Transfer Eligibility

The following is intended as a guideline to help you decide if you meet the qualifications for posted job opportunities. The final determination on whether or not a transfer will be allowed is the responsibility of Human Resources, and requires the approval of the Department of Civil Service.

Transfers are considered to be any movement to a different title within two salary grades without examination (except for certain 70.4 transfers, which are described below). If you believe you meet the criteria for transfer to a posted vacancy, you should note that on your application.

There are three transfer mechanisms allowed under Civil Service Law and these are referred to by the section of the law in which they are specified.

The three types of transfer are:

• 52.6,
• 70.1 and
• 70.4.

All transfers require that you must:

1. have permanent status in a NYS government position within two salary grades or one “M” grade of the title to be filled; and
2. possess any special credentials that may be required for the title to which you are transferring (such as admission to the New York State Bar, typing skills, etc.). Specific transfer requirements are listed below. Mandatory reemployment lists may prohibit some transfers.

Section 52.6

Section 52.6 allows for transfers of permanent employees between titles that the Civil Service Department has identified as “administrative.” Criteria for these transfers are:

1. both your position title and the title being filled must be identified as “administrative.” under Section 52.6 of the Civil Service Law;
2. you must have at least one year of permanent service in an administrative title within two salary grades or one “M” grade of the position to be filled;
3. consecutive transfers may not result in more than a two salary grade or one “M” grade advancement; and
4. all “M” graded positions are designated as 52.6 transferable.

Section 70.1

Section 70.1 allows employees to transfer between certain titles that have similar duties and qualifications. Civil Service makes the determination that service in certain titles qualifies you for appointment to other titles. Criteria for a 70.1 transfer are:

1. Civil Service must approve the transferability of candidates between the two titles;
2. you must have at least one year of permanent service in an appropriate title as determined by Civil Service; and
3. consecutive transfers may not result in more than a two salary grade or one “M” grade advancement

Section 70.4

Section 70.4 allows for transfers of permanent employees to other titles under special circumstances. These transfers are approved/disapproved by Civil Service on an individual basis. The criteria are:

1. you must have at least one year of permanent service in a title within two salary grades or one “M” grade of the position to be filled;
2. appointment from an open-competitive eligible list would be in order and a promotion list cannot exist for the title (a transition list will not block a 70.4 transfer);
3. you must meet the open-competitive minimum qualifications for the title and not have failed the last examination held for the title; and
4. you must have passed an examination that is appropriate for the title; Human Resources can sometimes accomplish this by making arrangements for a special holding of the examination.