2006 New York Code - Pensions.

 
    § 217. Pensions.   1. Any member of the organized militia who shall be
  disabled or has been so  disabled  in  the  performance  of  any  actual
  service of this state within three years preceding the application for a
  pension  under  this  chapter,  in case of riots, tumults, breach of the
  peace, resistance to process, invasion, insurrection or imminent  danger
  thereof,  or  whenever  called  upon in aid of the civil authorities, or
  while engaged in any  lawfully  ordered  parade,  drill,  encampment  or
  inspection,  shall,  upon proof of the fact, as hereinafter provided, be
  placed on the disability retired roll of the state and shall receive out
  of any moneys in the treasury of the state, not otherwise  appropriated,
  upon  the  approval  of the chief of staff and approval of the governor,
  the same pension or reward  that  persons  under  similar  circumstances
  receive from the United States.
    2.  In  case any such member of the organized militia shall die as the
  result of any such wound, injury or disease within one year after it has
  been incurred  or  contracted,  the  surviving  spouse,  children  under
  twenty-one  years  of  age  or  dependent  parent  of such member of the
  organized militia shall receive such pension and reward as persons under
  similar circumstances receive from the United States.
    3. None of the benefits provided by subdivision two  of  this  section
  shall  be  paid  or  allowed unless a claim therefor is presented to the
  chief of staff within one year after the date of death of the member  of
  the organized militia.  None of the benefits provided by subdivision one
  of  this  section or on a rehearing of a pension claim under section two
  hundred nineteen of this article shall be  paid  or  allowed  while  the
  applicant is on the active list.
    4.  If any member of the militia shall die while in the active service
  of the state, his reasonable funeral expenses, in the same amount as  is
  paid  under  similar circumstances by the United States shall be paid by
  the state, in such manner as the governor may direct.
    5. None of the benefits provided by this section and  by  section  two
  hundred  nineteen  of this article shall be allowed or paid by the state
  when such benefits are paid from federal funds.   Nothing  contained  in
  this article shall be deemed to make applicable any of the provisions of
  the  war risk insurance law of the United States.  The pension or reward
  to be allowed under this section shall  be  that  provided  for  by  the
  appropriate  retirement  or  pension laws of the United States so far as
  the same may be applicable in substance, without regard to form.
    6. Before the name of any person is placed upon the disability retired
  roll of the  state  under  this  section,  proof  shall  be  made  under
  regulations  issued  pursuant  to  this  chapter  that  the applicant is
  entitled to such pension or reward.    The  chief  of  staff,  with  the
  approval  of  the governor, shall cause to be striken from such roll the
  name of any person whenever it appears by satisfactory proof  that  such
  name was put upon such roll through false or fraudulent representations.
  The  chief  of  staff,  with the approval of the governor, may increase,
  reduce or withdraw any pension or reward  according  to  the  right  and
  justice  and  the  practice under the laws and regulations of the United
  States.
    7. Any member of the organized militia who on or after  the  effective
  date  of  this article is awarded a pension under the provisions of this
  section and who subsequent to  such  award  requires  further  care  and
  medical   attendance  by  reason  of  such  wound,  injury,  disease  or
  disability, may, upon application to and upon approval by the  chief  of
  staff,  be  allowed,  in  addition to such pension, actual and necessary
  expenses for care and medical  attendance  resulting  from  such  wound,
  injury,  disease  or  disability  until such time as the disability upon
  which the pension was awarded cannot  be  materially  improved  by  such
  further care or treatment.