives to secure detention facilities program in

such city who are performing functions which were assumed by the

department of social services of the city of New York on the tenth day

of November, nineteen hundred seventy-one and who, upon such assumption

were transferred to said department, shall be subject to the following

procedure. Where, because of economy, consolidation or abolition of

function, curtailment of activities or otherwise, positions in the

competitive, noncompetitive or labor class 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 in the same

jurisdictional class shall be made in the inverse order of original

appointment on a permanent basis in the classified service in the

service of the governmental jurisdiction in which such abolition or

reduction of positions occurs, subject to the provisions of subdivision

seven of section eighty-five of this chapter; provided, however, that if

any person so employed and so transferred was employed on a permanent

basis in such a facility or such program prior to the thirtieth day of

December, nineteen hundred sixty-seven, for purposes of this subdivision

regarding priority of retention and for no other purpose, the date of

original appointment of any such person shall be deemed to be the date

such permanent employment commenced prior to the said thirtieth day of

December, nineteen hundred sixty-seven.

1-c. Notwithstanding the provisions of subdivision one of this

section, sworn employees of the Monroe county sheriff's department shall

be subject to the following procedure. Where, because of economy,

consolidation or abolition of function, curtailment of activities or

otherwise, positions in the competitive, noncompetitive or labor class

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 in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the grade

or title in the service of the governmental jurisdiction in which such

abolition or reduction of positions occurs, subject to the provisions of

subdivision seven of section eighty-five of this chapter; provided,

however, that if any person so employed was employed in such person's

current title prior to the first day of April, nineteen hundred

ninety-three, for purposes of this subdivision regarding priority of

retention and for no other purpose, the date of original appointment of

any such person shall be deemed to be the date such employment commenced

prior to the said first day of April, nineteen hundred ninety-three.

1-d. Notwithstanding the provisions of subdivision one of this

section, the sworn members of the police force of the county of Nassau

shall be subject to the following procedure. Where, because of economy,

consolidation or abolition of functions, curtailment of activities or

otherwise, positions in the competitive, noncompetitive or labor class

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 in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the grade

or title in the service of the governmental jurisdiction in which such

abolition or reduction of positions occurs, subject to the provisions of

subdivision seven of section eighty-five of this chapter.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions, those employees 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.

1-e. Notwithstanding the provisions of subdivision one of this

section, the sworn members of the division of correction of the

sheriff's department of the county of Nassau shall be subject to the

following procedure. Where, because of economy, consolidation or

abolition of functions, curtailment of activities or otherwise,

positions in the competitive class 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 shall be made in the

inverse order of the time served in the grade or title in the service of

the governmental jurisdiction in which such abolition or reduction of

positions occurs, subject to the provisions of subdivision seven of

section eighty-five of this chapter. Provided, however, time in rank or

grade for the purposes of this subdivision shall only accrue

prospectively from the effective date of this subdivision, and where

time in rank and grade for two or more individuals is identical, time in

service shall be used for the purposes of this procedure.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions, those employees 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.

1-f. Notwithstanding the provisions of subdivision one of this

section, the sworn members of any police agency as defined in section

eight hundred thirty-five of the executive law, other than police

agencies referred to in subdivisions one-a through one-e of this section

shall be subject to the following procedure. Where, because of economy,

consolidation or abolition of functions, curtailment of activities or

otherwise, positions in the competitive class 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 shall be made in

the inverse order of original appointment on a permanent basis in the

grade or title in the service of the governmental jurisdiction in which

such abolition or reduction of positions occurs, subject to the

provisions of subdivision seven of section eighty-five of this chapter;

provided, however, that the date of original appointment of any such

incumbent who was transferred to such governmental jurisdiction from

another governmental jurisdiction upon the transfer of functions shall

be the date of original appointment on a permanent basis in the

classified service in the service of the governmental jurisdiction from

which such transfer was made.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions in the competitive class, incumbents

holding the same or similar positions who have not completed their

probationary services 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.

