NY State Assembly Bill 2015-A3111B

Assembly Bill A3111B

2015-2016 Legislative Session

Provides for an increase in the rates of annuities payable to veterans and surviving spouses of veterans

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2016	print number 3111b
Jan 12, 2016	amend and recommit to veterans' affairs
Jan 06, 2016	referred to veterans' affairs
Dec 23, 2015	print number 3111a
Dec 23, 2015	amend and recommit to veterans' affairs
Jan 22, 2015	referred to veterans' affairs

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A3111 - Details

See Senate Version of this Bill:: S1200
Current Committee:: Assembly Veterans
Law Section:: Executive Law
Laws Affected:: Amd §362, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8942, S6680
2017-2018: A2866, S200

2015-A3111 - Summary

Provides for an increase in the rates of annuities payable to veterans and surviving spouses of veterans.

2015-A3111 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3111

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Veterans' Affairs

AN  ACT  to  amend  the  executive  law, in relation to providing for an
  increase in the rates of annuities payable to veterans  and  surviving
  spouses of veterans

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 362 of the executive law, as amended by chapter 251
of the laws of 2004, is amended to read as follows:
  S 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
FIVE HUNDRED 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02576-01-5

A. 3111                             2

veteran  shall be the date of receipt of the application for reconsider-
ation by the director of veterans' affairs.
  2.  Payment  to widows and widowers of blind veterans. a. The unremar-
ried 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
FIVE  HUNDRED  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  applica-
tion  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  applica-
tion  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]  ON
DECEMBER  FIRST, TWO THOUSAND FIFTEEN, 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  compen-
sation and pension benefits administered by the United States Department
of  Veterans'  Affairs  in  the  previous  year],  INCREASED BY THE SAME
PERCENTAGE AS THE PERCENTAGE BY  WHICH  BENEFIT  AMOUNTS  PAYABLE  UNDER
TITLE  II  OF THE SOCIAL SECURITY ACT (42 USC 401 ET SEQ.) ARE INCREASED
EFFECTIVE DECEMBER FIRST, TWO THOUSAND FIFTEEN. 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. Commenc-
ing [in the year two thousand five]  ON  DECEMBER  FIRST,  TWO  THOUSAND
FIFTEEN,  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.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A3111A - Details

See Senate Version of this Bill:: S1200
Current Committee:: Assembly Veterans
Law Section:: Executive Law
Laws Affected:: Amd §362, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8942, S6680
2017-2018: A2866, S200

2015-A3111A - Summary

Provides for an increase in the rates of annuities payable to veterans and surviving spouses of veterans.

2015-A3111A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3111--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A. McDONALD, MOSLEY, CRESPO, RAIA, CROUCH, STEC,
  STECK, PERRY, LAWRENCE, GOTTFRIED, PAULIN, CERETTO,  GUNTHER,  CUSICK,
  THIELE, SIMANOWITZ, TEDISCO, RA, HAWLEY -- Multi-Sponsored by -- M. of
  A.   BENEDETTO, HOOPER, RAMOS -- read once and referred to the Commit-
  tee on  Veterans'  Affairs  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  executive  law, in relation to providing for an
  increase in the rates of annuities payable to veterans  and  surviving
  spouses of veterans

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 362 of the executive law, as amended by chapter 251
of the laws of 2004, is amended to read as follows:
  S 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
FIVE HUNDRED 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02576-03-5

A. 3111--A                          2

  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  reconsider-
ation by the director of veterans' affairs.
  2.  Payment  to widows and widowers of blind veterans. a. The unremar-
ried 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
FIVE  HUNDRED  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  applica-
tion  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  applica-
tion  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]  ON
DECEMBER  FIRST, TWO THOUSAND FIFTEEN, 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  compen-
sation and pension benefits administered by the United States Department
of Veterans' Affairs in the previous year], INCREASED BY A PERCENTAGE TO
BE  DETERMINED  IN ACCORDANCE WITH A FORMULA ESTABLISHED BY THE DIVISION
OF VETERANS' AFFAIRS. THE FORMULA SHALL TAKE INTO  ACCOUNT  ALL  FACTORS
THE  DIVISION  OF  VETERANS' AFFAIRS DEEMS NECESSARY, INCLUDING, BUT NOT
LIMITED TO FACTORS SUCH AS THE PERCENTAGE BY WHICH BENEFIT AMOUNTS PAYA-
BLE UNDER TITLE II OF THE SOCIAL SECURITY ACT (42 USC 401 ET  SEQ.)  ARE
INCREASED  EFFECTIVE DECEMBER FIRST, TWO THOUSAND FIFTEEN. Such percent-
age 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] ON  DECEMBER  FIRST,
TWO  THOUSAND FIFTEEN, 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.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A3111B (ACTIVE) - Details

