2006 New York Code - Suspension Or Demotion Upon The Abolition Or Reduction Of Positions.

 
    § 80. Suspension  or  demotion  upon  the  abolition  or  reduction of
  positions.  1.  Suspension  or  demotion.  Where,  because  of  economy,
  consolidation  or  abolition  of functions, curtailment of activities or
  otherwise, positions in the competitive class are abolished  or  reduced
  in  rank  or  salary  grade, suspension or demotion, as the case may be,
  among incumbents holding the same or similar positions shall be made  in
  the  inverse  order  of original appointment on a permanent basis in the
  classified service in the service of the  governmental  jurisdiction  in
  which  such  abolition  or reduction of positions occurs, subject to the
  provisions of subdivision seven of section eighty-five of this  chapter;
  provided,  however,  that  the  date of original appointment of any such
  incumbent who was transferred to  such  governmental  jurisdiction  from
  another  governmental  jurisdiction upon the transfer of functions shall
  be the date  of  original  appointment  on  a  permanent  basis  in  the
  classified  service in the service of the governmental jurisdiction from
  which such transfer was made. Notwithstanding  the  provisions  of  this
  subdivision,  however,  upon  the abolition or reduction of positions in
  the competitive class, incumbents holding the same or similar  positions
  who  have not completed their probationary service shall be suspended or
  demoted, as the case may be, before any permanent incumbents, and  among
  such probationary employees the order of suspension or demotion shall be
  determined as if such employees were permanent incumbents.
    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section, the members of a police or paid fire department in the city  of
  Buffalo  shall  be subject to the following procedure. Where, because of
  economy,  consolidation  or  abolition  of  functions,  curtailment   of
  activities   or  otherwise,  positions  in  the  competitive  class  are
  abolished or reduced in rank or salary grade, suspension or demotion, as
  the case may be, among incumbents holding the same or similar  positions
  shall  be  made  in  the  inverse  order  of  original  appointment on a
  permanent basis in the grade or title in the service of the governmental
  jurisdiction in which such abolition or reduction of  positions  occurs,
  subject to the provisions of subdivision seven of section eighty-five of
  this  chapter.    Notwithstanding  the  provisions  of this subdivision,
  however, upon the abolition or reduction of positions in the competitive
  class, incumbents holding the same or similar  positions  who  have  not
  completed  their  probationary service shall be suspended or demoted, as
  the case may  be,  before  any  permanent  incumbents,  and  among  such
  probationary  employees  the  order  of  suspension or demotion shall be
  determined as if such employees were permanent incumbents.
    1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section,  employees  of  secure  detention facilities in the city of New
  York and of the alternatives to secure detention facilities  program  in
  such  city  who  are  performing  functions  which  were  assumed by the
  department of social services of the city of New York on the  tenth  day
  of  November, nineteen hundred seventy-one and who, upon such assumption
  were transferred to said department, shall be subject to  the  following
  procedure.  Where,  because  of  economy,  consolidation or abolition of
  function, curtailment of  activities  or  otherwise,  positions  in  the
  competitive  class  are  abolished,  or reduced in rank or salary grade,
  suspension or demotion, as the case may be, among incumbents holding the
  same or similar positions shall be made in the inverse order of original
  appointment on a permanent  basis  in  the  classified  service  in  the
  service  of  the  governmental  jurisdiction  in which such abolition or
  reduction of positions occurs, subject to the provisions of  subdivision
  seven of section eighty-five of this chapter; provided, however, that if
  any  person  so  employed and so transferred was employed on a permanent
  basis in such a facility or such program prior to the thirtieth  day  of
  December, nineteen hundred sixty-seven, for purposes of this subdivision
  regarding  priority  of  retention and for no other purpose, the date of
  original appointment of any such person shall be deemed to be  the  date
  such  permanent  employment commenced prior to the said thirtieth day of
  December, nineteen hundred sixty-seven.
