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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

See Policy Bulletin 21-01 - ELIGIBILITY FOR VETERANS' STATUS (Updated January 2021)

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