Officers and enlisted men of the national guard who are ordered into active service, in pursuance to the provisions of this title, shall be paid the same compensation, at the same rate of pay, as that paid to the officers and enlisted men of like rank and grade of the armed forces of the United States. Officers may not receive state military pay while attending annual encampments if United States armed forces regulation pay is received.

If a member of the South Dakota National Guard performs service pursuant to an agreement with a public agency, entered into under chapter 1-24, which agreement provides for either reimbursement to the National Guard of South Dakota or direct payment of pay and allowances to the member, the member may accept the payment in lieu of any pay or allowance entitlement under this chapter. This payment is not in lieu of any other benefit, right, privilege, or immunity conferred upon a member by law.

Terms Used In South Dakota Codified Laws 33-7-1

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

Source: SL 1887, ch 100, §§ 56, 59; CL 1887, §§ 1972, 1975; SL 1893, ch 117, § 15; RPolC 1903, §§ 2509, 2512; SL 1917, ch 297, § 67; RC 1919, § 10627; SDC 1939, § 41.0175; SL 1949, ch 154; SL 1957, ch 205; SL 1965, ch 172; SL 1973, ch 218; SL 1982, ch 252.