Provides that the maximum age requirement of 35 years for police officers to take a competitive examination shall not apply to any police officer of any county, city, town or village police force not otherwise provided for in this section if such officer is a part-time police officer in a non-competitive position and is vested in the New York state and local police and fire retirement system.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8564
SPONSOR: Levenberg TITLE OF BILL:
An act to amend the civil service law, in relation to the appointment of
certain police officers
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to expand the maximum age requirement
for police officers who are currently part-time, non-competitive.
SUMMARY OF PROVISIONS:
Section 1. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision
1 of section 58 of the Civil Service Law are amended and a new subpara-
graph (iv) is added and reads as follows: such maximum age requirement
of 35 years shall not apply to any police officer of any county, city,
town or village police force not otherwise provided for in this section
if such officer is a part-time police officer in a non-competitive posi-
tion and is vested in the New York State and Local Police and Fire
Retirement Systein.
Section 2. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable at this time.
JUSTIFICATION:
This legislation allows experienced part-time non-competitive police
officers (PTNCPO) who are vested in the NYS Police Pension Fund to auto-
matically change their classification to full-time competitive.
Vested PTNCPO have graduated from the New York State Police Academy and
have the same authority, power and experience as full-time competitive
officers. The difference is that they did not go through the civil
service system. It would make the most sense for those officers to just
take the test at the time they want to apply for a full-time position,
however the problem is that if the PTNCPO were above the current maximum
age, they would not be eligible to apply for that position because they
no-longer meet the age requirement.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8564
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. LEVENBERG -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the appointment of
certain police officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
2 sion 1 of section 58 of the civil service law, as amended by section 4
3 of part C of chapter 55 of the laws of 2025, are amended and a new
4 subparagraph (iv) is added to read as follows:
5 (ii) such maximum age requirement of forty-three years shall not apply
6 to any police officer as defined in subdivision thirty-four of section
7 1.20 of the criminal procedure law, who was continuously employed by the
8 Buffalo municipal housing authority between January first, two thousand
9 five and June thirtieth, two thousand five and who takes the next writ-
10 ten exam offered after the effective date of this subparagraph by the
11 city of Buffalo civil service commission for employment as a police
12 officer in the city of Buffalo police department, or June thirtieth, two
13 thousand six, whichever is later; [and]
14 (iii) such maximum age requirement of forty-three years shall not
15 apply to any police officer of any county, town, city or village police
16 force not otherwise provided for in this section if the eligible list
17 has been exhausted and there are no other eligible candidates; provided,
18 however, the police officer themselves are on the eligible list of such
19 county, town, city or village and meet all other requirements of merit
20 and fitness set forth by this chapter and do not exceed the maximum age
21 of forty-three; and
22 (iv) such maximum age requirement of forty-three years shall not apply
23 to any police officer of any county, city, town or village police force
24 not otherwise provided for in this section if such officer is a part-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10805-02-5
A. 8564 2
1 time police officer in a non-competitive position and is vested in the
2 New York state and local police and fire retirement system;
3 § 2. This act shall take effect on the same date and in the same
4 manner as section 4 of part C of chapter 55 of the laws of 2025, takes
5 effect.
