CHAPTER 7. TRAINING AND ACTIVE DUTY OF NATIONAL GUARD; BENEFITS OF MEMBERS
IC 10-16-7
Chapter 7. Training and Active Duty of National Guard; Benefits
of Members
IC 10-16-7-1
"Employer"
Sec. 1. As used in section 6 of this chapter, "employer" refers to
an employer:
(1) other than the state or a county, township, municipality, or
school corporation in Indiana; and
(2) that employs any employee other than an employee in a
temporary position.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-2
"Member"
Sec. 2. As used in section 5 of this chapter, "member" refers to the
following:
(1) A member of the Indiana national guard.
(2) A member of a reserve component.
(3) A member of the retired personnel of the naval, air, or
ground forces of the United States.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-3
Drills; instruction; encampments; maneuvers; other exercises
Sec. 3. (a) Each detachment and unit in the national guard shall
assemble for drill and instruction, including indoor target practice,
in accordance with national guard regulations.
(b) In addition, each detachment and unit shall participate in
encampments, maneuvers, or other exercises, including outdoor
target practice, in accordance with national guard regulations, unless
the unit or detachment is excused from participation by the governor.
(c) A commissioned officer and an enlisted person or a member
of the Indiana air national guard shall be present and perform all the
duties required of the officer, person, or member at each assembly
for drill and instruction, encampment, maneuvers, or other exercises,
unless regularly excused by competent authority.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-4
Refusal to permit employees to attend drill or other duty
Sec. 4. An employer who knowingly or intentionally refuses to
allow a member of the Indiana national guard to attend any assembly
at which the member has a duty to perform under this chapter
commits a Class B misdemeanor.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-5
Government officers and employees; leave of absence for training
or active duty
Sec. 5. (a) This section applies to all officers and employees of the
state or any county, township, municipality, or school corporation in
Indiana who are members.
(b) A member is entitled to receive from the member's employer
a leave of absence from the member's respective duties in addition to
regular vacation period without loss of time or pay for the time that
the member is:
(1) on training duties of the state under the order of the
governor as commander in chief; or
(2) a member of any reserve component under the order of the
reserve component authority;
for any consecutive or nonconsecutive period that does not exceed
a total of fifteen (15) days in any calendar year. The entitlement to
a leave of absence without loss of time or pay provided in this
subsection is not at the discretion of the member's employer.
(c) A member is entitled to receive from the member's employer
a leave of absence from the member's respective duties in addition to
the member's regular vacation period for the total number of days
that the member is on state active duty under section 7 of this
chapter. A leave of absence provided under this subsection may be
with or without loss of time or pay at the discretion of the member's
employer.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-6
Leave of absence while on active duty; effect on time or pay
Sec. 6. A member of the Indiana national guard is entitled to
receive from the member's employer a leave of absence from the
member's respective duties in addition to the member's regular
vacation period for the total number of days that the member is on
state active duty under section 7 of this chapter. The leave of absence
may be with or without loss of time or pay at the discretion of the
member's employer.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-7
Governor; ordering on state duty; immunity from civil
prosecution; order or requisition by President of the United States
Sec. 7. (a) The governor shall order on state duty all or part of the
national guard in the following cases:
(1) War.
(2) Invasion.
(3) Insurrection.
(4) Public disaster.
(5) Breach of the peace or imminent danger of breach of the
peace.
(6) Forcible obstruction of the execution of the laws, or
reasonable belief that the execution of the laws will be
obstructed.
(7) At any other time the governor considers necessary.
(b) A member of the Indiana national guard who is ordered out on
duty may not be held civilly liable for any act done by the person in
the discharge of the person's military duty. The member may not be
subject to criminal prosecution if an alleged criminal act occurred
while the member was carrying out the orders of a superior officer
that the member reasonably believed to be legal orders under all of
the attendant facts and circumstances.
(c) If the President of the United States calls, orders, or
requisitions troops, the governor shall first order into the service of
the United States the organization and arms of the service specified
in the president's requisition.
(d) If a civil suit or proceeding is commenced in any court by any
person against any member of the Indiana national guard acting
under the authority of an order described in subsection (b), the
attorney general shall defend the member. If the action or proceeding
is criminal, the governor shall designate counsel to represent the
accused and the state will be financially responsible for the expense
of the defense of any civil or criminal action incurred. The expenses
for the defense shall be paid by the adjutant general out of
appropriated funds.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-8
Arrest on civil process while on active duty
Sec. 8. (a) On days of military duty, the Indiana national guard,
called out by proper authority and performing military duty, is
considered to be under military discipline. An officer or enlisted
person is not subject to arrest on any civil process during this time.
