Tenn. Code Ann. § 8-37-219 — TN Code / Title 8 / Chapter 37 / Section 8-37-219
Rollovers - Eligibility
Status: in_force

(a) For purposes of compliance with § 401(a)(31) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(31) ), this section applies notwithstanding any other law to the contrary that would otherwise limit a distributee's election to make a rollover. A distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) For purposes of this section: (1) "Direct rollover" means a payment by the plan to the eligible retirement plan specified by the distributee; (2) "Distributee" means an employee or former employee. "Distributee" includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in § 414(p) of the Internal Revenue Code ( 26 U.S.C. § 414(p) ). Effective April 16, 2010, "distributee" also includes a nonspouse beneficiary who is a designated beneficiary as defined by § 401(a)(9)(E) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9)(E) ). However, a nonspouse beneficiary may only make a direct rollover to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution, and the account or annuity shall be treated as an "inherited" individual retirement account or annuity; (3) "Eligible retirement plan" means any of the following that accepts the distributee's eligible rollover distribution: (A) A qualified retirement plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ); (B) An annuity plan described in § 403(a) of the Internal Revenue Code ( 26 U.S.C. § 403(a) ); (C) An individual retirement account described in § 408(a) of the Internal Revenue Code ( 26 U.S.C. § 408(a) ); (D) An individual retirement annuity described in § 408(b) of the Internal Revenue Code ( 26 U.S.C. § 408(b) ); (E) Effective January 1, 2002, an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ); (F) Effective January 1, 2002, a plan eligible under § 457(b) of the Internal Revenue Code ( 26 U.S.C. § 457(b) ) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state that agrees to separately account for amounts transferred into that plan from the retirement system; or (G) Effective January 1, 2008, a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and (4) "Eligible rollover distribution": (A) Means any distribution of all or any portion of the balance to the credit of the distributee, except that "eligible rollover distribution" does not include: (i) Any distribution that is one (1) of a series of substantially equal periodic payments, not less frequently than annually, made for the life or the life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; (ii) Any distribution to the extent such distribution is required under § 401(a)(9) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9) ); (iii) The portion of any distribution that is not includible in gross income; provided, however, effective January 1, 2002, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income, but such portion may be transferred only: (a) To an individual retirement account or annuity described in § 408(a) or (b) of the Internal Revenue Code ( 26 U.S.C. § 408(a) or (b) ) or to a qualified defined contribution plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) that agrees to separately account for amounts so transferred and earnings thereon, including, separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; (b) On or after January 1, 2007, to a qualified defined benefit plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) or to an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ), that agrees to separately account for amounts so transferred and earnings thereon, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or (c) On or after January 1, 2008, to a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and (iv) Any other distribution which the Internal Revenue Service does not consider eligible for rollover treatment, such as certain corrective distributions necessary to comply with § 415 of the Internal Revenue Code ( 26 U.S.C. § 415 ) or any distribution that is reasonably expected to total less than two hundred dollars ($200) during the year or any greater amount as provided under Treasury Regulation § 1.401(a)(31)-1, Q&A-11; and (B) Includes a distribution to a surviving spouse, or to a spouse or former spouse who is an alternate payee under a qualified domestic relations order, as defined in § 414(p) of the Internal Revenue Code ( 26 U.S.C. § 414(p) ). (c) Prior to making a direct rollover, the retirement system may require the individual requesting the direct rollover to establish that the receiving plan or account meets the requirements of this section and the Internal Revenue Code. (d) This section shall be administered in accordance with the direct rollover provisions of the Internal Revenue Code. Amended by 2016 Tenn. Acts, ch. 605, s 14, eff. 3/17/2016. Acts 1993, ch. 67, § 13; 2010 , ch. 777, §§ 41 - 44.
(a) For purposes of compliance with § 401(a)(31) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(31) ), this section applies notwithstanding any other law to the contrary that would otherwise limit a distributee's election to make a rollover. A distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(b) For purposes of this section: (1) "Direct rollover" means a payment by the plan to the eligible retirement plan specified by the distributee; (2) "Distributee" means an employee or former employee. "Distributee" includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in § 414(p) of the Internal Revenue Code ( 26 U.S.C. § 414(p) ). Effective April 16, 2010, "distributee" also includes a nonspouse beneficiary who is a designated beneficiary as defined by § 401(a)(9)(E) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9)(E) ). However, a nonspouse beneficiary may only make a direct rollover to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution, and the account or annuity shall be treated as an "inherited" individual retirement account or annuity; (3) "Eligible retirement plan" means any of the following that accepts the distributee's eligible rollover distribution: (A) A qualified retirement plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ); (B) An annuity plan described in § 403(a) of the Internal Revenue Code ( 26 U.S.C. § 403(a) ); (C) An individual retirement account described in § 408(a) of the Internal Revenue Code ( 26 U.S.C. § 408(a) ); (D) An individual retirement annuity described in § 408(b) of the Internal Revenue Code ( 26 U.S.C. § 408(b) ); (E) Effective January 1, 2002, an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ); (F) Effective January 1, 2002, a plan eligible under § 457(b) of the Internal Revenue Code ( 26 U.S.C. § 457(b) ) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state that agrees to separately account for amounts transferred into that plan from the retirement system; or (G) Effective January 1, 2008, a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and (4) "Eligible rollover distribution": (A) Means any distribution of all or any portion of the balance to the credit of the distributee, except that "eligible rollover distribution" does not include: (i) Any distribution that is one (1) of a series of substantially equal periodic payments, not less frequently than annually, made for the life or the life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; (ii) Any distribution to the extent such distribution is required under § 401(a)(9) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9) ); (iii) The portion of any distribution that is not includible in gross income; provided, however, effective January 1, 2002, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income, but such portion may be transferred only: (a) To an individual retirement account or annuity described in § 408(a) or (b) of the Internal Revenue Code ( 26 U.S.C. § 408(a) or (b) ) or to a qualified defined contribution plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) that agrees to separately account for amounts so transferred and earnings thereon, including, separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; (b) On or after January 1, 2007, to a qualified defined benefit plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) or to an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ), that agrees to separately account for amounts so transferred and earnings thereon, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or (c) On or after January 1, 2008, to a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and (iv) Any other distribution which the Internal Revenue Service does not consider eligible for rollover treatment, such as certain corrective distributions necessary to comply with § 415 of the Internal Revenue Code ( 26 U.S.C. § 415 ) or any distribution that is reasonably expected to total less than two hundred dollars ($200) during the year or any greater amount as provided under Treasury Regulation § 1.401(a)(31)-1, Q&A-11; and (B) Includes a distribution to a surviving spouse, or to a spouse or former spouse who is an alternate payee under a qualified domestic relations order, as defined in § 414(p) of the Internal Revenue Code ( 26 U.S.C. § 414(p) ).
(1) "Direct rollover" means a payment by the plan to the eligible retirement plan specified by the distributee;
(2) "Distributee" means an employee or former employee. "Distributee" includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in § 414(p) of the Internal Revenue Code ( 26 U.S.C. § 414(p) ). Effective April 16, 2010, "distributee" also includes a nonspouse beneficiary who is a designated beneficiary as defined by § 401(a)(9)(E) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9)(E) ). However, a nonspouse beneficiary may only make a direct rollover to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution, and the account or annuity shall be treated as an "inherited" individual retirement account or annuity;
(3) "Eligible retirement plan" means any of the following that accepts the distributee's eligible rollover distribution: (A) A qualified retirement plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ); (B) An annuity plan described in § 403(a) of the Internal Revenue Code ( 26 U.S.C. § 403(a) ); (C) An individual retirement account described in § 408(a) of the Internal Revenue Code ( 26 U.S.C. § 408(a) ); (D) An individual retirement annuity described in § 408(b) of the Internal Revenue Code ( 26 U.S.C. § 408(b) ); (E) Effective January 1, 2002, an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ); (F) Effective January 1, 2002, a plan eligible under § 457(b) of the Internal Revenue Code ( 26 U.S.C. § 457(b) ) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state that agrees to separately account for amounts transferred into that plan from the retirement system; or (G) Effective January 1, 2008, a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and
(A) A qualified retirement plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) );
(B) An annuity plan described in § 403(a) of the Internal Revenue Code ( 26 U.S.C. § 403(a) );
(C) An individual retirement account described in § 408(a) of the Internal Revenue Code ( 26 U.S.C. § 408(a) );
(D) An individual retirement annuity described in § 408(b) of the Internal Revenue Code ( 26 U.S.C. § 408(b) );
(E) Effective January 1, 2002, an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) );
(F) Effective January 1, 2002, a plan eligible under § 457(b) of the Internal Revenue Code ( 26 U.S.C. § 457(b) ) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state that agrees to separately account for amounts transferred into that plan from the retirement system; or
(G) Effective January 1, 2008, a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and
(4) "Eligible rollover distribution": (A) Means any distribution of all or any portion of the balance to the credit of the distributee, except that "eligible rollover distribution" does not include: (i) Any distribution that is one (1) of a series of substantially equal periodic payments, not less frequently than annually, made for the life or the life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; (ii) Any distribution to the extent such distribution is required under § 401(a)(9) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9) ); (iii) The portion of any distribution that is not includible in gross income; provided, however, effective January 1, 2002, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income, but such portion may be transferred only: (a) To an individual retirement account or annuity described in § 408(a) or (b) of the Internal Revenue Code ( 26 U.S.C. § 408(a) or (b) ) or to a qualified defined contribution plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) that agrees to separately account for amounts so transferred and earnings thereon, including, separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; (b) On or after January 1, 2007, to a qualified defined benefit plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) or to an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ), that agrees to separately account for amounts so transferred and earnings thereon, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or (c) On or after January 1, 2008, to a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and (iv) Any other distribution which the Internal Revenue Service does not consider eligible for rollover treatment, such as certain corrective distributions necessary to comply with § 415 of the Internal Revenue Code ( 26 U.S.C. § 415 ) or any distribution that is reasonably expected to total less than two hundred dollars ($200) during the year or any greater amount as provided under Treasury Regulation § 1.401(a)(31)-1, Q&A-11; and (B) Includes a distribution to a surviving spouse, or to a spouse or former spouse who is an alternate payee under a qualified domestic relations order, as defined in § 414(p) of the Internal Revenue Code ( 26 U.S.C. § 414(p) ).
(A) Means any distribution of all or any portion of the balance to the credit of the distributee, except that "eligible rollover distribution" does not include: (i) Any distribution that is one (1) of a series of substantially equal periodic payments, not less frequently than annually, made for the life or the life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; (ii) Any distribution to the extent such distribution is required under § 401(a)(9) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9) ); (iii) The portion of any distribution that is not includible in gross income; provided, however, effective January 1, 2002, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income, but such portion may be transferred only: (a) To an individual retirement account or annuity described in § 408(a) or (b) of the Internal Revenue Code ( 26 U.S.C. § 408(a) or (b) ) or to a qualified defined contribution plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) that agrees to separately account for amounts so transferred and earnings thereon, including, separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; (b) On or after January 1, 2007, to a qualified defined benefit plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) or to an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ), that agrees to separately account for amounts so transferred and earnings thereon, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or (c) On or after January 1, 2008, to a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and (iv) Any other distribution which the Internal Revenue Service does not consider eligible for rollover treatment, such as certain corrective distributions necessary to comply with § 415 of the Internal Revenue Code ( 26 U.S.C. § 415 ) or any distribution that is reasonably expected to total less than two hundred dollars ($200) during the year or any greater amount as provided under Treasury Regulation § 1.401(a)(31)-1, Q&A-11; and
(i) Any distribution that is one (1) of a series of substantially equal periodic payments, not less frequently than annually, made for the life or the life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more;
(ii) Any distribution to the extent such distribution is required under § 401(a)(9) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9) );
(iii) The portion of any distribution that is not includible in gross income; provided, however, effective January 1, 2002, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income, but such portion may be transferred only: (a) To an individual retirement account or annuity described in § 408(a) or (b) of the Internal Revenue Code ( 26 U.S.C. § 408(a) or (b) ) or to a qualified defined contribution plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) that agrees to separately account for amounts so transferred and earnings thereon, including, separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; (b) On or after January 1, 2007, to a qualified defined benefit plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) or to an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ), that agrees to separately account for amounts so transferred and earnings thereon, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or (c) On or after January 1, 2008, to a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and
(a) To an individual retirement account or annuity described in § 408(a) or (b) of the Internal Revenue Code ( 26 U.S.C. § 408(a) or (b) ) or to a qualified defined contribution plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) that agrees to separately account for amounts so transferred and earnings thereon, including, separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible;
(b) On or after January 1, 2007, to a qualified defined benefit plan described in § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ) or to an annuity contract described in § 403(b) of the Internal Revenue Code ( 26 U.S.C. § 403(b) ), that agrees to separately account for amounts so transferred and earnings thereon, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or
(c) On or after January 1, 2008, to a Roth IRA described in § 408A of the Internal Revenue Code ( 26 U.S.C. § 408A ); and
(iv) Any other distribution which the Internal Revenue Service does not consider eligible for rollover treatment, such as certain corrective distributions necessary to comply with § 415 of the Internal Revenue Code ( 26 U.S.C. § 415 ) or any distribution that is reasonably expected to total less than two hundred dollars ($200) during the year or any greater amount as provided under Treasury Regulation § 1.401(a)(31)-1, Q&A-11; and
(B) Includes a distribution to a surviving spouse, or to a spouse or former spouse who is an alternate payee under a qualified domestic relations order, as defined in § 414(p) of the Internal Revenue Code ( 26 U.S.C. § 414(p) ).
(c) Prior to making a direct rollover, the retirement system may require the individual requesting the direct rollover to establish that the receiving plan or account meets the requirements of this section and the Internal Revenue Code.
(d) This section shall be administered in accordance with the direct rollover provisions of the Internal Revenue Code.
Amended by 2016 Tenn. Acts, ch. 605, s 14, eff. 3/17/2016.
Acts 1993, ch. 67, § 13; 2010 , ch. 777, §§ 41 - 44.
Tenn. Code Ann. § 8-37-102 — TN Code / Title 8 / Chapter 37 / Section 8-37-102
Custodian of funds - Disbursements
Status: in_force