See Senate Version of this Bill:: S1200
Current Committee:: Assembly Veterans
Law Section:: Executive Law
Laws Affected:: Amd §362, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8942, S6680
2017-2018: A2866, S200

2015-A3111B (ACTIVE) - Summary

Provides for an increase in the rates of annuities payable to veterans and surviving spouses of veterans.

2015-A3111B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3111--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A. McDONALD, MOSLEY, CRESPO, RAIA, CROUCH, STEC,
  STECK, PERRY, LAWRENCE, GOTTFRIED, PAULIN, CERETTO,  GUNTHER,  CUSICK,
  THIELE,  SIMANOWITZ,  TEDISCO,  RA, HAWLEY, SKOUFIS, RUSSELL, BARCLAY,
  BUTLER -- Multi-Sponsored by -- M. of  A.  BENEDETTO,  HOOPER,  LOPEZ,
  RAMOS  -- read once and referred to the Committee on Veterans' Affairs
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Veterans' Affairs in accordance  with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the executive law,  in  relation  to  providing  for  an
  increase  in  the rates of annuities payable to veterans and surviving
  spouses of veterans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 362 of the executive law, as amended by chapter 251
of the laws of 2004, is amended to read as follows:
  S 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
FIVE HUNDRED 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02576-05-6

A. 3111--B                          2

  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  reconsider-
ation by the director of veterans' affairs.
  2.  Payment  to widows and widowers of blind veterans. a. The unremar-
ried 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
FIVE  HUNDRED  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  applica-
tion  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  applica-
tion  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]  ON
DECEMBER  FIRST, TWO THOUSAND SIXTEEN, 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  compen-
sation and pension benefits administered by the United States Department
of Veterans' Affairs in the previous year], INCREASED BY A PERCENTAGE TO
BE  DETERMINED  IN ACCORDANCE WITH A FORMULA ESTABLISHED BY THE DIVISION
OF VETERANS' AFFAIRS. THE FORMULA SHALL TAKE INTO  ACCOUNT  ALL  FACTORS
THE  DIVISION  OF  VETERANS' AFFAIRS DEEMS NECESSARY, INCLUDING, BUT NOT
LIMITED TO FACTORS SUCH AS THE PERCENTAGE BY WHICH BENEFIT AMOUNTS PAYA-
BLE UNDER TITLE II OF THE SOCIAL SECURITY ACT (42 USC 401 ET  SEQ.)  ARE
INCREASED  EFFECTIVE DECEMBER FIRST, TWO THOUSAND SIXTEEN. Such percent-
age 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] ON  DECEMBER  FIRST,
TWO  THOUSAND SIXTEEN, 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.
  S 2. This act shall take effect immediately.

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Assembly Bill A3111B

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Sponsored By

MCDONALD

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Walter T. Mosley

Marcos Crespo

Andrew Raia

Clifford Crouch

multi-Sponsors

Michael Benedetto

Earlene Hooper

Philip Ramos

2015-A3111 - Details

2015-A3111 - Summary

2015-A3111 - Bill Text download pdf

co-Sponsors

Walter T. Mosley

Marcos Crespo

Andrew Raia

Clifford Crouch

multi-Sponsors

Michael Benedetto

Earlene Hooper

Peter Lopez

Philip Ramos

2015-A3111A - Details

2015-A3111A - Summary

2015-A3111A - Bill Text download pdf

co-Sponsors

Walter T. Mosley

Marcos Crespo

Andrew Raia

Clifford Crouch

multi-Sponsors

Michael Benedetto

Edward Braunstein

Earlene Hooper

Peter Lopez

2015-A3111B (ACTIVE) - Details

2015-A3111B (ACTIVE) - Summary

2015-A3111B (ACTIVE) - Bill Text download pdf

Comments