N.Y. Veterans' Services Law § 21: Creation of annuity

§ 21. Creation of annuity. 1. Payment to veterans. a. Any veteran as

defined in this article who has been or is hereafter classified by the

New York State commission for the visually handicapped as a blind person

as defined in section three of chapter four hundred fifteen of the laws

of nineteen hundred thirteen, as amended, and continues to be a blind

person within the meaning of that section, shall, upon application to

the commissioner of the department of veterans' services, be paid out of

the treasury of the state for such term as such veteran shall be

entitled thereto under the provisions of this article, the sum of one

thousand dollars annually, plus any applicable annual adjustment, as

provided in this section.

b. The entitlement of any veteran to receive the annuity herein

provided shall terminate upon his or her ceasing to continue to be a

resident of and domiciled in the state, but such entitlement may be

reinstated upon application to the commissioner of veterans' services,

if such veteran shall thereafter resume his or her residence and

domicile in the state.

c. The effective date of an award of the annuity to a veteran shall be

the date of receipt of the application therefor by the commissioner of

veterans' services, except that if the application is denied but is

granted at a later date upon an application for reconsideration based

upon new evidence, the effective date of the award of the annuity to a

veteran shall be the date of receipt of the application for

reconsideration by the commissioner of veterans' services.

2. Payment to widows and widowers of blind veterans. a. The

unremarried spouse of a veteran who heretofore has died or the

unremarried spouse of a veteran dying hereafter, such veteran being at

the time of her or his death a recipient of, or eligible for, the

benefits above provided, shall, upon application to the commissioner of

veterans' services, also be paid out of the treasury of the state the

sum of one thousand dollars annually, plus any applicable annual

adjustment, for such term as such unremarried spouse shall be entitled

thereto under the provisions of this article.

b. The entitlement of any widow or widower to receive the annuity

herein provided shall terminate upon her or his death or re-marriage or

upon her or his ceasing to continue to be a resident of and domiciled in

the state of New York, but such entitlement may be reinstated upon

application to the commissioner of veterans' services, if such widow or

widower shall thereafter resume her or his residence and domicile in the

state.

c. The effective date of an award of the annuity to a widow or widower

shall be the day after the date of death of the veteran if the

application therefor is received within one year from such date of

death. If the application is received after the expiration of the first

year following the date of the death of the veteran, the effective date

of an award of the annuity to a widow or widower shall be the date of

receipt of the application by the commissioner of veterans' services. If

an application is denied but is granted at a later date upon an

application for reconsideration based upon new evidence, the effective

date of the award of the annuity to a widow or widower shall be the date

of receipt of the application for reconsideration by the commissioner of

veterans' services.

3. Annual adjustment. Commencing in the year two thousand five, and

for each year thereafter, the amount of any annuity payable under this

section shall be the same amount as the annuity payable in the preceding

year plus a percentage adjustment equal to the annual percentage

increase, if any, for compensation and pension benefits administered by

the United States Department of Veterans' Affairs in the previous year.

Such percentage increase shall be rounded up to the next highest

one-tenth of one percent and shall not be less than one percent nor more

than four percent. Commencing in the year two thousand five, the

commissioner of veterans' services, not later than February first of

each year, shall publish by any reasonable means the amount of the

annuity as adjusted payable under this section.