2. Continuous service. Except as otherwise provided herein, for the

purposes of this section the original appointment of an incumbent shall

mean the date of their first appointment on a permanent basis in the

classified service followed by continuous service in the classified

service on a permanent basis up to the time of the abolition or

reduction of the competitive, noncompetitive or labor class positions.

An employee who has resigned and who has been reinstated or reappointed

in the service within one year thereafter shall, for the purposes of

this section, be deemed to have continuous service. An employee who has

been terminated because of a disability resulting from occupational

injury or disease as defined in the workers' compensation law and who

has been reinstated or reappointed in the service thereafter shall be

deemed to have continuous service. A period of employment on a temporary

or provisional basis, or in the unclassified service, immediately

preceded and followed by permanent service in the classified service,

shall not constitute an interruption of continuous service for the

purposes of this section; nor shall a period of leave of absence without

pay pursuant to law or the rules of the civil service commission having

jurisdiction, or any period during which an employee is suspended from

their position pursuant to this section, constitute an interruption of

continuous service for the purposes of this section.

3. Interrupted service. A state employee who has resigned and who has

been reinstated or reappointed in the service more than one year

thereafter shall be credited with any previous state service rendered

prior to his or her resignation to which he or she would have been

entitled for the purposes of this section but for such resignation;

provided, however, that any time out of the service exceeding three

years shall be subtracted from the employee's previous state service. In

such instances, continuous service shall be deemed to have begun on the

date which precedes the otherwise applicable date for the commencement

of continuous service by the period of actual creditable service

provided by this subdivision.

4. Units for suspension or demotion in civil divisions. Upon the

abolition or reduction of positions in the service of a civil division,

suspension or demotion shall be made from among employees holding the

same or similar positions in the same jurisdictional class in the entire

department or agency within which such abolition or reduction of

positions occurs. In a city having a population of one million or more,

the municipal civil service commission may, by rule, designate as

separate units for suspension and demotion under the provisions of this

section any hospital or institution or any division of any department or

agency under its jurisdiction. Upon the abolition or reduction of

positions in such service, suspension or demotion, as the case may be,

shall be made from among employees holding the same or similar positions

in the same jurisdictional class in the department wherein such

abolition or reduction occurs, except that where such abolition or

reduction occurs in such hospital or institution or division of a

department designated as a separate unit for suspension or demotion,

suspension or demotion shall be made from among incumbents holding the

same or similar positions in the same jurisdictional class in such

separate unit.

4-a. For purposes of determining units for suspension or demotion in

the city of Niagara Falls, the following three units shall be deemed to

constitute departments within the meaning of subdivision three above:

(i) members of the police department employed as auxiliary policewomen,

police officers, police dispatchers or communications technicians,

police lieutenants, chief communications officer, or police captains;

(ii) members of the fire department employed as firefighters, fire alarm

operators, fire captains, battalion fire chiefs or master mechanic-chief

of apparatus; and (iii) all other employees of the city of Niagara

Falls, in the competitive class.

5. Units for suspension or demotion in the state service. The

president may, by regulation, designate as separate units for suspension

or demotion under the provisions of this section any state hospital,

institution or facility or any division of any state department or

agency or specified hospitals, institutions and facilities of a single

state department or agency within a particular geographic area as

determined by the president. Upon the abolition or reduction of

positions in the same jurisdictional class in the state service,

suspension or demotion, as the case may be, shall be made from among

employees holding the same or similar positions in the department

wherein such abolition or reduction occurs, except that where such

abolition or reduction occurs in a separate unit for suspension or

demotion designated by regulation of the president, suspension or

demotion shall be made from among incumbents holding the same or similar

positions in such separate unit.

