§ 85. Additional credit allowed veterans in competitive examinations;\npreference in retention upon abolition of positions. 1. Definitions.\n(a) The terms "veteran" and "non-disabled veteran" mean a member of the\narmed forces of the United States who was honorably discharged or\nreleased under honorable circumstances from such service including (i)\nhaving a qualifying condition as defined in section one of the veterans'\nservices law, and receiving a discharge other than bad conduct or\ndishonorable from such service, or (ii) being a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and receiving a\ndischarge other than bad conduct or dishonorable from such service, who\nis a citizen of the United States or a noncitizen lawfully admitted for\npermanent residence in the United States and who is a resident of the\nstate of New York at the time of application for appointment or\npromotion or at the time of retention, as the case may be.\n (b) The term "disabled veteran" means a veteran who is certified by\nthe United States veterans' administration or a military department as\nentitled to receive disability payments upon the certification of such\nveterans' administration or a military department for a disability\nincurred by him or her in the course of his or her service and in\nexistence at the time of application for appointment or promotion or at\nthe time of retention, as the case may be. Such disability shall be\ndeemed to be in existence at the time of application for appointment or\npromotion or at the time of retention, as the case may be, if the\ncertificate of such veterans' administration shall state affirmatively\nthat such veteran has been examined by a medical officer of such\nveterans' administration on a date within one year of either the date of\nfiling application for competitive examination for original appointment\nor promotion or the date of the establishment of the resulting eligible\nlist or within one year of the time of retention, as the case may be;\nthat at the time of such examination the disability described in such\ncertificate was found to exist; and that such disability is rated at ten\nper centum or more. Such disability shall also be deemed to be in\nexistence at such time if the certificate of such veterans'\nadministration shall state affirmatively that a permanent stabilized\ncondition of disability exists to an extent of ten per centum or more,\nnotwithstanding the fact that such veteran has not been examined by a\nmedical officer of such veterans' administration within one year of\neither the time of application for appointment or promotion or the date\nof filing application for competitive examination for original\nappointment or promotion, or within one year of the time of retention,\nas the case may be.\n (c) The term "time of application for original appointment or\npromotion" shall mean the date of the establishment of an eligible list\nresulting from a competitive examination for original appointment or\npromotion, as the case may be, which date shall be the date on which the\nterm of such eligible list commences.\n (d) The term "time of retention" shall mean the time of abolition or\nelimination of positions.\n 2. Additional credits in competitive examinations for original\nappointment or promotion.\n (a) On all eligible lists resulting from competitive examinations, the\nnames of eligibles shall be entered in the order of their respective\nfinal earned ratings on examination, with the name of the eligible with\nthe highest final earned rating at the head of such list, provided,\nhowever, that for the purpose of determining final earned ratings,\n (1) Disabled veterans shall be entitled to receive ten points\nadditional in a competitive examination for original appointment and\nfive points additional credit in a competitive examination for\npromotion, and\n (2) Non-disabled veterans shall be entitled to receive five points\nadditional credit
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