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This entry was published on 2014-09-22
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SECTION 210
Pay and allowances
Military (MIL) CHAPTER 36, ARTICLE 10
§ 210. Pay and allowances. 1. Each member of the militia ordered into
the active service of the state pursuant to sections six and seven of
this chapter, shall receive for each day or part thereof of such duty
the same pay and allowances as are received by members of the
appropriate force of the armed forces of the United States of
corresponding grade, rating and length of service, or one hundred
twenty-five dollars per day, whichever is greater.

2. Within the amount appropriated therefor, pay for the type of duty
described in subdivision two of section forty-six of this chapter of not
less than two hours duration for each day of such duty shall be
one-thirtieth of the monthly basic pay prescribed for the members of the
appropriate force of the armed forces of the United States of
corresponding grade, rating and length of service.

3. Within the amount appropriated therefor, pay and allowances for the
type of duty described in subdivision three of section forty-six of this
chapter during each day or part thereof of such duty shall be the same
as the pay and allowances prescribed for members of the appropriate
force of the armed forces of the United States of corresponding grade,
rating and length of service.

4. Pay and allowances for each day or part thereof of special duty
described in subdivision four of section forty-six of this chapter shall
be the same as the pay and allowances prescribed for members of the
appropriate force of the armed forces of the United States of
corresponding grade, rating and length of service.

5. In lieu of the provisions of subdivision four of this section, a
medical examiner may be paid for his services and necessary
disbursements and a judge advocate may be paid for legal services and
necessary disbursements in any suit, action or proceeding, such amounts
as shall be approved by the governor.

6. Members of the militia shall not receive from the state the pay or
the pay and allowances provided for by this section when such pay or
such pay and allowances are paid from federal funds.

7. Notwithstanding any of the provisions of this chapter, members of
the organized militia may with their consent perform without pay or
without pay and allowances any of the types of military duty described
in section forty-six of this chapter pursuant to orders issued by
competent military authority, provided that necessary traveling
expenses, subsistence and per diem allowances may be furnished such
members within the discretion of the adjutant general and within the
amount appropriated therefor.

8. Notwithstanding any other provisions of this chapter, members of
the organized militia ordered into the active service for military duty
in a foreign area shall be paid by electronic fund transfer. Each
organized militia member shall designate one or more financial
institutions or other authorized payment agents and provide the payment
certifying or authorizing agency with information necessary for the
recipient to receive electronic funds transfer payments through each
institution so designated. The adjutant general shall waive the
requirements of this subdivision for a member of the organized militia
upon written request by such organized militia member or where such
member fails to designate one or more financial institutions or other
authorized payment agent within thirty days of the request for such
information by the division of military and naval affairs. This
subdivision shall not apply to payments made pursuant to section two
hundred twelve of this article.

9. Notwithstanding any provision of law to the contrary, each member
of the force of the organized militia, as that term is defined in
subdivision nine of section one of this chapter, who is eligible for and
has not elected to decline service member's group life insurance through
the provisions of 38 U.S.C. § 1965 et.seq., shall, during periods of
military service, as that term is defined in subdivision one of section
three hundred one of this chapter, or whenever ordered to active duty,
other than for training, pursuant to Title 32 of the United States Code,
be reimbursed by the state for certain service member's group life
insurance premium costs actually incurred during such periods. Said
reimbursement payments shall be sufficient to assume the costs for up to
four hundred thousand dollars worth of term life insurance through the
service member's group life insurance program (38 U.S.C. § 1965 et.seq.)
and shall be made pursuant to regulations promulgated pursuant to this
section by the adjutant general in consultation with the state
comptroller. The state shall not, by the terms of this subdivision, be
responsible for the procurement of service member's group life
insurance, or any other form of insurance. Premiums reimbursed for the
provision of service member's group life insurance shall be paid only to
provide coverage which is not paid for or reimbursed by any other
governmental entity; however, in no event shall the premium amounts paid
pursuant to this subdivision exceed the amount necessary to provide a
four hundred thousand dollar portion of any service member's group life
insurance in effect. In no event shall a service member who declines
service member's group life insurance be entitled to any direct payment
pursuant to the terms of this section.