Tenn. Code Ann. § 8-36-919 — TN Code / Title 8 / Chapter 36 / Section 8-36-919
Membership in the hybrid plan for employees of political subdivisions electing to participate
Status: in_force

(a) (1) A political subdivision that is not otherwise participating under any of the plans afforded under chapters 34-37 of this title may, by resolution legally adopted and approved by its chief governing body and in accordance with the procedure set out in § 8-35-201 , authorize its employees in all of its departments or instrumentalities to become eligible to participate in the hybrid plan. Membership in the hybrid plan for employees of political subdivisions that are admitted into the hybrid plan pursuant to this subsection (a) shall be: (A) Optional for all employees in the service of the political subdivision on the date the approval is given, except as provided in subdivisions (a)(2) and (3); and (B) Mandatory for all eligible employees entering the service of the political subdivision thereafter; provided, however, and except as provided in subdivision (a)(3), membership shall not be required for any part-time employee who would otherwise be covered under this part, or for any employee who has optional membership in the retirement system pursuant to chapters 34-37 of this title. Any election made by an employee to become a participant shall be irrevocable and such employee shall thereafter be subject to the terms and conditions of the hybrid plan. (2) (A) If the political subdivision continues to maintain a preexisting pension plan that is closed to new membership on the date of the political subdivision's participation date in the hybrid plan, the political subdivision may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the hybrid plan; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the hybrid plan to maintain its status as a qualified plan under the Internal Revenue Code. (B) Notwithstanding § 8-36-904 or any other law to the contrary, any political subdivision described in subdivision (a)(2)(A) shall set the employee contribution rate for its employees at the same rate as required under the political subdivision's preexisting plan. The political subdivision shall submit to the retirement system a duly executed adoption resolution as provided in subdivision (a)(1) prior to the political subdivision's effective date of participation in the hybrid plan, which must be approved by the board of trustees. If the employee contribution rate is set at an amount less than five percent (5%) of the employees' earnable compensation, the four percent (4%) employer contribution rate described in § 8-36-922 shall be increased by the percentage difference between five percent (5%) and the employee contribution rate. (3) (A) Except as provided in subdivision (a)(3)(B), any current or former member of the retirement system or of a superseded system who accepts, or is elected to, a position on or after July 1, 2018, for which membership in the hybrid plan is otherwise optional pursuant to subdivision (a)(1) shall become a member of the hybrid plan as a condition of employment. (B) Subdivision (a)(3)(A) shall not apply to an employee having optional membership who was employed by a political subdivision on the date the political subdivision elected to extend retirement coverage to the employee, unless the employee was a member or former member of a preexisting defined benefit plan maintained by that employer. Subdivision (a)(3)(A) shall also not apply to retired members of the retirement system who return to service in a position covered by the retirement system as provided in § 8-36-805 , § 8-36-818 , or § 8-36-821 . (4) Any person who is employed by a political subdivision that is admitted into the hybrid plan on or after July 1, 2016, and who has optional membership pursuant to this section, shall, upon the date approval is given, file an irrevocable election to become or not to become a participant in the hybrid plan. Any employee of a political subdivision who had optional membership in the hybrid plan on June 30, 2016, and who has not elected to participate, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan. The elections provided for in this subdivision (a)(4) shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system. The elections provided for in this subdivision (a)(4) shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions and the employee contributions shall be picked up in accordance with § 8-36-904(b) . (b) Except as otherwise specifically provided in this part, any political subdivision electing to participate in the hybrid plan pursuant to this section shall participate in the provisions of the plan as they exist for state employees on the date of participation or at any other given time pursuant to any changes made pursuant to §§ 8-36-921 and 8-36-922 ; provided, however, that any subsequent changes that increase the liability of a participating political subdivision within the meaning of Constitution of Tennessee, Article II, § 24 shall not apply to the political subdivision unless the chief governing body of the political subdivision agrees to such changes and accepts the liability therefore. Notwithstanding this subsection (b), the following provisions shall remain optional to political subdivisions: (1) Part-time, seasonal, or temporary employee service credit in accordance with § 8-34-621 ; and (2) Mandatory retirement in accordance with § 8-36-205 . (c) A political subdivision already participating in the retirement system under one of the additional plans afforded under chapters 34-37 of this title may change from that plan to the hybrid plan on a prospective basis by passage of a resolution pursuant to subsection (a) above. Any such resolution shall set forth the effective date of the change; provided, that the date shall be on the first day of any quarter following a minimum of six (6) months' notice to the retirement system. The actuarial value of accrued benefits earned by employees of the political subdivision prior to the effective date of the change shall remain an enforceable right and may not be reduced or otherwise forfeited except by the consent of the employee or in accordance with § 8-35-124 . (d) Any political subdivision that participates in the hybrid plan shall have the right to change from the hybrid plan to any of the additional plans afforded to the political subdivision under chapters 34-37. Any such change shall be in accordance with and subject to the terms and conditions of §§ 8-35-253 - 8-35-256. In addition, any political subdivision that participates in the hybrid plan shall be subject to the withdrawal provisions of §§ 8-35-211 and 8-35-218 . Benefits accrued under the hybrid plan or under any of the plans adopted pursuant to §§ 8-35-253 - 8-35-256 shall be in accordance with 26 U.S.C. § 411 . Notwithstanding this section or any other law to the contrary, the cost-of-living provisions of § 8-36-701 shall not be deemed an accrued benefit and may be subject to change pursuant to this section and §§ 8-36-921 and 8-36-922 . (e) Notwithstanding this section or any other law to the contrary, a political subdivision may authorize its county judges to participate in the hybrid plan under the same provisions governing state judges as set forth in this part provided the political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with such membership and, following review of the cost of such membership, the chief governing body of the political subdivision passes a resolution authorizing the membership and accepting the liability therefor. In addition, a political subdivision may authorize its county judge to participate in the hybrid plan under this subsection (e) without extending retirement coverage to its other employees provided the political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with such membership and, following review of the cost of such membership, the chief governing body of the political subdivision passes a resolution authorizing the membership and accepting the liability therefor. The retirement system shall not be liable for the payment of retirement allowances or other payments on account of such membership for which reserves have not been previously created from funds contributed by the political division and/or its county judges. It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the political subdivision. (f) Notwithstanding this part or any law to the contrary, a political subdivision that extends retirement coverage to its employees under this section may elect to provide its own profit sharing and/or salary reduction plan that is authorized under § 401(k) of the Internal Revenue Code ( 26 U.S.C. 401(k) ) in lieu of participating in the state's profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title; provided, that the political subdivision makes mandatory contributions to such plan on behalf of each of its employees participating in the hybrid plan, regardless of whether the employees make any employee contributions to that plan. The amount of the employer contributions shall be five percent (5%) of the respective employee's salary unless suspended or reduced pursuant to § 8-36-922 . (g) Any political subdivision that participates in the hybrid plan that previously participated in the retirement system under the plan afforded under chapters 34-37 of this title that was established on July 1, 1972, may, by resolution legally adopted and approved by its chief governing body, authorize its current employees who continue to participate under the previous plan the option to transfer from the previous plan to the hybrid plan on a prospective basis, but only under the following conditions: (1) The employee contribution rate in the previous plan must be the same as the employee contribution rate required under the hybrid plan; (2) The election shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions, and the employee contributions shall be picked up in accordance with § 8-36-904(b) ; (3) The option to transfer to the hybrid plan must meet all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the hybrid plan to maintain its status as a qualified plan under the Internal Revenue Code; (4) The election to transfer shall be made in the manner prescribed by the retirement system and filed with the retirement system; (5) The election shall become effective on the first day of the month next following the month the election is filed with the retirement system; (6) The actuarial value of accrued benefits earned prior to the effective date of the transfer shall be determined under the applicable provisions of the previous plan in effect on the date of the transfer; and (7) Any employee who elects to transfer shall be subject to the applicable provisions of this part on and after the effective date of the transfer. Amended by 2018 Tenn. Acts, ch. 736, Secs.s 17, s 18, s 19, s 20 eff. 4/18/2018. Amended by 2016 Tenn. Acts, ch. 962, Secs.s 12, s 41, s 42, s 44 eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 421, Secs.s 20, s 21, s 22, s 23 eff. 5/8/2015. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) (1) A political subdivision that is not otherwise participating under any of the plans afforded under chapters 34-37 of this title may, by resolution legally adopted and approved by its chief governing body and in accordance with the procedure set out in § 8-35-201 , authorize its employees in all of its departments or instrumentalities to become eligible to participate in the hybrid plan. Membership in the hybrid plan for employees of political subdivisions that are admitted into the hybrid plan pursuant to this subsection (a) shall be: (A) Optional for all employees in the service of the political subdivision on the date the approval is given, except as provided in subdivisions (a)(2) and (3); and (B) Mandatory for all eligible employees entering the service of the political subdivision thereafter; provided, however, and except as provided in subdivision (a)(3), membership shall not be required for any part-time employee who would otherwise be covered under this part, or for any employee who has optional membership in the retirement system pursuant to chapters 34-37 of this title. Any election made by an employee to become a participant shall be irrevocable and such employee shall thereafter be subject to the terms and conditions of the hybrid plan. (2) (A) If the political subdivision continues to maintain a preexisting pension plan that is closed to new membership on the date of the political subdivision's participation date in the hybrid plan, the political subdivision may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the hybrid plan; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the hybrid plan to maintain its status as a qualified plan under the Internal Revenue Code. (B) Notwithstanding § 8-36-904 or any other law to the contrary, any political subdivision described in subdivision (a)(2)(A) shall set the employee contribution rate for its employees at the same rate as required under the political subdivision's preexisting plan. The political subdivision shall submit to the retirement system a duly executed adoption resolution as provided in subdivision (a)(1) prior to the political subdivision's effective date of participation in the hybrid plan, which must be approved by the board of trustees. If the employee contribution rate is set at an amount less than five percent (5%) of the employees' earnable compensation, the four percent (4%) employer contribution rate described in § 8-36-922 shall be increased by the percentage difference between five percent (5%) and the employee contribution rate. (3) (A) Except as provided in subdivision (a)(3)(B), any current or former member of the retirement system or of a superseded system who accepts, or is elected to, a position on or after July 1, 2018, for which membership in the hybrid plan is otherwise optional pursuant to subdivision (a)(1) shall become a member of the hybrid plan as a condition of employment. (B) Subdivision (a)(3)(A) shall not apply to an employee having optional membership who was employed by a political subdivision on the date the political subdivision elected to extend retirement coverage to the employee, unless the employee was a member or former member of a preexisting defined benefit plan maintained by that employer. Subdivision (a)(3)(A) shall also not apply to retired members of the retirement system who return to service in a position covered by the retirement system as provided in § 8-36-805 , § 8-36-818 , or § 8-36-821 . (4) Any person who is employed by a political subdivision that is admitted into the hybrid plan on or after July 1, 2016, and who has optional membership pursuant to this section, shall, upon the date approval is given, file an irrevocable election to become or not to become a participant in the hybrid plan. Any employee of a political subdivision who had optional membership in the hybrid plan on June 30, 2016, and who has not elected to participate, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan. The elections provided for in this subdivision (a)(4) shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system. The elections provided for in this subdivision (a)(4) shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions and the employee contributions shall be picked up in accordance with § 8-36-904(b) .
(1) A political subdivision that is not otherwise participating under any of the plans afforded under chapters 34-37 of this title may, by resolution legally adopted and approved by its chief governing body and in accordance with the procedure set out in § 8-35-201 , authorize its employees in all of its departments or instrumentalities to become eligible to participate in the hybrid plan. Membership in the hybrid plan for employees of political subdivisions that are admitted into the hybrid plan pursuant to this subsection (a) shall be: (A) Optional for all employees in the service of the political subdivision on the date the approval is given, except as provided in subdivisions (a)(2) and (3); and (B) Mandatory for all eligible employees entering the service of the political subdivision thereafter; provided, however, and except as provided in subdivision (a)(3), membership shall not be required for any part-time employee who would otherwise be covered under this part, or for any employee who has optional membership in the retirement system pursuant to chapters 34-37 of this title. Any election made by an employee to become a participant shall be irrevocable and such employee shall thereafter be subject to the terms and conditions of the hybrid plan.
(A) Optional for all employees in the service of the political subdivision on the date the approval is given, except as provided in subdivisions (a)(2) and (3); and
(B) Mandatory for all eligible employees entering the service of the political subdivision thereafter; provided, however, and except as provided in subdivision (a)(3), membership shall not be required for any part-time employee who would otherwise be covered under this part, or for any employee who has optional membership in the retirement system pursuant to chapters 34-37 of this title. Any election made by an employee to become a participant shall be irrevocable and such employee shall thereafter be subject to the terms and conditions of the hybrid plan.
(2) (A) If the political subdivision continues to maintain a preexisting pension plan that is closed to new membership on the date of the political subdivision's participation date in the hybrid plan, the political subdivision may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the hybrid plan; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the hybrid plan to maintain its status as a qualified plan under the Internal Revenue Code. (B) Notwithstanding § 8-36-904 or any other law to the contrary, any political subdivision described in subdivision (a)(2)(A) shall set the employee contribution rate for its employees at the same rate as required under the political subdivision's preexisting plan. The political subdivision shall submit to the retirement system a duly executed adoption resolution as provided in subdivision (a)(1) prior to the political subdivision's effective date of participation in the hybrid plan, which must be approved by the board of trustees. If the employee contribution rate is set at an amount less than five percent (5%) of the employees' earnable compensation, the four percent (4%) employer contribution rate described in § 8-36-922 shall be increased by the percentage difference between five percent (5%) and the employee contribution rate.
(A) If the political subdivision continues to maintain a preexisting pension plan that is closed to new membership on the date of the political subdivision's participation date in the hybrid plan, the political subdivision may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the hybrid plan; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the hybrid plan to maintain its status as a qualified plan under the Internal Revenue Code.
(B) Notwithstanding § 8-36-904 or any other law to the contrary, any political subdivision described in subdivision (a)(2)(A) shall set the employee contribution rate for its employees at the same rate as required under the political subdivision's preexisting plan. The political subdivision shall submit to the retirement system a duly executed adoption resolution as provided in subdivision (a)(1) prior to the political subdivision's effective date of participation in the hybrid plan, which must be approved by the board of trustees. If the employee contribution rate is set at an amount less than five percent (5%) of the employees' earnable compensation, the four percent (4%) employer contribution rate described in § 8-36-922 shall be increased by the percentage difference between five percent (5%) and the employee contribution rate.
(3) (A) Except as provided in subdivision (a)(3)(B), any current or former member of the retirement system or of a superseded system who accepts, or is elected to, a position on or after July 1, 2018, for which membership in the hybrid plan is otherwise optional pursuant to subdivision (a)(1) shall become a member of the hybrid plan as a condition of employment. (B) Subdivision (a)(3)(A) shall not apply to an employee having optional membership who was employed by a political subdivision on the date the political subdivision elected to extend retirement coverage to the employee, unless the employee was a member or former member of a preexisting defined benefit plan maintained by that employer. Subdivision (a)(3)(A) shall also not apply to retired members of the retirement system who return to service in a position covered by the retirement system as provided in § 8-36-805 , § 8-36-818 , or § 8-36-821 .
(A) Except as provided in subdivision (a)(3)(B), any current or former member of the retirement system or of a superseded system who accepts, or is elected to, a position on or after July 1, 2018, for which membership in the hybrid plan is otherwise optional pursuant to subdivision (a)(1) shall become a member of the hybrid plan as a condition of employment.
(B) Subdivision (a)(3)(A) shall not apply to an employee having optional membership who was employed by a political subdivision on the date the political subdivision elected to extend retirement coverage to the employee, unless the employee was a member or former member of a preexisting defined benefit plan maintained by that employer. Subdivision (a)(3)(A) shall also not apply to retired members of the retirement system who return to service in a position covered by the retirement system as provided in § 8-36-805 , § 8-36-818 , or § 8-36-821 .
(4) Any person who is employed by a political subdivision that is admitted into the hybrid plan on or after July 1, 2016, and who has optional membership pursuant to this section, shall, upon the date approval is given, file an irrevocable election to become or not to become a participant in the hybrid plan. Any employee of a political subdivision who had optional membership in the hybrid plan on June 30, 2016, and who has not elected to participate, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan. The elections provided for in this subdivision (a)(4) shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system. The elections provided for in this subdivision (a)(4) shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions and the employee contributions shall be picked up in accordance with § 8-36-904(b) .
(b) Except as otherwise specifically provided in this part, any political subdivision electing to participate in the hybrid plan pursuant to this section shall participate in the provisions of the plan as they exist for state employees on the date of participation or at any other given time pursuant to any changes made pursuant to §§ 8-36-921 and 8-36-922 ; provided, however, that any subsequent changes that increase the liability of a participating political subdivision within the meaning of Constitution of Tennessee, Article II, § 24 shall not apply to the political subdivision unless the chief governing body of the political subdivision agrees to such changes and accepts the liability therefore. Notwithstanding this subsection (b), the following provisions shall remain optional to political subdivisions: (1) Part-time, seasonal, or temporary employee service credit in accordance with § 8-34-621 ; and (2) Mandatory retirement in accordance with § 8-36-205 .
(1) Part-time, seasonal, or temporary employee service credit in accordance with § 8-34-621 ; and
(2) Mandatory retirement in accordance with § 8-36-205 .
(c) A political subdivision already participating in the retirement system under one of the additional plans afforded under chapters 34-37 of this title may change from that plan to the hybrid plan on a prospective basis by passage of a resolution pursuant to subsection (a) above. Any such resolution shall set forth the effective date of the change; provided, that the date shall be on the first day of any quarter following a minimum of six (6) months' notice to the retirement system. The actuarial value of accrued benefits earned by employees of the political subdivision prior to the effective date of the change shall remain an enforceable right and may not be reduced or otherwise forfeited except by the consent of the employee or in accordance with § 8-35-124 .
(d) Any political subdivision that participates in the hybrid plan shall have the right to change from the hybrid plan to any of the additional plans afforded to the political subdivision under chapters 34-37. Any such change shall be in accordance with and subject to the terms and conditions of §§ 8-35-253 - 8-35-256. In addition, any political subdivision that participates in the hybrid plan shall be subject to the withdrawal provisions of §§ 8-35-211 and 8-35-218 . Benefits accrued under the hybrid plan or under any of the plans adopted pursuant to §§ 8-35-253 - 8-35-256 shall be in accordance with 26 U.S.C. § 411 . Notwithstanding this section or any other law to the contrary, the cost-of-living provisions of § 8-36-701 shall not be deemed an accrued benefit and may be subject to change pursuant to this section and §§ 8-36-921 and 8-36-922 .
(e) Notwithstanding this section or any other law to the contrary, a political subdivision may authorize its county judges to participate in the hybrid plan under the same provisions governing state judges as set forth in this part provided the political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with such membership and, following review of the cost of such membership, the chief governing body of the political subdivision passes a resolution authorizing the membership and accepting the liability therefor. In addition, a political subdivision may authorize its county judge to participate in the hybrid plan under this subsection (e) without extending retirement coverage to its other employees provided the political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with such membership and, following review of the cost of such membership, the chief governing body of the political subdivision passes a resolution authorizing the membership and accepting the liability therefor. The retirement system shall not be liable for the payment of retirement allowances or other payments on account of such membership for which reserves have not been previously created from funds contributed by the political division and/or its county judges. It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the political subdivision.
(f) Notwithstanding this part or any law to the contrary, a political subdivision that extends retirement coverage to its employees under this section may elect to provide its own profit sharing and/or salary reduction plan that is authorized under § 401(k) of the Internal Revenue Code ( 26 U.S.C. 401(k) ) in lieu of participating in the state's profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title; provided, that the political subdivision makes mandatory contributions to such plan on behalf of each of its employees participating in the hybrid plan, regardless of whether the employees make any employee contributions to that plan. The amount of the employer contributions shall be five percent (5%) of the respective employee's salary unless suspended or reduced pursuant to § 8-36-922 .
(g) Any political subdivision that participates in the hybrid plan that previously participated in the retirement system under the plan afforded under chapters 34-37 of this title that was established on July 1, 1972, may, by resolution legally adopted and approved by its chief governing body, authorize its current employees who continue to participate under the previous plan the option to transfer from the previous plan to the hybrid plan on a prospective basis, but only under the following conditions: (1) The employee contribution rate in the previous plan must be the same as the employee contribution rate required under the hybrid plan; (2) The election shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions, and the employee contributions shall be picked up in accordance with § 8-36-904(b) ; (3) The option to transfer to the hybrid plan must meet all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the hybrid plan to maintain its status as a qualified plan under the Internal Revenue Code; (4) The election to transfer shall be made in the manner prescribed by the retirement system and filed with the retirement system; (5) The election shall become effective on the first day of the month next following the month the election is filed with the retirement system; (6) The actuarial value of accrued benefits earned prior to the effective date of the transfer shall be determined under the applicable provisions of the previous plan in effect on the date of the transfer; and (7) Any employee who elects to transfer shall be subject to the applicable provisions of this part on and after the effective date of the transfer.
(1) The employee contribution rate in the previous plan must be the same as the employee contribution rate required under the hybrid plan;
(2) The election shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions, and the employee contributions shall be picked up in accordance with § 8-36-904(b) ;
(3) The option to transfer to the hybrid plan must meet all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the hybrid plan to maintain its status as a qualified plan under the Internal Revenue Code;
(4) The election to transfer shall be made in the manner prescribed by the retirement system and filed with the retirement system;
(5) The election shall become effective on the first day of the month next following the month the election is filed with the retirement system;
(6) The actuarial value of accrued benefits earned prior to the effective date of the transfer shall be determined under the applicable provisions of the previous plan in effect on the date of the transfer; and
(7) Any employee who elects to transfer shall be subject to the applicable provisions of this part on and after the effective date of the transfer.
Amended by 2018 Tenn. Acts, ch. 736, Secs.s 17, s 18, s 19, s 20 eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 962, Secs.s 12, s 41, s 42, s 44 eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 421, Secs.s 20, s 21, s 22, s 23 eff. 5/8/2015.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-18-114 — TN Code / Title 8 / Chapter 18 / Section 8-18-114
Application of oath provisions to future offices
Status: in_force

