N.Y. Veterans' Services Law § 8: New York state supplemental burial allowance for members of the uniformed services of the United States killed in combat or duty subject ...

§ 8. New York state supplemental burial allowance for members of the

uniformed services of the United States killed in combat or duty subject

to hostile fire or imminent danger, as defined in 37 USC § 310. 1. As

used in this section, "parent" means a father, a mother, a father

through adoption, a mother through adoption, or an individual who, for a

period of not less than one year, at any time before the decedent's

entry into active military service stood in the relationship of a parent

to a decedent who died in combat or duty subject to hostile fire or

imminent danger, as defined in 37 USC § 310, or who died from a wound

incurred in combat or while serving on duty subject to hostile fire or

imminent danger, as defined in 37 USC § 310 or, if two persons stood in

the relationship of a parent for one year or more, the person who bore

the expenses of the funeral of the decedent.

2. As used in this section, (a) "wound" means a physical injury to a

servicemember on active duty caused by (i) a bullet, shrapnel, or other

projectile; (ii) a mine or trap; (iii) an explosion; (iv) a vehicle or

aircraft accident not caused by the servicemember's willful misconduct;

or (v) any other action caused or induced by the enemy directly

resulting in physical harm to the servicemember.

(b) "burial receptacle" means (i) a casket, which shall mean a rigid

container that is designed for the encasement of human remains and

customarily ornamented and lined with fabric, (ii) an urn, which shall

mean a container of wood, metal, pottery, or other material designed for

the storage of cremated human remains, and/or (iii) an outer burial

receptacle, which shall mean a graveliner, burial vault, or other

similar type of container for the placement of a casket or urn.

3. There is hereby established within the department a New York state

supplemental burial allowance for any member of the uniformed services

of the United States who: (a) died in combat or duty subject to hostile

fire or imminent danger, as defined in 37 USC § 310 or died from a wound

incurred in combat or while serving on duty subject to hostile fire or

imminent danger, as defined in 37 USC § 310, other than the exceptions

noted in paragraphs (d), (e) and (f) of subdivision four of this

section, and (b) who was (i) a resident of New York state at the time of

his or her death or (ii) a nonresident of New York state at the time of

his or her death and a member of the New York Army National Guard or New

York Air National Guard at the time he or she entered title 10, United

States Code, federal active duty status during which period of service

he or she died.

4. (a) The purpose of the program is to administer and monitor a

supplemental allowance program to aid families of military personnel who

died in combat or duty subject to hostile fire or imminent danger, as

defined in 37 USC § 310, or died from a wound incurred in combat or duty

subject to hostile fire or imminent danger, as defined in 37 USC § 310,

with respect to expenses incurred in connection with the decedent's

funeral and the burial, burial receptacle, cremation, or other interment

of the decedent's remains.

(b) Eligible recipients under this program shall be those who bore the

cost of the decedent's funeral and burial, burial receptacle, cremation,

or other interment, in the following order of priority: (i) a surviving

spouse or domestic partner of the decedent; (ii) adult children of the

decedent, to include step-children and adopted children; (iii) parents

or grandparents of the decedent, and parents-in-law or

grandparents-in-law of the decedent; (iv) siblings of the decedent, to

include siblings adopted by the decedent's immediate family and siblings

with whom the decedent shares only one parent in common, and

siblings-in-law of the decedent; (v) aunts, uncles, and first cousins of

the decedent; and (vi) any other relative. Any applicant convicted of

making any false statement in the application for the reimbursement

shall be subject to the penalties prescribed in the penal law.

(c) Such burial allowance is a partial reimbursement of an eligible

decedent's funeral and burial, burial receptacle, cremation or other

interment costs. The reimbursement is generally applicable to two

components: (i) funeral expenses, and (ii) expenses arising from the

burial, burial receptacle, cremation, or other interment of the

decedent's remains. Any allowance granted by the government of the

United States, pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306, 2307 and

2308 or 10 U.S.C. § 1482, or by the decedent's state of residence in the

case of an allowance eligible pursuant to subparagraph (ii) of paragraph

(b) of subdivision three of this section, shall be first applied toward

funeral and burial, burial receptacle, cremation or other interment

costs. The state may award an allowance of up to six thousand dollars to

cover any remaining expenses.

(d) The state shall not award any funds from this allowance to

reimburse any costs for the headstone, grave marker, or medallion of the

decedent.

(e) The state shall not grant supplemental burial allowance payments

for the funeral or the burial, burial receptacle, cremation, or other

interment of remains of any decedent whose relations received any

reimbursement from this allowance for any previous funeral or burial,

burial receptacle, cremation, or other interment of remains for this

same decedent.

(f) The state shall not grant supplemental burial allowance payments

for any person filing a completed application for such allowance with

the state later than: (i) two years after the applicant received final

written notice from the United States Department of Veterans Affairs

regarding an application for reimbursement of funeral or burial, burial

receptacle, cremation or other interment expenses pursuant to 38 U.S.C.

§§2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C. § 1482, or any

combination thereof; or (ii) two years after the expiration date of the

filing deadline to apply for reimbursement of funeral, burial, burial

receptacle, cremation or other interment expenses from the United States

Department of Veterans Affairs, as defined in 38 U.S.C. § 2304, if the

applicant never applied for reimbursement of funeral, burial, burial

receptacle, cremation or interment expenses from the United States

Department of Veterans Affairs. Any applications received subsequent to

these prescribed periods shall be denied as time-barred.

(g) Applicants shall furnish evidence of the decedent's military

service and relevant after action reports or other documents explaining

why the application meets eligibility requirements for each case in the

manner and form prescribed by the state commissioner or his or her

designee. Upon being satisfied that the facts in the application are

true, the state commissioner or his or her designee shall certify to the

state comptroller the name and address of such recipient. The decision

of the state commissioner or his or her designee on all matters

regarding any payment from this allowance shall be final.

(h) The state commissioner shall submit a report to the governor, the

chairperson of the senate finance committee, and the chairperson of the

assembly ways and means committee not later than January fifteenth of

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

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

allowances paid, and an account of the monies spent and the relationship

of the distributees to the decedent.