§ 23 — Persons who may receive annuity

§ 23. Persons who may receive annuity. 1. a. The word "veteran" means\na veteran as defined in section one of this article who is a resident,\nand who (i) has been or may be released from such service under other\nthan dishonorable conditions, or (ii) has a qualifying condition, as\ndefined in section one of this article, and has received a discharge\nother than bad conduct or dishonorable from such service, or (iii) is a\ndischarged LGBT veteran, as defined in section one of this article, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, and who (iv) was a recipient of the armed forces\nexpeditionary medal, the navy expeditionary medal or the marine corps\nexpeditionary medal for participation in operations in Lebanon from June\nfirst, nineteen hundred eighty-three to December first, nineteen hundred\neighty-seven, in Grenada from October twenty-third, nineteen hundred\neighty-three to November twenty-first, nineteen hundred eighty-three, or\nin Panama from December twentieth, nineteen hundred eighty-nine to\nJanuary thirty-first, nineteen hundred ninety, or (v) served on active\nduty for ninety days or more in the uniformed services of the United\nStates during any one of the following wars or hostilities:\n (1) in the Spanish-American war from the twenty-first day of April,\neighteen hundred ninety-eight to the eleventh day of April, eighteen\nhundred ninety-nine, inclusive;\n (2) in the Philippine insurrection or the China relief expedition from\nthe eleventh day of April, eighteen hundred ninety-nine to the fourth\nday of July, nineteen hundred two, inclusive;\n (3) in the Mexican border campaign from the ninth day of May, nineteen\nhundred sixteen, to the fifth day of April, nineteen hundred seventeen,\ninclusive;\n (4) in World War I from the sixth day of April, nineteen hundred\nseventeen to the eleventh day of November, nineteen hundred eighteen,\ninclusive;\n (5) in World War II from the seventh day of December, nineteen hundred\nforty-one to the thirty-first day of December, nineteen hundred\nforty-six, inclusive, or who was employed by the War Shipping\nAdministration or Office of Defense Transportation or their agents as a\nmerchant seaman documented by the United States Coast Guard or\nDepartment of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the Department of Defense, or who served as a United States\ncivilian employed by the American Field Service and served overseas\nunder United States Armies and United States Army Groups in World War II\nduring the period of armed conflict, December seventh, nineteen hundred\nforty-one through May eighth, nineteen hundred forty-five, and who (i)\nwas discharged or released therefrom under honorable conditions, or (ii)\nhas a qualifying condition, as defined in section one of this article,\nand has received a discharge other than bad conduct or dishonorable from\nsuch service, or (iii) is a discharged LGBT veteran, as defined in\nsection one of this article, and has received a discharge other than bad\nconduct or dishonorable from such service, or who served as a United\nStates civilian Flight Crew and Aviation Ground Support Employee of Pan\nAmerican World Airways or one of its subsidiaries or its affiliates and\nserved overseas as a result of Pan American's contract with Air\nTransport Command or Naval Air Transport Service during the period of\narmed conflict, December fourteenth, nineteen hundred forty-one through\nAugust fourteenth, nineteen hundred forty-five, and who (iv) was\ndischarged or released therefrom under honorable conditions, or (v) has\na qualifying condition, as defined in section one of this article, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (vi) is a discharged LGBT veteran, as defined in\nsection one of this article, and has received a discharge other than bad\nconduct or dishonorable from such service;\n (6) in the Korean hostilities from the twenty-seventh day of June,\nnineteen hundred fifty to the thirty-first day of January, nineteen\nhundred fifty-five, inclusive;\n (7) in the Vietnam conflict from the first day of November, nineteen\nhundred fifty-five to the seventh day of May, nineteen hundred\nseventy-five;\n (8) in the Persian Gulf conflict from the second day of August,\nnineteen hundred ninety to the end of such conflict.\n b. The word "veteran" shall also mean any person who meets the other\nrequirements of paragraph a of this subdivision, who served on active\nduty for less than ninety days, if he or she was discharged or released\nfrom such service for a service-connected disability or who served for a\nperiod of ninety consecutive days or more and such period began or ended\nduring any war or period of hostilities as defined in paragraph a of\nthis subdivision.\n c. The term "active duty" as used in this article shall mean full time\nduty in the uniformed services, other than active duty for training;\nprovided, however, that "active duty" shall also include any period of\nactive duty for training during which the individual concerned was\ndisabled or died from a disease or injury incurred or aggravated during\nsuch period.\n 2. No annuity shall be paid under this article to or for a person who\nis in prison in a federal, state or local penal institution as a result\nof conviction of a felony or misdemeanor for any part of the period\nbeginning sixty-one days after his or her imprisonment begins and ending\nwhen his or her imprisonment ends.\n 3. Where any veteran is disqualified for the annuity for any period\nsolely by reason of the provisions of subdivision two of this section,\nthe commissioner of veterans' services shall pay to his or her spouse,\nif any, the annuity which such veteran would receive for that period but\nfor said subdivision two.\n 4. In case an unmarried, divorced or widowed veteran or a widow of a\ndeceased annuitant is being furnished hospital treatment, institutional\nor domiciliary care by the United States or the state, the annuity\npayable under this article to such veteran or widow or widower may be\ndiscontinued after the first day of the seventh calendar month following\nthe month of admission of such veteran or widow for treatment or care.\nPayment of such annuity shall be resumed if such veteran or widow or\nwidower is discharged from the hospital, institution or home, or if his\nor her treatment or care therein is otherwise terminated.\n 5. Where payment of the annuity as hereinbefore authorized is to be\nmade to a mentally incompetent person or a conservatee, such payment may\nbe authorized by the commissioner of veterans' services of the state to\nbe paid only to a duly qualified court-appointed committee or\nconservator, legally vested with the care of such incompetent's person\nor property or of such conservatee's property, except that in the case\nof an incompetent annuitant for whom a committee has not been appointed\nor a person under a substantial impairment for whom a conservator has\nnot been appointed and who is hospitalized in a United States veterans\nhealth administration hospital or in a hospital under the jurisdiction\nof the state of New York, the commissioner of veterans' services of the\nstate may in his or her discretion certify payment of the annuity, as\nhereinbefore authorized, to the manager of such United States veterans\nhealth administration hospital or to the commissioner of such state\nhospital for the account of the said incompetent or substantially\nimpaired annuitant.\n