2023 New York Laws › VET - Veterans' Services Law › Article 1 - Department of Veterans' Services › 8 - New York state supplemental burial allowance for members of the uniformed services of the United States killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC

§  8.  New York state supplemental burial allowance for members of the
uniformed services of the United States killed in combat or duty subject
to hostile fire or imminent danger, as defined in 37 USC §  310.  1.  As
used  in  this  section,  "parent"  means  a  father, a mother, a father
through adoption, a mother through adoption, or an individual who, for a
period of not less than one year, at  any  time  before  the  decedent's
entry into active military service stood in the relationship of a parent
to  a  decedent  who  died  in combat or duty subject to hostile fire or
imminent danger, as defined in 37 USC § 310, or who died  from  a  wound
incurred  in  combat or while serving on duty subject to hostile fire or
imminent danger, as defined in 37 USC § 310 or, if two persons stood  in
the  relationship  of a parent for one year or more, the person who bore
the expenses of the funeral of the decedent.
2. As used in this section, (a) "wound" means a physical injury  to  a
servicemember  on active duty caused by (i) a bullet, shrapnel, or other
projectile; (ii) a mine or trap; (iii) an explosion; (iv) a  vehicle  or
aircraft  accident not caused by the servicemember's willful misconduct;
or (v) any  other  action  caused  or  induced  by  the  enemy  directly
resulting in physical harm to the servicemember.
(b)  "burial  receptacle" means (i) a casket, which shall mean a rigid
container that is designed for  the  encasement  of  human  remains  and
customarily  ornamented  and lined with fabric, (ii) an urn, which shall
mean a container of wood, metal, pottery, or other material designed for
the storage of cremated human remains,  and/or  (iii)  an  outer  burial
receptacle,  which  shall  mean  a  graveliner,  burial  vault, or other
similar type of container for the placement of a casket or urn.
3. There is hereby established within the department a New York  state
supplemental  burial  allowance for any member of the uniformed services
of the United States who: (a) died in combat or duty subject to  hostile
fire or imminent danger, as defined in 37 USC § 310 or died from a wound
incurred  in  combat or while serving on duty subject to hostile fire or
imminent danger, as defined in 37 USC § 310, other than  the  exceptions
noted  in  paragraphs  (d),  (e)  and  (f)  of  subdivision four of this
section, and (b) who was (i) a resident of New York state at the time of
his or her death or (ii) a nonresident of New York state at the time  of
his or her death and a member of the New York Army National Guard or New
York  Air  National Guard at the time he or she entered title 10, United
States Code, federal active duty status during which period  of  service
he or she died.
4.  (a)  The  purpose  of  the  program is to administer and monitor a
supplemental allowance program to aid families of military personnel who
died in combat or duty subject to hostile fire or  imminent  danger,  as
defined in 37 USC § 310, or died from a wound incurred in combat or duty
subject  to hostile fire or imminent danger, as defined in 37 USC § 310,
with respect to expenses incurred  in  connection  with  the  decedent's
funeral and the burial, burial receptacle, cremation, or other interment
of the decedent's remains.
(b) Eligible recipients under this program shall be those who bore the
cost of the decedent's funeral and burial, burial receptacle, cremation,
or  other interment, in the following order of priority: (i) a surviving
spouse or domestic partner of the decedent; (ii) adult children  of  the
decedent,  to  include step-children and adopted children; (iii) parents
or   grandparents   of   the    decedent,    and    parents-in-law    or
grandparents-in-law  of  the decedent; (iv) siblings of the decedent, to
include siblings adopted by the decedent's immediate family and siblings
with  whom  the  decedent  shares  only  one  parent  in   common,   and
siblings-in-law of the decedent; (v) aunts, uncles, and first cousins of
the  decedent;  and  (vi) any other relative. Any applicant convicted of

making any false statement in  the  application  for  the  reimbursement
shall be subject to the penalties prescribed in the penal law.
(c)  Such  burial  allowance is a partial reimbursement of an eligible
decedent's funeral and burial, burial  receptacle,  cremation  or  other
interment  costs.  The  reimbursement  is  generally  applicable  to two
components: (i) funeral expenses, and (ii)  expenses  arising  from  the
burial,   burial  receptacle,  cremation,  or  other  interment  of  the
decedent's remains. Any allowance  granted  by  the  government  of  the
United  States, pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306, 2307 and
2308 or 10 U.S.C. § 1482, or by the decedent's state of residence in the
case of an allowance eligible pursuant to subparagraph (ii) of paragraph
(b) of subdivision three of this section, shall be first applied  toward
funeral  and  burial,  burial  receptacle,  cremation or other interment
costs. The state may award an allowance of up to six thousand dollars to
cover any remaining expenses.
(d) The state shall  not  award  any  funds  from  this  allowance  to
reimburse any costs for the headstone, grave marker, or medallion of the
decedent.
(e)  The  state shall not grant supplemental burial allowance payments
for the funeral or the burial, burial receptacle,  cremation,  or  other
interment  of  remains  of  any  decedent  whose  relations received any
reimbursement from this allowance for any previous  funeral  or  burial,
burial  receptacle,  cremation,  or  other interment of remains for this
same decedent.
(f) The state shall not grant supplemental burial  allowance  payments
for  any  person  filing a completed application for such allowance with
the state later than: (i) two years after the applicant  received  final
written  notice  from  the  United States Department of Veterans Affairs
regarding an application for reimbursement of funeral or burial,  burial
receptacle,  cremation or other interment expenses pursuant to 38 U.S.C.
§§2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C.  §  1482,  or  any
combination  thereof; or (ii) two years after the expiration date of the
filing deadline to apply for reimbursement of  funeral,  burial,  burial
receptacle, cremation or other interment expenses from the United States
Department  of  Veterans Affairs, as defined in 38 U.S.C. § 2304, if the
applicant never applied for reimbursement  of  funeral,  burial,  burial
receptacle,  cremation  or  interment  expenses  from  the United States
Department of Veterans Affairs. Any applications received subsequent  to
these prescribed periods shall be denied as time-barred.
(g)  Applicants  shall  furnish  evidence  of  the decedent's military
service and relevant after action reports or other documents  explaining
why  the application meets eligibility requirements for each case in the
manner and form prescribed by the  state  commissioner  or  his  or  her
designee.    Upon  being satisfied that the facts in the application are
true, the state commissioner or his or her designee shall certify to the
state comptroller the name and address of such recipient.  The  decision
of  the  state  commissioner  or  his  or  her  designee  on all matters
regarding any payment from this allowance shall be final.
(h) The state commissioner shall submit a report to the governor,  the
chairperson  of the senate finance committee, and the chairperson of the
assembly ways and means committee not later than  January  fifteenth  of
each year in which this section is in effect. Such report shall include,
but not be limited to, regulations promulgated pursuant to this section,
allowances paid, and an account of the monies spent and the relationship
of the distributees to the decedent.