§ 321 Military Pay For State Service

This law says that state‑active enlisted members get the same pay as similar rank members in the U.S. Army, Air Force, and Navy, and that the lowest ranks (E1‑E4) must be paid at least the daily rate of an E5 if they are called to active duty under certain sections.

Key Takeaways

•State enlisted members on active duty are paid like their federal counterparts of the same rank.
•Ranks E1‑E4 called to active duty must be paid at least the daily rate of a federal E5.
•If there’s no money set aside, the State Emergency Fund can be used to cover the extra pay.

Example

A state National Guard soldier who is an E2 is ordered to active duty because of a natural disaster.

Even though the soldier’s normal pay is for an E2, the law requires that while on active duty they must be paid at least the daily amount that an E5 in the federal military would receive.

How to Calculate

Pay to be received = max( (state pay for grade), (daily rate for federal grade E5) )

Find the soldier’s regular state pay for their grade (E1‑E4).
Look up the current daily pay rate for a federal E5 (U.S. Army, Air Force, or Navy).
Compare the two amounts and choose the larger one. That larger amount is the minimum daily pay the soldier must receive while on active duty.

An E3 guard normally gets $120 per day from the state. The federal daily rate for an E5 is $150.

Result: The guard must be paid $150 per day because it is higher than the $120 state rate.

Enlisted persons, while on active duty in the service of the state, shall receive the same pay and allowances as enlisted persons of similar grade in the United States Army, United States Air Force, and United States Navy, except that enlisted persons in the pay grade of E1 through E4 ordered to active duty pursuant to Section 143 or 146, while on active duty, shall receive not less than the minimum daily rate of pay applicable to a pay grade of E5 in the active military service of the United States. It is the intent of the Legislature that the foregoing minimum payments to enlisted persons in the pay grade of E1 through E4 may be paid from the State Emergency Fund when, in the judgment of the Director of Finance, there is a case of actual necessity for which no appropriation has been made. All full-time active duty previously or hereafter performed in the service of the state shall be credited for purposes of determining longevity and service within the provisions of this section and Section 340. (Amended by Stats. 2018, Ch. 118, Sec. 23. (SB 1501) Effective January 1, 2019.)

Key Takeaways

•State enlisted members on active duty are paid like their federal counterparts of the same rank.
•Ranks E1‑E4 called to active duty must be paid at least the daily rate of a federal E5.
•If there’s no money set aside, the State Emergency Fund can be used to cover the extra pay.

Example

A state National Guard soldier who is an E2 is ordered to active duty because of a natural disaster.

Even though the soldier’s normal pay is for an E2, the law requires that while on active duty they must be paid at least the daily amount that an E5 in the federal military would receive.

How to Calculate

Pay to be received = max( (state pay for grade), (daily rate for federal grade E5) )

Find the soldier’s regular state pay for their grade (E1‑E4).
Look up the current daily pay rate for a federal E5 (U.S. Army, Air Force, or Navy).
Compare the two amounts and choose the larger one. That larger amount is the minimum daily pay the soldier must receive while on active duty.

An E3 guard normally gets $120 per day from the state. The federal daily rate for an E5 is $150.

Result: The guard must be paid $150 per day because it is higher than the $120 state rate.

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 321 Military Pay For State Service

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References