Montana Code 10-1-506. Benefits for national guard performing state military duty
10-1-506. Benefits for national guard performing state military duty. (1) A member of the army national guard or air national guard who suffers a covered injury or illness while serving on state military duty, as defined in 10-1-1003, is entitled to worker’s compensation in the same manner as any other employee of the state.
Terms Used In Montana Code 10-1-506
- 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.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A member of the army national guard or air national guard who, as a result of an injury suffered while serving on state military duty, is temporarily unable to return to the civilian trade or business performed immediately before entering state military duty is entitled to a monthly payment from the department in an amount that is equivalent to the difference between the gross workers’ compensation benefits received for the injury and the pay and allowances of the member provided by 10-1-502. Entitlement to this payment is personal to the member and terminates upon termination of workers’ compensation benefits.
(3)A member of the army national guard or air national guard who, as a result of an injury suffered while serving on state military duty, is permanently disabled is entitled to a monthly payment from the department in an amount equal to the difference between the gross workers’ compensation benefits received for the injury and the amount that would be paid to a similarly situated member of the armed forces of the United States for the same injury if it was incurred in the line of duty.
(4)A member of the army national guard or air national guard is not entitled to any benefits under this section unless the injury or illness occurred while serving on state military duty. For the purpose of this section, whether an injury or illness occurred while serving on state military duty as a member of the army national guard or air national guard must be determined using the regulations, policies, and procedures prescribed by the federal military services.
(5)Nothing in this section may be construed to prejudice or limit the provision of any other rights or benefits to which the injured member is entitled. The benefits authorized by this section are in addition to any workers’ compensation benefits to which a member of the army national guard or air national guard would otherwise be entitled.
(6)The department may use funds appropriated under 10-3-312 to pay benefits provided under this section.
(7)The department may adopt rules necessary to implementing this section.