6. Displacement in civil divisions. A permanent incumbent of a

position in a civil division in a specific title to which there is a

direct line of promotion who is suspended or displaced pursuant to this

section, together with all other such incumbents suspended or displaced

at the same time, shall displace, in the inverse order of the order of

suspension or demotion prescribed in subdivisions one and two of this

section, incumbents serving in positions in the same layoff unit in the

next lower occupied title in direct line of promotion who shall be

displaced in the order of suspension or demotion prescribed in

subdivisions one and two of this section; provided, however, that no

incumbent shall displace any other incumbent having greater retention

standing in the same jurisdictional class. If a permanent incumbent of a

position in a civil division is suspended or displaced from a position

in a title for which there are no lower level occupied positions in

direct line of promotion, they shall displace the incumbent with the

least retention right pursuant to subdivisions one and two of this

section who is serving in a position in the title in which the

displacing incumbent last served on a permanent basis prior to service

in one or more positions in the title from which they are suspended or

displaced, if: (1) the service of the displacing incumbent while in such

former title was satisfactory and (2) the position of the junior

incumbent is in (a) the competitive, noncompetitive or labor class, (b)

the layoff unit from which the displacing incumbent was suspended or

displaced, and (c) a lower salary grade than the position from which the

displacing incumbent is suspended or displaced; provided, however, that

no incumbent shall displace any other incumbent having greater retention

standing in the same jurisdictional class. Refusal of appointment to a

position afforded by this subdivision constitutes waiver of rights under

this subdivision with respect to the suspension or displacement on

account of which the refused appointment is afforded. The municipal

civil service commission shall promulgate rules to implement this

subdivision including rules which may provide adjunctive opportunities

for displacement either to positions in direct line of promotion or to

formerly held positions; provided, however, that no such rule shall

permit an incumbent to displace any other incumbent having greater

retention standing in the same jurisdictional class. For the purpose of

acquiring preferred list rights, displacement pursuant to this

subdivision is the equivalent of suspension or demotion pursuant to

subdivision one of this section.

7. Displacement in the state service. A permanent incumbent of a

position in the state service in a specific title to which there is a

direct line of promotion who is suspended or displaced pursuant to this

section, together with all other such incumbents suspended or displaced

at the same time, shall displace, in the inverse order of the order of

suspension or demotion prescribed in subdivisions one and two of this

section, incumbents serving in positions in the same layoff unit in the

next lower occupied title in direct line of promotion who shall be

displaced in the order of suspension or demotion prescribed in

subdivisions one and two of this section; provided, however, that no

incumbent shall displace any other incumbent having greater retention

standing in the same jurisdictional class. If a permanent incumbent of a

position in the state service is suspended or displaced from a position

in a title for which there are no lower level occupied positions in

direct line of promotion, they shall displace the incumbent with the

least retention right pursuant to subdivisions one and two of this

section who is serving in a position in the title in which the

displacing incumbent last served on a permanent basis prior to service

in one or more positions in the title from which they are suspended or

displaced, if: (1) the service of the displacing incumbent while in such

former title was satisfactory and (2) the position of the junior

incumbent is in (a) the competitive, noncompetitive or labor class, (b)

the layoff unit from which the displacing incumbent was suspended or

displaced, and (c) a lower salary grade than the position from which the

displacing incumbent is suspended or displaced; provided, however, that

no incumbent shall displace any other incumbent having greater retention

standing in the same jurisdictional class. Refusal of appointment to a

position afforded by this subdivision constitutes waiver of rights under

this subdivision with respect to the suspension or displacement on

account of which the refused appointment is afforded. The state civil

service commission shall promulgate rules to implement this subdivision

including rules which may provide adjunctive opportunities for

displacement either to positions in direct line of promotion or to

formerly held positions; provided, however, that no such rule shall

permit an incumbent to displace any other incumbent having greater

retention standing in the same jurisdictional class. For the purpose of

acquiring preferred list rights, displacement pursuant to this

subdivision is the equivalent of suspension or demotion pursuant to

subdivision one of this section.

