Sec. 23. (a) As used in this section, "active duty" means:
(1) training or duty under federal law;
(2) state active duty under an order of a governor of another state as provided by law; or
(3) state active duty under section 7 of this chapter;
performed under an order of the governor.
(b) The rights, benefits, and protections of the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., apply to a member of:
(1) the Indiana National Guard; or
(2) the National Guard of another state;
ordered to active duty for at least thirty (30) consecutive days.
(c) With respect to a member or reserve member of:
(1) the Indiana National Guard; or
(2) the National Guard of another state;
ordered to state active duty, a person is not subject to remedies and penalties under this section or IC 10-16-20 for failure to comply with the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., unless the member or member's dependent provides documentation to the person that the person is a member or reserve member of the Indiana National Guard or the National Guard of another state, ordered to state active duty for at least thirty (30) consecutive days.
(d) The rights, benefits, and protections of the federal Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq., as amended and in effect on January 1, 2003, apply to a member of:
(1) the Indiana National Guard; or
(2) the National Guard of another state;
ordered to active duty.
(e) Nothing in this section shall be construed as a restriction or limitation on any of the rights, benefits, and protections granted to a member of:
(1) the Indiana National Guard; or
(2) the National Guard of another state;
under federal law.
As added by P.L.113-2003, SEC.1. Amended by P.L.156-2015, SEC.3; P.L.103-2016, SEC.1; P.L.116-2016, SEC.1; P.L.99-2016, SEC.2.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.