Death & Survivor Benefits

North Dakota National Guard Death Benefit for State Active Duty

The ceiling on the state death benefit for a Guard member who dies on state active duty rose from $15,000 to $100,000 in 2025. It is discretionary and subject to available funds.

Also called: death benefit, 37-01-48, $100,000, national guard, state active duty, HB 1076, beneficiary.

For: Survivor.

Where it applies

Written for the jurisdictions listed here.

Section 37-01-48 lets the national guard pay a death benefit to a designated beneficiary, or to the next of kin, of a Guard service member who died while serving in a state active duty status. House Bill 1076 of the 2025 session raised the ceiling from fifteen thousand dollars to one hundred thousand, as an emergency measure approved on March 17, 2025. Anything published before that, including the federal benefits libraries, still gives the figure as $15,000. The difference to a family is eighty-five thousand dollars, which is why this is tracked. Two words in the section limit it and both should be said plainly. The Guard "may pay" the benefit rather than shall, and the payment is "subject to available funds". This is a ceiling on a discretionary payment out of an appropriation, not an entitlement in a fixed amount. The adjutant general may adopt rules to implement it. State active duty is the gate. This is duty under the state chapter, which in North Dakota means the Governor's call-out for a flood, a blizzard or a civil emergency. A Guard member killed on federal Title 10 orders died on federal duty and the family is looking at the federal death gratuity and Servicemembers' Group Life Insurance instead. Unlike some state death benefits, this one recognises a designated beneficiary. Where a member has designated someone, the payment goes to them; where they have not, it goes to next of kin. Two neighbouring provisions cover a Guard member who is hurt rather than killed. Section 37-01-44 authorises the Guard to pay medical expenses for a member called to state active duty who sustains an injury or illness found to have occurred in the line of duty and not covered by workforce safety and insurance, for costs not covered by other health insurance, subject to the adjutant general's rules and available funds. Section 37-01-47 lets the Guard pay a member's primary health insurance premium, or the employer-sponsored premium cost share the member pays, during a period of state active duty. Both were amended in the 2025 session. Members of the National Guard Association of North Dakota also carry $1,000 of state sponsored life insurance at no cost, with $10,000 at no cost for the first year for a new recruit who enrolls within 180 days of joining. That is an association program rather than a state benefit, and it sits alongside rather than inside anything in this entry.

Thresholds

Thresholds for North Dakota National Guard Death Benefit for State Active Duty
GateRule
State active duty, not federal ordersThe benefit reaches a Guard member who died while serving in a state active duty status under chapter 37-01. A death on federal Title 10 orders is covered by the federal death gratuity and SGLI instead.
A ceiling on a discretionary paymentThe Guard "may pay" a death benefit not exceeding one hundred thousand dollars, subject to available funds. It is a maximum on a discretionary payment rather than a fixed entitlement, and the adjutant general may adopt implementing rules.
A designated beneficiary is recognisedPayment goes to a designated beneficiary where the member named one, and otherwise to next of kin.

Sources

Legislation

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Ch. 335, L. 2025 (House Bill 1076) Raised the National Guard state active duty death benefit from $15,000 to $100,000

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 Raises the death benefit for a Guard member who dies on state active duty from $15,000 to $100,000.

Amended 37-01-48 to raise the ceiling on the death benefit payable to the designated beneficiary or next of kin of a Guard member who died while serving on state active duty, from fifteen thousand dollars to one hundred thousand. Introduced at the request of the adjutant general, declared an emergency measure, approved March 17 and filed March 18, 2025. Tracked because the fifteen thousand dollar figure is still being published, including by the federal benefits libraries reviewed in 2026, and the difference to a bereaved family is eighty-five thousand dollars. The payment remains discretionary and subject to available funds, so the figure is a ceiling rather than an entitlement.

Sponsor

  • House Government and Veterans Affairs CommitteeHouse

Touches N.D.C.C. § 37-01-48

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.