2019 New York Laws
EXC - Executive
Article 17 - Veterans' Services
354-C - New York State Veteran Burial Fund.

§  354-c.  New  York  state  veteran  burial  fund. 1. As used in this
section, "agent in control of the  disposition  of  remains"  means  the
person  responsible  or  designated  to  control  the  disposition  of a
deceased veteran's remains as defined and outlined in section  forty-two
hundred  one  of  the  public health law. The term "interment" means the
disposition of remains as defined in paragraph (g)  of  section  fifteen
hundred  two  of  the  not-for-profit corporation law. The term "burial"
shall include the process as defined in paragraph (e) of section fifteen
hundred two of the not-for-profit corporation law.
  2. * As provided in subdivision  thirteen  of  section  three  hundred
fifty-three  of  this  article,  there  is hereby established within the
division a New York state veterans burial fund for honorably  discharged
members  of  the armed forces of the United States who were residents of
New York state at the time of his or her death.
  * NB Effective until November 12, 2020
  * As  provided  in  subdivision  thirteen  of  section  three  hundred
fifty-three  of  this  article,  there  is hereby established within the
division a New York state veterans burial fund for honorably  discharged
members  of  the armed forces of the United States who were residents of
New York state at the time of his or her death who  (i)  were  honorably
discharged  from  such  service,  or (ii) had a qualifying condition, as
defined in section three hundred fifty of this article, and  received  a
discharge  other  than bad conduct or dishonorable from such service, or
(iii) were discharged LGBT veterans, as defined in section three hundred
fifty of this article, and received a discharge other than  bad  conduct
or dishonorable from such service.
  * NB Effective November 12, 2020
  (a) Eligible recipients under this program shall be those who bore the
cost  of  the  funeral  as  the  agent  in control of the disposition of
remains.  An  application  shall  be  made  available  to  an   eligible
recipient.  Any applicant convicted of making any false statement in the
application for the reimbursement shall  be  subject  to  the  penalties
prescribed in the penal law.
  (b)  Such  optional burial allowance is a reimbursement of an eligible
decedent's burial and interment costs not to exceed  two  thousand  five
hundred  dollars  in  a  New  York  state  not-for-profit  cemetery. The
reimbursement is generally available as a plot interment allowance.  Any
allowance granted by the government of the United States, pursuant to 38
U.S.C.  §§  2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be
first applied toward interment costs. An additional allowance of  up  to
the   cost  of  the  actual  burial  and  interment  as  provided  under
subdivision thirteen  of  section  three  hundred  fifty-three  of  this
article may be awarded to cover any remaining expenses.
  (c)  Evidence  of  the  military service of the decedent for each case
shall be furnished in the  manner  and  form  prescribed  by  the  state
director;  upon  being  satisfied  that the facts in the application are
true, the state director shall certify to the state comptroller the name
and address of such agent in control of the disposition of  remains  for
reimbursement as provided in this section.