Tenn. Code Ann. § 8-50-502 — TN Code / Title 8 / Chapter 50 / Section 8-50-502
Disclosure statements - Contents
Status: in_force

Disclosure shall be made of: (1) The major source or sources of private income of more than one thousand dollars ($1,000), including, but not limited to, offices, directorships, and salaried employments of the person making disclosure, the spouse, or minor children residing with such person, but no dollar amounts need be stated. This subdivision (1) shall not be construed to require the disclosure of any client list or customer list; (2) Any investment which the person making disclosure, that person's spouse, or minor children residing with that person has in any corporation or other business organization in excess of ten thousand dollars ($10,000) or five percent (5%) of the total capital; however, it shall not be necessary to state specific dollar amounts or percentages of such investments; (3) Any person, firm, or organization for whom compensated lobbying is done by any associate of the person making disclosure, that person's spouse, or minor children residing with the person making disclosure, or any firm in which the person making disclosure or they hold any interest, complete to include the terms of any such employment and the measure or measures to be supported or opposed; (4) In general terms by areas of the client's interest, the entities to which professional services, such as those of an attorney, accountant, or architect, are furnished by the person making disclosure or that person's spouse; (5) By any member of the general assembly, the amount and source, by name, of any: (A) Contributions from private sources for use in defraying the expenses necessarily related to the adequate performance of that member's legislative duties. The expenditure of campaign funds by an officeholder for the furtherance of the office of the officeholder is considered an expenditure under title 2, chapter 10, and such expenditures need not be reported under this chapter; and (B) Travel expenses, including any expenses incidental to such travel, paid on behalf of the member by a person with an interest in a public policy of this state if the travel was for the purpose of informing or advising the member with respect to the public policy. Travel expenses do not include expenses for travel, if such expenses are paid for or reimbursed by a governmental entity or an established and recognized organization of elected or appointed state government officials, staff of state government officials, or both officials and staff, or any other established and recognized organization that is an umbrella organization for such officials, staff, or both officials and staff; (6) Any retainer fee which the person making the disclosure receives from any person, firm, or organization who is in the practice of promoting or opposing, influencing or attempting to influence, directly or indirectly, the passage or defeat of any legislation before the general assembly, the legislative committees, or the members to such entities; (7) Any adjudication of bankruptcy or discharge received in any United States district court within five (5) years of the date of the disclosure; (8) (A) Any loan or combination of loans of more than one thousand dollars ($1,000) from the same source made in the previous calendar year to the person making disclosure or to the spouse or minor children unless: (i) The loan is from an immediate family member; (ii) The loan is from a financial institution whose deposits are insured by an entity of the federal government, or such loan is made in accordance with existing law and is made in the ordinary course of business. A loan is made in the ordinary course of business if the lender is in the business of making loans, and the loan bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule; (iii) The loan is secured by a recorded security interest in collateral, bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule; (iv) The loan is from a partnership in which the legislator has at least ten percent (10%) partnership interest; or (v) The loan is from a corporation in which more than fifty percent (50%) of the outstanding voting shares are owned by the person making disclosure or by a member of such person's immediate family; (B) As used in this subdivision (8), "immediate family member" means a spouse, parent, sibling or child; (9) Such additional information as the person making disclosure might desire; (10) The name of any agency, branch, bureau, commission, department, or other division of state government for which a member of the general assembly continues to provide or offer to provide a service and the nature of the service provided or offered, as required by § 12-4-103 . The disclosure required pursuant to this subdivision (10): (A) Must be made prior to September 1, 2021, and annually thereafter, on the consolidated form in accordance with § 2-10-128 ; and (B) Must be made only by members of the general assembly elected prior to July 1, 2021, who are seeking an exemption to the application of § 12-4-103(a)(2)(A) ; and (11) (A) By any member of the general assembly or candidate for the general assembly, the name of any multicandidate political committee established or controlled by the member or candidate within the immediately preceding five (5) years of the date of the disclosure; (B) Disclosure under this subdivision (11) must be made annually beginning with the candidate or official's next statement due after January 1, 2023. Amended by 2022 Tenn. Acts, ch. 1087, s 23, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 347, s 3, eff. 7/1/2021. Amended by 2017 Tenn. Acts, ch. 470, s 1, eff. 5/30/2017. Acts 1972, ch. 843, § 2; T.C.A., § 8-4126; Acts 1989, ch. 589, § 9; 1992, ch. 932, §§ 2, 3; 1992, ch. 978, §§ 2, 3; 1992, ch. 988, § 7; 2002, ch. 596, § 1; 2003 , ch. 244, § 1.
Disclosure shall be made of:
(1) The major source or sources of private income of more than one thousand dollars ($1,000), including, but not limited to, offices, directorships, and salaried employments of the person making disclosure, the spouse, or minor children residing with such person, but no dollar amounts need be stated. This subdivision (1) shall not be construed to require the disclosure of any client list or customer list;
(2) Any investment which the person making disclosure, that person's spouse, or minor children residing with that person has in any corporation or other business organization in excess of ten thousand dollars ($10,000) or five percent (5%) of the total capital; however, it shall not be necessary to state specific dollar amounts or percentages of such investments;
(3) Any person, firm, or organization for whom compensated lobbying is done by any associate of the person making disclosure, that person's spouse, or minor children residing with the person making disclosure, or any firm in which the person making disclosure or they hold any interest, complete to include the terms of any such employment and the measure or measures to be supported or opposed;
(4) In general terms by areas of the client's interest, the entities to which professional services, such as those of an attorney, accountant, or architect, are furnished by the person making disclosure or that person's spouse;
(5) By any member of the general assembly, the amount and source, by name, of any: (A) Contributions from private sources for use in defraying the expenses necessarily related to the adequate performance of that member's legislative duties. The expenditure of campaign funds by an officeholder for the furtherance of the office of the officeholder is considered an expenditure under title 2, chapter 10, and such expenditures need not be reported under this chapter; and (B) Travel expenses, including any expenses incidental to such travel, paid on behalf of the member by a person with an interest in a public policy of this state if the travel was for the purpose of informing or advising the member with respect to the public policy. Travel expenses do not include expenses for travel, if such expenses are paid for or reimbursed by a governmental entity or an established and recognized organization of elected or appointed state government officials, staff of state government officials, or both officials and staff, or any other established and recognized organization that is an umbrella organization for such officials, staff, or both officials and staff;
(A) Contributions from private sources for use in defraying the expenses necessarily related to the adequate performance of that member's legislative duties. The expenditure of campaign funds by an officeholder for the furtherance of the office of the officeholder is considered an expenditure under title 2, chapter 10, and such expenditures need not be reported under this chapter; and
(B) Travel expenses, including any expenses incidental to such travel, paid on behalf of the member by a person with an interest in a public policy of this state if the travel was for the purpose of informing or advising the member with respect to the public policy. Travel expenses do not include expenses for travel, if such expenses are paid for or reimbursed by a governmental entity or an established and recognized organization of elected or appointed state government officials, staff of state government officials, or both officials and staff, or any other established and recognized organization that is an umbrella organization for such officials, staff, or both officials and staff;
(6) Any retainer fee which the person making the disclosure receives from any person, firm, or organization who is in the practice of promoting or opposing, influencing or attempting to influence, directly or indirectly, the passage or defeat of any legislation before the general assembly, the legislative committees, or the members to such entities;
(7) Any adjudication of bankruptcy or discharge received in any United States district court within five (5) years of the date of the disclosure;
(8) (A) Any loan or combination of loans of more than one thousand dollars ($1,000) from the same source made in the previous calendar year to the person making disclosure or to the spouse or minor children unless: (i) The loan is from an immediate family member; (ii) The loan is from a financial institution whose deposits are insured by an entity of the federal government, or such loan is made in accordance with existing law and is made in the ordinary course of business. A loan is made in the ordinary course of business if the lender is in the business of making loans, and the loan bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule; (iii) The loan is secured by a recorded security interest in collateral, bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule; (iv) The loan is from a partnership in which the legislator has at least ten percent (10%) partnership interest; or (v) The loan is from a corporation in which more than fifty percent (50%) of the outstanding voting shares are owned by the person making disclosure or by a member of such person's immediate family; (B) As used in this subdivision (8), "immediate family member" means a spouse, parent, sibling or child;
(A) Any loan or combination of loans of more than one thousand dollars ($1,000) from the same source made in the previous calendar year to the person making disclosure or to the spouse or minor children unless: (i) The loan is from an immediate family member; (ii) The loan is from a financial institution whose deposits are insured by an entity of the federal government, or such loan is made in accordance with existing law and is made in the ordinary course of business. A loan is made in the ordinary course of business if the lender is in the business of making loans, and the loan bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule; (iii) The loan is secured by a recorded security interest in collateral, bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule; (iv) The loan is from a partnership in which the legislator has at least ten percent (10%) partnership interest; or (v) The loan is from a corporation in which more than fifty percent (50%) of the outstanding voting shares are owned by the person making disclosure or by a member of such person's immediate family;
(i) The loan is from an immediate family member;
(ii) The loan is from a financial institution whose deposits are insured by an entity of the federal government, or such loan is made in accordance with existing law and is made in the ordinary course of business. A loan is made in the ordinary course of business if the lender is in the business of making loans, and the loan bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule;
(iii) The loan is secured by a recorded security interest in collateral, bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule;
(iv) The loan is from a partnership in which the legislator has at least ten percent (10%) partnership interest; or
(v) The loan is from a corporation in which more than fifty percent (50%) of the outstanding voting shares are owned by the person making disclosure or by a member of such person's immediate family;
(B) As used in this subdivision (8), "immediate family member" means a spouse, parent, sibling or child;
(9) Such additional information as the person making disclosure might desire;
(10) The name of any agency, branch, bureau, commission, department, or other division of state government for which a member of the general assembly continues to provide or offer to provide a service and the nature of the service provided or offered, as required by § 12-4-103 . The disclosure required pursuant to this subdivision (10): (A) Must be made prior to September 1, 2021, and annually thereafter, on the consolidated form in accordance with § 2-10-128 ; and (B) Must be made only by members of the general assembly elected prior to July 1, 2021, who are seeking an exemption to the application of § 12-4-103(a)(2)(A) ; and
(A) Must be made prior to September 1, 2021, and annually thereafter, on the consolidated form in accordance with § 2-10-128 ; and
(B) Must be made only by members of the general assembly elected prior to July 1, 2021, who are seeking an exemption to the application of § 12-4-103(a)(2)(A) ; and
(11) (A) By any member of the general assembly or candidate for the general assembly, the name of any multicandidate political committee established or controlled by the member or candidate within the immediately preceding five (5) years of the date of the disclosure; (B) Disclosure under this subdivision (11) must be made annually beginning with the candidate or official's next statement due after January 1, 2023.
(A) By any member of the general assembly or candidate for the general assembly, the name of any multicandidate political committee established or controlled by the member or candidate within the immediately preceding five (5) years of the date of the disclosure;
(B) Disclosure under this subdivision (11) must be made annually beginning with the candidate or official's next statement due after January 1, 2023.
Amended by 2022 Tenn. Acts, ch. 1087, s 23, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 347, s 3, eff. 7/1/2021.
Amended by 2017 Tenn. Acts, ch. 470, s 1, eff. 5/30/2017.
Acts 1972, ch. 843, § 2; T.C.A., § 8-4126; Acts 1989, ch. 589, § 9; 1992, ch. 932, §§ 2, 3; 1992, ch. 978, §§ 2, 3; 1992, ch. 988, § 7; 2002, ch. 596, § 1; 2003 , ch. 244, § 1.
Tenn. Code Ann. § 8-36-108 — TN Code / Title 8 / Chapter 36 / Section 8-36-108
Benefits upon death in line of duty
Status: in_force

