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§  9.  New York state veteran burial fund. 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  nineteen  of  section  four of this
article, there is hereby established within the department  a  New  York
state  veterans  burial  fund  for  honorably  discharged members of the
uniformed services of the United States who were residents of  New  York
state  at the time of his or her death who (i) were honorably discharged
from such service, or (ii) had a qualifying  condition,  as  defined  in
section  one  of  this  article, and received a discharge other than bad
conduct or dishonorable from such service, or (iii) were discharged LGBT
veterans, as defined in section one of  this  article,  and  received  a
discharge other than bad conduct or dishonorable from such service.

(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 nineteen of section four 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 commissioner; upon being satisfied that the facts in the application are true, the state commissioner 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.