N.Y. Civil Service Law § 85-a: Additional credits allowed children and siblings of firefighters, police officers, emergency medical technicians and paramedics killed in...

§ 85-a. Additional credits allowed children and siblings of

firefighters, police officers, emergency medical technicians and

paramedics killed in the line of duty. 1. Additional credit authorized.

Additional credits shall be allowed children and siblings of

firefighters, police officers, emergency medical technicians and

paramedics killed in the line of duty, as "child" and "sibling" in this

section in competitive examinations for original appointment. (a) On all

eligible lists resulting from competitive examinations, the names of

eligible persons shall be entered in the order of their respective final

earned ratings on examinations, with the name of the eligible person

with the highest final earned ratings at the head of such list,

provided, however, that for the purpose of determining final earned

ratings, children and siblings of firefighters, police officers,

emergency medical technicians and paramedics killed in the line of duty

shall be entitled to receive an additional ten points in a competitive

examination for original appointment in the same municipality in which

his or her parent or sibling has served. For the purposes of this

paragraph, a police officer or firefighter shall be deemed to have

"served" in a municipality if he or she was employed by, or worked

primarily in, that municipality.

(b) Such additional credit shall be added to the final earned rating

of such child or sibling, 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.

2. Application for additional credit; proof of eligibility;

establishment of eligible list. Any candidate, believing himself or

herself entitled to additional credit in a competitive examination as

provided in this section, 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 candidates 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 his

or her eligibility to receive additional credit under this section. At

any time after two months have elapsed since the final date for filing

applications for a competitive examination for original appointment, the

eligible list resulting from such examination may be established,

notwithstanding the fact that a child or sibling who has applied for

additional credit has failed to establish his or her eligibility to

receive such additional credit. A candidate who fails to establish, by

appropriate documentary proof, his or her eligibility to receive

additional credit by the time an eligible list is established shall not

thereafter be granted additional credit on such eligible list.

3. Use of additional credit. (a) Except as otherwise provided in this

subdivision, no person who has received a permanent original appointment

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 as a child or sibling, shall

thereafter be entitled to any additional credit under this section as a

child or sibling.

(b) Where, at the time of establishment of an eligible list, the

position of a child or sibling on such list has not been affected by the

addition of credits granted under this section, the appointment of such

child or sibling from such eligible list shall not be deemed to have

been made from an eligible list on which he or she was allowed the

additional credit granted by this section.

(c) If, at the time of appointment from an eligible list, a child or

sibling is in the same relative standing among the eligible persons who

are willing to accept appointment as if he or she had not been granted

the additional credits as provided by this section, his or her

appointment from such eligible persons shall not be deemed to have been

made from an eligible list on which he or she was allowed such

additional credits.

(d) Where a child or sibling has been originally appointed from an

eligible list on which he or she was allowed such additional credit, but

such appointment 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,

as the case may be, from an eligible list on which he or she is allowed

additional credit, and such appointment shall not affect his or her

eligibility for additional credit in other examinations.

4. 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 child or sibling has received the

additional credit granted by this section, such child or sibling may

elect, prior to permanent original appointment, to relinquish the

additional credit theretofore granted to him or her 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 child

or sibling, and transmitted to the department or the appropriate

municipal civil service commission.

5. Roster. The department and each municipal commission shall

establish and maintain in its office a roster of all such children or

siblings appointed as a result of additional credits granted by this

section to positions under its jurisdiction. The appointment of a child

or sibling as a result of additional credits shall be void if such child

or sibling, prior to such appointment, had been appointed as a result of

additional credits granted by this section.