N.Y. Military Law § 215: Retirement of and pensions for certain veterans

§ 215. Retirement of and pensions for certain veterans. 1. Any

soldier, sailor or marine of the army or navy of the United States in

the civil war, Spanish-American war, or world war I, honorably

discharged from service, and any member of the organized militia of the

state having performed active service as such with his organization in

aid of federal or civil authorities, for a period of not less than ten

consecutive days, who shall have been employed for a period of twenty

years or more in the military or naval service of the state of New York

under pay from funds raised as provided for in this chapter for the pay

of such employees, may, upon reaching the age of sixty-four years upon

his own request and the approval of the adjutant general, or shall, upon

being discharged or released from such employment without fault on his

part after reaching the age of fifty years after serving as aforesaid,

or upon being incapacitated from performing the duties of his position

after twenty years of such service, be retired from such employment with

the approval of the adjutant general, and thereafter during his life

there shall be paid to him, in the same manner and by the same agency

and from the same source that the compensation of his former position

was customarily paid to him, an annual sum equal in amount to one-half

of the compensation paid to him in the last year of his employment.

2. 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 military or naval service of the state under pay from funds

raised as provided for in this chapter. 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.