1205 (I) Comparable Promotion Examinations
.111 Section 243.5 of the Military Law provides that if a
promotion examination is held while a public employee otherwise
entitled to participate is on military duty, the employee shall
be eligible for a comparable examination provided that the employee
requests it within sixty days after reentering public service.
If the employee passes the comparable examination, and the agency
has not reached that score, the employee's name is placed on
the regular eligible list, provided it is still in existence.
When the final rating is such that the employee would already
have been reached for appointment, the employee's name is placed
both on a special eligible list and the regular eligible list.
The individual's eligibility lasts for two years from the placement
of his/her name on the special eligible list. The special eligible
list is certified before any subsequent list, including a preferred
list. An employee promoted from a special eligible list shall
he entitled to retroactive seniority to the date upon which any
eligible was appointed with the same or lower score from the
regular promotion eligible list. This retroactive seniority shall
apply in the following cases: 1) computing seniority credit,
2) computing training and experience credit for promotion, and
3) determining eligibility for admission to promotion examinations.
.210 Request for Comparable Examinations
.211 The returning veteran has the responsibility for finding
out what promotion examinations were held during his/her military
service. Agency personnel officers should advise returning veterans
of their rights tinder this section of the Law and to contact
the State Civil Service Department. The Department of Civil Service
will provide information on all promotion examinations missed
while a veteran was on military duty upon the request of such
veteran within sixty days of that individual's restoration to
'his or her position. It is not necessary that the veteran file
examination application(s) within the sixty-day period. The filing
of the request satisfies the statute. The request for a comparable
promotion examination cannot be made until the applicant has
been restored to State service and must be made
in writing and signed by the applicant.
.220 Scheduling of Examinations
.221 The Department of Civil Service will hold the examination(s)
for which the veteran is eligible within six months of the date
requested. The examination(s) will be scheduled to give the veteran
as much time to prepare as was given the candidates in the original
.222 Returning veterans who have missed more than one Promotion
examination for the same title are given a single examination,
which will be considered as comparable for each of the examinations
missed. In determining whether a veteran successful in such single
comparable examination would have been reached for appointment,
it is necessary to determine to which rank he/she would have
been entitled on each of the examinations which were missed.
.223 A candidate who fails to appear for a comparable promotion
examination shall he disqualified. A request for postponement
of a comparable examination received prior to the date of examination
will be considered on its merit.
.230 Veteran's Credits
.231 Claimants for additional credits in a comparable examination
must show that they were entitled to such credits at the time
of establishment of the original list --not at the time of establishment
of the special eligible list.
.240 Holding Vacancies for Comparable Candidates
.241 Appointing officers will he notified of comparable examinations
being given to their employees so they will be able to hold vacancies
for them, if it is appropriate to do so.
.250 Eligible List Status of Successful Candidates
.251 A successful candidate whose name would have been reached
for a permanent-or contingent permanent appointment,. is placed
on a special eligible list for two years and on the original
eligible list if it is stilt in existence
.252 In determining whether a successful candidate would have
been reached for appointment, the candidate's score is based
rating plus additional credits, if any.
.253 If the original eligible list is still in existence and
the successful candidate would not have been reached for appointment,
the candidate's name is entered on the original list in score
order. In such case. the candidate's eligibility will expire
with the list.
.254 No eligible list status is granted to a successful candidate
if the original list has expired and the candidate would not
have been reached for appointment on the original list. (See
Eligible List Section ______).
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