2023 New York Laws › VET - Veterans' Services Law › Article 1 - Department of Veterans' Services › 21 - Creation of Annuity.

§  21.  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 commissioner of the department of veterans' services, 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 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 commissioner of  veterans'  services,
  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  commissioner  of
  veterans'  services,  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
  reconsideration by the commissioner of veterans' services.
2.   Payment  to  widows  and  widowers  of  blind  veterans.  a.  The
  unremarried  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 commissioner of
  veterans' services, also be paid out of the treasury of  the  state  the
  sum  of  one  thousand  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 commissioner of veterans' services, 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
  application 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 commissioner of veterans' services. If
  an 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 widow or widower shall be the date
  of receipt of the application for reconsideration by the commissioner of
  veterans' services.
3. Annual adjustment. Commencing in the year two  thousand  five,  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 compensation and pension benefits administered by
  the United States Department of Veterans' Affairs in the previous  year.

  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,  the
  commissioner  of  veterans'  services,  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.