(a) (1) If a member in service in Group 2 dies prior to retirement and the board of trustees determines that the member's death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member's person occurring while the member was in the actual performance of the member's duty: (A) (i) A state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving minor child or children; provided, that either and no other person, persons or institution are named in writing by the member on file with the retirement system; (ii) If the member's surviving spouse is named, the annuity will continue to such spouse until death. If the named surviving spouse dies, then the annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children; (iii) If a surviving minor child or children are named, then the annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children; (B) If there is no such surviving spouse or children named as beneficiary upon the member's death, to the member's father or mother, if living, for life, divided, where appropriate, in such manner as the board of trustees in its discretion shall determine. (2) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated the member's spouse as beneficiary under the option, the benefit payments under this section shall be made in lieu of any benefits under the option. (3) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated a person other than the member's spouse as beneficiary under the option, the benefit payments under the option shall be made in lieu of any benefits under this section. (b) (1) (A) If a member in service in Group 1, 3 or 4 dies prior to retirement and the board of trustees determines that such person's death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member's person occurring while the member was in the actual performance of the member's duty, a state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving child or children; provided, that either and no other person, persons or institution are named by the member in writing on file with the retirement system. (B) If the member's surviving spouse is named, this annuity will continue to such spouse until death. If the named surviving spouse dies, then this annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. (C) If a surviving minor child or children are named, then this annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. On the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, then the annuity shall be paid to the member's surviving spouse, if any, until the surviving spouse dies. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member's death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(1) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member's estate for the sole benefit of all the member's surviving children, regardless of age; provided, that such excess exceeds the amount a bank may pay under § 45-2-708(a) . Any such payment shall be free from the claims of any and all creditors. (2) In order to be eligible for this benefit, the death must be conclusively shown by competent medical evidence to have occurred in the actual performance of duty, regardless of § 7-51-201 . (3) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated the member's spouse as beneficiary under the option, the benefit payments under this section shall be made in lieu of any benefits under the option. (4) If the member has designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children, such individuals may disclaim the death benefit otherwise payable. To be effective, the individuals must not have received any of the benefits, and the disclaimer must be in writing and filed with the division of retirement. Such writing shall contain the information required in § 8-36-125 . If a disclaimer is made under this subdivision (b)(4), the state annuity described in subdivision (b)(1) shall be paid to the member's surviving spouse and surviving child or children in accordance with subdivision (b)(1)(B). If no surviving spouse exists, then the annuity shall be paid to the member's surviving child or children in accordance with subdivision (b)(1)(C). (5) (A) (i) If the member has designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children and such individuals do not disclaim the death benefit under subdivision (b)(4), a state annuity shall nevertheless be paid the member's surviving spouse and surviving child or children. The annuity shall be equal to the amount which would have otherwise been payable under subdivision (b)(1) had the member designated the member's surviving spouse or surviving minor child or children as beneficiary, minus: (a) The actuarial value of the benefits payable to the non-disclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. (ii) Notwithstanding this subdivision (b)(5) to the contrary, the annuity shall have a guaranteed minimum total value of fifty thousand dollars ($50,000), minus the: (a) Actuarial value of the benefits payable to the nondisclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. (iii) The guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis and divided in the manner prescribed in subdivision (b)(5)(B). (B) The annuity provided in subdivision (b)(5)(A) shall be paid to the member's surviving spouse until such spouse's death. Upon the surviving spouse's death, this annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. If the guaranteed minimum total value has not been paid out under this subdivision (b)(5)(B) in the form of an annuity by the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, the remaining amount shall be divided equally among all the member's surviving children, regardless of age. If no surviving children exist, then the remaining amount shall be paid to the estate of the last to survive of the spouse and the member's children in accordance with § 8-36-120 . (C) If no surviving spouse exists on the member's death, then the annuity provided in subdivision (b)(5)(A) shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member's death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(5) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member's estate for the sole benefit of all the member's surviving children, regardless of age, provided such excess exceeds the amount a bank may pay under § 45-2-708(a) . Any such payment shall be free from the claims of any and all creditors. (6) Notwithstanding any law to the contrary, the aggregate total death benefit payable under chapters 34-37 of this title on account of a member who dies in the line of duty shall have a value of not less than fifty thousand dollars ($50,000). Except as otherwise provided in this subsection (b), if the death benefit is payable to a single beneficiary, the guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis. In the event the beneficiary dies before receiving all of the guaranteed minimum value, a lump sum payment equal to the actuarial equivalent of the monthly benefit due over the remaining months in the sixty-month period shall be paid to the beneficiary's estate in accordance with § 8-36-120 . If the benefit is payable to multiple beneficiaries, other than to the member's surviving minor children, or to a non-human being such as a firm, organization, partnership, association, corporation, estate or trust, the guaranteed minimum value shall be paid in a lump sum. Amounts payable to multiple beneficiaries under this subdivision (b)(6) shall be distributed in equal proportions among the surviving beneficiaries. (7) This subsection (b) shall not apply to individuals who are members of the retirement system by virtue of their employment with any employer participating in the retirement system pursuant to chapter 35 of this title unless the governing body of any such employer passes a resolution authorizing and accepting the associated liability and costs to provide such benefits. Amended by 2014 Tenn. Acts, ch. 659, Secs.s 17, s 18, s 19, s 20, s 21 eff. 4/10/2014. Acts 1972, ch. 814, § 5; T.C.A., § 8-3918; Acts 1985, ch. 449, § 17; 1986, ch. 553, §§ 11-13; 1986, ch. 554, § 10; 1991, ch. 378, §§ 13, 14; 1992, ch. 843, § 18; 1995, ch. 154, §§ 1, 2; 1997 , ch. 219, §§ 1 - 3; 2001, ch. 446, §§ 1, 2; 2002, ch. 863, § 7.
(a) (1) If a member in service in Group 2 dies prior to retirement and the board of trustees determines that the member's death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member's person occurring while the member was in the actual performance of the member's duty: (A) (i) A state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving minor child or children; provided, that either and no other person, persons or institution are named in writing by the member on file with the retirement system; (ii) If the member's surviving spouse is named, the annuity will continue to such spouse until death. If the named surviving spouse dies, then the annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children; (iii) If a surviving minor child or children are named, then the annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children; (B) If there is no such surviving spouse or children named as beneficiary upon the member's death, to the member's father or mother, if living, for life, divided, where appropriate, in such manner as the board of trustees in its discretion shall determine. (2) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated the member's spouse as beneficiary under the option, the benefit payments under this section shall be made in lieu of any benefits under the option. (3) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated a person other than the member's spouse as beneficiary under the option, the benefit payments under the option shall be made in lieu of any benefits under this section.
(1) If a member in service in Group 2 dies prior to retirement and the board of trustees determines that the member's death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member's person occurring while the member was in the actual performance of the member's duty: (A) (i) A state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving minor child or children; provided, that either and no other person, persons or institution are named in writing by the member on file with the retirement system; (ii) If the member's surviving spouse is named, the annuity will continue to such spouse until death. If the named surviving spouse dies, then the annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children; (iii) If a surviving minor child or children are named, then the annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children; (B) If there is no such surviving spouse or children named as beneficiary upon the member's death, to the member's father or mother, if living, for life, divided, where appropriate, in such manner as the board of trustees in its discretion shall determine.
(A) (i) A state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving minor child or children; provided, that either and no other person, persons or institution are named in writing by the member on file with the retirement system; (ii) If the member's surviving spouse is named, the annuity will continue to such spouse until death. If the named surviving spouse dies, then the annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children; (iii) If a surviving minor child or children are named, then the annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children;
(i) A state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving minor child or children; provided, that either and no other person, persons or institution are named in writing by the member on file with the retirement system;
(ii) If the member's surviving spouse is named, the annuity will continue to such spouse until death. If the named surviving spouse dies, then the annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children;
(iii) If a surviving minor child or children are named, then the annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children;
(B) If there is no such surviving spouse or children named as beneficiary upon the member's death, to the member's father or mother, if living, for life, divided, where appropriate, in such manner as the board of trustees in its discretion shall determine.
(2) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated the member's spouse as beneficiary under the option, the benefit payments under this section shall be made in lieu of any benefits under the option.
(3) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated a person other than the member's spouse as beneficiary under the option, the benefit payments under the option shall be made in lieu of any benefits under this section.
(b) (1) (A) If a member in service in Group 1, 3 or 4 dies prior to retirement and the board of trustees determines that such person's death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member's person occurring while the member was in the actual performance of the member's duty, a state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving child or children; provided, that either and no other person, persons or institution are named by the member in writing on file with the retirement system. (B) If the member's surviving spouse is named, this annuity will continue to such spouse until death. If the named surviving spouse dies, then this annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. (C) If a surviving minor child or children are named, then this annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. On the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, then the annuity shall be paid to the member's surviving spouse, if any, until the surviving spouse dies. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member's death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(1) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member's estate for the sole benefit of all the member's surviving children, regardless of age; provided, that such excess exceeds the amount a bank may pay under § 45-2-708(a) . Any such payment shall be free from the claims of any and all creditors. (2) In order to be eligible for this benefit, the death must be conclusively shown by competent medical evidence to have occurred in the actual performance of duty, regardless of § 7-51-201 . (3) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated the member's spouse as beneficiary under the option, the benefit payments under this section shall be made in lieu of any benefits under the option. (4) If the member has designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children, such individuals may disclaim the death benefit otherwise payable. To be effective, the individuals must not have received any of the benefits, and the disclaimer must be in writing and filed with the division of retirement. Such writing shall contain the information required in § 8-36-125 . If a disclaimer is made under this subdivision (b)(4), the state annuity described in subdivision (b)(1) shall be paid to the member's surviving spouse and surviving child or children in accordance with subdivision (b)(1)(B). If no surviving spouse exists, then the annuity shall be paid to the member's surviving child or children in accordance with subdivision (b)(1)(C). (5) (A) (i) If the member has designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children and such individuals do not disclaim the death benefit under subdivision (b)(4), a state annuity shall nevertheless be paid the member's surviving spouse and surviving child or children. The annuity shall be equal to the amount which would have otherwise been payable under subdivision (b)(1) had the member designated the member's surviving spouse or surviving minor child or children as beneficiary, minus: (a) The actuarial value of the benefits payable to the non-disclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. (ii) Notwithstanding this subdivision (b)(5) to the contrary, the annuity shall have a guaranteed minimum total value of fifty thousand dollars ($50,000), minus the: (a) Actuarial value of the benefits payable to the nondisclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. (iii) The guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis and divided in the manner prescribed in subdivision (b)(5)(B). (B) The annuity provided in subdivision (b)(5)(A) shall be paid to the member's surviving spouse until such spouse's death. Upon the surviving spouse's death, this annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. If the guaranteed minimum total value has not been paid out under this subdivision (b)(5)(B) in the form of an annuity by the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, the remaining amount shall be divided equally among all the member's surviving children, regardless of age. If no surviving children exist, then the remaining amount shall be paid to the estate of the last to survive of the spouse and the member's children in accordance with § 8-36-120 . (C) If no surviving spouse exists on the member's death, then the annuity provided in subdivision (b)(5)(A) shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member's death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(5) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member's estate for the sole benefit of all the member's surviving children, regardless of age, provided such excess exceeds the amount a bank may pay under § 45-2-708(a) . Any such payment shall be free from the claims of any and all creditors. (6) Notwithstanding any law to the contrary, the aggregate total death benefit payable under chapters 34-37 of this title on account of a member who dies in the line of duty shall have a value of not less than fifty thousand dollars ($50,000). Except as otherwise provided in this subsection (b), if the death benefit is payable to a single beneficiary, the guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis. In the event the beneficiary dies before receiving all of the guaranteed minimum value, a lump sum payment equal to the actuarial equivalent of the monthly benefit due over the remaining months in the sixty-month period shall be paid to the beneficiary's estate in accordance with § 8-36-120 . If the benefit is payable to multiple beneficiaries, other than to the member's surviving minor children, or to a non-human being such as a firm, organization, partnership, association, corporation, estate or trust, the guaranteed minimum value shall be paid in a lump sum. Amounts payable to multiple beneficiaries under this subdivision (b)(6) shall be distributed in equal proportions among the surviving beneficiaries. (7) This subsection (b) shall not apply to individuals who are members of the retirement system by virtue of their employment with any employer participating in the retirement system pursuant to chapter 35 of this title unless the governing body of any such employer passes a resolution authorizing and accepting the associated liability and costs to provide such benefits.
(1) (A) If a member in service in Group 1, 3 or 4 dies prior to retirement and the board of trustees determines that such person's death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member's person occurring while the member was in the actual performance of the member's duty, a state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving child or children; provided, that either and no other person, persons or institution are named by the member in writing on file with the retirement system. (B) If the member's surviving spouse is named, this annuity will continue to such spouse until death. If the named surviving spouse dies, then this annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. (C) If a surviving minor child or children are named, then this annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. On the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, then the annuity shall be paid to the member's surviving spouse, if any, until the surviving spouse dies. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member's death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(1) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member's estate for the sole benefit of all the member's surviving children, regardless of age; provided, that such excess exceeds the amount a bank may pay under § 45-2-708(a) . Any such payment shall be free from the claims of any and all creditors.
(A) If a member in service in Group 1, 3 or 4 dies prior to retirement and the board of trustees determines that such person's death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member's person occurring while the member was in the actual performance of the member's duty, a state annuity equal to one-half (½) the member's average final compensation shall be paid to the member's surviving spouse or surviving child or children; provided, that either and no other person, persons or institution are named by the member in writing on file with the retirement system.
(B) If the member's surviving spouse is named, this annuity will continue to such spouse until death. If the named surviving spouse dies, then this annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children.
(C) If a surviving minor child or children are named, then this annuity shall be divided equally among them. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. On the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, then the annuity shall be paid to the member's surviving spouse, if any, until the surviving spouse dies. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member's death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(1) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member's estate for the sole benefit of all the member's surviving children, regardless of age; provided, that such excess exceeds the amount a bank may pay under § 45-2-708(a) . Any such payment shall be free from the claims of any and all creditors.
(2) In order to be eligible for this benefit, the death must be conclusively shown by competent medical evidence to have occurred in the actual performance of duty, regardless of § 7-51-201 .
(3) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated the member's spouse as beneficiary under the option, the benefit payments under this section shall be made in lieu of any benefits under the option.
(4) If the member has designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children, such individuals may disclaim the death benefit otherwise payable. To be effective, the individuals must not have received any of the benefits, and the disclaimer must be in writing and filed with the division of retirement. Such writing shall contain the information required in § 8-36-125 . If a disclaimer is made under this subdivision (b)(4), the state annuity described in subdivision (b)(1) shall be paid to the member's surviving spouse and surviving child or children in accordance with subdivision (b)(1)(B). If no surviving spouse exists, then the annuity shall be paid to the member's surviving child or children in accordance with subdivision (b)(1)(C).
(5) (A) (i) If the member has designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children and such individuals do not disclaim the death benefit under subdivision (b)(4), a state annuity shall nevertheless be paid the member's surviving spouse and surviving child or children. The annuity shall be equal to the amount which would have otherwise been payable under subdivision (b)(1) had the member designated the member's surviving spouse or surviving minor child or children as beneficiary, minus: (a) The actuarial value of the benefits payable to the non-disclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. (ii) Notwithstanding this subdivision (b)(5) to the contrary, the annuity shall have a guaranteed minimum total value of fifty thousand dollars ($50,000), minus the: (a) Actuarial value of the benefits payable to the nondisclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. (iii) The guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis and divided in the manner prescribed in subdivision (b)(5)(B). (B) The annuity provided in subdivision (b)(5)(A) shall be paid to the member's surviving spouse until such spouse's death. Upon the surviving spouse's death, this annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. If the guaranteed minimum total value has not been paid out under this subdivision (b)(5)(B) in the form of an annuity by the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, the remaining amount shall be divided equally among all the member's surviving children, regardless of age. If no surviving children exist, then the remaining amount shall be paid to the estate of the last to survive of the spouse and the member's children in accordance with § 8-36-120 . (C) If no surviving spouse exists on the member's death, then the annuity provided in subdivision (b)(5)(A) shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member's death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(5) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member's estate for the sole benefit of all the member's surviving children, regardless of age, provided such excess exceeds the amount a bank may pay under § 45-2-708(a) . Any such payment shall be free from the claims of any and all creditors.
(A) (i) If the member has designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children and such individuals do not disclaim the death benefit under subdivision (b)(4), a state annuity shall nevertheless be paid the member's surviving spouse and surviving child or children. The annuity shall be equal to the amount which would have otherwise been payable under subdivision (b)(1) had the member designated the member's surviving spouse or surviving minor child or children as beneficiary, minus: (a) The actuarial value of the benefits payable to the non-disclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. (ii) Notwithstanding this subdivision (b)(5) to the contrary, the annuity shall have a guaranteed minimum total value of fifty thousand dollars ($50,000), minus the: (a) Actuarial value of the benefits payable to the nondisclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries. (iii) The guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis and divided in the manner prescribed in subdivision (b)(5)(B).
(i) If the member has designated an individual or individuals other than, or in addition to, the member's surviving spouse or surviving child or children and such individuals do not disclaim the death benefit under subdivision (b)(4), a state annuity shall nevertheless be paid the member's surviving spouse and surviving child or children. The annuity shall be equal to the amount which would have otherwise been payable under subdivision (b)(1) had the member designated the member's surviving spouse or surviving minor child or children as beneficiary, minus: (a) The actuarial value of the benefits payable to the non-disclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries.
(a) The actuarial value of the benefits payable to the non-disclaiming beneficiaries; or
(b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries.
(ii) Notwithstanding this subdivision (b)(5) to the contrary, the annuity shall have a guaranteed minimum total value of fifty thousand dollars ($50,000), minus the: (a) Actuarial value of the benefits payable to the nondisclaiming beneficiaries; or (b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries.
(a) Actuarial value of the benefits payable to the nondisclaiming beneficiaries; or
(b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries.
(iii) The guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis and divided in the manner prescribed in subdivision (b)(5)(B).
(B) The annuity provided in subdivision (b)(5)(A) shall be paid to the member's surviving spouse until such spouse's death. Upon the surviving spouse's death, this annuity shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. If the guaranteed minimum total value has not been paid out under this subdivision (b)(5)(B) in the form of an annuity by the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, the remaining amount shall be divided equally among all the member's surviving children, regardless of age. If no surviving children exist, then the remaining amount shall be paid to the estate of the last to survive of the spouse and the member's children in accordance with § 8-36-120 .
(C) If no surviving spouse exists on the member's death, then the annuity provided in subdivision (b)(5)(A) shall be divided equally among the member's surviving minor children. Each child shall receive such child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member's death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(5) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member's estate for the sole benefit of all the member's surviving children, regardless of age, provided such excess exceeds the amount a bank may pay under § 45-2-708(a) . Any such payment shall be free from the claims of any and all creditors.
(6) Notwithstanding any law to the contrary, the aggregate total death benefit payable under chapters 34-37 of this title on account of a member who dies in the line of duty shall have a value of not less than fifty thousand dollars ($50,000). Except as otherwise provided in this subsection (b), if the death benefit is payable to a single beneficiary, the guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis. In the event the beneficiary dies before receiving all of the guaranteed minimum value, a lump sum payment equal to the actuarial equivalent of the monthly benefit due over the remaining months in the sixty-month period shall be paid to the beneficiary's estate in accordance with § 8-36-120 . If the benefit is payable to multiple beneficiaries, other than to the member's surviving minor children, or to a non-human being such as a firm, organization, partnership, association, corporation, estate or trust, the guaranteed minimum value shall be paid in a lump sum. Amounts payable to multiple beneficiaries under this subdivision (b)(6) shall be distributed in equal proportions among the surviving beneficiaries.
(7) This subsection (b) shall not apply to individuals who are members of the retirement system by virtue of their employment with any employer participating in the retirement system pursuant to chapter 35 of this title unless the governing body of any such employer passes a resolution authorizing and accepting the associated liability and costs to provide such benefits.
Amended by 2014 Tenn. Acts, ch. 659, Secs.s 17, s 18, s 19, s 20, s 21 eff. 4/10/2014.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3918; Acts 1985, ch. 449, § 17; 1986, ch. 553, §§ 11-13; 1986, ch. 554, § 10; 1991, ch. 378, §§ 13, 14; 1992, ch. 843, § 18; 1995, ch. 154, §§ 1, 2; 1997 , ch. 219, §§ 1 - 3; 2001, ch. 446, §§ 1, 2; 2002, ch. 863, § 7.
Tenn. Code Ann. § 8-25-110 — TN Code / Title 8 / Chapter 25 / Section 8-25-110
Production of records described in subpoena
Status: in_force

(a) Except as provided in subsection (e), when a subpoena duces tecum is served upon any person or entity administering or providing services to a deferred compensation plan established pursuant to this part in an action or proceeding in which the person or entity is not a party, and such subpoena requires the production of all or any part of the records of the deferred compensation plan relating to a present or former plan participant, it shall be sufficient compliance if the person or entity within fourteen (14) days after being served with a subpoena duces tecum, shall file with the court clerk or the issuer, either by personal delivery or certified or registered mail, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy) of all records specifically described in such subpoena. (b) The records shall be accompanied by an affidavit of a custodian, stating in substance that: (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena. (c) If the person or entity has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner prescribed in this section. (d) (1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. (2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary. (3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made. (e) The personal attendance of the custodian may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of the information to be furnished. Where personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads: "The procedure authorized pursuant to § 8-25-110 will not be deemed sufficient compliance with this subpoena." Acts 2001, ch. 58, § 12.
(a) Except as provided in subsection (e), when a subpoena duces tecum is served upon any person or entity administering or providing services to a deferred compensation plan established pursuant to this part in an action or proceeding in which the person or entity is not a party, and such subpoena requires the production of all or any part of the records of the deferred compensation plan relating to a present or former plan participant, it shall be sufficient compliance if the person or entity within fourteen (14) days after being served with a subpoena duces tecum, shall file with the court clerk or the issuer, either by personal delivery or certified or registered mail, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy) of all records specifically described in such subpoena.
(b) The records shall be accompanied by an affidavit of a custodian, stating in substance that: (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena.
(1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and
(2) The copy is a true copy of all the records described in the subpoena.
(c) If the person or entity has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner prescribed in this section.
(d) (1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. (2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary. (3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.
(1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit.
(2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary.
(3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.
(e) The personal attendance of the custodian may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of the information to be furnished. Where personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads: "The procedure authorized pursuant to § 8-25-110 will not be deemed sufficient compliance with this subpoena."
Acts 2001, ch. 58, § 12.
Tenn. Code Ann. § 8-36-501 — TN Code / Title 8 / Chapter 36 / Section 8-36-501
Ordinary disability retirement allowances
Status: in_force