Sections 8-18-107 - 8-18-113 apply to the oaths of office of all public officers of this state whose office may be established hereafter, unless the contrary be expressly provided. Code 1858, § 775; Shan., § 1096; Code 1932, § 1838; T.C.A. (orig. ed.), § 8-1814.
Sections 8-18-107 - 8-18-113 apply to the oaths of office of all public officers of this state whose office may be established hereafter, unless the contrary be expressly provided.
Code 1858, § 775; Shan., § 1096; Code 1932, § 1838; T.C.A. (orig. ed.), § 8-1814.
Tenn. Code Ann. § 8-39-205 — TN Code / Title 8 / Chapter 39 / Section 8-39-205
Benefits in lieu of all other provisions
Status: in_force

Benefits payable under this part in respect of any former governor shall be in lieu of all other benefits of which the governor may otherwise be entitled under chapters 34-37 of this title. Acts 1972, ch. 814, § 12; T.C.A., § 8-3942(a).
Benefits payable under this part in respect of any former governor shall be in lieu of all other benefits of which the governor may otherwise be entitled under chapters 34-37 of this title.
Acts 1972, ch. 814, § 12; T.C.A., § 8-3942(a).
Tenn. Code Ann. § 8-12-115 — TN Code / Title 8 / Chapter 12 / Section 8-12-115
Liability for wrongful survey - Acts of deputy
Status: in_force

The county surveyor is liable on the surveyor's official bond for any damages done by a wrongful survey or plat. The surveyor and the sureties on such official bond shall be liable for all malfeasance and nonfeasance of the surveyor's deputy in office, to the same extent and in the same manner as a sheriff is liable for the acts of the sheriff's deputy. Code 1858, § 441; Acts 1873, ch. 9, § 3; Shan., § 540; Code 1932, § 792; T.C.A. (orig. ed.), § 8-1215.
The county surveyor is liable on the surveyor's official bond for any damages done by a wrongful survey or plat. The surveyor and the sureties on such official bond shall be liable for all malfeasance and nonfeasance of the surveyor's deputy in office, to the same extent and in the same manner as a sheriff is liable for the acts of the sheriff's deputy.
Code 1858, § 441; Acts 1873, ch. 9, § 3; Shan., § 540; Code 1932, § 792; T.C.A. (orig. ed.), § 8-1215.
Tenn. Code Ann. § 8-50-1201 — TN Code / Title 8 / Chapter 50 / Section 8-50-1201
Short title
Status: in_force

This part shall be known and may be cited as the "Other Post-Employment Benefit Investment Trust Act of 2006." Acts 2006, ch. 771, § 1.
This part shall be known and may be cited as the "Other Post-Employment Benefit Investment Trust Act of 2006."
Acts 2006, ch. 771, § 1.
Tenn. Code Ann. § 8-27-501 — TN Code / Title 8 / Chapter 27 / Section 8-27-501
Counties authorized to provide insurance for employees and officials - Persons eligible
Status: in_force

(a) Counties are hereby expressly authorized to provide group life, hospitalization, disability, or medical insurance for all county employees and officials. (b) For the purpose of the application of this part, "county employee" may include, subject to the approval of the county legislative bodies, retired county employees, officials, and their surviving spouses. Where any county has offered such coverage prior to May 10, 1994, no further action by the legislative body shall be required. Acts 1961, ch. 139, § 1; T.C.A., §§ 8-3905, 8-4104, 8-50-201; Acts 1994, ch. 966, § 3.
(a) Counties are hereby expressly authorized to provide group life, hospitalization, disability, or medical insurance for all county employees and officials.
(b) For the purpose of the application of this part, "county employee" may include, subject to the approval of the county legislative bodies, retired county employees, officials, and their surviving spouses. Where any county has offered such coverage prior to May 10, 1994, no further action by the legislative body shall be required.
Acts 1961, ch. 139, § 1; T.C.A., §§ 8-3905, 8-4104, 8-50-201; Acts 1994, ch. 966, § 3.
Tenn. Code Ann. § 8-1-105 — TN Code / Title 8 / Chapter 1 / Section 8-1-105
Administrative assistants to governor
Status: in_force

The governor is empowered to appoint two (2) persons to be known as administrative assistants, to aid the governor in the performance of additional duties of the office. These administrative assistants shall hold office at the pleasure of the governor and perform such duties as may be delegated to them by executive order of the governor or otherwise. An administrative assistant may also be the head of a department of the state government; provided, that the administrative assistant's total salary shall be fixed commensurate with the services rendered. Acts 1937, ch. 33, § 75a, as added by Acts 1939, ch. 11, § 43; C. Supp. 1950, § 255.87 (Williams, § 255.80a); T.C.A. (orig. ed.), § 4-342.
The governor is empowered to appoint two (2) persons to be known as administrative assistants, to aid the governor in the performance of additional duties of the office. These administrative assistants shall hold office at the pleasure of the governor and perform such duties as may be delegated to them by executive order of the governor or otherwise. An administrative assistant may also be the head of a department of the state government; provided, that the administrative assistant's total salary shall be fixed commensurate with the services rendered.
Acts 1937, ch. 33, § 75a, as added by Acts 1939, ch. 11, § 43; C. Supp. 1950, § 255.87 (Williams, § 255.80a); T.C.A. (orig. ed.), § 4-342.
Tenn. Code Ann. § 8-27-204 — TN Code / Title 8 / Chapter 27 / Section 8-27-204
Eligibility for plans - Temporarily disabled employees - Dependents
Status: in_force

(a) (1) State employees shall be eligible for the plans authorized under § 8-27-202 . The state insurance committee shall establish procedures for enrolling state employees and collecting required premiums. For purposes of eligibility, "state employee" means: (A) Any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly; (B) Any person who is employed in the service of, and whose compensation is payable by, the state; (C) Any person who is employed by the state whose compensation is paid, in whole or in part, from federal or other funds; or (D) Any commissioner of the Tennessee public utility commission. (2) The following persons are not eligible for the state group insurance plan: (A) Any person performing services on a contractual or percentage basis; or (B) Any part-time or seasonal employee who works less than an average of thirty (30) hours per week. The average shall be calculated on an annual basis. (3) The group insurance plan for state employees shall include as eligible employees, each officer and employee of the several departments and agencies of state government who, having been employed by the state for at least twenty-four (24) months, will work one thousand four hundred fifty (1,450) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis. The various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating employee within the respective departments, agencies, boards, and commissions, the same rate of the cost of the participating employee's participation in the group insurance plan as is paid for other employees pursuant to subsection (b) while the participating employee is on active status. The participating employee may maintain such insurance coverage during the time the employee is not on active status for a period not to exceed three (3) months in any one (1) fiscal year and shall be responsible for paying one hundred percent (100%) of the cost of such insurance during such time. This subdivision (a)(3) shall not apply to employees hired on or after July 1, 2015. (4) The state insurance committee may determine criteria to extend eligibility to additional employees, subject to the availability of funds as certified by the commissioner of finance and administration. (b) The state insurance committee shall develop procedures for special enrollment of employees consistent with applicable state and federal laws. (c) Any employee who leaves the state payroll because of a work-related injury and who qualifies for temporary benefits after application to the board of claims shall be considered an eligible employee for the purpose of participating in the state group insurance plan during the period of temporary disability; provided, that the employee was participating in the state group insurance plan at the time the work-related injury occurred. The various departments, agencies, boards, and commissions shall pay all of the cost of the insurance premium for employees described in this subsection (c). Nothing in this subsection (c) shall permit payment by the group insurance plan for medical expenses incurred because of any work-related injury qualifying the employee for benefits from the board of claims. (d) The state insurance committee shall extend eligibility to the dependents of state employees who are eligible for the state group insurance plan. The state insurance committee may determine which dependents are eligible, and what documentation is required to establish eligibility, subject to the requirements of state and federal law. Eligibility standards for dependents shall be approved at public meetings of the state insurance committee and published in the plan documents. The state may deny coverage to the spouses of state employees who are eligible for similar group health insurance through the spouses' employers. Any denial of coverage made pursuant to this subsection (d) and based on an employee's spouse's eligibility for similar group health insurance through the spouse's employer shall apply only to employees whose employment commenced on or after July 1, 2015. Amended by 2017 Tenn. Acts, ch. 94, s 27, eff. 4/4/2017. Amended by 2015 Tenn. Acts, ch. 426, s 2, eff. 5/18/2015. Acts 1982, ch. 863, § 3.
(a) (1) State employees shall be eligible for the plans authorized under § 8-27-202 . The state insurance committee shall establish procedures for enrolling state employees and collecting required premiums. For purposes of eligibility, "state employee" means: (A) Any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly; (B) Any person who is employed in the service of, and whose compensation is payable by, the state; (C) Any person who is employed by the state whose compensation is paid, in whole or in part, from federal or other funds; or (D) Any commissioner of the Tennessee public utility commission. (2) The following persons are not eligible for the state group insurance plan: (A) Any person performing services on a contractual or percentage basis; or (B) Any part-time or seasonal employee who works less than an average of thirty (30) hours per week. The average shall be calculated on an annual basis. (3) The group insurance plan for state employees shall include as eligible employees, each officer and employee of the several departments and agencies of state government who, having been employed by the state for at least twenty-four (24) months, will work one thousand four hundred fifty (1,450) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis. The various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating employee within the respective departments, agencies, boards, and commissions, the same rate of the cost of the participating employee's participation in the group insurance plan as is paid for other employees pursuant to subsection (b) while the participating employee is on active status. The participating employee may maintain such insurance coverage during the time the employee is not on active status for a period not to exceed three (3) months in any one (1) fiscal year and shall be responsible for paying one hundred percent (100%) of the cost of such insurance during such time. This subdivision (a)(3) shall not apply to employees hired on or after July 1, 2015. (4) The state insurance committee may determine criteria to extend eligibility to additional employees, subject to the availability of funds as certified by the commissioner of finance and administration.
(1) State employees shall be eligible for the plans authorized under § 8-27-202 . The state insurance committee shall establish procedures for enrolling state employees and collecting required premiums. For purposes of eligibility, "state employee" means: (A) Any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly; (B) Any person who is employed in the service of, and whose compensation is payable by, the state; (C) Any person who is employed by the state whose compensation is paid, in whole or in part, from federal or other funds; or (D) Any commissioner of the Tennessee public utility commission.
(A) Any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly;
(B) Any person who is employed in the service of, and whose compensation is payable by, the state;
(C) Any person who is employed by the state whose compensation is paid, in whole or in part, from federal or other funds; or
(D) Any commissioner of the Tennessee public utility commission.
(2) The following persons are not eligible for the state group insurance plan: (A) Any person performing services on a contractual or percentage basis; or (B) Any part-time or seasonal employee who works less than an average of thirty (30) hours per week. The average shall be calculated on an annual basis.
(A) Any person performing services on a contractual or percentage basis; or
(B) Any part-time or seasonal employee who works less than an average of thirty (30) hours per week. The average shall be calculated on an annual basis.
(3) The group insurance plan for state employees shall include as eligible employees, each officer and employee of the several departments and agencies of state government who, having been employed by the state for at least twenty-four (24) months, will work one thousand four hundred fifty (1,450) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis. The various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating employee within the respective departments, agencies, boards, and commissions, the same rate of the cost of the participating employee's participation in the group insurance plan as is paid for other employees pursuant to subsection (b) while the participating employee is on active status. The participating employee may maintain such insurance coverage during the time the employee is not on active status for a period not to exceed three (3) months in any one (1) fiscal year and shall be responsible for paying one hundred percent (100%) of the cost of such insurance during such time. This subdivision (a)(3) shall not apply to employees hired on or after July 1, 2015.
(4) The state insurance committee may determine criteria to extend eligibility to additional employees, subject to the availability of funds as certified by the commissioner of finance and administration.
(b) The state insurance committee shall develop procedures for special enrollment of employees consistent with applicable state and federal laws.
(c) Any employee who leaves the state payroll because of a work-related injury and who qualifies for temporary benefits after application to the board of claims shall be considered an eligible employee for the purpose of participating in the state group insurance plan during the period of temporary disability; provided, that the employee was participating in the state group insurance plan at the time the work-related injury occurred. The various departments, agencies, boards, and commissions shall pay all of the cost of the insurance premium for employees described in this subsection (c). Nothing in this subsection (c) shall permit payment by the group insurance plan for medical expenses incurred because of any work-related injury qualifying the employee for benefits from the board of claims.
(d) The state insurance committee shall extend eligibility to the dependents of state employees who are eligible for the state group insurance plan. The state insurance committee may determine which dependents are eligible, and what documentation is required to establish eligibility, subject to the requirements of state and federal law. Eligibility standards for dependents shall be approved at public meetings of the state insurance committee and published in the plan documents. The state may deny coverage to the spouses of state employees who are eligible for similar group health insurance through the spouses' employers. Any denial of coverage made pursuant to this subsection (d) and based on an employee's spouse's eligibility for similar group health insurance through the spouse's employer shall apply only to employees whose employment commenced on or after July 1, 2015.
Amended by 2017 Tenn. Acts, ch. 94, s 27, eff. 4/4/2017.
Amended by 2015 Tenn. Acts, ch. 426, s 2, eff. 5/18/2015.
Acts 1982, ch. 863, § 3.
Tenn. Code Ann. § 8-27-201 — TN Code / Title 8 / Chapter 27 / Section 8-27-201
State insurance committee created - Members - Vacancies - Alternative representative
Status: in_force