(a) The state treasurer shall be the custodian of the funds of the retirement system. (b) All payments from such funds shall be made by the state treasurer on warrants or vouchers issued and signed by such person as is designated by the board. (c) A duly attested copy of a resolution, if the board designating such person and bearing on its face the specimen signature of such person, shall be filed with the commissioner of finance and administration as the state treasurer's authority for issuing warrants upon such vouchers. (d) For the purpose of meeting disbursements for state annuities, member annuities, and other payments, there may be kept available cash, not exceeding ten percent (10%) of the total amount in the funds of the retirement system, on deposit in one (1) or more banks, savings and loan associations or trust companies in the state, organized under the laws of the state or of the United States, and qualified as state depositories. Acts 1972, ch. 814, § 7; 1978, ch. 708, § 6.05; T.C.A., § 8-3929(4), (5).
(a) The state treasurer shall be the custodian of the funds of the retirement system.
(b) All payments from such funds shall be made by the state treasurer on warrants or vouchers issued and signed by such person as is designated by the board.
(c) A duly attested copy of a resolution, if the board designating such person and bearing on its face the specimen signature of such person, shall be filed with the commissioner of finance and administration as the state treasurer's authority for issuing warrants upon such vouchers.
(d) For the purpose of meeting disbursements for state annuities, member annuities, and other payments, there may be kept available cash, not exceeding ten percent (10%) of the total amount in the funds of the retirement system, on deposit in one (1) or more banks, savings and loan associations or trust companies in the state, organized under the laws of the state or of the United States, and qualified as state depositories.
Acts 1972, ch. 814, § 7; 1978, ch. 708, § 6.05; T.C.A., § 8-3929(4), (5).
Tenn. Code Ann. § 8-4-119 — TN Code / Title 8 / Chapter 4 / Section 8-4-119
Report to comptroller of treasury of government fraud
Status: in_force

(a) Any state agency having determined that a theft, forgery, credit card fraud or any other intentional act of unlawful or unauthorized taking, or abuse of public money, property, or services, or that other cash shortages have occurred in the state agency, shall report the information to the office of the comptroller of the treasury. (b) The comptroller of the treasury, in consultation with the state agencies, shall have the authority to establish guidelines for such reports. (c) (1) Any state agency shall, within a reasonable amount of time, notify the comptroller of the treasury of any confirmed or suspected unauthorized acquisition of computerized data and any confirmed or suspected breach of a computer information system or related security system established to safeguard the data and computer information system. (2) For purposes of subdivision (c)(1): (A) "Breach" does not include individual occurrences of malware or spyware; (B) "Computer information system" and "related security system" mean those computer information systems and security system infrastructures operated and administered by the state agency or an entity with which the state agency contracts for such operation and administration; and (C) "Reasonable amount of time" means any amount of time that is reasonable under the particular circumstances, but shall not under any circumstances exceed five (5) working days. (d) The information received pursuant to this section shall be confidential working papers of the comptroller of the treasury, and therefore, shall not be an open record pursuant to title 10, chapter 7. (e) As used in this section "state agency" means each state board, commission, committee, department, office, or any other unit of state government. Amended by 2015 Tenn. Acts, ch. 42,s 1, eff. 3/27/2015. Acts 2012, ch. 946, § 1.
(a) Any state agency having determined that a theft, forgery, credit card fraud or any other intentional act of unlawful or unauthorized taking, or abuse of public money, property, or services, or that other cash shortages have occurred in the state agency, shall report the information to the office of the comptroller of the treasury.
(b) The comptroller of the treasury, in consultation with the state agencies, shall have the authority to establish guidelines for such reports.
(c) (1) Any state agency shall, within a reasonable amount of time, notify the comptroller of the treasury of any confirmed or suspected unauthorized acquisition of computerized data and any confirmed or suspected breach of a computer information system or related security system established to safeguard the data and computer information system. (2) For purposes of subdivision (c)(1): (A) "Breach" does not include individual occurrences of malware or spyware; (B) "Computer information system" and "related security system" mean those computer information systems and security system infrastructures operated and administered by the state agency or an entity with which the state agency contracts for such operation and administration; and (C) "Reasonable amount of time" means any amount of time that is reasonable under the particular circumstances, but shall not under any circumstances exceed five (5) working days.
(1) Any state agency shall, within a reasonable amount of time, notify the comptroller of the treasury of any confirmed or suspected unauthorized acquisition of computerized data and any confirmed or suspected breach of a computer information system or related security system established to safeguard the data and computer information system.
(2) For purposes of subdivision (c)(1): (A) "Breach" does not include individual occurrences of malware or spyware; (B) "Computer information system" and "related security system" mean those computer information systems and security system infrastructures operated and administered by the state agency or an entity with which the state agency contracts for such operation and administration; and (C) "Reasonable amount of time" means any amount of time that is reasonable under the particular circumstances, but shall not under any circumstances exceed five (5) working days.
(A) "Breach" does not include individual occurrences of malware or spyware;
(B) "Computer information system" and "related security system" mean those computer information systems and security system infrastructures operated and administered by the state agency or an entity with which the state agency contracts for such operation and administration; and
(C) "Reasonable amount of time" means any amount of time that is reasonable under the particular circumstances, but shall not under any circumstances exceed five (5) working days.
(d) The information received pursuant to this section shall be confidential working papers of the comptroller of the treasury, and therefore, shall not be an open record pursuant to title 10, chapter 7.
(e) As used in this section "state agency" means each state board, commission, committee, department, office, or any other unit of state government.
Amended by 2015 Tenn. Acts, ch. 42,s 1, eff. 3/27/2015.
Acts 2012, ch. 946, § 1.
Tenn. Code Ann. § 8-4-505 — TN Code / Title 8 / Chapter 4 / Section 8-4-505
Confidentiality
Status: in_force

The detailed information received and generated pursuant to this part shall be considered confidential working papers of the comptroller of the treasury and is therefore not an open record pursuant to title 10, chapter 7. Acts 2007, ch. 206, § 6.
The detailed information received and generated pursuant to this part shall be considered confidential working papers of the comptroller of the treasury and is therefore not an open record pursuant to title 10, chapter 7.
Acts 2007, ch. 206, § 6.
Tenn. Code Ann. § 8-48-202 — TN Code / Title 8 / Chapter 48 / Section 8-48-202
Return from military service before expiration of term
Status: in_force

Whenever any person holding a state or county office is inducted into the military service of the United States, such induction shall not operate to create a permanent vacancy in the office, but upon the return of the officer from the military service, such person shall be entitled to resume the duties of the office for the remainder of the term for which the officer was elected; provided, that it has not theretofore already expired. Acts 1943, ch. 4, § 1; C. Supp. 1950, § 1866.1; T.C.A. (orig. ed.), § 8-2811.
Whenever any person holding a state or county office is inducted into the military service of the United States, such induction shall not operate to create a permanent vacancy in the office, but upon the return of the officer from the military service, such person shall be entitled to resume the duties of the office for the remainder of the term for which the officer was elected; provided, that it has not theretofore already expired.
Acts 1943, ch. 4, § 1; C. Supp. 1950, § 1866.1; T.C.A. (orig. ed.), § 8-2811.
Tenn. Code Ann. § 8-35-233 — TN Code / Title 8 / Chapter 35 / Section 8-35-233
[Repealed] Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 296, s 11, eff. 4/29/2013. Acts 1989, ch. 161, § 1; 2010 , ch. 777, § 18.
Repealed by 2013 Tenn. Acts, ch. 296, s 11, eff. 4/29/2013.
Acts 1989, ch. 161, § 1; 2010 , ch. 777, § 18.
Tenn. Code Ann. § 8-10-111 — TN Code / Title 8 / Chapter 10 / Section 8-10-111
Duties
Status: in_force

(a) It is the duty of a constable to execute all process lawfully directed to the constable, and to wait upon the court, when appointed by the county legislative body or by the sheriff, as the case may be. (b) (1) In counties governed by a metropolitan government as provided for by title 7, chapters 1-3, any constable to whom a precept or process is directed by a judge or clerk of a court of general sessions may perform the constable's duties relating thereto by delivering such precept or process within a reasonable time to the sheriff of the county, who shall serve such precept or process. (2) Upon delivering the precept or process to the sheriff as provided in this subsection (b) and taking a receipt therefor, the constable will have performed the constable's function and duty relating thereto. Thereupon, the constable and the surety on the constable's bond shall be relieved of all liability for failure to serve the precept or process, and the constable shall not be subject to any penalty or fine for refusing or neglecting to serve such precept or process. (3) Nothing in this subsection (b) shall change, alter, or diminish the duties of the constable under § 8-10-113 . (4) Duly elected constables when proceeding under this subsection (b) shall not accept any fees for their services. (5) Proper action hereunder by any constable shall not constitute a failure to perform such constable's statutory duties and shall not act to vacate the office. (c) All constables in counties having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census, may serve summonses, garnishments, subpoenas, attachments and all other documents from the circuit and chancery courts. Code 1858, § 397; Shan., § 488; Code 1932, § 734; Acts 1967, ch. 157, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1011; Acts 1984, ch. 904, § 1.
(a) It is the duty of a constable to execute all process lawfully directed to the constable, and to wait upon the court, when appointed by the county legislative body or by the sheriff, as the case may be.
(b) (1) In counties governed by a metropolitan government as provided for by title 7, chapters 1-3, any constable to whom a precept or process is directed by a judge or clerk of a court of general sessions may perform the constable's duties relating thereto by delivering such precept or process within a reasonable time to the sheriff of the county, who shall serve such precept or process. (2) Upon delivering the precept or process to the sheriff as provided in this subsection (b) and taking a receipt therefor, the constable will have performed the constable's function and duty relating thereto. Thereupon, the constable and the surety on the constable's bond shall be relieved of all liability for failure to serve the precept or process, and the constable shall not be subject to any penalty or fine for refusing or neglecting to serve such precept or process. (3) Nothing in this subsection (b) shall change, alter, or diminish the duties of the constable under § 8-10-113 . (4) Duly elected constables when proceeding under this subsection (b) shall not accept any fees for their services. (5) Proper action hereunder by any constable shall not constitute a failure to perform such constable's statutory duties and shall not act to vacate the office.
(1) In counties governed by a metropolitan government as provided for by title 7, chapters 1-3, any constable to whom a precept or process is directed by a judge or clerk of a court of general sessions may perform the constable's duties relating thereto by delivering such precept or process within a reasonable time to the sheriff of the county, who shall serve such precept or process.
(2) Upon delivering the precept or process to the sheriff as provided in this subsection (b) and taking a receipt therefor, the constable will have performed the constable's function and duty relating thereto. Thereupon, the constable and the surety on the constable's bond shall be relieved of all liability for failure to serve the precept or process, and the constable shall not be subject to any penalty or fine for refusing or neglecting to serve such precept or process.
(3) Nothing in this subsection (b) shall change, alter, or diminish the duties of the constable under § 8-10-113 .
(4) Duly elected constables when proceeding under this subsection (b) shall not accept any fees for their services.
(5) Proper action hereunder by any constable shall not constitute a failure to perform such constable's statutory duties and shall not act to vacate the office.
(c) All constables in counties having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census, may serve summonses, garnishments, subpoenas, attachments and all other documents from the circuit and chancery courts.
Code 1858, § 397; Shan., § 488; Code 1932, § 734; Acts 1967, ch. 157, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1011; Acts 1984, ch. 904, § 1.
Tenn. Code Ann. § 8-19-407 — TN Code / Title 8 / Chapter 19 / Section 8-19-407
Effect of new bond on old
Status: in_force