(a) Ordinary Disability Retirement Authorized. Any member who has completed the service requirement for such member's classification as set forth in subsection (b) and suffers from a total and permanent disability may be retired by the board of trustees on an ordinary disability retirement allowance. Before approval may be granted, the member must file with the retirement division an application for the retirement allowance in the manner prescribed by the retirement division. In addition, the member must provide competent medical evidence conclusively documenting that the member is totally and permanently disabled from engaging in any type of substantial gainful activity and that such disability existed at and since the date of the member's separation from service. (b) Creditable Service Required. The number of years of creditable service which a member shall have completed to be eligible for ordinary disability retirement shall be: (1) Five (5) years for a member in Group 1 or 2; and (2) Eight (8) years for a member in Group 3 or 4. (c) Amount of Allowance. (1) Upon ordinary disability retirement, a member shall receive a service retirement allowance as provided in §§ 8-36-201 - 8-36-205, if eligible therefor. Otherwise, the member shall receive an ordinary disability retirement allowance until the member's attainment of service retirement age as provided in §§ 8-36-201 - 8-36-205. The ordinary disability retirement allowance shall be equal to nine-tenths ( 9 / 10 ) of a service retirement allowance as computed in accordance with §§ 8-36-206 , 8-36-207 on the basis of the member's average final compensation and creditable service at the time of ordinary disability retirement. (2) Notwithstanding the foregoing, if the member has completed less than twenty (20) years of creditable service at the time of ordinary disability retirement, the number of years of creditable service used in calculating the ordinary disability retirement allowance under subdivision (c)(1) shall be increased to the number of years of creditable service the member would have had at the member's service retirement date had the member remained in service to such date, but not greater than twenty (20) years. This subdivision (c)(2) does not apply to members joining the retirement system after October 15, 1992. Any member joining the retirement system on or before October 14, 1992, shall receive the greater of the disability retirement allowance computed with or without this subdivision (c)(2). (3) Notwithstanding subdivision (c)(1) or (c)(2), if the member has completed less than twenty (20) years of creditable service at the time of ordinary disability retirement, the number of years of creditable service used in calculating the ordinary disability retirement allowance under subdivision (c)(1) shall be increased to the greater of ten (10) years or to the number of years of creditable service the member would have had at the member's service retirement date had the member remained in service to such date, but not greater than twenty (20) years. (4) The maximum ordinary disability retirement allowance payable under this section shall not exceed seventy-five percent (75%) of the member's average final compensation. This section shall not be construed to prevent any increase in the ordinary disability retirement allowance of a member in excess of the seventy-five percent (75%) limit when such increase is in accordance with § 8-36-124 or § 8-36-701 . (5) Except as may be reduced under subdivision (c)(7), the minimum ordinary disability retirement allowance payable under this section shall be the minimum service retirement allowance computed in accordance with § 8-36-209 on the basis of the member's creditable service at the time of ordinary disability retirement. (6) Upon the member's attainment of service retirement age as provided in §§ 8-36-201 - 8-36-205, the ordinary disability retirement allowance shall become equal to the full service retirement allowance as computed in accordance with §§ 8-36-206 - 8-36-209 . (7) Notwithstanding anything to the contrary, in all cases where a member, including a prior class member, is receiving payments from the division of claims and risk management or workers' compensation, the disability retirement allowance payable under this section shall be reduced so that the disability retirement allowance, together with payments from the division of claims and risk management and workers' compensation, does not exceed seventy-five percent (75%) of the member's average final compensation; provided, that if the member is receiving the minimum ordinary disability retirement allowance computed in accordance with § 8-36-209, such allowance shall be reduced so that the member's disability retirement allowance, together with payments from workers' compensation and the division of claims and risk management, does not exceed one hundred percent (100%) of the member's average final compensation. This section shall not be construed to prevent any increase in the ordinary disability retirement allowance of a member in excess of the seventy-five percent (75%) or the one hundred percent (100%) limit when such increase is in accordance with § 8-36-124 or § 8-36-701 . Any lump sum payment made by the division of claims and risk management or workers' compensation shall be prorated over the period of time the payments would have been made had the payments not been commuted to a lump sum. Amended by 2016 Tenn. Acts, ch. 962, s 33, eff. 4/27/2016. Acts 1972, ch. 814, § 5; 1973, ch. 347, § 14; 1974, ch. 737, §§ 3, 4; 1974, ch. 788, § 2; 1978, ch. 741, §§ 10, 13; 1979, ch. 321, §§ 2, 5; T.C.A. §§ 8-3910, 8-3912; Acts 1986, ch. 553, §§ 17, 18; 1986, ch. 554, § 17; 1989, ch. 505, § 3; 1992, ch. 733, § 1; 1993, ch. 67, § 22; 1997 , ch. 219, § 5; 1999, ch. 79, §§ 6, 7; 2001, ch. 58, §§ 18, 19; 2006, ch. 870, § 20.
(a) Ordinary Disability Retirement Authorized. Any member who has completed the service requirement for such member's classification as set forth in subsection (b) and suffers from a total and permanent disability may be retired by the board of trustees on an ordinary disability retirement allowance. Before approval may be granted, the member must file with the retirement division an application for the retirement allowance in the manner prescribed by the retirement division. In addition, the member must provide competent medical evidence conclusively documenting that the member is totally and permanently disabled from engaging in any type of substantial gainful activity and that such disability existed at and since the date of the member's separation from service.
(b) Creditable Service Required. The number of years of creditable service which a member shall have completed to be eligible for ordinary disability retirement shall be: (1) Five (5) years for a member in Group 1 or 2; and (2) Eight (8) years for a member in Group 3 or 4.
(1) Five (5) years for a member in Group 1 or 2; and
(2) Eight (8) years for a member in Group 3 or 4.
(c) Amount of Allowance. (1) Upon ordinary disability retirement, a member shall receive a service retirement allowance as provided in §§ 8-36-201 - 8-36-205, if eligible therefor. Otherwise, the member shall receive an ordinary disability retirement allowance until the member's attainment of service retirement age as provided in §§ 8-36-201 - 8-36-205. The ordinary disability retirement allowance shall be equal to nine-tenths ( 9 / 10 ) of a service retirement allowance as computed in accordance with §§ 8-36-206 , 8-36-207 on the basis of the member's average final compensation and creditable service at the time of ordinary disability retirement. (2) Notwithstanding the foregoing, if the member has completed less than twenty (20) years of creditable service at the time of ordinary disability retirement, the number of years of creditable service used in calculating the ordinary disability retirement allowance under subdivision (c)(1) shall be increased to the number of years of creditable service the member would have had at the member's service retirement date had the member remained in service to such date, but not greater than twenty (20) years. This subdivision (c)(2) does not apply to members joining the retirement system after October 15, 1992. Any member joining the retirement system on or before October 14, 1992, shall receive the greater of the disability retirement allowance computed with or without this subdivision (c)(2). (3) Notwithstanding subdivision (c)(1) or (c)(2), if the member has completed less than twenty (20) years of creditable service at the time of ordinary disability retirement, the number of years of creditable service used in calculating the ordinary disability retirement allowance under subdivision (c)(1) shall be increased to the greater of ten (10) years or to the number of years of creditable service the member would have had at the member's service retirement date had the member remained in service to such date, but not greater than twenty (20) years. (4) The maximum ordinary disability retirement allowance payable under this section shall not exceed seventy-five percent (75%) of the member's average final compensation. This section shall not be construed to prevent any increase in the ordinary disability retirement allowance of a member in excess of the seventy-five percent (75%) limit when such increase is in accordance with § 8-36-124 or § 8-36-701 . (5) Except as may be reduced under subdivision (c)(7), the minimum ordinary disability retirement allowance payable under this section shall be the minimum service retirement allowance computed in accordance with § 8-36-209 on the basis of the member's creditable service at the time of ordinary disability retirement. (6) Upon the member's attainment of service retirement age as provided in §§ 8-36-201 - 8-36-205, the ordinary disability retirement allowance shall become equal to the full service retirement allowance as computed in accordance with §§ 8-36-206 - 8-36-209 . (7) Notwithstanding anything to the contrary, in all cases where a member, including a prior class member, is receiving payments from the division of claims and risk management or workers' compensation, the disability retirement allowance payable under this section shall be reduced so that the disability retirement allowance, together with payments from the division of claims and risk management and workers' compensation, does not exceed seventy-five percent (75%) of the member's average final compensation; provided, that if the member is receiving the minimum ordinary disability retirement allowance computed in accordance with § 8-36-209, such allowance shall be reduced so that the member's disability retirement allowance, together with payments from workers' compensation and the division of claims and risk management, does not exceed one hundred percent (100%) of the member's average final compensation. This section shall not be construed to prevent any increase in the ordinary disability retirement allowance of a member in excess of the seventy-five percent (75%) or the one hundred percent (100%) limit when such increase is in accordance with § 8-36-124 or § 8-36-701 . Any lump sum payment made by the division of claims and risk management or workers' compensation shall be prorated over the period of time the payments would have been made had the payments not been commuted to a lump sum.
(1) Upon ordinary disability retirement, a member shall receive a service retirement allowance as provided in §§ 8-36-201 - 8-36-205, if eligible therefor. Otherwise, the member shall receive an ordinary disability retirement allowance until the member's attainment of service retirement age as provided in §§ 8-36-201 - 8-36-205. The ordinary disability retirement allowance shall be equal to nine-tenths ( 9 / 10 ) of a service retirement allowance as computed in accordance with §§ 8-36-206 , 8-36-207 on the basis of the member's average final compensation and creditable service at the time of ordinary disability retirement.
(2) Notwithstanding the foregoing, if the member has completed less than twenty (20) years of creditable service at the time of ordinary disability retirement, the number of years of creditable service used in calculating the ordinary disability retirement allowance under subdivision (c)(1) shall be increased to the number of years of creditable service the member would have had at the member's service retirement date had the member remained in service to such date, but not greater than twenty (20) years. This subdivision (c)(2) does not apply to members joining the retirement system after October 15, 1992. Any member joining the retirement system on or before October 14, 1992, shall receive the greater of the disability retirement allowance computed with or without this subdivision (c)(2).
(3) Notwithstanding subdivision (c)(1) or (c)(2), if the member has completed less than twenty (20) years of creditable service at the time of ordinary disability retirement, the number of years of creditable service used in calculating the ordinary disability retirement allowance under subdivision (c)(1) shall be increased to the greater of ten (10) years or to the number of years of creditable service the member would have had at the member's service retirement date had the member remained in service to such date, but not greater than twenty (20) years.
(4) The maximum ordinary disability retirement allowance payable under this section shall not exceed seventy-five percent (75%) of the member's average final compensation. This section shall not be construed to prevent any increase in the ordinary disability retirement allowance of a member in excess of the seventy-five percent (75%) limit when such increase is in accordance with § 8-36-124 or § 8-36-701 .
(5) Except as may be reduced under subdivision (c)(7), the minimum ordinary disability retirement allowance payable under this section shall be the minimum service retirement allowance computed in accordance with § 8-36-209 on the basis of the member's creditable service at the time of ordinary disability retirement.
(6) Upon the member's attainment of service retirement age as provided in §§ 8-36-201 - 8-36-205, the ordinary disability retirement allowance shall become equal to the full service retirement allowance as computed in accordance with §§ 8-36-206 - 8-36-209 .
(7) Notwithstanding anything to the contrary, in all cases where a member, including a prior class member, is receiving payments from the division of claims and risk management or workers' compensation, the disability retirement allowance payable under this section shall be reduced so that the disability retirement allowance, together with payments from the division of claims and risk management and workers' compensation, does not exceed seventy-five percent (75%) of the member's average final compensation; provided, that if the member is receiving the minimum ordinary disability retirement allowance computed in accordance with § 8-36-209, such allowance shall be reduced so that the member's disability retirement allowance, together with payments from workers' compensation and the division of claims and risk management, does not exceed one hundred percent (100%) of the member's average final compensation. This section shall not be construed to prevent any increase in the ordinary disability retirement allowance of a member in excess of the seventy-five percent (75%) or the one hundred percent (100%) limit when such increase is in accordance with § 8-36-124 or § 8-36-701 . Any lump sum payment made by the division of claims and risk management or workers' compensation shall be prorated over the period of time the payments would have been made had the payments not been commuted to a lump sum.
Amended by 2016 Tenn. Acts, ch. 962, s 33, eff. 4/27/2016.
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 14; 1974, ch. 737, §§ 3, 4; 1974, ch. 788, § 2; 1978, ch. 741, §§ 10, 13; 1979, ch. 321, §§ 2, 5; T.C.A. §§ 8-3910, 8-3912; Acts 1986, ch. 553, §§ 17, 18; 1986, ch. 554, § 17; 1989, ch. 505, § 3; 1992, ch. 733, § 1; 1993, ch. 67, § 22; 1997 , ch. 219, § 5; 1999, ch. 79, §§ 6, 7; 2001, ch. 58, §§ 18, 19; 2006, ch. 870, § 20.
Tenn. Code Ann. § 8-36-209 — TN Code / Title 8 / Chapter 36 / Section 8-36-209
Minimum allowances
Status: in_force

