NY Exec L § 364 (2021)
2021 New York Laws EXC - Executive Article 17 - Veterans' Services 364 - Persons Who May Receive Annuity.

§ 364. Persons  who may receive annuity. 1.  a. The word "veteran," as used in this article shall be taken to mean and include any  person  who is  a  resident of the state of New York, and who (i) has been or may be given an honorable, general or ordinary discharge or any other  form  of release  from  such  service,  except  a  dishonorable  discharge, a bad conduct discharge, an undesirable discharge, a discharge  without  honor or  a  discharge  for  the good of the service, or (ii) has a qualifying condition, as defined in section three hundred fifty  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 three  hundred  fifty  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 armed forces 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 three hundred fifty 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  three  hundred  fifty 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  three  hundred  fifty 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 three hundred fifty 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 armed forces, 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 director 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 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 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 director 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 director  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 director of such state hospital for  the  account  of  the  said  incompetent  or substantially impaired annuitant.