In no case provided for in any of §§ 8-19-402 - 8-19-406 are any of the official bonds, previously executed, discharged; but each remains of the same force and obligation as if the additional bonds had not been given; and any person aggrieved may have a remedy, upon either or all of such bonds, in the same or in separate proceedings. Code 1858, § 783; Shan., § 1104; Code 1932, § 1846; T.C.A. (orig. ed.), § 8-1941.
In no case provided for in any of §§ 8-19-402 - 8-19-406 are any of the official bonds, previously executed, discharged; but each remains of the same force and obligation as if the additional bonds had not been given; and any person aggrieved may have a remedy, upon either or all of such bonds, in the same or in separate proceedings.
Code 1858, § 783; Shan., § 1104; Code 1932, § 1846; T.C.A. (orig. ed.), § 8-1941.
Tenn. Code Ann. § 8-6-103 — TN Code / Title 8 / Chapter 6 / Section 8-6-103
Assistants and other personnel
Status: in_force

The attorney general and reporter, consistent with budgetary limitations, is authorized to appoint such assistants and other personnel as the attorney general and reporter may deem necessary to perform the duties of the office. All assistants and other personnel shall hold office during the pleasure of the attorney general and reporter and shall have such titles and perform such duties as may be assigned to them by the attorney general and reporter. All assistants shall take an oath to discharge the duties imposed. The attorney general and reporter shall submit a report of any increase and decrease in the number of assistants to the general assembly on July 1 of each year for the prior fiscal year ending June 30. Acts 1929, ch. 22, § 2; Code 1932, § 9951; Acts 1965, ch. 130, § 1; 1967, ch. 275, § 1; 1971, ch. 276, §§ 1, 2; 1977, ch. 149, § 1; 1979, ch. 422, § 1; T.C.A. (orig. ed.), § 8-603.
The attorney general and reporter, consistent with budgetary limitations, is authorized to appoint such assistants and other personnel as the attorney general and reporter may deem necessary to perform the duties of the office. All assistants and other personnel shall hold office during the pleasure of the attorney general and reporter and shall have such titles and perform such duties as may be assigned to them by the attorney general and reporter. All assistants shall take an oath to discharge the duties imposed. The attorney general and reporter shall submit a report of any increase and decrease in the number of assistants to the general assembly on July 1 of each year for the prior fiscal year ending June 30.
Acts 1929, ch. 22, § 2; Code 1932, § 9951; Acts 1965, ch. 130, § 1; 1967, ch. 275, § 1; 1971, ch. 276, §§ 1, 2; 1977, ch. 149, § 1; 1979, ch. 422, § 1; T.C.A. (orig. ed.), § 8-603.
Tenn. Code Ann. § 8-35-255 — TN Code / Title 8 / Chapter 35 / Section 8-35-255
Establishment of alternative defined benefit plan
Status: in_force

(a) There is established an alternate defined benefit plan that shall offer a service retirement allowance of one and four-tenths percent (1.4%) of the member's average final compensation, multiplied by the number of years of creditable service. (b) A political subdivision may, by resolution legally adopted and approved by the 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 alternate defined benefit plan. (c) Except as otherwise provided in this subsection (c), any member in the alternate defined benefit plan shall be eligible for service retirement upon attainment of sixty-five (65) years of age and upon completion of five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal ninety (90). Any member serving in a position covered by the mandatory retirement provisions of § 8-36-205 shall be eligible for service retirement upon attainment of sixty (60) years of age and upon completion of five (5) years of creditable service, or at any age upon completion of thirty (30) years of creditable service. Further, any member who has creditable service in a position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit established pursuant to § 8-36-211 shall be eligible for service retirement upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the member was in a position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the member's retirement benefits under subsection (a). Section 8-36-211(b)(2) shall not apply in calculating the supplemental bridge benefit for members covered by the mandatory retirement provisions of § 8-36-205(a)(2) who retire on an early service retirement allowance pursuant to this subsection (c). Instead, the supplemental bridge benefit shall be equal to three-fourths of one percent (0.75%) of the member's average final compensation, multiplied by the member's years of creditable service when the member was in a position covered by the mandatory retirement provisions of § 8-36-205(a)(2) , but reduced by an actuarially determined factor as set by the board from time to time. (d) Except as otherwise provided in this subsection (d), any member in the alternate defined benefit plan shall be eligible for early service retirement upon attainment of sixty (60) years of age with five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal eighty (80). Any member serving in a position covered by the mandatory retirement provisions of § 8-36-205 shall be eligible for early service retirement upon attainment of fifty-five (55) years of age and upon completion of five (5) years of creditable service. The early service retirement allowance calculated under this subsection (d) shall be computed as a service retirement allowance in accordance with subsection (a) but reduced by an actuarially determined factor as set by the board from time to time. (e) Any member may apply for a disability retirement benefit pursuant to the provisions and criteria set forth in chapter 36, part 5 of this title. All provisions of chapter 36, part 5 of this title shall be applicable, except that the disability retirement allowance shall be equal to nine-tenths ( 9 / 10 ) of a service retirement allowance as computed in subsection (a) and as may be further reduced in accordance with chapter 36, part 5 of this title. (f) Any reference in chapters 34-37 of this title to the eligibility requirements for an early or service retirement allowance shall for purposes of this section mean the eligibility requirements set forth in subsections (c) and (d). Any reference in chapters 34-37 of this title to the formula for computing an early or service retirement allowance, or for computing a disability retirement allowance, shall for purposes of this section mean the applicable formula as set out in subsections (a), (d) or (e). (g) Sections 8-36-109(b)(1)(C) and 8-36-123(a)(3) shall not apply in determining the retirement allowance payable under § 8-36-109(b) or under § 8-36-123(a) to a deceased member's surviving spouse, if any. Instead, the retirement allowance payable under such sections shall be reduced by an actuarially determined factor as set by the board from time to time. (h) In no event shall any member in this alternate defined benefit plan receive a base annual pension benefit of more than eighty thousand dollars ($80,000) beginning July 1, 2012. Each July 1 thereafter, this amount shall be increased or decreased in accordance with the consumer price index as defined in § 8-36-701(c) , and the amount of increase or decrease shall be based on the prior calendar year. The member's annual pension benefit shall be limited to the base benefit in effect at the time of the member's retirement. This provision does not preclude any cost-of-living adjustments authorized pursuant to § 8-36-701(b)(1) and (2) . Notwithstanding this subsection (h), the service retirement allowance payable under this section shall not exceed ninety percent (90%) of the member's average final compensation, as may be adjusted by the cost-of-living provisions of § 8-36-701(b)(1) and (2) . (i) A political subdivision electing to participate in the retirement system pursuant to this section shall participate in the provisions of the plan as they exist for state employees on the date of participation, except that §§ 8-36-123(b) , 8-36-124 , and 8-36-209 shall not apply and shall not be optional. Further, the provisions of the hybrid plan established under chapter 36, part 9 of this title shall not apply unless the political subdivision subsequently elects to participate in such plan on a prospective basis pursuant to § 8-36-919 . Notwithstanding the foregoing, the following provisions shall remain optional to the political subdivision: (1) Employee contributions as provided in § 8-35-203(a)(1)(B)(iii) , § 8-35-254 , or § 8-37-202 , as applicable; (2) Part-time, seasonal, or temporary employee service credit in accordance with § 8-34-621 ; (3) Mandatory retirement in accordance with § 8-36-205 ; and (4) Cost of living increase allowance in accordance with § 8-36-701 . (j) Any member who desires to establish service credit pursuant to chapters 34-37 of this title shall pay employee contributions equal to the amount the member would have paid had such member been a member of the system during the period claimed, plus interest at the rate provided in § 8-37-214 . Any such service shall be credited to the plan in existence at the time the service is established, provided such plan is with the political subdivision for which the service was rendered. Amended by 2018 Tenn. Acts, ch. 736, s 4, eff. 4/18/2018. Amended by 2016 Tenn. Acts, ch. 962, s 8, eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 421, s 18, eff. 5/8/2015. Amended by 2014 Tenn. Acts, ch. 659, s 14, eff. 4/10/2014. Amended by 2013 Tenn. Acts, ch. 296, s 13, eff. 4/29/2013. Acts 2012 , ch. 939, § 1.
(a) There is established an alternate defined benefit plan that shall offer a service retirement allowance of one and four-tenths percent (1.4%) of the member's average final compensation, multiplied by the number of years of creditable service.
(b) A political subdivision may, by resolution legally adopted and approved by the 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 alternate defined benefit plan.
(c) Except as otherwise provided in this subsection (c), any member in the alternate defined benefit plan shall be eligible for service retirement upon attainment of sixty-five (65) years of age and upon completion of five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal ninety (90). Any member serving in a position covered by the mandatory retirement provisions of § 8-36-205 shall be eligible for service retirement upon attainment of sixty (60) years of age and upon completion of five (5) years of creditable service, or at any age upon completion of thirty (30) years of creditable service. Further, any member who has creditable service in a position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit established pursuant to § 8-36-211 shall be eligible for service retirement upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the member was in a position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the member's retirement benefits under subsection (a). Section 8-36-211(b)(2) shall not apply in calculating the supplemental bridge benefit for members covered by the mandatory retirement provisions of § 8-36-205(a)(2) who retire on an early service retirement allowance pursuant to this subsection (c). Instead, the supplemental bridge benefit shall be equal to three-fourths of one percent (0.75%) of the member's average final compensation, multiplied by the member's years of creditable service when the member was in a position covered by the mandatory retirement provisions of § 8-36-205(a)(2) , but reduced by an actuarially determined factor as set by the board from time to time.
(d) Except as otherwise provided in this subsection (d), any member in the alternate defined benefit plan shall be eligible for early service retirement upon attainment of sixty (60) years of age with five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal eighty (80). Any member serving in a position covered by the mandatory retirement provisions of § 8-36-205 shall be eligible for early service retirement upon attainment of fifty-five (55) years of age and upon completion of five (5) years of creditable service. The early service retirement allowance calculated under this subsection (d) shall be computed as a service retirement allowance in accordance with subsection (a) but reduced by an actuarially determined factor as set by the board from time to time.
(e) Any member may apply for a disability retirement benefit pursuant to the provisions and criteria set forth in chapter 36, part 5 of this title. All provisions of chapter 36, part 5 of this title shall be applicable, except that the disability retirement allowance shall be equal to nine-tenths ( 9 / 10 ) of a service retirement allowance as computed in subsection (a) and as may be further reduced in accordance with chapter 36, part 5 of this title.
(f) Any reference in chapters 34-37 of this title to the eligibility requirements for an early or service retirement allowance shall for purposes of this section mean the eligibility requirements set forth in subsections (c) and (d). Any reference in chapters 34-37 of this title to the formula for computing an early or service retirement allowance, or for computing a disability retirement allowance, shall for purposes of this section mean the applicable formula as set out in subsections (a), (d) or (e).
(g) Sections 8-36-109(b)(1)(C) and 8-36-123(a)(3) shall not apply in determining the retirement allowance payable under § 8-36-109(b) or under § 8-36-123(a) to a deceased member's surviving spouse, if any. Instead, the retirement allowance payable under such sections shall be reduced by an actuarially determined factor as set by the board from time to time.
(h) In no event shall any member in this alternate defined benefit plan receive a base annual pension benefit of more than eighty thousand dollars ($80,000) beginning July 1, 2012. Each July 1 thereafter, this amount shall be increased or decreased in accordance with the consumer price index as defined in § 8-36-701(c) , and the amount of increase or decrease shall be based on the prior calendar year. The member's annual pension benefit shall be limited to the base benefit in effect at the time of the member's retirement. This provision does not preclude any cost-of-living adjustments authorized pursuant to § 8-36-701(b)(1) and (2) . Notwithstanding this subsection (h), the service retirement allowance payable under this section shall not exceed ninety percent (90%) of the member's average final compensation, as may be adjusted by the cost-of-living provisions of § 8-36-701(b)(1) and (2) .
(i) A political subdivision electing to participate in the retirement system pursuant to this section shall participate in the provisions of the plan as they exist for state employees on the date of participation, except that §§ 8-36-123(b) , 8-36-124 , and 8-36-209 shall not apply and shall not be optional. Further, the provisions of the hybrid plan established under chapter 36, part 9 of this title shall not apply unless the political subdivision subsequently elects to participate in such plan on a prospective basis pursuant to § 8-36-919 . Notwithstanding the foregoing, the following provisions shall remain optional to the political subdivision: (1) Employee contributions as provided in § 8-35-203(a)(1)(B)(iii) , § 8-35-254 , or § 8-37-202 , as applicable; (2) Part-time, seasonal, or temporary employee service credit in accordance with § 8-34-621 ; (3) Mandatory retirement in accordance with § 8-36-205 ; and (4) Cost of living increase allowance in accordance with § 8-36-701 .
(1) Employee contributions as provided in § 8-35-203(a)(1)(B)(iii) , § 8-35-254 , or § 8-37-202 , as applicable;
(2) Part-time, seasonal, or temporary employee service credit in accordance with § 8-34-621 ;
(3) Mandatory retirement in accordance with § 8-36-205 ; and
(4) Cost of living increase allowance in accordance with § 8-36-701 .
(j) Any member who desires to establish service credit pursuant to chapters 34-37 of this title shall pay employee contributions equal to the amount the member would have paid had such member been a member of the system during the period claimed, plus interest at the rate provided in § 8-37-214 . Any such service shall be credited to the plan in existence at the time the service is established, provided such plan is with the political subdivision for which the service was rendered.
Amended by 2018 Tenn. Acts, ch. 736, s 4, eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 962, s 8, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 421, s 18, eff. 5/8/2015.
Amended by 2014 Tenn. Acts, ch. 659, s 14, eff. 4/10/2014.
Amended by 2013 Tenn. Acts, ch. 296, s 13, eff. 4/29/2013.
Acts 2012 , ch. 939, § 1.
Tenn. Code Ann. § 8-35-404 — TN Code / Title 8 / Chapter 35 / Section 8-35-404
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015. Acts 1972, ch. 814, § 12; T.C.A., § 8-3936(d); Acts 1981, ch. 508, § 7; 1990, ch. 1027, § 4; 1993, ch. 345, § 4; 1994, ch. 710, §§ 2, 3; 2000, ch. 871, § 1; 2001, ch. 58, § 7; 2004, ch. 631, §§ 8, 9; 2009 , ch. 142, § 17.
Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015.
Acts 1972, ch. 814, § 12; T.C.A., § 8-3936(d); Acts 1981, ch. 508, § 7; 1990, ch. 1027, § 4; 1993, ch. 345, § 4; 1994, ch. 710, §§ 2, 3; 2000, ch. 871, § 1; 2001, ch. 58, § 7; 2004, ch. 631, §§ 8, 9; 2009 , ch. 142, § 17.
Tenn. Code Ann. § 8-7-603 — TN Code / Title 8 / Chapter 7 / Section 8-7-603
Disbursement of funds
Status: in_force