(b) For purposes of this section:
(1) an attachment for contempt for failure to obey the command
of a subpoena to testify is a civil process; and
(2) a citation for a traffic violation is not a civil process.
As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.18.
IC 10-16-7-9
Sheriffs; requesting national guard be called to active duty
Sec. 9. (a) If:
(1) insurrection, rebellion, invasion, tumult, riot, resistance to
law or process, breach of the peace, or public disaster, occurs
in the vicinity of a station of the Indiana national guard;
(2) the exigencies of a situation make it impossible for the
senior commanding officer of the Indiana national guard station
to communicate with the governor or the adjutant general; and
(3) the sheriff of the county involved or an officer acting on
behalf of the sheriff provides the senior commanding officer of
the Indiana national guard station with a written request signed
by the sheriff of the county involved or officer stating the facts
and the nature of the service desired;
the senior commanding officer may order out the Indiana national
guard units at that station and cause them to perform whatever duty
is required by the circumstances.
(b) A commanding officer who has called out Indiana national
guard units as described in subsection (a) shall immediately report
what that officer has done and all the circumstances of the case to the
governor. The actions performed shall be considered to have been
taken by order of the governor.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-10
Written orders calling to active duty; discretion in carrying out
orders
Sec. 10. An officer whose command is called out under section 9
of this chapter and who is reporting to any civil officer may require
the civil officer to make the order in writing and prescribe the outline
of the duties required of the officer and the officer's command. The
officer may decline to obey the orders until the orders are put in
writing. Although the commanding officer must obey all lawful
written orders of the civil officer, the military officer may use the
officer's discretion as to the manner of carrying out the orders if the
officer complies with their spirit.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-11
Unlawful assembly; command to disperse
Sec. 11. (a) Except as provided in subsection (b), before using any
military force to disperse an unlawful assembly (as defined in
IC 35-45-1-1):
(1) the civil officer calling out the military force or a law
enforcement officer; or
(2) if a civil officer or law enforcement officer is not present,
the officer in command of the troops or the officer's designee;
shall command the persons comprising the unlawful assembly to
disperse and retire peaceably to their homes or businesses. A
particular form of words is not required in ordering the dispersion of
any unlawful assembly.
(b) A person is not required to order an unlawful assembly to
disperse if:
(1) giving the order to disperse would put the person in
imminent danger of loss of life or great bodily harm; or
(2) the unlawful assembly is engaged in the commission of any
felony or is causing violence to a person or property.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-12
Riots and mobs; death, personal injuries, and property damage
Sec. 12. (a) If a person taking part in an unlawful assembly
described in this chapter refuses to disperse after having been
ordered to disperse in accordance with this chapter or if a command
to disperse is not required under this chapter and a civil officer to
whom military force is ordered to report, or if a civil officer is not
present, then the military officer (or if the command is acting under
the direct order of the governor, then the officer within the limits
provided in the officer's instructions) shall:
(1) arrest persons taking part in the unlawful assembly; or
(2) disperse the unlawful assembly.
(b) If, in arresting a person or dispersing an unlawful assembly:
(1) a person is killed, wounded, or otherwise injured; or
(2) property is injured or destroyed;
by the civil officer or officer or member of the Indiana national
guard, or other persons lawfully aiding them, the officer, member, or
person shall be held blameless.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-13
Assault on members; quelling attack
Sec. 13. If a part of the Indiana national guard or a person
lawfully aiding the Indiana national guard in the performance of its
duty as described in this chapter is attacked or in imminent danger of
attack, the commanding officer:
(1) is not required to await orders from a civil authority; and
(2) may quell the attack, disperse the attacking party, and take
any other necessary step for the safety of the officer's command.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-14
Right-of-way on streets and highways
Sec. 14. (a) Except as provided in subsection (b), any part of the
Indiana national guard parading or performing a lawful duty has the
right-of-way in any street or highway through which the Indiana
national guard passes.
(b) The Indiana national guard may not interfere with the
following:
(1) The carriage of United States mail.
(2) The operations of any fire engine or fire department.
(3) A police vehicle.
(4) Any other emergency vehicle.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-15
Assembly regulating passage and occupancy of streets; offense
Sec. 15. (a) If an unlawful assembly has occurred or is so
imminent that the Indiana national guard has been called out under
this chapter, the civil officer under whose orders the Indiana national
guard is acting or the commanding officer of the Indiana national
guard, if it is advisable in subduing or preventing the unlawful
assembly, may:
(1) prohibit a person from occupying or making use of a street
or place where the Indiana national guard is located; and
(2) otherwise regulate the passage and occupancy of streets and
places.
