STATE OF NEW YORK
________________________________________________________________________
3111--B
2015-2016 Regular Sessions
IN ASSEMBLY
January 22, 2015
___________
Introduced by M. of A. McDONALD, MOSLEY, CRESPO, RAIA, CROUCH, STEC,
STECK, PERRY, LAWRENCE, GOTTFRIED, PAULIN, CERETTO, GUNTHER, CUSICK,
THIELE, SIMANOWITZ, TEDISCO, RA, HAWLEY, SKOUFIS, RUSSELL, BARCLAY,
BUTLER -- Multi-Sponsored by -- M. of A. BENEDETTO, HOOPER, LOPEZ,
RAMOS -- read once and referred to the Committee on Veterans' Affairs
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- recommitted to the Committee on
Veterans' Affairs in accordance with Assembly Rule 3, sec. 2 --
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:
1 Section 1. Section 362 of the executive law, as amended by chapter 251
2 of the laws of 2004, is amended to read as follows:
3 § 362. Creation of annuity. 1. Payment to veterans. a. Any veteran as
4 defined in this article who has been or is hereafter classified by the
5 New York State commission for the visually handicapped as a blind person
6 as defined in section three of chapter four hundred fifteen of the laws
7 of nineteen hundred thirteen, as amended, and continues to be a blind
8 person within the meaning of that section, shall, upon application to
9 the director of the division of veterans' affairs, be paid out of the
10 treasury of the state for such term as such veteran shall be entitled
11 thereto under the provisions of this article, the sum of one thousand
12 five hundred dollars annually, plus any applicable annual adjustment, as
13 provided in this section.
14 b. The entitlement of any veteran to receive the annuity herein
15 provided shall terminate upon his or her ceasing to continue to be a
16 resident of and domiciled in the state, but such entitlement may be
17 reinstated upon application to the director of veterans' affairs, if
18 such veteran shall thereafter resume his or her residence and domicile
19 in the state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02576-05-6
A. 3111--B 2
1 c. The effective date of an award of the annuity to a veteran shall be
2 the date of receipt of the application therefor by the director of
3 veterans' affairs, except that if the application is denied but is
4 granted at a later date upon an application for reconsideration based
5 upon new evidence, the effective date of the award of the annuity to a
6 veteran shall be the date of receipt of the application for reconsider-
7 ation by the director of veterans' affairs.
8 2. Payment to widows and widowers of blind veterans. a. The unremar-
9 ried spouse of a veteran who heretofore has died or the unremarried
10 spouse of a veteran dying hereafter, such veteran being at the time of
11 her or his death a recipient of, or eligible for, the benefits above
12 provided, shall, upon application to the director of veterans' affairs,
13 also be paid out of the treasury of the state the sum of one thousand
14 five hundred dollars annually, plus any applicable annual adjustment,
15 for such term as such unremarried spouse shall be entitled thereto under
16 the provisions of this article.
17 b. The entitlement of any widow or widower to receive the annuity
18 herein provided shall terminate upon her or his death or re-marriage or
19 upon her or his ceasing to continue to be a resident of and domiciled in
20 the state of New York, but such entitlement may be reinstated upon
21 application to the director of veterans' affairs, if such widow or
22 widower shall thereafter resume her or his residence and domicile in the
23 state.
24 c. The effective date of an award of the annuity to a widow or widower
25 shall be the day after the date of death of the veteran if the applica-
26 tion therefor is received within one year from such date of death. If
27 the application is received after the expiration of the first year
28 following the date of the death of the veteran, the effective date of an
29 award of the annuity to a widow or widower shall be the date of receipt
30 of the application by the director of veterans' affairs. If an applica-
31 tion is denied but is granted at a later date upon an application for
32 reconsideration based upon new evidence, the effective date of the award
33 of the annuity to a widow or widower shall be the date of receipt of the
34 application for reconsideration by the director of veterans' affairs.
35 3. Annual adjustment. Commencing [in the year two thousand five] on
36 December first, two thousand sixteen, and for each year thereafter, the
37 amount of any annuity payable under this section shall be the same
38 amount as the annuity payable in the preceding year [plus a percentage
39 adjustment equal to the annual percentage increase, if any, for compen-
40 sation and pension benefits administered by the United States Department
41 of Veterans' Affairs in the previous year], increased by a percentage to
42 be determined in accordance with a formula established by the division
43 of veterans' affairs. The formula shall take into account all factors
44 the division of veterans' affairs deems necessary, including, but not
45 limited to factors such as the percentage by which benefit amounts paya-
46 ble under title II of the Social Security Act (42 USC 401 et seq.) are
47 increased effective December first, two thousand sixteen. Such percent-
48 age increase shall be rounded up to the next highest one-tenth of one
49 percent and shall not be less than one percent nor more than four
50 percent. Commencing [in the year two thousand five] on December first,
51 two thousand sixteen, the director of veterans' affairs, not later than
52 February first of each year, shall publish by any reasonable means the
53 amount of the annuity as adjusted payable under this section.
54 § 2. This act shall take effect immediately.
