petitive examination is no test of fitness; for if a man has been proved unfit by one examination in the morning and fit by an examination in the afternoon, which examination can be said to have best tested his fitness for the position? It seems to me that in such a situation a returning soldier should be given but one examination, and that equivalent to the last examination held wherein he would be rated for experience, etc., on the basis of the full extent of his service. Yours very truly, CHARLES D. NEWTON, By J. S. Y. IVINS, Deputy. Civil Service Law, Article IV-State Employees' Retirement System Compensation of Judges of the Court of Appeals 66 The allowance of $3,700 per annum, paid by the State since 1898 to judges of the Court of Appeals in lieu of all expenses, is part of their compensation" within the meaning of that word as used in article IV of the Civil Service Law, and deductions from the salaries and annuities and pensions paid to such of those judges as join the State Employees' Retirement System should be computed on that basis. INQUIRY In computing deductions, annuities, and pensions, in the cases of judges of the Court of Appeals who join the State Employees' Retirement System, should the allowance of $3,700 per annum paid them by the State in lieu of all expenses be regarded as compensation?" OPINION The Court of Appeals passed on an exactly similar question in 1889, in a case where the judges had no possible interest in the determination, and held that an allowance paid by the State to justices of the Supreme Court "in lieu of and in full of all expenses now allowed by law," was a part of their compensation within the meaning of a constitutional provision (since repealed) continuing, under certain conditions, the compensation of justices after retirement on account of age. (People ex rel. Bockes v. Wemple, 115 N. Y. 302.) The opinion of the court, per Judge Gray, contains this language (p. 309): “This language is substitutional in its effect. It substitutes an annual grant of money to the incumbent in the place of an allowance for expenses. This, I think, was a clear grant of pay, or compensation, having no connection with the expenses incurred by a justice. As granted by this act, it became, naturally and plainly, as much a part of the compensation of the justice as though his salary, eo nomine, had been increased to compensate him further for what his office entailed upon him in the way of duties and work. Expenses or no expenses, he became entitled to the whole of the $1,200. In my belief, from all that we can divine from language and by reasoning from cause to effect, the intention of the Legislature was to make a permanent addition to the stated salary.” The allowance of $3,700 per annum to judges of the Court of Appeals was fixed by the deficiency appropriation bill of 1898 (chapter 606). An appropriation of the necessary moneys was made, and the act further provided: "And annually hereafter a like sum shall be allowed for the same purpose in addition to that now provided by law." None of the present members of the court were members in 1898, so there is no question of whether the payment to them of $3,700 in lieu of expenses constitutes an increase of compensation in violation of section 9 of article X of the Constitution. In my opinion, for the purposes of the Employees' Retirement System, both in making deductions from compensation of members and in computing annuities or pensions to members, the compensation of judges of the Court of Appeals should be regarded as $13,700. Dated December 20, 1920. CHARLES D. NEWTON, TO HON. EUGENE M. TRAVIS, State Comptroller, Albany, N. Y. INDEX PAGE Agricultural experiment station, Geneva, classification amended...... Agriculture, institute of Applied, on Long Island, Farmingdale: classification amended request for change in classification denied...... Amendments: to State Civil Service rules to State Civil Service classification to State Civil Service regulations... .95, 98 Appointments: during the year without examination, under rule VIII, sub. 5... under rule VIII, sub. 10 Architecture, department of, classification amended. 61 62 94 Attorney-General, opinions of, regarding Civil Service Law and rules.... 130 classification amended 92 Auburn prison, classification amended. 101 Batavia, school for the blind, classification amended... 95 Bath, soldiers' and sailors' home, classification amended... 103, 104 Bedford, reformatory for women, classification amended.. 102 Black River Regulating District, board of: classification amended request for change in classification denied. Boxing commission, classification amended Bridge and tunnel commission: classification amended request for change in classification denied.. Bronx county, request for change in classification denied: district attorney Bronx parkway commission, classification amended.. Broome county, Mountain Sanatorium, classification amended..... Chautauqua county: Newton Memorial Hospital: classification amended request for change in classification denied. [169] .92, 93 109 105 95 110 110 109 94 96 106 80 105 96 112 table showing number of positions in the unclassified and classified Columbia county sanatorium, classification amended. relating to classification of positions.. Competitive class: 100 51 82 appointments to, during year list of examinations in, during year... 55 37 47 competitive promotion examinations appointments during year without examination under rule VIII, sub. 5. appointments under rule VIII, sub. 10. transfers in, during year Competitive examinations. See Examinations. Comptroller, State: classification amended request for change in classification denied.. Conservation Commission: classification amended request for change in classification denied.. County service. See names of counties. Craig Colony, Sonyea, classification amended... Dannemora State Hospital, classification amended... Decisions of court, relating to civil service, digest of.. |