House Bill No. 48

Introduced By quilici, pavlovich

By Request of the Department of Military Affairs

A Bill for an Act entitled: "An Act conforming requirements for retirement of Montana national guard members because of age to requirements for retirement of members of the National Guard of the United states; amending sections 10-1-203, and 10-1-304, MCA; and providing an immediate effective date and a retroactive applicability date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 10-1-203, MCA, is amended to read:

"10-1-203.   Retirement of officers. (1) An officer of the national guard shall must be retired by order of the governor for the following reasons:

(a)  upon reaching his 60th birthday loss of federal recognition; or

(b)  his unfitness for military service because of a physical disability.

(2)  An officer is retired from the militia with the grade and rank held by him at the time of retirement."

Section 2.  Section 10-1-304, MCA, is amended to read:

"10-1-304.   Retirement of enlisted members. An enlisted member of the national guard shall must be retired by order of the governor for the following reasons:

(1)  upon reaching his 60th birthday loss of active reserve status; or

(2)  his unfitness for military service because of a physical disability."

NEW SECTION. Section 3.  Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to officers appointed by commission or warrant and all other members enlisted prior to [the effective date of this act].

NEW SECTION. Section 4.  Effective date. [This act] is effective on passage and approval.

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