N.Y. Veterans' Services Law § 23: Persons who may receive annuity

§ 23. Persons who may receive annuity. 1. a. The word "veteran" means

a veteran as defined in section one of this article who is a resident,

and who (i) has been or may be released from such service under other

than dishonorable conditions, or (ii) has a qualifying condition, as

defined in section one of this article, and has received a discharge

other than bad conduct or dishonorable from such service, or (iii) is a

discharged LGBT veteran, as defined in section one of this article, and

has received a discharge other than bad conduct or dishonorable from

such service, and who (iv) was a recipient of the armed forces

expeditionary medal, the navy expeditionary medal or the marine corps

expeditionary medal for participation in operations in Lebanon from June

first, nineteen hundred eighty-three to December first, nineteen hundred

eighty-seven, in Grenada from October twenty-third, nineteen hundred

eighty-three to November twenty-first, nineteen hundred eighty-three, or

in Panama from December twentieth, nineteen hundred eighty-nine to

January thirty-first, nineteen hundred ninety, or (v) served on active

duty for ninety days or more in the uniformed services of the United

States during any one of the following wars or hostilities:

(1) in the Spanish-American war from the twenty-first day of April,

eighteen hundred ninety-eight to the eleventh day of April, eighteen

hundred ninety-nine, inclusive;

(2) in the Philippine insurrection or the China relief expedition from

the eleventh day of April, eighteen hundred ninety-nine to the fourth

day of July, nineteen hundred two, inclusive;

(3) in the Mexican border campaign from the ninth day of May, nineteen

hundred sixteen, to the fifth day of April, nineteen hundred seventeen,

inclusive;

(4) in World War I from the sixth day of April, nineteen hundred

seventeen to the eleventh day of November, nineteen hundred eighteen,

inclusive;

(5) in World War II from the seventh day of December, nineteen hundred

forty-one to the thirty-first day of December, nineteen hundred

forty-six, inclusive, or who was employed by the War Shipping

Administration or Office of Defense Transportation or their agents as a

merchant seaman documented by the United States Coast Guard or

Department of Commerce, or as a civil servant employed by the United

States Army Transport Service (later redesignated as the United States

Army Transportation Corps, Water Division) or the Naval Transportation

Service; and who served satisfactorily as a crew member during the

period of armed conflict, December seventh, nineteen hundred forty-one,

to August fifteenth, nineteen hundred forty-five, aboard merchant

vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service

as such terms are defined under federal law (46 USCA 10301 & 10501) and

further to include "near foreign" voyages between the United States and

Canada, Mexico, or the West Indies via ocean routes, or public vessels

in oceangoing service or foreign waters and who has received a

Certificate of Release or Discharge from Active Duty and a discharge

certificate, or an Honorable Service Certificate/Report of Casualty,

from the Department of Defense, or who served as a United States

civilian employed by the American Field Service and served overseas

under United States Armies and United States Army Groups in World War II

during the period of armed conflict, December seventh, nineteen hundred

forty-one through May eighth, nineteen hundred forty-five, and who (i)

was discharged or released therefrom under honorable conditions, or (ii)

has a qualifying condition, as defined in section one of this article,

and has received a discharge other than bad conduct or dishonorable from

such service, or (iii) is a discharged LGBT veteran, as defined in

section one of this article, and has received a discharge other than bad

conduct or dishonorable from such service, or who served as a United

States civilian Flight Crew and Aviation Ground Support Employee of Pan

American World Airways or one of its subsidiaries or its affiliates and

served overseas as a result of Pan American's contract with Air

Transport Command or Naval Air Transport Service during the period of

armed conflict, December fourteenth, nineteen hundred forty-one through

August fourteenth, nineteen hundred forty-five, and who (iv) was

discharged or released therefrom under honorable conditions, or (v) has

a qualifying condition, as defined in section one of this article, and

has received a discharge other than bad conduct or dishonorable from

such service, or (vi) is a discharged LGBT veteran, as defined in

section one of this article, and has received a discharge other than bad

conduct or dishonorable from such service;

(6) in the Korean hostilities from the twenty-seventh day of June,

nineteen hundred fifty to the thirty-first day of January, nineteen

hundred fifty-five, inclusive;

(7) in the Vietnam conflict from the first day of November, nineteen

hundred fifty-five to the seventh day of May, nineteen hundred

seventy-five;

(8) in the Persian Gulf conflict from the second day of August,

nineteen hundred ninety to the end of such conflict.

b. The word "veteran" shall also mean any person who meets the other

requirements of paragraph a of this subdivision, who served on active

duty for less than ninety days, if he or she was discharged or released

from such service for a service-connected disability or who served for a

period of ninety consecutive days or more and such period began or ended

during any war or period of hostilities as defined in paragraph a of

this subdivision.

c. The term "active duty" as used in this article shall mean full time

duty in the uniformed services, other than active duty for training;

provided, however, that "active duty" shall also include any period of

active duty for training during which the individual concerned was

disabled or died from a disease or injury incurred or aggravated during

such period.

2. No annuity shall be paid under this article to or for a person who

is in prison in a federal, state or local penal institution as a result

of conviction of a felony or misdemeanor for any part of the period

beginning sixty-one days after his or her imprisonment begins and ending

when his or her imprisonment ends.

3. Where any veteran is disqualified for the annuity for any period

solely by reason of the provisions of subdivision two of this section,

the commissioner of veterans' services shall pay to his or her spouse,

if any, the annuity which such veteran would receive for that period but

for said subdivision two.

4. In case an unmarried, divorced or widowed veteran or a widow of a

deceased annuitant is being furnished hospital treatment, institutional

or domiciliary care by the United States or the state, the annuity

payable under this article to such veteran or widow or widower may be

discontinued after the first day of the seventh calendar month following

the month of admission of such veteran or widow for treatment or care.

Payment of such annuity shall be resumed if such veteran or widow or

widower is discharged from the hospital, institution or home, or if his

or her treatment or care therein is otherwise terminated.

5. Where payment of the annuity as hereinbefore authorized is to be

made to a mentally incompetent person or a conservatee, such payment may

be authorized by the commissioner of veterans' services of the state to

be paid only to a duly qualified court-appointed committee or

conservator, legally vested with the care of such incompetent's person

or property or of such conservatee's property, except that in the case

of an incompetent annuitant for whom a committee has not been appointed

or a person under a substantial impairment for whom a conservator has

not been appointed and who is hospitalized in a United States veterans

health administration hospital or in a hospital under the jurisdiction

of the state of New York, the commissioner of veterans' services of the

state may in his or her discretion certify payment of the annuity, as

hereinbefore authorized, to the manager of such United States veterans

health administration hospital or to the commissioner of such state

hospital for the account of the said incompetent or substantially

impaired annuitant.