Such funds shall be disbursed by the executive director of the district attorneys general conference upon proper request being submitted by the respective district attorneys general specifying the purpose of the disbursement and that the same is lawful and proper and not inconsistent with the terms upon which the funding was received. Acts 1986, ch. 766, § 3; 1996, ch. 996, § 2.
Such funds shall be disbursed by the executive director of the district attorneys general conference upon proper request being submitted by the respective district attorneys general specifying the purpose of the disbursement and that the same is lawful and proper and not inconsistent with the terms upon which the funding was received.
Acts 1986, ch. 766, § 3; 1996, ch. 996, § 2.
Tenn. Code Ann. § 8-34-304 — TN Code / Title 8 / Chapter 34 / Section 8-34-304
Compensation of members
Status: in_force

The trustees shall serve without compensation as such, but shall be reimbursed for all necessary expenses that they may incur through service to the board. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1972, ch. 814, § 6; 1976, ch. 806, § 1(41); T.C.A., § 8-3925.
The trustees shall serve without compensation as such, but shall be reimbursed for all necessary expenses that they may incur through service to the board. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1972, ch. 814, § 6; 1976, ch. 806, § 1(41); T.C.A., § 8-3925.
Tenn. Code Ann. § 8-34-621 — TN Code / Title 8 / Chapter 34 / Section 8-34-621
Part-time, seasonal, retired or temporary employee service credit
Status: in_force

(a) Any member or retired member may establish retirement credit for service rendered as a part-time employee upon making application therefor to the board of trustees. If such service is claimed within one (1) year of the member's date of membership or July 1, 1984, whichever is later, the member may establish retirement credit for service rendered as a part-time employee which has not been previously refunded, upon a payment of back contributions. (b) Any state employee who is a member of the retirement system may establish retirement credit for service rendered as a seasonal or temporary employee upon making application therefor to the board of trustees. If such service is claimed within one (1) year of the member's date of membership or July 1, 1985, whichever is later, the member may establish retirement credit for such service which has not been previously refunded upon a payment of back contributions. (c) If service is not established within the time specified in subsection (a) or (b) or if a member or retired member has been refunded for such service, then it may be established upon a payment of back contributions plus interest. (d) A member or retired member establishing retirement credit under this section must establish credit for all service which is creditable under this system. Acts 1984, ch. 797, § 4; 1985, ch. 449, § 8; 1995, ch. 300, §§ 1, 2, 3.
(a) Any member or retired member may establish retirement credit for service rendered as a part-time employee upon making application therefor to the board of trustees. If such service is claimed within one (1) year of the member's date of membership or July 1, 1984, whichever is later, the member may establish retirement credit for service rendered as a part-time employee which has not been previously refunded, upon a payment of back contributions.
(b) Any state employee who is a member of the retirement system may establish retirement credit for service rendered as a seasonal or temporary employee upon making application therefor to the board of trustees. If such service is claimed within one (1) year of the member's date of membership or July 1, 1985, whichever is later, the member may establish retirement credit for such service which has not been previously refunded upon a payment of back contributions.
(c) If service is not established within the time specified in subsection (a) or (b) or if a member or retired member has been refunded for such service, then it may be established upon a payment of back contributions plus interest.
(d) A member or retired member establishing retirement credit under this section must establish credit for all service which is creditable under this system.
Acts 1984, ch. 797, § 4; 1985, ch. 449, § 8; 1995, ch. 300, §§ 1, 2, 3.
Tenn. Code Ann. § 8-50-902 — TN Code / Title 8 / Chapter 50 / Section 8-50-902
Establishment
Status: in_force

Establishment of the sick leave bank shall be in accordance with the following: (1) Sick leave accumulated under part 8 of this chapter may be donated to the bank; (2) Only one (1) sick leave bank will be established for all employees of the state of Tennessee; provided, that any sick leave banks for persons employed by the state which were authorized prior to July 1, 1988, shall continue in operation and shall continue to be effective in terms of their enacting legislation; and (3) A minimum of one hundred (100) state employees must petition the commissioner of finance and administration in accordance with this part. Acts 1988, ch. 1009, § 1.
Establishment of the sick leave bank shall be in accordance with the following:
(1) Sick leave accumulated under part 8 of this chapter may be donated to the bank;
(2) Only one (1) sick leave bank will be established for all employees of the state of Tennessee; provided, that any sick leave banks for persons employed by the state which were authorized prior to July 1, 1988, shall continue in operation and shall continue to be effective in terms of their enacting legislation; and
(3) A minimum of one hundred (100) state employees must petition the commissioner of finance and administration in accordance with this part.
Acts 1988, ch. 1009, § 1.
Tenn. Code Ann. § 8-4-706 — TN Code / Title 8 / Chapter 4 / Section 8-4-706
Annual report on advocate's activities, findings and recommendations
Status: in_force

The small business advocate shall annually prepare a report on the advocate's activities, findings and recommendations to the governor, members of the general assembly and to the heads of affected state departments and agencies. Prior to publishing the report, the small business advocate shall provide any affected department or agency with an opportunity to comment on draft reports and include the department's or agency's comments in the final version of the report. Acts 2010, ch. 1129, § 7.
The small business advocate shall annually prepare a report on the advocate's activities, findings and recommendations to the governor, members of the general assembly and to the heads of affected state departments and agencies. Prior to publishing the report, the small business advocate shall provide any affected department or agency with an opportunity to comment on draft reports and include the department's or agency's comments in the final version of the report.
Acts 2010, ch. 1129, § 7.
Tenn. Code Ann. § 8-30-318 — TN Code / Title 8 / Chapter 30 / Section 8-30-318
Appeal procedure for employees
Status: in_force