(b) A person who knowingly or intentionally enters a street or
remains on a street after being informed that the Indiana national
guard has prohibited this conduct commits a Class B misdemeanor.
(c) The officer in command of the Indiana national guard may
immediately arrest or order the arrest of a person who violates
subsection (b).
(d) If the officer in command of the Indiana national guard has
arrested a person in accordance with this section, the officer shall
deliver the person to a civil magistrate.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-16
Election day; muster, assembly, review, or parade
Sec. 16. (a) A muster or an assembly for instruction, review, or
parade may not be held or called in any county on any day during
which a general election or special election is held in the county,
except in case of or imminent danger of riot, invasion, insurrection,
or public disaster.
(b) An officer who orders a muster or an assembly on an election
day shall forfeit an amount as a court-martial adjudges.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-17
Pay and allowance
Sec. 17. An officer or enlisted person in active service of the state
shall be paid the greater of:
(1) the sum equivalent to the pay and allowances received by
officers and enlisted men of the same rank or grade in the
service of the armed forces of the United States; or
(2) the sum per day equal to twelve (12) times the hourly
federal minimum wage in effect at the time of active service.
However, with the approval of the budget committee, the adjutant
general may adjust the pay of an officer or enlisted person to meet
the pay and allowance adjustments of officers and enlisted persons
of the same rank or grade for service in the armed forces of the
United States.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-18
Injury, disability, or disease in line of duty; medical treatment;
medical examiner or board; claims
Sec. 18. (a) A member of the Indiana national guard who:
(1) when on duty or assembled for duty, in case of riot, tumult,
breach of peace, insurrection, invasion, public disaster or
whenever ordered by the governor, the commanding general of
the national guard, or called to the aid of civil authorities, is
injured, is disabled, or contracts a disease because of the
member's duty or assembly; or
(2) without fault or neglect on that member's part, is wounded
or disabled while performing any lawfully ordered duty that
temporarily incapacitates the member from pursuing the
member's usual business or occupation;
shall, during the period of incapacity, receive the pay to which the
member was entitled while on or assembled for duty, plus any actual
necessary expenses for care and medical attention.
(b) If a claim is made under this section, the adjutant general may
cause examinations of the claimant to be made from time to time by
a medical officer designated for that purpose by the adjutant general.
The adjutant general may direct the removal of a claimant to and
treatment in a hospital designated by the adjutant general. If the
claimant refuses:
(1) to allow an examination; or
(2) to go to a designated hospital or to otherwise follow the
advice or treatment prescribed;
the claimant forfeits and is barred from all right to any claim or
allowance under this section.
(c) Under this chapter:
(1) a disability may not be considered temporary if the disability
continues for more than one (1) year from the date of receiving
the injury or of incurring or contracting the disease or disability;
and
(2) pay and expenses for care and medical attendance for more
than one (1) year is not allowed.
(d) The adjutant general may appoint a medical examiner or a
board of three (3) officers, at least one (1) being a medical officer, to
inquire into the merits of any claim arising under this section.
However, the adjutant general may determine any claim without
appointing a medical examiner and fix the amount to be allowed
under this section. A medical examiner or board appointed under this
section has the same power to take evidence, administer oaths, issue
subpoenas and compel witnesses to attend and testify and produce
books and papers and punish their failures to do so as is possessed by
a general court-martial. The findings of the medical examiner or
board are subject to the approval of the adjutant general, who may
return the proceedings of the medical examiner or board for revision
and for taking further testimony. The amount found due a member by
the medical examiner or board and approved by the adjutant general
of the state shall be paid by the state in the same manner as other
military accounts are paid.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-19
Pensions; funeral expenses
Sec. 19. (a) A member of the Indiana national guard who is
wounded or disabled or was disabled in the service of the state
including service related to:
(1) a riot;
(2) a tumult;
(3) a breach of the peace;
(4) a resistance to process;
(5) an invasion;
(6) a public disaster;
(7) the aid of civil authority; or
(8) a lawfully ordered parade, drill, encampment, or inspection;
within ten (10) years preceding the member's application for a
pension under this chapter shall, upon proof of the disability, be
placed on the roll of invalid pensioners of the state and shall receive
out of money in the state treasury not otherwise appropriated, upon
the audit of the adjutant general and approval of the governor, the
same pension or reward that a person under similar circumstances
would receive from the United States. In case of a wound, an injury,
or a disease that results in death, the surviving spouse, dependent
children, or dependent parent of the member of the Indiana national
guard shall receive the pension and reward dating from the time of
receiving the injuries on account of which the pension or reward is
allowed. An officer or enlisted person is not entitled while in active
service to apply for or receive a pension.
