Michael G. Putter Attorney at Law
Experienced Family Law Counsel For Rome, New York, And The Mohawk Valley
Call Today 315-371-1862 Or Toll Free 866-915-4085

Explaining the survivors pension in New York

Pensions are important accounts that public employees and members of the military earn during their time employed and while serving the country. These accounts are handed down by the holder to the beneficiary, typically a spouse. There are ways that the pension can be left to a dependent child. It all depends on the situation. If you've never heard of the survivors pension, we will explain it in today's post.

So, what exactly is the survivors pension? It is more commonly known as the death pension. It is a tax-free pension that pays benefits to low-income, unremarried spouses of deceased military veterans. The benefit could also be paid to the surviving children of the veteran if they are not married. The veteran must have served in wartime for the benefit to be paid to the surviving family members.

The other service requirements that the veteran, who is deceased, must have met in order for the benefit to be paid include the following:

  • If the service occurred prior to Sept. 7, 1980, the veteran is required to have served for at least 90 days, with one of those days being during wartime.
  • If the service occurred after Sept. 7, 1980, the veteran is required to have served for a period of 24 months or for the full period when called to active duty. The veteran must have also served at least one day of wartime.
  • The veteran must have been discharged from the military for conditions other than dishonorable discharge.

The unremarried spouse has eligibility to receive the benefit at any age. The unmarried child of the vet has to meet the following:

  • Under the age of 18 or under the age of 23 if attending a school approved by the VA.
  • Permanently disabled prior to 18 that leads to being unable to support themselves.

The survivors pension is an important account for the survivors of a veteran of the military in New York. You will want to make sure the pension is left to the correct person in Oneida so it doesn't get into the wrong hands.

No Comments

Leave a comment
Comment Information
FindLaw Network

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy