New York § 214 - 214Retired officers; compensation

§ 214. 214Retired officers; compensation

§ 214. Retired officers; compensation. 1. An officer of the organized militia who: a. has been a commissioned officer in active service for at least twenty years in the organized militia of the state of New York or in the army, air force, space force, navy or marine corps of the United States for at least twenty years and b. has received an annual compensation from the state for the performance of military or naval duty (1) during fifteen consecutive years of such service immediately preceding his retirement and transfer to the state retired list as provided in this chapter or (2) for ten consecutive years of such service immediately preceding such officer's retirement and transfer to the state retired list as provided in this chapter, if such officer has had actual combat experience in time of war while in the army, air force, space force, navy or marine corps of the United States or if such officer has served on the active list of a force or forces of the organized militia for at least ten years as an enlisted person and at least thirty years as a commissioned officer, shall receive annually from the date of such officer's retirement and transfer to the state retired list as provided in this chapter and during the time such officer remains on the state retired list seventy-five per centum of the highest annual rate of compensation paid to such officer by the state for the performance of military or naval duty. 2. Any time spent in the service of the national guard or naval militia of the state of New York on inactive service, during the ten years immediately preceding his retirement, for which he received compensation from the state, and during which he shall have performed the same duties required of him after transfer to active service, shall be deemed, for the purposes of this section, to have been spent in active service. 3. The time spent by an officer in the military or naval service of the United States while he is a state employee shall be counted in computing the time during which such officer has received an annual compensation from the state and in computing the period of service on the active list of a force or forces of the organized militia notwithstanding the fact that such officer may not have received compensation from the state or may not have been an officer of the organized militia during such period. 4. A commissioned officer of the national guard of the state of New York in active service or upon the state reserve list, who has served in the active national guard of New York and in the federal military service for an aggregate period of twenty-five years, of which period twenty years shall have been as a commissioned officer, and who during such period of service has served as a major general commanding a tactical division in the army of the United States, made up of units or troops of the New York national guard and which participated under his command in actual combat service in time of war, shall receive annually from funds appropriated for the support of this military establishment of the state or for the national guard and naval militia of the state, from the date of his retirement upon reaching the age of sixty-four years and during the time he remains on the retired list, seventy-five per centum of the annual pay of a major general on the active list of the regular army of the United States. 5. If an officer entitled to be retired and to receive the compensation provided by this section dies before his retirement and transfer to the state retired list as provided in this chapter, his widow shall receive annually during her life one-half of the amount which her husband would have received if he had been retired and on the state retired list at the time of his death. 6. The provisions of this section shall not apply in the case of any person who on or after July first, nineteen hundred fifty-four, enters or re-enters service at an annual compensation from the state for the performance of military or naval duty. For the purposes of this subdivision, a person who entered or re-entered such service before such date shall be deemed to continue therein during the time he performs military duty under a leave of absence therefor pursuant to section two hundred forty-two or section two hundred forty-three of this chapter.