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2008 -- H 7615 | |
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LC01345 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2008 | |
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A N A C T | |
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RELATING TO MILITARY AFFAIRS AND DEFENSE - THE NATIONAL GUARD | |
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Introduced By: Representatives Carter, Gallison, Fellela, Serpa, and Moffitt | |
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Date Introduced: February 26, 2008 | |
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Referred To: House Veterans` Affairs | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Sections 30-3-37 and 30-3-38 of the General Laws in Chapter 30-3 entitled |
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"National Guard" are hereby amended to read as follows: |
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30-3-37. Retirement of enlisted persons. – (a) Any enlisted person who shall have |
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served in the national guard for fifteen (15) years may upon his or her own application to the |
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commander-in-chief, be placed upon the retired list of enlisted persons and withdrawn from |
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active service, provided, however, that if an enlisted person served in active federal service |
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during world war I, world war II or the Korean emergency and enlisted in the national guard |
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within six (6) months from the time of discharge from active federal service, that person shall be |
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entitled to have the intervening period counted as state service for the purposes of this section. |
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(b) Any senior non-commissioned officer (pay grade E-6 or higher) who shall have |
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served in the active armed forces of the United States during time of armed conflict and has also |
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served as a non-commissioned officer in the Rhode Island national guard for not less than twenty |
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(20) years and has remained in his/her highest grade for a period of two (2) years may, at the |
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appointment of the governor, be retired on the rolls of the Rhode Island national guard with the |
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rank next higher than the highest rank held by said non-commissioned officer during his/her time |
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of service. Subsequent to such appointment, said officer shall be entitled to all the privileges that |
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the customs and courtesies of the service may afford such higher grade. In no event, however, |
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shall this include pay and allowances for said higher grade unless said officer is specifically |
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recalled to duty by the governor during times of emergency. In no event shall any such non- |
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commissioned officer be retired with a rank higher than sergeant major. |
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30-3-38. Retirement of officers. -- (a) Every commissioned officer or warrant officer of |
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the national guard shall, upon reaching the age of retirement as provided by the laws of the |
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United States, be placed on the retired list with the rank held by him or her at the time of |
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retirement. |
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(b) Any commissioned officer of the national guard who shall have served in the militia |
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of the state for ten (10) years, or who shall have served as an enlisted person or officer for thirteen |
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(13) years, may, upon his or her own application to the commander-in-chief, be placed upon the |
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list of retired officers and withdrawn from active service with the highest rank held by that |
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officer. |
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(c) In computing the time necessary for retirement, officers shall be credited for all |
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service in the United States army, navy, air force, marine corps, and coast guard, and the Rhode |
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Island state guard in time of war. |
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(d) Any field grade commissioned officer who shall have served in the active armed |
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forces of the United States during time of armed conflict and has also served as a commissioned |
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officer in the Rhode Island national guard for not less than twenty (20) years and has remained in |
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his/her highest grade for a period of two (2) years may, at the appointment of the governor, be |
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retired on the rolls of the Rhode Island national guard with the rank next higher than the highest |
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rank held by said officer during his/her time of service. Subsequent to such appointment, said |
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officer shall be entitled to all the privileges that the customs and courtesies of the service may |
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afford such higher grade. In no event, however, shall this include pay and allowances for said |
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higher grade unless said officer is specifically recalled to duty by the governor during times of |
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emergency. In no event shall any such officer be retired with a rank higher than major general. |
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emergency, may be placed on duty by the governor. |
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SECTION 2. This act shall take effect upon passage. |
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LC01345 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MILITARY AFFAIRS AND DEFENSE - THE NATIONAL GUARD | |
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This act would broaden retirement qualifications for certain officers in the national guard. |
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This act would take effect upon passage. |
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LC01345 | |
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