(a) The department shall promulgate rules and guidelines establishing an appeal procedure for employees, which shall include the orderly conduct of proceedings. (b) An employee in the preferred service system, who has successfully completed the required probationary period, may file an appeal concerning the application of a law, rule, or policy to the dismissal, demotion, or suspension of the employee. If the term of the suspension is less than three (3) days, the right to appeal is limited to an appeal to the commissioner under Step II, codified as subdivision (g)(1)(B). An employee shall not be entitled to appeal a suspension of less than three (3) days to the board of appeals. (c) An executive service employee, however, does not have standing to file an appeal under this section. (d) An employee who files an appeal under this section must file the appeal as soon as possible after the occurrence of the act or condition complained of, and not later than fourteen (14) calendar days after the date the employee became aware, or by the exercise of reasonable diligence should have become aware, of the occurrence giving rise to the appeal. If an employee fails to file the appeal within the fourteen-calendar-day period, then the right to appeal under this chapter lapses and is deemed to have been waived in its entirety by the employee. (e) For the purposes of this chapter, an appeal is filed when the appointing authority, the commissioner, or the board of appeals, depending on whether the appeal is being made under Step I, II, or III as provided in subsection (g), receives a written or electronic copy of the appeal. If a physical copy of the appeal is mailed to the agency, then the timeliness of the appeal must be determined by the date postmarked on the envelope. (f) A remedy granted under this section must not extend back more than thirty (30) calendar days before the appeal was filed. (g) The following appeal procedure is established: (1) (A) Step I: The appealing employee must reduce the appeal to writing and file the appeal with the appealing employee's appointing authority. In the appeal, the employee must provide a statement detailing why the discipline issued was in error and should be overturned or reduced. The appointing authority or appointing authority's designee must conduct an investigation if necessary, meet with the employee, and issue a decision, in writing, no later than twenty (20) calendar days after the date the appointing authority receives the appeal. The appointing authority or designee shall provide to the employee in advance of the meeting a copy of all relevant evidence in the appointing authority's or designee's possession. The appointing authority or designee shall make all reasonable efforts to gather all relevant evidence that is germane to the meeting prior to conducting the meeting for purposes of providing the information to the employee. If evidence is part of an active criminal investigation or prosecution by a law enforcement agency, or is otherwise deemed confidential under existing law, then the evidence must not be provided in advance of the hearing; provided, that the employee must be presented with the evidence during the meeting if the evidence will be relied upon by the appointing authority for purposes of issuing a decision. If applicable, the employee must acknowledge in writing that the employee was presented with the evidence. Unless otherwise provided for in this section, all evidence in possession of the appointing authority or designee prior to the meeting that was not provided to the employee in accordance with this subdivision (g)(1)(A) must not be considered by the appointing authority for purposes of issuing a decision. Prior to issuing a decision, the appointing authority or designee may independently collect new evidence regarding a factual issue raised during a proceeding under Step I. If the appointing authority or designee independently collects new evidence, then the appointing authority or designee must provide a copy of the new evidence, as soon as practicable, to the employee. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with the evidence. The employee, not later than three (3) business days after receiving the evidence, may submit a response to the appointing authority or designee in support of opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The appointing authority or designee must not issue a decision until the employee has been afforded the opportunity to respond to all new evidence in accordance with this subdivision (g)(1)(A), unless doing so violates the twenty-calendar-day timeframe; (B) (i) Step II: If the appointing authority or designee does not find in favor of the employee or does not issue a timely decision, then the employee may appeal to the commissioner of human resources by filing the appeal no later than fourteen (14) calendar days after the date of the appointing authority's written decision or, in the case of a failure to issue a timely decision, the date on which the appointing authority's written decision was due. The commissioner of human resources must review the appeal and the appointing authority's decision, if any, and issue a decision in writing no later than thirty (30) calendar days after the date the appeal was filed with the commissioner. Prior to issuing a decision, the commissioner may independently collect new evidence regarding factual issues raised during a proceeding under Step I. If the commissioner independently collects such evidence, then the commissioner must provide a copy of the evidence to the employee as soon as practicable. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with such evidence. No later than three (3) business days after receiving the evidence, the employee may submit a response to the commissioner in support of or opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The commissioner shall not issue a decision until the employee has been afforded the opportunity to respond to all new evidence or information in accordance with this subdivision (g)(1)(B)(i), unless doing so violates the thirty-calendar-day timeframe; (ii) At Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the Step I decision was in error and ought to be overturned, reduced, or amended. If there was not a timely Step I decision, then at Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the original dismissal, demotion, or suspension was in error and ought to be overturned, reduced, or amended. The written justification must specifically address the employee's individual circumstances and the merits of the Step I decision, if applicable. An employee failing to provide a written justification to the commissioner is not eligible to appeal to Step III. (C) (i) Step III: Subject to the prohibition in subdivision (g)(1)(B)(ii), an employee or an appointing authority may appeal the commissioner's Step II decision in writing to the board of appeals no later than fourteen (14) calendar days after receiving written notice of the decision. Subject to the prohibition in subdivision (g)(1)(B)(ii), and in the event that the commissioner does not issue a timely Step II decision, then an employee may appeal the decision of the appointing authority in writing to the board of appeals no later than fourteen (14) calendar days after the date on which the commissioner's Step II decision was due. Within ten (10) calendar days after the receipt of the appeal, the administrative law judge assigned to assist the board of appeals in the proceedings related to the appeal shall determine whether the appealing party timely satisfied all procedural requirements. If the appealing party did not timely satisfy a procedural requirement, then the appeal must be dismissed. Otherwise, the board of appeals shall conduct proceedings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as modified herein; (ii) The appealing party, whether it be the employee or appointing authority, bears the burden of proof during the Step III proceeding; (2) Each hearing under this chapter must occur before a panel of at least three (3) members of the board of appeals, assisted by one (1) administrative law judge (ALJ). The ALJ shall assist at the hearing by ruling on questions regarding the admissibility of evidence, swearing-in of witnesses, advising members of the board of appeals on the law of the case, and ensuring that the proceedings are carried out in accordance with this chapter and other applicable law. At no time must the ALJ take part in the determination of a question of fact. An ALJ, upon timely motion, may decide a procedural question of law; (3) The board of appeals shall issue a final decision in a proceeding no later than one hundred twenty (120) calendar days after the date of the filing of the appeal with the board of appeals unless an extension has been granted in accordance with subdivision (h)(5). (h) In order to ensure that the board of appeals issues its final decision no later than one hundred twenty (120) days after the date of the filing of the appeal, the following conditions shall be imposed on hearings before the board of appeals: (1) The parties shall participate in a pre-hearing conference no later than twenty (20) days after the filing of the appeal. At the pre-hearing conference, a date must be set on which the hearing before the board of appeals will be held; (2) All discovery must be completed no later than sixty (60) days after the filing of the appeal; (3) All motions, both dispositive and non-dispositive, must be ruled on no later than thirty (30) days before the date of the hearing; (4) The department shall forward the record of the case, which consists of the Step I appeal, the Step I decision, the Step II appeal and the commissioner's Step II decision, to sitting board members prior to the Step III meeting for preliminary review. Evidentiary attachments to the aforementioned documents shall not be considered part of the record and shall not be submitted to the board members prior to the Step III hearing; (5) An extension to a deadline provided herein must only be granted in extraordinary circumstances and with the agreement of both parties. In any event, an extension for the board of appeals to issue a Step III decision must not extend beyond one hundred forty (140) calendar days; (6) Continuances of the hearing before the board of appeals may be granted only in extraordinary circumstances, as determined by the board of appeals or the ALJ; and (7) Neither party shall be entitled to a petition for reconsideration under § 4-5-317 . (i) Decisions of the board of appeals are subject to judicial review in accordance with the Uniform Administrative Procedures Act and the rules and regulations promulgated thereunder, in each case as amended in this chapter. (j) The board of appeals may award attorney's fees and costs to a successfully appealing employee. The commissioner shall establish by rule the manner in which those fees shall be determined. The unsuccessful party or other state agency shall pay any fees or costs awarded under this subsection (j). (k) If the employee is successful in obtaining reinstatement to a position from which the employee has been terminated, the employee shall be reinstated to a position in the county in which the employee was employed at the time of termination. The commissioner may grant exceptions on a case-by-case basis. (l) In any case in which a successful employee has been awarded reinstatement, back pay or attorney's fees, the agency involved shall have a period of thirty (30) days from the date of the final order within which to provide reinstatement, back pay and/or attorney's fees. (m) An employee who does not appear, personally, electronically or through the appearance of counsel, for a hearing before the board of appeals waives the employee's hearing at Step III. The board shall enter a default judgment against the employee and the decision of the commissioner at Step II shall become final. In no instance shall the board of appeals proceed with the Step III hearing without the presence of the employee personally, electronically, or through the appearance of counsel. (n) An order of the board of appeals is considered final upon execution by the presiding board member. Neither settlement agreements issued voluntarily by the parties nor decisions rendered by the board require a signature of the administrative law judge to be considered final. Once executed, the department shall forward a copy to the administrative procedures division for record purposes. (o) The parties in a Step I appeal may make an audio tape recording of the proceeding. (p) In a Step I appeal, if more than one (1) representative of the state agency, excluding the hearing officer, is in attendance, then the employee may have a non-lawyer representative participate in the appeal. Amended by 2022 Tenn. Acts, ch. 655, Secs.s 17, s 18, s 19, s 20, s 21, s 22, s 23, s 24, s 25, s 26 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 655, s 16, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 904, Secs.s 1, s 2, s 3 eff. 5/3/2018. Amended by 2016 Tenn. Acts, ch. 837, Secs.s 1, s 2, s 3, s 4 eff. 4/21/2016. Amended by 2014 Tenn. Acts, ch. 701, s 1, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 689, Secs.s 4, s 5, s 6 eff. 4/15/2014. Acts 2012 , ch. 800, § 39.
(a) The department shall promulgate rules and guidelines establishing an appeal procedure for employees, which shall include the orderly conduct of proceedings.
(b) An employee in the preferred service system, who has successfully completed the required probationary period, may file an appeal concerning the application of a law, rule, or policy to the dismissal, demotion, or suspension of the employee. If the term of the suspension is less than three (3) days, the right to appeal is limited to an appeal to the commissioner under Step II, codified as subdivision (g)(1)(B). An employee shall not be entitled to appeal a suspension of less than three (3) days to the board of appeals.
(c) An executive service employee, however, does not have standing to file an appeal under this section.
(d) An employee who files an appeal under this section must file the appeal as soon as possible after the occurrence of the act or condition complained of, and not later than fourteen (14) calendar days after the date the employee became aware, or by the exercise of reasonable diligence should have become aware, of the occurrence giving rise to the appeal. If an employee fails to file the appeal within the fourteen-calendar-day period, then the right to appeal under this chapter lapses and is deemed to have been waived in its entirety by the employee.
(e) For the purposes of this chapter, an appeal is filed when the appointing authority, the commissioner, or the board of appeals, depending on whether the appeal is being made under Step I, II, or III as provided in subsection (g), receives a written or electronic copy of the appeal. If a physical copy of the appeal is mailed to the agency, then the timeliness of the appeal must be determined by the date postmarked on the envelope.
(f) A remedy granted under this section must not extend back more than thirty (30) calendar days before the appeal was filed.
(g) The following appeal procedure is established: (1) (A) Step I: The appealing employee must reduce the appeal to writing and file the appeal with the appealing employee's appointing authority. In the appeal, the employee must provide a statement detailing why the discipline issued was in error and should be overturned or reduced. The appointing authority or appointing authority's designee must conduct an investigation if necessary, meet with the employee, and issue a decision, in writing, no later than twenty (20) calendar days after the date the appointing authority receives the appeal. The appointing authority or designee shall provide to the employee in advance of the meeting a copy of all relevant evidence in the appointing authority's or designee's possession. The appointing authority or designee shall make all reasonable efforts to gather all relevant evidence that is germane to the meeting prior to conducting the meeting for purposes of providing the information to the employee. If evidence is part of an active criminal investigation or prosecution by a law enforcement agency, or is otherwise deemed confidential under existing law, then the evidence must not be provided in advance of the hearing; provided, that the employee must be presented with the evidence during the meeting if the evidence will be relied upon by the appointing authority for purposes of issuing a decision. If applicable, the employee must acknowledge in writing that the employee was presented with the evidence. Unless otherwise provided for in this section, all evidence in possession of the appointing authority or designee prior to the meeting that was not provided to the employee in accordance with this subdivision (g)(1)(A) must not be considered by the appointing authority for purposes of issuing a decision. Prior to issuing a decision, the appointing authority or designee may independently collect new evidence regarding a factual issue raised during a proceeding under Step I. If the appointing authority or designee independently collects new evidence, then the appointing authority or designee must provide a copy of the new evidence, as soon as practicable, to the employee. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with the evidence. The employee, not later than three (3) business days after receiving the evidence, may submit a response to the appointing authority or designee in support of opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The appointing authority or designee must not issue a decision until the employee has been afforded the opportunity to respond to all new evidence in accordance with this subdivision (g)(1)(A), unless doing so violates the twenty-calendar-day timeframe; (B) (i) Step II: If the appointing authority or designee does not find in favor of the employee or does not issue a timely decision, then the employee may appeal to the commissioner of human resources by filing the appeal no later than fourteen (14) calendar days after the date of the appointing authority's written decision or, in the case of a failure to issue a timely decision, the date on which the appointing authority's written decision was due. The commissioner of human resources must review the appeal and the appointing authority's decision, if any, and issue a decision in writing no later than thirty (30) calendar days after the date the appeal was filed with the commissioner. Prior to issuing a decision, the commissioner may independently collect new evidence regarding factual issues raised during a proceeding under Step I. If the commissioner independently collects such evidence, then the commissioner must provide a copy of the evidence to the employee as soon as practicable. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with such evidence. No later than three (3) business days after receiving the evidence, the employee may submit a response to the commissioner in support of or opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The commissioner shall not issue a decision until the employee has been afforded the opportunity to respond to all new evidence or information in accordance with this subdivision (g)(1)(B)(i), unless doing so violates the thirty-calendar-day timeframe; (ii) At Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the Step I decision was in error and ought to be overturned, reduced, or amended. If there was not a timely Step I decision, then at Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the original dismissal, demotion, or suspension was in error and ought to be overturned, reduced, or amended. The written justification must specifically address the employee's individual circumstances and the merits of the Step I decision, if applicable. An employee failing to provide a written justification to the commissioner is not eligible to appeal to Step III. (C) (i) Step III: Subject to the prohibition in subdivision (g)(1)(B)(ii), an employee or an appointing authority may appeal the commissioner's Step II decision in writing to the board of appeals no later than fourteen (14) calendar days after receiving written notice of the decision. Subject to the prohibition in subdivision (g)(1)(B)(ii), and in the event that the commissioner does not issue a timely Step II decision, then an employee may appeal the decision of the appointing authority in writing to the board of appeals no later than fourteen (14) calendar days after the date on which the commissioner's Step II decision was due. Within ten (10) calendar days after the receipt of the appeal, the administrative law judge assigned to assist the board of appeals in the proceedings related to the appeal shall determine whether the appealing party timely satisfied all procedural requirements. If the appealing party did not timely satisfy a procedural requirement, then the appeal must be dismissed. Otherwise, the board of appeals shall conduct proceedings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as modified herein; (ii) The appealing party, whether it be the employee or appointing authority, bears the burden of proof during the Step III proceeding; (2) Each hearing under this chapter must occur before a panel of at least three (3) members of the board of appeals, assisted by one (1) administrative law judge (ALJ). The ALJ shall assist at the hearing by ruling on questions regarding the admissibility of evidence, swearing-in of witnesses, advising members of the board of appeals on the law of the case, and ensuring that the proceedings are carried out in accordance with this chapter and other applicable law. At no time must the ALJ take part in the determination of a question of fact. An ALJ, upon timely motion, may decide a procedural question of law; (3) The board of appeals shall issue a final decision in a proceeding no later than one hundred twenty (120) calendar days after the date of the filing of the appeal with the board of appeals unless an extension has been granted in accordance with subdivision (h)(5).
(1) (A) Step I: The appealing employee must reduce the appeal to writing and file the appeal with the appealing employee's appointing authority. In the appeal, the employee must provide a statement detailing why the discipline issued was in error and should be overturned or reduced. The appointing authority or appointing authority's designee must conduct an investigation if necessary, meet with the employee, and issue a decision, in writing, no later than twenty (20) calendar days after the date the appointing authority receives the appeal. The appointing authority or designee shall provide to the employee in advance of the meeting a copy of all relevant evidence in the appointing authority's or designee's possession. The appointing authority or designee shall make all reasonable efforts to gather all relevant evidence that is germane to the meeting prior to conducting the meeting for purposes of providing the information to the employee. If evidence is part of an active criminal investigation or prosecution by a law enforcement agency, or is otherwise deemed confidential under existing law, then the evidence must not be provided in advance of the hearing; provided, that the employee must be presented with the evidence during the meeting if the evidence will be relied upon by the appointing authority for purposes of issuing a decision. If applicable, the employee must acknowledge in writing that the employee was presented with the evidence. Unless otherwise provided for in this section, all evidence in possession of the appointing authority or designee prior to the meeting that was not provided to the employee in accordance with this subdivision (g)(1)(A) must not be considered by the appointing authority for purposes of issuing a decision. Prior to issuing a decision, the appointing authority or designee may independently collect new evidence regarding a factual issue raised during a proceeding under Step I. If the appointing authority or designee independently collects new evidence, then the appointing authority or designee must provide a copy of the new evidence, as soon as practicable, to the employee. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with the evidence. The employee, not later than three (3) business days after receiving the evidence, may submit a response to the appointing authority or designee in support of opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The appointing authority or designee must not issue a decision until the employee has been afforded the opportunity to respond to all new evidence in accordance with this subdivision (g)(1)(A), unless doing so violates the twenty-calendar-day timeframe; (B) (i) Step II: If the appointing authority or designee does not find in favor of the employee or does not issue a timely decision, then the employee may appeal to the commissioner of human resources by filing the appeal no later than fourteen (14) calendar days after the date of the appointing authority's written decision or, in the case of a failure to issue a timely decision, the date on which the appointing authority's written decision was due. The commissioner of human resources must review the appeal and the appointing authority's decision, if any, and issue a decision in writing no later than thirty (30) calendar days after the date the appeal was filed with the commissioner. Prior to issuing a decision, the commissioner may independently collect new evidence regarding factual issues raised during a proceeding under Step I. If the commissioner independently collects such evidence, then the commissioner must provide a copy of the evidence to the employee as soon as practicable. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with such evidence. No later than three (3) business days after receiving the evidence, the employee may submit a response to the commissioner in support of or opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The commissioner shall not issue a decision until the employee has been afforded the opportunity to respond to all new evidence or information in accordance with this subdivision (g)(1)(B)(i), unless doing so violates the thirty-calendar-day timeframe; (ii) At Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the Step I decision was in error and ought to be overturned, reduced, or amended. If there was not a timely Step I decision, then at Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the original dismissal, demotion, or suspension was in error and ought to be overturned, reduced, or amended. The written justification must specifically address the employee's individual circumstances and the merits of the Step I decision, if applicable. An employee failing to provide a written justification to the commissioner is not eligible to appeal to Step III. (C) (i) Step III: Subject to the prohibition in subdivision (g)(1)(B)(ii), an employee or an appointing authority may appeal the commissioner's Step II decision in writing to the board of appeals no later than fourteen (14) calendar days after receiving written notice of the decision. Subject to the prohibition in subdivision (g)(1)(B)(ii), and in the event that the commissioner does not issue a timely Step II decision, then an employee may appeal the decision of the appointing authority in writing to the board of appeals no later than fourteen (14) calendar days after the date on which the commissioner's Step II decision was due. Within ten (10) calendar days after the receipt of the appeal, the administrative law judge assigned to assist the board of appeals in the proceedings related to the appeal shall determine whether the appealing party timely satisfied all procedural requirements. If the appealing party did not timely satisfy a procedural requirement, then the appeal must be dismissed. Otherwise, the board of appeals shall conduct proceedings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as modified herein; (ii) The appealing party, whether it be the employee or appointing authority, bears the burden of proof during the Step III proceeding;
(A) Step I: The appealing employee must reduce the appeal to writing and file the appeal with the appealing employee's appointing authority. In the appeal, the employee must provide a statement detailing why the discipline issued was in error and should be overturned or reduced. The appointing authority or appointing authority's designee must conduct an investigation if necessary, meet with the employee, and issue a decision, in writing, no later than twenty (20) calendar days after the date the appointing authority receives the appeal. The appointing authority or designee shall provide to the employee in advance of the meeting a copy of all relevant evidence in the appointing authority's or designee's possession. The appointing authority or designee shall make all reasonable efforts to gather all relevant evidence that is germane to the meeting prior to conducting the meeting for purposes of providing the information to the employee. If evidence is part of an active criminal investigation or prosecution by a law enforcement agency, or is otherwise deemed confidential under existing law, then the evidence must not be provided in advance of the hearing; provided, that the employee must be presented with the evidence during the meeting if the evidence will be relied upon by the appointing authority for purposes of issuing a decision. If applicable, the employee must acknowledge in writing that the employee was presented with the evidence. Unless otherwise provided for in this section, all evidence in possession of the appointing authority or designee prior to the meeting that was not provided to the employee in accordance with this subdivision (g)(1)(A) must not be considered by the appointing authority for purposes of issuing a decision. Prior to issuing a decision, the appointing authority or designee may independently collect new evidence regarding a factual issue raised during a proceeding under Step I. If the appointing authority or designee independently collects new evidence, then the appointing authority or designee must provide a copy of the new evidence, as soon as practicable, to the employee. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with the evidence. The employee, not later than three (3) business days after receiving the evidence, may submit a response to the appointing authority or designee in support of opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The appointing authority or designee must not issue a decision until the employee has been afforded the opportunity to respond to all new evidence in accordance with this subdivision (g)(1)(A), unless doing so violates the twenty-calendar-day timeframe;
(B) (i) Step II: If the appointing authority or designee does not find in favor of the employee or does not issue a timely decision, then the employee may appeal to the commissioner of human resources by filing the appeal no later than fourteen (14) calendar days after the date of the appointing authority's written decision or, in the case of a failure to issue a timely decision, the date on which the appointing authority's written decision was due. The commissioner of human resources must review the appeal and the appointing authority's decision, if any, and issue a decision in writing no later than thirty (30) calendar days after the date the appeal was filed with the commissioner. Prior to issuing a decision, the commissioner may independently collect new evidence regarding factual issues raised during a proceeding under Step I. If the commissioner independently collects such evidence, then the commissioner must provide a copy of the evidence to the employee as soon as practicable. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with such evidence. No later than three (3) business days after receiving the evidence, the employee may submit a response to the commissioner in support of or opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The commissioner shall not issue a decision until the employee has been afforded the opportunity to respond to all new evidence or information in accordance with this subdivision (g)(1)(B)(i), unless doing so violates the thirty-calendar-day timeframe; (ii) At Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the Step I decision was in error and ought to be overturned, reduced, or amended. If there was not a timely Step I decision, then at Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the original dismissal, demotion, or suspension was in error and ought to be overturned, reduced, or amended. The written justification must specifically address the employee's individual circumstances and the merits of the Step I decision, if applicable. An employee failing to provide a written justification to the commissioner is not eligible to appeal to Step III.
(i) Step II: If the appointing authority or designee does not find in favor of the employee or does not issue a timely decision, then the employee may appeal to the commissioner of human resources by filing the appeal no later than fourteen (14) calendar days after the date of the appointing authority's written decision or, in the case of a failure to issue a timely decision, the date on which the appointing authority's written decision was due. The commissioner of human resources must review the appeal and the appointing authority's decision, if any, and issue a decision in writing no later than thirty (30) calendar days after the date the appeal was filed with the commissioner. Prior to issuing a decision, the commissioner may independently collect new evidence regarding factual issues raised during a proceeding under Step I. If the commissioner independently collects such evidence, then the commissioner must provide a copy of the evidence to the employee as soon as practicable. Copies of confidential evidence must not be distributed to the employee, but the employee must be afforded an opportunity to be presented with such evidence. No later than three (3) business days after receiving the evidence, the employee may submit a response to the commissioner in support of or opposition to the new evidence, and may include with the response other evidence obtained by the employee relating to the response. The commissioner shall not issue a decision until the employee has been afforded the opportunity to respond to all new evidence or information in accordance with this subdivision (g)(1)(B)(i), unless doing so violates the thirty-calendar-day timeframe;
(ii) At Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the Step I decision was in error and ought to be overturned, reduced, or amended. If there was not a timely Step I decision, then at Step II, it is the duty of the employee to provide a written justification to the commissioner describing why the employee believes the original dismissal, demotion, or suspension was in error and ought to be overturned, reduced, or amended. The written justification must specifically address the employee's individual circumstances and the merits of the Step I decision, if applicable. An employee failing to provide a written justification to the commissioner is not eligible to appeal to Step III.
(C) (i) Step III: Subject to the prohibition in subdivision (g)(1)(B)(ii), an employee or an appointing authority may appeal the commissioner's Step II decision in writing to the board of appeals no later than fourteen (14) calendar days after receiving written notice of the decision. Subject to the prohibition in subdivision (g)(1)(B)(ii), and in the event that the commissioner does not issue a timely Step II decision, then an employee may appeal the decision of the appointing authority in writing to the board of appeals no later than fourteen (14) calendar days after the date on which the commissioner's Step II decision was due. Within ten (10) calendar days after the receipt of the appeal, the administrative law judge assigned to assist the board of appeals in the proceedings related to the appeal shall determine whether the appealing party timely satisfied all procedural requirements. If the appealing party did not timely satisfy a procedural requirement, then the appeal must be dismissed. Otherwise, the board of appeals shall conduct proceedings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as modified herein; (ii) The appealing party, whether it be the employee or appointing authority, bears the burden of proof during the Step III proceeding;
(i) Step III: Subject to the prohibition in subdivision (g)(1)(B)(ii), an employee or an appointing authority may appeal the commissioner's Step II decision in writing to the board of appeals no later than fourteen (14) calendar days after receiving written notice of the decision. Subject to the prohibition in subdivision (g)(1)(B)(ii), and in the event that the commissioner does not issue a timely Step II decision, then an employee may appeal the decision of the appointing authority in writing to the board of appeals no later than fourteen (14) calendar days after the date on which the commissioner's Step II decision was due. Within ten (10) calendar days after the receipt of the appeal, the administrative law judge assigned to assist the board of appeals in the proceedings related to the appeal shall determine whether the appealing party timely satisfied all procedural requirements. If the appealing party did not timely satisfy a procedural requirement, then the appeal must be dismissed. Otherwise, the board of appeals shall conduct proceedings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as modified herein;
(ii) The appealing party, whether it be the employee or appointing authority, bears the burden of proof during the Step III proceeding;
(2) Each hearing under this chapter must occur before a panel of at least three (3) members of the board of appeals, assisted by one (1) administrative law judge (ALJ). The ALJ shall assist at the hearing by ruling on questions regarding the admissibility of evidence, swearing-in of witnesses, advising members of the board of appeals on the law of the case, and ensuring that the proceedings are carried out in accordance with this chapter and other applicable law. At no time must the ALJ take part in the determination of a question of fact. An ALJ, upon timely motion, may decide a procedural question of law;
(3) The board of appeals shall issue a final decision in a proceeding no later than one hundred twenty (120) calendar days after the date of the filing of the appeal with the board of appeals unless an extension has been granted in accordance with subdivision (h)(5).
(h) In order to ensure that the board of appeals issues its final decision no later than one hundred twenty (120) days after the date of the filing of the appeal, the following conditions shall be imposed on hearings before the board of appeals: (1) The parties shall participate in a pre-hearing conference no later than twenty (20) days after the filing of the appeal. At the pre-hearing conference, a date must be set on which the hearing before the board of appeals will be held; (2) All discovery must be completed no later than sixty (60) days after the filing of the appeal; (3) All motions, both dispositive and non-dispositive, must be ruled on no later than thirty (30) days before the date of the hearing; (4) The department shall forward the record of the case, which consists of the Step I appeal, the Step I decision, the Step II appeal and the commissioner's Step II decision, to sitting board members prior to the Step III meeting for preliminary review. Evidentiary attachments to the aforementioned documents shall not be considered part of the record and shall not be submitted to the board members prior to the Step III hearing; (5) An extension to a deadline provided herein must only be granted in extraordinary circumstances and with the agreement of both parties. In any event, an extension for the board of appeals to issue a Step III decision must not extend beyond one hundred forty (140) calendar days; (6) Continuances of the hearing before the board of appeals may be granted only in extraordinary circumstances, as determined by the board of appeals or the ALJ; and (7) Neither party shall be entitled to a petition for reconsideration under § 4-5-317 .
(1) The parties shall participate in a pre-hearing conference no later than twenty (20) days after the filing of the appeal. At the pre-hearing conference, a date must be set on which the hearing before the board of appeals will be held;
(2) All discovery must be completed no later than sixty (60) days after the filing of the appeal;
(3) All motions, both dispositive and non-dispositive, must be ruled on no later than thirty (30) days before the date of the hearing;
(4) The department shall forward the record of the case, which consists of the Step I appeal, the Step I decision, the Step II appeal and the commissioner's Step II decision, to sitting board members prior to the Step III meeting for preliminary review. Evidentiary attachments to the aforementioned documents shall not be considered part of the record and shall not be submitted to the board members prior to the Step III hearing;
(5) An extension to a deadline provided herein must only be granted in extraordinary circumstances and with the agreement of both parties. In any event, an extension for the board of appeals to issue a Step III decision must not extend beyond one hundred forty (140) calendar days;
(6) Continuances of the hearing before the board of appeals may be granted only in extraordinary circumstances, as determined by the board of appeals or the ALJ; and
(7) Neither party shall be entitled to a petition for reconsideration under § 4-5-317 .
(i) Decisions of the board of appeals are subject to judicial review in accordance with the Uniform Administrative Procedures Act and the rules and regulations promulgated thereunder, in each case as amended in this chapter.
(j) The board of appeals may award attorney's fees and costs to a successfully appealing employee. The commissioner shall establish by rule the manner in which those fees shall be determined. The unsuccessful party or other state agency shall pay any fees or costs awarded under this subsection (j).
(k) If the employee is successful in obtaining reinstatement to a position from which the employee has been terminated, the employee shall be reinstated to a position in the county in which the employee was employed at the time of termination. The commissioner may grant exceptions on a case-by-case basis.
(l) In any case in which a successful employee has been awarded reinstatement, back pay or attorney's fees, the agency involved shall have a period of thirty (30) days from the date of the final order within which to provide reinstatement, back pay and/or attorney's fees.
(m) An employee who does not appear, personally, electronically or through the appearance of counsel, for a hearing before the board of appeals waives the employee's hearing at Step III. The board shall enter a default judgment against the employee and the decision of the commissioner at Step II shall become final. In no instance shall the board of appeals proceed with the Step III hearing without the presence of the employee personally, electronically, or through the appearance of counsel.
(n) An order of the board of appeals is considered final upon execution by the presiding board member. Neither settlement agreements issued voluntarily by the parties nor decisions rendered by the board require a signature of the administrative law judge to be considered final. Once executed, the department shall forward a copy to the administrative procedures division for record purposes.
(o) The parties in a Step I appeal may make an audio tape recording of the proceeding.
(p) In a Step I appeal, if more than one (1) representative of the state agency, excluding the hearing officer, is in attendance, then the employee may have a non-lawyer representative participate in the appeal.
Amended by 2022 Tenn. Acts, ch. 655, Secs.s 17, s 18, s 19, s 20, s 21, s 22, s 23, s 24, s 25, s 26 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 655, s 16, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 904, Secs.s 1, s 2, s 3 eff. 5/3/2018.
Amended by 2016 Tenn. Acts, ch. 837, Secs.s 1, s 2, s 3, s 4 eff. 4/21/2016.
Amended by 2014 Tenn. Acts, ch. 701, s 1, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 689, Secs.s 4, s 5, s 6 eff. 4/15/2014.
Acts 2012 , ch. 800, § 39.
Tenn. Code Ann. § 8-14-107 — TN Code / Title 8 / Chapter 14 / Section 8-14-107
Compensation
Status: in_force