(b) If a member of the Indiana national guard dies in the active
service of the state, the member's reasonable funeral expenses, not
exceeding four thousand dollars ($4,000), shall be paid by the state
in the manner as the governor directs.
(c) This section does not make applicable any provision of the
national service life insurance law of the United States, and the
pension or reward granted under this section shall be that provided
for by the pension laws of the United States in substance, without
regard to form.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-20
False or fraudulent representations; increasing, reducing, or
withdrawing
Sec. 20. (a) Before the name of a person is placed upon the
pension roll under this chapter, proof must be made under regulations
as the adjutant general may prescribe that the applicant is entitled to
a pension.
(b) The adjutant general, with the approval of the governor, shall
strike from the pension roll the name of a person if it appears by
satisfactory proof that the person was placed on the pension roll
through a false or fraudulent representation.
(c) The adjutant general, with the approval of the governor, may
increase, reduce, or withdraw any pension according to the right,
justice, and practice in the United States Department of Veterans
Affairs pension office.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-21
Pension examiners and boards; lump sum payments
Sec. 21. (a) The adjutant general may appoint a pension examiner
who shall inquire into the merits of any claim for pay and care and
pension, whether pending or adjudicated. The pension examiner may
administer oaths, orally examine witnesses, issue subpoenas, and
take affidavits and depositions in the course of an examination.
(b) The adjutant general shall appoint examining boards
consisting of not more than three (3) medical officers of the Indiana
national guard, who shall, under the adjutant general's direction,
make an examination of a claimant as directed by the adjutant
general. The examining board shall certify the result of its
examination in the form prescribed by the adjutant general.
(c) A person who is adversely affected by the report of one (1)
medical officer is entitled, upon request, to an examination before a
board consisting of three (3) medical officers. The adjutant general,
with the approval of the governor and with the consent of the
applicant, may commute any pension by payment of a lump sum to
be accepted by the applicant in full satisfaction of all claims.
As added by P.L.2-2003, SEC.7.
IC 10-16-7-22
Parenting time; making up lost parenting time
Sec. 22. If a member of the Indiana National Guard or a member
of a reserve component of the armed forces of the United States:
(1) is a noncustodial parent (as defined in IC 31-9-2-83);
(2) misses parenting time as provided in an order issued under
IC 31-14-14 or IC 31-17-4 due to participating in an activity
required under this chapter; and
(3) notifies the custodial parent at least seven (7) days before
the member misses the anticipated parenting time described in
subdivision (2), unless the member is unable to provide notice
due to a government emergency;
the member shall be allowed to make up the lost parenting time at the
member's earliest convenience but not later than one (1) month after
the member misses the parenting time under this section, if
exercising the lost parenting time does not conflict with the child's
school schedule.
As added by P.L.2-2003, SEC.7. Amended by P.L.68-2005, SEC.4.
IC 10-16-7-23
Extension of federal benefits
Sec. 23. (a) As used in this section, "active duty" means:
(1) training or duty under federal law; or
(2) state active duty under section 7 of this chapter;
performed under an order of the governor.
(b) The rights, benefits, and protections of the federal Soldiers'
and Sailors' Civil Relief Act, 50 U.S.C. App. 501 et seq., as amended
and in effect on January 1, 2003, apply to a member of the Indiana
national guard ordered to active duty for at least thirty (30)
consecutive days.
(c) The rights, benefits, and protections of the federal Uniformed
Services Employment and Reemployment Rights Act, 38 U.S.C.
4301 et seq., as amended and in effect on January 1, 2003, apply to
a member of the Indiana national guard ordered to active duty.
(d) Nothing in this section shall be construed as a restriction or
limitation on any of the rights, benefits, and protections granted to a
member of the Indiana national guard under federal law.
As added by P.L.113-2003, SEC.1.
IC 10-16-7-24
Administration of "PDHRA"
Sec. 24. (a) As used in this section, "PDHRA" refers to the United
States Department of Defense form "Post-Deployment Health
Reassessment" (DD Form 2900) or a successor form adopted by the
United States Department of Defense.
(b) As used in this section, "trained health care provider" has the
meaning set forth in the United States Department of Defense
Instruction 6490.03 or a successor instruction adopted by the United
States Department of Defense.
(c) The adjutant general shall require a member of the Indiana
National Guard who completes a PDHRA to participate in a
face-to-face clinical interview with a trained health care provider
concerning the Indiana National Guard member's PDHRA.
(d) The adjutant general may contract with a trained health care
provider to provide the clinical interview described in subsection (c).
As added by P.L.54-2010, SEC.1.