2012 New York Consolidated Laws
EXC - Executive
Article 17 - (350 - 368) VETERANS' AFFAIRS
367 - Payment to parents of veterans.

 
    §  367.  Payment to parents of veterans. 1. Annuity established. (a) A
  parent, identified in 10 USC 1126 as a gold star parent,  of  a  veteran
  who  heretofore  has  died or parent of a veteran dying hereafter, shall
  upon application to the state director, be paid an annual annuity out of
  the treasury of the state for the sum of five hundred dollars  for  such
  term  as  such  parent shall be entitled thereto under the provisions of
  this article. In no event shall such annual annuity payment  exceed  one
  thousand dollars per veteran. The term "parent" for the purposes of this
  section  includes mother, father, stepmother, stepfather, mother through
  adoption and father through adoption.
    (b) The entitlement of any parent to receive the annuity  provided  by
  paragraph  (a) of this subdivision shall terminate upon his or her death
  or upon his or her ceasing to continue to be a resident and domiciled in
  the state of New York, but  such  entitlement  may  be  reinstated  upon
  application  to  the  state  director,  if  such parent shall thereafter
  resume his or her residence and domicile in the state.
    (c) The effective date of an award of the annuity to a parent shall be
  the day after the date of  death  of  the  veteran  if  the  application
  therefor  is  received  within  one  year  from  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 parent shall be the date of receipt of the application
  by the state director. 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  parent
  shall  be the date of the receipt of the application for reconsideration
  by the state director.
    (d) Any applicant convicted of  making  any  false  statement  in  the
  application  for the annuity shall be subject to penalties prescribed in
  the penal law.
    2. Qualifications. (a) Any gold star parent, who is the  parent  of  a
  deceased  veteran, who is a resident of the state of New York and has an
  income at or below two hundred percent of  the  federal  poverty  level,
  shall make application to the division.
    (b)  No  entitlement shall be paid under this section to or for a gold
  star parent who is in  prison  in  a  federal,  state,  or  local  penal
  institution as a result of conviction of a felony or misdemeanor for any
  part   of   the  period  beginning  sixty-one  days  after  his  or  her
  imprisonment begins and ending with his or her release.
    (c) Where one or more gold  star  parents  are  disqualified  for  the
  annuity  for a period under paragraph (b) of this subdivision, the state
  director shall pay the shares of such disqualified parents to the  other
  parents, if they meet the qualifications on their own.
    (d)  The  decision  of  the  state  director  on matters regarding the
  payment of such annuity shall be final.
    3. Method of payment. (a) Evidence of  the  military  service  of  the
  deceased  veteran  of  the  gold  star  parent  for  each  case shall be
  furnished in the manner and form prescribed by the state director.
    (b) Upon being satisfied that such service was honorable,  that  other
  facts  and  statements  in  the application of such gold star parent are
  true, the state director shall certify to the state comptroller the name
  and address of such gold star parent.
    (c) Thereafter, the department of taxation and finance, on  the  audit
  and warrant of the comptroller, shall pay such gold star parent such sum
  as  is  authorized  by  the  provisions  of  this section in semi-annual
  installments for so long as such qualified gold star parent  shall  meet
  the requirements of this section.

    4.  Report.  The state director shall submit a report to the governor,
  the chair of the senate finance committee, and the chair of the assembly
  ways and means committee not later than January fifteenth of  each  year
  this section is in effect. Such report shall include, but not be limited
  to  regulations  promulgated pursuant to this section, and a description
  and evaluation of the program.