N.Y. MIL Law § 21 — New York Code / Act MIL / Article 1 / Section 21
State retired list
Status: in_force

§ 21. State retired list.  1. Any commissioned officer or warrant\nofficer of the organized militia who has reached the age of sixty-eight\nyears shall be retired for age and transferred to the state retired list\nby the governor; provided, that any commissioned officer or warrant\nofficer of the organized militia may be retired for age at an age less\nthan sixty-eight years in order to conform with the laws and regulations\nof the United States applicable to the organized militia and may be\ntransferred to the state retired list by the governor.\n  2. Any commissioned officer who shall have served in the same grade\nfor the continuous period of ten years, or in the military or naval\nservice of the state as a commissioned officer for fifteen years, or in\nthe case of an officer of the naval militia retiring such service may\nhave been in the naval service of the state and the United States\ncombined for fifteen years, provided at least ten years of such service\nshall have been in the state, may, upon his own request, be retired from\nactive service and placed upon the retired list.\n  3. Upon the recommendation of the adjutant general, any commissioned\nor warrant officer eligible to be transferred to the retired list under\nthe provisions of this section who has served for at least twenty-five\nyears in the organized militia or in the organized militia and the armed\nforces of the United States combined may be transferred to the state\nretired list by the governor in a grade one grade higher than the\nhighest grade previously held by him in the organized militia; provided,\nthat any person who has received a similar promotion at the time he was\nplaced upon the state reserve list shall not again be eligible for\npromotion under this subdivision.\n  4. Upon the recommendation of the adjutant general, the governor may\norder any person on the state retired list to active duty for the\npurpose of serving on military courts or boards or performing staff duty\nin or with the organized militia and in time of emergency to perform any\nmilitary duty in or with the organized militia. In any such case, the\nperson so ordered shall rank in his grade from the date of such order.\n  5. Time spent on the state retired list shall not be credited in the\ncomputation of seniority, pay, length of service for promotion or\notherwise or any of the privileges and exemptions pertaining thereto,\nexcept that the time during which he served on active duty by order of\nthe governor shall be so credited.\n  6. A commissioned officer or warrant officer on the state retired\nlist, except an officer who is receiving retirement compensation or\npension from the state pursuant to any provision of article ten of this\nchapter may be dropped from the rolls, if he fails to report to the\nchief of staff of the state as prescribed by regulations issued pursuant\nto this chapter.\n  7. A commissioned officer receiving retired compensation pursuant to\nthe provisions of section two hundred fourteen of this chapter, may,\nwith his consent, and provided he is otherwise qualified, be ordered by\nthe governor to active duty in a force of the organized militia. While\nperforming active duty, such officer shall not be required to forfeit\nhis retired compensation, except during any period of duty when pay and\nallowances (as differentiated from subsistence and per diem) are\nauthorized under the provisions of section two hundred ten of this\nchapter.\n