    1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section, sworn employees of the Monroe county sheriff's department shall
  be  subject  to  the  following  procedure.  Where,  because of economy,
  consolidation or abolition of function,  curtailment  of  activities  or
  otherwise,  positions in the competitive class are abolished, or reduced
  in rank or salary grade, suspension or demotion, as  the  case  may  be,
  among  incumbents holding the same or similar positions shall be made in
  the inverse order of original appointment on a permanent  basis  in  the
  grade  or title in the service of the governmental jurisdiction in which
  such  abolition  or  reduction  of  positions  occurs,  subject  to  the
  provisions  of subdivision seven of section eighty-five of this chapter;
  provided, however, that if any person so employed was employed  in  such
  person's current title prior to the first day of April, nineteen hundred
  ninety-three,  for  purposes  of  this subdivision regarding priority of
  retention and for no other purpose, the date of original appointment  of
  any such person shall be deemed to be the date such employment commenced
  prior to the said first day of April, nineteen hundred ninety-three.
    1-d.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section, the sworn members of the police force of the county  of  Nassau
  shall  be subject to the following procedure. Where, because of economy,
  consolidation or abolition of functions, curtailment  of  activities  or
  otherwise,  positions  in the competitive class are abolished or reduced
  in rank or salary grade, suspension or demotion, as  the  case  may  be,
  among  incumbents holding the same or similar positions shall be made in
  the inverse order of original appointment on a permanent  basis  in  the
  grade  or title in the service of the governmental jurisdiction in which
  such  abolition  or  reduction  of  positions  occurs,  subject  to  the
  provisions  of subdivision seven of section eighty-five of this chapter.
  Notwithstanding the provisions of this subdivision,  however,  upon  the
  abolition  or  reduction  of  positions,  those  employees  who have not
  completed their probationary service shall be suspended or  demoted,  as
  the  case  may  be,  before  any  permanent  incumbents,  and among such
  probationary employees the order of  suspension  or  demotion  shall  be
  determined as if such employees were permanent incumbents.
    2.  Continuous  service.  Except as otherwise provided herein, for the
  purposes of this section the original appointment of an incumbent  shall
  mean  the  date  of  his  first  appointment on a permanent basis in the
  classified service followed by  continuous  service  in  the  classified
  service  on  a  permanent  basis  up  to  the  time  of the abolition or
  reduction of the  competitive  class  positions.  An  employee  who  has
  resigned  and  who  has  been  reinstated  or reappointed in the service
  within one year thereafter shall, for the purposes of this  section,  be
  deemed  to  have continuous service. An employee who has been terminated
  because of a disability resulting from occupational injury or disease as
  defined in the workmen's compensation law and who has been reinstated or
  reappointed in the service thereafter shall be deemed to have continuous
  service. A period of employment on a temporary or provisional basis,  or
  in  the  unclassified  service,  immediately  preceded  and  followed by
  permanent service in the classified service,  shall  not  constitute  an
  interruption of continuous service for the purposes of this section; nor
  shall  a  period  of leave of absence without pay pursuant to law or the
  rules of the civil service commission having jurisdiction, or any period
  during which an employee is suspended from his position pursuant to this
  section, constitute  an  interruption  of  continuous  service  for  the
  purposes of this section.
    3.  Interrupted service. A state employee who has resigned and who has
  been reinstated or  reappointed  in  the  service  more  than  one  year
  thereafter  shall  be  credited with any previous state service rendered
  prior to his or her resignation to which  he  or  she  would  have  been
  entitled  for  the  purposes  of  this section but for such resignation;
  provided, however, that any time out  of  the  service  exceeding  three
  years shall be subtracted from the employee's previous state service. In
  such  instances, continuous service shall be deemed to have begun on the
  date which precedes the otherwise applicable date for  the  commencement
  of  continuous  service  by  the  period  of  actual  creditable service
  provided by this subdivision.
