§ 21. State retired list. 1. Any commissioned officer or warrant
officer of the organized militia who has reached the age of sixty-eight
years shall be retired for age and transferred to the state retired list
by the governor; provided, that any commissioned officer or warrant
officer of the organized militia may be retired for age at an age less
than sixty-eight years in order to conform with the laws and regulations
of the United States applicable to the organized militia and may be
transferred to the state retired list by the governor.

2. Any commissioned officer who shall have served in the same grade
for the continuous period of ten years, or in the military or naval
service of the state as a commissioned officer for fifteen years, or in
the case of an officer of the naval militia retiring such service may
have been in the naval service of the state and the United States
combined for fifteen years, provided at least ten years of such service
shall have been in the state, may, upon his own request, be retired from
active service and placed upon the retired list.

3. Upon the recommendation of the adjutant general, any commissioned
or warrant officer eligible to be transferred to the retired list under
the provisions of this section who has served for at least twenty-five
years in the organized militia or in the organized militia and the armed
forces of the United States combined may be transferred to the state
retired list by the governor in a grade one grade higher than the
highest grade previously held by him in the organized militia; provided,
that any person who has received a similar promotion at the time he was
placed upon the state reserve list shall not again be eligible for
promotion under this subdivision.

4. Upon the recommendation of the adjutant general, the governor may
order any person on the state retired list to active duty for the
purpose of serving on military courts or boards or performing staff duty
in or with the organized militia and in time of emergency to perform any
military duty in or with the organized militia. In any such case, the
person so ordered shall rank in his grade from the date of such order.

5. Time spent on the state retired list shall not be credited in the
computation of seniority, pay, length of service for promotion or
otherwise or any of the privileges and exemptions pertaining thereto,
except that the time during which he served on active duty by order of
the governor shall be so credited.

6. A commissioned officer or warrant officer on the state retired
list, except an officer who is receiving retirement compensation or
pension from the state pursuant to any provision of article ten of this
chapter may be dropped from the rolls, if he fails to report to the
chief of staff of the state as prescribed by regulations issued pursuant
to this chapter.

7. A commissioned officer receiving retired compensation pursuant to
the provisions of section two hundred fourteen of this chapter, may,
with his consent, and provided he is otherwise qualified, be ordered by
the governor to active duty in a force of the organized militia. While
performing active duty, such officer shall not be required to forfeit
his retired compensation, except during any period of duty when pay and
allowances (as differentiated from subsistence and per diem) are
authorized under the provisions of section two hundred ten of this
chapter.