Section 214. Retired officers; compensation

1. An officer of the organized
  militia who:
    a.  has  been  a  commissioned  officer in active service for at least
  twenty years in the organized militia of the state of New York or in the
  army, air force, navy or marine corps of the United States for at  least
  twenty years and
    b.  has  received  an  annual  compensation  from  the  state  for the
  performance of military or naval duty
    (1) during fifteen  consecutive  years  of  such  service  immediately
  preceding  his  retirement  and  transfer  to  the state retired list as
  provided in this chapter or
    (2) for ten consecutive years of such  service  immediately  preceding
  his  retirement  and  transfer  to the state retired list as provided in
  this chapter, if he has had actual combat  experience  in  time  of  war
  while  in the army, air force, navy or marine corps of the United States
  or if he has served on the active list of  a  force  or  forces  of  the
  organized militia for at least ten years as an enlisted man and at least
  thirty  years as a commissioned officer, shall receive annually from the
  date of his retirement  and  transfer  to  the  state  retired  list  as
  provided  in  this  chapter  and during the time he remains on the state
  retired list seventy-five per centum  of  the  highest  annual  rate  of
  compensation paid to him by the state for the performance of military or
  naval duty.
    2.  Any  time  spent  in  the  service  of the national guard or naval
  militia of the state of New York on inactive  service,  during  the  ten
  years  immediately  preceding  his  retirement,  for  which  he received
  compensation from the state, and during which he  shall  have  performed
  the  same duties required of him after transfer to active service, shall
  be deemed, for the purposes of this  section,  to  have  been  spent  in
  active service.
    3.  The  time  spent by an officer in the military or naval service of
  the United States while he is a  state  employee  shall  be  counted  in
  computing  the  time  during  which  such officer has received an annual
  compensation from the state and in computing the period  of  service  on
  the  active  list  of  a  force  or  forces  of  the  organized  militia
  notwithstanding the  fact  that  such  officer  may  not  have  received
  compensation  from  the  state  or  may  not have been an officer of the
  organized militia during such period.
    4. A commissioned officer of the national guard of the  state  of  New
  York in active service or upon the state reserve list, who has served in
  the  active  national  guard  of  New  York  and in the federal military
  service for an aggregate period of twenty-five years,  of  which  period
  twenty  years  shall have been as a commissioned officer, and who during
  such period of service has  served  as  a  major  general  commanding  a
  tactical  division in the army of the United States, made up of units or
  troops of the New York national guard and which participated  under  his
  command  in actual combat service in time of war, shall receive annually
  from funds appropriated for the support of this  military  establishment
  of  the  state or for the national guard and naval militia of the state,
  from the date of his retirement upon  reaching  the  age  of  sixty-four
  years  and  during the time he remains on the retired list, seventy-five
  per centum of the annual pay of a major general on the  active  list  of
  the regular army of the United States.
    5.   If  an  officer  entitled  to  be  retired  and  to  receive  the
  compensation provided by this section dies  before  his  retirement  and
  transfer  to  the  state  retired  list as provided in this chapter, his
  widow shall receive annually during her  life  one-half  of  the  amount

  which  her husband would have received if he had been retired and on the
  state retired list at the time of his death.
    6.  The  provisions of this section shall not apply in the case of any
  person who on or after July first, nineteen hundred  fifty-four,  enters
  or  re-enters  service  at an annual compensation from the state for the
  performance of  military  or  naval  duty.  For  the  purposes  of  this
  subdivision, a person who entered or re-entered such service before such
  date  shall  be  deemed  to continue therein during the time he performs
  military duty under a leave of absence therefor pursuant to section  two
  hundred forty-two or section two hundred forty-three of this chapter.