(a) (1) The minimum retirement allowance payable to any former member who retired from this system or the superseded Tennessee teachers' retirement system, the Tennessee state retirement system or any local teachers retirement system shall be: (A) Seven dollars ($7.00) per month for each year of creditable service for prior Class A, transferred Class A or Group 1 members with less than ten (10) years of creditable service and for all members so classified who served in a capacity covered by § 8-35-113 , regardless of their length of service; (B) Eight dollars ($8.00) per month for each year of creditable service for prior Class A, transferred Class A or Group 1 members with ten (10) or more years of creditable service whose service was not in a capacity covered by § 8-35-113 ; (C) Seven dollars sixty-six cents ($7.66) per month for each year of creditable service for prior Class B or transferred Class B members with less than ten (10) years of creditable service and for all members so classified who served in a capacity covered by § 8-35-113 regardless of their length of service; (D) Eight dollars sixty-six cents ($8.66) per month for each year of creditable service for prior Class B or transferred Class B members with ten (10) or more years of creditable service whose service was not in a capacity covered by § 8-35-113 ; and (E) Subdivisions (a)(1)(B) and (D) are optional for political subdivisions in accordance with § 8-35-217 . Political subdivisions exercising the option permitted herein must do so prior to June 15, 1984, to be effective July 1, 1984, or by May 15, 1985, to be effective July 1, 1985; thereafter, the election must be made on or before May 15, to be effective beginning the next July 1. For political subdivisions which do not elect these provisions, the minimum benefit for employees shall be determined under subdivision (a)(1)(A) or subdivision (a)(1)(C), whichever is applicable, regardless of the employee's length of service. (2) (A) Notwithstanding any other law to the contrary and commencing on July 1, 2010, the chief legislative body of any city, special school district or county may set the minimum service retirement allowance payable with respect to creditable service established pursuant to § 8-35-226 as follows: (i) Fourteen dollars ($14.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) ; or (ii) Twenty dollars ($20.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) . (B) To set the minimum service retirement allowance under either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii), the chief legislative body of the respective city, special school district or county must pass a resolution authorizing either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii) and accepting the liability therefore. Any such resolution shall apply to current and future retirees and shall become effective on the first day of any quarter following the filing of the resolution with the retirement system. No retroactive benefits shall be paid under this subdivision (a)(2). For cities, special school districts and counties that do not elect either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii), the minimum benefit for service established pursuant to § 8-35-226 shall be determined pursuant to subdivision (a)(1)(A) or (a)(1)(B), depending upon which option is exercised by the respective city, school district or county. (3) The increase in the retirement allowance of any member or retired member who elected an option shall be adjusted on the basis of the appropriate actuarial equivalent factor applicable at the date of retirement and payment of the increased allowance shall be subject to the terms of the option selected. (4) This subsection (a) does not apply to members of the general assembly. (b) (1) Notwithstanding the foregoing, the service retirement allowance with respect to creditable service as a member of the general assembly shall not be less than two hundred forty dollars ($240) multiplied by the number of years of such creditable service. (2) (A) Former members of the general assembly who have retired shall likewise be paid a minimum of two hundred forty dollars ($240) multiplied by the number of years of creditable service. (B) Effective July 1, 1989, the total benefit provided to retired members of the general assembly shall not be less than sixty percent (60%) of the amount provided in subdivision (b)(4)(A). This percentage shall be increased in equal ten percent (10%) increments each July 1, until the total retirement allowance provided to former retired members of the general assembly equals one hundred percent (100%) of the amount provided in subdivision (b)(4)(A). This provision shall be reduced in accordance with the optional retirement allowance selected by the member pursuant to § 8-36-601 . (3) (A) Notwithstanding anything to the contrary, effective July 1, 1988, any member of the general assembly retired prior to November 8, 1988, shall receive an increase in such member's retirement allowance equal to ten dollars ($10.00) per month for each year of creditable service. This increase shall be reduced in accordance with the optional retirement allowance selected by the member pursuant to § 8-36-601 . (B) Implementation of this subdivision (b)(3) shall be subject to funding being provided in the general appropriations act. (4) (A) Except as provided in subdivision (b)(5), effective November 8, 1988, the minimum allowance provided by this subsection (b) shall not be less than eight hundred forty dollars ($840) multiplied by the number of years of creditable service. In addition, § 8-36-702 does not apply to the benefit provided under this subdivision (b)(4). (B) The beneficiaries of any benefits provided in this subdivision (b)(4) may elect to receive an amount less than the amount eligible to receive; provided, that the request is in writing and irrevocable. (5) (A) For members of the general assembly who retire on or after November 5, 2024, with ten (10) or more years of service, the minimum allowance provided by this subsection (b) must not be less than one thousand four hundred forty dollars ($1,440) multiplied by the number of years of creditable service. Section 8-36-702 does not apply to the benefit provided under this subdivision (b)(5). (B) The beneficiaries of benefits provided in this subdivision (b)(5) may elect to receive an amount less than the amount that the beneficiary is otherwise eligible to receive; provided, that the election is in writing and irrevocable. Amended by 2023 Tenn. Acts, ch. 407, s 2, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 407, s 1, eff. 5/11/2023. Acts 1972, ch. 814, § 5; 1973, ch. 347, § 30; 1974, ch. 715, §§ 1, 2; T.C.A., § 8-3907; Acts 1982, ch. 771, §§ 9, 10; 1984, ch. 745, §§ 1, 6; 1985, ch. 449, § 19; 1986, ch. 568, § 4; 1987, ch. 243, § 2; 1988, ch. 973, § 8; 1989, ch. 508, § 1; 1990, ch. 835, § 3; 1990, ch. 905, § 2; 2010 , ch. 777, § 30.
(a) (1) The minimum retirement allowance payable to any former member who retired from this system or the superseded Tennessee teachers' retirement system, the Tennessee state retirement system or any local teachers retirement system shall be: (A) Seven dollars ($7.00) per month for each year of creditable service for prior Class A, transferred Class A or Group 1 members with less than ten (10) years of creditable service and for all members so classified who served in a capacity covered by § 8-35-113 , regardless of their length of service; (B) Eight dollars ($8.00) per month for each year of creditable service for prior Class A, transferred Class A or Group 1 members with ten (10) or more years of creditable service whose service was not in a capacity covered by § 8-35-113 ; (C) Seven dollars sixty-six cents ($7.66) per month for each year of creditable service for prior Class B or transferred Class B members with less than ten (10) years of creditable service and for all members so classified who served in a capacity covered by § 8-35-113 regardless of their length of service; (D) Eight dollars sixty-six cents ($8.66) per month for each year of creditable service for prior Class B or transferred Class B members with ten (10) or more years of creditable service whose service was not in a capacity covered by § 8-35-113 ; and (E) Subdivisions (a)(1)(B) and (D) are optional for political subdivisions in accordance with § 8-35-217 . Political subdivisions exercising the option permitted herein must do so prior to June 15, 1984, to be effective July 1, 1984, or by May 15, 1985, to be effective July 1, 1985; thereafter, the election must be made on or before May 15, to be effective beginning the next July 1. For political subdivisions which do not elect these provisions, the minimum benefit for employees shall be determined under subdivision (a)(1)(A) or subdivision (a)(1)(C), whichever is applicable, regardless of the employee's length of service. (2) (A) Notwithstanding any other law to the contrary and commencing on July 1, 2010, the chief legislative body of any city, special school district or county may set the minimum service retirement allowance payable with respect to creditable service established pursuant to § 8-35-226 as follows: (i) Fourteen dollars ($14.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) ; or (ii) Twenty dollars ($20.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) . (B) To set the minimum service retirement allowance under either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii), the chief legislative body of the respective city, special school district or county must pass a resolution authorizing either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii) and accepting the liability therefore. Any such resolution shall apply to current and future retirees and shall become effective on the first day of any quarter following the filing of the resolution with the retirement system. No retroactive benefits shall be paid under this subdivision (a)(2). For cities, special school districts and counties that do not elect either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii), the minimum benefit for service established pursuant to § 8-35-226 shall be determined pursuant to subdivision (a)(1)(A) or (a)(1)(B), depending upon which option is exercised by the respective city, school district or county. (3) The increase in the retirement allowance of any member or retired member who elected an option shall be adjusted on the basis of the appropriate actuarial equivalent factor applicable at the date of retirement and payment of the increased allowance shall be subject to the terms of the option selected. (4) This subsection (a) does not apply to members of the general assembly.
(1) The minimum retirement allowance payable to any former member who retired from this system or the superseded Tennessee teachers' retirement system, the Tennessee state retirement system or any local teachers retirement system shall be: (A) Seven dollars ($7.00) per month for each year of creditable service for prior Class A, transferred Class A or Group 1 members with less than ten (10) years of creditable service and for all members so classified who served in a capacity covered by § 8-35-113 , regardless of their length of service; (B) Eight dollars ($8.00) per month for each year of creditable service for prior Class A, transferred Class A or Group 1 members with ten (10) or more years of creditable service whose service was not in a capacity covered by § 8-35-113 ; (C) Seven dollars sixty-six cents ($7.66) per month for each year of creditable service for prior Class B or transferred Class B members with less than ten (10) years of creditable service and for all members so classified who served in a capacity covered by § 8-35-113 regardless of their length of service; (D) Eight dollars sixty-six cents ($8.66) per month for each year of creditable service for prior Class B or transferred Class B members with ten (10) or more years of creditable service whose service was not in a capacity covered by § 8-35-113 ; and (E) Subdivisions (a)(1)(B) and (D) are optional for political subdivisions in accordance with § 8-35-217 . Political subdivisions exercising the option permitted herein must do so prior to June 15, 1984, to be effective July 1, 1984, or by May 15, 1985, to be effective July 1, 1985; thereafter, the election must be made on or before May 15, to be effective beginning the next July 1. For political subdivisions which do not elect these provisions, the minimum benefit for employees shall be determined under subdivision (a)(1)(A) or subdivision (a)(1)(C), whichever is applicable, regardless of the employee's length of service.
(A) Seven dollars ($7.00) per month for each year of creditable service for prior Class A, transferred Class A or Group 1 members with less than ten (10) years of creditable service and for all members so classified who served in a capacity covered by § 8-35-113 , regardless of their length of service;
(B) Eight dollars ($8.00) per month for each year of creditable service for prior Class A, transferred Class A or Group 1 members with ten (10) or more years of creditable service whose service was not in a capacity covered by § 8-35-113 ;
(C) Seven dollars sixty-six cents ($7.66) per month for each year of creditable service for prior Class B or transferred Class B members with less than ten (10) years of creditable service and for all members so classified who served in a capacity covered by § 8-35-113 regardless of their length of service;
(D) Eight dollars sixty-six cents ($8.66) per month for each year of creditable service for prior Class B or transferred Class B members with ten (10) or more years of creditable service whose service was not in a capacity covered by § 8-35-113 ; and
(E) Subdivisions (a)(1)(B) and (D) are optional for political subdivisions in accordance with § 8-35-217 . Political subdivisions exercising the option permitted herein must do so prior to June 15, 1984, to be effective July 1, 1984, or by May 15, 1985, to be effective July 1, 1985; thereafter, the election must be made on or before May 15, to be effective beginning the next July 1. For political subdivisions which do not elect these provisions, the minimum benefit for employees shall be determined under subdivision (a)(1)(A) or subdivision (a)(1)(C), whichever is applicable, regardless of the employee's length of service.
(2) (A) Notwithstanding any other law to the contrary and commencing on July 1, 2010, the chief legislative body of any city, special school district or county may set the minimum service retirement allowance payable with respect to creditable service established pursuant to § 8-35-226 as follows: (i) Fourteen dollars ($14.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) ; or (ii) Twenty dollars ($20.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) . (B) To set the minimum service retirement allowance under either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii), the chief legislative body of the respective city, special school district or county must pass a resolution authorizing either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii) and accepting the liability therefore. Any such resolution shall apply to current and future retirees and shall become effective on the first day of any quarter following the filing of the resolution with the retirement system. No retroactive benefits shall be paid under this subdivision (a)(2). For cities, special school districts and counties that do not elect either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii), the minimum benefit for service established pursuant to § 8-35-226 shall be determined pursuant to subdivision (a)(1)(A) or (a)(1)(B), depending upon which option is exercised by the respective city, school district or county.
(A) Notwithstanding any other law to the contrary and commencing on July 1, 2010, the chief legislative body of any city, special school district or county may set the minimum service retirement allowance payable with respect to creditable service established pursuant to § 8-35-226 as follows: (i) Fourteen dollars ($14.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) ; or (ii) Twenty dollars ($20.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) .
(i) Fourteen dollars ($14.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) ; or
(ii) Twenty dollars ($20.00) per month for each year of such creditable service adjusted effective July 1, 2011, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) .
(B) To set the minimum service retirement allowance under either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii), the chief legislative body of the respective city, special school district or county must pass a resolution authorizing either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii) and accepting the liability therefore. Any such resolution shall apply to current and future retirees and shall become effective on the first day of any quarter following the filing of the resolution with the retirement system. No retroactive benefits shall be paid under this subdivision (a)(2). For cities, special school districts and counties that do not elect either subdivision (a)(2)(A)(i) or (a)(2)(A)(ii), the minimum benefit for service established pursuant to § 8-35-226 shall be determined pursuant to subdivision (a)(1)(A) or (a)(1)(B), depending upon which option is exercised by the respective city, school district or county.
(3) The increase in the retirement allowance of any member or retired member who elected an option shall be adjusted on the basis of the appropriate actuarial equivalent factor applicable at the date of retirement and payment of the increased allowance shall be subject to the terms of the option selected.
(4) This subsection (a) does not apply to members of the general assembly.
(b) (1) Notwithstanding the foregoing, the service retirement allowance with respect to creditable service as a member of the general assembly shall not be less than two hundred forty dollars ($240) multiplied by the number of years of such creditable service. (2) (A) Former members of the general assembly who have retired shall likewise be paid a minimum of two hundred forty dollars ($240) multiplied by the number of years of creditable service. (B) Effective July 1, 1989, the total benefit provided to retired members of the general assembly shall not be less than sixty percent (60%) of the amount provided in subdivision (b)(4)(A). This percentage shall be increased in equal ten percent (10%) increments each July 1, until the total retirement allowance provided to former retired members of the general assembly equals one hundred percent (100%) of the amount provided in subdivision (b)(4)(A). This provision shall be reduced in accordance with the optional retirement allowance selected by the member pursuant to § 8-36-601 . (3) (A) Notwithstanding anything to the contrary, effective July 1, 1988, any member of the general assembly retired prior to November 8, 1988, shall receive an increase in such member's retirement allowance equal to ten dollars ($10.00) per month for each year of creditable service. This increase shall be reduced in accordance with the optional retirement allowance selected by the member pursuant to § 8-36-601 . (B) Implementation of this subdivision (b)(3) shall be subject to funding being provided in the general appropriations act. (4) (A) Except as provided in subdivision (b)(5), effective November 8, 1988, the minimum allowance provided by this subsection (b) shall not be less than eight hundred forty dollars ($840) multiplied by the number of years of creditable service. In addition, § 8-36-702 does not apply to the benefit provided under this subdivision (b)(4). (B) The beneficiaries of any benefits provided in this subdivision (b)(4) may elect to receive an amount less than the amount eligible to receive; provided, that the request is in writing and irrevocable. (5) (A) For members of the general assembly who retire on or after November 5, 2024, with ten (10) or more years of service, the minimum allowance provided by this subsection (b) must not be less than one thousand four hundred forty dollars ($1,440) multiplied by the number of years of creditable service. Section 8-36-702 does not apply to the benefit provided under this subdivision (b)(5). (B) The beneficiaries of benefits provided in this subdivision (b)(5) may elect to receive an amount less than the amount that the beneficiary is otherwise eligible to receive; provided, that the election is in writing and irrevocable.
(1) Notwithstanding the foregoing, the service retirement allowance with respect to creditable service as a member of the general assembly shall not be less than two hundred forty dollars ($240) multiplied by the number of years of such creditable service.
(2) (A) Former members of the general assembly who have retired shall likewise be paid a minimum of two hundred forty dollars ($240) multiplied by the number of years of creditable service. (B) Effective July 1, 1989, the total benefit provided to retired members of the general assembly shall not be less than sixty percent (60%) of the amount provided in subdivision (b)(4)(A). This percentage shall be increased in equal ten percent (10%) increments each July 1, until the total retirement allowance provided to former retired members of the general assembly equals one hundred percent (100%) of the amount provided in subdivision (b)(4)(A). This provision shall be reduced in accordance with the optional retirement allowance selected by the member pursuant to § 8-36-601 .
(A) Former members of the general assembly who have retired shall likewise be paid a minimum of two hundred forty dollars ($240) multiplied by the number of years of creditable service.
(B) Effective July 1, 1989, the total benefit provided to retired members of the general assembly shall not be less than sixty percent (60%) of the amount provided in subdivision (b)(4)(A). This percentage shall be increased in equal ten percent (10%) increments each July 1, until the total retirement allowance provided to former retired members of the general assembly equals one hundred percent (100%) of the amount provided in subdivision (b)(4)(A). This provision shall be reduced in accordance with the optional retirement allowance selected by the member pursuant to § 8-36-601 .
(3) (A) Notwithstanding anything to the contrary, effective July 1, 1988, any member of the general assembly retired prior to November 8, 1988, shall receive an increase in such member's retirement allowance equal to ten dollars ($10.00) per month for each year of creditable service. This increase shall be reduced in accordance with the optional retirement allowance selected by the member pursuant to § 8-36-601 . (B) Implementation of this subdivision (b)(3) shall be subject to funding being provided in the general appropriations act.
(A) Notwithstanding anything to the contrary, effective July 1, 1988, any member of the general assembly retired prior to November 8, 1988, shall receive an increase in such member's retirement allowance equal to ten dollars ($10.00) per month for each year of creditable service. This increase shall be reduced in accordance with the optional retirement allowance selected by the member pursuant to § 8-36-601 .
(B) Implementation of this subdivision (b)(3) shall be subject to funding being provided in the general appropriations act.
(4) (A) Except as provided in subdivision (b)(5), effective November 8, 1988, the minimum allowance provided by this subsection (b) shall not be less than eight hundred forty dollars ($840) multiplied by the number of years of creditable service. In addition, § 8-36-702 does not apply to the benefit provided under this subdivision (b)(4). (B) The beneficiaries of any benefits provided in this subdivision (b)(4) may elect to receive an amount less than the amount eligible to receive; provided, that the request is in writing and irrevocable.
(A) Except as provided in subdivision (b)(5), effective November 8, 1988, the minimum allowance provided by this subsection (b) shall not be less than eight hundred forty dollars ($840) multiplied by the number of years of creditable service. In addition, § 8-36-702 does not apply to the benefit provided under this subdivision (b)(4).
(B) The beneficiaries of any benefits provided in this subdivision (b)(4) may elect to receive an amount less than the amount eligible to receive; provided, that the request is in writing and irrevocable.
(5) (A) For members of the general assembly who retire on or after November 5, 2024, with ten (10) or more years of service, the minimum allowance provided by this subsection (b) must not be less than one thousand four hundred forty dollars ($1,440) multiplied by the number of years of creditable service. Section 8-36-702 does not apply to the benefit provided under this subdivision (b)(5). (B) The beneficiaries of benefits provided in this subdivision (b)(5) may elect to receive an amount less than the amount that the beneficiary is otherwise eligible to receive; provided, that the election is in writing and irrevocable.
(A) For members of the general assembly who retire on or after November 5, 2024, with ten (10) or more years of service, the minimum allowance provided by this subsection (b) must not be less than one thousand four hundred forty dollars ($1,440) multiplied by the number of years of creditable service. Section 8-36-702 does not apply to the benefit provided under this subdivision (b)(5).
(B) The beneficiaries of benefits provided in this subdivision (b)(5) may elect to receive an amount less than the amount that the beneficiary is otherwise eligible to receive; provided, that the election is in writing and irrevocable.
Amended by 2023 Tenn. Acts, ch. 407, s 2, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 407, s 1, eff. 5/11/2023.
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 30; 1974, ch. 715, §§ 1, 2; T.C.A., § 8-3907; Acts 1982, ch. 771, §§ 9, 10; 1984, ch. 745, §§ 1, 6; 1985, ch. 449, § 19; 1986, ch. 568, § 4; 1987, ch. 243, § 2; 1988, ch. 973, § 8; 1989, ch. 508, § 1; 1990, ch. 835, § 3; 1990, ch. 905, § 2; 2010 , ch. 777, § 30.
Tenn. Code Ann. § 8-35-403 — TN Code / Title 8 / Chapter 35 / Section 8-35-403
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015. Acts 1972, ch. 814, § 12; 1978, ch. 740, § 2; T.C.A., § 8-3936; Acts 1981, ch. 508, § 6; 1988, ch. 973, § 6; 1993, ch. 345, §§ 4, 5; 2001, ch. 58, § 6; 2004, ch. 631, § 7; 2004, ch. 738, §§ 1, 2; 2005, ch. 204, §§ 8, 9; 2006, ch. 870, § 16; 2007 , ch. 184, § 8; 2010 , ch. 777, §§ 23 - 25.
Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015.
Acts 1972, ch. 814, § 12; 1978, ch. 740, § 2; T.C.A., § 8-3936; Acts 1981, ch. 508, § 6; 1988, ch. 973, § 6; 1993, ch. 345, §§ 4, 5; 2001, ch. 58, § 6; 2004, ch. 631, § 7; 2004, ch. 738, §§ 1, 2; 2005, ch. 204, §§ 8, 9; 2006, ch. 870, § 16; 2007 , ch. 184, § 8; 2010 , ch. 777, §§ 23 - 25.
Tenn. Code Ann. § 8-37-302 — TN Code / Title 8 / Chapter 37 / Section 8-37-302
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 990,s 2, eff. 5/22/2014. Acts 1972, ch. 814, § 8; 1974, ch. 788, § 7; 1978, ch. 741, § 4; T.C.A., § 8-3930(2).
Repealed by 2014 Tenn. Acts, ch. 990,s 2, eff. 5/22/2014.
Acts 1972, ch. 814, § 8; 1974, ch. 788, § 7; 1978, ch. 741, § 4; T.C.A., § 8-3930(2).
Tenn. Code Ann. § 8-8-222 — TN Code / Title 8 / Chapter 8 / Section 8-8-222
Determination if person being served with order or protection has outstanding criminal warrant - Service of criminal warrant or notification of agency holding warrant
Status: in_force

