SECTIONS 345-346 - California Statutes

MILITARY AND VETERANS CODE

SECTION 345-346

345. This article shall be known and may be cited as the State
Militia Disability Equality Act.

346. (a) When any officer, warrant officer, or enlisted member of
the California National Guard or the organized militia who is not in
active service in this state is wounded, injured, or disabled in the
line of duty when performing military duty of any nature under Title
10 or Title 32 of the United States Code, the Military Department
shall determine both of the following amounts:
(1) The amount of disability benefits to which a member of the
United States Armed Forces of the same or equivalent rank would be
entitled from the federal government as a result of a comparable
wound, injury, or disability.
(2) The amount of disability benefits to which the officer,
warrant officer, or enlisted member is entitled from the federal
government as a result of the wound, injury, or disability.
(b) If the Military Department determines that the amount
described in paragraph (1) of subdivision (a) is greater than the
amount described in paragraph (2) of subdivision (a), that department
shall, upon an appropriation of funds to the department by the
Legislature for this purpose, provide to the officer, warrant
officer, or enlisted member an amount equal to the difference between
those two amounts.