(a) There is created a state insurance committee, to be composed of the commissioner of human resources, the state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, the commissioner of finance and administration, the chair of the senate finance, ways and means committee, the chair of the house of representatives finance, ways and means committee, a member to be appointed by the board of directors of the Tennessee state employees association, and three (3) state employees. For purposes of this part, "state insurance committee" means the state insurance committee created by this subsection (a). (b) (1) Two (2) state employees shall be selected in accordance with a procedure adopted by the state insurance committee. The chair of the state insurance committee and the chair of the consolidated retirement system board of trustees may develop a procedure to coordinate the process for selection of state employee members to each entity. (2) One (1) state employee shall be an employee of either the University of Tennessee or the state university and community college system selected under a procedure developed by the Tennessee higher education commission and approved by the state insurance committee. (3) A vacancy on the state insurance committee caused by death or resignation of a state employee member shall be filled by the same selection procedure by which the previous employee member was selected. (c) The commissioner of human resources, the state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, and the commissioner of finance and administration are authorized to designate an alternate representative to attend, participate, and vote at meetings of the state insurance committee when that respective member is unable to attend. The designation shall be made in writing to the chair of the state insurance committee. Amended by 2015 Tenn. Acts, ch. 426,s 2, eff. 5/18/2015. Amended by 2013 Tenn. Acts, ch. 245,s 1, eff. 4/19/2013. Acts 1976, ch. 804, § 2; 1979, ch. 337, § 1; T.C.A., § 8-4502; Acts 1981, ch. 407, § 1; 1983, ch. 375, § 1; 1984, ch. 543, § 1; 1985, ch. 426, §§ 1, 2; 1986, ch. 509, § 1; 1986, ch. 647, § 1; 1989, ch. 343, § 2; 1989, ch. 532, § 1; 1990, ch. 1004, § 1; 1993, ch. 503, § 1; 1997, ch. 498, § 1; 1997, ch. 513, § 8; 1998, ch. 905, § 1; 2002, ch. 870, § 1; 2007, ch. 497, § 1; 2009, ch. 258, § 1.
(a) There is created a state insurance committee, to be composed of the commissioner of human resources, the state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, the commissioner of finance and administration, the chair of the senate finance, ways and means committee, the chair of the house of representatives finance, ways and means committee, a member to be appointed by the board of directors of the Tennessee state employees association, and three (3) state employees. For purposes of this part, "state insurance committee" means the state insurance committee created by this subsection (a).
(b) (1) Two (2) state employees shall be selected in accordance with a procedure adopted by the state insurance committee. The chair of the state insurance committee and the chair of the consolidated retirement system board of trustees may develop a procedure to coordinate the process for selection of state employee members to each entity. (2) One (1) state employee shall be an employee of either the University of Tennessee or the state university and community college system selected under a procedure developed by the Tennessee higher education commission and approved by the state insurance committee. (3) A vacancy on the state insurance committee caused by death or resignation of a state employee member shall be filled by the same selection procedure by which the previous employee member was selected.
(1) Two (2) state employees shall be selected in accordance with a procedure adopted by the state insurance committee. The chair of the state insurance committee and the chair of the consolidated retirement system board of trustees may develop a procedure to coordinate the process for selection of state employee members to each entity.
(2) One (1) state employee shall be an employee of either the University of Tennessee or the state university and community college system selected under a procedure developed by the Tennessee higher education commission and approved by the state insurance committee.
(3) A vacancy on the state insurance committee caused by death or resignation of a state employee member shall be filled by the same selection procedure by which the previous employee member was selected.
(c) The commissioner of human resources, the state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, and the commissioner of finance and administration are authorized to designate an alternate representative to attend, participate, and vote at meetings of the state insurance committee when that respective member is unable to attend. The designation shall be made in writing to the chair of the state insurance committee.
Amended by 2015 Tenn. Acts, ch. 426,s 2, eff. 5/18/2015.
Amended by 2013 Tenn. Acts, ch. 245,s 1, eff. 4/19/2013.
Acts 1976, ch. 804, § 2; 1979, ch. 337, § 1; T.C.A., § 8-4502; Acts 1981, ch. 407, § 1; 1983, ch. 375, § 1; 1984, ch. 543, § 1; 1985, ch. 426, §§ 1, 2; 1986, ch. 509, § 1; 1986, ch. 647, § 1; 1989, ch. 343, § 2; 1989, ch. 532, § 1; 1990, ch. 1004, § 1; 1993, ch. 503, § 1; 1997, ch. 498, § 1; 1997, ch. 513, § 8; 1998, ch. 905, § 1; 2002, ch. 870, § 1; 2007, ch. 497, § 1; 2009, ch. 258, § 1.
Tenn. Code Ann. § 8-50-111 — TN Code / Title 8 / Chapter 50 / Section 8-50-111
Disabling assault injuries in the line of duty - Retention on regular payroll - Conditions
Status: in_force

(a) Whenever an employee of the state of Tennessee is injured in the line of duty as a result of the commission of an assault upon the employee, and whenever such injury disables the employee from performing the employee's regular duties, whether such disability is temporary or permanent, it is lawful for the appointing authority, with the prior approval of the commissioners of finance and administration and of human resources, to retain the injured employee on the regular payroll for a period of time not to exceed twenty-eight (28) calendar days without requiring the employee to use any sick leave benefits authorized by § 8-50-802 . (b) The length of time an injured employee will be permitted to remain on the regular payroll shall be based upon a written statement from the attending physician that the employee is unable to perform the employee's regular duties. In no event shall this period exceed twenty-eight (28) calendar days from the date of the injury. (c) In circumstances where an employee so injured shall make a claim for compensation for such injury to the division of claims and risk management, then the appointing authority is authorized to compensate the employee for the difference between the employee's weekly salary at the time of the injury and the weekly compensation for such injury as determined by the division for the period of time between the date of the injury and the effective date of the action of the division. In no event shall the period of this compensation exceed ninety (90) calendar days. This provision shall not apply to employees who have failed to file a claim with the division within ten (10) calendar days after the date of the injury causing the temporary or permanent disability. (d) In the event that the injured employee receives any monetary recovery from or settlement with a third party where the state recovers any part of such recovery in compensation for payments made pursuant to this section, the state shall pay a pro rata share, based upon the percentage of the recovery it receives, of any attorneys fees paid or agreed to by the injured employee to secure such settlement or recovery. (e) Nothing in this section shall be construed to prevent an injured state employee from requesting permission to use any sick leave benefits in accordance with § 8-50-802 . (f) This section shall apply to injuries sustained after July 1, 1981. Acts 1981, ch. 135, §§ 1-6; 1984, ch. 972, § 19; 1987, ch. 19, §§ 1-3; 2007 , ch. 60.
(a) Whenever an employee of the state of Tennessee is injured in the line of duty as a result of the commission of an assault upon the employee, and whenever such injury disables the employee from performing the employee's regular duties, whether such disability is temporary or permanent, it is lawful for the appointing authority, with the prior approval of the commissioners of finance and administration and of human resources, to retain the injured employee on the regular payroll for a period of time not to exceed twenty-eight (28) calendar days without requiring the employee to use any sick leave benefits authorized by § 8-50-802 .
(b) The length of time an injured employee will be permitted to remain on the regular payroll shall be based upon a written statement from the attending physician that the employee is unable to perform the employee's regular duties. In no event shall this period exceed twenty-eight (28) calendar days from the date of the injury.
(c) In circumstances where an employee so injured shall make a claim for compensation for such injury to the division of claims and risk management, then the appointing authority is authorized to compensate the employee for the difference between the employee's weekly salary at the time of the injury and the weekly compensation for such injury as determined by the division for the period of time between the date of the injury and the effective date of the action of the division. In no event shall the period of this compensation exceed ninety (90) calendar days. This provision shall not apply to employees who have failed to file a claim with the division within ten (10) calendar days after the date of the injury causing the temporary or permanent disability.
(d) In the event that the injured employee receives any monetary recovery from or settlement with a third party where the state recovers any part of such recovery in compensation for payments made pursuant to this section, the state shall pay a pro rata share, based upon the percentage of the recovery it receives, of any attorneys fees paid or agreed to by the injured employee to secure such settlement or recovery.
(e) Nothing in this section shall be construed to prevent an injured state employee from requesting permission to use any sick leave benefits in accordance with § 8-50-802 .
(f) This section shall apply to injuries sustained after July 1, 1981.
Acts 1981, ch. 135, §§ 1-6; 1984, ch. 972, § 19; 1987, ch. 19, §§ 1-3; 2007 , ch. 60.
Tenn. Code Ann. § 8-22-105 — TN Code / Title 8 / Chapter 22 / Section 8-22-105
Liability for failure to collect or account
Status: in_force

Any officer enumerated in § 8-22-101 , who evades the letter or the spirit of chapters 21 and 22 of this title by failing to charge or collect from the one liable therefor, every fee, commission, perquisite, emolument, or compensation that the county may be entitled to, and which, by the exercise of reasonable diligence could have been collected, or by failing to present the statement of receipts as herein directed, shall be held individually liable to the county for the amount that should have been collected, and the same shall be charged against the officer and be deducted from the officer's salary, or collected from the officer by law. Acts 1921, ch. 101, § 12; Shan. Supp., § 6428a49; mod. Code 1932, § 10738; T.C.A. (orig. ed.), § 8-2205.
Any officer enumerated in § 8-22-101 , who evades the letter or the spirit of chapters 21 and 22 of this title by failing to charge or collect from the one liable therefor, every fee, commission, perquisite, emolument, or compensation that the county may be entitled to, and which, by the exercise of reasonable diligence could have been collected, or by failing to present the statement of receipts as herein directed, shall be held individually liable to the county for the amount that should have been collected, and the same shall be charged against the officer and be deducted from the officer's salary, or collected from the officer by law.
Acts 1921, ch. 101, § 12; Shan. Supp., § 6428a49; mod. Code 1932, § 10738; T.C.A. (orig. ed.), § 8-2205.
Tenn. Code Ann. § 8-36-702 — TN Code / Title 8 / Chapter 36 / Section 8-36-702
Recomputation of benefits under certain superseded systems when consolidated system formula changes
Status: in_force

(a) Notwithstanding any other provisions to the contrary, in any year in which there is a change in the formula for retirement allowances, any beneficiary of the Tennessee teachers' retirement system, the Tennessee state retirement system, or of Group 1 of the Tennessee consolidated retirement system shall, on July 1 of such year, have such beneficiary's benefits recomputed according to the then existing provisions of the Tennessee consolidated retirement system. The recomputed benefit shall be compared to the benefit at the time of retirement or as of the date of the most recent recomputation, whichever date is later, and if the recomputed benefit is larger, the difference shall be added to the then current benefit. The increase provided by this section shall be in addition to any increases permitted under § 8-36-701 . (b) (1) For the purposes of recomputing benefits as provided in subsection (a), a change in the formula shall be defined as follows: (A) The conditions of eligibility for retirement as provided in § 8-36-201 ; (B) The service retirement allowance formula as provided in §§ 8-36-206 - 8-36-208, and the service retirement allowance for Class B members as provided in the superseded Tennessee teachers' retirement system or the superseded Tennessee state employees' retirement system; (C) The minimum service retirement allowance as provided in § 8-36-209 ; (D) The early service retirement allowance as provided in part 3 of this chapter; (E) The disability retirement allowance as provided in part 5 of this chapter; and (F) The definition of "average final compensation" as defined in § 8-34-101 . (2) Notwithstanding the formula changes listed in subdivision (b)(1)(A)-(F), a change in the formula shall not include for recomputation purposes any increase in state retirement benefits for active employees to offset a reduction in the benefits paid by social security which is necessary to maintain the approximate level of benefits for active employees. (c) The benefit of a state judge who retires prior to September 1, 1990, as a Group 3 member shall be recalculated under public chapter 554 of the Public Acts of 1986. (d) The governing body of a political subdivision may, at its option, by resolution authorize and accept the liability for its active and retired employees to receive any increases due to a change in the benefit formula. It is the intent of this enactment that should the governing body elect to authorize its employees to receive increases, resulting from a change in formula, such authorization and acceptance of liability therefor shall include both active and retired employees. Acts 1974, ch. 796, § 1; T.C.A., § 8-3943; Acts 1980, ch. 490, § 1; 1982, ch. 913, § 1; 1986, ch. 554, § 18.
(a) Notwithstanding any other provisions to the contrary, in any year in which there is a change in the formula for retirement allowances, any beneficiary of the Tennessee teachers' retirement system, the Tennessee state retirement system, or of Group 1 of the Tennessee consolidated retirement system shall, on July 1 of such year, have such beneficiary's benefits recomputed according to the then existing provisions of the Tennessee consolidated retirement system. The recomputed benefit shall be compared to the benefit at the time of retirement or as of the date of the most recent recomputation, whichever date is later, and if the recomputed benefit is larger, the difference shall be added to the then current benefit. The increase provided by this section shall be in addition to any increases permitted under § 8-36-701 .
(b) (1) For the purposes of recomputing benefits as provided in subsection (a), a change in the formula shall be defined as follows: (A) The conditions of eligibility for retirement as provided in § 8-36-201 ; (B) The service retirement allowance formula as provided in §§ 8-36-206 - 8-36-208, and the service retirement allowance for Class B members as provided in the superseded Tennessee teachers' retirement system or the superseded Tennessee state employees' retirement system; (C) The minimum service retirement allowance as provided in § 8-36-209 ; (D) The early service retirement allowance as provided in part 3 of this chapter; (E) The disability retirement allowance as provided in part 5 of this chapter; and (F) The definition of "average final compensation" as defined in § 8-34-101 . (2) Notwithstanding the formula changes listed in subdivision (b)(1)(A)-(F), a change in the formula shall not include for recomputation purposes any increase in state retirement benefits for active employees to offset a reduction in the benefits paid by social security which is necessary to maintain the approximate level of benefits for active employees.
(1) For the purposes of recomputing benefits as provided in subsection (a), a change in the formula shall be defined as follows: (A) The conditions of eligibility for retirement as provided in § 8-36-201 ; (B) The service retirement allowance formula as provided in §§ 8-36-206 - 8-36-208, and the service retirement allowance for Class B members as provided in the superseded Tennessee teachers' retirement system or the superseded Tennessee state employees' retirement system; (C) The minimum service retirement allowance as provided in § 8-36-209 ; (D) The early service retirement allowance as provided in part 3 of this chapter; (E) The disability retirement allowance as provided in part 5 of this chapter; and (F) The definition of "average final compensation" as defined in § 8-34-101 .
(A) The conditions of eligibility for retirement as provided in § 8-36-201 ;
(B) The service retirement allowance formula as provided in §§ 8-36-206 - 8-36-208, and the service retirement allowance for Class B members as provided in the superseded Tennessee teachers' retirement system or the superseded Tennessee state employees' retirement system;
(C) The minimum service retirement allowance as provided in § 8-36-209 ;
(D) The early service retirement allowance as provided in part 3 of this chapter;
(E) The disability retirement allowance as provided in part 5 of this chapter; and
(F) The definition of "average final compensation" as defined in § 8-34-101 .
(2) Notwithstanding the formula changes listed in subdivision (b)(1)(A)-(F), a change in the formula shall not include for recomputation purposes any increase in state retirement benefits for active employees to offset a reduction in the benefits paid by social security which is necessary to maintain the approximate level of benefits for active employees.
(c) The benefit of a state judge who retires prior to September 1, 1990, as a Group 3 member shall be recalculated under public chapter 554 of the Public Acts of 1986.
(d) The governing body of a political subdivision may, at its option, by resolution authorize and accept the liability for its active and retired employees to receive any increases due to a change in the benefit formula. It is the intent of this enactment that should the governing body elect to authorize its employees to receive increases, resulting from a change in formula, such authorization and acceptance of liability therefor shall include both active and retired employees.
Acts 1974, ch. 796, § 1; T.C.A., § 8-3943; Acts 1980, ch. 490, § 1; 1982, ch. 913, § 1; 1986, ch. 554, § 18.
Tenn. Code Ann. § 8-37-504 — TN Code / Title 8 / Chapter 37 / Section 8-37-504
Penalties for delinquent reporting and payment
Status: in_force

(a) When any employer fails to forward payroll data or pay the full amount of contributions required by chapters 34-37 of this title, there shall be imposed a specific civil penalty to be added to the contributions in the amount of five and one-half percent (5.5%), if the failure is not more than thirty (30) days, with an additional five percent (5%) for each additional thirty (30) days or fraction thereof, during which the failure continues, not to exceed twenty-five percent (25%) in the aggregate. Effective for the payroll period ending July 1, 2006, and thereafter, the penalty imposed under this subsection (a) shall in no case be less than twenty-five dollars ($25.00), if the failure is not more than thirty (30) days, with an additional twenty-five dollars ($25.00) for each additional thirty (30) days, or fraction thereof, during which the failure continues, not to exceed one hundred fifty dollars ($150) in the aggregate. (b) Any penalties assessed under this section shall be credited to the state accumulation fund pursuant to § 8-37-301 . Acts 1978, ch. 788, § 10; T.C.A., § 8-3930(3); Acts 2006, ch. 870, § 22.
(a) When any employer fails to forward payroll data or pay the full amount of contributions required by chapters 34-37 of this title, there shall be imposed a specific civil penalty to be added to the contributions in the amount of five and one-half percent (5.5%), if the failure is not more than thirty (30) days, with an additional five percent (5%) for each additional thirty (30) days or fraction thereof, during which the failure continues, not to exceed twenty-five percent (25%) in the aggregate. Effective for the payroll period ending July 1, 2006, and thereafter, the penalty imposed under this subsection (a) shall in no case be less than twenty-five dollars ($25.00), if the failure is not more than thirty (30) days, with an additional twenty-five dollars ($25.00) for each additional thirty (30) days, or fraction thereof, during which the failure continues, not to exceed one hundred fifty dollars ($150) in the aggregate.
(b) Any penalties assessed under this section shall be credited to the state accumulation fund pursuant to § 8-37-301 .
Acts 1978, ch. 788, § 10; T.C.A., § 8-3930(3); Acts 2006, ch. 870, § 22.
Tenn. Code Ann. § 8-4-303 — TN Code / Title 8 / Chapter 4 / Section 8-4-303
Acting in emergency only
Status: in_force

