A. Members of the national guard, when on state-ordered duty for any period, shall receive the same basic pay and allowances as are prescribed by federal laws and regulations for members of the national guard on active federal service of like grade and length of service. Notwithstanding the provisions of this subsection, enlisted members of the national guard in the pay grades of E1 through E5, when on state-ordered duty for any period, shall receive not less than the minimum daily rate of pay received by a pay grade of E6 on active military service in the armed forces of the United States.

B. Members of the national guard who are on full-time active status for the state as adjutant general or as members of his staff may enter upon periods of active duty for training in the armed forces of the United States without loss of state pay, seniority or other employment benefits, when such active duty for training has been approved by the governor as commander-in-chief.

History: 1978 Comp., § 20-4-3, enacted by Laws 1987, ch. 318, § 20; 2001, ch. 268, § 1; 2001, ch. 271, § 1.

The 2001 amendment, effective July 1, 2001, inserted the last sentence of Subsection A.

Laws 2001, ch 268, § 1 and Laws 2001, ch. 271, § 1, both effective July 1, 2001, enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 271, § 1. See 12-1-8 NMSA 1978.

Scope of state's power for public defense. — The state's power to provide for the public defense embraces consideration of preparedness as well as execution, and the governor may authorize money to equip and quarter the national guard. State ex rel. Charlton v. French, 1940-NMSC-010, 44 N.M. 169, 99 P.2d 715.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Military, and Civil Defense § 169 et seq.

Constitutionality of statute providing for payments to public officers or employees who enter military service of the United States or their dependents, 145 A.L.R. 1156.

Workmen's compensation: person in military or naval service, 150 A.L.R. 1456.

6 C.J.S. Armed Services § 293.