A sheriff, deputy sheriff, or constable serving an order of protection or ex parte order of protection shall, prior to or at the time of service, make reasonable efforts to determine whether the person being served has an outstanding criminal warrant. If the person being served has an outstanding criminal warrant, then the sheriff, deputy sheriff, or constable shall either serve the outstanding criminal warrant or notify the agency holding the criminal warrant of the person's location. Added by 2022 Tenn. Acts, ch. 893,s 1, eff. 4/14/2022.
A sheriff, deputy sheriff, or constable serving an order of protection or ex parte order of protection shall, prior to or at the time of service, make reasonable efforts to determine whether the person being served has an outstanding criminal warrant. If the person being served has an outstanding criminal warrant, then the sheriff, deputy sheriff, or constable shall either serve the outstanding criminal warrant or notify the agency holding the criminal warrant of the person's location.
Added by 2022 Tenn. Acts, ch. 893,s 1, eff. 4/14/2022.
Tenn. Code Ann. § 8-37-304 — TN Code / Title 8 / Chapter 37 / Section 8-37-304
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 990,s 2, eff. 5/22/2014. Acts 1972, ch. 814, § 8; 1978, ch. 788, § 6; T.C.A., § 8-3930(2); Acts 1984, ch. 601, § 12; 1993, ch. 345, § 1.
Repealed by 2014 Tenn. Acts, ch. 990,s 2, eff. 5/22/2014.
Acts 1972, ch. 814, § 8; 1978, ch. 788, § 6; T.C.A., § 8-3930(2); Acts 1984, ch. 601, § 12; 1993, ch. 345, § 1.
Tenn. Code Ann. § 8-34-402 — TN Code / Title 8 / Chapter 34 / Section 8-34-402
Powers and duties
Status: in_force

The medical advisors shall arrange for and pass upon all medical examinations required under chapters 34-37 of this title, and shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement, and shall report in writing to the board of trustees their conclusions and recommendations upon all the matters referred to them. Acts 1972, ch. 814, § 6; T.C.A., § 8-3927; Acts 2009, ch. 142, §§ 4, 5.
The medical advisors shall arrange for and pass upon all medical examinations required under chapters 34-37 of this title, and shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement, and shall report in writing to the board of trustees their conclusions and recommendations upon all the matters referred to them.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3927; Acts 2009, ch. 142, §§ 4, 5.
Tenn. Code Ann. § 8-23-203 — TN Code / Title 8 / Chapter 23 / Section 8-23-203
Blind employees
Status: in_force

All blind persons employed in the state of Tennessee whose salary is paid by the state of Tennessee shall be paid not less than the federal minimum wage as provided by the Fair Labor Standards Act of 1938 ( 29 U.S.C. § 201 et seq.). Acts 1975, ch. 79, § 1; T.C.A., § 8-2312.
All blind persons employed in the state of Tennessee whose salary is paid by the state of Tennessee shall be paid not less than the federal minimum wage as provided by the Fair Labor Standards Act of 1938 ( 29 U.S.C. § 201 et seq.).
Acts 1975, ch. 79, § 1; T.C.A., § 8-2312.
Tenn. Code Ann. § 8-36-201 — TN Code / Title 8 / Chapter 36 / Section 8-36-201
Eligibility for retirement - Dispensation of benefits
Status: in_force

(a) Group 1. (1) Any member in Group 1 shall be one hundred percent (100%) vested in the member's service retirement benefit upon attainment of sixty (60) years of age or upon completion of thirty (30) years of creditable service; provided, that any member of Group 1 who became a member of the retirement system on or after January 1, 1992, must have five (5) years of creditable service. (2) Any member in Group 1 who has creditable service in a Group 1 position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit established pursuant to § 8-36-211 shall be eligible for service retirement upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the member was in a Group 1 position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the member's retirement benefits under § 8-36-206 . (b) Group 2. (1) Any member in Group 2 shall be one hundred percent (100%) vested in the member's service retirement benefit upon satisfying one (1) of the following: (A) Attainment of sixty (60) years of age; provided, that any member of Group 2 who became a member of the retirement system on or after July 1, 1979, must have ten (10) years of creditable service; or (B) At any age upon completion of thirty (30) years of creditable service; provided, that this subdivision (b)(1)(B) shall be optional for political subdivisions participating under chapter 35 of this title. (2) (A) Any member in Group 2 shall be eligible for an unreduced service retirement upon attainment of fifty-five (55) years of age or completion of twenty-five (25) years of creditable service; provided, that within ninety (90) days of July 1, 1985, such member irrevocably elects to contribute five percent (5%) of such member's earnable compensation in addition to the contributions required by § 8-37-202 . An employee or elected or appointed official of this state or any political subdivision thereof who is convicted in any state or federal court of a felony arising out of the employee's or official's employment or official capacity constituting malfeasance in office shall forfeit that employee's or official's retirement benefits in accordance with § 8-35-124 . (B) (i) Any Group 2 member who elected to come under subdivision (b)(2)(A) and who continues in service after age fifty-five (55) and after completion of twenty-five (25) years of creditable service, or after completion of thirty (30) years of creditable service regardless of age shall be paid the additional contributions made by such member under subdivision (b)(2)(A) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 2 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under subdivision (b)(2)(A). (ii) This subdivision (b)(2)(B) does not apply to any member whose Group 2 service was rendered to a political subdivision unless the governing body of such political subdivision passes a resolution authorizing the return of contributions pursuant to this subdivision (b)(2)(B). (c) Group 3. Any member in Group 3 shall be one hundred percent (100%) vested in the member's service retirement benefit upon attainment of sixty-five (65) years of age; provided, that any member of Group 3 who became a member of the retirement system on or after July 1, 1979, must have ten (10) years of creditable service. Any member in Group 3 shall be eligible for an unreduced service retirement upon attainment of fifty-five (55) years of age and completion of twenty-four (24) years of creditable service or upon completion of thirty (30) years of creditable service. (d) Group 4. Any member in Group 4 shall be one hundred percent (100%) vested in the member's service retirement benefit upon attainment of sixty (60) years of age with eight (8) years of creditable service. Any member in Group 4 shall be eligible for an unreduced service retirement upon the attainment of fifty-five (55) years of age with twenty-four (24) years of creditable service. (e) No member of the general assembly shall be eligible for a retirement allowance before fifty-five (55) years of age except in the case of a disability. (f) Any state general employee shall be one hundred percent (100%) vested in the employee's service retirement benefit upon attainment of sixty (60) years of age and the establishment of a minimum of seven (7) years of creditable service rendered during twenty (20) years of part-time employment. (g) (1) Notwithstanding any other law to the contrary, any member in Group 1 who was previously a member of the superseded state retirement system in a classification that provides a service retirement benefit after twenty-five (25) years of service shall be eligible for a service retirement benefit upon completion of twenty-five (25) years of creditable service; provided, that such member must have reestablished service withdrawn from such superseded system and that within ninety (90) days of July 1, 1989, such member irrevocably elects to contribute five percent (5%) of such member's earnable compensation in addition to the contributions required by § 8-37-202 . (2) Any Group 1 member who elected to come under subdivision (g)(1) and who continues in service after completion of thirty (30) years of creditable service shall be paid the additional contributions made by such member under subdivision (g)(1) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 1 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under subdivision (g)(1). (h) A member shall be one hundred percent (100%) vested in the member's accumulated contributions at all times. (i) In the event of a full or partial termination of, or a complete discontinuance of employer contributions to, the plan, the accrued benefits of the affected members under the plan shall be one hundred percent (100%) vested and nonforfeitable to the extent funded and to the extent required by federal law. (j) In conformity with § 401(a)(8) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(8) ) any forfeitures of benefits by members or former members shall not be used to pay benefit increases. However, such forfeitures shall be used to reduce employer contributions. Amended by 2016 Tenn. Acts, ch. 605, s 7, eff. 3/17/2016. Acts 1972, ch. 814, § 5; 1973, ch. 347, § 17; 1975, ch. 315, § 5; 1976, ch. 604, § 1; T.C.A., §§ 8-3905(a), 8-3914(b); Acts 1982, ch. 885, § 1; 1983, ch. 308, § 1; 1983, ch. 342, § 6; 1984, ch. 601, § 2; 1985, ch. 353, § 1; 1986, ch. 554, § 12; 1986, ch. 568, § 3; 1989, ch. 509, § 1; 1993, ch. 508, § 4; 1994, ch. 863, § 1; 1997 , ch. 67, § 1; 1998, ch. 1011, § 3; 1998, ch. 1072, § 1; 1999, ch. 273, § 1; 2007 , ch. 488, § 1; 2010 , ch. 777, § 28.
(a) Group 1. (1) Any member in Group 1 shall be one hundred percent (100%) vested in the member's service retirement benefit upon attainment of sixty (60) years of age or upon completion of thirty (30) years of creditable service; provided, that any member of Group 1 who became a member of the retirement system on or after January 1, 1992, must have five (5) years of creditable service. (2) Any member in Group 1 who has creditable service in a Group 1 position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit established pursuant to § 8-36-211 shall be eligible for service retirement upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the member was in a Group 1 position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the member's retirement benefits under § 8-36-206 .
(1) Any member in Group 1 shall be one hundred percent (100%) vested in the member's service retirement benefit upon attainment of sixty (60) years of age or upon completion of thirty (30) years of creditable service; provided, that any member of Group 1 who became a member of the retirement system on or after January 1, 1992, must have five (5) years of creditable service.
(2) Any member in Group 1 who has creditable service in a Group 1 position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit established pursuant to § 8-36-211 shall be eligible for service retirement upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the member was in a Group 1 position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the member's retirement benefits under § 8-36-206 .
(b) Group 2. (1) Any member in Group 2 shall be one hundred percent (100%) vested in the member's service retirement benefit upon satisfying one (1) of the following: (A) Attainment of sixty (60) years of age; provided, that any member of Group 2 who became a member of the retirement system on or after July 1, 1979, must have ten (10) years of creditable service; or (B) At any age upon completion of thirty (30) years of creditable service; provided, that this subdivision (b)(1)(B) shall be optional for political subdivisions participating under chapter 35 of this title. (2) (A) Any member in Group 2 shall be eligible for an unreduced service retirement upon attainment of fifty-five (55) years of age or completion of twenty-five (25) years of creditable service; provided, that within ninety (90) days of July 1, 1985, such member irrevocably elects to contribute five percent (5%) of such member's earnable compensation in addition to the contributions required by § 8-37-202 . An employee or elected or appointed official of this state or any political subdivision thereof who is convicted in any state or federal court of a felony arising out of the employee's or official's employment or official capacity constituting malfeasance in office shall forfeit that employee's or official's retirement benefits in accordance with § 8-35-124 . (B) (i) Any Group 2 member who elected to come under subdivision (b)(2)(A) and who continues in service after age fifty-five (55) and after completion of twenty-five (25) years of creditable service, or after completion of thirty (30) years of creditable service regardless of age shall be paid the additional contributions made by such member under subdivision (b)(2)(A) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 2 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under subdivision (b)(2)(A). (ii) This subdivision (b)(2)(B) does not apply to any member whose Group 2 service was rendered to a political subdivision unless the governing body of such political subdivision passes a resolution authorizing the return of contributions pursuant to this subdivision (b)(2)(B).
(1) Any member in Group 2 shall be one hundred percent (100%) vested in the member's service retirement benefit upon satisfying one (1) of the following: (A) Attainment of sixty (60) years of age; provided, that any member of Group 2 who became a member of the retirement system on or after July 1, 1979, must have ten (10) years of creditable service; or (B) At any age upon completion of thirty (30) years of creditable service; provided, that this subdivision (b)(1)(B) shall be optional for political subdivisions participating under chapter 35 of this title.
(A) Attainment of sixty (60) years of age; provided, that any member of Group 2 who became a member of the retirement system on or after July 1, 1979, must have ten (10) years of creditable service; or
(B) At any age upon completion of thirty (30) years of creditable service; provided, that this subdivision (b)(1)(B) shall be optional for political subdivisions participating under chapter 35 of this title.
(2) (A) Any member in Group 2 shall be eligible for an unreduced service retirement upon attainment of fifty-five (55) years of age or completion of twenty-five (25) years of creditable service; provided, that within ninety (90) days of July 1, 1985, such member irrevocably elects to contribute five percent (5%) of such member's earnable compensation in addition to the contributions required by § 8-37-202 . An employee or elected or appointed official of this state or any political subdivision thereof who is convicted in any state or federal court of a felony arising out of the employee's or official's employment or official capacity constituting malfeasance in office shall forfeit that employee's or official's retirement benefits in accordance with § 8-35-124 . (B) (i) Any Group 2 member who elected to come under subdivision (b)(2)(A) and who continues in service after age fifty-five (55) and after completion of twenty-five (25) years of creditable service, or after completion of thirty (30) years of creditable service regardless of age shall be paid the additional contributions made by such member under subdivision (b)(2)(A) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 2 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under subdivision (b)(2)(A). (ii) This subdivision (b)(2)(B) does not apply to any member whose Group 2 service was rendered to a political subdivision unless the governing body of such political subdivision passes a resolution authorizing the return of contributions pursuant to this subdivision (b)(2)(B).
(A) Any member in Group 2 shall be eligible for an unreduced service retirement upon attainment of fifty-five (55) years of age or completion of twenty-five (25) years of creditable service; provided, that within ninety (90) days of July 1, 1985, such member irrevocably elects to contribute five percent (5%) of such member's earnable compensation in addition to the contributions required by § 8-37-202 . An employee or elected or appointed official of this state or any political subdivision thereof who is convicted in any state or federal court of a felony arising out of the employee's or official's employment or official capacity constituting malfeasance in office shall forfeit that employee's or official's retirement benefits in accordance with § 8-35-124 .
(B) (i) Any Group 2 member who elected to come under subdivision (b)(2)(A) and who continues in service after age fifty-five (55) and after completion of twenty-five (25) years of creditable service, or after completion of thirty (30) years of creditable service regardless of age shall be paid the additional contributions made by such member under subdivision (b)(2)(A) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 2 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under subdivision (b)(2)(A). (ii) This subdivision (b)(2)(B) does not apply to any member whose Group 2 service was rendered to a political subdivision unless the governing body of such political subdivision passes a resolution authorizing the return of contributions pursuant to this subdivision (b)(2)(B).
(i) Any Group 2 member who elected to come under subdivision (b)(2)(A) and who continues in service after age fifty-five (55) and after completion of twenty-five (25) years of creditable service, or after completion of thirty (30) years of creditable service regardless of age shall be paid the additional contributions made by such member under subdivision (b)(2)(A) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 2 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under subdivision (b)(2)(A).
(ii) This subdivision (b)(2)(B) does not apply to any member whose Group 2 service was rendered to a political subdivision unless the governing body of such political subdivision passes a resolution authorizing the return of contributions pursuant to this subdivision (b)(2)(B).
(c) Group 3. Any member in Group 3 shall be one hundred percent (100%) vested in the member's service retirement benefit upon attainment of sixty-five (65) years of age; provided, that any member of Group 3 who became a member of the retirement system on or after July 1, 1979, must have ten (10) years of creditable service. Any member in Group 3 shall be eligible for an unreduced service retirement upon attainment of fifty-five (55) years of age and completion of twenty-four (24) years of creditable service or upon completion of thirty (30) years of creditable service.
(d) Group 4. Any member in Group 4 shall be one hundred percent (100%) vested in the member's service retirement benefit upon attainment of sixty (60) years of age with eight (8) years of creditable service. Any member in Group 4 shall be eligible for an unreduced service retirement upon the attainment of fifty-five (55) years of age with twenty-four (24) years of creditable service.
(e) No member of the general assembly shall be eligible for a retirement allowance before fifty-five (55) years of age except in the case of a disability.
(f) Any state general employee shall be one hundred percent (100%) vested in the employee's service retirement benefit upon attainment of sixty (60) years of age and the establishment of a minimum of seven (7) years of creditable service rendered during twenty (20) years of part-time employment.
(g) (1) Notwithstanding any other law to the contrary, any member in Group 1 who was previously a member of the superseded state retirement system in a classification that provides a service retirement benefit after twenty-five (25) years of service shall be eligible for a service retirement benefit upon completion of twenty-five (25) years of creditable service; provided, that such member must have reestablished service withdrawn from such superseded system and that within ninety (90) days of July 1, 1989, such member irrevocably elects to contribute five percent (5%) of such member's earnable compensation in addition to the contributions required by § 8-37-202 . (2) Any Group 1 member who elected to come under subdivision (g)(1) and who continues in service after completion of thirty (30) years of creditable service shall be paid the additional contributions made by such member under subdivision (g)(1) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 1 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under subdivision (g)(1).
(1) Notwithstanding any other law to the contrary, any member in Group 1 who was previously a member of the superseded state retirement system in a classification that provides a service retirement benefit after twenty-five (25) years of service shall be eligible for a service retirement benefit upon completion of twenty-five (25) years of creditable service; provided, that such member must have reestablished service withdrawn from such superseded system and that within ninety (90) days of July 1, 1989, such member irrevocably elects to contribute five percent (5%) of such member's earnable compensation in addition to the contributions required by § 8-37-202 .
(2) Any Group 1 member who elected to come under subdivision (g)(1) and who continues in service after completion of thirty (30) years of creditable service shall be paid the additional contributions made by such member under subdivision (g)(1) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 1 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under subdivision (g)(1).
(h) A member shall be one hundred percent (100%) vested in the member's accumulated contributions at all times.
(i) In the event of a full or partial termination of, or a complete discontinuance of employer contributions to, the plan, the accrued benefits of the affected members under the plan shall be one hundred percent (100%) vested and nonforfeitable to the extent funded and to the extent required by federal law.
(j) In conformity with § 401(a)(8) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(8) ) any forfeitures of benefits by members or former members shall not be used to pay benefit increases. However, such forfeitures shall be used to reduce employer contributions.
Amended by 2016 Tenn. Acts, ch. 605, s 7, eff. 3/17/2016.
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 17; 1975, ch. 315, § 5; 1976, ch. 604, § 1; T.C.A., §§ 8-3905(a), 8-3914(b); Acts 1982, ch. 885, § 1; 1983, ch. 308, § 1; 1983, ch. 342, § 6; 1984, ch. 601, § 2; 1985, ch. 353, § 1; 1986, ch. 554, § 12; 1986, ch. 568, § 3; 1989, ch. 509, § 1; 1993, ch. 508, § 4; 1994, ch. 863, § 1; 1997 , ch. 67, § 1; 1998, ch. 1011, § 3; 1998, ch. 1072, § 1; 1999, ch. 273, § 1; 2007 , ch. 488, § 1; 2010 , ch. 777, § 28.
Tenn. Code Ann. § 8-22-117 — TN Code / Title 8 / Chapter 22 / Section 8-22-117
Tax provisions unaffected
Status: in_force

