TO: Department and Agency Personnel and Affirmative Action Officers

FROM: James W. Sever, Director of Staffing Services

SUBJECT: Repeal of Subdivision (f) of Part 4 of the Rules for the Classified Service
(4 NYCRR)

Effective September 2, 1992, subdivision (f) of Rule 4.11 (Permanent appointments to encumbered positions) was repealed. That paragraph read:

Appointees pursuant to this section who voluntarily terminate during their probationary periods and return to their prior positions shall not be deemed to have served pursuant to this section.

Unlike permanent probationers appointed under other sections of the law or rules, contingent permanent probationers (permanent probationers appointed to encumbered positions) who voluntarily relinquished their appointments lost any rights or benefits of their contingent permanent service, including eligibility for reinstatement under Rule 5.4. Repeal of paragraph (f) of Rule 4.11 removes this disparity.

Note: State Personnel Management Manual section 1830(A), subsection .225 is no longer valid: a copy of replacement pages 1 & 2 of that section is enclosed. [Note: not enclosed here]

Note also: This advisory memorandum should be filed in both sections 1800 and 2000 in your SPMM.

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