§ 23. Persons who may receive annuity. 1. a. The word "veteran" means
a veteran as defined in section one of this article who is a resident,
and who (i) has been or may be released from such service under other
than dishonorable conditions, or (ii) has a qualifying condition, as
defined in section one of this article, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section one of this article, and
has received a discharge other than bad conduct or dishonorable from
such service, and who (iv) was a recipient of the armed forces
expeditionary medal, the navy expeditionary medal or the marine corps
expeditionary medal for participation in operations in Lebanon from June
first, nineteen hundred eighty-three to December first, nineteen hundred
eighty-seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-three, or
in Panama from December twentieth, nineteen hundred eighty-nine to
January thirty-first, nineteen hundred ninety, or (v) served on active
duty for ninety days or more in the uniformed services of the United
States during any one of the following wars or hostilities:

(1) in the Spanish-American war from the twenty-first day of April,
eighteen hundred ninety-eight to the eleventh day of April, eighteen
hundred ninety-nine, inclusive;

(2) in the Philippine insurrection or the China relief expedition from
the eleventh day of April, eighteen hundred ninety-nine to the fourth
day of July, nineteen hundred two, inclusive;

(3) in the Mexican border campaign from the ninth day of May, nineteen
hundred sixteen, to the fifth day of April, nineteen hundred seventeen,
inclusive;

(4) in World War I from the sixth day of April, nineteen hundred
seventeen to the eleventh day of November, nineteen hundred eighteen,
inclusive;

(5) in World War II from the seventh day of December, nineteen hundred
forty-one to the thirty-first day of December, nineteen hundred
forty-six, inclusive, or who was employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or
Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the
period of armed conflict, December seventh, nineteen hundred forty-one,
to August fifteenth, nineteen hundred forty-five, aboard merchant
vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
as such terms are defined under federal law (46 USCA 10301 & 10501) and
further to include "near foreign" voyages between the United States and
Canada, Mexico, or the West Indies via ocean routes, or public vessels
in oceangoing service or foreign waters and who has received a
Certificate of Release or Discharge from Active Duty and a discharge
certificate, or an Honorable Service Certificate/Report of Casualty,
from the Department of Defense, or who served as a United States
civilian employed by the American Field Service and served overseas
under United States Armies and United States Army Groups in World War II
during the period of armed conflict, December seventh, nineteen hundred
forty-one through May eighth, nineteen hundred forty-five, and who (i)
was discharged or released therefrom under honorable conditions, or (ii)
has a qualifying condition, as defined in section one of this article,
and has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section one of this article, and has received a discharge other than bad
conduct or dishonorable from such service, or who served as a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
American World Airways or one of its subsidiaries or its affiliates and
served overseas as a result of Pan American's contract with Air
Transport Command or Naval Air Transport Service during the period of
armed conflict, December fourteenth, nineteen hundred forty-one through
August fourteenth, nineteen hundred forty-five, and who (iv) was
discharged or released therefrom under honorable conditions, or (v) has
a qualifying condition, as defined in section one of this article, and
has received a discharge other than bad conduct or dishonorable from
such service, or (vi) is a discharged LGBT veteran, as defined in
section one of this article, and has received a discharge other than bad
conduct or dishonorable from such service;

(6) in the Korean hostilities from the twenty-seventh day of June,
nineteen hundred fifty to the thirty-first day of January, nineteen
hundred fifty-five, inclusive;

(7) in the Vietnam conflict from the first day of November, nineteen
hundred fifty-five to the seventh day of May, nineteen hundred
seventy-five;

(8) in the Persian Gulf conflict from the second day of August,
nineteen hundred ninety to the end of such conflict.

b. The word "veteran" shall also mean any person who meets the other
requirements of paragraph a of this subdivision, who served on active
duty for less than ninety days, if he or she was discharged or released
from such service for a service-connected disability or who served for a
period of ninety consecutive days or more and such period began or ended
during any war or period of hostilities as defined in paragraph a of
this subdivision.

c. The term "active duty" as used in this article shall mean full time
duty in the uniformed services, other than active duty for training;
provided, however, that "active duty" shall also include any period of
active duty for training during which the individual concerned was
disabled or died from a disease or injury incurred or aggravated during
such period.

2. No annuity shall be paid under this article to or for a person 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
when his or her imprisonment ends.

3. Where any veteran is disqualified for the annuity for any period
solely by reason of the provisions of subdivision two of this section,
the commissioner of veterans' services shall pay to his or her spouse,
if any, the annuity which such veteran would receive for that period but
for said subdivision two.

4. In case an unmarried, divorced or widowed veteran or a widow of a
deceased annuitant is being furnished hospital treatment, institutional
or domiciliary care by the United States or the state, the annuity
payable under this article to such veteran or widow or widower may be
discontinued after the first day of the seventh calendar month following
the month of admission of such veteran or widow for treatment or care.
Payment of such annuity shall be resumed if such veteran or widow or
widower is discharged from the hospital, institution or home, or if his
or her treatment or care therein is otherwise terminated.

5. Where payment of the annuity as hereinbefore authorized is to be
made to a mentally incompetent person or a conservatee, such payment may
be authorized by the commissioner of veterans' services of the state to
be paid only to a duly qualified court-appointed committee or
conservator, legally vested with the care of such incompetent's person
or property or of such conservatee's property, except that in the case
of an incompetent annuitant for whom a committee has not been appointed
or a person under a substantial impairment for whom a conservator has
not been appointed and who is hospitalized in a United States veterans
health administration hospital or in a hospital under the jurisdiction
of the state of New York, the commissioner of veterans' services of the
state may in his or her discretion certify payment of the annuity, as
hereinbefore authorized, to the manager of such United States veterans
health administration hospital or to the commissioner of such state
hospital for the account of the said incompetent or substantially
impaired annuitant.