Legislation
SECTION 26
Payment to immediate family members of veterans
Veterans' Services (VET) CHAPTER 13, ARTICLE 1
§ 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.
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.