Pennsylvania Code
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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

6 Pa. Code § 5.4. Preference in filling civil service positions.

§ 5.4. Preference in filling civil service positions.

 With reference to positions subject to Articles V—VII of the Civil Service Act (71 P. S. § §  741.501—741.708) and 51 Pa.C.S. § §  7101—7109 (relating to veteran’s preference), the following apply:

   (1)  Available qualified persons 60 years of age or older are identified on Certifications of Eligibles issued by the State Civil Service Commission for use by appointing authorities.

   (2)  In order to receive preference, a person identified as being age 60 or older shall be placed among the three highest ranking, available eligibles in accordance with the rule of three.

   (3)  The preference to be granted to persons 60 years of age or older shall be equivalent to the preference granted to veterans of any age, with the exception that, in the case of age preference, the rule of three may not be eliminated at the discretion of the appointing authority as it may be for veterans. The Civil Service Commission has provided the following example to illustrate this equivalent preference:

CandidateAgeStatus
A60 or overNonVet
B60 or overVet
Cunder 60 Vet

   In this example, candidates A, B and C are the top three eligibles available for appointment to a position with either the Department or an area agency on aging. Three candidates would be eligible for a preference of equal weight; the appointing authority would give equal consideration to all three individuals and could validly appoint any of the three; no additional preference would be available to individuals eligible for both types of preferences; no individual, either less than 60 or nonveteran would have a preference; the age preference would be nontransferable.

Cross References

   This section cited in 6 Pa. Code §  5.11 (relating to relevance of affirmative action plans to civil service positions).


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