Section 354-B. New York state supplemental burial allowance for members of the armed forces of the United States killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC § 310(a)(4)
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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 killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC § 310(a)(4), 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. There is hereby established within the division a New York state supplemental burial allowance for members of the armed forces of the United States killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC § 310(a)(4), who were residents of New York state at the time of his or her death. (a) The purpose of the program is to administer and monitor a supplemental allowance program to aid families of military personnel who were killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC § 310(a)(4), with respect to expenses incurred in connection with the burial of the decedent. (b) Eligible recipients under this program shall be those who bore the cost of the funeral, in order of priority: (i) surviving spouses or domestic partners of deceased military personnel who were killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC § 310(a)(4); (ii) adult children of the deceased military personnel who were killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC § 310(a)(4); (iii) parents of deceased military personnel who were killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC § 310(a)(4); and (iv) any other relative. An application shall be made available to an eligible recipient. 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 burial and funeral costs. The reimbursement is generally applicable to two components: (i) a burial and funeral expenses allowance, and (ii) a plot interment allowance. 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 shall be first applied toward burial and funeral costs. A state allowance of up to six thousand dollars may be awarded to cover any remaining expenses. (d) Evidence of the military service of the decedent for each case shall be furnished in the manner and form prescribed by the state director; upon being satisfied that the facts in the application are true, the state director shall certify to the state comptroller the name and address of such recipient. (e) The state director 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.