Sections 8-22-101 - 8-22-113, [former] 8-22-114 [repealed], 8-22-115, [former] 8-22-116 [repealed], shall not affect the state tax on litigation, nor the state tax on any transfers affecting realty, nor any other state tax which is or may be collected by any one (1) of the officers enumerated in § 8-22-101 for the benefit of the county or state, but all such taxes shall be collected by such officers and shall be accounted for by them to the state or county, as is provided by law. Acts 1921, ch. 101, § 15; Shan. Supp., § 6428a52; Code 1932, § 10741; T.C.A. (orig. ed.), § 8-2217.
Sections 8-22-101 - 8-22-113, [former] 8-22-114 [repealed], 8-22-115, [former] 8-22-116 [repealed], shall not affect the state tax on litigation, nor the state tax on any transfers affecting realty, nor any other state tax which is or may be collected by any one (1) of the officers enumerated in § 8-22-101 for the benefit of the county or state, but all such taxes shall be collected by such officers and shall be accounted for by them to the state or county, as is provided by law.
Acts 1921, ch. 101, § 15; Shan. Supp., § 6428a52; Code 1932, § 10741; T.C.A. (orig. ed.), § 8-2217.
Tenn. Code Ann. § 8-7-601 — TN Code / Title 8 / Chapter 7 / Section 8-7-601
Short title
Status: in_force

This part shall be known as the "District Attorneys General Fiscal Affairs Act." Acts 1986, ch. 766, § 1.
This part shall be known as the "District Attorneys General Fiscal Affairs Act."
Acts 1986, ch. 766, § 1.
Tenn. Code Ann. § 8-34-614 — TN Code / Title 8 / Chapter 34 / Section 8-34-614
Teacher previously ineligible to earn service credit after reemployment now eligible under certain conditions
Status: in_force

(a) Any teacher who had retired prior to July 1, 1972, and returned to teaching service, and was ineligible to make further contributions to the Tennessee teachers' retirement system, shall now be eligible to claim such years for retirement credit; provided, that such teacher has not reached sixty-five (65) years of age; and provided further, that a lump sum deposit be made which would equal the amount that such teacher would have contributed had such teacher been a member of the system, plus interest at the rate designated in § 8-37-214 . (b) Such amounts so deposited shall become a part of the teacher's accumulated contributions in the same manner as if the contributions had been timely paid. (c) Any creditable service established under these provisions shall be added to such member's previously established creditable service, and upon subsequent retirement, the teacher's retirement allowance shall be based on such member's compensation and creditable service before and after the period of prior retirement. Acts 1973, ch. 347, § 20; 1979, ch. 320, § 10; T.C.A., § 8-3922(b).
(a) Any teacher who had retired prior to July 1, 1972, and returned to teaching service, and was ineligible to make further contributions to the Tennessee teachers' retirement system, shall now be eligible to claim such years for retirement credit; provided, that such teacher has not reached sixty-five (65) years of age; and provided further, that a lump sum deposit be made which would equal the amount that such teacher would have contributed had such teacher been a member of the system, plus interest at the rate designated in § 8-37-214 .
(b) Such amounts so deposited shall become a part of the teacher's accumulated contributions in the same manner as if the contributions had been timely paid.
(c) Any creditable service established under these provisions shall be added to such member's previously established creditable service, and upon subsequent retirement, the teacher's retirement allowance shall be based on such member's compensation and creditable service before and after the period of prior retirement.
Acts 1973, ch. 347, § 20; 1979, ch. 320, § 10; T.C.A., § 8-3922(b).
Tenn. Code Ann. § 8-21-901 — TN Code / Title 8 / Chapter 21 / Section 8-21-901
Sheriffs and constables - Specific fees authorized
Status: in_force

(a) Notwithstanding any other law to the contrary, the sheriff or constable is entitled to demand and receive the respective fees for the following services where services are actually rendered: (1) Service of Process. (A) For serving any process except as otherwise provided in this section or other applicable law, whether issued by a clerk for a general sessions, criminal, circuit, chancery or any other court, the sheriff or constable shall be entitled to the following fees, based on the manner in which process is served, for each item of process that must be served separately per person served: (i) For service in person .................... $50.00 (ii) For service by mail .................... $10.00 (iii) For service by acceptance or consent or any other authorized method .................... $10.00 (B) For summoning jurors in any proceeding .................... $5.00 (C) For serving or delivering any other process or notice not related to a judicial proceeding and issued by an entity other than a court .................... $10.00 (D) For returning any service of process where the sheriff or constable attempts service but is unsuccessful, the sheriff or constable shall be entitled to the same fees specified in subdivision (a)(1)(A); provided, that service is attempted in accordance with the laws of the state. (2) Collection of money; returning, transporting, storing or establishing possession of property. (A) For a levy of an execution on property or levy of an attachment or other process to seize property for the purpose of securing satisfaction of a judgment yet to be rendered or for executing a writ of replevin or writ of possession .................... $50.00 (B) (i) For collecting money to satisfy a judgment, whether by execution, fieri facias, garnishment or other process, in civil cases each time collection is attempted.................... $40.00 (ii) For purposes of the payment of fees for garnishments as provided in this subdivision (a)(2)(B), all garnishments shall be deemed to be original garnishments and the sheriff or other person authorized by law to serve garnishments shall be entitled to the fee provided for in this subdivision (a)(2)(B) for each such garnishment served. (C) Whenever the sheriff or constable provides for the storage or maintenance of property including, but not limited to, vehicles, livestock and farm and construction equipment, that has been levied on by execution, attachment or other process, the sheriff or constable is entitled to demand and receive a reasonable per day fee for such services. The sheriff or constable is also entitled to demand and receive reimbursement for costs of transportation of such personal property to a suitable location for storage and maintenance when such action is necessary to secure such property. Any such fees for transportation, maintenance and/or storage shall be approved by the court issuing the execution, attachment or other process. (3) Arrest and transportation of prisoners, bail bond. (A) For executing every capias, criminal warrant, summons or other leading process, making arrests in criminal cases and carrying to jail, prison or other place of incarceration and guarding defendant arrested by warrant involving taking custody of a defendant .................... $40.00 (B) For citation in lieu of arrest or criminal warrant not involving physical custody of a defendant .................... $25.00 (C) For every bail bond to be paid as cost at the time there is a disposition of the case ....................$10.00 (D) If a sheriff or constable is required to act as a guard to escort prisoners, such sheriff shall be entitled to a per mile fee equal to the mileage allowance granted federal employees. Such fee shall be separate for each prisoner and computed on the distance actually traveled with the prisoner and shall be for no more than two (2) guards. Such fee shall only apply when the sheriff or constable is required to transport a prisoner from county to county or from state to state. Similarly, the sheriff shall be entitled to the same mileage allowance when required to transport a prisoner to a hospital or other mental health facility in another county or state for a judicially ordered evaluation. (E) When two (2) or more criminal warrants are executed at the same time against the same individual, there shall be but one (1) arrest fee allowed when the fee is chargeable to the county and/or the state. (4) Security Services. (A) (i) For attending on grand jury, or waiting in court .................... per day $75.00 (ii) Notwithstanding subdivision (a)(4)(A)(i), in any county having a population of not less than eighty-eight thousand eight hundred (88,800) nor more than eighty-eight thousand nine hundred (88,900), according to the 2000 federal census or any subsequent federal census, the sheriff, constable, bailiff or other court officer, as applicable, shall be entitled to receive one hundred dollars ($100) per day for attending on grand jury or waiting in court. Such daily per diem allowance shall be a minimum daily per diem and may be increased no more than once annually by resolution of the county legislative body of any county to which this subdivision (a)(4)(A)(ii) applies. (B) For waiting with a sequestered jury .................... per day $100 (5) Data processing services. (A) For data processing services .................... $2.00 (B) The revenue from the two-dollar data processing fee levied by subdivision (a)(5)(A), shall be allocated by the sheriff's county for computerization, information systems and electronic records management costs of the sheriff's office. Such funds shall remain earmarked within the general fund and shall be reserved for the purposes authorized in this subdivision (a)(5)(B) at the end of each fiscal year. (b) Notwithstanding other provisions of this section to the contrary, any fee or mileage allowance permitted under this section, which is assessed against the state or which otherwise represents a cost to the state, shall be limited in amount to the fees allowable immediately prior to May 28, 1977. (c) The court in its discretion may award recovery of fees for process served by any private process server as part of any judgment rendered in a case but such fees awarded against a party shall not exceed the like fees as authorized by this section for services provided by sheriffs or constables. (d) Notwithstanding this part to the contrary, a county legislative body may adopt a resolution to increase the fees to which a constable is entitled under this section, or to generally supplement the pay of a constable who is an officer of the county. A fee increase or pay supplement must be commensurate with the nature of the work, services provided, and experience of the constable. Amended by 2024 Tenn. Acts, ch. 901,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 901,s 1, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 580, s 1, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 582, s 1, eff. 3/10/2016. Amended by 2013 Tenn. Acts, ch. 388, s 3, eff. 5/6/2013. Acts 1927, ch. 11, § 1; mod. Code 1932, § 10707; Acts 1945, ch. 178, § 1; 1949, ch. 41, § 1; C. Supp. 1950, § 10707; Acts 1951, ch. 156, § 1; 1953, ch. 178, §§ 1, 2; 1967, ch. 167, § 1; 1970, ch. 547, § 1; 1971, ch. 182, § 1; 1972, ch. 501, § 1; 1974, ch. 635, § 1; 1975, ch. 325, § 1; 1976, ch. 807, § 1; 1977, ch. 385, §§ 1, 2; 1977, ch. 430, §§ 1, 2; 1978, ch. 528, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-2133; Acts 1980, ch. 891, § 1; 1981, ch. 138, § 1; 1983, ch. 277, § 1; 1985, ch. 152, § 1; 1988, ch. 490, § 1; 1988, ch. 814, § 1; 1989, ch. 8, § 1; 1991, ch. 275, §§ 1-6; 1993, ch. 29, §§ 1, 2; 1995, ch. 301, § 1; 1998, ch. 769, § 1; 2002, ch. 794, § 1; 2010 , ch. 1130, § 1; 2012, ch. 1032, §§ 1, 2.
(a) Notwithstanding any other law to the contrary, the sheriff or constable is entitled to demand and receive the respective fees for the following services where services are actually rendered: (1) Service of Process. (A) For serving any process except as otherwise provided in this section or other applicable law, whether issued by a clerk for a general sessions, criminal, circuit, chancery or any other court, the sheriff or constable shall be entitled to the following fees, based on the manner in which process is served, for each item of process that must be served separately per person served: (i) For service in person .................... $50.00 (ii) For service by mail .................... $10.00 (iii) For service by acceptance or consent or any other authorized method .................... $10.00 (B) For summoning jurors in any proceeding .................... $5.00 (C) For serving or delivering any other process or notice not related to a judicial proceeding and issued by an entity other than a court .................... $10.00 (D) For returning any service of process where the sheriff or constable attempts service but is unsuccessful, the sheriff or constable shall be entitled to the same fees specified in subdivision (a)(1)(A); provided, that service is attempted in accordance with the laws of the state. (2) Collection of money; returning, transporting, storing or establishing possession of property. (A) For a levy of an execution on property or levy of an attachment or other process to seize property for the purpose of securing satisfaction of a judgment yet to be rendered or for executing a writ of replevin or writ of possession .................... $50.00 (B) (i) For collecting money to satisfy a judgment, whether by execution, fieri facias, garnishment or other process, in civil cases each time collection is attempted.................... $40.00 (ii) For purposes of the payment of fees for garnishments as provided in this subdivision (a)(2)(B), all garnishments shall be deemed to be original garnishments and the sheriff or other person authorized by law to serve garnishments shall be entitled to the fee provided for in this subdivision (a)(2)(B) for each such garnishment served. (C) Whenever the sheriff or constable provides for the storage or maintenance of property including, but not limited to, vehicles, livestock and farm and construction equipment, that has been levied on by execution, attachment or other process, the sheriff or constable is entitled to demand and receive a reasonable per day fee for such services. The sheriff or constable is also entitled to demand and receive reimbursement for costs of transportation of such personal property to a suitable location for storage and maintenance when such action is necessary to secure such property. Any such fees for transportation, maintenance and/or storage shall be approved by the court issuing the execution, attachment or other process. (3) Arrest and transportation of prisoners, bail bond. (A) For executing every capias, criminal warrant, summons or other leading process, making arrests in criminal cases and carrying to jail, prison or other place of incarceration and guarding defendant arrested by warrant involving taking custody of a defendant .................... $40.00 (B) For citation in lieu of arrest or criminal warrant not involving physical custody of a defendant .................... $25.00 (C) For every bail bond to be paid as cost at the time there is a disposition of the case ....................$10.00 (D) If a sheriff or constable is required to act as a guard to escort prisoners, such sheriff shall be entitled to a per mile fee equal to the mileage allowance granted federal employees. Such fee shall be separate for each prisoner and computed on the distance actually traveled with the prisoner and shall be for no more than two (2) guards. Such fee shall only apply when the sheriff or constable is required to transport a prisoner from county to county or from state to state. Similarly, the sheriff shall be entitled to the same mileage allowance when required to transport a prisoner to a hospital or other mental health facility in another county or state for a judicially ordered evaluation. (E) When two (2) or more criminal warrants are executed at the same time against the same individual, there shall be but one (1) arrest fee allowed when the fee is chargeable to the county and/or the state. (4) Security Services. (A) (i) For attending on grand jury, or waiting in court .................... per day $75.00 (ii) Notwithstanding subdivision (a)(4)(A)(i), in any county having a population of not less than eighty-eight thousand eight hundred (88,800) nor more than eighty-eight thousand nine hundred (88,900), according to the 2000 federal census or any subsequent federal census, the sheriff, constable, bailiff or other court officer, as applicable, shall be entitled to receive one hundred dollars ($100) per day for attending on grand jury or waiting in court. Such daily per diem allowance shall be a minimum daily per diem and may be increased no more than once annually by resolution of the county legislative body of any county to which this subdivision (a)(4)(A)(ii) applies. (B) For waiting with a sequestered jury .................... per day $100 (5) Data processing services. (A) For data processing services .................... $2.00 (B) The revenue from the two-dollar data processing fee levied by subdivision (a)(5)(A), shall be allocated by the sheriff's county for computerization, information systems and electronic records management costs of the sheriff's office. Such funds shall remain earmarked within the general fund and shall be reserved for the purposes authorized in this subdivision (a)(5)(B) at the end of each fiscal year.
(1) Service of Process. (A) For serving any process except as otherwise provided in this section or other applicable law, whether issued by a clerk for a general sessions, criminal, circuit, chancery or any other court, the sheriff or constable shall be entitled to the following fees, based on the manner in which process is served, for each item of process that must be served separately per person served: (i) For service in person .................... $50.00 (ii) For service by mail .................... $10.00 (iii) For service by acceptance or consent or any other authorized method .................... $10.00 (B) For summoning jurors in any proceeding .................... $5.00 (C) For serving or delivering any other process or notice not related to a judicial proceeding and issued by an entity other than a court .................... $10.00 (D) For returning any service of process where the sheriff or constable attempts service but is unsuccessful, the sheriff or constable shall be entitled to the same fees specified in subdivision (a)(1)(A); provided, that service is attempted in accordance with the laws of the state.
(A) For serving any process except as otherwise provided in this section or other applicable law, whether issued by a clerk for a general sessions, criminal, circuit, chancery or any other court, the sheriff or constable shall be entitled to the following fees, based on the manner in which process is served, for each item of process that must be served separately per person served: (i) For service in person .................... $50.00 (ii) For service by mail .................... $10.00 (iii) For service by acceptance or consent or any other authorized method .................... $10.00
(i) For service in person .................... $50.00
(ii) For service by mail .................... $10.00
(iii) For service by acceptance or consent or any other authorized method .................... $10.00
(B) For summoning jurors in any proceeding .................... $5.00
(C) For serving or delivering any other process or notice not related to a judicial proceeding and issued by an entity other than a court .................... $10.00
(D) For returning any service of process where the sheriff or constable attempts service but is unsuccessful, the sheriff or constable shall be entitled to the same fees specified in subdivision (a)(1)(A); provided, that service is attempted in accordance with the laws of the state.
(2) Collection of money; returning, transporting, storing or establishing possession of property. (A) For a levy of an execution on property or levy of an attachment or other process to seize property for the purpose of securing satisfaction of a judgment yet to be rendered or for executing a writ of replevin or writ of possession .................... $50.00 (B) (i) For collecting money to satisfy a judgment, whether by execution, fieri facias, garnishment or other process, in civil cases each time collection is attempted.................... $40.00 (ii) For purposes of the payment of fees for garnishments as provided in this subdivision (a)(2)(B), all garnishments shall be deemed to be original garnishments and the sheriff or other person authorized by law to serve garnishments shall be entitled to the fee provided for in this subdivision (a)(2)(B) for each such garnishment served. (C) Whenever the sheriff or constable provides for the storage or maintenance of property including, but not limited to, vehicles, livestock and farm and construction equipment, that has been levied on by execution, attachment or other process, the sheriff or constable is entitled to demand and receive a reasonable per day fee for such services. The sheriff or constable is also entitled to demand and receive reimbursement for costs of transportation of such personal property to a suitable location for storage and maintenance when such action is necessary to secure such property. Any such fees for transportation, maintenance and/or storage shall be approved by the court issuing the execution, attachment or other process.
(A) For a levy of an execution on property or levy of an attachment or other process to seize property for the purpose of securing satisfaction of a judgment yet to be rendered or for executing a writ of replevin or writ of possession .................... $50.00
(B) (i) For collecting money to satisfy a judgment, whether by execution, fieri facias, garnishment or other process, in civil cases each time collection is attempted.................... $40.00 (ii) For purposes of the payment of fees for garnishments as provided in this subdivision (a)(2)(B), all garnishments shall be deemed to be original garnishments and the sheriff or other person authorized by law to serve garnishments shall be entitled to the fee provided for in this subdivision (a)(2)(B) for each such garnishment served.
(i) For collecting money to satisfy a judgment, whether by execution, fieri facias, garnishment or other process, in civil cases each time collection is attempted.................... $40.00
(ii) For purposes of the payment of fees for garnishments as provided in this subdivision (a)(2)(B), all garnishments shall be deemed to be original garnishments and the sheriff or other person authorized by law to serve garnishments shall be entitled to the fee provided for in this subdivision (a)(2)(B) for each such garnishment served.
(C) Whenever the sheriff or constable provides for the storage or maintenance of property including, but not limited to, vehicles, livestock and farm and construction equipment, that has been levied on by execution, attachment or other process, the sheriff or constable is entitled to demand and receive a reasonable per day fee for such services. The sheriff or constable is also entitled to demand and receive reimbursement for costs of transportation of such personal property to a suitable location for storage and maintenance when such action is necessary to secure such property. Any such fees for transportation, maintenance and/or storage shall be approved by the court issuing the execution, attachment or other process.
(3) Arrest and transportation of prisoners, bail bond. (A) For executing every capias, criminal warrant, summons or other leading process, making arrests in criminal cases and carrying to jail, prison or other place of incarceration and guarding defendant arrested by warrant involving taking custody of a defendant .................... $40.00 (B) For citation in lieu of arrest or criminal warrant not involving physical custody of a defendant .................... $25.00 (C) For every bail bond to be paid as cost at the time there is a disposition of the case ....................$10.00 (D) If a sheriff or constable is required to act as a guard to escort prisoners, such sheriff shall be entitled to a per mile fee equal to the mileage allowance granted federal employees. Such fee shall be separate for each prisoner and computed on the distance actually traveled with the prisoner and shall be for no more than two (2) guards. Such fee shall only apply when the sheriff or constable is required to transport a prisoner from county to county or from state to state. Similarly, the sheriff shall be entitled to the same mileage allowance when required to transport a prisoner to a hospital or other mental health facility in another county or state for a judicially ordered evaluation. (E) When two (2) or more criminal warrants are executed at the same time against the same individual, there shall be but one (1) arrest fee allowed when the fee is chargeable to the county and/or the state.
(A) For executing every capias, criminal warrant, summons or other leading process, making arrests in criminal cases and carrying to jail, prison or other place of incarceration and guarding defendant arrested by warrant involving taking custody of a defendant .................... $40.00
(B) For citation in lieu of arrest or criminal warrant not involving physical custody of a defendant .................... $25.00
(C) For every bail bond to be paid as cost at the time there is a disposition of the case ....................$10.00
(D) If a sheriff or constable is required to act as a guard to escort prisoners, such sheriff shall be entitled to a per mile fee equal to the mileage allowance granted federal employees. Such fee shall be separate for each prisoner and computed on the distance actually traveled with the prisoner and shall be for no more than two (2) guards. Such fee shall only apply when the sheriff or constable is required to transport a prisoner from county to county or from state to state. Similarly, the sheriff shall be entitled to the same mileage allowance when required to transport a prisoner to a hospital or other mental health facility in another county or state for a judicially ordered evaluation.
(E) When two (2) or more criminal warrants are executed at the same time against the same individual, there shall be but one (1) arrest fee allowed when the fee is chargeable to the county and/or the state.
(4) Security Services. (A) (i) For attending on grand jury, or waiting in court .................... per day $75.00 (ii) Notwithstanding subdivision (a)(4)(A)(i), in any county having a population of not less than eighty-eight thousand eight hundred (88,800) nor more than eighty-eight thousand nine hundred (88,900), according to the 2000 federal census or any subsequent federal census, the sheriff, constable, bailiff or other court officer, as applicable, shall be entitled to receive one hundred dollars ($100) per day for attending on grand jury or waiting in court. Such daily per diem allowance shall be a minimum daily per diem and may be increased no more than once annually by resolution of the county legislative body of any county to which this subdivision (a)(4)(A)(ii) applies. (B) For waiting with a sequestered jury .................... per day $100
(A) (i) For attending on grand jury, or waiting in court .................... per day $75.00 (ii) Notwithstanding subdivision (a)(4)(A)(i), in any county having a population of not less than eighty-eight thousand eight hundred (88,800) nor more than eighty-eight thousand nine hundred (88,900), according to the 2000 federal census or any subsequent federal census, the sheriff, constable, bailiff or other court officer, as applicable, shall be entitled to receive one hundred dollars ($100) per day for attending on grand jury or waiting in court. Such daily per diem allowance shall be a minimum daily per diem and may be increased no more than once annually by resolution of the county legislative body of any county to which this subdivision (a)(4)(A)(ii) applies.
(i) For attending on grand jury, or waiting in court .................... per day $75.00
(ii) Notwithstanding subdivision (a)(4)(A)(i), in any county having a population of not less than eighty-eight thousand eight hundred (88,800) nor more than eighty-eight thousand nine hundred (88,900), according to the 2000 federal census or any subsequent federal census, the sheriff, constable, bailiff or other court officer, as applicable, shall be entitled to receive one hundred dollars ($100) per day for attending on grand jury or waiting in court. Such daily per diem allowance shall be a minimum daily per diem and may be increased no more than once annually by resolution of the county legislative body of any county to which this subdivision (a)(4)(A)(ii) applies.
(B) For waiting with a sequestered jury .................... per day $100
(5) Data processing services. (A) For data processing services .................... $2.00 (B) The revenue from the two-dollar data processing fee levied by subdivision (a)(5)(A), shall be allocated by the sheriff's county for computerization, information systems and electronic records management costs of the sheriff's office. Such funds shall remain earmarked within the general fund and shall be reserved for the purposes authorized in this subdivision (a)(5)(B) at the end of each fiscal year.
(A) For data processing services .................... $2.00
(B) The revenue from the two-dollar data processing fee levied by subdivision (a)(5)(A), shall be allocated by the sheriff's county for computerization, information systems and electronic records management costs of the sheriff's office. Such funds shall remain earmarked within the general fund and shall be reserved for the purposes authorized in this subdivision (a)(5)(B) at the end of each fiscal year.
(b) Notwithstanding other provisions of this section to the contrary, any fee or mileage allowance permitted under this section, which is assessed against the state or which otherwise represents a cost to the state, shall be limited in amount to the fees allowable immediately prior to May 28, 1977.
(c) The court in its discretion may award recovery of fees for process served by any private process server as part of any judgment rendered in a case but such fees awarded against a party shall not exceed the like fees as authorized by this section for services provided by sheriffs or constables.
(d) Notwithstanding this part to the contrary, a county legislative body may adopt a resolution to increase the fees to which a constable is entitled under this section, or to generally supplement the pay of a constable who is an officer of the county. A fee increase or pay supplement must be commensurate with the nature of the work, services provided, and experience of the constable.
Amended by 2024 Tenn. Acts, ch. 901,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 901,s 1, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 580, s 1, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 582, s 1, eff. 3/10/2016.
Amended by 2013 Tenn. Acts, ch. 388, s 3, eff. 5/6/2013.
Acts 1927, ch. 11, § 1; mod. Code 1932, § 10707; Acts 1945, ch. 178, § 1; 1949, ch. 41, § 1; C. Supp. 1950, § 10707; Acts 1951, ch. 156, § 1; 1953, ch. 178, §§ 1, 2; 1967, ch. 167, § 1; 1970, ch. 547, § 1; 1971, ch. 182, § 1; 1972, ch. 501, § 1; 1974, ch. 635, § 1; 1975, ch. 325, § 1; 1976, ch. 807, § 1; 1977, ch. 385, §§ 1, 2; 1977, ch. 430, §§ 1, 2; 1978, ch. 528, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-2133; Acts 1980, ch. 891, § 1; 1981, ch. 138, § 1; 1983, ch. 277, § 1; 1985, ch. 152, § 1; 1988, ch. 490, § 1; 1988, ch. 814, § 1; 1989, ch. 8, § 1; 1991, ch. 275, §§ 1-6; 1993, ch. 29, §§ 1, 2; 1995, ch. 301, § 1; 1998, ch. 769, § 1; 2002, ch. 794, § 1; 2010 , ch. 1130, § 1; 2012, ch. 1032, §§ 1, 2.
Tenn. Code Ann. § 8-34-701 — TN Code / Title 8 / Chapter 34 / Section 8-34-701
Repeal of laws establishing superseded systems
Status: in_force

