New York Consolidated Laws, Military Law - MIL § 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.