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HomeMilitary and Veterans CodeDiv. 2Pt. 1Ch. 5Art. 3§ 341 Militia Benefits Earnings Presumption

§ 341 Militia Benefits Earnings Presumption

Military and Veterans Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 341 Militia Benefits Earnings Presumption

This law says that when a militia member is hurt or dies, the government assumes they earned at least $2,500 a year and that the injury happened while they were doing their duty, unless they broke the rules.

Key Takeaways

  • •Benefits are calculated using a minimum earnings assumption of $2,500 per year.
  • •Injuries are presumed to be work‑related unless the member committed misconduct or disobeyed lawful orders.
  • •Misconduct can remove the presumption of duty‑related injury.

Example

A militia member slips and breaks a leg during a weekend training drill.

The law presumes the member earned at least $2,500 annually and that the injury occurred in the line of duty, so they qualify for benefits unless they were drunk or disobeyed a direct order.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 341 Militia Benefits Earnings Presumption

In the determination of the benefits to be awarded any member of the militia or his dependents under the provisions of Section 340, it shall be conclusively presumed that the average yearly earning of such injured or deceased member is not less than two thousand five hundred dollars ($2,500). Any injury, death, or disability shall be deemed to have been suffered in line of duty unless the same resulted from misconduct or disobedience of lawful orders by the injured or deceased member. (Amended by Stats. 1952, 1st Ex. Sess., Ch. 22.)

Last verified: January 11, 2026

Key Terms

benefitsmilitiaaverage yearly earningline of dutymisconductdisobedience of lawful orders

Related Statutes

  • § 340 Military Service Injury Compensation
  • § 340.1 Military Injury Pay Continuation
  • § 340.2 National Guard Injury Benefits
  • § 342 Military Benefits Appeals Process
  • § 960 Military Grave Maintenance

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Military and Veterans Code. Section 341.
View Official Source