(a) Effective July 1, 1994, the salary for district public defenders shall be an amount equal to eighty-eight percent (88%) of the salary established by law for district attorneys general. Effective July 1, 1995, the salary for district public defenders shall be an amount equal to the salary established by law for district attorneys general. On March 1, 2018, the base salary for district public defenders shall be one hundred fifty-six thousand twenty-four dollars ($156,024) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act. On June 30, 2024, the base salary for the district public defenders shall be two hundred five thousand three hundred twenty-eight dollars ($205,328) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act. (b) (1) A full-time assistant district public defender shall be compensated beginning July 1, 2023, according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act: Entry level.................... $63,853 after one (1) year.................... $67,868 after two (2) years.................... $71,857 after three (3) years.................... $75,928 after four (4) years.................... $79,943 after five (5) years.................... $83,918 after six (6) years.................... $87,934 after seven (7) years.................... $91,977 after eight (8) years.................... $96,034 after nine (9) years.................... $100,009 after ten (10) years.................... $104,038 after eleven (11) years.................... $108,054 after twelve (12) years.................... $112,001 after thirteen (13) years.................... $116,017 after fourteen (14) years.................... $120,032 after fifteen (15) years.................... $124,021 after sixteen (16) years.................... $128,050 after seventeen (17) years.................... $131,680 after eighteen (18) years.................... $135,226 after nineteen (19) years.................... $138,607 after twenty (20) years.................... $141,823 after twenty-one (21) years.................... $146,501 after twenty-two (22) years.................... $151,331 after twenty-three (23) years.................... $156,299 after twenty-four (24) years.................... $161,833 after twenty-five (25) years.................... $167,325 (2) The salary levels for assistant district public defenders shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. (3) The executive director of the Tennessee district public defenders conference shall certify the entry level of compensation awarded to assistant district public defenders based on prior service credits. Subject to the approval of the district public defender, assistant district public defenders shall be entitled to prior service credits as follows: (A) Any assistant district public defender who has prior experience as an assistant district public defender, an assistant district attorney general, a district public defender, a district attorney general, a criminal investigator for the district public defenders, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney who served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction or an attorney who as a commissioned officer worked as a military attorney in the field of criminal defense or criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district public defender, and subject to the approval of the executive director of the Tennessee district public defenders conference; and (B) The executive director of the Tennessee district public defenders conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years. (4) Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010. (5) The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included. (6) The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2019. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2009, through June 30, 2010, is included. (c) (1) Effective July 1, 2023, all full-time district investigators shall be compensated according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act: Entry level.................... $43,180 after two (2) years.................... $46,471 after four (4) years.................... $48,944 after six (6) years.................... $52,444 after eight (8) years.................... $55,982 after ten (10) years.................... $59,276 after twelve (12) years.................... $62,963 after fourteen (14) years.................... $66,196 after sixteen (16) years.................... $69,822 after eighteen (18) years.................... $76,428 after twenty (20) years.................... $80,532 (2) The salary levels for district investigators shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. (3) The executive director of the district public defenders conference shall certify the level of compensation awarded to district investigators based on prior service credits. Subject to the approval of the district public defender, district investigators are entitled to the same prior service credits as allowed criminal investigators for the district attorneys general in § 8-7-231 , as well as relevant experience as a criminal defense investigator. (4) If a district public defender having a vacant district investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district public defender, the appointee may, upon recommendation of the appointing district public defender, with approval of the executive committee of the district public defenders conference be compensated as an assistant district public defender as provided for in subsection (b). (5) Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010. (6) The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included. (7) The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2020. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2009, through June 30, 2010, is included. Amended by 2024 Tenn. Acts, ch. 974,s 2, eff. 5/21/2024. Amended by 2023 Tenn. Acts, ch. 460, s 4, eff. 6/30/2023. Amended by 2023 Tenn. Acts, ch. 460, s 3, eff. 6/30/2023. Amended by 2022 Tenn. Acts, ch. 1122, Secs.s 2, s 3, s 5 eff. 6/1/2022. Amended by 2020 Tenn. Acts, ch. 757, s 1, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 202, s 3, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 386, s 1, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 899, Secs.s 2, s 3, s 6 eff. 5/3/2018. Amended by 2017 Tenn. Acts, ch. 461, s 8, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 461, s 7, eff. 7/1/2017. Acts 1989, ch. 588, § 8; 1994, ch. 1007, §§ 1-3; 1996, ch. 610, § 4; 1999, ch. 165, §§ 2 - 4; 2003 , ch. 355, §§ 7, 8, 14; 2004, ch. 819, § 1; 2006, ch. 969, § 1; 2007 , ch. 544, § 1; 2009 , ch. 531, §§ 24 - 26.
(a) Effective July 1, 1994, the salary for district public defenders shall be an amount equal to eighty-eight percent (88%) of the salary established by law for district attorneys general. Effective July 1, 1995, the salary for district public defenders shall be an amount equal to the salary established by law for district attorneys general. On March 1, 2018, the base salary for district public defenders shall be one hundred fifty-six thousand twenty-four dollars ($156,024) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act. On June 30, 2024, the base salary for the district public defenders shall be two hundred five thousand three hundred twenty-eight dollars ($205,328) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act.
(b) (1) A full-time assistant district public defender shall be compensated beginning July 1, 2023, according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act: Entry level.................... $63,853 after one (1) year.................... $67,868 after two (2) years.................... $71,857 after three (3) years.................... $75,928 after four (4) years.................... $79,943 after five (5) years.................... $83,918 after six (6) years.................... $87,934 after seven (7) years.................... $91,977 after eight (8) years.................... $96,034 after nine (9) years.................... $100,009 after ten (10) years.................... $104,038 after eleven (11) years.................... $108,054 after twelve (12) years.................... $112,001 after thirteen (13) years.................... $116,017 after fourteen (14) years.................... $120,032 after fifteen (15) years.................... $124,021 after sixteen (16) years.................... $128,050 after seventeen (17) years.................... $131,680 after eighteen (18) years.................... $135,226 after nineteen (19) years.................... $138,607 after twenty (20) years.................... $141,823 after twenty-one (21) years.................... $146,501 after twenty-two (22) years.................... $151,331 after twenty-three (23) years.................... $156,299 after twenty-four (24) years.................... $161,833 after twenty-five (25) years.................... $167,325 (2) The salary levels for assistant district public defenders shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. (3) The executive director of the Tennessee district public defenders conference shall certify the entry level of compensation awarded to assistant district public defenders based on prior service credits. Subject to the approval of the district public defender, assistant district public defenders shall be entitled to prior service credits as follows: (A) Any assistant district public defender who has prior experience as an assistant district public defender, an assistant district attorney general, a district public defender, a district attorney general, a criminal investigator for the district public defenders, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney who served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction or an attorney who as a commissioned officer worked as a military attorney in the field of criminal defense or criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district public defender, and subject to the approval of the executive director of the Tennessee district public defenders conference; and (B) The executive director of the Tennessee district public defenders conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years. (4) Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010. (5) The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included. (6) The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2019. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2009, through June 30, 2010, is included.
(1) A full-time assistant district public defender shall be compensated beginning July 1, 2023, according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act: Entry level.................... $63,853 after one (1) year.................... $67,868 after two (2) years.................... $71,857 after three (3) years.................... $75,928 after four (4) years.................... $79,943 after five (5) years.................... $83,918 after six (6) years.................... $87,934 after seven (7) years.................... $91,977 after eight (8) years.................... $96,034 after nine (9) years.................... $100,009 after ten (10) years.................... $104,038 after eleven (11) years.................... $108,054 after twelve (12) years.................... $112,001 after thirteen (13) years.................... $116,017 after fourteen (14) years.................... $120,032 after fifteen (15) years.................... $124,021 after sixteen (16) years.................... $128,050 after seventeen (17) years.................... $131,680 after eighteen (18) years.................... $135,226 after nineteen (19) years.................... $138,607 after twenty (20) years.................... $141,823 after twenty-one (21) years.................... $146,501 after twenty-two (22) years.................... $151,331 after twenty-three (23) years.................... $156,299 after twenty-four (24) years.................... $161,833 after twenty-five (25) years.................... $167,325
Entry level.................... $63,853 after one (1) year.................... $67,868 after two (2) years.................... $71,857 after three (3) years.................... $75,928 after four (4) years.................... $79,943 after five (5) years.................... $83,918 after six (6) years.................... $87,934 after seven (7) years.................... $91,977 after eight (8) years.................... $96,034 after nine (9) years.................... $100,009 after ten (10) years.................... $104,038 after eleven (11) years.................... $108,054 after twelve (12) years.................... $112,001 after thirteen (13) years.................... $116,017 after fourteen (14) years.................... $120,032 after fifteen (15) years.................... $124,021 after sixteen (16) years.................... $128,050 after seventeen (17) years.................... $131,680 after eighteen (18) years.................... $135,226 after nineteen (19) years.................... $138,607 after twenty (20) years.................... $141,823 after twenty-one (21) years.................... $146,501 after twenty-two (22) years.................... $151,331 after twenty-three (23) years.................... $156,299 after twenty-four (24) years.................... $161,833 after twenty-five (25) years.................... $167,325
Entry level....................
$63,853
after one (1) year....................
$67,868
after two (2) years....................
$71,857
after three (3) years....................
$75,928
after four (4) years....................
$79,943
after five (5) years....................
$83,918
after six (6) years....................
$87,934
after seven (7) years....................
$91,977
after eight (8) years....................
$96,034
after nine (9) years....................
$100,009
after ten (10) years....................
$104,038
after eleven (11) years....................
$108,054
after twelve (12) years....................
$112,001
after thirteen (13) years....................
$116,017
after fourteen (14) years....................
$120,032
after fifteen (15) years....................
$124,021
after sixteen (16) years....................
$128,050
after seventeen (17) years....................
$131,680
after eighteen (18) years....................
$135,226
after nineteen (19) years....................
$138,607
after twenty (20) years....................
$141,823
after twenty-one (21) years....................
$146,501
after twenty-two (22) years....................
$151,331
after twenty-three (23) years....................
$156,299
after twenty-four (24) years....................
$161,833
after twenty-five (25) years....................
$167,325
(2) The salary levels for assistant district public defenders shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees.
(3) The executive director of the Tennessee district public defenders conference shall certify the entry level of compensation awarded to assistant district public defenders based on prior service credits. Subject to the approval of the district public defender, assistant district public defenders shall be entitled to prior service credits as follows: (A) Any assistant district public defender who has prior experience as an assistant district public defender, an assistant district attorney general, a district public defender, a district attorney general, a criminal investigator for the district public defenders, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney who served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction or an attorney who as a commissioned officer worked as a military attorney in the field of criminal defense or criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district public defender, and subject to the approval of the executive director of the Tennessee district public defenders conference; and (B) The executive director of the Tennessee district public defenders conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years.
(A) Any assistant district public defender who has prior experience as an assistant district public defender, an assistant district attorney general, a district public defender, a district attorney general, a criminal investigator for the district public defenders, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney who served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction or an attorney who as a commissioned officer worked as a military attorney in the field of criminal defense or criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district public defender, and subject to the approval of the executive director of the Tennessee district public defenders conference; and
(B) The executive director of the Tennessee district public defenders conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years.
(4) Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (b)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.
(5) The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
(6) The salary increase provided by subdivision (b)(1), and suspended by subdivision (b)(4) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2019. For purposes of determining the appropriate salary classification for assistant district public defenders, credible service for the time period of July 1, 2009, through June 30, 2010, is included.
(c) (1) Effective July 1, 2023, all full-time district investigators shall be compensated according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act: Entry level.................... $43,180 after two (2) years.................... $46,471 after four (4) years.................... $48,944 after six (6) years.................... $52,444 after eight (8) years.................... $55,982 after ten (10) years.................... $59,276 after twelve (12) years.................... $62,963 after fourteen (14) years.................... $66,196 after sixteen (16) years.................... $69,822 after eighteen (18) years.................... $76,428 after twenty (20) years.................... $80,532 (2) The salary levels for district investigators shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. (3) The executive director of the district public defenders conference shall certify the level of compensation awarded to district investigators based on prior service credits. Subject to the approval of the district public defender, district investigators are entitled to the same prior service credits as allowed criminal investigators for the district attorneys general in § 8-7-231 , as well as relevant experience as a criminal defense investigator. (4) If a district public defender having a vacant district investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district public defender, the appointee may, upon recommendation of the appointing district public defender, with approval of the executive committee of the district public defenders conference be compensated as an assistant district public defender as provided for in subsection (b). (5) Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010. (6) The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included. (7) The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2020. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2009, through June 30, 2010, is included.
(1) Effective July 1, 2023, all full-time district investigators shall be compensated according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act: Entry level.................... $43,180 after two (2) years.................... $46,471 after four (4) years.................... $48,944 after six (6) years.................... $52,444 after eight (8) years.................... $55,982 after ten (10) years.................... $59,276 after twelve (12) years.................... $62,963 after fourteen (14) years.................... $66,196 after sixteen (16) years.................... $69,822 after eighteen (18) years.................... $76,428 after twenty (20) years.................... $80,532
Entry level.................... $43,180 after two (2) years.................... $46,471 after four (4) years.................... $48,944 after six (6) years.................... $52,444 after eight (8) years.................... $55,982 after ten (10) years.................... $59,276 after twelve (12) years.................... $62,963 after fourteen (14) years.................... $66,196 after sixteen (16) years.................... $69,822 after eighteen (18) years.................... $76,428 after twenty (20) years.................... $80,532
Entry level....................
$43,180
after two (2) years....................
$46,471
after four (4) years....................
$48,944
after six (6) years....................
$52,444
after eight (8) years....................
$55,982
after ten (10) years....................
$59,276
after twelve (12) years....................
$62,963
after fourteen (14) years....................
$66,196
after sixteen (16) years....................
$69,822
after eighteen (18) years....................
$76,428
after twenty (20) years....................
$80,532
(2) The salary levels for district investigators shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees.
(3) The executive director of the district public defenders conference shall certify the level of compensation awarded to district investigators based on prior service credits. Subject to the approval of the district public defender, district investigators are entitled to the same prior service credits as allowed criminal investigators for the district attorneys general in § 8-7-231 , as well as relevant experience as a criminal defense investigator.
(4) If a district public defender having a vacant district investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district public defender, the appointee may, upon recommendation of the appointing district public defender, with approval of the executive committee of the district public defenders conference be compensated as an assistant district public defender as provided for in subsection (b).
(5) Implementation of salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in subdivision (c)(1) shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.
(6) The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
(7) The salary increase provided by subdivision (c)(1), and suspended by subdivision (c)(5) for the period July 1, 2009, through June 30, 2010, is reinstated effective July 1, 2020. For purposes of determining the appropriate salary classification for district public defender investigators, credible service for the time period of July 1, 2009, through June 30, 2010, is included.
Amended by 2024 Tenn. Acts, ch. 974,s 2, eff. 5/21/2024.
Amended by 2023 Tenn. Acts, ch. 460, s 4, eff. 6/30/2023.
Amended by 2023 Tenn. Acts, ch. 460, s 3, eff. 6/30/2023.
Amended by 2022 Tenn. Acts, ch. 1122, Secs.s 2, s 3, s 5 eff. 6/1/2022.
Amended by 2020 Tenn. Acts, ch. 757, s 1, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 202, s 3, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 386, s 1, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 899, Secs.s 2, s 3, s 6 eff. 5/3/2018.
Amended by 2017 Tenn. Acts, ch. 461, s 8, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 461, s 7, eff. 7/1/2017.
Acts 1989, ch. 588, § 8; 1994, ch. 1007, §§ 1-3; 1996, ch. 610, § 4; 1999, ch. 165, §§ 2 - 4; 2003 , ch. 355, §§ 7, 8, 14; 2004, ch. 819, § 1; 2006, ch. 969, § 1; 2007 , ch. 544, § 1; 2009 , ch. 531, §§ 24 - 26.
Tenn. Code Ann. § 8-8-410 — TN Code / Title 8 / Chapter 8 / Section 8-8-410
Preliminary or performance tests required - Exceptions
Status: in_force

