32.810 Retirement from special duty; retirement pay; minimum active service; deduction of federal retirement pay; effective date of benefits; death before or after retirement; survivor's benefit for eligible surviving spouse.
Sec. 410.
(1) For purposes of this section, “eligible surviving spouse” means the person to whom the deceased officer or enlisted person was married preceding the death of the officer or enlisted person, or to whom the deceased retired officer or retired enlisted person was married at the time of retirement.
(2) An officer or enlisted person retired from special duty with the military establishment because of having reached maximum age or because of federal law or regulation shall receive retirement pay equal to that authorized to personnel of like grade, rank, and longevity who are retired from the active federal armed forces by appropriate federal regulation. Retirement under this section requires not less than 20 years active service with the national guard or state defense force, or both. Any retirement pay received from the federal government for military service shall be deducted when computing the amount received from the state. The deduction shall start on the first day of the month the person becomes eligible for federal retirement. Once established, the amount of the deduction shall not be changed; however, it shall not deprive the retired person from receiving a total of state and federal pay equal to that authorized to personnel of like grade, rank, and total longevity who are retired from the active federal armed forces. These retirement benefits from the state shall be effective on the date of retirement.
(3) If an officer or enlisted person who continues on special duty on or after the date the officer or enlisted person acquires 15 years of special duty dies before retirement as provided in section 306 and subsection (2) and leaves an eligible surviving spouse, the eligible surviving spouse shall be paid a survivor's benefit equal to 67% of the retired pay to which the officer or enlisted person would have been authorized had the officer or enlisted person retired the day preceding death.
(4) If an officer or enlisted person who retires is receiving retirement pay as provided in section 306 and subsection (2), dies and leaves an eligible surviving spouse, 50% of the retirement pay of the officer or enlisted person shall be continued to the eligible surviving spouse.
History: 1967, Act 150, Imd. Eff. June 30, 1967 ;-- Am. 1980, Act 145, Imd. Eff. June 5, 1980
32.810 Retirement from special duty; retirement pay; minimum active service; deduction of federal retirement pay; effective date of benefits; death before or after retirement; survivor's benefit for eligible surviving spouse.
Sec. 410.
(1) For purposes of this section, “eligible surviving spouse” means the person to whom the deceased officer or enlisted person was married preceding the death of the officer or enlisted person, or to whom the deceased retired officer or retired enlisted person was married at the time of retirement.
(2) An officer or enlisted person retired from special duty with the military establishment because of having reached maximum age or because of federal law or regulation shall receive retirement pay equal to that authorized to personnel of like grade, rank, and longevity who are retired from the active federal armed forces by appropriate federal regulation. Retirement under this section requires not less than 20 years active service with the national guard or state defense force, or both. Any retirement pay received from the federal government for military service shall be deducted when computing the amount received from the state. The deduction shall start on the first day of the month the person becomes eligible for federal retirement. Once established, the amount of the deduction shall not be changed; however, it shall not deprive the retired person from receiving a total of state and federal pay equal to that authorized to personnel of like grade, rank, and total longevity who are retired from the active federal armed forces. These retirement benefits from the state shall be effective on the date of retirement.
(3) If an officer or enlisted person who continues on special duty on or after the date the officer or enlisted person acquires 15 years of special duty dies before retirement as provided in section 306 and subsection (2) and leaves an eligible surviving spouse, the eligible surviving spouse shall be paid a survivor's benefit equal to 67% of the retired pay to which the officer or enlisted person would have been authorized had the officer or enlisted person retired the day preceding death.
(4) If an officer or enlisted person who retires is receiving retirement pay as provided in section 306 and subsection (2), dies and leaves an eligible surviving spouse, 50% of the retirement pay of the officer or enlisted person shall be continued to the eligible surviving spouse.
History: 1967, Act 150, Imd. Eff. June 30, 1967 ;-- Am. 1980, Act 145, Imd. Eff. June 5, 1980
32.810 Retirement from special duty; retirement pay; minimum active service; deduction of federal retirement pay; effective date of benefits; death before or after retirement; survivor's benefit for eligible surviving spouse.
Sec. 410.
(1) For purposes of this section, “eligible surviving spouse” means the person to whom the deceased officer or enlisted person was married preceding the death of the officer or enlisted person, or to whom the deceased retired officer or retired enlisted person was married at the time of retirement.
(2) An officer or enlisted person retired from special duty with the military establishment because of having reached maximum age or because of federal law or regulation shall receive retirement pay equal to that authorized to personnel of like grade, rank, and longevity who are retired from the active federal armed forces by appropriate federal regulation. Retirement under this section requires not less than 20 years active service with the national guard or state defense force, or both. Any retirement pay received from the federal government for military service shall be deducted when computing the amount received from the state. The deduction shall start on the first day of the month the person becomes eligible for federal retirement. Once established, the amount of the deduction shall not be changed; however, it shall not deprive the retired person from receiving a total of state and federal pay equal to that authorized to personnel of like grade, rank, and total longevity who are retired from the active federal armed forces. These retirement benefits from the state shall be effective on the date of retirement.
(3) If an officer or enlisted person who continues on special duty on or after the date the officer or enlisted person acquires 15 years of special duty dies before retirement as provided in section 306 and subsection (2) and leaves an eligible surviving spouse, the eligible surviving spouse shall be paid a survivor's benefit equal to 67% of the retired pay to which the officer or enlisted person would have been authorized had the officer or enlisted person retired the day preceding death.
(4) If an officer or enlisted person who retires is receiving retirement pay as provided in section 306 and subsection (2), dies and leaves an eligible surviving spouse, 50% of the retirement pay of the officer or enlisted person shall be continued to the eligible surviving spouse.
History: 1967, Act 150, Imd. Eff. June 30, 1967 ;-- Am. 1980, Act 145, Imd. Eff. June 5, 1980
