NY Mil L § 217 (2021)
2021 New York Laws MIL - Military Article 10 - Pay and Allowances 217 - Pensions.

§ 217. Pensions.   1. Any member of the organized militia who shall be   disabled or has been so  disabled  in  the  performance  of  any  actual   service of this state within three years preceding the application for a   pension  under  this  chapter,  in case of riots, tumults, breach of the   peace, resistance to process, invasion, insurrection or imminent  danger   thereof,  or  whenever  called  upon in aid of the civil authorities, or   while engaged in any  lawfully  ordered  parade,  drill,  encampment  or   inspection,  shall,  upon proof of the fact, as hereinafter provided, be   placed on the disability retired roll of the state and shall receive out   of any moneys in the treasury of the state, not otherwise  appropriated,   upon  the  approval  of the chief of staff and approval of the governor,   the same pension or reward  that  persons  under  similar  circumstances   receive from the United States.2.  In  case any such member of the organized militia shall die as the   result of any such wound, injury or disease within one year after it has   been incurred  or  contracted,  the  surviving  spouse,  children  under   twenty-one  years  of  age  or  dependent  parent  of such member of the   organized militia shall receive such pension and reward as persons under   similar circumstances receive from the United States.3. None of the benefits provided by subdivision two  of  this  section   shall  be  paid  or  allowed unless a claim therefor is presented to the   chief of staff within one year after the date of death of the member  of   the organized militia.  None of the benefits provided by subdivision one   of  this  section or on a rehearing of a pension claim under section two   hundred nineteen of this article shall be  paid  or  allowed  while  the   applicant is on the active list.4.  If any member of the militia shall die while in the active service   of the state, his reasonable funeral expenses, in the same amount as  is   paid  under  similar circumstances by the United States shall be paid by   the state, in such manner as the governor may direct.5. None of the benefits provided by this section and  by  section  two   hundred  nineteen  of this article shall be allowed or paid by the state   when such benefits are paid from federal funds.   Nothing  contained  in   this article shall be deemed to make applicable any of the provisions of   the  war risk insurance law of the United States.  The pension or reward   to be allowed under this section shall  be  that  provided  for  by  the   appropriate  retirement  or  pension laws of the United States so far as   the same may be applicable in substance, without regard to form.6. Before the name of any person is placed upon the disability retired   roll of the  state  under  this  section,  proof  shall  be  made  under   regulations  issued  pursuant  to  this  chapter  that  the applicant is   entitled to such pension or reward.    The  chief  of  staff,  with  the   approval  of  the governor, shall cause to be striken from such roll the   name of any person whenever it appears by satisfactory proof  that  such   name was put upon such roll through false or fraudulent representations.   The  chief  of  staff,  with the approval of the governor, may increase,   reduce or withdraw any pension or reward  according  to  the  right  and   justice  and  the  practice under the laws and regulations of the United   States.7. Any member of the organized militia who on or after  the  effective   date  of  this article is awarded a pension under the provisions of this   section and who subsequent to  such  award  requires  further  care  and   medical   attendance  by  reason  of  such  wound,  injury,  disease  or   disability, may, upon application to and upon approval by the  chief  of   staff,  be  allowed,  in  addition to such pension, actual and necessary   expenses for care and medical  attendance  resulting  from  such  wound,   injury,  disease  or  disability  until such time as the disability upon    which the pension was awarded cannot  be  materially  improved  by  such   further care or treatment.