Section 243-b(1)
Any member of the armed forces who properly filed, within the announced filing period, an application for a competitive
examination, but was unable to participate in the examination due to active military service, must be provided with a
special make-up examination. This applies to candidates covered by Section 242 or 243 of the Military Law, as well as
any other applicant who, due to active military service, was prevented from participating in a competitive examination
for which he/she timely filed an application.
Section 243-b(2)
Any member of the armed forces, who, because of active military duty other than for training purposes, missed the
application filing period for an examination and as a result is deprived of the opportunity to compete in an examination,
shall be given a special military make-up exam. The make-up examination is to be administered under the terms and
conditions set by the State Department of Civil Service or municipal civil service agency.
Section 243-b(3)
Any member of the armed forces, who, because of active military duty other than for training purposes, missed the
application deadline for a scheduled examination and who returns from such duty prior to the administration of such
examination shall be granted a waiver of the application requirement and be allowed to compete in the examination. A
candidate who failed to file a timely application due to military duty is not necessarily entitled to be tested on a walk-
in basis. Even if the candidate is available on the scheduled test date, he or she may be required to compete according
to alternate test date procedures.
Section 243-c
This section covers individuals serving on active duty in the armed forces during the filing period for a civil service
examination, or individuals who have been discharged with other than a dishonorable discharge after the filing period
has commenced. Such individuals must be permitted to file an application for examination no later than 10 business
days before the scheduled examination date, or the last date to file, whichever is later. If qualified, the individual must
be provided an opportunity to compete in the examination under terms and conditions deemed appropriate by the state
or municipal civil service agency.
Section 243(5)
This section differs from Section 243-b in that it applies only to current public employees who return to a position after
termination of military duty.
Section 243(7-b)
This section differs from Section 243-b, as it applies to any person who has passed one or more parts of an examination
but has been prevented from completing the remaining parts of the examination because of military duty. A request to
complete the examination must be made within 90 days of the termination of military duty, and the candidate shall be
given the opportunity to take a comparable examination. Under Section 243 (7-b), the eligible list resulting from the
original examination holding need not be in existence. If the candidate passes such examination, his/her name may be
placed on a special eligible list, as discussed in the next section.
