THIS BULLETIN REVISES AND REPLACES POLICY
BULLETIN #18-01 & 18-02, ISSUED October, 2018, ON
THE SAME TOPIC. PLEASE DESTROY THOSE VERSIONS.

Attached for your information and incorporation into the State Personnel Management Manual are updated Guidelines and Procedures for the appointment of persons with disabilities pursuant to sections 55-b/c of the Civil Service Law.

The 55-b/c guidelines have been revised from the prior versions to reflect the following:

• The increased threshold for the 55-b program from 1,200 positions to 1,700 positions.
• Inclusion of gender-neutral language.
• Removal of language that states the program is “not intended to be the primary avenue” of hiring individuals and veterans with disabilities. While there are other means of hiring individuals and veterans with disabilities, all available options should be encouraged and explored.
• Addition of language that “candidates with disabilities and veterans remain eligible for appointment to any competitive, non-competitive (positions not designated 55b/c), exempt, and labor class positions for which they are qualified.”
• Adoption of criteria that increases opportunities for program eligibility among individuals and veterans with disabilities including:
• Removal of language limiting the scope of the program to individuals with severe physical or mental disabilities to avoid preclusion of participation from some individuals that are identified as disabled under the Americans with Disabilities Act and/or the New York State Human Rights Law. Applicants are still required to meet all established criteria to be eligible for the program.
• Incorporating more inclusive criteria for eligibility which includes “physical or mental conditions which substantially limits one or more major life activities.”
• Removal of the specification that qualifying conditions “should generally be permanent” and adopting language that states “all DCS determinations are made on an individual basis upon review of the application.”
• For 55-c eligibility, proof of disability rating has been lowered from 20 percent or more to 10 percent or more.
• Changes that streamline the application and review process by removing unessential eligibility requirements, namely:
• Removal of the requirement that individuals and veterans with disabilities submit “a personal statement of disability.”
• Removal of the requirement that the applicant supply proof that they have had difficulty securing employment.
• Veterans with a disability rating of 10% or more from the VA, will not be required to complete the Physician’s Questionnaire, if they can supply a copy of their VA Entitlement Letter.
• Clarification that discharge papers (or equivalent) should show “periods and character of service, and [conforming] documentation from the U.S. Department of Veterans Affairs (VA) [formerly U.S. Veterans Administration].”
• Clarified language to read “A former military service member who does not qualify for eligibility in the 55-c Program based upon a lack of qualifying military service may continue to be considered for eligibility in the 55-b Program (see 55-b Program Guidelines).”
• Removal of requirements that 55-c candidates be wartime veterans.
• Clarification that although an active/current letter of eligibility is required to be appointed to a position via the 55-b/c program, active letters of eligibility will not be required when a 55-c candidate is being appointed through the reemployment system.

Please also note the following:

• Policy Bulletins 25-01 and 25-02 require that, prior to offering an appointment, agencies verify that a candidate’s eligibility remains active.
• A candidate’s 55-b/c Letter of Eligibility should be kept on file in the agency Human Resources office and not provided to hiring managers or interview panel members.

These changes will assist NYS individuals with disabilities with better access to NYS employment which, in turn, will ensure NYS a more inclusive workforce.

Please direct any questions related to these process changes in an email to the Office of Diversity and Inclusion Management at S-90@cs.ny.gov or contact your ODIM liaison for further discussion.

Policy Bulletin 25-01

Policy Bulletin 25-02

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