2013 New York Consolidated Laws
MIL - Military
Article 10 - (210 - 223) PAY AND ALLOWANCES
210 - Pay and allowances.

 
    § 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.