§ 26. Payment to immediate family members of veterans. 1. Annuity\nestablished. (a) (i) A parent, spouse, or minor child identified in 10\nUSC 1126 as a gold star parent, spouse, or minor child; or (ii) a\nparent, spouse, or minor child of a veteran who died while on active\nduty, shall upon application to the state commissioner, be paid an\nannual annuity out of the treasury of the state for the sum of five\nhundred dollars for such term as such parent, spouse, or minor child\nshall be entitled thereto under the provisions of this article.\nCommencing in the year two thousand nineteen, the amount of any annuity\npayable under this section shall be the same amount as the annuity\npayable in the preceding year plus a percentage adjustment equal to the\nannual percentage increase, if any, for compensation and pension\nbenefits administered by the United States Department of Veterans\nAffairs in the previous year. Such percentage increase shall be rounded\nup to the next highest one-tenth of one percent and shall not be less\nthan one percent nor more than four percent. The commissioner of\nveterans' services, not later than February first of each year, shall\npublish by any reasonable means, including but not limited to posting on\nthe department's website, the amount of the annuity as adjusted payable\nunder this section. The term "parent" for the purposes of this section\nincludes mother, father, stepmother, stepfather, mother through adoption\nand father through adoption. The term "spouse" for the purposes of this\nsection means a person who was the spouse or domestic partner of the\nveteran at the time of such veteran's death regardless of whether such\nperson has remarried or entered into a new domestic partnership since\nsuch veteran's death. The term "minor child" for the purposes of this\nsection means a person who is under the age of eighteen years, or who,\nafter attaining the age of eighteen years and until completion of\neducation or training, but not after attaining the age of twenty-three\nyears, is pursuing a course of instruction at an approved educational\ninstitution and who is the biological, step, or adopted child of a\nveteran. The term "active duty" for purposes of this section shall have\nthe same meaning as such term is defined in section 101 of title 38 of\nthe United States code, and shall also include any period of active duty\nfor training during which the individual concerned died from a disease\nor injury incurred or aggravated in the line of duty, or any period of\ninactive duty training during which the individual concerned died from\nan injury incurred or aggravated in the line of duty or from an acute\nmyocardial infarction, a cardiac arrest, or a cerebrovascular accident\nwhich occurred during such training. The terms "active duty for\ntraining" and "inactive duty training" for the purposes of this section\nshall have the same meaning as such terms are defined in section 101 of\ntitle 38 of the United States code.\n (b) The entitlement of any parent, spouse, or minor child to receive\nthe annuity provided by paragraph (a) of this subdivision shall\nterminate upon such parent's, spouse's, or minor child's death or upon\nsuch parent's, spouse's, or minor child's ceasing to continue to be a\nresident of and domiciled in the state of New York, but such entitlement\nmay be reinstated upon application to the state commissioner, if such\nparent, spouse, or minor child shall thereafter resume such parent's,\nspouse's, or minor child's residence and domicile in the state.\n (c) The effective date of an award of the annuity to a parent, spouse,\nor minor child shall be the day after the date of death of the veteran\nif the application therefor is received within one year from date of\ndeath. If the application is received after the expiration of the first\nyear following the date of the death of the veteran, the effective date\nof an award of the annuity to a parent, spouse, or minor child shall be\nth
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