    4. Units for suspension or  demotion  in  civil  divisions.  Upon  the
  abolition  or reduction of positions in the service of a civil division,
  suspension or demotion shall be made from among  employees  holding  the
  same  or  similar  positions  in  the entire department or agency within
  which such abolition or reduction of positions occurs. In a city  having
  a  population  of  one  million  or  more,  the  municipal civil service
  commission may, by rule, designate as separate units for suspension  and
  demotion   under   the  provisions  of  this  section  any  hospital  or
  institution or any division  of  any  department  or  agency  under  its
  jurisdiction.  Upon  the  abolition  or  reduction  of positions in such
  service, suspension or demotion, as the case may be, shall be made  from
  among  employees holding the same or similar positions in the department
  wherein such abolition or  reduction  occurs,  except  that  where  such
  abolition  or  reduction  occurs  in  such  hospital  or  institution or
  division of a department designated as a separate unit for suspension or
  demotion, suspension or demotion shall be  made  from  among  incumbents
  holding the same or similar positions in such separate unit.
    4-a.  For  purposes of determining units for suspension or demotion in
  the city of Niagara Falls, the following three units shall be deemed  to
  constitute  departments  within  the meaning of subdivision three above:
  (i) members of the police department employed as auxiliary  policewomen,
  police  officers,  police  dispatchers  or  communications  technicians,
  police lieutenants, chief communications officer,  or  police  captains;
  (ii) members of the fire department employed as firefighters, fire alarm
  operators, fire captains, battalion fire chiefs or master mechanic-chief
  of  apparatus;  and  (iii)  all  other  employees of the city of Niagara
  Falls, in the competitive class.
    5. Units  for  suspension  or  demotion  in  the  state  service.  The
  president may, by regulation, designate as separate units for suspension
  or  demotion  under  the  provisions of this section any state hospital,
  institution or facility or any  division  of  any  state  department  or
  agency  or  specified hospitals, institutions and facilities of a single
  state department or  agency  within  a  particular  geographic  area  as
  determined  by  the  president.  Upon  the  abolition  or  reduction  of
  positions in the state service, suspension or demotion, as the case  may
  be,  shall  be  made  from  among  employees holding the same or similar
  positions in the department wherein such abolition or reduction  occurs,
  except  that where such abolition or reduction occurs in a separate unit
  for suspension or demotion designated by regulation  of  the  president,
  suspension  or  demotion shall be made from among incumbents holding the
  same or similar positions in such separate unit.
    6. Displacement  in  civil  divisions.  A  permanent  incumbent  of  a
  position  in  a  civil  division in a specific title to which there is a
  direct line of promotion who is suspended or displaced pursuant to  this
  section,  together with all other such incumbents suspended or displaced
  at the same time, shall displace, in the inverse order of the  order  of
  suspension  or  demotion  prescribed in subdivisions one and two of this
  section, incumbents serving in positions in the same lay-off unit in the
  next  lower  occupied  title  in  direct  line of promotion who shall be
  displaced  in  the  order  of  suspension  or  demotion  prescribed   in
  subdivisions  one  and  two  of this section; provided, however, that no
  incumbent shall displace any other incumbent  having  greater  retention
  standing.  If a permanent incumbent of a position in a civil division is
  suspended or displaced from a position in a title for which there are no
  lower level occupied positions in direct line  of  promotion,  he  shall
  displace  the  incumbent  with  the  least  retention  right pursuant to
  subdivisions one and two of this section who is serving in a position in
  the title in which the displacing incumbent last served on  a  permanent
  basis  prior to service in one or more positions in the title from which
  he is suspended or displaced, if: (1)  the  service  of  the  displacing
  incumbent  while  in  such  former  title  was  satisfactory and (2) the
  position of the junior incumbent is in (a) the  competitive  class,  (b)
  the  layoff  unit  from  which the displacing incumbent was suspended or
  displaced, and (c) a lower salary grade than the position from which the
  displacing incumbent is suspended or displaced; provided, however,  that
  no incumbent shall displace any other incumbent having greater retention
  standing.  Refusal  of  appointment  to  a  position  afforded  by  this
  subdivision constitutes waiver of rights  under  this  subdivision  with
  respect  to  the  suspension  or  displacement  on  account of which the
  refused appointment is afforded. The municipal civil service  commission
  shall  promulgate  rules  to  implement this subdivision including rules
  which may provide adjunctive opportunities for  displacement  either  to
  positions  in  direct  line  of promotion or to formerly held positions;
  provided, however, that no  such  rule  shall  permit  an  incumbent  to
  displace  any other incumbent having greater retention standing. For the
  purpose of acquiring preferred list  rights,  displacement  pursuant  to
  this subdivision is the equivalent of suspension or demotion pursuant to
  subdivision one of this section.
