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 upon which the pension was awarded cannot be materially improved by such further care or treatment.
Last modified: February 3, 2019