S T A T E   O F   N E W   Y O R K
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                                 6680--A

                            I N  S E N A T E

                            February 26, 2014
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  executive  law, in relation to providing for an
  increase in the rates of annuities payable to veterans  and  surviving
  spouses of veterans

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 362 of the executive law, as amended by chapter 251
of the laws of 2004, is amended to read as follows:
  S 362. 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  director  of  the division of veterans' affairs, 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
FIVE HUNDRED 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 director of veterans' affairs, 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 director of
veterans' affairs, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14042-04-4
              

S. 6680--A                          2

veteran  shall be the date of receipt of the application for reconsider-
ation by the director of veterans' affairs.
  2.  Payment  to widows and widowers of blind veterans. a. The unremar-
ried 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 director of veterans' affairs,
also be paid out of the treasury of the state the sum  of  one  thousand
FIVE  HUNDRED  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  director  of  veterans'  affairs, 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  applica-
tion  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 director of veterans' affairs. If an  applica-
tion  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 director of veterans' affairs.
  3. Annual adjustment. Commencing [in the year two  thousand  five]  ON
DECEMBER FIRST, TWO THOUSAND FOURTEEN, 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 compen-
sation and pension benefits administered by the United States Department
of Veterans' Affairs in  the  previous  year],  INCREASED  BY  THE  SAME
PERCENTAGE  AS  THE  PERCENTAGE  BY  WHICH BENEFIT AMOUNTS PAYABLE UNDER
TITLE II OF THE SOCIAL SECURITY ACT (42 USC 401 ET SEQ.)  ARE  INCREASED
EFFECTIVE   DECEMBER  FIRST,  TWO  THOUSAND  FOURTEEN.  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] ON  DECEMBER  FIRST,
TWO THOUSAND FOURTEEN, the director of veterans' affairs, 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.
  S 2. This act shall take effect immediately.