§ 214 — Retired officers; compensation

§ 214. Retired officers; compensation. 1. An officer of the organized\nmilitia who:\n a. has been a commissioned officer in active service for at least\ntwenty years in the organized militia of the state of New York or in the\narmy, air force, space force, navy or marine corps of the United States\nfor at least twenty years and\n b. has received an annual compensation from the state for the\nperformance of military or naval duty\n (1) during fifteen consecutive years of such service immediately\npreceding his retirement and transfer to the state retired list as\nprovided in this chapter or\n (2) for ten consecutive years of such service immediately preceding\nsuch officer's retirement and transfer to the state retired list as\nprovided in this chapter, if such officer has had actual combat\nexperience in time of war while in the army, air force, space force,\nnavy or marine corps of the United States or if such officer has served\non the active list of a force or forces of the organized militia for at\nleast ten years as an enlisted person and at least thirty years as a\ncommissioned officer, shall receive annually from the date of such\nofficer's retirement and transfer to the state retired list as provided\nin this chapter and during the time such officer remains on the state\nretired list seventy-five per centum of the highest annual rate of\ncompensation paid to such officer by the state for the performance of\nmilitary or naval duty.\n 2. Any time spent in the service of the national guard or naval\nmilitia of the state of New York on inactive service, during the ten\nyears immediately preceding his retirement, for which he received\ncompensation from the state, and during which he shall have performed\nthe same duties required of him after transfer to active service, shall\nbe deemed, for the purposes of this section, to have been spent in\nactive service.\n 3. The time spent by an officer in the military or naval service of\nthe United States while he is a state employee shall be counted in\ncomputing the time during which such officer has received an annual\ncompensation from the state and in computing the period of service on\nthe active list of a force or forces of the organized militia\nnotwithstanding the fact that such officer may not have received\ncompensation from the state or may not have been an officer of the\norganized militia during such period.\n 4. A commissioned officer of the national guard of the state of New\nYork in active service or upon the state reserve list, who has served in\nthe active national guard of New York and in the federal military\nservice for an aggregate period of twenty-five years, of which period\ntwenty years shall have been as a commissioned officer, and who during\nsuch period of service has served as a major general commanding a\ntactical division in the army of the United States, made up of units or\ntroops of the New York national guard and which participated under his\ncommand in actual combat service in time of war, shall receive annually\nfrom funds appropriated for the support of this military establishment\nof the state or for the national guard and naval militia of the state,\nfrom the date of his retirement upon reaching the age of sixty-four\nyears and during the time he remains on the retired list, seventy-five\nper centum of the annual pay of a major general on the active list of\nthe regular army of the United States.\n 5. If an officer entitled to be retired and to receive the\ncompensation provided by this section dies before his retirement and\ntransfer to the state retired list as provided in this chapter, his\nwidow shall receive annually during her life one-half of the amount\nwhich her husband would have received if he had been retired and on the\nstate retired list at the time of his death.\n 6. The provisions of this section shall not apply in the case of any\nperson who on or after July first, nineteen hundred fifty-four, enters\nor re-enters service at an annual compensation from the state for the\nperformance of military or naval duty. For the purposes of this\nsubdivision, a person who entered or re-entered such service before such\ndate shall be deemed to continue therein during the time he performs\nmilitary duty under a leave of absence therefor pursuant to section two\nhundred forty-two or section two hundred forty-three of this chapter.\n