§ 10-16-6-12 — Retirement

Indiana § 10-16-6-12

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 16: INDIANA MILITARY CODE
• Ch. 6: Organization and Personnel

Text

(a) A commissioned officer:
(1) who serves in the Indiana national guard for at least five (5)
years; or
(2) who becomes permanently disabled from performing the
officer's duties, irrespective of length of service;
may, upon retirement from the military service under conditions other
than conditions set forth in IC 10-17-12-7.5(2), whether by resignation
or otherwise, and upon application to the adjutant general, be carried
upon a roll to be established and maintained in the office of the
adjutant general. The roll shall be designated the Indiana national
guard retired list.
(b) The commissioned officer may wear, on occasion of ceremony,
the uniform of the highest rank held by the officer.
(c) An officer carried on the Indiana national guard retired list, if
qualified, is eligible for detail or appointment on the general staff or the
staff of any commander when not physically disqualified for military
duty. However, if an officer carried on the Indiana national guard
retired list is appointed to a staff position as described in this section,
the officer shall be recommissioned in the rank to which the officer has
been appointed. The officer shall hold this rank during the time of the
staff appointment unless the officer is promoted to a higher rank.
(d) If the officer retires for a second time from active service, the
officer shall be entered on the Indiana national guard retired list with
the officer's highest rank.
(e) An officer whose name appears on the national guard retired list
is not entitled to receive any military pay or emolument from the state
during the time the officer remains on the national guard retired list
unless the officer is specifically assigned to duty on orders from the
governor. If the officer is assigned to duty on orders from the governor,
the officer is entitled only to the military pay and allowance provided
by law for officers of the rank to which appointed.
[Pre-2003 Recodification Citation: 10-2-3-12.]

Legislative History

As added by P.L.2-2003, SEC.7. Amended by P.L.238-2025, SEC.21.