The following sections and chapters of the Code are hereby repealed as of July 1, 1972: (1) Section 8-107 (former governors and spouses); (2) Sections 8-618 - 8-622 (Attorneys General retirement system); (3) Chapters 34, 35, 36, 37 and 40 of this title (Tennessee state retirement system); (4) Title 17, chapter 3 (Judges' retirement system); (5) Title 17, chapter 5 (Retirement system for county paid judges); (6) Title 49, chapter 15 (State teachers' retirement system); and (7) Sections 65-151 - 65-168 (Public service commissioners' retirement fund). Acts 1972, ch. 814, § 18; T.C.A., § 8-3949; modified.
The following sections and chapters of the Code are hereby repealed as of July 1, 1972:
(1) Section 8-107 (former governors and spouses);
(2) Sections 8-618 - 8-622 (Attorneys General retirement system);
(3) Chapters 34, 35, 36, 37 and 40 of this title (Tennessee state retirement system);
(4) Title 17, chapter 3 (Judges' retirement system);
(5) Title 17, chapter 5 (Retirement system for county paid judges);
(6) Title 49, chapter 15 (State teachers' retirement system); and
(7) Sections 65-151 - 65-168 (Public service commissioners' retirement fund).
Acts 1972, ch. 814, § 18; T.C.A., § 8-3949; modified.
Tenn. Code Ann. § 8-36-123 — TN Code / Title 8 / Chapter 36 / Section 8-36-123
Retirement or death of members not in service
Status: in_force

(a) (1) Upon the death of a member not in service whose death occurs on or after July 1, 1991, and who has completed ten (10) years of creditable service, a retirement allowance shall be paid to the member's surviving spouse, if any, if the spouse is designated as beneficiary. (2) The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 2 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option. (3) The retirement allowance payable under this subsection (a) shall be reduced by four-tenths of one percent (0.4%) for each month by which the member's death precedes such member's service retirement date. (b) (1) Effective July 1, 1991, a member who does not qualify for a disability retirement allowance under § 8-36-501 or § 8-36-502 and who suffers from a total and permanent disability may be retired by the board of trustees on an ordinary disability retirement allowance provided the following conditions are met: (A) The member files with the retirement division an application for the retirement allowance in the manner prescribed by the retirement division; (B) Competent medical evidence is provided by the member which conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity; (C) The member has completed the service requirement for such member's classification as set forth in § 8-36-501(b) ; and (D) The member does not otherwise qualify for a service retirement allowance as provided for in §§ 8-36-201 - 8-36-205. (2) Any member who applies for an ordinary disability retirement allowance pursuant to this subsection (b) shall be subject to §§ 8-36-503 - 8-36-505 and 8-36-508. (3) The amount of the ordinary disability retirement allowance shall be the actuarial equivalent of the retirement allowance which would be payable to the member at fifty-five (55) years of age pursuant to part 3 of this chapter. Notwithstanding the preceding sentence, any allowance payable under this subsection (b) shall be subject to § 8-36-501(c)(4), (5) and (7) . (c) This section does not apply to members in the employ of a political subdivision unless the governing body of the political subdivision by resolution authorizes and accepts the liability for such benefits. Amended by 2016 Tenn. Acts, ch. 962, s 30, eff. 4/27/2016. Acts 1992, ch. 935, § 1; 2001, ch. 58, § 17; 2009 , ch. 142, §§ 14, 15.
(a) (1) Upon the death of a member not in service whose death occurs on or after July 1, 1991, and who has completed ten (10) years of creditable service, a retirement allowance shall be paid to the member's surviving spouse, if any, if the spouse is designated as beneficiary. (2) The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 2 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option. (3) The retirement allowance payable under this subsection (a) shall be reduced by four-tenths of one percent (0.4%) for each month by which the member's death precedes such member's service retirement date.
(1) Upon the death of a member not in service whose death occurs on or after July 1, 1991, and who has completed ten (10) years of creditable service, a retirement allowance shall be paid to the member's surviving spouse, if any, if the spouse is designated as beneficiary.
(2) The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 2 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option.
(3) The retirement allowance payable under this subsection (a) shall be reduced by four-tenths of one percent (0.4%) for each month by which the member's death precedes such member's service retirement date.
(b) (1) Effective July 1, 1991, a member who does not qualify for a disability retirement allowance under § 8-36-501 or § 8-36-502 and who suffers from a total and permanent disability may be retired by the board of trustees on an ordinary disability retirement allowance provided the following conditions are met: (A) The member files with the retirement division an application for the retirement allowance in the manner prescribed by the retirement division; (B) Competent medical evidence is provided by the member which conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity; (C) The member has completed the service requirement for such member's classification as set forth in § 8-36-501(b) ; and (D) The member does not otherwise qualify for a service retirement allowance as provided for in §§ 8-36-201 - 8-36-205. (2) Any member who applies for an ordinary disability retirement allowance pursuant to this subsection (b) shall be subject to §§ 8-36-503 - 8-36-505 and 8-36-508. (3) The amount of the ordinary disability retirement allowance shall be the actuarial equivalent of the retirement allowance which would be payable to the member at fifty-five (55) years of age pursuant to part 3 of this chapter. Notwithstanding the preceding sentence, any allowance payable under this subsection (b) shall be subject to § 8-36-501(c)(4), (5) and (7) .
(1) Effective July 1, 1991, a member who does not qualify for a disability retirement allowance under § 8-36-501 or § 8-36-502 and who suffers from a total and permanent disability may be retired by the board of trustees on an ordinary disability retirement allowance provided the following conditions are met: (A) The member files with the retirement division an application for the retirement allowance in the manner prescribed by the retirement division; (B) Competent medical evidence is provided by the member which conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity; (C) The member has completed the service requirement for such member's classification as set forth in § 8-36-501(b) ; and (D) The member does not otherwise qualify for a service retirement allowance as provided for in §§ 8-36-201 - 8-36-205.
(A) The member files with the retirement division an application for the retirement allowance in the manner prescribed by the retirement division;
(B) Competent medical evidence is provided by the member which conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity;
(C) The member has completed the service requirement for such member's classification as set forth in § 8-36-501(b) ; and
(D) The member does not otherwise qualify for a service retirement allowance as provided for in §§ 8-36-201 - 8-36-205.
(2) Any member who applies for an ordinary disability retirement allowance pursuant to this subsection (b) shall be subject to §§ 8-36-503 - 8-36-505 and 8-36-508.
(3) The amount of the ordinary disability retirement allowance shall be the actuarial equivalent of the retirement allowance which would be payable to the member at fifty-five (55) years of age pursuant to part 3 of this chapter. Notwithstanding the preceding sentence, any allowance payable under this subsection (b) shall be subject to § 8-36-501(c)(4), (5) and (7) .
(c) This section does not apply to members in the employ of a political subdivision unless the governing body of the political subdivision by resolution authorizes and accepts the liability for such benefits.
Amended by 2016 Tenn. Acts, ch. 962, s 30, eff. 4/27/2016.
Acts 1992, ch. 935, § 1; 2001, ch. 58, § 17; 2009 , ch. 142, §§ 14, 15.
Tenn. Code Ann. § 8-21-501 — TN Code / Title 8 / Chapter 21 / Section 8-21-501
Supreme court clerks and deputy clerks
Status: in_force