7-a. Certain suspensions in cities of one million or more for reasons

of economy. (a) Notwithstanding the provisions of any other general or

local law, administrative code or ordinance to the contrary, in cities

having a population of one million or more, any of the uniformed force

of the department of sanitation of such city who was suspended on or

after July first, nineteen hundred ninety, because of economy measures

taken by such city and who returns to such service, shall be deemed to

have been in continuous service in determining length of service for

retirement purposes if the duration of such suspension did not exceed

thirty-three months; provided, however, that for retirement purposes, a

member receiving such service credit shall pay, by deductions from his

or her compensation for each and every payroll period, subject to the

member contributions prescribed by subparagraph two of paragraph (b) of

this subdivision.

(b) (1) Pursuant to such method of payment, such member shall pay, as

additional member contributions payable besides the ordinary member

contributions due for their current service:

(A) the ordinary member contributions which would have been done for

such period of suspension if they had actually been in service during

such period; and

(B) (if such member has elected the twenty-year retirement program

provided for by section six hundred four-a of the retirement and social

security law), the additional member contributions which they would have

been required to make under the provisions of that section for the

period from the starting date of such program to the date next preceding

the date on which such member became a participant in such retirement

program, if they had become such a participant on such starting date;

and

(C) additional member contributions of two per centum of their

compensation for the period beginning with the first full payroll period

which includes the date of enactment of this subdivision and ending on

the earlier of his or her date of retirement or their completion of

thirty years of service.

(2) The deduction for the additional contribution referred to in items

(A) and (B) of subparagraph one of this paragraph shall be made in

accordance with such equitable method and over such equitable period of

time as shall be prescribed by the executive director of the affected

retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in item (A) of

subparagraph one of this paragraph shall be paid into the retirement

system's member contributions accumulation fund which is required to

receive the ordinary member contributions of such member. The additional

member contributions referred to in item (B) of such subparagraph shall

be paid into the contingent reserve fund of such retirement system and

shall be subject to the provisions of such section six hundred four-a of

the retirement and social security law governing additional member

contributions. The additional member contributions referred to in item

(C) of such subparagraph shall be paid into the contingent reserve fund

of such retirement system and shall not be subject to any retirement

system right or privilege of such member, unless such right or privilege

is granted by other provisions of law which specifically refer to

additional member contributions made pursuant to this subdivision.

(4) At any time prior to completion of the deduction for the

additional contributions referred to in items (A) and (B) of

subparagraph one of this paragraph, payment of the remainder of the

total of such additional contribution due may be made in a lump sum,

provided further that such member shall pay into the contingent reserve

fund of the retirement system two percent of his or her earnings in each

year until the earlier of his or her date of retirement or his or her

completion of thirty years of service. In addition, if such member

elected to be covered by the provisions of section six hundred four-a of

the retirement and social security law, he or she shall also pay into

such contingent reserve fund the contributions that would have been

required had he or she made such election as of the starting of the

twenty-year retirement program.

7-b. Certain suspensions in cities of one million or more for reasons

of economy. (a) Notwithstanding the provisions of any other general or

local law, administrative code or ordinance to the contrary, in cities

having a population of one million or more, any member of the uniformed

force of the department of correction of such city who was suspended on

or after May first, two thousand three, because of economy measures

taken by such city and who returns to such service prior to July first,

two thousand four, shall be deemed to have been in continuous service in

determining length of service for retirement purposes if the duration of

such suspension did not exceed thirteen months; provided, however, that

for retirement purposes, a member receiving such service credit shall

pay, by deductions from his or her compensation, subject to the method

prescribed by subparagraph two of paragraph (b) of this subdivision.

(b)(1) Pursuant to such method of payment, such member shall pay, as

additional member contributions payable besides the ordinary member

contributions due for his or her current service:

(A) the ordinary member contributions which would have been paid for

such period of suspension if he or she had actually been in service

during such period; and

(B) if such member is covered by the twenty-year retirement program

provided for by section five hundred four-a of the retirement and social

security law, the additional member contributions which he or she would

have been required to make under the provisions of that section for such

period of suspension if he or she had actually been in service during

such period.

