IC 10-16-7
    Chapter 7. Training and Active Duty of National Guard; Benefitsof Members

IC 10-16-7-1
"Employer"
    Sec. 1. As used in section 6 of this chapter, "employer" refers toan employer:
        (1) other than the state or a county, township, municipality, orschool corporation in Indiana; and
        (2) that employs any employee other than an employee in atemporary position.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-2
"Member"
    Sec. 2. As used in section 5 of this chapter, "member" refers to thefollowing:
        (1) A member of the Indiana national guard.
        (2) A member of a reserve component.
        (3) A member of the retired personnel of the naval, air, orground forces of the United States.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-3
Drills; instruction; encampments; maneuvers; other exercises
    Sec. 3. (a) Each detachment and unit in the national guard shallassemble for drill and instruction, including indoor target practice,in accordance with national guard regulations.
    (b) In addition, each detachment and unit shall participate inencampments, maneuvers, or other exercises, including outdoortarget practice, in accordance with national guard regulations, unlessthe unit or detachment is excused from participation by the governor.
    (c) A commissioned officer and an enlisted person or a memberof the Indiana air national guard shall be present and perform all theduties required of the officer, person, or member at each assemblyfor drill and instruction, encampment, maneuvers, or other exercises,unless regularly excused by competent authority.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-4
Refusal to permit employees to attend drill or other duty
    Sec. 4. An employer who knowingly or intentionally refuses toallow a member of the Indiana national guard to attend any assemblyat which the member has a duty to perform under this chaptercommits a Class B misdemeanor.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-5
Government officers and employees; leave of absence for training

or active duty
    Sec. 5. (a) This section applies to all officers and employees of thestate or any county, township, municipality, or school corporation inIndiana who are members.
    (b) A member is entitled to receive from the member's employera leave of absence from the member's respective duties in addition toregular vacation period without loss of time or pay for the time thatthe member is:
        (1) on training duties of the state under the order of thegovernor as commander in chief; or
        (2) a member of any reserve component under the order of thereserve component authority;
for any consecutive or nonconsecutive period that does not exceeda total of fifteen (15) days in any calendar year. The entitlement toa leave of absence without loss of time or pay provided in thissubsection is not at the discretion of the member's employer.
    (c) A member is entitled to receive from the member's employera leave of absence from the member's respective duties in addition tothe member's regular vacation period for the total number of daysthat the member is on state active duty under section 7 of thischapter. A leave of absence provided under this subsection may bewith or without loss of time or pay at the discretion of the member'semployer.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-6
Leave of absence while on active duty; effect on time or pay
    Sec. 6. A member of the Indiana national guard is entitled toreceive from the member's employer a leave of absence from themember's respective duties in addition to the member's regularvacation period for the total number of days that the member is onstate active duty under section 7 of this chapter. The leave of absencemay be with or without loss of time or pay at the discretion of themember's employer.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-7
Governor; ordering on state duty; immunity from civilprosecution; order or requisition by President of the United States
    Sec. 7. (a) The governor shall order on state duty all or part of thenational guard in the following cases:
        (1) War.
        (2) Invasion.
        (3) Insurrection.
        (4) Public disaster.
        (5) Breach of the peace or imminent danger of breach of thepeace.
        (6) Forcible obstruction of the execution of the laws, orreasonable belief that the execution of the laws will beobstructed.        (7) At any other time the governor considers necessary.
    (b) A member of the Indiana national guard who is ordered out onduty may not be held civilly liable for any act done by the person inthe discharge of the person's military duty. The member may not besubject to criminal prosecution if an alleged criminal act occurredwhile the member was carrying out the orders of a superior officerthat the member reasonably believed to be legal orders under all ofthe attendant facts and circumstances.
    (c) If the President of the United States calls, orders, orrequisitions troops, the governor shall first order into the service ofthe United States the organization and arms of the service specifiedin the president's requisition.
    (d) If a civil suit or proceeding is commenced in any court by anyperson against any member of the Indiana national guard actingunder the authority of an order described in subsection (b), theattorney general shall defend the member. If the action or proceedingis criminal, the governor shall designate counsel to represent theaccused and the state will be financially responsible for the expenseof the defense of any civil or criminal action incurred. The expensesfor the defense shall be paid by the adjutant general out ofappropriated funds.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-8
Arrest on civil process while on active duty
    Sec. 8. (a) On days of military duty, the Indiana national guard,called out by proper authority and performing military duty, isconsidered to be under military discipline. An officer or enlistedperson is not subject to arrest on any civil process during this time.
    (b) For purposes of this section:
        (1) an attachment for contempt for failure to obey the commandof a subpoena to testify is a civil process; and
        (2) a citation for a traffic violation is not a civil process.
As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.18.

IC 10-16-7-9
Sheriffs; requesting national guard be called to active duty
    Sec. 9. (a) If:
        (1) insurrection, rebellion, invasion, tumult, riot, resistance tolaw or process, breach of the peace, or public disaster, occursin the vicinity of a station of the Indiana national guard;
        (2) the exigencies of a situation make it impossible for thesenior commanding officer of the Indiana national guard stationto communicate with the governor or the adjutant general; and
        (3) the sheriff of the county involved or an officer acting onbehalf of the sheriff provides the senior commanding officer ofthe Indiana national guard station with a written request signedby the sheriff of the county involved or officer stating the factsand the nature of the service desired;
the senior commanding officer may order out the Indiana national

guard units at that station and cause them to perform whatever dutyis required by the circumstances.
    (b) A commanding officer who has called out Indiana nationalguard units as described in subsection (a) shall immediately reportwhat that officer has done and all the circumstances of the case to thegovernor. The actions performed shall be considered to have beentaken by order of the governor.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-10
Written orders calling to active duty; discretion in carrying outorders
    Sec. 10. An officer whose command is called out under section 9of this chapter and who is reporting to any civil officer may requirethe civil officer to make the order in writing and prescribe the outlineof the duties required of the officer and the officer's command. Theofficer may decline to obey the orders until the orders are put inwriting. Although the commanding officer must obey all lawfulwritten orders of the civil officer, the military officer may use theofficer's discretion as to the manner of carrying out the orders if theofficer complies with their spirit.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-11
Unlawful assembly; command to disperse
    Sec. 11. (a) Except as provided in subsection (b), before using anymilitary force to disperse an unlawful assembly (as defined inIC 35-45-1-1):
        (1) the civil officer calling out the military force or a lawenforcement officer; or
        (2) if a civil officer or law enforcement officer is not present,the officer in command of the troops or the officer's designee;
shall command the persons comprising the unlawful assembly todisperse and retire peaceably to their homes or businesses. Aparticular form of words is not required in ordering the dispersion ofany unlawful assembly.
    (b) A person is not required to order an unlawful assembly todisperse if:
        (1) giving the order to disperse would put the person inimminent danger of loss of life or great bodily harm; or
        (2) the unlawful assembly is engaged in the commission of anyfelony or is causing violence to a person or property.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-12
Riots and mobs; death, personal injuries, and property damage
    Sec. 12. (a) If a person taking part in an unlawful assemblydescribed in this chapter refuses to disperse after having beenordered to disperse in accordance with this chapter or if a commandto disperse is not required under this chapter and a civil officer to

whom military force is ordered to report, or if a civil officer is notpresent, then the military officer (or if the command is acting underthe direct order of the governor, then the officer within the limitsprovided in the officer's instructions) shall:
        (1) arrest persons taking part in the unlawful assembly; or
        (2) disperse the unlawful assembly.
    (b) If, in arresting a person or dispersing an unlawful assembly:
        (1) a person is killed, wounded, or otherwise injured; or
        (2) property is injured or destroyed;
by the civil officer or officer or member of the Indiana nationalguard, or other persons lawfully aiding them, the officer, member, orperson shall be held blameless.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-13
Assault on members; quelling attack
    Sec. 13. If a part of the Indiana national guard or a personlawfully aiding the Indiana national guard in the performance of itsduty as described in this chapter is attacked or in imminent danger ofattack, the commanding officer:
        (1) is not required to await orders from a civil authority; and
        (2) may quell the attack, disperse the attacking party, and takeany other necessary step for the safety of the officer's command.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-14
Right-of-way on streets and highways
    Sec. 14. (a) Except as provided in subsection (b), any part of theIndiana national guard parading or performing a lawful duty has theright-of-way in any street or highway through which the Indiananational guard passes.
    (b) The Indiana national guard may not interfere with thefollowing:
        (1) The carriage of United States mail.
        (2) The operations of any fire engine or fire department.
        (3) A police vehicle.
        (4) Any other emergency vehicle.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-15
Assembly regulating passage and occupancy of streets; offense
    Sec. 15. (a) If an unlawful assembly has occurred or is soimminent that the Indiana national guard has been called out underthis chapter, the civil officer under whose orders the Indiana nationalguard is acting or the commanding officer of the Indiana nationalguard, if it is advisable in subduing or preventing the unlawfulassembly, may:
        (1) prohibit a person from occupying or making use of a streetor place where the Indiana national guard is located; and
        (2) otherwise regulate the passage and occupancy of streets and

places.
    (b) A person who knowingly or intentionally enters a street orremains on a street after being informed that the Indiana nationalguard has prohibited this conduct commits a Class B misdemeanor.
    (c) The officer in command of the Indiana national guard mayimmediately arrest or order the arrest of a person who violatessubsection (b).
    (d) If the officer in command of the Indiana national guard hasarrested a person in accordance with this section, the officer shalldeliver the person to a civil magistrate.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-16
Election day; muster, assembly, review, or parade
    Sec. 16. (a) A muster or an assembly for instruction, review, orparade may not be held or called in any county on any day duringwhich a general election or special election is held in the county,except in case of or imminent danger of riot, invasion, insurrection,or public disaster.
    (b) An officer who orders a muster or an assembly on an electionday shall forfeit an amount as a court-martial adjudges.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-17
Pay and allowance
    Sec. 17. An officer or enlisted person in active service of the stateshall be paid the greater of:
        (1) the sum equivalent to the pay and allowances received byofficers and enlisted men of the same rank or grade in theservice of the armed forces of the United States; or
        (2) the sum per day equal to twelve (12) times the hourlyfederal minimum wage in effect at the time of active service.
However, with the approval of the budget committee, the adjutantgeneral may adjust the pay of an officer or enlisted person to meetthe pay and allowance adjustments of officers and enlisted personsof the same rank or grade for service in the armed forces of theUnited States.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-18
Injury, disability, or disease in line of duty; medical treatment;medical examiner or board; claims
    Sec. 18. (a) A member of the Indiana national guard who:
        (1) when on duty or assembled for duty, in case of riot, tumult,breach of peace, insurrection, invasion, public disaster orwhenever ordered by the governor, the commanding general ofthe national guard, or called to the aid of civil authorities, isinjured, is disabled, or contracts a disease because of themember's duty or assembly; or
        (2) without fault or neglect on that member's part, is wounded

or disabled while performing any lawfully ordered duty thattemporarily incapacitates the member from pursuing themember's usual business or occupation;
shall, during the period of incapacity, receive the pay to which themember was entitled while on or assembled for duty, plus any actualnecessary expenses for care and medical attention.
    (b) If a claim is made under this section, the adjutant general maycause examinations of the claimant to be made from time to time bya medical officer designated for that purpose by the adjutant general.The adjutant general may direct the removal of a claimant to andtreatment in a hospital designated by the adjutant general. If theclaimant refuses:
        (1) to allow an examination; or
        (2) to go to a designated hospital or to otherwise follow theadvice or treatment prescribed;
the claimant forfeits and is barred from all right to any claim orallowance under this section.
    (c) Under this chapter:
        (1) a disability may not be considered temporary if the disabilitycontinues for more than one (1) year from the date of receivingthe injury or of incurring or contracting the disease or disability;and
        (2) pay and expenses for care and medical attendance for morethan one (1) year is not allowed.
    (d) The adjutant general may appoint a medical examiner or aboard of three (3) officers, at least one (1) being a medical officer, toinquire into the merits of any claim arising under this section.However, the adjutant general may determine any claim withoutappointing a medical examiner and fix the amount to be allowedunder this section. A medical examiner or board appointed under thissection has the same power to take evidence, administer oaths, issuesubpoenas and compel witnesses to attend and testify and producebooks and papers and punish their failures to do so as is possessed bya general court-martial. The findings of the medical examiner orboard are subject to the approval of the adjutant general, who mayreturn the proceedings of the medical examiner or board for revisionand for taking further testimony. The amount found due a member bythe medical examiner or board and approved by the adjutant generalof the state shall be paid by the state in the same manner as othermilitary accounts are paid.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-19
Pensions; funeral expenses
    Sec. 19. (a) A member of the Indiana national guard who iswounded or disabled or was disabled in the service of the stateincluding service related to:
        (1) a riot;
        (2) a tumult;
        (3) a breach of the peace;        (4) a resistance to process;
        (5) an invasion;
        (6) a public disaster;
        (7) the aid of civil authority; or
        (8) a lawfully ordered parade, drill, encampment, or inspection;
within ten (10) years preceding the member's application for apension under this chapter shall, upon proof of the disability, beplaced on the roll of invalid pensioners of the state and shall receiveout of money in the state treasury not otherwise appropriated, uponthe audit of the adjutant general and approval of the governor, thesame pension or reward that a person under similar circumstanceswould receive from the United States. In case of a wound, an injury,or a disease that results in death, the surviving spouse, dependentchildren, or dependent parent of the member of the Indiana nationalguard shall receive the pension and reward dating from the time ofreceiving the injuries on account of which the pension or reward isallowed. An officer or enlisted person is not entitled while in activeservice to apply for or receive a pension.
    (b) If a member of the Indiana national guard dies in the activeservice of the state, the member's reasonable funeral expenses, notexceeding four thousand dollars ($4,000), shall be paid by the statein the manner as the governor directs.
    (c) This section does not make applicable any provision of thenational service life insurance law of the United States, and thepension or reward granted under this section shall be that providedfor by the pension laws of the United States in substance, withoutregard to form.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-20
False or fraudulent representations; increasing, reducing, orwithdrawing
    Sec. 20. (a) Before the name of a person is placed upon thepension roll under this chapter, proof must be made under regulationsas the adjutant general may prescribe that the applicant is entitled toa pension.
    (b) The adjutant general, with the approval of the governor, shallstrike from the pension roll the name of a person if it appears bysatisfactory proof that the person was placed on the pension rollthrough a false or fraudulent representation.
    (c) The adjutant general, with the approval of the governor, mayincrease, reduce, or withdraw any pension according to the right,justice, and practice in the United States Department of VeteransAffairs pension office.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-21
Pension examiners and boards; lump sum payments
    Sec. 21. (a) The adjutant general may appoint a pension examinerwho shall inquire into the merits of any claim for pay and care and

