N.Y. Civil Service Law § 85-d: Additional credits allowed the children and siblings of New York city sanitation members killed in the line of duty

§ 85-d. Additional credits allowed the children and siblings of New

York city sanitation members killed in the line of duty. 1. Definitions.

(a) As used in this section, "killed in the line of duty" shall mean

having died in the performance of duty as the natural and proximate

result of the World Trade Center attack on September eleventh, two

thousand one or as the natural and proximate result of participation in

the rescue effort that was conducted in response to such attack.

(b) As used in this section "New York city sanitation member" shall

mean a sanitation member as defined in subdivision sixty-four of section

13-101 of the administrative code of the city of New York.

2. Additional credit authorized. Additional credits shall be allowed

to children and siblings of New York city sanitation members killed in

the line of duty 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 New York city sanitation

members 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 such child or sibling's

parent or sibling has served.

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

of such child or sibling, as the case may be, after such child or

sibling has qualified in the competitive examination and shall be

granted only at the time of establishment of the resulting eligible

list.

3. Application for additional credit; proof of eligibility;

establishment of eligible list. Any candidate, believing that such

candidate is 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 such candidate's 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 their application for examination

in which to establish by appropriate documentary proof such candidate's

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 such child or sibling's

eligibility to receive such additional credit. A candidate who fails to

establish, by appropriate documentary proof, such candidate's

eligibility to receive additional credit by the time an eligible list is

established shall not thereafter be granted additional credit on such

eligible list.

4. 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 such person 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 such child or sibling 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 such child or sibling had not

been granted the additional credits as provided by this section, such

child or sibling's appointment from such eligible persons shall not be

deemed to have been made from an eligible list on which such child or

sibling was allowed such additional credits.

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

eligible list on which such child or sibling 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, such child or sibling shall not be deemed to have

been appointed, as the case may be, from an eligible list on which such

child or sibling is allowed additional credit, and such appointment

shall not affect such child or sibling's eligibility for additional

credit in other examinations.

5. 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 such child or sibling and

accept the lower position on such eligible list to which such child or

sibling 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.

6. Roster. The department and each municipal commission shall

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

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.