55-121 Adjutant General; qualifications; salary; sources for payment; performance of federal duties; effect. - Nebraska Statutes

55-121. Adjutant General; qualifications;salary; sources for payment; performance of federal duties; effect.The Adjutant General shall be appointed by the Governor from the activeor retired commissioned officers of the National Guard of this state. SuchAdjutant General shall be or have been a commissioned officer who has activelyserved in the National Guard of this state for at least five years, shallhave attained at least the grade of lieutenant colonel, and shall be ableto become eligible for promotion to general officer. If a retired officeris appointed, he or she shall not have been retired for more than two yearsat the time he or she is considered for appointment. He or she shall holdhis or her office as provided in section 55-136. He or she shall receive forhis or her services such salary as the Governor shall direct, payable biweekly, except that such salary shall notexceed the annual pay and allowances of regular military officers of equalrank. If funds made available by the federal government are in excess of theamount payable as directed by the Governor, the excess shall be used to reducethe amount required to be paid by the state. Due to the interrelated natureof the Adjutant General's state and federal duties, the Adjutant General shallnot be required to take paid or unpaid leave or leaves of absence to performhis or her federal duties, whether or not under federal orders. The AdjutantGeneral shall continue to receive his or her salary during all such periods.The Adjutant General shall only be required to take leave or leaves of absenceduring those times when he or she is absent and performing neither his orher state nor federal duties as Adjutant General. This section shall not applyif the Adjutant General is called to active duty of the United States under10 U.S.C. SourceLaws 1917, c. 205, § 4, p. 485; Laws 1919, c. 121, § 2, p. 290; Laws 1921, c. 234, § 1, p. 834; C.S.1922, § 3305; C.S.1929, § 55-125; R.S.1943, § 55-141; Laws 1947, c. 196, § 1, p. 639; Laws 1951, c. 182, § 1, p. 685; Laws 1961, c. 273, § 1, p. 807; Laws 1965, c. 341, § 2, p. 972; R.R.S.1943, § 55-141; Laws 1969, c. 459, § 19, p. 1587; Laws 1974, LB 983, § 4; Laws 2004, LB 963, § 1; Laws 2010, LB550, § 3.