§ 210 — Pay and allowances

New York § 210

• Jurisdiction: New York
• Law MIL: Military
• Art. 10: Pay and Allowances

Text

§ 210. Pay and allowances. 1. Each member of the militia ordered into\nthe active service of the state pursuant to sections six and seven of\nthis chapter, shall receive for each day or part thereof of such duty\nthe same pay and allowances as are received by members of the\nappropriate force of the armed forces of the United States of\ncorresponding grade, rating and length of service, or one hundred\ntwenty-five dollars per day, whichever is greater.\n 2. Within the amount appropriated therefor, pay for the type of duty\ndescribed in subdivision two of section forty-six of this chapter of not\nless than two hours duration for each day of such duty shall be\none-thirtieth of the monthly basic pay prescribed for the members of the\nappropriate force of the armed forces of the United States of\ncorresponding grade, rating and length of service.\n 3. Within the amount appropriated therefor, pay and allowances for the\ntype of duty described in subdivision three of section forty-six of this\nchapter during each day or part thereof of such duty shall be the same\nas the pay and allowances prescribed for members of the appropriate\nforce of the armed forces of the United States of corresponding grade,\nrating and length of service.\n 4. Pay and allowances for each day or part thereof of special duty\ndescribed in subdivision four of section forty-six of this chapter shall\nbe the same as the pay and allowances prescribed for members of the\nappropriate force of the armed forces of the United States of\ncorresponding grade, rating and length of service.\n 5. In lieu of the provisions of subdivision four of this section, a\nmedical examiner may be paid for his services and necessary\ndisbursements and a judge advocate may be paid for legal services and\nnecessary disbursements in any suit, action or proceeding, such amounts\nas shall be approved by the governor.\n 6. Members of the militia shall not receive from the state the pay or\nthe pay and allowances provided for by this section when such pay or\nsuch pay and allowances are paid from federal funds.\n 7. Notwithstanding any of the provisions of this chapter, members of\nthe organized militia may with their consent perform without pay or\nwithout pay and allowances any of the types of military duty described\nin section forty-six of this chapter pursuant to orders issued by\ncompetent military authority, provided that necessary traveling\nexpenses, subsistence and per diem allowances may be furnished such\nmembers within the discretion of the adjutant general and within the\namount appropriated therefor.\n 8. Notwithstanding any other provisions of this chapter, members of\nthe organized militia ordered into the active service for military duty\nin a foreign area shall be paid by electronic fund transfer. Each\norganized militia member shall designate one or more financial\ninstitutions or other authorized payment agents and provide the payment\ncertifying or authorizing agency with information necessary for the\nrecipient to receive electronic funds transfer payments through each\ninstitution so designated. The adjutant general shall waive the\nrequirements of this subdivision for a member of the organized militia\nupon written request by such organized militia member or where such\nmember fails to designate one or more financial institutions or other\nauthorized payment agent within thirty days of the request for such\ninformation by the division of military and naval affairs. This\nsubdivision shall not apply to payments made pursuant to section two\nhundred twelve of this article.\n 9. Notwithstanding any provision of law to the contrary, each member\nof the force of the organized militia, as that term is defined in\nsubdivision nine of section one of this chapter, who is eligible for and\nhas not elected to decline service member's group life insurance through\nthe provisions of 38 U.S.C. § 1965 et.seq., shall, during periods of\nmilitary service, as that term is defined in subdivision one of section\nthree hundred one of this chapter, or whenever ordered to active duty,\nother than for training, pursuant to Title 32 of the United States Code,\nbe reimbursed by the state for certain service member's group life\ninsurance premium costs actually incurred during such periods. Said\nreimbursement payments shall be sufficient to assume the costs for up to\nfour hundred thousand dollars worth of term life insurance through the\nservice member's group life insurance program (38 U.S.C. § 1965 et.seq.)\nand shall be made pursuant to regulations promulgated pursuant to this\nsection by the adjutant general in consultation with the state\ncomptroller. The state shall not, by the terms of this subdivision, be\nresponsible for the procurement of service member's group life\ninsurance, or any other form of insurance. Premiums reimbursed for the\nprovision of service member's group life insurance shall be paid only to\nprovide coverage which is not paid for or reimbursed by any other\ngovernmental entity; however, in no event shall the premium amounts paid\npursuant to this subdivision exceed the amount necessary to provide a\nfour hundred thousand dollar portion of any service member's group life\ninsurance in effect. In no event shall a service member who declines\nservice member's group life insurance be entitled to any direct payment\npursuant to the terms of this section.\n