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New York State Division of Military and Naval Affairs

State Active Duty Entitlements,
Protections and Benefits

The following State Active Duty benefits related to service on State Active Duty (SAD) are provided to assist New York Organized Militia members and their families.

BENEFIT ENTITLEMENT AUTHORITY
Life Insurance A service member can qualify to have SGLI life insurance premium paid by NYS. New York State
Family Separation Allowance After 60 continuous days on SAD, if qualified, will receive federal rate. New York State
Disability for Service Connected Injuries or Illness State evaluation and payment for medical treatment. Incapacitation pay may be given if eligible. Disability benefits may be given if eligible. New York State
Legal Assistance Yes New York State
Education Assistance NYARNG, NYANG and Naval Militia Service Members, if eligible, may apply to RIRP Program for up to the current SUNY tuition rate. Does not apply to NYG. Veteran Tuition Awards may also be available from the NYS Higher Education Services Corp. (HESC). New York State
Basic Pay For Service Members under Mil Law Section 6 - Basic Pay will be adjusted to at least $125 per day to include BAS and BAH I or II. Will not be less than federal base rate for rank and years of service. If federal base rate is higher, federal rate will be paid.

For Service Members under Mil Law Section 46 - Pay and allowances are paid at federal rates.
New York State
Basic Allowance for Housing II (BAHII) Short term basic allowance for housing is included in pay at onset of SAD. Allowance amount is based on yearly federal rates. New York State
Basic Allowance for Housing I (BAHI) Long term basic allowance for housing after 31 days of continuous duty on SAD and if qualified. Allowance amount is based on yearly federal rates. New York State
Basic Allowance for Subsistance (BAS) Basic Allowance for Subsistance is included in pay at onset of SAD. Allowance amount is based on yearly federal rates. New York State
State Tax Exemption For Service Members under Mil Law Section 6 - SAD pay is exempt from state income tax. Allowances are exempt from all income tax.

For Service Members under Mil Law Section 46 - Pay is not exempt from state income taxes, however, allowances are exempt from all income taxes.
New York State
Medical Care Service member medical costs, if approved through the LOD process, can be paid for if disease or injury is related to SAD. If SAD is over 90 days, family members can enroll in Empire Plan with co-pay. New York State

PROTECTIONS:

  • Freedom from discrimination based on military status
  • Prohibition against soliciting or requiring waiver of Civil Relief Act rights
  • Extension of State Civil Relief Act benefits to dependents
  • Protection against enforcement of storage liens on household goods
  • Professional liability insurance protection
  • Prohibition against foreclosure of mortgage
  • Prohibition against adverse credit reporting

EDUCATION BENEFITS:

  • Education leave of absence to perform military
  • Constructive credit for military training towards civilian professional accreditation

FINANCIAL BENEFITS:

  • Protection against termination of motor vehicle lease contracts when entering duty
  • Maximum rate of interest on debt (6% ceiling) while on SAD
  • Suspension of repayment of public retirement system loans

PROFESSIONAL LICENSING BENEFITS:

  • Waiver of professional continuing education requirements and extension of professional licenses
  • Extension of EMT and first responder certificates
  • Waiver of professional licensing benefit clarification

OTHER BENEFITS:

  • Supplemental burial allowance; free hunting and fishing licenses; Empire Passport to NYS Parks (related to active militia membership); extension of driver’s licenses and motor vehicle registrations

For questions about SAD benefits, please go through your appropriate chain of command.

© NYS DMNA: State Active Duty Entitlements, Protections and Benefits
URL: http://dmna.ny.gov/benefits/sad.php
Page Last Modified: 05 Apr 13 (ba)
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