§ 127A-108. Pay and care of soldiers, airmen and sailors disabled in service.
§ 127A‑108. Pay andcare of soldiers, airmen and sailors disabled in service.
A member of the NationalGuard, the State defense militia, or the naval militia who without fault ornegligence on his part is disabled through illness, injury, or disease contractedor incurred while on duty or by reason of duty in the service of the State orwhile reasonably proceeding to or returning from such duty shall receive theactual necessary expenses for care and medicine and medical attention at theexpense of the State and if such shall temporarily incapacitate him forpursuing his usual business or occupation he shall receive during suchincapacity the pay and allowances as are provided for the same grade and ratingin like circumstances in the active armed forces of the United States. If suchmember is permanently disabled, he shall receive the pensions and rewards thatpersons under similar circumstances in the military service of the UnitedStates receive from the United States. In case any such member shall die as aresult of such injury, illness or disease within one year after it has beenincurred or contracted, the surviving spouse, minor children, or dependentparents of the member shall receive such pension and rewards as persons undersimilar circumstances receive from the United States.
The cost incurred by reason ofthis section shall be paid out of the Contingency and Emergency Fund, or suchother fund as may be designated by law.
The Adjutant General, with theapproval of the Governor, shall make and publish such regulations pursuant tothis section as may be necessary for its implementation. Before the name of anyperson is placed on the disability or pension rolls of the State under thissection, proof shall be made in accordance with such regulations that theapplicant is entitled to such care, pension, or reward.
Nothing herein shall in anyway limit or condition any other payment to such member as by law may beallowed: Provided, however, any payments made under the provisions of Chapter97 of the General Statutes or under federal statutes as now or hereafteramended shall be deducted from the payments made under this section. (1917, c. 200, s. 54; C.S.,s. 6868; 1959, c. 218, s. 19; c. 763; 1965, c. 1058; 1975, c. 604, s. 2; 2009‑281,s. 1.)