§ 217. Pensions. 1. Any member of the organized militia who (a) shall\nbe disabled or has been so disabled in the performance of any actual\nservice of this state within three years preceding the application for a\npension under this chapter, in case of riots, tumults, breach of the\npeace, resistance to process, invasion, insurrection or imminent danger\nthereof, or whenever called upon in aid of the civil authorities, or\nwhile engaged in any lawfully ordered parade, drill, encampment or\ninspection, shall, upon proof of the fact, as hereinafter provided, be\nplaced on the disability retired roll of the state and shall receive out\nof any moneys in the treasury of the state, not otherwise appropriated,\nupon the approval of the chief of staff and approval of the governor,\nthe same pension or reward that persons under similar circumstances\nreceive from the United States, or\n (b) was activated on state active duty on or after September eleventh,\ntwo thousand one, to participate in World Trade Center site rescue,\nrecovery, or cleanup operations as part of such state active duty, and\nwho is determined to have incurred a qualifying World Trade Center\ncondition, as hereinafter provided, shall be entitled to a performance\nof duty disability pension equivalent to three-quarters of the member's\nfinal annual pay as provided for under this chapter. The deadline for\nsubmitting any qualifying claim under this paragraph shall be on or\nbefore September eleventh, two thousand twenty-six. The adjutant general\nof the division of military and naval affairs is authorized to\npromulgate regulations to implement the provisions of this section.\n 2. In case any such member of the organized militia (a) shall die as\nthe result of any such wound, injury or disease within one year after it\nhas been incurred or contracted, the surviving spouse, children under\ntwenty-one years of age or dependent parent of such member of the\norganized militia shall receive such pension and reward as persons under\nsimilar circumstances receive from the United States, or\n (b) was activated on state active duty on or after September eleventh,\ntwo thousand one, to participate in World Trade Center site rescue,\nrecovery, or cleanup operations as part of such state active duty, and\nwhose death is determined to be the result of incurring a qualifying\nWorld Trade Center condition, as hereinafter provided, the surviving\nspouse, children under twenty-one years of age or dependent parent of\nsuch member of the organized militia shall be entitled to an accidental\ndeath benefit equivalent to one-half of the member's final annual pay as\nprovided under this chapter. The deadline for submitting any qualifying\nclaim under this paragraph shall be on or before September eleventh, two\nthousand twenty-six. The adjutant general of the division of military\nand naval affairs is authorized to promulgate regulations to implement\nthe provisions of this section.\n 3. None of the benefits provided by subdivision two of this section\nshall be paid or allowed unless a claim therefor is presented to the\nchief of staff within one year after the date of death of the member of\nthe organized militia. None of the benefits provided by subdivision one\nof this section or on a rehearing of a pension claim under section two\nhundred nineteen of this article shall be paid or allowed while the\napplicant is on the active list.\n 4. If any member of the militia shall die while in the active service\nof the state, his reasonable funeral expenses, in the same amount as is\npaid under similar circumstances by the United States shall be paid by\nthe state, in such manner as the governor may direct.\n 5. None of the benefits provided by this section and by section two\nhundred nineteen of this article shall be allowed or paid by the state\nwhen such benefits are paid from federal funds. Nothing contained in\nthis article shall be deemed to make applicable any of the provisions of\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.