Miscellaneous

Montana National Guard Pay on State Active Duty

An enlisted Guard member called out by the Governor is paid double the federal rate for the grade, with no day limit since 2025. An officer is paid the ordinary federal rate.

Also called: state active duty, double pay, 10-1-502, national guard, enlisted, HB 72, governor.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

Section 10-1-502(3) provides that an enlisted member ordered into active duty under Article VI, section 13 of the Montana Constitution must receive pay at rates equivalent to twice those allowed for an enlisted member of corresponding grade and length of time on active duty in federal service. Double pay, for the state's own call-out: a flood, a fire, a civil emergency. An officer ordered into the same duty is paid at the ordinary rate for an officer of corresponding grade and length of service in federal service, under subsection (1). The doubling is for enlisted members only. A rated aviation officer flying in support of a state emergency or disaster declaration may instead be paid at a rate comparable to other state employees on aerial wildfire suppression, if the adjutant general thinks it appropriate. The 15-day cap is gone. Until 2025 the statute provided that the double rate applied only to the first 15 days and that an enlisted member reverted to the single federal rate after that. House Bill 72 of the 2025 session, chapter 29, struck that limitation with an immediate effective date, so the double rate now runs for the whole period of the state call-out. Anything describing Montana's double pay as limited to the first 15 days, including the federal benefits libraries, is describing the previous text. State duty for special work under 10-1-505 is a different and lower-paid category. That covers administrative work, exercises, training, planning, cybersecurity operations and support to the Youth Challenge program, and 10-1-502(4) pays a member on it at the ordinary federal rate for their grade and length of service, officer or enlisted. The double rate belongs to the Governor's call-out, not to special work. Subsection (5) blocks payment under subsections (1) and (2) where pay and allowances for the active duty are provided out of federal funds. Guard pay for state duty is not exempt from Montana income tax. The subtraction at 15-30-2120(3)(c)(ii) reaches Guard salary for duty under Title 10, and for Title 32 homeland defense or contingency operations, and does not reach duty under the Montana Constitution. The $50,000 death benefit under 10-1-1201 is the one piece of state duty money that is expressly subtracted.

Thresholds

Thresholds for Montana National Guard Pay on State Active Duty
GateRule
Double pay is for enlisted members on the Governor’s call-outSection 10-1-502(3) doubles the federal rate for an enlisted member ordered into active duty under Article VI, section 13 of the Montana Constitution. An officer receives the ordinary federal rate for the grade under subsection (1).
No day limit since 2025House Bill 72 of the 2025 session, chapter 29, removed the provision limiting the double rate to the first 15 days of service, with an immediate effective date.
State duty for special work pays the single rateDuty under 10-1-505, which covers administration, exercises, training, planning, cybersecurity operations and the Youth Challenge program, is paid at the ordinary federal rate for the member’s grade and length of service, whether officer or enlisted.

Sources

Legislation

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Ch. 29, L. 2025 (House Bill 72) Removed the 15-day limit on double pay for enlisted Guard members on state active duty

Catalog reconciledEnactedFigure moved

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Pays an enlisted Guard member on state active duty at twice the federal rate for the whole order, not only the first 15 days.

Until 2025, 10-1-502(3) paid an enlisted member ordered into active duty by the Governor at twice the federal rate for the grade, and then added that the schedule applied only to the first 15 days, after which the member reverted to the single federal rate. House Bill 72 struck that limitation with an immediate effective date, so the double rate now runs for the whole call-out. The adjutant general’s stated reason was to stop cycling members on and off state active duty at the 15-day mark. Tracked because the 15-day cap is still being published, including by the federal benefits libraries, and because a Guard member working a month-long fire or flood response is being told the wrong pay rate for three quarters of it.

Sponsor

  • Brad BarkerRepublican, House, District 55

And 1 co-sponsor

Touches Mont. Code Ann. § 10-1-502

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.