(a) In no event shall the person so appointed as assistant comptroller of the treasury serve as such except during the existence of the emergency, and the governor shall determine when such emergency exists and when it terminates and shall so declare. (b) The action of the governor in declaring the existence of an emergency shall be subject to review by writ of certiorari. Acts 1949, ch. 119, § 1; C. Supp. 1950, § 213.1 (Williams, § 192.1); T.C.A. (orig. ed.), § 8-414; T.C.A., § 8-422.
(a) In no event shall the person so appointed as assistant comptroller of the treasury serve as such except during the existence of the emergency, and the governor shall determine when such emergency exists and when it terminates and shall so declare.
(b) The action of the governor in declaring the existence of an emergency shall be subject to review by writ of certiorari.
Acts 1949, ch. 119, § 1; C. Supp. 1950, § 213.1 (Williams, § 192.1); T.C.A. (orig. ed.), § 8-414; T.C.A., § 8-422.
Tenn. Code Ann. § 8-30-103 — TN Code / Title 8 / Chapter 30 / Section 8-30-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Appointing authority" means a commissioner, department, officer or agency having power to make appointments to, and separations from, positions in state service; (2) "Board of appeals" means the state employees' appeals board established by § 8-30-108 of this chapter; (3) "Class" or "class of positions" means a group of positions in state service determined by the commissioner to have sufficiently similar duties, authority, and responsibility such that: (A) The same qualifications may be reasonably required for; and (B) The same schedule of pay may be equitably applied to; all positions in the group; (4) "Commissioner" means the commissioner of human resources appointed under § 8-30-104 ; (5) "Department" means the department of human resources pursuant to § 8-30-104 . The term includes the commissioner; (6) "Executive service" means all other positions that have not been placed under the preferred service and as are described in § 8-30-202 ; (7) "Official station" means the town or city where the employee performs a majority of the employee's duties; (8) "Preferred service" means all offices and positions of employment in the state service that have been placed under the preferred service provisions of this chapter; (9) "State agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality in state service that is subject to this chapter; and (10) "State service" shall have the same meaning assigned in § 8-30-102(a) . Amended by 2022 Tenn. Acts, ch. 655, s 28, eff. 7/1/2022. Acts 2012 , ch. 800, § 4.
As used in this chapter, unless the context otherwise requires:
(1) "Appointing authority" means a commissioner, department, officer or agency having power to make appointments to, and separations from, positions in state service;
(2) "Board of appeals" means the state employees' appeals board established by § 8-30-108 of this chapter;
(3) "Class" or "class of positions" means a group of positions in state service determined by the commissioner to have sufficiently similar duties, authority, and responsibility such that: (A) The same qualifications may be reasonably required for; and (B) The same schedule of pay may be equitably applied to; all positions in the group;
(A) The same qualifications may be reasonably required for; and
(B) The same schedule of pay may be equitably applied to; all positions in the group;
all positions in the group;
(4) "Commissioner" means the commissioner of human resources appointed under § 8-30-104 ;
(5) "Department" means the department of human resources pursuant to § 8-30-104 . The term includes the commissioner;
(6) "Executive service" means all other positions that have not been placed under the preferred service and as are described in § 8-30-202 ;
(7) "Official station" means the town or city where the employee performs a majority of the employee's duties;
(8) "Preferred service" means all offices and positions of employment in the state service that have been placed under the preferred service provisions of this chapter;
(9) "State agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality in state service that is subject to this chapter; and
(10) "State service" shall have the same meaning assigned in § 8-30-102(a) .
Amended by 2022 Tenn. Acts, ch. 655, s 28, eff. 7/1/2022.
Acts 2012 , ch. 800, § 4.
Tenn. Code Ann. § 8-5-112 — TN Code / Title 8 / Chapter 5 / Section 8-5-112
Misappropriation of funds
Status: in_force

If the state treasurer diverts, misapplies, or fails to pay over any money paid, or which by law is required to be paid, into the state treasury, contrary to law, the state treasurer shall forfeit the office and be incapable of holding any office of trust or profit whatsoever in this state. The state treasurer shall, moreover, be liable to pay double the value of any sum so misapplied, to be recovered, for the use of the state, by motion of the comptroller of the treasury or the comptroller of the treasury's attorney, in any court of record in the state. Code 1858, § 244 (deriv. Acts 1835-1836, ch. 27, § 7); Shan., § 294; Code 1932, § 251; T.C.A. (orig. ed.), § 8-513.
If the state treasurer diverts, misapplies, or fails to pay over any money paid, or which by law is required to be paid, into the state treasury, contrary to law, the state treasurer shall forfeit the office and be incapable of holding any office of trust or profit whatsoever in this state. The state treasurer shall, moreover, be liable to pay double the value of any sum so misapplied, to be recovered, for the use of the state, by motion of the comptroller of the treasury or the comptroller of the treasury's attorney, in any court of record in the state.
Code 1858, § 244 (deriv. Acts 1835-1836, ch. 27, § 7); Shan., § 294; Code 1932, § 251; T.C.A. (orig. ed.), § 8-513.
Tenn. Code Ann. § 8-7-110 — TN Code / Title 8 / Chapter 7 / Section 8-7-110
Assignment of law enforcement officers to drug task forces - Officers' powers, duties and immunities
Status: in_force

(a) Any law enforcement officer or assistant district attorney general or district attorney general criminal investigator assigned to or hired by a judicial district or multi-judicial district task force relating to the investigation and prosecution of drug and violent crime cases shall have the same rights, powers, duties and immunities in every jurisdiction within the judicial district as such officer has within the officer's own jurisdiction. Such assignment shall be made in writing by the chief law enforcement official of the assigning jurisdiction, including, but not limited to, sheriff offices, police departments, task forces, state law enforcement agencies and district attorneys general offices, and shall not become effective until approved by the board of directors or governing or advisory board of the task force and/or the district attorneys general of the judicial district. Any law enforcement officer employed by or assigned to a judicial district drug task force pursuant to this section must meet the minimum certification requirements of the peace officers standards and training commission; provided, however, that such officer employed by a judicial district drug task force shall not be entitled to receive a police pay supplement for that certification. The director of a judicial district drug task force shall have the authority to commission personnel assigned to or hired by the task force with the approval of the district attorney general. (b) Any law enforcement officer or assistant district attorney general or district attorney general criminal investigator assigned to or hired by a judicial district or multi-judicial district task force relating to the investigation and prosecution of drug and violent crime cases shall have the same rights, powers, duties, and immunities statewide as such officer has within the officer's own judicial district or multi-judicial district; provided, that investigations conducted outside the officer's jurisdiction originated within the officer's own jurisdiction and is immediately necessary to an ongoing investigation; or by working in cooperation with another judicial district or multi-judicial district task force or law enforcement agency; or where there exists a mutual aid agreement between the judicial districts or multi-judicial district task forces approved by each district attorney general. (c) Notwithstanding any other law to the contrary concerning members of judicial district task forces relating to the investigation and prosecution of alleged drug violations, if a claim or suit should be filed against an individual and it is proven that: (1) At the time of the alleged incident the individual was a member of such task force who was properly certified to the board of claims pursuant to § 8-42-101(3)(C) ; and (2) The alleged liability arose out of the individual's activities as a task force member; then it shall be conclusively deemed that the individual was not an employee, agent or servant of a local government but was a volunteer to the state. (d) To the extent any conflict exists concerning liability or jurisdiction of the members of any judicial district task force relating to the investigation and prosecution of, but not limited to, drug and violent crime cases between this section and any mutual aid or interlocal agreement entered into by a task force, this section takes precedence over any such agreement. Acts 1988, ch. 913, § 2; 1989, ch. 63, §§ 2, 3, 5; 1998, ch. 841, §§ 1 - 5; 2004, ch. 908, § 1; 2005, ch. 258, §§ 1, 2.
(a) Any law enforcement officer or assistant district attorney general or district attorney general criminal investigator assigned to or hired by a judicial district or multi-judicial district task force relating to the investigation and prosecution of drug and violent crime cases shall have the same rights, powers, duties and immunities in every jurisdiction within the judicial district as such officer has within the officer's own jurisdiction. Such assignment shall be made in writing by the chief law enforcement official of the assigning jurisdiction, including, but not limited to, sheriff offices, police departments, task forces, state law enforcement agencies and district attorneys general offices, and shall not become effective until approved by the board of directors or governing or advisory board of the task force and/or the district attorneys general of the judicial district. Any law enforcement officer employed by or assigned to a judicial district drug task force pursuant to this section must meet the minimum certification requirements of the peace officers standards and training commission; provided, however, that such officer employed by a judicial district drug task force shall not be entitled to receive a police pay supplement for that certification. The director of a judicial district drug task force shall have the authority to commission personnel assigned to or hired by the task force with the approval of the district attorney general.
(b) Any law enforcement officer or assistant district attorney general or district attorney general criminal investigator assigned to or hired by a judicial district or multi-judicial district task force relating to the investigation and prosecution of drug and violent crime cases shall have the same rights, powers, duties, and immunities statewide as such officer has within the officer's own judicial district or multi-judicial district; provided, that investigations conducted outside the officer's jurisdiction originated within the officer's own jurisdiction and is immediately necessary to an ongoing investigation; or by working in cooperation with another judicial district or multi-judicial district task force or law enforcement agency; or where there exists a mutual aid agreement between the judicial districts or multi-judicial district task forces approved by each district attorney general.
(c) Notwithstanding any other law to the contrary concerning members of judicial district task forces relating to the investigation and prosecution of alleged drug violations, if a claim or suit should be filed against an individual and it is proven that: (1) At the time of the alleged incident the individual was a member of such task force who was properly certified to the board of claims pursuant to § 8-42-101(3)(C) ; and (2) The alleged liability arose out of the individual's activities as a task force member; then it shall be conclusively deemed that the individual was not an employee, agent or servant of a local government but was a volunteer to the state.
(1) At the time of the alleged incident the individual was a member of such task force who was properly certified to the board of claims pursuant to § 8-42-101(3)(C) ; and
(2) The alleged liability arose out of the individual's activities as a task force member; then it shall be conclusively deemed that the individual was not an employee, agent or servant of a local government but was a volunteer to the state.
then it shall be conclusively deemed that the individual was not an employee, agent or servant of a local government but was a volunteer to the state.
(d) To the extent any conflict exists concerning liability or jurisdiction of the members of any judicial district task force relating to the investigation and prosecution of, but not limited to, drug and violent crime cases between this section and any mutual aid or interlocal agreement entered into by a task force, this section takes precedence over any such agreement.
Acts 1988, ch. 913, § 2; 1989, ch. 63, §§ 2, 3, 5; 1998, ch. 841, §§ 1 - 5; 2004, ch. 908, § 1; 2005, ch. 258, §§ 1, 2.
Tenn. Code Ann. § 8-6-108 — TN Code / Title 8 / Chapter 6 / Section 8-6-108
Criminal defense in lower courts
Status: in_force

It is a Class C misdemeanor for the attorney general and reporter or any assistant to take or receive a fee for defending any supposed offender in the inferior courts. Code 1858, § 3951 (deriv. Acts 1835-1836, ch. 51, § 2); Shan., § 5755; mod. Code 1932, § 9955; T.C.A. (orig. ed.), § 8-608; Acts 1989, ch. 591, § 113.
It is a Class C misdemeanor for the attorney general and reporter or any assistant to take or receive a fee for defending any supposed offender in the inferior courts.
Code 1858, § 3951 (deriv. Acts 1835-1836, ch. 51, § 2); Shan., § 5755; mod. Code 1932, § 9955; T.C.A. (orig. ed.), § 8-608; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 8-8-403 — TN Code / Title 8 / Chapter 8 / Section 8-8-403
"Classified service" defined
Status: in_force

As used in this part, "classified service" includes all positions and employees in the sheriff's department, except for the sheriff, the sheriff's personal secretary, and the cook for the jail facility, and, in those counties deciding to do so, the chief deputy sheriff. Acts 1974, ch. 751, § 3; T.C.A., § 8-842.
As used in this part, "classified service" includes all positions and employees in the sheriff's department, except for the sheriff, the sheriff's personal secretary, and the cook for the jail facility, and, in those counties deciding to do so, the chief deputy sheriff.
Acts 1974, ch. 751, § 3; T.C.A., § 8-842.
Tenn. Code Ann. § 8-35-254 — TN Code / Title 8 / Chapter 35 / Section 8-35-254
Continuation of prior retirement system - Employee contributions for new employees
Status: in_force

(a) A political subdivision participating in the retirement system prior to July 1, 2012, may continue to do so under the terms and conditions in effect on July 1, 2012, without taking any additional action. (b) Notwithstanding any other law to the contrary and only as it applies to new employees hired on or after July 1, 2012, the political subdivision may require employee contributions of zero percent (0%) of the employees' earnable compensation, or may require employee contributions of two and five-tenths percent (2.5%) of the employees' earnable compensation, or employee contributions of five percent (5%) of the employees' earnable compensation. Any employee contributions assumed or paid by a political subdivision on behalf of its employees shall not be credited to the individual account balances of the employees. In order to effectuate a change in the employee contributions, the political subdivision must pass a resolution legally adopted by a majority of the membership of the chief governing body of the subdivision. Any such resolution shall set forth the effective date of the change in employee contributions; provided, that the date shall be on the first day of any quarter following a minimum of three (3) months' notice to the retirement system. Acts 2012, ch. 939, § 1.
(a) A political subdivision participating in the retirement system prior to July 1, 2012, may continue to do so under the terms and conditions in effect on July 1, 2012, without taking any additional action.
(b) Notwithstanding any other law to the contrary and only as it applies to new employees hired on or after July 1, 2012, the political subdivision may require employee contributions of zero percent (0%) of the employees' earnable compensation, or may require employee contributions of two and five-tenths percent (2.5%) of the employees' earnable compensation, or employee contributions of five percent (5%) of the employees' earnable compensation. Any employee contributions assumed or paid by a political subdivision on behalf of its employees shall not be credited to the individual account balances of the employees. In order to effectuate a change in the employee contributions, the political subdivision must pass a resolution legally adopted by a majority of the membership of the chief governing body of the subdivision. Any such resolution shall set forth the effective date of the change in employee contributions; provided, that the date shall be on the first day of any quarter following a minimum of three (3) months' notice to the retirement system.
Acts 2012, ch. 939, § 1.
Tenn. Code Ann. § 8-15-103 — TN Code / Title 8 / Chapter 15 / Section 8-15-103
Report
Status: in_force

The report of such auditor or accountant shall be furnished to the comptroller of the treasury and members of the county legislative body, and all citizens of the county shall have access to the report. Acts 1917, ch. 67, § 3; Shan. Supp., § 582a3; Code 1932, § 835; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §8-1503; Acts 1995, ch. 179, § 15.
The report of such auditor or accountant shall be furnished to the comptroller of the treasury and members of the county legislative body, and all citizens of the county shall have access to the report.
Acts 1917, ch. 67, § 3; Shan. Supp., § 582a3; Code 1932, § 835; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §8-1503; Acts 1995, ch. 179, § 15.
Tenn. Code Ann. § 8-30-321 — TN Code / Title 8 / Chapter 30 / Section 8-30-321
Requirement of baccalaureate degree
Status: in_force

(a) A state agency shall not require as a condition of eligibility for hire to a position in state employment that an applicant have a baccalaureate degree. (b) Subsection (a) does not apply if the knowledge, skills, or abilities required for the position for which an applicant is applying can only reasonably be obtained, as determined by the appointing authority, through a course of study in pursuit of, and culminating in the award of, a baccalaureate degree. Added by 2022 Tenn. Acts, ch. 823,s 1, eff. 7/1/2022.
(a) A state agency shall not require as a condition of eligibility for hire to a position in state employment that an applicant have a baccalaureate degree.
(b) Subsection (a) does not apply if the knowledge, skills, or abilities required for the position for which an applicant is applying can only reasonably be obtained, as determined by the appointing authority, through a course of study in pursuit of, and culminating in the award of, a baccalaureate degree.
Added by 2022 Tenn. Acts, ch. 823,s 1, eff. 7/1/2022.
Tenn. Code Ann. § 8-36-923 — TN Code / Title 8 / Chapter 36 / Section 8-36-923
Election to participate in the optional retirement program by persons exempt from the Fair Labor Standards Act
Status: in_force

(a) Notwithstanding any other law to the contrary and except as otherwise provided in § 8-36-903(c) , any person who enters service with a state-supported institution of higher education on or after July 1, 2014, and who is exempt from the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.), may elect membership in the optional retirement program established in chapter 25, part 2 of this title in lieu of the hybrid plan. The election shall be made in the manner prescribed by the state treasurer and shall be filed with the state treasurer and with the institution of higher education where the employee is employed. The election shall be made within the time frame described in § 8-25-204 . In all cases of doubt, the state treasurer shall determine whether the person is eligible to participate in the optional retirement program. (b) Any employee participating in the optional retirement program as provided in this part who attains either five (5) or more but less than six (6) years of creditable service in the optional retirement program, or five (5) or more but less than six (6) years of creditable service in the retirement system and the optional retirement program combined, shall have the option of transferring membership from the optional retirement program to the hybrid plan under the terms and conditions prescribed in § 8-25-204 . The amount paid by the employee pursuant to § 8-25-204 shall be credited to the individual account of the employee in an amount equal to the employee contributions, if any, that were in the employee's optional retirement accounts immediately before the transfer, plus any difference between the amount paid and the employee's account balance in the optional retirement program immediately before the transfer. All other sums shall be credited to the employer reserve trust account established in § 8-36-920 . (c) Any person who elects to participate in the optional retirement program as provided in subsection (a) shall participate in the program under chapter 25, part 2 of this title except as otherwise provided in subsection (d). (d) The employer and employee contribution provisions of § 8-25-205 shall not apply. Instead, the employer shall make employer contributions on behalf of each such eligible employee at the rate of nine percent (9%) of the employee's earnable compensation, or such alternate amount as may be prescribed in the general appropriations act each year. In addition, each such eligible employee shall contribute five percent (5%) of the employee's earnable compensation to the optional retirement program. The contributions made by such employees shall be treated as employer contributions pursuant to § 8-36-904(b) . (e) The general assembly shall have the right to freeze, suspend, or modify benefits, employee and employer contributions, plan terms, and design of the optional retirement program on a prospective basis through amendments to or repeals of chapter 25 of this title. Nothing under state law may confer to participants in the optional retirement program an implied right to future retirement benefit arrangements and such participants may not assert the indefinite continuation of the retirement formulas, contribution rates and eligibility ages in effect at the time of employment; provided, however, that the actuarial value of accrued benefits earned by participants prior to the effective date of any such amendment or repeal shall remain an enforceable right and may not be reduced or otherwise forfeited except by the consent of the employee. Amended by 2016 Tenn. Acts, ch. 962, s 38, eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 421, s 10, eff. 5/8/2015. Amended by 2015 Tenn. Acts, ch. 118, Secs.s 10, s 11, s 12, s 13, s 14 eff. 4/10/2015. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) Notwithstanding any other law to the contrary and except as otherwise provided in § 8-36-903(c) , any person who enters service with a state-supported institution of higher education on or after July 1, 2014, and who is exempt from the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.), may elect membership in the optional retirement program established in chapter 25, part 2 of this title in lieu of the hybrid plan. The election shall be made in the manner prescribed by the state treasurer and shall be filed with the state treasurer and with the institution of higher education where the employee is employed. The election shall be made within the time frame described in § 8-25-204 . In all cases of doubt, the state treasurer shall determine whether the person is eligible to participate in the optional retirement program.
(b) Any employee participating in the optional retirement program as provided in this part who attains either five (5) or more but less than six (6) years of creditable service in the optional retirement program, or five (5) or more but less than six (6) years of creditable service in the retirement system and the optional retirement program combined, shall have the option of transferring membership from the optional retirement program to the hybrid plan under the terms and conditions prescribed in § 8-25-204 . The amount paid by the employee pursuant to § 8-25-204 shall be credited to the individual account of the employee in an amount equal to the employee contributions, if any, that were in the employee's optional retirement accounts immediately before the transfer, plus any difference between the amount paid and the employee's account balance in the optional retirement program immediately before the transfer. All other sums shall be credited to the employer reserve trust account established in § 8-36-920 .
(c) Any person who elects to participate in the optional retirement program as provided in subsection (a) shall participate in the program under chapter 25, part 2 of this title except as otherwise provided in subsection (d).
(d) The employer and employee contribution provisions of § 8-25-205 shall not apply. Instead, the employer shall make employer contributions on behalf of each such eligible employee at the rate of nine percent (9%) of the employee's earnable compensation, or such alternate amount as may be prescribed in the general appropriations act each year. In addition, each such eligible employee shall contribute five percent (5%) of the employee's earnable compensation to the optional retirement program. The contributions made by such employees shall be treated as employer contributions pursuant to § 8-36-904(b) .
(e) The general assembly shall have the right to freeze, suspend, or modify benefits, employee and employer contributions, plan terms, and design of the optional retirement program on a prospective basis through amendments to or repeals of chapter 25 of this title. Nothing under state law may confer to participants in the optional retirement program an implied right to future retirement benefit arrangements and such participants may not assert the indefinite continuation of the retirement formulas, contribution rates and eligibility ages in effect at the time of employment; provided, however, that the actuarial value of accrued benefits earned by participants prior to the effective date of any such amendment or repeal shall remain an enforceable right and may not be reduced or otherwise forfeited except by the consent of the employee.
Amended by 2016 Tenn. Acts, ch. 962, s 38, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 421, s 10, eff. 5/8/2015.
Amended by 2015 Tenn. Acts, ch. 118, Secs.s 10, s 11, s 12, s 13, s 14 eff. 4/10/2015.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-18-112 — TN Code / Title 8 / Chapter 18 / Section 8-18-112
Deputies' oaths
Status: in_force