(a) The clerk of the supreme court and the intermediate appellate courts and the board of judicial conduct, referred to in this section as the "clerk", is authorized to charge and receive a fee for each individual service rendered by the clerk or may charge and receive a general filing fee for services related to each of the following types of cases and filings: (1) Appeals to the supreme court, court of appeals, or court of criminal appeals, regardless of whether the appeal is instituted by a notice of appeal, petition, application, motion for review, or other means; (2) Any original or other action instituted by a writ or other means filed with the supreme court, court of appeals, court of criminal appeals, or board of judicial conduct; (3) Certification of questions from a federal court to the supreme court; (4) Motions for full court review in a worker's compensation action; (5) Motion for leave to file an amicus curiae brief; (6) Motion to assume jurisdiction over an undecided case; (7) Motion to waive the timely filing of a notice of appeal pursuant to Rule 4(a) of the Tennessee Rules of Appellate Procedure; and (8) Motion to waive the timely filing of permission to appeal pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. (b) In addition to any general filing fee, the clerk is authorized to collect fees for the following services: (1) For certifying a copy of any papers of record in the court offices, including the affixing of a certificate and seal; (2) For comparing any document with the original filed in the offices of the court for purposes of certification; (3) For check in/check out of an appellate record following the mandate of a case; (4) For issuing a capias, a fi.fa., a writ of execution or any other type of writ; (5) For issuing a subpoena or subpoena duces tecum; (6) For processing a sheriff's return; (7) For making copies as requested; (8) For services related to the withdrawal of an archived record; and (9) For any official service performed by the clerk not otherwise provided by this section. (c) The supreme court shall set the amount of court costs and fees authorized by statute by court order or rule. (d) Whenever the clerk is required by law or by a judge to send documents by certified or registered mail, the clerk is entitled to recover the clerk's actual costs for mailing the documents. (e) In any extraordinary cases, the clerk may petition the appropriate appellate court to award reasonable costs, in excess of the amounts provided in this section, to reimburse the clerk for the additional services demanded by the case. In such cases, the clerk may also petition the court to require an appropriate cost bond. The decision whether to assess additional costs shall be in the discretion of the appropriate appellate court which shall take into consideration factors such as the number of parties and the quantity of filings involved in the appeal. (f) When electronic filing has been implemented in the appellate courts in accordance with rules promulgated by the supreme court, the clerk, with the approval of the supreme court, may charge transaction, subscription, or other types of fees to users of the clerk's electronic filing system or the clerk's electronic document retrieval system. As determined appropriate by the supreme court, these fees shall be set in an amount necessary to defray the expenses associated with implementation and maintenance of the clerk's electronic filing system and the clerk's document retrieval system. These fees shall not be assessed against the state. (g) The clerk is hereby authorized to accept payment by electronic debit, credit, or other means of a fee, fine, court cost, or other charge and may collect a fee for processing the payment. The clerk shall set the processing fee in an amount that is reasonably related to the expense incurred by the clerk in processing the payment. However, the clerk may not set the processing fee in an amount that exceeds five percent (5%) of the amount of the fee, court cost, or other charge being paid. If a payment by electronic means is not honored by the entity on which the funds are drawn, the clerk may collect a service charge from the person who owes the fee, fine, court cost, or other charge. The service charge is in addition to the original fee, fine, court cost, or other charge and is for the collection of that original amount. The amount of the service charge shall not exceed the fee charged for the collection of a check drawn on an account with insufficient funds. (h) Except as provided otherwise by law: (1) The fees and costs provided in this statute are chargeable and may be collected at the time the services are requested from the clerk; (2) No fee is refundable except pursuant to orders or policies of the supreme court; and (3) Costs or fees taxed to a party pursuant to a judgment or mandate are to be settled between the parties. (i) The supreme court shall have the authority to set all fees, charges, and surcharges of the clerk at levels sufficient to offset the costs of administering the clerk's office. (j) Upon entry of any order or rule of the supreme court setting the filing costs, fees, charges, and surcharges, the clerk shall file a copy of the order or rule with the appropriate legislative committees that exercise jurisdiction over the issue. (k) Nothing in this section shall limit the ability of a party to initiate a judicial proceeding by filing a pauper's oath. If a party, other than a party who initiated a proceeding under a pauper's oath, pays costs at the time the services are requested, such payment shall be deemed to satisfy the requirement for security to be given for costs pursuant to Rule 6 of the Tennessee Rules of Appellate Procedure. (l) The fees listed above do not include officer's fees as provided for in § 8-21-901 and elsewhere. These fees also do not include state litigation taxes. (m) All fees and costs collected pursuant to this section shall be deposited in the state treasury and designated for the operation of the state court system. Amended by 2016 Tenn. Acts, ch. 721, s 1, eff. 7/1/2016. Acts 1949, ch. 88, § 1; C. Supp. 1950, § 10700 (Williams, § 10700.1); Acts 1968, ch. 476, § 1; 1978, ch. 839, § 22; T.C.A. (orig. ed.), § 8-2122; Acts 1981, ch. 144, § 1; 1991, ch. 348, §§ 1, 2; 1993, ch. 70, §§ 1, 2; 1999, ch. 195, § 1; 2007 , ch. 310, § 1.
(a) The clerk of the supreme court and the intermediate appellate courts and the board of judicial conduct, referred to in this section as the "clerk", is authorized to charge and receive a fee for each individual service rendered by the clerk or may charge and receive a general filing fee for services related to each of the following types of cases and filings: (1) Appeals to the supreme court, court of appeals, or court of criminal appeals, regardless of whether the appeal is instituted by a notice of appeal, petition, application, motion for review, or other means; (2) Any original or other action instituted by a writ or other means filed with the supreme court, court of appeals, court of criminal appeals, or board of judicial conduct; (3) Certification of questions from a federal court to the supreme court; (4) Motions for full court review in a worker's compensation action; (5) Motion for leave to file an amicus curiae brief; (6) Motion to assume jurisdiction over an undecided case; (7) Motion to waive the timely filing of a notice of appeal pursuant to Rule 4(a) of the Tennessee Rules of Appellate Procedure; and (8) Motion to waive the timely filing of permission to appeal pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure.
(1) Appeals to the supreme court, court of appeals, or court of criminal appeals, regardless of whether the appeal is instituted by a notice of appeal, petition, application, motion for review, or other means;
(2) Any original or other action instituted by a writ or other means filed with the supreme court, court of appeals, court of criminal appeals, or board of judicial conduct;
(3) Certification of questions from a federal court to the supreme court;
(4) Motions for full court review in a worker's compensation action;
(5) Motion for leave to file an amicus curiae brief;
(6) Motion to assume jurisdiction over an undecided case;
(7) Motion to waive the timely filing of a notice of appeal pursuant to Rule 4(a) of the Tennessee Rules of Appellate Procedure; and
(8) Motion to waive the timely filing of permission to appeal pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure.
(b) In addition to any general filing fee, the clerk is authorized to collect fees for the following services: (1) For certifying a copy of any papers of record in the court offices, including the affixing of a certificate and seal; (2) For comparing any document with the original filed in the offices of the court for purposes of certification; (3) For check in/check out of an appellate record following the mandate of a case; (4) For issuing a capias, a fi.fa., a writ of execution or any other type of writ; (5) For issuing a subpoena or subpoena duces tecum; (6) For processing a sheriff's return; (7) For making copies as requested; (8) For services related to the withdrawal of an archived record; and (9) For any official service performed by the clerk not otherwise provided by this section.
(1) For certifying a copy of any papers of record in the court offices, including the affixing of a certificate and seal;
(2) For comparing any document with the original filed in the offices of the court for purposes of certification;
(3) For check in/check out of an appellate record following the mandate of a case;
(4) For issuing a capias, a fi.fa., a writ of execution or any other type of writ;
(5) For issuing a subpoena or subpoena duces tecum;
(6) For processing a sheriff's return;
(7) For making copies as requested;
(8) For services related to the withdrawal of an archived record; and
(9) For any official service performed by the clerk not otherwise provided by this section.
(c) The supreme court shall set the amount of court costs and fees authorized by statute by court order or rule.
(d) Whenever the clerk is required by law or by a judge to send documents by certified or registered mail, the clerk is entitled to recover the clerk's actual costs for mailing the documents.
(e) In any extraordinary cases, the clerk may petition the appropriate appellate court to award reasonable costs, in excess of the amounts provided in this section, to reimburse the clerk for the additional services demanded by the case. In such cases, the clerk may also petition the court to require an appropriate cost bond. The decision whether to assess additional costs shall be in the discretion of the appropriate appellate court which shall take into consideration factors such as the number of parties and the quantity of filings involved in the appeal.
(f) When electronic filing has been implemented in the appellate courts in accordance with rules promulgated by the supreme court, the clerk, with the approval of the supreme court, may charge transaction, subscription, or other types of fees to users of the clerk's electronic filing system or the clerk's electronic document retrieval system. As determined appropriate by the supreme court, these fees shall be set in an amount necessary to defray the expenses associated with implementation and maintenance of the clerk's electronic filing system and the clerk's document retrieval system. These fees shall not be assessed against the state.
(g) The clerk is hereby authorized to accept payment by electronic debit, credit, or other means of a fee, fine, court cost, or other charge and may collect a fee for processing the payment. The clerk shall set the processing fee in an amount that is reasonably related to the expense incurred by the clerk in processing the payment. However, the clerk may not set the processing fee in an amount that exceeds five percent (5%) of the amount of the fee, court cost, or other charge being paid. If a payment by electronic means is not honored by the entity on which the funds are drawn, the clerk may collect a service charge from the person who owes the fee, fine, court cost, or other charge. The service charge is in addition to the original fee, fine, court cost, or other charge and is for the collection of that original amount. The amount of the service charge shall not exceed the fee charged for the collection of a check drawn on an account with insufficient funds.
(h) Except as provided otherwise by law: (1) The fees and costs provided in this statute are chargeable and may be collected at the time the services are requested from the clerk; (2) No fee is refundable except pursuant to orders or policies of the supreme court; and (3) Costs or fees taxed to a party pursuant to a judgment or mandate are to be settled between the parties.
(1) The fees and costs provided in this statute are chargeable and may be collected at the time the services are requested from the clerk;
(2) No fee is refundable except pursuant to orders or policies of the supreme court; and
(3) Costs or fees taxed to a party pursuant to a judgment or mandate are to be settled between the parties.
(i) The supreme court shall have the authority to set all fees, charges, and surcharges of the clerk at levels sufficient to offset the costs of administering the clerk's office.
(j) Upon entry of any order or rule of the supreme court setting the filing costs, fees, charges, and surcharges, the clerk shall file a copy of the order or rule with the appropriate legislative committees that exercise jurisdiction over the issue.
(k) Nothing in this section shall limit the ability of a party to initiate a judicial proceeding by filing a pauper's oath. If a party, other than a party who initiated a proceeding under a pauper's oath, pays costs at the time the services are requested, such payment shall be deemed to satisfy the requirement for security to be given for costs pursuant to Rule 6 of the Tennessee Rules of Appellate Procedure.
(l) The fees listed above do not include officer's fees as provided for in § 8-21-901 and elsewhere. These fees also do not include state litigation taxes.
(m) All fees and costs collected pursuant to this section shall be deposited in the state treasury and designated for the operation of the state court system.
Amended by 2016 Tenn. Acts, ch. 721, s 1, eff. 7/1/2016.
Acts 1949, ch. 88, § 1; C. Supp. 1950, § 10700 (Williams, § 10700.1); Acts 1968, ch. 476, § 1; 1978, ch. 839, § 22; T.C.A. (orig. ed.), § 8-2122; Acts 1981, ch. 144, § 1; 1991, ch. 348, §§ 1, 2; 1993, ch. 70, §§ 1, 2; 1999, ch. 195, § 1; 2007 , ch. 310, § 1.
Tenn. Code Ann. § 8-4-107 — TN Code / Title 8 / Chapter 4 / Section 8-4-107
Interest in transactions prohibited
Status: in_force

The comptroller of the treasury shall not have any financial interest in the transactions of any department, institution, office, or agency of the state government. Acts 1937, ch. 33, § 75; 1939, ch. 11, § 42; C. Supp. 1950, § 255.75 (Williams, § 255.80); T.C.A. (orig. ed.), § 8-411; T.C.A., § 8-407.
The comptroller of the treasury shall not have any financial interest in the transactions of any department, institution, office, or agency of the state government.
Acts 1937, ch. 33, § 75; 1939, ch. 11, § 42; C. Supp. 1950, § 255.75 (Williams, § 255.80); T.C.A. (orig. ed.), § 8-411; T.C.A., § 8-407.
Tenn. Code Ann. § 8-11-103 — TN Code / Title 8 / Chapter 11 / Section 8-11-103
Minimum amount of bond - Determination - Surety
Status: in_force

(a) The minimum amount of the official bond executed by each county trustee for each term of office, as required by § 8-11-102 , shall be determined from the amount of revenues handled by the trustee during the last fiscal year audited by the comptroller of the treasury, or from the last audit approved by the comptroller of the treasury which was duly prepared in counties using certified public accountants. (b) (1) If the official bond of the county trustee is executed by a surety company authorized to transact business in this state, the minimum amount of the bond shall be based on the revenues as follows: (A) Four percent (4%) up to three million dollars ($3,000,000) of the funds collected by the office; and (B) Two percent (2%) of the excess over three million dollars ($3,000,000) shall be added. (2) The amounts indicated in subdivisions (b)(1)(A) and (B) shall be cumulative. (c) (1) If the official bond of the county trustee is executed by personal sureties, the minimum amount of the bond shall be based on revenues as follows: (A) Six percent (6%) up to three million dollars ($3,000,000) of the funds collected by the office; and (B) Four percent (4%) of the excess over three million dollars ($3,000,000) shall be added. (2) The amounts indicated in subdivisions (c)(1)(A) and (B) shall be cumulative. (d) [Deleted by 2023 amendment.] (e) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 207, s 9, eff. 7/1/2023. Amended by 2013 Tenn. Acts, ch. 315, Secs.s 5, s 6eff. 4/29/2013. Acts 1868-1869, ch. 41, § 1; Shan., § 522; mod. Code 1932, §774; Acts 1959, ch. 187, §§ 1-4; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A., § 8-1103.
(a) The minimum amount of the official bond executed by each county trustee for each term of office, as required by § 8-11-102 , shall be determined from the amount of revenues handled by the trustee during the last fiscal year audited by the comptroller of the treasury, or from the last audit approved by the comptroller of the treasury which was duly prepared in counties using certified public accountants.
(b) (1) If the official bond of the county trustee is executed by a surety company authorized to transact business in this state, the minimum amount of the bond shall be based on the revenues as follows: (A) Four percent (4%) up to three million dollars ($3,000,000) of the funds collected by the office; and (B) Two percent (2%) of the excess over three million dollars ($3,000,000) shall be added. (2) The amounts indicated in subdivisions (b)(1)(A) and (B) shall be cumulative.
(1) If the official bond of the county trustee is executed by a surety company authorized to transact business in this state, the minimum amount of the bond shall be based on the revenues as follows: (A) Four percent (4%) up to three million dollars ($3,000,000) of the funds collected by the office; and (B) Two percent (2%) of the excess over three million dollars ($3,000,000) shall be added.
(A) Four percent (4%) up to three million dollars ($3,000,000) of the funds collected by the office; and
(B) Two percent (2%) of the excess over three million dollars ($3,000,000) shall be added.
(2) The amounts indicated in subdivisions (b)(1)(A) and (B) shall be cumulative.
(c) (1) If the official bond of the county trustee is executed by personal sureties, the minimum amount of the bond shall be based on revenues as follows: (A) Six percent (6%) up to three million dollars ($3,000,000) of the funds collected by the office; and (B) Four percent (4%) of the excess over three million dollars ($3,000,000) shall be added. (2) The amounts indicated in subdivisions (c)(1)(A) and (B) shall be cumulative.
(1) If the official bond of the county trustee is executed by personal sureties, the minimum amount of the bond shall be based on revenues as follows: (A) Six percent (6%) up to three million dollars ($3,000,000) of the funds collected by the office; and (B) Four percent (4%) of the excess over three million dollars ($3,000,000) shall be added.
(A) Six percent (6%) up to three million dollars ($3,000,000) of the funds collected by the office; and
(B) Four percent (4%) of the excess over three million dollars ($3,000,000) shall be added.
(2) The amounts indicated in subdivisions (c)(1)(A) and (B) shall be cumulative.
(d) [Deleted by 2023 amendment.]
(e) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 207, s 9, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, Secs.s 5, s 6eff. 4/29/2013.
Acts 1868-1869, ch. 41, § 1; Shan., § 522; mod. Code 1932, §774; Acts 1959, ch. 187, §§ 1-4; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A., § 8-1103.