N.Y. Veterans' Services Law § 26: Payment to immediate family members of veterans

§ 26. Payment to immediate family members of veterans. 1. Annuity

established. (a) (i) A parent, spouse, or minor child identified in 10

USC 1126 as a gold star parent, spouse, or minor child; or (ii) a

parent, spouse, or minor child of a veteran who died while on active

duty, shall upon application to the state commissioner, be paid an

annual annuity out of the treasury of the state for the sum of five

hundred dollars for such term as such parent, spouse, or minor child

shall be entitled thereto under the provisions of this article.

Commencing in the year two thousand nineteen, 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. The commissioner of

veterans' services, not later than February first of each year, shall

publish by any reasonable means, including but not limited to posting on

the department's website, the amount of the annuity as adjusted payable

under this section. The term "parent" for the purposes of this section

includes mother, father, stepmother, stepfather, mother through adoption

and father through adoption. The term "spouse" for the purposes of this

section means a person who was the spouse or domestic partner of the

veteran at the time of such veteran's death regardless of whether such

person has remarried or entered into a new domestic partnership since

such veteran's death. The term "minor child" for the purposes of this

section means a person who is under the age of eighteen years, or who,

after attaining the age of eighteen years and until completion of

education or training, but not after attaining the age of twenty-three

years, is pursuing a course of instruction at an approved educational

institution and who is the biological, step, or adopted child of a

veteran. The term "active duty" for purposes of this section shall have

the same meaning as such term is defined in section 101 of title 38 of

the United States code, and shall also include any period of active duty

for training during which the individual concerned died from a disease

or injury incurred or aggravated in the line of duty, or any period of

inactive duty training during which the individual concerned died from

an injury incurred or aggravated in the line of duty or from an acute

myocardial infarction, a cardiac arrest, or a cerebrovascular accident

which occurred during such training. The terms "active duty for

training" and "inactive duty training" for the purposes of this section

shall have the same meaning as such terms are defined in section 101 of

title 38 of the United States code.

(b) The entitlement of any parent, spouse, or minor child to receive

the annuity provided by paragraph (a) of this subdivision shall

terminate upon such parent's, spouse's, or minor child's death or upon

such parent's, spouse's, or minor child's 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 state commissioner, if such

parent, spouse, or minor child shall thereafter resume such parent's,

spouse's, or minor child's residence and domicile in the state.

(c) The effective date of an award of the annuity to a parent, spouse,

or minor child shall be the day after the date of death of the veteran

if the application therefor is received within one year from 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 parent, spouse, or minor child shall be

the date of receipt of the application by the state commissioner. 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 parent, spouse, or minor child shall be the

date of the receipt of the application for reconsideration by the state

commissioner.

(d) Any applicant convicted of making any false statement in the

application for the annuity shall be subject to penalties prescribed in

the penal law.

2. Qualifications. (a) Any gold star parent, spouse, or minor child,

of a deceased veteran, or a parent, spouse, or minor child of a veteran

pursuant to subparagraph (ii) of paragraph (a) of subdivision one of

this section, who is a resident of and domiciled in the state of New

York, may make application to the department.

(b) No entitlement shall be paid under this section to or for a gold

star parent, spouse, or minor child, or a parent, spouse, or minor child

of a veteran pursuant to subparagraph (ii) of paragraph (a) of

subdivision one of this section, 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

such parent's, spouse's, or minor child's imprisonment begins and ending

with such parent's, spouse's, or minor child's release.

(c) Where one or more gold star parents, spouse, or minor children, or

parents, spouse, or minor children of a veteran pursuant to subparagraph

(ii) of paragraph (a) of subdivision one of this section, are

disqualified for the annuity for a period under paragraph (b) of this

subdivision, the state commissioner shall pay the shares of such

disqualified parents, spouse, or minor children to the other parents or

minor children, if they meet the qualifications on their own.

(d) The decision of the state commissioner on matters regarding the

payment of such annuity shall be final.

3. Method of payment. (a) Evidence of the military service of the

deceased veteran for each case shall be furnished in the manner and form

prescribed by the state commissioner.

(b) Upon being satisfied that such service was honorable, that other

facts and statements in the application of such gold star parent,

spouse, or minor child or parent, spouse, or minor child of a veteran

pursuant to subparagraph (ii) of paragraph (a) of subdivision one of

this section, are true, the state commissioner shall certify to the

state comptroller the name and address of such gold star parent, spouse,

or minor child, or parent, spouse, or minor child of a veteran pursuant

to subparagraph (ii) of paragraph (a) of subdivision one of this

section.

(c) Thereafter, the department of taxation and finance, on the audit

and warrant of the comptroller, shall pay such gold star parent, spouse,

or minor child, or parent, spouse, or minor child of a veteran pursuant

to subparagraph (ii) of paragraph (a) of subdivision one of this

section, such sum as is authorized by the provisions of this section in

semi-annual installments for so long as such qualified gold star parent,

spouse, or minor child, or parent, spouse, or minor child of a veteran

pursuant to subparagraph (ii) of paragraph (a) of subdivision one of

this section, shall meet the requirements of this section.

4. Report. The state commissioner shall submit a report to the

governor, the chair of the senate finance committee, and the chair of

the assembly ways and means committee not later than January fifteenth

of each year this section is in effect. Such report shall include, but

not be limited to regulations promulgated pursuant to this section, and

a description and evaluation of the program.