Whenever any officer is authorized or required to appoint a deputy, such deputy, before proceeding to act, shall take the constitutional oaths and oath of office, which shall be accompanied by the same certificate, filed in the same office, and with the same endorsement, as the oaths of such deputy's principal. This section does not apply to deputies who may be employed in particular cases only. Code 1858, § 758; Shan., § 1079; Code 1932, § 1820; T.C.A. (orig. ed.), § 8-1812.
Whenever any officer is authorized or required to appoint a deputy, such deputy, before proceeding to act, shall take the constitutional oaths and oath of office, which shall be accompanied by the same certificate, filed in the same office, and with the same endorsement, as the oaths of such deputy's principal. This section does not apply to deputies who may be employed in particular cases only.
Code 1858, § 758; Shan., § 1079; Code 1932, § 1820; T.C.A. (orig. ed.), § 8-1812.
Tenn. Code Ann. § 8-19-405 — TN Code / Title 8 / Chapter 19 / Section 8-19-405
Failure to give additional bond
Status: in_force

Such officer shall give the additional bond within ten (10) days after the day specified in such requisition, and, failing so to do, the officer vacates the office; and the officer making the requisition shall at once certify the fact to the appointing power, by whom the vacancy shall be filled. Code 1858, § 780; Shan., § 1101; Code 1932, § 1843; T.C.A. (orig. ed.), § 8-1939.
Such officer shall give the additional bond within ten (10) days after the day specified in such requisition, and, failing so to do, the officer vacates the office; and the officer making the requisition shall at once certify the fact to the appointing power, by whom the vacancy shall be filled.
Code 1858, § 780; Shan., § 1101; Code 1932, § 1843; T.C.A. (orig. ed.), § 8-1939.
Tenn. Code Ann. § 8-36-204 — TN Code / Title 8 / Chapter 36 / Section 8-36-204
Creditable service required
Status: in_force

(a) Notwithstanding this part and part 3 of this chapter, or any other law to the contrary, any member in Group 1, 2, or 3 prior to July 1, 1979, shall not be eligible for a service or early service retirement allowance unless such member has a minimum of four (4) years of creditable service. (b) (1) In addition to all requirements for service or early service retirement, any employee, except a Group 4 employee, becoming a member of the retirement system on or after July 1, 1979, must have a total of ten (10) years of creditable service to qualify for retirement benefits. A Group 4 member must have eight (8) years of creditable service to qualify for retirement benefits. (2) Notwithstanding this section or any other provision to the contrary, any individual who is a Group 1 member of the retirement system on or after January 1, 1992, must have, in addition to all other requirements for service or early service retirement, a total of five (5) years of creditable service to qualify for retirement benefits; provided, that eligible 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 must have a total of ten (10) years of creditable service to qualify for retirement benefits, unless the chief governing body of such employer passes and files with the board of trustees a resolution reducing the required years of service from ten (10) to five (5) years and accepting the liability therefor. Subsequent to an employer's election to decrease the required years of service from ten (10) to five (5) years, the employer, through a resolution passed by the employer's chief governing body, may then increase the required years of service from five (5) to ten (10) for employees hired on or after the increase in the years of service, without any limit to the number of increases or decreases that an employer may make by resolution from its chief governing body; provided, that any increases in the number of required years of service shall be applied prospectively for employees hired on or after the increase in the years of service. If a member has less than ten (10) years of service credit, part of which was rendered for an employer not electing to be covered by this section, eligibility for a retirement benefit on that portion of service shall be determined independently for each employer. Such member is eligible for a refund of contributions and interest credited to such member's account associated with any period of service for which a benefit is not payable. (c) This provision shall not apply to members of the general assembly. (d) Any general state employee who was employed with the state prior to January 1, 1979, and who terminated state employment between January 1, 1979 and December 31, 1979, shall be eligible for a service or early service allowance with a minimum of four (4) years of creditable service if all of the following requirements are met: (1) The employee must have returned to state service prior to July 1, 1989; (2) The employee must have been fifty (50) years of age or older at the time the employee terminated state employment in 1979; and (3) In accordance with § 8-37-214 , the employee must reestablish the employee's withdrawn service in the retirement system. Amended by 2013 Tenn. Acts, ch. 296, s 20, eff. 4/29/2013. Acts 1976, ch. 816, § 5; 1979, ch. 288, § 3; T.C.A., § 8-3905; Acts 1986, ch. 554, § 13; 1988, ch. 484, § 1; 1992, ch. 934, § 1; 2005, ch. 498, § 8.
(a) Notwithstanding this part and part 3 of this chapter, or any other law to the contrary, any member in Group 1, 2, or 3 prior to July 1, 1979, shall not be eligible for a service or early service retirement allowance unless such member has a minimum of four (4) years of creditable service.
(b) (1) In addition to all requirements for service or early service retirement, any employee, except a Group 4 employee, becoming a member of the retirement system on or after July 1, 1979, must have a total of ten (10) years of creditable service to qualify for retirement benefits. A Group 4 member must have eight (8) years of creditable service to qualify for retirement benefits. (2) Notwithstanding this section or any other provision to the contrary, any individual who is a Group 1 member of the retirement system on or after January 1, 1992, must have, in addition to all other requirements for service or early service retirement, a total of five (5) years of creditable service to qualify for retirement benefits; provided, that eligible 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 must have a total of ten (10) years of creditable service to qualify for retirement benefits, unless the chief governing body of such employer passes and files with the board of trustees a resolution reducing the required years of service from ten (10) to five (5) years and accepting the liability therefor. Subsequent to an employer's election to decrease the required years of service from ten (10) to five (5) years, the employer, through a resolution passed by the employer's chief governing body, may then increase the required years of service from five (5) to ten (10) for employees hired on or after the increase in the years of service, without any limit to the number of increases or decreases that an employer may make by resolution from its chief governing body; provided, that any increases in the number of required years of service shall be applied prospectively for employees hired on or after the increase in the years of service. If a member has less than ten (10) years of service credit, part of which was rendered for an employer not electing to be covered by this section, eligibility for a retirement benefit on that portion of service shall be determined independently for each employer. Such member is eligible for a refund of contributions and interest credited to such member's account associated with any period of service for which a benefit is not payable.
(1) In addition to all requirements for service or early service retirement, any employee, except a Group 4 employee, becoming a member of the retirement system on or after July 1, 1979, must have a total of ten (10) years of creditable service to qualify for retirement benefits. A Group 4 member must have eight (8) years of creditable service to qualify for retirement benefits.
(2) Notwithstanding this section or any other provision to the contrary, any individual who is a Group 1 member of the retirement system on or after January 1, 1992, must have, in addition to all other requirements for service or early service retirement, a total of five (5) years of creditable service to qualify for retirement benefits; provided, that eligible 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 must have a total of ten (10) years of creditable service to qualify for retirement benefits, unless the chief governing body of such employer passes and files with the board of trustees a resolution reducing the required years of service from ten (10) to five (5) years and accepting the liability therefor. Subsequent to an employer's election to decrease the required years of service from ten (10) to five (5) years, the employer, through a resolution passed by the employer's chief governing body, may then increase the required years of service from five (5) to ten (10) for employees hired on or after the increase in the years of service, without any limit to the number of increases or decreases that an employer may make by resolution from its chief governing body; provided, that any increases in the number of required years of service shall be applied prospectively for employees hired on or after the increase in the years of service. If a member has less than ten (10) years of service credit, part of which was rendered for an employer not electing to be covered by this section, eligibility for a retirement benefit on that portion of service shall be determined independently for each employer. Such member is eligible for a refund of contributions and interest credited to such member's account associated with any period of service for which a benefit is not payable.
(c) This provision shall not apply to members of the general assembly.
(d) Any general state employee who was employed with the state prior to January 1, 1979, and who terminated state employment between January 1, 1979 and December 31, 1979, shall be eligible for a service or early service allowance with a minimum of four (4) years of creditable service if all of the following requirements are met: (1) The employee must have returned to state service prior to July 1, 1989; (2) The employee must have been fifty (50) years of age or older at the time the employee terminated state employment in 1979; and (3) In accordance with § 8-37-214 , the employee must reestablish the employee's withdrawn service in the retirement system.
(1) The employee must have returned to state service prior to July 1, 1989;
(2) The employee must have been fifty (50) years of age or older at the time the employee terminated state employment in 1979; and
(3) In accordance with § 8-37-214 , the employee must reestablish the employee's withdrawn service in the retirement system.
Amended by 2013 Tenn. Acts, ch. 296, s 20, eff. 4/29/2013.
Acts 1976, ch. 816, § 5; 1979, ch. 288, § 3; T.C.A., § 8-3905; Acts 1986, ch. 554, § 13; 1988, ch. 484, § 1; 1992, ch. 934, § 1; 2005, ch. 498, § 8.
Tenn. Code Ann. § 8-27-101 — TN Code / Title 8 / Chapter 27 / Section 8-27-101
"Committees" defined - Administrative duties of division of benefits administration - Promulgation of rules
Status: in_force

(a) As used in this part, "committees" means the state insurance committee created in § 8-27-201 , the local education insurance committee created in § 8-27-301 , and the local government insurance committee created in § 8-27-701 . (b) The division of benefits administration of the department of finance and administration shall serve as staff to the committees. (c) The committees may delegate administrative duties to the division of benefits administration, subject to the requirements of this chapter and the plan documents approved by the committees. These duties include, but are not limited to, the procurement functions described in § 8-27-103 ; provided, that all contracts are approved by the committees. (d) The committees, acting collectively or individually, may promulgate rules and regulations under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, concerning the operations of the plans under their jurisdiction. Amended by 2015 Tenn. Acts, ch. 480, s 1, eff. 5/18/2015. Amended by 2015 Tenn. Acts, ch. 426, s 1, eff. 5/18/2015. Acts 1976, ch. 804, § 1; 1978, ch. 857, § 1; T.C.A., § 8-4501; Acts 1982, ch. 810, § 4; 1983, ch. 419, § 1; 1984, ch. 565, §§ 1, 2; 1985, ch. 455, § 7; 1989, ch. 343, § 1; 1990, ch. 776, § 1; 1997 , ch. 513, § 6; 2007 , ch. 60.
(a) As used in this part, "committees" means the state insurance committee created in § 8-27-201 , the local education insurance committee created in § 8-27-301 , and the local government insurance committee created in § 8-27-701 .
(b) The division of benefits administration of the department of finance and administration shall serve as staff to the committees.
(c) The committees may delegate administrative duties to the division of benefits administration, subject to the requirements of this chapter and the plan documents approved by the committees. These duties include, but are not limited to, the procurement functions described in § 8-27-103 ; provided, that all contracts are approved by the committees.
(d) The committees, acting collectively or individually, may promulgate rules and regulations under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, concerning the operations of the plans under their jurisdiction.
Amended by 2015 Tenn. Acts, ch. 480, s 1, eff. 5/18/2015.
Amended by 2015 Tenn. Acts, ch. 426, s 1, eff. 5/18/2015.
Acts 1976, ch. 804, § 1; 1978, ch. 857, § 1; T.C.A., § 8-4501; Acts 1982, ch. 810, § 4; 1983, ch. 419, § 1; 1984, ch. 565, §§ 1, 2; 1985, ch. 455, § 7; 1989, ch. 343, § 1; 1990, ch. 776, § 1; 1997 , ch. 513, § 6; 2007 , ch. 60.
Tenn. Code Ann. § 8-20-101 — TN Code / Title 8 / Chapter 20 / Section 8-20-101
Application for authority to employ deputies
Status: in_force