    7.  Displacement  in  the  state  service.  A permanent incumbent of a
  position in the state service in a specific title to which  there  is  a
  direct  line of promotion who is suspended or displaced pursuant to this
  section, together with all other such incumbents suspended or  displaced
  at  the  same time, shall displace, in the inverse order of the order of
  suspension or demotion prescribed in subdivisions one and  two  of  this
  section,  incumbents serving in positions in the same layoff unit in the
  next lower occupied title in direct  line  of  promotion  who  shall  be
  displaced   in  the  order  of  suspension  or  demotion  prescribed  in
  subdivisions one and two of this section;  provided,  however,  that  no
  incumbent  shall  displace  any other incumbent having greater retention
  standing. If a permanent incumbent of a position in the state service is
  suspended or displaced from a position in a title for which there are no
  lower level occupied positions in direct line  of  promotion,  he  shall
  displace  the  incumbent  with  the  least  retention  right pursuant to
  subdivisions one and two of this section who is serving in a position in
  the title in which the displacing incumbent last served on  a  permanent
  basis  prior to service in one or more positions in the title from which
  he is suspended or displaced, if: (1)  the  service  of  the  displacing
  incumbent  while  in  such  former  title  was  satisfactory and (2) the
  position of the junior incumbent is in (a) the  competitive  class,  (b)
  the  layoff  unit  from  which the displacing incumbent was suspended or
  displaced, and (c) a lower salary grade than the position from which the
  displacing incumbent is suspended or displaced; provided, however,  that
  no incumbent shall displace any other incumbent having greater retention
  standing.  Refusal  of  appointment  to  a  position  afforded  by  this
  subdivision constitutes waiver of rights  under  this  subdivision  with
  respect  to  the  suspension  or  displacement  on  account of which the
  refused  appointment  is  afforded.  The  state civil service commission
  shall promulgate rules to implement  this  subdivision  including  rules
  which  may  provide  adjunctive opportunities for displacement either to
  positions in direct line of promotion or  to  formerly  held  positions;
  provided,  however,  that  no  such  rule  shall  permit an incumbent to
  displace any other incumbent having greater retention standing. For  the
  purpose  of  acquiring  preferred  list rights, displacement pursuant to
  this subdivision is the equivalent of suspension or demotion pursuant to
  subdivision one of this section.
    7-a. Certain suspensions in cities of one million or more for  reasons
  of  economy.  (a) Notwithstanding the provisions of any other general or
  local law, administrative code or ordinance to the contrary,  in  cities
  having  a  population of one million or more, any of the uniformed force
  of the department of sanitation of such city who  was  suspended  on  or
  after  July  first, nineteen hundred ninety, because of economy measures
  taken by such city and who returns to such service, shall be  deemed  to
  have  been  in  continuous  service in determining length of service for
  retirement purposes if the duration of such suspension  did  not  exceed
  thirty-three  months; provided, however, that for retirement purposes, a
  member receiving such service credit shall pay, by deductions  from  his
  or  her  compensation  for each and every payroll period, subject to the
  member contributions prescribed by subparagraph two of paragraph (b)  of
  this subdivision.
