North Dakota Code 37-04.1-01 – Pay and allowances of national guard members – Deductions allowed
1. Each officer and enlisted member of the national guard, when called to state active duty by the governor, is entitled to receive pay and allowances at the highest rate provided for national guard members of the same grade in the national guard of the United States, except any enlisted member serving in a grade below E-3 will be paid the same as an enlisted member serving in the grade of E-3, and the daily pay rate for each of the grades listed must be increased as follows:
Terms Used In North Dakota Code 37-04.1-01
- National guard: means that part of the military forces of this state which is organized, equipped, and federally recognized under the provisions of the National Defense Act, as amended, of the United States as the "national guard, air national guard, of the United States and the state of North Dakota". See North Dakota Code 37-01-01
- On duty: includes periods of drill and of such other training and service as may be required under state or federal law, regulation, or order. See North Dakota Code 37-01-01
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- State active duty: means active service on behalf of the state under authority of the governor at the expense of the state. See North Dakota Code 37-01-01
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. E-3 – fifty-five percent. b. E-4 – forty-five percent. c. E-5 – thirty-five percent.
d. E-6 – twenty-five percent. e. E-7 – fifteen percent.
f. E-8 – ten percent.
2. If ordered by the governor in response to an emergency management assistance compact request and the requesting state pays state active duty pay at a higher rate than this state, national guard officers and enlisted members may receive the higher rate of pay when this state is reimbursed at the higher rate.
3. Each officer and enlisted member of the national guard is entitled to receive transportation, shelter, and subsistence. The value of articles issued to any national guard member and not returned in good order on demand, and all legal fines or forfeitures, may be deducted from the member’s pay.
4. Each officer and enlisted member of the national guard is entitled to receive a state active duty pay enhancement of three hundred dollars for every month spent on state active duty or a prorated amount for each day of state active duty up to three hundred dollars per month.
5. Each officer and enlisted member of the national guard, when called to state active duty by the governor, is entitled to receive the same incentive pay that an officer or enlisted member of the same grade and rating would be eligible to receive if called to active duty under federal authority in service of the United States, not to exceed the monthly amount authorized for the incentive under federal law.
6. Commissioned officers and enlisted members serving on state active duty for more than fourteen days may, at the discretion of their commanding officer, receive pay for necessary rest and recovery while on duty if it is deemed necessary to ensure the national guard members’ readiness to perform assigned duties while on state active duty.