2019 Indiana Code
Title 10. Public Safety
Article 16. Indiana Military Code
Chapter 7. Training and Active Duty of National Guard; Benefits of Members
10-16-7-23. Extension of federal benefits
Sec. 23. (a) As used in this section, "active duty" means:
(1) training or duty under federal law;
(2) state active duty under an order of a governor of another state as provided by law; or
(3) state active duty under section 7 of this chapter;
performed under an order of the governor.
(b) The rights, benefits, and protections of the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., apply to a member of:
(1) the Indiana National Guard; or
(2) the National Guard of another state;
ordered to active duty for at least thirty (30) consecutive days.
(c) With respect to a member or reserve member of:
(1) the Indiana National Guard; or
(2) the National Guard of another state;
ordered to state active duty, a person is not subject to remedies and penalties under this section or IC 10-16-20 for failure to comply with the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., unless the member or member's dependent provides documentation to the person that the person is a member or reserve member of the Indiana National Guard or the National Guard of another state, ordered to state active duty for at least thirty (30) consecutive days.
(d) The rights, benefits, and protections of the federal Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq., as amended and in effect on January 1, 2003, apply to a member of:
(1) the Indiana National Guard; or
(2) the National Guard of another state;
ordered to active duty.
(e) Nothing in this section shall be construed as a restriction or limitation on any of the rights, benefits, and protections granted to a member of:
(1) the Indiana National Guard; or
(2) the National Guard of another state;
under federal law.
As added by P.L.113-2003, SEC.1. Amended by P.L.156-2015, SEC.3; P.L.103-2016, SEC.1; P.L.116-2016, SEC.1; P.L.99-2016, SEC.2.
