N.Y.
Military Law Section 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 § 46 (Assemblies, annual training and other duty)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 § 46 (Assemblies, annual training and other duty)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 § 46 (Assemblies, annual training and other duty)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 § 46 (Assemblies, annual training and other duty)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 § 212 (Pay of troops when used in civil disorders)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 § 1 (Definitions)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 § 301 (Definitions)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.
Source:
Section 210 — Pay and allowances, https://www.nysenate.gov/legislation/laws/MIL/210 (updated Sep. 22, 2014; accessed Apr. 20, 2024).
