2023 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.