217 - Pensions.

§ 217. Pensions.   1. Any member of the organized militia who shall be  disabled or has been so  disabled  in  the  performance  of  any  actual  service of this state within three years preceding the application for a  pension  under  this  chapter,  in case of riots, tumults, breach of the  peace, resistance to process, invasion, insurrection or imminent  danger  thereof,  or  whenever  called  upon in aid of the civil authorities, or  while engaged in any  lawfully  ordered  parade,  drill,  encampment  or  inspection,  shall,  upon proof of the fact, as hereinafter provided, be  placed on the disability retired roll of the state and shall receive out  of any moneys in the treasury of the state, not otherwise  appropriated,  upon  the  approval  of the chief of staff and approval of the governor,  the same pension or reward  that  persons  under  similar  circumstances  receive from the United States.    2.  In  case any such member of the organized militia shall die as the  result of any such wound, injury or disease within one year after it has  been incurred  or  contracted,  the  surviving  spouse,  children  under  twenty-one  years  of  age  or  dependent  parent  of such member of the  organized militia shall receive such pension and reward as persons under  similar circumstances receive from the United States.    3. None of the benefits provided by subdivision two  of  this  section  shall  be  paid  or  allowed unless a claim therefor is presented to the  chief of staff within one year after the date of death of the member  of  the organized militia.  None of the benefits provided by subdivision one  of  this  section or on a rehearing of a pension claim under section two  hundred nineteen of this article shall be  paid  or  allowed  while  the  applicant is on the active list.    4.  If any member of the militia shall die while in the active service  of the state, his reasonable funeral expenses, in the same amount as  is  paid  under  similar circumstances by the United States shall be paid by  the state, in such manner as the governor may direct.    5. None of the benefits provided by this section and  by  section  two  hundred  nineteen  of this article shall be allowed or paid by the state  when such benefits are paid from federal funds.   Nothing  contained  in  this article shall be deemed to make applicable any of the provisions of  the  war risk insurance law of the United States.  The pension or reward  to be allowed under this section shall  be  that  provided  for  by  the  appropriate  retirement  or  pension laws of the United States so far as  the same may be applicable in substance, without regard to form.    6. Before the name of any person is placed upon the disability retired  roll of the  state  under  this  section,  proof  shall  be  made  under  regulations  issued  pursuant  to  this  chapter  that  the applicant is  entitled to such pension or reward.    The  chief  of  staff,  with  the  approval  of  the governor, shall cause to be striken from such roll the  name of any person whenever it appears by satisfactory proof  that  such  name was put upon such roll through false or fraudulent representations.  The  chief  of  staff,  with the approval of the governor, may increase,  reduce or withdraw any pension or reward  according  to  the  right  and  justice  and  the  practice under the laws and regulations of the United  States.    7. Any member of the organized militia who on or after  the  effective  date  of  this article is awarded a pension under the provisions of this  section and who subsequent to  such  award  requires  further  care  and  medical   attendance  by  reason  of  such  wound,  injury,  disease  or  disability, may, upon application to and upon approval by the  chief  of  staff,  be  allowed,  in  addition to such pension, actual and necessary  expenses for care and medical  attendance  resulting  from  such  wound,  injury,  disease  or  disability  until such time as the disability uponwhich the pension was awarded cannot  be  materially  improved  by  such  further care or treatment.