Bill Text: NY A02866 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for an increase in the rates of annuities payable to veterans and surviving spouses of veterans.
Spectrum: Slight Partisan Bill (Democrat 23-14)
Status: (Introduced - Dead) 2018-06-05 - reported referred to ways and means [A02866 Detail]
Download: New_York-2017-A02866-Amended.html
Bill Title: Provides for an increase in the rates of annuities payable to veterans and surviving spouses of veterans.
Spectrum: Slight Partisan Bill (Democrat 23-14)
Status: (Introduced - Dead) 2018-06-05 - reported referred to ways and means [A02866 Detail]
Download: New_York-2017-A02866-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2866--A 2017-2018 Regular Sessions IN ASSEMBLY January 23, 2017 ___________ Introduced by M. of A. McDONALD, MOSLEY, CRESPO, RAIA, CROUCH, STEC, STECK, PERRY, LAWRENCE, GOTTFRIED, PAULIN, GUNTHER, CUSICK, THIELE, SKOUFIS, JENNE, RA, BUTLER, DiPIETRO, HAWLEY, ORTIZ, SANTABARBARA, ABBATE, BLANKENBUSH, MORINELLO, BLAKE, B. MILLER -- Multi-Sponsored by -- M. of A. BARCLAY, BENEDETTO, BRAUNSTEIN, GIGLIO, HOOPER, HYNDMAN, LUPARDO, MAGEE, McDONOUGH, RAMOS -- read once and referred to the Committee on Veterans' Affairs -- 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] state commission for the [visually handicapped] blind 6 as a blind person as defined in section three of chapter four hundred 7 fifteen of the laws of nineteen hundred thirteen, as amended, and 8 continues to be a blind person within the meaning of that section, 9 shall, upon application to the director of the division of veterans' 10 affairs, be paid out of the treasury of the state for such term as such 11 veteran shall be entitled thereto under the provisions of this article, 12 the sum of one thousand five hundred dollars annually, plus any applica- 13 ble annual adjustment, as 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. LBD04044-03-8A. 2866--A 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 eighteen, 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 percentage39adjustment equal to the annual percentage increase, if any, for compen-40sation and pension benefits administered by the United States Department41of 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 eighteen. 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 eighteen, 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.