pension, whether pending or adjudicated. The pension examiner mayadminister oaths, orally examine witnesses, issue subpoenas, andtake affidavits and depositions in the course of an examination.
    (b) The adjutant general shall appoint examining boardsconsisting of not more than three (3) medical officers of the Indiananational guard, who shall, under the adjutant general's direction,make an examination of a claimant as directed by the adjutantgeneral. The examining board shall certify the result of itsexamination in the form prescribed by the adjutant general.
    (c) A person who is adversely affected by the report of one (1)medical officer is entitled, upon request, to an examination before aboard consisting of three (3) medical officers. The adjutant general,with the approval of the governor and with the consent of theapplicant, may commute any pension by payment of a lump sum tobe accepted by the applicant in full satisfaction of all claims.
As added by P.L.2-2003, SEC.7.

IC 10-16-7-22
Parenting time; making up lost parenting time
    Sec. 22. If a member of the Indiana National Guard or a memberof a reserve component of the armed forces of the United States:
        (1) is a noncustodial parent (as defined in IC 31-9-2-83);
        (2) misses parenting time as provided in an order issued underIC 31-14-14 or IC 31-17-4 due to participating in an activityrequired under this chapter; and
        (3) notifies the custodial parent at least seven (7) days beforethe member misses the anticipated parenting time described insubdivision (2), unless the member is unable to provide noticedue to a government emergency;
the member shall be allowed to make up the lost parenting time at themember's earliest convenience but not later than one (1) month afterthe member misses the parenting time under this section, ifexercising the lost parenting time does not conflict with the child'sschool schedule.
As added by P.L.2-2003, SEC.7. Amended by P.L.68-2005, SEC.4.

IC 10-16-7-23
Extension of federal benefits
    Sec. 23. (a) As used in this section, "active duty" means:
        (1) training or duty under federal law; or
        (2) state active duty under section 7 of this chapter;
performed under an order of the governor.
    (b) The rights, benefits, and protections of the federal Soldiers'and Sailors' Civil Relief Act, 50 U.S.C. App. 501 et seq., as amendedand in effect on January 1, 2003, apply to a member of the Indiananational guard ordered to active duty for at least thirty (30)consecutive days.
    (c) The rights, benefits, and protections of the federal UniformedServices Employment and Reemployment Rights Act, 38 U.S.C.4301 et seq., as amended and in effect on January 1, 2003, apply to

a member of the Indiana national guard ordered to active duty.
    (d) Nothing in this section shall be construed as a restriction orlimitation on any of the rights, benefits, and protections granted to amember of the Indiana national guard under federal law.
As added by P.L.113-2003, SEC.1.

IC 10-16-7-24
Administration of "PDHRA"
    Sec. 24. (a) As used in this section, "PDHRA" refers to the UnitedStates Department of Defense form "Post-Deployment HealthReassessment" (DD Form 2900) or a successor form adopted by theUnited States Department of Defense.
    (b) As used in this section, "trained health care provider" has themeaning set forth in the United States Department of DefenseInstruction 6490.03 or a successor instruction adopted by the UnitedStates Department of Defense.
    (c) The adjutant general shall require a member of the IndianaNational Guard who completes a PDHRA to participate in aface-to-face clinical interview with a trained health care providerconcerning the Indiana National Guard member's PDHRA.
    (d) The adjutant general may contract with a trained health careprovider to provide the clinical interview described in subsection (c).
As added by P.L.54-2010, SEC.1.