Bill Text: NY S00200 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for an increase in the rates of annuities payable to veterans and surviving spouses of veterans.

Spectrum: Strong Partisan Bill (Republican 18-1)

Status: (Engrossed - Dead) 2018-06-18 - referred to ways and means [S00200 Detail]

Download: New_York-2017-S00200-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         200--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sens. MARCHIONE, AKSHAR, AMEDORE, AVELLA, BONACIC, CROCI,
          DeFRANCISCO, FUNKE, GALLIVAN, HANNON, HELMING, LARKIN, MURPHY, O'MARA,
          ORTT, PHILLIPS, RANZENHOFER, RITCHIE, SEWARD -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Veter-
          ans,  Homeland  Security  and  Military  Affairs -- recommitted to the
          Committee on Veterans,  Homeland  Security  and  Military  Affairs  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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.
                                                                   LBD04044-02-8
        S. 200--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  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 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.