§ 26 — Payment to immediate family members of veterans

§ 26. Payment to immediate family members of veterans. 1. Annuity\nestablished. (a) (i) A parent, spouse, or minor child identified in 10\nUSC 1126 as a gold star parent, spouse, or minor child; or (ii) a\nparent, spouse, or minor child of a veteran who died while on active\nduty, shall upon application to the state commissioner, be paid an\nannual annuity out of the treasury of the state for the sum of five\nhundred dollars for such term as such parent, spouse, or minor child\nshall be entitled thereto under the provisions of this article.\nCommencing in the year two thousand nineteen, the amount of any annuity\npayable under this section shall be the same amount as the annuity\npayable in the preceding year plus a percentage adjustment equal to the\nannual percentage increase, if any, for compensation and pension\nbenefits administered by the United States Department of Veterans\nAffairs in the previous year. Such percentage increase shall be rounded\nup to the next highest one-tenth of one percent and shall not be less\nthan one percent nor more than four percent. The commissioner of\nveterans' services, not later than February first of each year, shall\npublish by any reasonable means, including but not limited to posting on\nthe department's website, the amount of the annuity as adjusted payable\nunder this section. The term "parent" for the purposes of this section\nincludes mother, father, stepmother, stepfather, mother through adoption\nand father through adoption. The term "spouse" for the purposes of this\nsection means a person who was the spouse or domestic partner of the\nveteran at the time of such veteran's death regardless of whether such\nperson has remarried or entered into a new domestic partnership since\nsuch veteran's death. The term "minor child" for the purposes of this\nsection means a person who is under the age of eighteen years, or who,\nafter attaining the age of eighteen years and until completion of\neducation or training, but not after attaining the age of twenty-three\nyears, is pursuing a course of instruction at an approved educational\ninstitution and who is the biological, step, or adopted child of a\nveteran. The term "active duty" for purposes of this section shall have\nthe same meaning as such term is defined in section 101 of title 38 of\nthe United States code, and shall also include any period of active duty\nfor training during which the individual concerned died from a disease\nor injury incurred or aggravated in the line of duty, or any period of\ninactive duty training during which the individual concerned died from\nan injury incurred or aggravated in the line of duty or from an acute\nmyocardial infarction, a cardiac arrest, or a cerebrovascular accident\nwhich occurred during such training. The terms "active duty for\ntraining" and "inactive duty training" for the purposes of this section\nshall have the same meaning as such terms are defined in section 101 of\ntitle 38 of the United States code.\n (b) The entitlement of any parent, spouse, or minor child to receive\nthe annuity provided by paragraph (a) of this subdivision shall\nterminate upon such parent's, spouse's, or minor child's death or upon\nsuch parent's, spouse's, or minor child's ceasing to continue to be a\nresident of and domiciled in the state of New York, but such entitlement\nmay be reinstated upon application to the state commissioner, if such\nparent, spouse, or minor child shall thereafter resume such parent's,\nspouse's, or minor child's residence and domicile in the state.\n (c) The effective date of an award of the annuity to a parent, spouse,\nor minor child shall be the day after the date of death of the veteran\nif the application therefor is received within one year from 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 parent, spouse, or minor child shall be\nthe date of receipt of the application by the state commissioner. If the\napplication is denied but is granted at a later date upon an application\nfor reconsideration based upon new evidence, the effective date of the\naward of the annuity to a parent, spouse, or minor child shall be the\ndate of the receipt of the application for reconsideration by the state\ncommissioner.\n (d) Any applicant convicted of making any false statement in the\napplication for the annuity shall be subject to penalties prescribed in\nthe penal law.\n 2. Qualifications. (a) Any gold star parent, spouse, or minor child,\nof a deceased veteran, or a parent, spouse, or minor child of a veteran\npursuant to subparagraph (ii) of paragraph (a) of subdivision one of\nthis section, who is a resident of and domiciled in the state of New\nYork, may make application to the department.\n (b) No entitlement shall be paid under this section to or for a gold\nstar parent, spouse, or minor child, or a parent, spouse, or minor child\nof a veteran pursuant to subparagraph (ii) of paragraph (a) of\nsubdivision one of this section, who is in prison in a federal, state,\nor local penal institution as a result of conviction of a felony or\nmisdemeanor for any part of the period beginning sixty-one days after\nsuch parent's, spouse's, or minor child's imprisonment begins and ending\nwith such parent's, spouse's, or minor child's release.\n (c) Where one or more gold star parents, spouse, or minor children, or\nparents, spouse, or minor children of a veteran pursuant to subparagraph\n(ii) of paragraph (a) of subdivision one of this section, are\ndisqualified for the annuity for a period under paragraph (b) of this\nsubdivision, the state commissioner shall pay the shares of such\ndisqualified parents, spouse, or minor children to the other parents or\nminor children, if they meet the qualifications on their own.\n (d) The decision of the state commissioner on matters regarding the\npayment of such annuity shall be final.\n 3. Method of payment. (a) Evidence of the military service of the\ndeceased veteran for each case shall be furnished in the manner and form\nprescribed by the state commissioner.\n (b) Upon being satisfied that such service was honorable, that other\nfacts and statements in the application of such gold star parent,\nspouse, or minor child or parent, spouse, or minor child of a veteran\npursuant to subparagraph (ii) of paragraph (a) of subdivision one of\nthis section, are true, the state commissioner shall certify to the\nstate comptroller the name and address of such gold star parent, spouse,\nor minor child, or parent, spouse, or minor child of a veteran pursuant\nto subparagraph (ii) of paragraph (a) of subdivision one of this\nsection.\n (c) Thereafter, the department of taxation and finance, on the audit\nand warrant of the comptroller, shall pay such gold star parent, spouse,\nor minor child, or parent, spouse, or minor child of a veteran pursuant\nto subparagraph (ii) of paragraph (a) of subdivision one of this\nsection, such sum as is authorized by the provisions of this section in\nsemi-annual installments for so long as such qualified gold star parent,\nspouse, or minor child, or parent, spouse, or minor child of a veteran\npursuant to subparagraph (ii) of paragraph (a) of subdivision one of\nthis section, shall meet the requirements of this section.\n 4. Report. The state commissioner shall submit a report to the\ngovernor, the chair of the senate finance committee, and the chair of\nthe assembly ways and means committee not later than January fifteenth\nof each year this section is in effect. Such report shall include, but\nnot be limited to regulations promulgated pursuant to this section, and\na description and evaluation of the program.\n