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California Military Department. (Photo: calguard.ca.gov)

California Militia Disability Equality

Pertains to any enlisted member of the California National Guard

By Chris Micheli, July 22, 2022 4:29 pm

California has numerous formal acts in statute. Military and Veterans Code Division 2, Part 1, Chapter 5, Article 4 provides the State Militia Disability Equality Act, which is contained in Sections 345 and 346. Article 4 was added in 2005 by Chapter 319. Section 345 names the act.

Section 346 provides that, when any officer, warrant officer, or enlisted member of the California National Guard or the organized militia who is not in active service in this state is wounded, injured, or disabled in the line of duty when performing military duty of any nature, the Military Department must determine both of the following amounts:

(1) The amount of disability benefits to which a member of the United States Armed Forces of the same or equivalent rank would be entitled from the federal government as a result of a comparable wound, injury, or disability.

(2) The amount of disability benefits to which the officer, warrant officer, or enlisted member is entitled from the federal government as a result of the wound, injury, or disability.

If the Military Department determines that the amount described in paragraph (1) is greater than the amount described in paragraph (2), that department must, upon an appropriation of funds to the department by the Legislature for this purpose, provide to the officer, warrant officer, or enlisted member an amount equal to the difference between those two amounts.

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