Alabama § 31-3-2 - Right of Dependents to Compensation; Amount of Compensation.

§ 31-3-2. Right of Dependents to Compensation; Amount of Compensation.

In the event an Alabama national guardsman is killed, either accidentally or deliberately, while on state active duty status as defined by Section 31-12-1, his or her dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury, as provided in this chapter, unless the death was caused by the wilful misconduct of the guardsman or was due to his or her own intoxication or his or her wilful failure or refusal to use safety appliances provided by his or her commanding officer or other person in charge, or his or her wilful refusal or neglect to perform a statutory duty or any other wilful violation of a law, or his or her wilful breach of a reasonable rule or regulation governing the performance of his or her duties as such guardsman, of which rule or regulation he or she had knowledge. Any Alabama national guardsman whose death results proximately and within three years from an injury received while on state active duty status, for the purposes of this chapter, shall be deemed to have been killed while on state active duty status; provided, however, that the compensation provided for by this chapter shall be limited to state duty and shall not be extended to cover any federal duty status.