§ 81. Preferred lists; certification and reinstatement therefrom. 1.\nEstablishment of preferred lists; general provisions. The head of any\ndepartment, office or institution in which an employee is suspended or\ndemoted in accordance with the provisions of section eighty of this\ntitle shall, upon such suspension or demotion, furnish the state civil\nservice department or appropriate municipal commission, as the case may\nbe, a statement showing his name, title or position, date of\nappointment, and the date of and reason for suspension or demotion. It\nshall be the duty of such civil service department or commission, as the\ncase may be, forthwith to place the name of such employee upon a\npreferred list, together with others who may have been suspended or\ndemoted from the same or similar positions in the same jurisdictional\nclass, and to certify such list, as hereinafter provided, for filling\nvacancies in the same jurisdictional class; first, in the same or\nsimilar position; second, in any position in a lower grade in line of\npromotion; and third, in any comparable position. Such preferred list\nshall be certified for filling a vacancy in any such position before\ncertification is made from any other list, including a promotion\neligible list, notwithstanding the fact that none of the persons on such\npreferred list was suspended from or demoted in the department or\nsuspension and demotion unit in which such vacancy exists. No other name\nshall be certified from any other list for any such position until such\npreferred list is exhausted. The eligibility for reinstatement of a\nperson whose name appears on any such preferred list shall not continue\nfor a period longer than four years from the date of separation or\ndemotion. An employee whose name was placed on the preferred list and at\nthe time of such placement was on active duty with the armed forces of\nthe United States, as pursuant to title ten, fourteen or thirty-two of\nthe United States code, shall not be eligible for employment\nreinstatement for a period longer than four years after the date of\ntermination of military duty.\n 2. Order of certification of names from preferred lists. Except as\nhereinafter provided, the names of persons on a preferred list shall be\ncertified therefrom for reinstatement to a vacancy in an appropriate\nposition in the order of their original appointments.\n (a) Upon the occurrence of a vacancy in an appropriate position in the\nservice of a civil division, except in a city having a population of one\nmillion or more, the names of persons on the preferred list shall be\ncertified to fill such vacancy in the following order: (1) persons\nsuspended from or demoted in the department or agency within which such\nvacancy occurs; and (2) persons suspended from or demoted in other\ndepartments and agencies in such civil division.\n (b) Upon the occurrence of a vacancy in an appropriate position in the\nstate service, or in the service of a city having a population of one\nmillion or more, the names of persons on the preferred list shall be\ncertified to fill such vacancy in the following order: (1) persons\nsuspended from or demoted in the department in which such vacancy\nexists, except that where such vacancy exists in a separate suspension\nand demotion unit, the names of persons suspended from or demoted in\nsuch unit, and not those suspended from or demoted in the entire\ndepartment, shall be certified first; and (2) all other persons on such\npreferred list.\n 3. Eligibility and order of certification for reinstatement of persons\nsuspended from or demoted in the service of a county in a city wholly\nincluding within its limits two or more counties. Any person suspended\nor demoted from a position in the service of a county in a city wholly\nincluding within its limits two or more counties, where the compensation\nof such position is paid directly from the treasury of such city, shall\nbe eligible for certification and
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