2013 New York Consolidated Laws
MIL - Military
Article 1 - (1 - 24) THE MILITIA OF THE STATE
21 - State retired list.

 
    § 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.