    (b)  (1) Pursuant to such method of payment, such member shall pay, as
  additional member contributions  payable  besides  the  ordinary  member
  contributions due for his current service:
    (A)  the  ordinary member contributions which would have been done for
  such period of suspension if he or she  had  actually  been  in  service
  during such period; and
    (B)  (if  such  member  has elected the twenty-year retirement program
  provided for by section six hundred four-a of the retirement and  social
  security  law),  the additional member contributions which he would have
  been required to make under the  provisions  of  that  section  for  the
  period from the starting date of such program to the date next preceding
  the  date  on  which such member became a participant in such retirement
  program, if he had become such a participant on such starting date; and
    (C) additional member contributions of two per centum of  his  or  her
  compensation for the period beginning with the first full payroll period
  which  includes  the date of enactment of this subdivision and ending on
  the earlier of his or her date of retirement or his or her completion of
  thirty years of service.
    (2) The deduction for the additional contribution referred to in items
  (A) and (B) of subparagraph one of  this  paragraph  shall  be  made  in
  accordance  with such equitable method and over such equitable period of
  time as shall be prescribed by the executive director  of  the  affected
  retirement system with the approval of its board of trustees.
    (3)  The  additional  member  contributions referred to in item (A) of
  subparagraph one of this paragraph shall be  paid  into  the  retirement
  system's  member  contributions  accumulation  fund which is required to
  receive the ordinary member contributions of such member. The additional
  member contributions referred to in item (B) of such subparagraph  shall
  be  paid  into the contingent reserve fund of such retirement system and
  shall be subject to the provisions of such section six hundred four-a of
  the retirement and  social  security  law  governing  additional  member
  contributions.  The  additional member contributions referred to in item
  (C) of such subparagraph shall be paid into the contingent reserve  fund
  of  such  retirement  system  and shall not be subject to any retirement
  system right or privilege of such member, unless such right or privilege
  is  granted  by  other  provisions  of  law  which specifically refer to
  additional member contributions made pursuant to this subdivision.
    (4) At  any  time  prior  to  completion  of  the  deduction  for  the
  additional   contributions   referred   to  in  items  (A)  and  (B)  of
  subparagraph one of this paragraph, payment  of  the  remainder  of  the
  total  of  such  additional  contribution due may be made in a lump sum,
  provided further that such member shall pay into the contingent  reserve
  fund of the retirement system two percent of his or her earnings in each
  year  until  the  earlier of his or her date of retirement or his or her
  completion of thirty years of  service.  In  addition,  if  such  member
  elected to be covered by the provisions of section six hundred four-a of
  the  retirement  and  social security law, he or she shall also pay into
  such contingent reserve fund the  contributions  that  would  have  been
  required  had  he  or  she  made such election as of the starting of the
  twenty-year retirement program.
    7-b. Certain suspensions in cities of one million or more for  reasons
  of  economy.  (a) Notwithstanding the provisions of any other general or
  local law, administrative code or ordinance to the contrary,  in  cities
  having  a population of one million or more, any member of the uniformed
  force of the department of correction of such city who was suspended  on
  or  after  May  first,  two  thousand three, because of economy measures
  taken by such city and who returns to such service prior to July  first,
  two thousand four, shall be deemed to have been in continuous service in
  determining length of service for retirement purposes if the duration of
  such  suspension did not exceed thirteen months; provided, however, that
  for retirement purposes, a member receiving such  service  credit  shall
  pay,  by  deductions from his or her compensation, subject to the method
  prescribed by subparagraph two of paragraph (b) of this subdivision.
