S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    200
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MARCHIONE,  AKSHAR,  BONACIC, CROCI, DeFRANCISCO,
   FUNKE, GALLIVAN, HANNON, LARKIN, RANZENHOFER, RITCHIE, SEWARD --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Veterans, Homeland Security and Military 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:
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04044-01-7

 S. 200                              2
 
 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 SEVENTEEN, 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  SEVENTEEN.   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] ON  DECEMBER  FIRST,
 TWO  THOUSAND  SEVENTEEN,  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.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  200--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. MARCHIONE, AKSHAR, AMEDORE, AVELLA, BONACIC, CROCI,
   DeFRANCISCO, FUNKE, GALLIVAN, HANNON, HELMING, LARKIN, MURPHY, O'MARA,
   ORTT, PHILLIPS, RANZENHOFER, RITCHIE, SEWARD -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Veter-
   ans,  Homeland  Security  and  Military  Affairs -- recommitted to the
   Committee on Veterans,  Homeland  Security  and  Military  Affairs  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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:
   § 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] STATE commission for the [visually  handicapped]  BLIND
 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 applica-
 ble 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.
                                                            LBD04044-02-8

 S. 200--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 EIGHTEEN, 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 EIGHTEEN. 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 EIGHTEEN, 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.
   § 2. This act shall take effect immediately.