NY Mil L § 214 (2021)
2021 New York Laws MIL - Military Article 10 - Pay and Allowances 214 - Retired Officers; Compensation.

§ 214. Retired officers; compensation.  1. An officer of the organized militia who:   a.  has  been  a  commissioned  officer in active service for at least twenty years in the organized militia of the state of New York or in the army, air force, navy or marine corps of the United States for at  least twenty years and   b.  has  received  an  annual  compensation  from  the  state  for the performance of military or naval duty  (1) during fifteen  consecutive  years  of  such  service  immediately preceding  his  retirement  and  transfer  to  the state retired list as provided in this chapter or  (2) for ten consecutive years of such  service  immediately  preceding his  retirement  and  transfer  to the state retired list as provided in this chapter, if he has had actual combat  experience  in  time  of  war while  in the army, air force, navy or marine corps of the United States or if he has served on the active list of  a  force  or  forces  of  the organized militia for at least ten years as an enlisted man and at least thirty  years as a commissioned officer, shall receive annually from the date of his retirement  and  transfer  to  the  state  retired  list  as provided  in  this  chapter  and during the time he remains on the state retired list seventy-five per centum  of  the  highest  annual  rate  of compensation paid to him by the state for the performance of military or naval duty.   2.  Any  time  spent  in  the  service  of the national guard or naval militia of the state of New York on inactive  service,  during  the  ten years  immediately  preceding  his  retirement,  for  which  he received compensation from the state, and during which he  shall  have  performed the  same duties required of him after transfer to active service, shall be deemed, for the purposes of this  section,  to  have  been  spent  in active service.   3.  The  time  spent by an officer in the military or naval service of the United States while he is a  state  employee  shall  be  counted  in computing  the  time  during  which  such officer has received an annual compensation from the state and in computing the period  of  service  on the  active  list  of  a  force  or  forces  of  the  organized  militia notwithstanding the  fact  that  such  officer  may  not  have  received compensation  from  the  state  or  may  not have been an officer of the organized militia during such period.   4. A commissioned officer of the national guard of the  state  of  New York in active service or upon the state reserve list, who has served in the  active  national  guard  of  New  York  and in the federal military service for an aggregate period of twenty-five years,  of  which  period twenty  years  shall have been as a commissioned officer, and who during such period of service has  served  as  a  major  general  commanding  a tactical  division in the army of the United States, made up of units or troops of the New York national guard and which participated  under  his command  in actual combat service in time of war, shall receive annually from funds appropriated for the support of this  military  establishment of  the  state or for the national guard and naval militia of the state, from the date of his retirement upon  reaching  the  age  of  sixty-four years  and  during the time he remains on the retired list, seventy-five per centum of the annual pay of a major general on the  active  list  of the regular army of the United States.   5.   If  an  officer  entitled  to  be  retired  and  to  receive  the compensation provided by this section dies  before  his  retirement  and transfer  to  the  state  retired  list as provided in this chapter, his widow shall receive annually during her  life  one-half  of  the  amount  which  her husband would have received if he had been retired and on the state retired list at the time of his death.   6.  The  provisions of this section shall not apply in the case of any person who on or after July first, nineteen hundred  fifty-four,  enters or  re-enters  service  at an annual compensation from the state for the performance of  military  or  naval  duty.  For  the  purposes  of  this subdivision, a person who entered or re-entered such service before such date  shall  be  deemed  to continue therein during the time he performs military duty under a leave of absence therefor pursuant to section  two hundred forty-two or section two hundred forty-three of this chapter.