North Dakota § 37-04.1-01 Pay and allowances of national guard members - Deductions allowed

North Dakota Statutes

§ 37-04.1-01 — Pay and allowances of national guard members - Deductions allowed

North Dakota § 37-04.1-01

Title 37Military

Ch. 37-04.1National Guard Pay and Allowances

This text of North Dakota § 37-04.1-01 (Pay and allowances of national guard members - Deductions allowed) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 37-04.1-01 (2026).

Text

1.Each officer and enlisted member of the national guard, when called to state active duty by the governor, is entitled to receive pay and allowances at the highest rate provided for national guard members of the same grade in the national guard of the United States, except any enlisted member serving in a grade below E-3 will be paid the same as an enlisted member serving in the grade of E-3, and the daily pay rate for each of the grades listed must be increased as follows:

a.E-3 - fifty-five percent.

b.E-4 - forty-five percent.

c.E-5 - thirty-five percent.

d.E-6 - twenty-five percent.

e.E-7 - fifteen percent.

f.E-8 - ten percent.

2.If ordered by the governor in response to an emergency management assistance compact request and the requesting state pays state active duty pay at a

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1. Each officer and enlisted member of the national guard, when called to state active
duty by the governor, is entitled to receive pay and allowances at the highest rate
provided for national guard members of the same grade in the national guard of the
United States, except any enlisted member serving in a grade below E-3 will be paid
the same as an enlisted member serving in the grade of E-3, and the daily pay rate for
each of the grades listed must be increased as follows:
a. E-3 - fifty-five percent.
b. E-4 - forty-five percent.
c. E-5 - thirty-five percent.
d. E-6 - twenty-five percent.
e. E-7 - fifteen percent.
f. E-8 - ten percent.
2. If ordered by the governor in response to an emergency management assistance
compact request and the requesting state pays state active duty pay at a higher rate
than this state, national guard officers and enlisted members may receive the higher
rate of pay when this state is reimbursed at the higher rate.
3. Each officer and enlisted member of the national guard is entitled to receive
transportation, shelter, and subsistence. The value of articles issued to any national
guard member and not returned in good order on demand, and all legal fines or
forfeitures, may be deducted from the member's pay.
4. Each officer and enlisted member of the national guard is entitled to receive a state
active duty pay enhancement of three hundred dollars for every month spent on state
active duty or a prorated amount for each day of state active duty up to three hundred
dollars per month.
5. Each officer and enlisted member of the national guard, when called to state active
duty by the governor, is entitled to receive the same incentive pay that an officer or
enlisted member of the same grade and rating would be eligible to receive if called to
active duty under federal authority in service of the United States, not to exceed the
monthly amount authorized for the incentive under federal law.
6. Commissioned officers and enlisted members serving on state active duty for more
than fourteen days may, at the discretion of their commanding officer, receive pay for
necessary rest and recovery while on duty if it is deemed necessary to ensure the
national guard members' readiness to perform assigned duties while on state active
duty.