New York Laws
Article 1 - Department of Veterans' Services
21 - Creation of Annuity.

§ 21. 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 commissioner of the department of veterans' services, 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 commissioner of veterans' services,
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 commissioner of
veterans' services, 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 commissioner of veterans' services.

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 commissioner of
veterans' services, 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 commissioner of veterans' services, 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 commissioner of veterans' services. 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 commissioner of
veterans' services.

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
commissioner of veterans' services, 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.