    (b)(1) Pursuant to such method of payment, such member shall  pay,  as
  additional  member  contributions  payable  besides  the ordinary member
  contributions due for his or her current service:
    (A) the ordinary member contributions which would have been  paid  for
  such  period  of  suspension  if  he or she had actually been in service
  during such period; and
    (B) if such member is covered by the  twenty-year  retirement  program
  provided for by section five hundred four-a of the retirement and social
  security  law, the additional member contributions which he or she would
  have been required to make under the provisions of that section for such
  period of suspension if he or she had actually been  in  service  during
  such period.
    (2)  The  deduction  for  the  additional contributions referred to in
  clauses (A) and (B) of subparagraph one of this paragraph shall be  paid
  in  accordance with such equitable method and over such equitable period
  of time as shall be prescribed by the executive director of the affected
  retirement system with the approval of its board of trustees.
    (3) The additional member contributions referred to in clause  (A)  of
  subparagraph  one  of  this  paragraph shall be paid into the retirement
  system's member contributions accumulation fund  which  is  required  to
  receive the ordinary member contributions of such member. The additional
  member  contributions  referred  to  in  clause (B) of such subparagraph
  shall be paid into the contingent reserve fund of such retirement system
  and shall be subject to the provisions  of  such  section  five  hundred
  four-a  of  the  retirement and social security law governing additional
  member contributions.
    (4) At  any  time  prior  to  completion  of  the  deduction  for  the
  additional   contributions  referred  to  in  clauses  (A)  and  (B)  of
  subparagraph one of this paragraph, payment  of  the  remainder  of  the
  total of such additional contributions due may be made in a lump sum. In
  addition,  if  such  member is covered by the provisions of section five
  hundred four-a of the retirement and social  security  law,  he  or  she
  shall also pay into the contingent reserve fund of the retirement system
  the contributions required to be made pursuant to such section.
    8. Certain suspensions in cities of one million or more for reasons of
  economy.  Notwithstanding  the  provisions of any other general or local
  law, administrative code or ordinance, in cities having a population  of
  one   million   or  more,  any  member  employed  in  the  uniformed  or
  non-uniformed services of such city who was suspended on or  after  July
  first,  nineteen hundred seventy-five, because of economy measures taken
  by such city, and who returns to such service, shall be deemed  to  have
  been  in  continuous  service  in  determining  seniority  and length of
  service  regardless  of  the  duration  of  such  suspension;  provided,
  however,  that  for retirement purposes, a member receiving such service
  credit shall pay into the annuity savings fund of the retirement  system
  the amount of the employee contributions required to have been paid into
  the  retirement  system  for  such  service,  within one year after this
  subdivision  shall  have  taken  effect.  For  the  purposes   of   this
  subdivision  "uniformed  services"  shall mean and include any uniformed
  force or service the members of which are paid in whole or part by  such
  city.
    9.  Certain  suspensions  or  demotions  in the city of Niagara Falls.
  Notwithstanding the provisions of subdivision one of this  section,  the
  members  of a paid fire department in the city of Niagara Falls shall be
  subject  to  the  following  procedure.  Where,  because   of   economy,
  consolidation  or  abolition  of functions, curtailment of activities or
  otherwise, positions in the competitive class are abolished  or  reduced
  in  rank  or  salary  grade, suspension or demotion, as the case may be,
  among incumbents holding the same or similar positions shall be made  in
  the  inverse  order  of original appointment on a permanent basis in the
  grade or title in the service of the governmental jurisdiction in  which
  such  abolition  or  reduction  of  positions  occurs,  subject  to  the
  provisions of subdivision seven of section eighty-five of this  chapter.
  Notwithstanding  the  provisions  of this subdivision, however, upon the
  abolition or reduction of positions in the competitive class, incumbents
  holding the same or similar  positions  who  have  not  completed  their
  probationary  service shall be suspended or demoted, as the case may be,
  before any permanent incumbents, and among such  probationary  employees
  the  order  of  suspension  or  demotion  shall be determined as if such
  employees were permanent incumbents.