The inactive National Guard shall consist of the officers and men of the Kentucky National Guard not on the active list. In time of peace, officers and enlisted men of the Kentucky National Guard may be transferred at their own request to the inactive National Guard. Upon the authorized disbandment or consolidation of organizations of the National Guard, all commissioned officers and enlisted men rendered surplus who are qualified for active service and have not been transferred to active units may be transferred to the inactive National Guard. Officers and enlisted men of the inactive National Guard may become members of the active National Guard in time of peace where circumstances permit.
KRS 38.100