2010 New York Code
EXC - Executive
Article 17 - (350 - 368) VETERANS' AFFAIRS
362 - Creation of annuity.

§ 362. Creation  of annuity. 1. Payment to veterans. a. Any veteran as
  defined in this article who has been or is hereafter classified  by  the
  New York State commission for the visually handicapped as a blind person
  as  defined in section three of chapter four hundred fifteen of the laws
  of nineteen hundred thirteen, as amended, and continues to  be  a  blind
  person  within  the  meaning of that section, shall, upon application to
  the director of the division of veterans' affairs, be paid  out  of  the
  treasury  of  the  state for such term as such veteran shall be entitled
  thereto under the provisions of this article, the sum  of  one  thousand
  dollars  annually, plus any applicable annual adjustment, as provided in
  this section.
    b. The entitlement of  any  veteran  to  receive  the  annuity  herein
  provided  shall  terminate  upon  his or her ceasing to continue to be a
  resident of and domiciled in the state,  but  such  entitlement  may  be
  reinstated  upon  application  to  the director of veterans' affairs, if
  such veteran shall thereafter resume his or her residence  and  domicile
  in the state.
    c. The effective date of an award of the annuity to a veteran shall be
  the  date  of  receipt  of  the  application therefor by the director of
  veterans' affairs, except that if  the  application  is  denied  but  is
  granted  at  a  later date upon an application for reconsideration based
  upon new evidence, the effective date of the award of the annuity  to  a
  veteran   shall   be   the  date  of  receipt  of  the  application  for
  reconsideration by the director of veterans' affairs.
    2.  Payment  to  widows  and  widowers  of  blind  veterans.  a.   The
  unremarried  spouse  of  a  veteran  who  heretofore  has  died  or  the
  unremarried spouse of a veteran dying hereafter, such veteran  being  at
  the  time  of  her  or  his  death  a recipient of, or eligible for, the
  benefits above provided, shall, upon  application  to  the  director  of
  veterans' affairs, also be paid out of the treasury of the state the sum
  of one thousand dollars annually, plus any applicable annual adjustment,
  for such term as such unremarried spouse shall be entitled thereto under
  the provisions of this article.
    b.  The  entitlement  of  any  widow or widower to receive the annuity
  herein provided shall terminate upon her or his death or re-marriage  or
  upon her or his ceasing to continue to be a resident of and domiciled in
  the  state  of  New  York,  but  such entitlement may be reinstated upon
  application to the director of  veterans'  affairs,  if  such  widow  or
  widower shall thereafter resume her or his residence and domicile in the
  state.
    c. The effective date of an award of the annuity to a widow or widower
  shall  be  the  day  after  the  date  of  death  of  the veteran if the
  application therefor is received within  one  year  from  such  date  of
  death.  If the application is received after the expiration of the first
  year following the date of the death of the veteran, the effective  date
  of  an  award  of the annuity to a widow or widower shall be the date of
  receipt of the application by the director of veterans' affairs.  If  an
  application is denied but is granted at a later date upon an application
  for  reconsideration  based upon new evidence, the effective date of the
  award of the annuity to a widow or widower shall be the date of  receipt
  of  the  application  for  reconsideration  by the director of veterans'
  affairs.
    3. Annual adjustment. Commencing in the year two  thousand  five,  and
  for  each  year thereafter, the amount of any annuity payable under this
  section shall be the same amount as the annuity payable in the preceding
  year plus  a  percentage  adjustment  equal  to  the  annual  percentage
  increase,  if any, for compensation and pension benefits administered by
  the United States Department of Veterans' Affairs in the previous  year.

Such  percentage  increase  shall  be  rounded  up  to  the next highest
  one-tenth of one percent and shall not be less than one percent nor more
  than four percent.  Commencing  in  the  year  two  thousand  five,  the
  director  of  veterans'  affairs,  not later than February first of each
  year, shall publish by any reasonable means the amount of the annuity as
  adjusted payable under this section.