(a) Where any one (1) of the clerks and masters of the chancery courts, the county clerks and the clerks of the probate, criminal, circuit and special courts, county trustees, registers of deeds, and sheriffs cannot properly and efficiently conduct the affairs and transact the business of such person's office by devoting such person's entire working time thereto, such person may employ such deputies and assistants as may be actually necessary to the proper conducting of such person's office in the following manner and under the following conditions, namely: (1) The clerks of the circuit, criminal, and special courts may make application to the judge, or any one (1) of the judges, of their respective courts, in term time or at chambers, by petition duly sworn to, setting forth the facts showing the necessity for a deputy or deputies or assistants, the number required and setting forth the salary that should be paid each; (2) The sheriff may in like manner make application to the judge of the circuit court in the sheriff's county, for deputies and assistants, showing the necessity therefor, the number required and the salary that should be paid each; provided, that in the counties where criminal courts are established, the sheriff may apply to a judge of such criminal court; and (3) The clerks and masters of the chancery courts, county trustees, county clerks and clerks of the probate courts, and registers of deeds may make application to the chancellor, or to one (1) of the chancellors, if there be more than one (1), holding court in their county by sworn petition as above set forth, showing the necessity for a deputy or deputies or assistants, the number required and the salary each should be paid. (b) In the event a petition is filed by a court clerk, the court shall, upon request of any party, transfer the case to a court other than a court the clerk serves. No order increasing expenditures shall be effective during any fiscal year unless the petition is filed within thirty (30) days after the date of final adoption of the budget for the fiscal year, except this shall not apply to any order entered into by agreement of the parties. A new officeholder shall have thirty (30) days from taking office to file a petition and any order entered with respect to such petition may be effective during the fiscal year. (c) (1) In the event the county official agrees with the number of deputies and assistants and the compensation and expenses related thereto, as set forth in the budget adopted by the county legislative body, the county mayor and the county official involved may prepare a letter of agreement, using a form prepared by the comptroller of the treasury setting forth the fact that they have reached an understanding in this regard. (2) (A) This letter of agreement shall be filed in court; however, no court costs, litigation taxes or attorneys fees shall be assessed. (B) The clerks of the circuit, criminal and special courts shall file their letters of agreement or other petitions with the judge or any one (1) of the judges in their respective courts; (C) The sheriffs shall file their letters of agreement or other petitions with the circuit court; provided, that in counties where criminal courts are established, the sheriff shall file with the criminal court; and (D) The clerk and masters, county trustees, county clerks and clerks of the probate courts and registers of deeds shall file their letters of agreement or other petitions with the chancellor or one (1) of the chancellors if there is more than one (1). (3) Any county official authorized to file a salary petition pursuant to this section may use this letter of agreement without regard to whether the county official's office operates under the fee system. (d) Unless otherwise prohibited by law or rule of the supreme court, any petition or application for the authority to appoint or employ one (1) or more additional deputies or assistants filed pursuant to this chapter shall be heard and determined by a judge or chancellor serving the judicial district in which the petition or application is filed. (e) If a judge or chancellor serving the judicial district in which a petition is filed under this chapter recuses himself or herself from presiding over an action under this chapter, the judge or chancellor shall immediately follow the procedures and policies established by the Tennessee administrative office of the courts or Rules of the Supreme Court of the State of Tennessee governing the recusal of a judge or chancellor. Amended by 2022 Tenn. Acts, ch. 1079, s 1, eff. 7/1/2022. Acts 1921, ch. 101, § 7; Shan. Supp., § 6428a44; mod. Code 1932, § 10731; modified; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2001; Acts 1993, ch. 348, §§ 1, 2; 1995, ch. 29, §1; 2003 , ch. 90, § 2; 2005, ch. 276, § 1.
(a) Where any one (1) of the clerks and masters of the chancery courts, the county clerks and the clerks of the probate, criminal, circuit and special courts, county trustees, registers of deeds, and sheriffs cannot properly and efficiently conduct the affairs and transact the business of such person's office by devoting such person's entire working time thereto, such person may employ such deputies and assistants as may be actually necessary to the proper conducting of such person's office in the following manner and under the following conditions, namely: (1) The clerks of the circuit, criminal, and special courts may make application to the judge, or any one (1) of the judges, of their respective courts, in term time or at chambers, by petition duly sworn to, setting forth the facts showing the necessity for a deputy or deputies or assistants, the number required and setting forth the salary that should be paid each; (2) The sheriff may in like manner make application to the judge of the circuit court in the sheriff's county, for deputies and assistants, showing the necessity therefor, the number required and the salary that should be paid each; provided, that in the counties where criminal courts are established, the sheriff may apply to a judge of such criminal court; and (3) The clerks and masters of the chancery courts, county trustees, county clerks and clerks of the probate courts, and registers of deeds may make application to the chancellor, or to one (1) of the chancellors, if there be more than one (1), holding court in their county by sworn petition as above set forth, showing the necessity for a deputy or deputies or assistants, the number required and the salary each should be paid.
(1) The clerks of the circuit, criminal, and special courts may make application to the judge, or any one (1) of the judges, of their respective courts, in term time or at chambers, by petition duly sworn to, setting forth the facts showing the necessity for a deputy or deputies or assistants, the number required and setting forth the salary that should be paid each;
(2) The sheriff may in like manner make application to the judge of the circuit court in the sheriff's county, for deputies and assistants, showing the necessity therefor, the number required and the salary that should be paid each; provided, that in the counties where criminal courts are established, the sheriff may apply to a judge of such criminal court; and
(3) The clerks and masters of the chancery courts, county trustees, county clerks and clerks of the probate courts, and registers of deeds may make application to the chancellor, or to one (1) of the chancellors, if there be more than one (1), holding court in their county by sworn petition as above set forth, showing the necessity for a deputy or deputies or assistants, the number required and the salary each should be paid.
(b) In the event a petition is filed by a court clerk, the court shall, upon request of any party, transfer the case to a court other than a court the clerk serves. No order increasing expenditures shall be effective during any fiscal year unless the petition is filed within thirty (30) days after the date of final adoption of the budget for the fiscal year, except this shall not apply to any order entered into by agreement of the parties. A new officeholder shall have thirty (30) days from taking office to file a petition and any order entered with respect to such petition may be effective during the fiscal year.
(c) (1) In the event the county official agrees with the number of deputies and assistants and the compensation and expenses related thereto, as set forth in the budget adopted by the county legislative body, the county mayor and the county official involved may prepare a letter of agreement, using a form prepared by the comptroller of the treasury setting forth the fact that they have reached an understanding in this regard. (2) (A) This letter of agreement shall be filed in court; however, no court costs, litigation taxes or attorneys fees shall be assessed. (B) The clerks of the circuit, criminal and special courts shall file their letters of agreement or other petitions with the judge or any one (1) of the judges in their respective courts; (C) The sheriffs shall file their letters of agreement or other petitions with the circuit court; provided, that in counties where criminal courts are established, the sheriff shall file with the criminal court; and (D) The clerk and masters, county trustees, county clerks and clerks of the probate courts and registers of deeds shall file their letters of agreement or other petitions with the chancellor or one (1) of the chancellors if there is more than one (1). (3) Any county official authorized to file a salary petition pursuant to this section may use this letter of agreement without regard to whether the county official's office operates under the fee system.
(1) In the event the county official agrees with the number of deputies and assistants and the compensation and expenses related thereto, as set forth in the budget adopted by the county legislative body, the county mayor and the county official involved may prepare a letter of agreement, using a form prepared by the comptroller of the treasury setting forth the fact that they have reached an understanding in this regard.
(2) (A) This letter of agreement shall be filed in court; however, no court costs, litigation taxes or attorneys fees shall be assessed. (B) The clerks of the circuit, criminal and special courts shall file their letters of agreement or other petitions with the judge or any one (1) of the judges in their respective courts; (C) The sheriffs shall file their letters of agreement or other petitions with the circuit court; provided, that in counties where criminal courts are established, the sheriff shall file with the criminal court; and (D) The clerk and masters, county trustees, county clerks and clerks of the probate courts and registers of deeds shall file their letters of agreement or other petitions with the chancellor or one (1) of the chancellors if there is more than one (1).
(A) This letter of agreement shall be filed in court; however, no court costs, litigation taxes or attorneys fees shall be assessed.
(B) The clerks of the circuit, criminal and special courts shall file their letters of agreement or other petitions with the judge or any one (1) of the judges in their respective courts;
(C) The sheriffs shall file their letters of agreement or other petitions with the circuit court; provided, that in counties where criminal courts are established, the sheriff shall file with the criminal court; and
(D) The clerk and masters, county trustees, county clerks and clerks of the probate courts and registers of deeds shall file their letters of agreement or other petitions with the chancellor or one (1) of the chancellors if there is more than one (1).
(3) Any county official authorized to file a salary petition pursuant to this section may use this letter of agreement without regard to whether the county official's office operates under the fee system.
(d) Unless otherwise prohibited by law or rule of the supreme court, any petition or application for the authority to appoint or employ one (1) or more additional deputies or assistants filed pursuant to this chapter shall be heard and determined by a judge or chancellor serving the judicial district in which the petition or application is filed.
(e) If a judge or chancellor serving the judicial district in which a petition is filed under this chapter recuses himself or herself from presiding over an action under this chapter, the judge or chancellor shall immediately follow the procedures and policies established by the Tennessee administrative office of the courts or Rules of the Supreme Court of the State of Tennessee governing the recusal of a judge or chancellor.
Amended by 2022 Tenn. Acts, ch. 1079, s 1, eff. 7/1/2022.
Acts 1921, ch. 101, § 7; Shan. Supp., § 6428a44; mod. Code 1932, § 10731; modified; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2001; Acts 1993, ch. 348, §§ 1, 2; 1995, ch. 29, §1; 2003 , ch. 90, § 2; 2005, ch. 276, § 1.
Tenn. Code Ann. § 8-36-821 — TN Code / Title 8 / Chapter 36 / Section 8-36-821
Employment as a teacher
Status: in_force

(a) Notwithstanding any law to the contrary, any person retired for at least one (1) year from the Tennessee consolidated retirement system, from any superseded system administered by the state, or from any local retirement fund pursuant to chapter 35, part 3 of this title may accept employment as a kindergarten through twelfth (K-12) grade teacher without loss or suspension of retirement benefits under the following conditions: (1) The retired member holds any teacher's professional license or certificate as may be required in title 49, chapter 5; (2) [Deleted by 2023 amendment.] (3) [Deleted by 2023 amendment.] (4) The retired member shall not be entitled to tenure status as provided in title 49, chapter 5, part 5; (5) Such retired member shall not be eligible to accrue additional retirement benefits, accrue leave or receive medical insurance coverage as a result of such employment; and (6) The retired member shall not receive automatic credit for years of experience in determining compensation; provided, that the salary paid to such retired member for performing the teaching services shall not be less than the rate of compensation set by the school system for teachers with no experience filling similar positions, nor shall such salary exceed eighty-five percent (85%) of the rate of compensation set by the school system for teachers with comparable training and years of experience filling similar positions. Once such compensation is set, the retired member shall not be entitled to supplements paid under the [former] career ladder program [repealed]. (7) [Deleted by 2023 amendment.] (b) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 387, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 425, s 2, eff. 5/11/2023. Acts 2000, ch. 903, § 1; 2004, ch. 631, § 13; 2009 , ch. 254, § 1; 2010 , ch. 777, § 35.
(a) Notwithstanding any law to the contrary, any person retired for at least one (1) year from the Tennessee consolidated retirement system, from any superseded system administered by the state, or from any local retirement fund pursuant to chapter 35, part 3 of this title may accept employment as a kindergarten through twelfth (K-12) grade teacher without loss or suspension of retirement benefits under the following conditions: (1) The retired member holds any teacher's professional license or certificate as may be required in title 49, chapter 5; (2) [Deleted by 2023 amendment.] (3) [Deleted by 2023 amendment.] (4) The retired member shall not be entitled to tenure status as provided in title 49, chapter 5, part 5; (5) Such retired member shall not be eligible to accrue additional retirement benefits, accrue leave or receive medical insurance coverage as a result of such employment; and (6) The retired member shall not receive automatic credit for years of experience in determining compensation; provided, that the salary paid to such retired member for performing the teaching services shall not be less than the rate of compensation set by the school system for teachers with no experience filling similar positions, nor shall such salary exceed eighty-five percent (85%) of the rate of compensation set by the school system for teachers with comparable training and years of experience filling similar positions. Once such compensation is set, the retired member shall not be entitled to supplements paid under the [former] career ladder program [repealed]. (7) [Deleted by 2023 amendment.]
(1) The retired member holds any teacher's professional license or certificate as may be required in title 49, chapter 5;
(2) [Deleted by 2023 amendment.]
(3) [Deleted by 2023 amendment.]
(4) The retired member shall not be entitled to tenure status as provided in title 49, chapter 5, part 5;
(5) Such retired member shall not be eligible to accrue additional retirement benefits, accrue leave or receive medical insurance coverage as a result of such employment; and
(6) The retired member shall not receive automatic credit for years of experience in determining compensation; provided, that the salary paid to such retired member for performing the teaching services shall not be less than the rate of compensation set by the school system for teachers with no experience filling similar positions, nor shall such salary exceed eighty-five percent (85%) of the rate of compensation set by the school system for teachers with comparable training and years of experience filling similar positions. Once such compensation is set, the retired member shall not be entitled to supplements paid under the [former] career ladder program [repealed].
(7) [Deleted by 2023 amendment.]
(b) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 387, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 425, s 2, eff. 5/11/2023.
Acts 2000, ch. 903, § 1; 2004, ch. 631, § 13; 2009 , ch. 254, § 1; 2010 , ch. 777, § 35.
Tenn. Code Ann. § 8-30-401 — TN Code / Title 8 / Chapter 30 / Section 8-30-401
Services to municipalities and other political subdivisions
Status: in_force

The commissioner may enter into agreements with any municipality or political subdivision of the state to furnish services and facilities of the department to such municipality or political subdivision in the administration of its personnel. Any such agreement shall provide for the reimbursement to the state of the reasonable cost of the services and facilities furnished, as determined by the commissioner. All municipalities and political subdivisions of the state are authorized to enter into such agreements. Acts 2012, ch. 800, § 42.
The commissioner may enter into agreements with any municipality or political subdivision of the state to furnish services and facilities of the department to such municipality or political subdivision in the administration of its personnel. Any such agreement shall provide for the reimbursement to the state of the reasonable cost of the services and facilities furnished, as determined by the commissioner. All municipalities and political subdivisions of the state are authorized to enter into such agreements.
Acts 2012, ch. 800, § 42.
Tenn. Code Ann. § 8-10-102 — TN Code / Title 8 / Chapter 10 / Section 8-10-102
Qualifications for office
Status: in_force

(a) (1) To qualify for election or appointment to the office of constable, a person shall: (A) Be at least twenty-one (21) years of age; (B) Be a qualified voter of the district and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for constable; (C) (i) Any person holding the office of constable on or before June 30, 2011, shall be able to read and write; (ii) Any person elected or appointed to the office of constable on or after July 1, 2011, shall possess at least a high school diploma or high school equivalency credential approved by the state board of education; provided, however, that this subdivision (a)(1)(C)(ii) shall not apply to any person holding the office of constable on June 30, 2011, and who is re-elected to the office of constable on or after July 1, 2011, without any interruption in holding such office; (D) Not have been convicted in any federal or state court of a felony; and (E) (i) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge. (ii) This subdivision (a)(1)(E) does not apply to any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand five hundred (18,500), according to the 1990 federal census or any subsequent federal census, if a person has served in the office of constable for ten (10) or more years. (2) [Deleted by 2024 amendment.] (b) (1) (A) A person seeking the office of constable shall file with the county election commission, along with the nominating petition: (i) An affidavit signed by the candidate affirming that the candidate meets the requirements of this section. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same affidavit must be filed with the county clerk prior to the election; and (ii) A letter from a psychologist licensed in this state who has conducted a cognitive and psychological test on the candidate stating that the candidate is mentally and cognitively fit to perform the duties of a constable. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same letter must be filed with the county clerk prior to the election. (B) A constable in office on and elected prior to July 1, 2023, or a constable who complied with subdivision (b)(1)(A)(ii) and is seeking reelection on or after July 1, 2023, is not required to resubmit the letter or obtain a new letter pursuant to subdivision (b)(1)(A)(ii). (C) Candidates for the office of constable to which subdivision (b)(1)(A)(ii) applies are responsible for covering the costs of cognitive and psychological testing. (2) [Deleted by 2024 amendment.] (c) [Deleted by 2024 amendment.] Amended by 2024 Tenn. Acts, ch. 637,s 3, eff. 4/3/2024. Amended by 2024 Tenn. Acts, ch. 637,s 2, eff. 4/3/2024. Amended by 2024 Tenn. Acts, ch. 637,s 1, eff. 4/3/2024. Amended by 2023 Tenn. Acts, ch. 114, s 4, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 65, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 809, s 2, eff. 9/1/2022. Code 1858, § 396; Shan., § 487; Code 1932, § 733; impl. am. Acts 1971, ch. 162, § 3; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 8-1002; Acts 1996, ch. 686, §§ 1, 4; 1997 , ch. 554, § 1; 2011 , ch. 481, § 1.
(a) (1) To qualify for election or appointment to the office of constable, a person shall: (A) Be at least twenty-one (21) years of age; (B) Be a qualified voter of the district and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for constable; (C) (i) Any person holding the office of constable on or before June 30, 2011, shall be able to read and write; (ii) Any person elected or appointed to the office of constable on or after July 1, 2011, shall possess at least a high school diploma or high school equivalency credential approved by the state board of education; provided, however, that this subdivision (a)(1)(C)(ii) shall not apply to any person holding the office of constable on June 30, 2011, and who is re-elected to the office of constable on or after July 1, 2011, without any interruption in holding such office; (D) Not have been convicted in any federal or state court of a felony; and (E) (i) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge. (ii) This subdivision (a)(1)(E) does not apply to any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand five hundred (18,500), according to the 1990 federal census or any subsequent federal census, if a person has served in the office of constable for ten (10) or more years. (2) [Deleted by 2024 amendment.]
(1) To qualify for election or appointment to the office of constable, a person shall: (A) Be at least twenty-one (21) years of age; (B) Be a qualified voter of the district and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for constable; (C) (i) Any person holding the office of constable on or before June 30, 2011, shall be able to read and write; (ii) Any person elected or appointed to the office of constable on or after July 1, 2011, shall possess at least a high school diploma or high school equivalency credential approved by the state board of education; provided, however, that this subdivision (a)(1)(C)(ii) shall not apply to any person holding the office of constable on June 30, 2011, and who is re-elected to the office of constable on or after July 1, 2011, without any interruption in holding such office; (D) Not have been convicted in any federal or state court of a felony; and (E) (i) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge. (ii) This subdivision (a)(1)(E) does not apply to any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand five hundred (18,500), according to the 1990 federal census or any subsequent federal census, if a person has served in the office of constable for ten (10) or more years.
(A) Be at least twenty-one (21) years of age;
(B) Be a qualified voter of the district and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for constable;
(C) (i) Any person holding the office of constable on or before June 30, 2011, shall be able to read and write; (ii) Any person elected or appointed to the office of constable on or after July 1, 2011, shall possess at least a high school diploma or high school equivalency credential approved by the state board of education; provided, however, that this subdivision (a)(1)(C)(ii) shall not apply to any person holding the office of constable on June 30, 2011, and who is re-elected to the office of constable on or after July 1, 2011, without any interruption in holding such office;
(i) Any person holding the office of constable on or before June 30, 2011, shall be able to read and write;
(ii) Any person elected or appointed to the office of constable on or after July 1, 2011, shall possess at least a high school diploma or high school equivalency credential approved by the state board of education; provided, however, that this subdivision (a)(1)(C)(ii) shall not apply to any person holding the office of constable on June 30, 2011, and who is re-elected to the office of constable on or after July 1, 2011, without any interruption in holding such office;
(D) Not have been convicted in any federal or state court of a felony; and
(E) (i) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge. (ii) This subdivision (a)(1)(E) does not apply to any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand five hundred (18,500), according to the 1990 federal census or any subsequent federal census, if a person has served in the office of constable for ten (10) or more years.
(i) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge.
(ii) This subdivision (a)(1)(E) does not apply to any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand five hundred (18,500), according to the 1990 federal census or any subsequent federal census, if a person has served in the office of constable for ten (10) or more years.
(2) [Deleted by 2024 amendment.]
(b) (1) (A) A person seeking the office of constable shall file with the county election commission, along with the nominating petition: (i) An affidavit signed by the candidate affirming that the candidate meets the requirements of this section. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same affidavit must be filed with the county clerk prior to the election; and (ii) A letter from a psychologist licensed in this state who has conducted a cognitive and psychological test on the candidate stating that the candidate is mentally and cognitively fit to perform the duties of a constable. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same letter must be filed with the county clerk prior to the election. (B) A constable in office on and elected prior to July 1, 2023, or a constable who complied with subdivision (b)(1)(A)(ii) and is seeking reelection on or after July 1, 2023, is not required to resubmit the letter or obtain a new letter pursuant to subdivision (b)(1)(A)(ii). (C) Candidates for the office of constable to which subdivision (b)(1)(A)(ii) applies are responsible for covering the costs of cognitive and psychological testing. (2) [Deleted by 2024 amendment.]
(1) (A) A person seeking the office of constable shall file with the county election commission, along with the nominating petition: (i) An affidavit signed by the candidate affirming that the candidate meets the requirements of this section. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same affidavit must be filed with the county clerk prior to the election; and (ii) A letter from a psychologist licensed in this state who has conducted a cognitive and psychological test on the candidate stating that the candidate is mentally and cognitively fit to perform the duties of a constable. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same letter must be filed with the county clerk prior to the election. (B) A constable in office on and elected prior to July 1, 2023, or a constable who complied with subdivision (b)(1)(A)(ii) and is seeking reelection on or after July 1, 2023, is not required to resubmit the letter or obtain a new letter pursuant to subdivision (b)(1)(A)(ii). (C) Candidates for the office of constable to which subdivision (b)(1)(A)(ii) applies are responsible for covering the costs of cognitive and psychological testing.
(A) A person seeking the office of constable shall file with the county election commission, along with the nominating petition: (i) An affidavit signed by the candidate affirming that the candidate meets the requirements of this section. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same affidavit must be filed with the county clerk prior to the election; and (ii) A letter from a psychologist licensed in this state who has conducted a cognitive and psychological test on the candidate stating that the candidate is mentally and cognitively fit to perform the duties of a constable. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same letter must be filed with the county clerk prior to the election.
(i) An affidavit signed by the candidate affirming that the candidate meets the requirements of this section. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same affidavit must be filed with the county clerk prior to the election; and
(ii) A letter from a psychologist licensed in this state who has conducted a cognitive and psychological test on the candidate stating that the candidate is mentally and cognitively fit to perform the duties of a constable. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same letter must be filed with the county clerk prior to the election.
(B) A constable in office on and elected prior to July 1, 2023, or a constable who complied with subdivision (b)(1)(A)(ii) and is seeking reelection on or after July 1, 2023, is not required to resubmit the letter or obtain a new letter pursuant to subdivision (b)(1)(A)(ii).
(C) Candidates for the office of constable to which subdivision (b)(1)(A)(ii) applies are responsible for covering the costs of cognitive and psychological testing.
(2) [Deleted by 2024 amendment.]
(c) [Deleted by 2024 amendment.]
Amended by 2024 Tenn. Acts, ch. 637,s 3, eff. 4/3/2024.
Amended by 2024 Tenn. Acts, ch. 637,s 2, eff. 4/3/2024.
Amended by 2024 Tenn. Acts, ch. 637,s 1, eff. 4/3/2024.
Amended by 2023 Tenn. Acts, ch. 114, s 4, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 65, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 809, s 2, eff. 9/1/2022.
Code 1858, § 396; Shan., § 487; Code 1932, § 733; impl. am. Acts 1971, ch. 162, § 3; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 8-1002; Acts 1996, ch. 686, §§ 1, 4; 1997 , ch. 554, § 1; 2011 , ch. 481, § 1.
Tenn. Code Ann. § 8-50-814 — TN Code / Title 8 / Chapter 50 / Section 8-50-814
Family leave for birth or placement of child - Period of leave - Payment during leave
Status: in_force

