§ 21 — Creation of annuity

§ 21. Creation of annuity. 1. Payment to veterans. a. Any veteran as\ndefined in this article who has been or is hereafter classified by the\nNew York State commission for the visually handicapped as a blind person\nas defined in section three of chapter four hundred fifteen of the laws\nof nineteen hundred thirteen, as amended, and continues to be a blind\nperson within the meaning of that section, shall, upon application to\nthe commissioner of the department of veterans' services, be paid out of\nthe treasury of the state for such term as such veteran shall be\nentitled thereto under the provisions of this article, the sum of one\nthousand dollars annually, plus any applicable annual adjustment, as\nprovided in this section.\n b. The entitlement of any veteran to receive the annuity herein\nprovided shall terminate upon his or her ceasing to continue to be a\nresident of and domiciled in the state, but such entitlement may be\nreinstated upon application to the commissioner of veterans' services,\nif such veteran shall thereafter resume his or her residence and\ndomicile in the state.\n c. The effective date of an award of the annuity to a veteran shall be\nthe date of receipt of the application therefor by the commissioner of\nveterans' services, except that if the application is denied but is\ngranted at a later date upon an application for reconsideration based\nupon new evidence, the effective date of the award of the annuity to a\nveteran shall be the date of receipt of the application for\nreconsideration by the commissioner of veterans' services.\n 2. Payment to widows and widowers of blind veterans. a. The\nunremarried spouse of a veteran who heretofore has died or the\nunremarried spouse of a veteran dying hereafter, such veteran being at\nthe time of her or his death a recipient of, or eligible for, the\nbenefits above provided, shall, upon application to the commissioner of\nveterans' services, also be paid out of the treasury of the state the\nsum of one thousand dollars annually, plus any applicable annual\nadjustment, for such term as such unremarried spouse shall be entitled\nthereto under the provisions of this article.\n b. The entitlement of any widow or widower to receive the annuity\nherein provided shall terminate upon her or his death or re-marriage or\nupon her or his ceasing to continue to be a resident of and domiciled in\nthe state of New York, but such entitlement may be reinstated upon\napplication to the commissioner of veterans' services, if such widow or\nwidower shall thereafter resume her or his residence and domicile in the\nstate.\n c. The effective date of an award of the annuity to a widow or widower\nshall be the day after the date of death of the veteran if the\napplication therefor is received within one year from such date of\ndeath. If the application is received after the expiration of the first\nyear following the date of the death of the veteran, the effective date\nof an award of the annuity to a widow or widower shall be the date of\nreceipt of the application by the commissioner of veterans' services. If\nan application is denied but is granted at a later date upon an\napplication for reconsideration based upon new evidence, the effective\ndate of the award of the annuity to a widow or widower shall be the date\nof receipt of the application for reconsideration by the commissioner of\nveterans' services.\n 3. Annual adjustment. Commencing in the year two thousand five, and\nfor each year thereafter, the amount of any annuity payable under this\nsection shall be the same amount as the annuity payable in the preceding\nyear plus a percentage adjustment equal to the annual percentage\nincrease, if any, for compensation and pension benefits administered by\nthe United States Department of Veterans' Affairs in the previous year.\nSuch percentage increase shall be rounded up to the next highest\none-tenth of one percent and shall not be less than one percent nor more\nthan four percent. Commencing in the year two thousand five, the\ncommissioner of veterans' services, not later than February first of\neach year, shall publish by any reasonable means the amount of the\nannuity as adjusted payable under this section.\n