NY Mil L § 21 (2021)
2021 New York Laws MIL - Military Article 1 - The Militia of the State 21 - State Retired List.

§ 21. State  retired  list.    1.  Any commissioned officer or warrant   officer of the organized militia who has reached the age of  sixty-eight   years shall be retired for age and transferred to the state retired list   by  the  governor;  provided,  that  any commissioned officer or warrant   officer of the organized militia may be retired for age at an  age  less   than sixty-eight years in order to conform with the laws and regulations   of  the  United  States  applicable  to the organized militia and may be   transferred to the state retired list by the governor.2. Any commissioned officer who shall have served in  the  same  grade   for  the  continuous  period  of  ten years, or in the military or naval   service of the state as a commissioned officer for fifteen years, or  in   the  case  of  an officer of the naval militia retiring such service may   have been in the naval service  of  the  state  and  the  United  States   combined  for fifteen years, provided at least ten years of such service   shall have been in the state, may, upon his own request, be retired from   active service and placed upon the retired list.3. Upon the recommendation of the adjutant general,  any  commissioned   or  warrant officer eligible to be transferred to the retired list under   the provisions of this section who has served for at  least  twenty-five   years in the organized militia or in the organized militia and the armed   forces  of  the  United  States combined may be transferred to the state   retired list by the governor in  a  grade  one  grade  higher  than  the   highest grade previously held by him in the organized militia; provided,   that  any person who has received a similar promotion at the time he was   placed upon the state reserve list  shall  not  again  be  eligible  for   promotion under this subdivision.4.  Upon  the recommendation of the adjutant general, the governor may   order any person on the state  retired  list  to  active  duty  for  the   purpose of serving on military courts or boards or performing staff duty   in or with the organized militia and in time of emergency to perform any   military  duty  in  or with the organized militia. In any such case, the   person so ordered shall rank in his grade from the date of such order.5. Time spent on the state retired list shall not be credited  in  the   computation  of  seniority,  pay,  length  of  service  for promotion or   otherwise or any of the privileges and  exemptions  pertaining  thereto,   except  that  the time during which he served on active duty by order of   the governor shall be so credited.6. A commissioned officer or warrant  officer  on  the  state  retired   list,  except  an  officer  who  is receiving retirement compensation or   pension from the state pursuant to any provision of article ten of  this   chapter  may  be  dropped  from  the rolls, if he fails to report to the   chief of staff of the state as prescribed by regulations issued pursuant   to this chapter.7. A commissioned officer receiving retired compensation  pursuant  to   the  provisions  of  section  two hundred fourteen of this chapter, may,   with his consent, and provided he is otherwise qualified, be ordered  by   the  governor  to active duty in a force of the organized militia. While   performing active duty, such officer shall not be  required  to  forfeit   his  retired compensation, except during any period of duty when pay and   allowances  (as  differentiated  from  subsistence  and  per  diem)  are   authorized  under  the  provisions  of  section  two hundred ten of this   chapter.