(a) All persons in the employ of the office of the sheriff or classified service positions at the time this part becomes operative, who have served for a period longer than six (6) months, shall be retained without preliminary or performance tests, but shall thereafter be subject in all other respects to this part. Any other persons in the classified service at the time this part becomes operative shall be regarded as holding their positions under provisional appointment. (b) Upon the expiration of a contract by a private contractor to operate a detention facility for a county which has adopted this part, the county sheriff's department may assume responsibility of the operation of such facility and may accept the transfer of any or all employees of the private contractor at the facility to employment by the sheriff's department. At the request of the sheriff to the county legislative body and upon a two-thirds (2/3) vote of the county legislative body, those transferring employees with a period of employment longer than six (6) months at the facility prior to transfer shall be retained without preliminary or performance tests, but shall thereafter be subject in all other respects to this part. Acts 1974, ch. 751, § 10; T.C.A., § 8-849; Acts 1991, ch. 367, § 1.
(a) All persons in the employ of the office of the sheriff or classified service positions at the time this part becomes operative, who have served for a period longer than six (6) months, shall be retained without preliminary or performance tests, but shall thereafter be subject in all other respects to this part. Any other persons in the classified service at the time this part becomes operative shall be regarded as holding their positions under provisional appointment.
(b) Upon the expiration of a contract by a private contractor to operate a detention facility for a county which has adopted this part, the county sheriff's department may assume responsibility of the operation of such facility and may accept the transfer of any or all employees of the private contractor at the facility to employment by the sheriff's department. At the request of the sheriff to the county legislative body and upon a two-thirds (2/3) vote of the county legislative body, those transferring employees with a period of employment longer than six (6) months at the facility prior to transfer shall be retained without preliminary or performance tests, but shall thereafter be subject in all other respects to this part.
Acts 1974, ch. 751, § 10; T.C.A., § 8-849; Acts 1991, ch. 367, § 1.
Tenn. Code Ann. § 8-8-108 — TN Code / Title 8 / Chapter 8 / Section 8-8-108
Deputies acting during vacancy - Appointment of persons to serve process - Legislative adoption of service of process alternatives
Status: in_force

