Section 228 Of Article 2. Officers From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 3. >> Article 2.
228
. (a) A commissioned or warrant officer of the California
National Guard who has served 20 years in the active service of the
state may, on application, in the discretion of the Governor, be
retired. Service in the United States Army, United States Air Force,
United States Navy, or any reserve component thereof is considered
state service in computing length of state service for the purposes
of this section.
(b) Upon application made within one year of retirement, the
officer may, in the discretion of the Governor, be granted an
honorary advancement to the next grade above that held on the date of
application for retirement. The Adjutant General shall adopt
regulations governing the application procedure, qualifications
required, and rights and privileges in connection with honorary
post-retirement promotions under this subdivision. If recalled to
either state or federal active service, a person honorarily promoted
under this subdivision shall return to duty in that grade specified
by federal law or regulations applicable to the person.
(c) Commissioned and warrant officers on active duty with the
office of the Adjutant General pursuant to Section 167 who are not
members of the Public Employees' Retirement System and who have been
on active duty with the office of the Adjutant General for a total of
10 years shall, on application, be retired in accordance with the
federal law and regulations which on the date of application govern
the retirement of commissioned and warrant officers of the reserve
components of the Army of the United States on extended active duty.
Retirement from state active duty with the office of the Adjutant
General does not prohibit a person from active service in the
California National Guard. In these cases, the length of service
shall be computed as provided in this section and Section 215.