A4725

An Act concerning civil service preference for certain veterans and supplementing chapter 5 of Title 11A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Individuals who do not meet the definition of disabled veteran pursuant to subsection a. of N.J.S.11A:5-1, but do meet the definition of disabled veteran in federal law pursuant to 5 U.S.C. s.2108, as may be amended and supplemented, and receive a passing score on an open competitive examination shall be placed on an employment list in order of their respective scores immediately after veterans who do meet the definition of veteran pursuant to subsection b. of N.J.S.11A:5-1.

b. Individuals who do not meet the definition of veteran pursuant to subsection b. of N.J.S.11A:5-1 but do meet the definition of veteran in federal law pursuant to 5 U.S.C. s.2108, as may be amended and supplemented, and receive a passing score on an open competitive examination shall be placed on an employment list in order of their respective scores immediately after disabled veterans who meet the definition of veteran pursuant to subsection a. of this section.

c. Individuals who do not meet the definition of veteran pursuant to subsection b. of this section, but who were separated from the Armed Forces of the United States, or a Reserve component thereof, under honorable conditions following at least 14 days of federal active duty deployment and receive a passing score on an open competitive examination shall be placed on an employment list in order of their respective scores immediately after veterans who meet the definition of veteran pursuant to subsection b. of this section.

d. Individuals who do not meet the definition of veteran pursuant to subsection c. of this section, but who were separated from the Armed Forces of the United States, or a Reserve component thereof, under honorable conditions and receive a passing score on an open competitive examination shall be placed on an employment list in order of their respective scores, and in the following order by years of service. Those with 10 or more years of service shall be placed before those with five or more years but not more than 10 years of service, who shall be placed before those with two or more years of service but no more than five years of service, who shall be placed before those with less than two years of service.

e. The Adjutant General of the Department of Military and Veterans' Affairs shall be responsible for determining whether an individual seeking to be considered a disabled veteran or a veteran under this section for the purpose of receiving civil service preference, meets the requirement set forth here and adjudicating an appeal from an individual disputing this determination. The determination of the Adjutant General shall apply only prospectively from the date of initial determination or date of determination from an appeal, as appropriate, and shall be binding upon the commission.

2. This act shall take effect six months from the date of enactment or six months after approval of an amendment to the State Constitution and shall apply to examinations taken after that date, except the Civil Service Commission and the Department of Military and Veterans’ Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act. This act shall be effective only if an amendment to the State Constitution is approved by the voters to permit such veterans to receive the benefit provided in this act.

STATEMENT

This bill expands eligibility for veterans’ civil service preference benefits. Under current law, to receive veterans’ civil service preference, a person must serve during certain wars or conflicts, in certain locations and within a certain timeframe. Under federal law, to receive veterans’ civil service preference, a person must also serve during certain wars or conflicts, in certain locations, and within a certain timeframe. At times, the State and federal law requirements do not match up, leaving persons qualified as a veteran under one law but not the other.

This bill expands eligibility to those that served but for various reasons do not meet the New Jersey requirements, including those who meet the federal requirements, those that served on federal active duty but did not serve during a specific war or conflict, and those that were not deployed on federal active duty but did serve in the Armed Forces or a Reserve component thereof.

The bill creates a tiered system. Under the bill, an individual that meets the eligibility requirements under State law will continue to be listed first, tier 1, disabled veterans followed by veterans. Immediately following is tier 2, veterans that meet the federal definition of disabled veteran and veteran. Tier 3 is those that do not qualify for the first two tiers but were deployed and served at least 14 days. Tier 4 includes those that were not deployed but served in the Armed Forces of the United States or a Reserve component. Tier 4 has its own tier system, veterans in this group will be listed on an employment list in the order of their respective scores based upon their years of service. Those with 10 or more years of service shall be placed before those with five or more years but not more than 10 years of service, who shall be placed before those with two or more years of service but no more than five years of service, who shall be placed before those with less than two years of service.

The Adjutant General of the Department of Military and Veterans' Affairs will be responsible for determining whether any person seeking to be considered a veteran or a disabled veteran under this bill meets the requirement and will adjudicate an appeal from any person disputing this determination.

These changes do not supersede current law concerning civil service preference provided to disabled veterans and veterans.

This new benefit would apply only if an amendment to the State constitution is approved by the voters to permit such veterans to receive the benefit.