(2) The deduction for the additional contributions referred to in

clauses (A) and (B) of subparagraph one of this paragraph shall be paid

in accordance with such equitable method and over such equitable period

of time as shall be prescribed by the executive director of the affected

retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in clause (A) of

subparagraph one of this paragraph shall be paid into the retirement

system's member contributions accumulation fund which is required to

receive the ordinary member contributions of such member. The additional

member contributions referred to in clause (B) of such subparagraph

shall be paid into the contingent reserve fund of such retirement system

and shall be subject to the provisions of such section five hundred

four-a of the retirement and social security law governing additional

member contributions.

(4) At any time prior to completion of the deduction for the

additional contributions referred to in clauses (A) and (B) of

subparagraph one of this paragraph, payment of the remainder of the

total of such additional contributions due may be made in a lump sum. In

addition, if such member is covered by the provisions of section five

hundred four-a of the retirement and social security law, he or she

shall also pay into the contingent reserve fund of the retirement system

the contributions required to be made pursuant to such section.

7-c. Certain suspensions in cities of one million or more for reasons

of economy. (a) Notwithstanding the provisions of any other general or

local law, administrative code or ordinance to the contrary, in cities

having a population of one million or more, any employee in the title of

carpenter or supervisory carpenter of such city who was suspended on or

after June first, nineteen hundred ninety-one because of economy

measures taken by such city and who returns to such service prior to

July first, nineteen hundred ninety-three, shall be deemed to have been

in continuous service in determining length of service for retirement

purposes if the duration of such suspension did not exceed twenty-five

months; provided, however, that for retirement purposes, a member

receiving such service credit shall pay, by deductions from his or her

compensation, subject to the method prescribed by subparagraph two of

paragraph (b) of this subdivision.

(b)(1) Pursuant to such method of payment, such member shall pay the

ordinary member contributions due for his or her current service which

would have been paid for such period of suspension if he or she had

actually been in service during such period.

(2) The deduction for the additional contributions referred to in

subparagraph one of this paragraph shall be paid in accordance with such

equitable method and over such equitable period of time as shall be

prescribed by the executive director of the affected retirement system

with the approval of its board of trustees.

(3) The additional member contributions referred to in subparagraph

one of this paragraph shall be paid into the retirement system's member

contributions accumulation fund which is required to receive the

ordinary member contributions of such member.

(4) At any time prior to completion of the deduction for the

additional contributions referred to in subparagraph one of this

paragraph, payment of the remainder of the total of such additional

contributions due may be made in a lump sum.

7-d. Certain suspensions in cities of one million or more for reasons

of economy. (a) Notwithstanding the provisions of any other general or

local law, administrative code or ordinance to the contrary, in cities

having a population of one million or more, any employee of the

department of parks of such city who had been employed as a climber and

pruner who was suspended on or after July first, nineteen hundred

ninety-one, because of economy measures taken by such city and who

returned to such service prior to July first, nineteen hundred

ninety-five, shall be deemed to have been in continuous service in

determining length of service for retirement purposes if the duration of

such suspension did not exceed twenty-five months; provided, however,

that for retirement purposes, a member receiving such service credit

shall pay, by deductions from his or her compensation for each and every

payroll period, subject to the member contributions prescribed by

subparagraph two of paragraph (b) of this subdivision.

(b) (1) Pursuant to such method of payment, such member shall pay, as

additional member contributions payable besides the ordinary member

contributions due for his or her current service:

(A) the ordinary member contributions which would have been paid for

such period of suspension if he or she had actually been in service

during such period; and

(B) if such member is covered by the optional twenty-five year early

retirement program for certain New York city members provided by section

six hundred four-c of the retirement and social security law, as added

by chapter ninety-six of the laws of nineteen hundred ninety-five, the

additional member contributions which he or she would have been required

to make under the provisions of that section for such period of

suspension if he or she had actually been in service during such period.

