Pay and Allowances for State Militia

Military and Veterans Code Division 2, Part 1, Chapter 5, Article 1, concerns pay and allowances for the state militia. Section 320 requires officers and warrant officers on active duty in the service of the State to receive the same pay and allowances as officers of similar grade in the United States Army, United States Air Force and United States Navy. 

Section 321 provides that enlisted persons, while on active duty in the service of the state, are required to receive the same pay and allowances as enlisted persons of similar grade in the United States Army, United States Air Force, and United States Navy, with specified exceptions.

Section 322 requires officers, warrant officers, and enlisted persons on active duty in the service of the state, to be reimbursed for their necessary traveling and other expenses in accordance with the rules and regulations adopted by the Department of Human Resources.

Section 323 provides that a qualified member of the California National Guard Weapons of Mass Destruction Civil Support Team, as certified by the United States Department of Defense, is eligible to receive an annual State Retention Bonus in the amount of $2,000 at the completion of each year of service on the team. The term “qualified member” is defined.

Section 324 specifies that, whenever an officer of the National Guard or Naval Militia is detailed for special duty in any matter relating to the National Guard or Naval Militia, by order of the Governor, that officer is to be allowed the same pay and allowances as officers of similar grade in the United States Army and United States Navy and actual traveling expenses.

An officer of the National Guard or Naval Militia may, with their consent, be detailed for special duty without expense to the state, provided, however, the officer may be paid actual traveling expenses. An officer of the National Guard or Naval Militia may, with their consent, be detailed for duty and may be paid compensation in a grade lower than the officer actually holds provided the officer voluntarily waives all compensation in excess of the lower grade.

Section 325 states that, when an officer or enlisted person of the United States Army, United States Navy, or United States Air Force, detailed by the Department of the Army, the Department of the Navy, or the Department of the Air Force for service with the National Guard or Naval Militia, is detailed by the Governor for special duty or requested to perform any duty involving travel not specially directed by the Department of the Army, the Department of the Navy, or the Department of the Air Force, the officer or enlisted person must be allowed their actual traveling expenses, but no per diem.

Section 326 states commissioned officers, warrant officers and enlisted persons and former commissioned officers, warrant officers and enlisted persons of the United States Army, United States Air Force, United States Navy, or any reserve component thereof, California National Guard, State Guard, California National Guard Reserve, California Defense and Security Corps, California State Guard, California Reserve and Retired List or the active militia, may, with their consent, be detailed for active duty with a security section which the Adjutant General is hereby authorized to maintain in the Adjutant General’s office.

Section 327 requires officers, warrant officers, and enlisted persons on active duty in the service of the state to be eligible for health care benefits 30 days after being called to active duty.

Section 328 specifies that the purpose of this section is to help defray the uniform and travel costs paid by volunteers in the State Guard and Naval Militia. The Military Department is required to provide a combined uniform and travel allowance to each volunteer member of the State Guard or Naval Militia, on or before the last day of the month following the volunteer member’s completion of one year of satisfactory service. The term “satisfactory service” is defined and the amount of the allowance is $125 per year.

Section 329 created the Military Department Workers’ Compensation Fund within the State Treasury. All moneys in the fund are continuously appropriated to the Military Department for expenditure for workers’ compensation claims that are wholly or partially reimbursed by the federal government for personnel within the Military Department. Moneys in the fund may only be expended by the Military Department for workers’ compensation claims.