80 - 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 ofDecember, 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 thissection, 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 displacedat 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 retentionstanding. 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. 7-c. 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 employee in the title of carpenter or supervisory carpenter of such city who was suspended on or after June first, nineteen hundred ninety-one because of economy measures taken by such city and who returns to such service prior to July first, nineteen hundred ninety-three, 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 twenty-five 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 the ordinary member contributions due for his or her current service which would have been paid 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 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 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. (4) At any time prior to completion of the deduction for the additional contributions referred to in subparagraph one of this paragraph, payment of the remainder of the total of such additional contributions due may be made in a lump sum. 7-d. 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 employee of the department of parks of such city who had been employed as a climber and pruner who was suspended on or after July first, nineteen hundred ninety-one, because of economy measures taken by such city and who returned to such service prior to July first, nineteen hundred ninety-five, 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 twenty-five 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 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 optional twenty-five year early retirement program for certain New York city members provided by section six hundred four-c of the retirement and social security law, as added by chapter ninety-six of the laws of nineteen hundred ninety-five, 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 contribution referred to in items (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 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 section six hundred four-c of the retirement and social security law, as added by chapter ninety-six of the laws of nineteen hundred ninety-five, governing additional member contributions. (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. In addition, if such member is covered by the provisions of section six hundred four-c of the retirement and social security law, as added by chapter ninety-six of the laws of nineteen hundred ninety-five, he or she shall also pay into such contingent reserve fund the contributions required to be made pursuant to this 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.