Section 354-C. New York state veteran burial fund  


Latest version.
  • 1. As used in this
      section, "agent in control of the  disposition  of  remains"  means  the
      person  responsible  or  designated  to  control  the  disposition  of a
      deceased veteran's remains as defined and outlined in section  forty-two
      hundred  one  of  the  public health law. The term "interment" means the
      disposition of remains as defined in paragraph (g)  of  section  fifteen
      hundred  two  of  the  not-for-profit corporation law. The term "burial"
      shall include the process as defined in paragraph (e) of section fifteen
      hundred two of the not-for-profit corporation law.
        2. As provided  in  subdivision  thirteen  of  section  three  hundred
      fifty-three  of  this  article,  there  is hereby established within the
      division a New York state veterans burial fund for honorably  discharged
      members  of  the armed forces of the United States who were residents of
      New York state at the time of his or her death.
        (a) Eligible recipients under this program shall be those who bore the
      cost of the funeral as the  agent  in  control  of  the  disposition  of
      remains.   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.
        (b) Such optional burial allowance is a reimbursement of  an  eligible
      decedent's  burial  and  interment costs not to exceed two thousand five
      hundred dollars  in  a  New  York  state  not-for-profit  cemetery.  The
      reimbursement  is generally available as a plot interment allowance. Any
      allowance granted by the government of the United States, pursuant to 38
      U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482  shall  be
      first  applied  toward interment costs. An additional allowance of up to
      the  cost  of  the  actual  burial  and  interment  as  provided   under
      subdivision  thirteen  of  section  three  hundred  fifty-three  of this
      article may be awarded to cover any remaining expenses.
        (c) 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 agent in control of the disposition of remains for
      reimbursement as provided in this section.