(a) As used in this section: (1) "Birth" has the same meaning as "live birth" as defined in § 68-3-102 ; (2) "Eligible employee" means a teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state and who has been employed full time with a local education agency or public charter school for at least twelve (12) consecutive months; (3) "Local education agency" or "LEA" has the same definition as used in § 49-3-302 ; (4) "Newly placed minor child" means the adoption of a minor child that results in a change of custody of that child; (5) "Public charter school" has the same meaning as defined in § 49-13-104 ; and (6) "Stillbirth" has the same meaning as defined in § 68-3-102 . (b) Except as otherwise provided in this section, an eligible employee must be granted absence from work with pay for a period of time equal to six (6) work weeks after the birth or stillbirth of the employee's child or the employee's adoption of a newly placed minor child upon the employee giving thirty-days' notice to the employee's LEA or public charter school; provided, however, that if an employee learns of the birth, stillbirth, or adoption of the employee's child less than thirty (30) days in advance of the birth, stillbirth, or adoption, then the employee must give notice of the birth, stillbirth, or adoption to the employee's LEA or public charter school as soon as reasonably possible to be eligible to receive pay granted pursuant to this subsection (b). (c) An eligible employee who is granted leave pursuant to this section shall not be required to use the employee's sick, annual, or other leave for the leave taken pursuant to this section. The leave granted pursuant to this section counts toward the employee's use of leave required to be given by this state as an employer under the federal Family and Medical Leave Act ( 29 U.S.C. § 2601 , et seq.) and § 4-21-408 . (d) (1) An eligible employee may receive no more than six (6) work weeks of paid leave pursuant to subsection (b) within a twelve-month period. (2) The six (6) work weeks of paid leave granted pursuant to this section do not need to be consecutively taken; provided, that the paid leave granted pursuant to this section is used within twelve (12) months of the birth or stillbirth of the employee's child or the employee's adoption of a newly placed minor child. (e) Each LEA and public charter school shall establish policies for implementing this section. (f) Paid leave under this section must be paid at one hundred percent (100%) of the employee's salary. For the purpose of calculating employment anniversary dates, absence from work pursuant to this section is considered full-time employment. (g) The state shall reimburse an LEA or public charter school that provides paid leave pursuant to this section in an amount equal to the leave paid by the LEA or public charter school pursuant to this section. Amended by 2024 Tenn. Acts, ch. 875,s 3, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 875,s 2, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 875,s 1, eff. 5/1/2024. Added by 2023 Tenn. Acts, ch. 399, s 1, eff. 5/11/2023.
(a) As used in this section: (1) "Birth" has the same meaning as "live birth" as defined in § 68-3-102 ; (2) "Eligible employee" means a teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state and who has been employed full time with a local education agency or public charter school for at least twelve (12) consecutive months; (3) "Local education agency" or "LEA" has the same definition as used in § 49-3-302 ; (4) "Newly placed minor child" means the adoption of a minor child that results in a change of custody of that child; (5) "Public charter school" has the same meaning as defined in § 49-13-104 ; and (6) "Stillbirth" has the same meaning as defined in § 68-3-102 .
(1) "Birth" has the same meaning as "live birth" as defined in § 68-3-102 ;
(2) "Eligible employee" means a teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state and who has been employed full time with a local education agency or public charter school for at least twelve (12) consecutive months;
(3) "Local education agency" or "LEA" has the same definition as used in § 49-3-302 ;
(4) "Newly placed minor child" means the adoption of a minor child that results in a change of custody of that child;
(5) "Public charter school" has the same meaning as defined in § 49-13-104 ; and
(6) "Stillbirth" has the same meaning as defined in § 68-3-102 .
(b) Except as otherwise provided in this section, an eligible employee must be granted absence from work with pay for a period of time equal to six (6) work weeks after the birth or stillbirth of the employee's child or the employee's adoption of a newly placed minor child upon the employee giving thirty-days' notice to the employee's LEA or public charter school; provided, however, that if an employee learns of the birth, stillbirth, or adoption of the employee's child less than thirty (30) days in advance of the birth, stillbirth, or adoption, then the employee must give notice of the birth, stillbirth, or adoption to the employee's LEA or public charter school as soon as reasonably possible to be eligible to receive pay granted pursuant to this subsection (b).
(c) An eligible employee who is granted leave pursuant to this section shall not be required to use the employee's sick, annual, or other leave for the leave taken pursuant to this section. The leave granted pursuant to this section counts toward the employee's use of leave required to be given by this state as an employer under the federal Family and Medical Leave Act ( 29 U.S.C. § 2601 , et seq.) and § 4-21-408 .
(d) (1) An eligible employee may receive no more than six (6) work weeks of paid leave pursuant to subsection (b) within a twelve-month period. (2) The six (6) work weeks of paid leave granted pursuant to this section do not need to be consecutively taken; provided, that the paid leave granted pursuant to this section is used within twelve (12) months of the birth or stillbirth of the employee's child or the employee's adoption of a newly placed minor child.
(1) An eligible employee may receive no more than six (6) work weeks of paid leave pursuant to subsection (b) within a twelve-month period.
(2) The six (6) work weeks of paid leave granted pursuant to this section do not need to be consecutively taken; provided, that the paid leave granted pursuant to this section is used within twelve (12) months of the birth or stillbirth of the employee's child or the employee's adoption of a newly placed minor child.
(e) Each LEA and public charter school shall establish policies for implementing this section.
(f) Paid leave under this section must be paid at one hundred percent (100%) of the employee's salary. For the purpose of calculating employment anniversary dates, absence from work pursuant to this section is considered full-time employment.
(g) The state shall reimburse an LEA or public charter school that provides paid leave pursuant to this section in an amount equal to the leave paid by the LEA or public charter school pursuant to this section.
Amended by 2024 Tenn. Acts, ch. 875,s 3, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 875,s 2, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 875,s 1, eff. 5/1/2024.
Added by 2023 Tenn. Acts, ch. 399, s 1, eff. 5/11/2023.
Tenn. Code Ann. § 8-38-112 — TN Code / Title 8 / Chapter 38 / Section 8-38-112
Deductions from subdivision employees' wages
Status: in_force

Each political subdivision required to make payments under § 8-38-111 is authorized to impose upon each of its employees, as to services which are covered by an approved plan of agreement, a contribution with respect to the employee's wages, not exceeding the amount of the employee's tax which would be imposed by the "Rate of Tax" sections of the Federal Insurance Contributions Act ( 26 U.S.C. 3101 et seq.), if such services constituted employment within the meaning of that act. Each political subdivision is authorized to deduct the amount of such contribution from the employee's wages. Failure to deduct such contributions shall not relieve the employee or employer of liability for such contributions. Amended by 2013 Tenn. Acts, ch. 170, s 7, eff. 4/16/2013. Acts 1951, ch. 90, § 5 (Williams, § 1034.68); 1957, ch. 88, §4; T.C.A. (orig. ed.), § 8-3812.
Each political subdivision required to make payments under § 8-38-111 is authorized to impose upon each of its employees, as to services which are covered by an approved plan of agreement, a contribution with respect to the employee's wages, not exceeding the amount of the employee's tax which would be imposed by the "Rate of Tax" sections of the Federal Insurance Contributions Act ( 26 U.S.C. 3101 et seq.), if such services constituted employment within the meaning of that act. Each political subdivision is authorized to deduct the amount of such contribution from the employee's wages. Failure to deduct such contributions shall not relieve the employee or employer of liability for such contributions.
Amended by 2013 Tenn. Acts, ch. 170, s 7, eff. 4/16/2013.
Acts 1951, ch. 90, § 5 (Williams, § 1034.68); 1957, ch. 88, §4; T.C.A. (orig. ed.), § 8-3812.
Tenn. Code Ann. § 8-3-107 — TN Code / Title 8 / Chapter 3 / Section 8-3-107
Powers and duties of assistant secretary
Status: in_force

Such person appointed or elected as assistant secretary of state shall possess all the qualifications required of the secretary of state and shall file such bond as is required to be filed by the secretary of state under the statutes, and shall take the oath of office prescribed by statute for the secretary of state, and shall serve only during the continuance of the emergency as determined by the governor and shall be paid such compensation as the governor may fix, but in no event shall the compensation so fixed exceed that prescribed by law for the duly elected secretary of state. Acts 1949, ch. 120, § 2; C. Supp. 1950, § 191.2 (Williams, § 191.1); T.C.A. (orig. ed.), § 8-307.
Such person appointed or elected as assistant secretary of state shall possess all the qualifications required of the secretary of state and shall file such bond as is required to be filed by the secretary of state under the statutes, and shall take the oath of office prescribed by statute for the secretary of state, and shall serve only during the continuance of the emergency as determined by the governor and shall be paid such compensation as the governor may fix, but in no event shall the compensation so fixed exceed that prescribed by law for the duly elected secretary of state.
Acts 1949, ch. 120, § 2; C. Supp. 1950, § 191.2 (Williams, § 191.1); T.C.A. (orig. ed.), § 8-307.
Tenn. Code Ann. § 8-27-702 — TN Code / Title 8 / Chapter 27 / Section 8-27-702
Group insurance plan for employees of local governments and quasi-governmental organizations - Availability of plans - Authority of committee
Status: in_force

(a) (1) The local government insurance committee has the authority to establish a group insurance plan for employees of local governments and quasi-governmental organizations. The local government insurance committee shall establish the definition of "employee". (2) Any entity applying to participate in the local government insurance plan as a quasi-governmental organization after July 1, 2015, shall demonstrate to the satisfaction of the local government insurance committee that: (A) The entity was created by an act of the general assembly or by an ordinance or similar enactment of a local government; (B) The entity performs governmental functions; and (C) The entity is under governmental supervision by having government officials on its governing board, being subject to audit by the comptroller of the treasury, or subject to review by a committee of the general assembly. (3) An entity does not qualify as a quasi-governmental organization because the entity has entered into a services contract with the state or any of its agencies. (b) Such plan is authorized to be established, contingent upon sufficient participation on the part of eligible organizations to make the plan economically feasible as determined by independent actuarial analysis. (c) The local government insurance committee shall approve such voluntary benefit plans as may be necessary and reasonable. The local government insurance committee may provide for voluntary benefits as part of the basic health plans or as separate plans. (d) The local government insurance committee is authorized to determine the premiums, benefits package, funding method, administrative procedures, eligibility provisions, and rules relating to the plans established by this section. (e) If a local government agency participates in the basic health plans provided for in subsection (a), those plans shall be the only basic health plans that the local government agency may make available to its employees. Amended by 2015 Tenn. Acts, ch. 426, s 4, eff. 5/18/2015. Amended by 2015 Tenn. Acts, ch. 118, s 3, eff. 4/10/2015. Acts 1988, ch. 986, § 1; 1989, ch. 181, §§ 2, 3.
(a) (1) The local government insurance committee has the authority to establish a group insurance plan for employees of local governments and quasi-governmental organizations. The local government insurance committee shall establish the definition of "employee". (2) Any entity applying to participate in the local government insurance plan as a quasi-governmental organization after July 1, 2015, shall demonstrate to the satisfaction of the local government insurance committee that: (A) The entity was created by an act of the general assembly or by an ordinance or similar enactment of a local government; (B) The entity performs governmental functions; and (C) The entity is under governmental supervision by having government officials on its governing board, being subject to audit by the comptroller of the treasury, or subject to review by a committee of the general assembly. (3) An entity does not qualify as a quasi-governmental organization because the entity has entered into a services contract with the state or any of its agencies.
(1) The local government insurance committee has the authority to establish a group insurance plan for employees of local governments and quasi-governmental organizations. The local government insurance committee shall establish the definition of "employee".
(2) Any entity applying to participate in the local government insurance plan as a quasi-governmental organization after July 1, 2015, shall demonstrate to the satisfaction of the local government insurance committee that: (A) The entity was created by an act of the general assembly or by an ordinance or similar enactment of a local government; (B) The entity performs governmental functions; and (C) The entity is under governmental supervision by having government officials on its governing board, being subject to audit by the comptroller of the treasury, or subject to review by a committee of the general assembly.
(A) The entity was created by an act of the general assembly or by an ordinance or similar enactment of a local government;
(B) The entity performs governmental functions; and
(C) The entity is under governmental supervision by having government officials on its governing board, being subject to audit by the comptroller of the treasury, or subject to review by a committee of the general assembly.
(3) An entity does not qualify as a quasi-governmental organization because the entity has entered into a services contract with the state or any of its agencies.
(b) Such plan is authorized to be established, contingent upon sufficient participation on the part of eligible organizations to make the plan economically feasible as determined by independent actuarial analysis.
(c) The local government insurance committee shall approve such voluntary benefit plans as may be necessary and reasonable. The local government insurance committee may provide for voluntary benefits as part of the basic health plans or as separate plans.
(d) The local government insurance committee is authorized to determine the premiums, benefits package, funding method, administrative procedures, eligibility provisions, and rules relating to the plans established by this section.
(e) If a local government agency participates in the basic health plans provided for in subsection (a), those plans shall be the only basic health plans that the local government agency may make available to its employees.
Amended by 2015 Tenn. Acts, ch. 426, s 4, eff. 5/18/2015.
Amended by 2015 Tenn. Acts, ch. 118, s 3, eff. 4/10/2015.
Acts 1988, ch. 986, § 1; 1989, ch. 181, §§ 2, 3.
Tenn. Code Ann. § 8-34-605 — TN Code / Title 8 / Chapter 34 / Section 8-34-605
Military service as creditable service
Status: in_force

