N.Y. Military Law § 210: Pay and allowances

§ 210. Pay and allowances. 1. Each member of the militia ordered into

the active service of the state pursuant to sections six and seven of

this chapter, shall receive for each day or part thereof of such duty

the same pay and allowances as are received by members of the

appropriate force of the armed forces of the United States of

corresponding grade, rating and length of service, or one hundred

twenty-five dollars per day, whichever is greater.

2. Within the amount appropriated therefor, pay for the type of duty

described in subdivision two of section forty-six of this chapter of not

less than two hours duration for each day of such duty shall be

one-thirtieth of the monthly basic pay prescribed for the members of the

appropriate force of the armed forces of the United States of

corresponding grade, rating and length of service.

3. Within the amount appropriated therefor, pay and allowances for the

type of duty described in subdivision three of section forty-six of this

chapter during each day or part thereof of such duty shall be the same

as the pay and allowances prescribed for members of the appropriate

force of the armed forces of the United States of corresponding grade,

rating and length of service.

4. Pay and allowances for each day or part thereof of special duty

described in subdivision four of section forty-six of this chapter shall

be the same as the pay and allowances prescribed for members of the

appropriate force of the armed forces of the United States of

corresponding grade, rating and length of service.

5. In lieu of the provisions of subdivision four of this section, a

medical examiner may be paid for his services and necessary

disbursements and a judge advocate may be paid for legal services and

necessary disbursements in any suit, action or proceeding, such amounts

as shall be approved by the governor.

6. Members of the militia shall not receive from the state the pay or

the pay and allowances provided for by this section when such pay or

such pay and allowances are paid from federal funds.

7. Notwithstanding any of the provisions of this chapter, members of

the organized militia may with their consent perform without pay or

without pay and allowances any of the types of military duty described

in section forty-six of this chapter pursuant to orders issued by

competent military authority, provided that necessary traveling

expenses, subsistence and per diem allowances may be furnished such

members within the discretion of the adjutant general and within the

amount appropriated therefor.

8. Notwithstanding any other provisions of this chapter, members of

the organized militia ordered into the active service for military duty

in a foreign area shall be paid by electronic fund transfer. Each

organized militia member shall designate one or more financial

institutions or other authorized payment agents and provide the payment

certifying or authorizing agency with information necessary for the

recipient to receive electronic funds transfer payments through each

institution so designated. The adjutant general shall waive the

requirements of this subdivision for a member of the organized militia

upon written request by such organized militia member or where such

member fails to designate one or more financial institutions or other

authorized payment agent within thirty days of the request for such

information by the division of military and naval affairs. This

subdivision shall not apply to payments made pursuant to section two

hundred twelve of this article.

9. Notwithstanding any provision of law to the contrary, each member

of the force of the organized militia, as that term is defined in

subdivision nine of section one of this chapter, who is eligible for and

has not elected to decline service member's group life insurance through

the provisions of 38 U.S.C. § 1965 et.seq., shall, during periods of

military service, as that term is defined in subdivision one of section

three hundred one of this chapter, or whenever ordered to active duty,

other than for training, pursuant to Title 32 of the United States Code,

be reimbursed by the state for certain service member's group life

insurance premium costs actually incurred during such periods. Said

reimbursement payments shall be sufficient to assume the costs for up to

four hundred thousand dollars worth of term life insurance through the

service member's group life insurance program (38 U.S.C. § 1965 et.seq.)

and shall be made pursuant to regulations promulgated pursuant to this

section by the adjutant general in consultation with the state

comptroller. The state shall not, by the terms of this subdivision, be

responsible for the procurement of service member's group life

insurance, or any other form of insurance. Premiums reimbursed for the

provision of service member's group life insurance shall be paid only to

provide coverage which is not paid for or reimbursed by any other

governmental entity; however, in no event shall the premium amounts paid

pursuant to this subdivision exceed the amount necessary to provide a

four hundred thousand dollar portion of any service member's group life

insurance in effect. In no event shall a service member who declines

service member's group life insurance be entitled to any direct payment

pursuant to the terms of this section.