N.Y. Comp. Codes R. & Regs. tit. 9 § 481.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 481.1 - Reappointment to member positions after resignation

(a) A member who has resigned from his position may, in the discretion of the superintendent, be reinstated without examination, within one year from the date of such resignation in the position from which he resigned, if then vacant, or in any vacant position to which he was, at the time of resignation, eligible for reassignment.

(b) In computing the one-year period within which a person may be reinstated after resignation, the day the resignation takes effect and any time spent in active service in the military or naval forces of the United States shall not be counted.

(c) In an exceptional case, the superintendent may, in his discretion, for good cause shown and where the interests of the government would be best served, waive the provisions of this section to permit the reinstatement of a person to his former position more than one year but not more than three years after resignation.

(d) For the purpose of this section, where a member on leave of absence resigns, such resignation shall be deemed effective as of the date of the commencement of such leave.

(e) A former member who is reappointed may be reappointed to:

(1) the salary step in which he was serving on the date his resignation became effective; or

(2) the salary step to which he would have been entitled had his service been continuous and without interruption.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 481.1