(a) Any member who left the employ of an employer participating in the Tennessee consolidated retirement system in order to perform military service in the armed forces of the United States, and who is reemployed by such employer within six (6) months of honorable discharge from such service, shall have the option of establishing retirement credit for the military service under the following conditions: (1) The member must be entitled to reemployment with the employer pursuant to the Uniformed Services Employment and Reemployment Rights Act ( 38 U.S.C. §§ 4301 - 4334 ); (2) The member must not be able to establish the military service in any other retirement system; provided, that this subdivision (a)(2) shall not apply to the extent it is preempted by federal law; (3) The member must redeposit any amount the member withdrew from the retirement system upon leaving the employ of such employer, plus interest at the rate provided in § 8-37-214(a) ; and (4) The member must make a back payment equal to the amount of employee contributions the member would have made had the member remained continuously employed with the employer during the period of military service claimed. Such contributions shall be based upon the earnable compensation the member was earning at the time the member left employment to enter the military. Notwithstanding anything in this subdivision (a)(4) to the contrary, if the military service was during the Persian Gulf War, the service shall be credited without charge to the member, unless the member is an employee of a political subdivision. If the member is an employee of a political subdivision, the service shall be credited without charge to the member; provided, that the political subdivision accepts the liability therefor. "Persian Gulf War" means the period from and including August 2, 1990, to the date thereafter prescribed by presidential proclamation or by federal law. (b) (1) Any member or retired member who served in the armed forces of the United States during any period of armed conflict, as defined in subdivision (b)(2), shall be entitled to establish retirement credit for such military service without charge under the following conditions: (A) The member was honorably discharged from such military service; (B) The member cannot establish the military service in any other retirement system; provided, that this subdivision (b)(1)(B) shall not apply to the extent it is preempted by federal law; and (C) The military service credit cannot be used in determining any rights under the retirement system prior to the member becoming vested. (2) "Period of armed conflict" means: WW I 4/7/17 - 11/11/18 WW II 12/7/41 - 12/31/46 Korean War 6/27/50 - 1/31/55 Vietnam Era 2/28/61 - 5/7/75 (c) Any member or retired member who performed peacetime military service in the armed forces of the United States at any time from October 15, 1940, through May 7, 1975, shall be entitled to establish retirement credit for that military service under the following conditions: (1) For the member's first year of peacetime military service, the credit shall be on the basis of one (1) day of creditable service for each day of military service rendered. To establish the first year of such military service, the member must pay employee contributions for the service claimed based on a contribution rate of ten and one-half percent (10½%). The rate shall be applied to the member's earnable compensation at the time of the claim or, if not in service at the time of the claim, the member's earnable compensation at termination of employment; (2) After the first year of peacetime military service, the credit shall be on the basis of one (1) day of creditable service for each two (2) days of military service rendered. To establish such military service, the member must pay employee contributions for the service claimed based on a contribution rate of nine percent (9%). The rate shall be applied to the member's earnable compensation at the time of the claim or, if not in service at the time of the claim, the member's earnable compensation at termination of employment; and (3) The member shall be subject to the conditions set forth in subdivisions (b)(1)(A)-(C). (d) (1) Any member who has performed active duty military service in the armed forces of the United States during any period of armed conflict, as defined in subdivision (d)(2), may establish retirement credit for that military service under the following conditions: (A) Creditable service must be calculated on the basis of one (1) day of creditable service for each day of military service rendered. To establish such military service, the member must pay employee contributions for the service claimed based on a contribution rate of nine percent (9%). The rate is applied to the member's earnable compensation at the time of the claim; (B) The establishment of creditable service for military service in accordance with this subsection (d) is a benefit improvement. Payment of the liability to establish this creditable service is paid in accordance with § 8-35-206(i) ; and (C) The member is subject to the conditions set forth in subdivisions (b)(1)(A)-(C). (2) As used in this subsection (d), "period of armed conflict" means: Multinational Force in Lebanon 8/21/82 - 2/26/84 Invasion of Grenada/Operation Urgent Fury 10/25/83 - 12/15/83 Invasion of Panama/Operation Just Cause 12/20/89 - 1/31/90 Persian Gulf War 8/2/90 - 4/6/91 Operation Enduring Freedom 10/7/01 - 2/28/14 Operation Iraqi Freedom 3/19/03 - 8/31/10 (e) Any member who was honorably discharged as a result of one hundred percent (100%) permanent total disability from any service-connected, combat-related cause as determined by the United States veterans administration whose permanent total disability existed on the date of discharge shall not be deemed to have military credit in any other retirement system, unless the member retired from the military with twenty (20) or more years of service. (f) Subsections (b)-(e) are optional to political subdivisions in accordance with § 8-35-217 . (g) For part-time members, earnable compensation shall be increased to the corresponding full-time earnable compensation. (h) In no case shall the total amount of retirement credit granted for military service under subsections (b)-(e) exceed four (4) years. (i) Effective December 12, 1994, notwithstanding any other law to the contrary, contributions, benefits, and service credit with respect to qualified military service are governed by § 414(u) of the Internal Revenue Code ( 26 U.S.C. § 414(u) ), and the Uniformed Services Employment and Reemployment Rights Act of 1994 ( 38 U.S.C. §§ 4301 et seq.). (j) Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing qualified military service, as defined in the Uniformed Services Employment and Reemployment Rights Act of 1994 ( 38 U.S.C. §§ 4301 et seq.), to the extent required by § 401(a)(37) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(37) ), survivors of a member in a state or local retirement or pension system, are entitled to any additional benefits that the system would provide if the member had resumed employment and then died, such as accelerated vesting or survivor benefits that are contingent on the member's death while employed. In any event, a deceased member's period of qualified military service must be counted for vesting purposes. (k) Beginning January 1, 2009, to the extent required by § 414(u)(12) of the Internal Revenue Code ( 26 U.S.C. § 414(u)(12) ), an individual receiving differential wage payments, as defined under 26 U.S.C. § 3401(h)(2) , from an employer shall be treated as compensation for purposes of applying the limits on annual additions under § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ). This subsection (j) shall be applied to all similarly situated individuals in a reasonably equivalent manner. (l) Subject to a state appropriation, there is established a reserve account in the retirement system for the payment of state liabilities, and the interest that would have been earned thereon, resulting from military service credit established pursuant to this section on or after May 23, 2022. Deposits into the reserve account must come from state appropriations. The interest and dividends earned on the funds in the reserve account must be credited to the account and not revert to the general fund. The state treasurer may assess a charge to the reserve account, in an amount determined by the treasurer, to meet the expenses of the treasury department in administering and investing the reserve account assets. Amended by 2022 Tenn. Acts, ch. 1057, Secs.s 1, s 2, s 3 eff. 5/25/2022. Amended by 2022 Tenn. Acts, ch. 1045, s 1, eff. 5/23/2022. Amended by 2016 Tenn. Acts, ch. 605, s 5, eff. 3/17/2016. Acts 1972, ch. 814, § 4; 1975, ch. 315, § 2; 1976, ch. 816, § 4; 1977, ch. 108, § 1; 1979, ch. 320, § 12; T.C.A., § 8-3904; Acts 1980, ch. 654, § 8; 1982, ch. 613, § 1; 1983, ch. 342, § 8; 1984, ch. 679, §§ 1-4; 1987, ch. 219, § 1; 1987, ch. 376, §§ 1-3; 1992, ch. 754, § 1; 1992, ch. 843, §§ 6, 7; 1993, ch. 67, § 17; 1996, ch. 1016, § 1; 1997 , ch. 105, § 1; 2000, ch. 656, § 2; 2008 , ch. 674, §§ 6 - 8.
(a) Any member who left the employ of an employer participating in the Tennessee consolidated retirement system in order to perform military service in the armed forces of the United States, and who is reemployed by such employer within six (6) months of honorable discharge from such service, shall have the option of establishing retirement credit for the military service under the following conditions: (1) The member must be entitled to reemployment with the employer pursuant to the Uniformed Services Employment and Reemployment Rights Act ( 38 U.S.C. §§ 4301 - 4334 ); (2) The member must not be able to establish the military service in any other retirement system; provided, that this subdivision (a)(2) shall not apply to the extent it is preempted by federal law; (3) The member must redeposit any amount the member withdrew from the retirement system upon leaving the employ of such employer, plus interest at the rate provided in § 8-37-214(a) ; and (4) The member must make a back payment equal to the amount of employee contributions the member would have made had the member remained continuously employed with the employer during the period of military service claimed. Such contributions shall be based upon the earnable compensation the member was earning at the time the member left employment to enter the military. Notwithstanding anything in this subdivision (a)(4) to the contrary, if the military service was during the Persian Gulf War, the service shall be credited without charge to the member, unless the member is an employee of a political subdivision. If the member is an employee of a political subdivision, the service shall be credited without charge to the member; provided, that the political subdivision accepts the liability therefor. "Persian Gulf War" means the period from and including August 2, 1990, to the date thereafter prescribed by presidential proclamation or by federal law.
(1) The member must be entitled to reemployment with the employer pursuant to the Uniformed Services Employment and Reemployment Rights Act ( 38 U.S.C. §§ 4301 - 4334 );
(2) The member must not be able to establish the military service in any other retirement system; provided, that this subdivision (a)(2) shall not apply to the extent it is preempted by federal law;
(3) The member must redeposit any amount the member withdrew from the retirement system upon leaving the employ of such employer, plus interest at the rate provided in § 8-37-214(a) ; and
(4) The member must make a back payment equal to the amount of employee contributions the member would have made had the member remained continuously employed with the employer during the period of military service claimed. Such contributions shall be based upon the earnable compensation the member was earning at the time the member left employment to enter the military. Notwithstanding anything in this subdivision (a)(4) to the contrary, if the military service was during the Persian Gulf War, the service shall be credited without charge to the member, unless the member is an employee of a political subdivision. If the member is an employee of a political subdivision, the service shall be credited without charge to the member; provided, that the political subdivision accepts the liability therefor. "Persian Gulf War" means the period from and including August 2, 1990, to the date thereafter prescribed by presidential proclamation or by federal law.
(b) (1) Any member or retired member who served in the armed forces of the United States during any period of armed conflict, as defined in subdivision (b)(2), shall be entitled to establish retirement credit for such military service without charge under the following conditions: (A) The member was honorably discharged from such military service; (B) The member cannot establish the military service in any other retirement system; provided, that this subdivision (b)(1)(B) shall not apply to the extent it is preempted by federal law; and (C) The military service credit cannot be used in determining any rights under the retirement system prior to the member becoming vested. (2) "Period of armed conflict" means: WW I 4/7/17 - 11/11/18 WW II 12/7/41 - 12/31/46 Korean War 6/27/50 - 1/31/55 Vietnam Era 2/28/61 - 5/7/75
(1) Any member or retired member who served in the armed forces of the United States during any period of armed conflict, as defined in subdivision (b)(2), shall be entitled to establish retirement credit for such military service without charge under the following conditions: (A) The member was honorably discharged from such military service; (B) The member cannot establish the military service in any other retirement system; provided, that this subdivision (b)(1)(B) shall not apply to the extent it is preempted by federal law; and (C) The military service credit cannot be used in determining any rights under the retirement system prior to the member becoming vested.
(A) The member was honorably discharged from such military service;
(B) The member cannot establish the military service in any other retirement system; provided, that this subdivision (b)(1)(B) shall not apply to the extent it is preempted by federal law; and
(C) The military service credit cannot be used in determining any rights under the retirement system prior to the member becoming vested.
(2) "Period of armed conflict" means: WW I 4/7/17 - 11/11/18 WW II 12/7/41 - 12/31/46 Korean War 6/27/50 - 1/31/55 Vietnam Era 2/28/61 - 5/7/75
WW I 4/7/17 - 11/11/18
WW II 12/7/41 - 12/31/46
Korean War 6/27/50 - 1/31/55
Vietnam Era 2/28/61 - 5/7/75
(c) Any member or retired member who performed peacetime military service in the armed forces of the United States at any time from October 15, 1940, through May 7, 1975, shall be entitled to establish retirement credit for that military service under the following conditions: (1) For the member's first year of peacetime military service, the credit shall be on the basis of one (1) day of creditable service for each day of military service rendered. To establish the first year of such military service, the member must pay employee contributions for the service claimed based on a contribution rate of ten and one-half percent (10½%). The rate shall be applied to the member's earnable compensation at the time of the claim or, if not in service at the time of the claim, the member's earnable compensation at termination of employment; (2) After the first year of peacetime military service, the credit shall be on the basis of one (1) day of creditable service for each two (2) days of military service rendered. To establish such military service, the member must pay employee contributions for the service claimed based on a contribution rate of nine percent (9%). The rate shall be applied to the member's earnable compensation at the time of the claim or, if not in service at the time of the claim, the member's earnable compensation at termination of employment; and (3) The member shall be subject to the conditions set forth in subdivisions (b)(1)(A)-(C).
(1) For the member's first year of peacetime military service, the credit shall be on the basis of one (1) day of creditable service for each day of military service rendered. To establish the first year of such military service, the member must pay employee contributions for the service claimed based on a contribution rate of ten and one-half percent (10½%). The rate shall be applied to the member's earnable compensation at the time of the claim or, if not in service at the time of the claim, the member's earnable compensation at termination of employment;
(2) After the first year of peacetime military service, the credit shall be on the basis of one (1) day of creditable service for each two (2) days of military service rendered. To establish such military service, the member must pay employee contributions for the service claimed based on a contribution rate of nine percent (9%). The rate shall be applied to the member's earnable compensation at the time of the claim or, if not in service at the time of the claim, the member's earnable compensation at termination of employment; and
(3) The member shall be subject to the conditions set forth in subdivisions (b)(1)(A)-(C).
(d) (1) Any member who has performed active duty military service in the armed forces of the United States during any period of armed conflict, as defined in subdivision (d)(2), may establish retirement credit for that military service under the following conditions: (A) Creditable service must be calculated on the basis of one (1) day of creditable service for each day of military service rendered. To establish such military service, the member must pay employee contributions for the service claimed based on a contribution rate of nine percent (9%). The rate is applied to the member's earnable compensation at the time of the claim; (B) The establishment of creditable service for military service in accordance with this subsection (d) is a benefit improvement. Payment of the liability to establish this creditable service is paid in accordance with § 8-35-206(i) ; and (C) The member is subject to the conditions set forth in subdivisions (b)(1)(A)-(C). (2) As used in this subsection (d), "period of armed conflict" means: Multinational Force in Lebanon 8/21/82 - 2/26/84 Invasion of Grenada/Operation Urgent Fury 10/25/83 - 12/15/83 Invasion of Panama/Operation Just Cause 12/20/89 - 1/31/90 Persian Gulf War 8/2/90 - 4/6/91 Operation Enduring Freedom 10/7/01 - 2/28/14 Operation Iraqi Freedom 3/19/03 - 8/31/10
(1) Any member who has performed active duty military service in the armed forces of the United States during any period of armed conflict, as defined in subdivision (d)(2), may establish retirement credit for that military service under the following conditions: (A) Creditable service must be calculated on the basis of one (1) day of creditable service for each day of military service rendered. To establish such military service, the member must pay employee contributions for the service claimed based on a contribution rate of nine percent (9%). The rate is applied to the member's earnable compensation at the time of the claim; (B) The establishment of creditable service for military service in accordance with this subsection (d) is a benefit improvement. Payment of the liability to establish this creditable service is paid in accordance with § 8-35-206(i) ; and (C) The member is subject to the conditions set forth in subdivisions (b)(1)(A)-(C).
(A) Creditable service must be calculated on the basis of one (1) day of creditable service for each day of military service rendered. To establish such military service, the member must pay employee contributions for the service claimed based on a contribution rate of nine percent (9%). The rate is applied to the member's earnable compensation at the time of the claim;
(B) The establishment of creditable service for military service in accordance with this subsection (d) is a benefit improvement. Payment of the liability to establish this creditable service is paid in accordance with § 8-35-206(i) ; and
(C) The member is subject to the conditions set forth in subdivisions (b)(1)(A)-(C).
(2) As used in this subsection (d), "period of armed conflict" means: Multinational Force in Lebanon 8/21/82 - 2/26/84 Invasion of Grenada/Operation Urgent Fury 10/25/83 - 12/15/83 Invasion of Panama/Operation Just Cause 12/20/89 - 1/31/90 Persian Gulf War 8/2/90 - 4/6/91 Operation Enduring Freedom 10/7/01 - 2/28/14 Operation Iraqi Freedom 3/19/03 - 8/31/10
Multinational Force in Lebanon 8/21/82 - 2/26/84
Invasion of Grenada/Operation Urgent Fury 10/25/83 - 12/15/83
Invasion of Panama/Operation Just Cause 12/20/89 - 1/31/90
Persian Gulf War 8/2/90 - 4/6/91
Operation Enduring Freedom 10/7/01 - 2/28/14
Operation Iraqi Freedom 3/19/03 - 8/31/10
(e) Any member who was honorably discharged as a result of one hundred percent (100%) permanent total disability from any service-connected, combat-related cause as determined by the United States veterans administration whose permanent total disability existed on the date of discharge shall not be deemed to have military credit in any other retirement system, unless the member retired from the military with twenty (20) or more years of service.
(f) Subsections (b)-(e) are optional to political subdivisions in accordance with § 8-35-217 .
(g) For part-time members, earnable compensation shall be increased to the corresponding full-time earnable compensation.
(h) In no case shall the total amount of retirement credit granted for military service under subsections (b)-(e) exceed four (4) years.
(i) Effective December 12, 1994, notwithstanding any other law to the contrary, contributions, benefits, and service credit with respect to qualified military service are governed by § 414(u) of the Internal Revenue Code ( 26 U.S.C. § 414(u) ), and the Uniformed Services Employment and Reemployment Rights Act of 1994 ( 38 U.S.C. §§ 4301 et seq.).
(j) Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing qualified military service, as defined in the Uniformed Services Employment and Reemployment Rights Act of 1994 ( 38 U.S.C. §§ 4301 et seq.), to the extent required by § 401(a)(37) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(37) ), survivors of a member in a state or local retirement or pension system, are entitled to any additional benefits that the system would provide if the member had resumed employment and then died, such as accelerated vesting or survivor benefits that are contingent on the member's death while employed. In any event, a deceased member's period of qualified military service must be counted for vesting purposes.
(k) Beginning January 1, 2009, to the extent required by § 414(u)(12) of the Internal Revenue Code ( 26 U.S.C. § 414(u)(12) ), an individual receiving differential wage payments, as defined under 26 U.S.C. § 3401(h)(2) , from an employer shall be treated as compensation for purposes of applying the limits on annual additions under § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ). This subsection (j) shall be applied to all similarly situated individuals in a reasonably equivalent manner.
(l) Subject to a state appropriation, there is established a reserve account in the retirement system for the payment of state liabilities, and the interest that would have been earned thereon, resulting from military service credit established pursuant to this section on or after May 23, 2022. Deposits into the reserve account must come from state appropriations. The interest and dividends earned on the funds in the reserve account must be credited to the account and not revert to the general fund. The state treasurer may assess a charge to the reserve account, in an amount determined by the treasurer, to meet the expenses of the treasury department in administering and investing the reserve account assets.
Amended by 2022 Tenn. Acts, ch. 1057, Secs.s 1, s 2, s 3 eff. 5/25/2022.
Amended by 2022 Tenn. Acts, ch. 1045, s 1, eff. 5/23/2022.
Amended by 2016 Tenn. Acts, ch. 605, s 5, eff. 3/17/2016.
Acts 1972, ch. 814, § 4; 1975, ch. 315, § 2; 1976, ch. 816, § 4; 1977, ch. 108, § 1; 1979, ch. 320, § 12; T.C.A., § 8-3904; Acts 1980, ch. 654, § 8; 1982, ch. 613, § 1; 1983, ch. 342, § 8; 1984, ch. 679, §§ 1-4; 1987, ch. 219, § 1; 1987, ch. 376, §§ 1-3; 1992, ch. 754, § 1; 1992, ch. 843, §§ 6, 7; 1993, ch. 67, § 17; 1996, ch. 1016, § 1; 1997 , ch. 105, § 1; 2000, ch. 656, § 2; 2008 , ch. 674, §§ 6 - 8.
Tenn. Code Ann. § 8-11-101 — TN Code / Title 8 / Chapter 11 / Section 8-11-101
Election - Term of office
Status: in_force

(a) A county trustee is elected for each county by the qualified voters thereof, and holds office for four (4) years and until a successor is qualified. (b) If a vacancy shall occur in the office of trustee, the vacancy shall be filled as provided for in § 5-1-104(b) . Code 1858, § 424 (deriv. Acts 1835-1836, ch. 2, § 4); Shan., §520; mod. Code 1932, § 772; impl. am. Tenn. Const., art. 7, § 1 as amended in 1960; impl. am. Acts 1961, ch. 194, § 2; T.C.A. (orig. ed.), § 8-1101; Acts 1981, ch. 318, § 6.
(a) A county trustee is elected for each county by the qualified voters thereof, and holds office for four (4) years and until a successor is qualified.
(b) If a vacancy shall occur in the office of trustee, the vacancy shall be filled as provided for in § 5-1-104(b) .
Code 1858, § 424 (deriv. Acts 1835-1836, ch. 2, § 4); Shan., §520; mod. Code 1932, § 772; impl. am. Tenn. Const., art. 7, § 1 as amended in 1960; impl. am. Acts 1961, ch. 194, § 2; T.C.A. (orig. ed.), § 8-1101; Acts 1981, ch. 318, § 6.