N.Y. Military Law § 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, space 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

such officer's retirement and transfer to the state retired list as

provided in this chapter, if such officer has had actual combat

experience in time of war while in the army, air force, space force,

navy or marine corps of the United States or if such officer has served

on the active list of a force or forces of the organized militia for at

least ten years as an enlisted person and at least thirty years as a

commissioned officer, shall receive annually from the date of such

officer's retirement and transfer to the state retired list as provided

in this chapter and during the time such officer remains on the state

retired list seventy-five per centum of the highest annual rate of

compensation paid to such officer 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.