HR Professional Home

SPMM Home

SPMM Search

Recently Issued

General Information Bulletins

0000 Introduction

0200 Roles & Responsibilities

0400 Affirmative Action

0600 Jurisdictional Classification

0800 Classification & Compensation

1000 Recruitment

1200 Examinations

1400 Eligible Lists

1600 Interviewing & Hiring

1800 Appointments

2000 Probation

2200 Separations & Leaves

2300 Reductions
in Force


2400 Training & Development

2600 Employee Services

2800 Automated Position and Personnel System

3000 Appendix

Disclaimer

NEW YORK STATE DEPARTMENT OF CIVIL SERVICE
State Personnel Management Manual

Policy Bulletin #85-01

 1200 Examinations /
2300 Reductions in Force
April 26, 1985

TO: Department and Agency Personnel Officers

SUBJECT: Veterans' Credits

The Federal Second Circuit Court of Appeals recently struck down (in Soto-Lopez, et al v New York City Civil Service Commission, et al) the requirement of residency in New York State at the time of induction into military service as a condition of eligibility for veterans' credits. Although the Attorney General is appealing the decision, this Department must implement it in order to minimize potential liability.

The Soto-Lopez decision directly affects two important areas: the addition of veterans' credits to examination scores and the adjustment of seniority dates for layoff and reemployment purposes. Consequently, the Department will proceed as follows:

Veterans' Examination Credits

  1. We will notify persons whose names appear on eligible lists that were established between February 15 and April 11, 1985 of the change in the residency criterion and provide them with a form to use to apply for veterans' credits.
  2. As of April 11, 1985, all Notices of Examination Results sent to candidates include a notice of the change in the residency criterion. Persons who wish to apply for veterans' credits under the new criterion are advised to write or call the Veterans Claims Processing Unit. The Unit's telephone number is (518) 453-6744.
  3. We will notify agencies of eligible list changes resulting from the establishment of veterans' credits based on the new criterion. Appointments made in the interim will not be revoked.
  4. We will be revising form S-203, Disposition of Veterans' Credits, to reflect this change. Supplies of this revised form will be distributed in the near future. Meanwhile, departments and agencies should continue to use the current form, taking into consideration that New York State residence at time of entry into the Armed Forces is no longer a requirement for veterans' credits.

Layoff and Reemployment

  1. Seniority dates of employees affected by the revised criterion must be adjusted for the purpose of establishing retention standing in cases of layoffs that occur on or after February 15, 1985., In order to make the required adjustments, agencies must canvass their employees to identify those who are eligible for additional seniority,credit (5 years for disabled veterans, 2 1/2 years for non-disabled veterans). Agencies must verify claims for veterans' status under the new criterion and report the results of this canvass and verification to this Department so that personnel records maintained in the Automated Position/Personel System can be appropriately revised. This Department will substantiate claims for disabled veterans' status.

    In order to assist in this effort, we will provide each agency with a listing of employees currently identified in the Automated Position/ Personnel System as Non-Veterans (veterans' status code 3). Agencies may effect necessary adjustments to the Automated Position/Personnel System records by entering a revised veterans' status code (1,-disabled; 2 - non-disabled) directly on the listing.

    If, as a result of your canvass, employees request veterans' status under the former criterion, their status may also be revised by entering the status code on the listing. Please identify whether the former or revised criterion is the basis for the request.

    All listings must be returned to the Department bf Civil Service, Employment Records Section, Room 204, by June 1,,1985. Individual PR-75's will not be required.
  2. We will canvass preferred list eligibles laid off on or after February 15, 1985 and will adjust seniority dates as necessary.

Should the United States Supreme Court overrule the Second Circuit Court of Appeals' decision, appointments or layoffs resulting from the granting of veterans' status to non-resident inductees will not be revoked unless the Court specifically directs such action. Such,veterans will, however, lose their future eligibility for examination credits and preference in retention.

To avoid any possible confusion, we have attached a description of the revised eligibility requirements for veterans' status.

We will keep you informed of the progress of the Attorney
General's appeal.

{signed] Karen S. Burstein
President, Civil, Service Commission

Attachment

ELIGIBILITY FOR VETERANS' STATUS

GENERAL ELIGIBILITY REQUIREMENTS
ACCEPTABLE DOCUMENTARY PROOF
1. Honorable Discharge or Release under honorable circumstances from the Armed Forces of the United States. (The "Armed Forces of the UnitedStates" means the Army, Navy, Marine Corps, AirForce and Coast Guard, including all components thereof and the National Guard when in the service of the United States pursuant to call as provided by Law on a full-time duty basis other than active duty for training iurposes.)
1. Report of Separation and Honorable Discharge and/or Certificate of Service. Acceptable military forms
NAVPERS-553; NAVMC-78:WDAGO-53, 55: WDAGO-53,98; DD-214. If eligible'sname is different from that shown of Report of Separation and

2. Dates of active service during any of thefollowing periods:
a. December 7, 1941 to September 2, 1945
b. June 26, 1950 to January 31, 1955
c. January 1, 1963 to May 7, 1975
d. U.S. Public Health Services:

July 29, 1945 to September 2, 1945
-OR-
June 26, 1950 to July 3, 1952

2. Honorable Discharge, a marriage certificate
or other legal document to verify the change must be included.
3. Resident of New York State at the timeof application for veterans' credits. 3. Statement of Applicant

ADDITIONAL REQUIREMENTS FOR DISABLED VETERANS

Employee must be receiving payments from theVeterans' Administration for a service connected disability rated at ten (10) percent or more incurred during the periods listed in #2 above. Verification process conducted by the Department of Civil Service.

NOTE: Section 85.7(5) of the Civil Service Law provides special retention status
to the spouses of certain disabled veterans. That part provides that the date
of original appointment of "...the spouse of a veteran with one hundred percent
service connected disability shall be deemed to be sixty months earlier than
the actual date, determined in accordance with section thirty of the general
construction law, provided, the spouse is domiciled with the veteran-spouse
and is the head of the household."

4/85

Return to Top ^