(1) who serves in the Indiana national guard for at least five (5) years; or

(2) who becomes permanently disabled from performing the officer’s duties, irrespective of length of service;

may, upon honorable retirement from the service, whether by resignation or otherwise, and upon application to the adjutant general, be carried upon a roll to be established and maintained in the office of the adjutant general. The roll shall be designated the Indiana national guard retired list.

     (b) The commissioned officer may wear, on occasion of ceremony, the uniform of the highest rank held by the officer.

     (c) An officer carried on the Indiana national guard retired list, if qualified, is eligible for detail or appointment on the general staff or the staff of any commander when not physically disqualified for military duty. However, if an officer carried on the Indiana national guard retired list is appointed to a staff position as described in this section, the officer shall be recommissioned in the rank to which the officer has been appointed. The officer shall hold this rank during the time of the staff appointment unless the officer is promoted to a higher rank.

     (d) If the officer retires for a second time from active service, the officer shall be entered on the Indiana national guard retired list with the officer’s highest rank.

     (e) An officer whose name appears on the national guard retired list is not entitled to receive any military pay or emolument from the state during the time the officer remains on the national guard retired list unless the officer is specifically assigned to duty on orders from the governor. If the officer is assigned to duty on orders from the governor, the officer is entitled only to the military pay and allowance provided by law for officers of the rank to which appointed.

[Pre-2003 Recodification Citation: 10-2-3-12.]

As added by P.L.2-2003, SEC.7.