214 - Retired 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, 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  his  retirement  and  transfer  to the state retired list as provided in  this chapter, if he has had actual combat  experience  in  time  of  war  while  in the army, air force, navy or marine corps of the United States  or if he has served on the active list of  a  force  or  forces  of  the  organized militia for at least ten years as an enlisted man and at least  thirty  years as a commissioned officer, shall receive annually from the  date of his retirement  and  transfer  to  the  state  retired  list  as  provided  in  this  chapter  and during the time he remains on the state  retired list seventy-five per centum  of  the  highest  annual  rate  of  compensation paid to him 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  amountwhich  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.