(2) The deduction for the additional contribution referred to in items

(A) and (B) of subparagraph one of this paragraph shall be paid in

accordance with such equitable method and over such equitable period of

time as shall be prescribed by the executive director of the affected

retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in item (A) of

subparagraph one of this paragraph shall be paid into the retirement

system's member contributions accumulation fund which is required to

receive the ordinary member contributions of such member. The additional

member contributions referred to in item (B) of such subparagraph shall

be paid into the contingent reserve fund of such retirement system and

shall be subject to the provisions of section six hundred four-c of the

retirement and social security law, as added by chapter ninety-six of

the laws of nineteen hundred ninety-five, governing additional member

contributions.

(4) At any time prior to completion of the deduction for the

additional contributions referred to in items (A) and (B) of

subparagraph one of this paragraph, payment of the remainder of the

total of such additional contribution due may be made in a lump sum. In

addition, if such member is covered by the provisions of section six

hundred four-c of the retirement and social security law, as added by

chapter ninety-six of the laws of nineteen hundred ninety-five, he or

she shall also pay into such contingent reserve fund the contributions

required to be made pursuant to this section.

8. Certain suspensions in cities of one million or more for reasons of

economy. Notwithstanding the provisions of any other general or local

law, administrative code or ordinance, in cities having a population of

one million or more, any member employed in the uniformed or

non-uniformed services of such city who was suspended on or after July

first, nineteen hundred seventy-five, because of economy measures taken

by such city, and who returns to such service, shall be deemed to have

been in continuous service in determining seniority and length of

service regardless of the duration of such suspension; provided,

however, that for retirement purposes, a member receiving such service

credit shall pay into the annuity savings fund of the retirement system

the amount of the employee contributions required to have been paid into

the retirement system for such service, within one year after this

subdivision shall have taken effect. For the purposes of this

subdivision "uniformed services" shall mean and include any uniformed

force or service the members of which are paid in whole or part by such

city.

9. Certain suspensions or demotions in the city of Niagara Falls.

Notwithstanding the provisions of subdivision one of this section, the

members of a paid fire department in the city of Niagara Falls shall be

subject to the following procedure. Where, because of economy,

consolidation or abolition of functions, curtailment of activities or

otherwise, positions in the competitive class are, noncompetitive or

labor abolished or reduced in rank or salary grade, suspension or

demotion, as the case may be, among incumbents holding the same or

similar positions in the same jurisdictional class shall be made in the

inverse order of original appointment on a permanent basis in the grade

or title in the service of the governmental jurisdiction in which such

abolition or reduction of positions occurs, subject to the provisions of

subdivision seven of section eighty-five of this chapter.

Notwithstanding the provisions of this subdivision, however, upon the

abolition or reduction of positions in the competitive, noncompetitive

or labor class, incumbents holding the same or similar positions in the

same jurisdictional class 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.

* 10. (a) The use of artificial intelligence systems as defined by

section one hundred three-e of the state technology law shall not affect

(i) the existing rights of employees pursuant to an existing collective

bargaining agreement, or (ii) the existing representational

relationships among employee organizations or the bargaining

relationships between the employer and an employee organization.

(b) The use of such artificial intelligence systems shall not result

in the: (i) discharge, displacement or loss of position, including

partial displacement such as a reduction in the hours of non-overtime

work, wages, or employment benefits, or result in the impairment of

existing collective bargaining agreements; or

(ii) transfer of existing duties and functions currently performed by

employees of the state or any agency or public authority thereof, or

county, city, town, village, public improvement district, special

district, school district, board of cooperative educational services or

county vocational education and extension board to an artificial

intelligence system.

(c) The use of an artificial intelligence system shall not alter the

rights or benefits, and privileges, including but not limited to terms

and conditions of employment, civil service status, and collective

bargaining unit membership status of all existing employees of the state

or any agency or public authority thereof, or county, city, town,

village, public improvement district, special district, school district,

board of cooperative educational services or county vocational education

and extension board shall be preserved and protected.

* NB Repealed July 1, 2028

* NB There are 2 sb 10's

* 10. Effect of collective bargaining agreements. Nothing contained in

this section shall modify, replace or supersede any provision of a

collective bargaining agreement that provides for greater rights than

required by this section.

* NB There are 2 sb 10's