(a) (1) In case of a vacancy in the office of sheriff, the deputies, or other authorized process servers except in counties specified in subdivision (a)(2), shall execute legal process in their hands as if the sheriff had continued in office, and shall be liable under law as in other cases. (2) The provisions of subdivision (a)(1) relative to other authorized process servers shall not apply in the counties having a population of: not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000 according to the 1980 federal census or any subsequent census. (b) (1) The judge of a court of record or a general sessions judge may, upon petition filed by five (5) attorneys practicing before the court that they are unable to obtain reasonably prompt service of process from the court, appoint a person of legal age to serve any process or other papers, original or final, issued by the court, or do any act therein which the sheriff by law might do in any cause, except that such person shall not be authorized to serve process requiring the arrest of any person. (2) Such appointment shall be made in writing under the hand of the judge and filed with the clerk of the court. (3) The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties. (4) The fees payable to such person shall be the same as those paid to the sheriff by virtue of the law in that behalf for like service, and limited as deputy sheriff fees are limited. However, in any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, such fees shall not be counted as court costs, but shall be awarded by the court as a part of the judgment. (5) Such judge shall require the person so appointed, before acting, to give bond to the state for the benefit of the people of the state in the penal sum of five thousand dollars ($5,000) with such surety or sureties as such judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment. In any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, the person so appointed shall be required to give bond to the state for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment. (6) All process or papers served by the person appointed as provided in this subsection (b) shall be evidenced by the affidavit of such person making such service. (7) Every person appointed as provided in this subsection (b) shall be liable in all respects to the law as respecting sheriffs so far as same may be applicable. (8) In any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census: (A) The collection of fees for such private process service shall be solely the responsibility of the person serving the process; (B) The judges of the courts of general sessions shall promulgate rules of court to govern the application of this subsection (b) in their county; and (C) These rules established by the court shall include, but not be limited to, a requirement that the process server shall have a computer capability approved by the general sessions court clerk. (9) In counties having a home rule charter form of government and where private process servers are appointed in general sessions court, the maximum fees allowed shall be established by an ordinance of the county board of commissioners. This subdivision (b)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the board of commissioners of any such home rule county. (c) (1) A person to serve process shall be appointed upon the petition of five (5) attorneys practicing before the general sessions court requesting appointment of persons to serve process. Such petition shall be filed with the county clerk and shall attest to the fact that the attorneys are unable to obtain reasonable, prompt service from the general sessions court. A person requesting appointment to serve process must file a petition with the county clerk requesting such appointment. A person appointed to serve process must be of legal age and be qualified to serve any process or other papers issued by the general sessions court or to do any act which the sheriff might do in serving process, except that such person shall not be authorized to serve process requiring the arrest of any person. The county clerk shall approve the petition to allow a person to serve process after a background check by the Tennessee bureau of investigation and the county sheriff's office has been completed. The county clerk shall administer an oath to the petitioner to uphold the laws of this state and the constitutions of the United States and Tennessee. A petitioner shall pay a fee not to exceed one hundred dollars ($100) to the county clerk for the cost of the background checks. (2) Such appointment shall be made in writing under the hand of the county clerk. (3) The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties. (4) The fees payable to the person appointed to serve process shall be counted as court costs. (5) The person so appointed shall be required to give bond to the state for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the county clerk may approve, conditioned for the faithful performance and execution by such person of that person's duties and for the payment of all moneys that may come into that person's hands by virtue of such appointment. (6) All process or papers served by the person appointed as provided in this subsection (c) shall be evidenced by the affidavit of such person making such service. (7) Every person appointed as provided in this subsection (c) is liable in all respects to the law as respecting sheriffs so far as it may be applicable. (8) (A) The collection of fees for such private process service is solely the responsibility of the person serving the process; (B) The county clerk has the power to suspend any person appointed to serve process who has violated the state or city laws governing the laws pertaining to civil process; and (C) The process server shall have computer capability approved by the general sessions court clerk. (9) The maximum fees allowed pursuant to this subsection (c) shall be established by ordinance of the county legislative body of any county to which this subsection (c) applies. This subdivision (c)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the legislative body of any county to which this subsection (c) applies. (10) Notwithstanding subsection (b), this subsection (c) applies only to counties with a charter form of government with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and only upon the adoption of this subsection (c) by a two-thirds (2/3) vote of the legislative body of any county to which it applies. (d) (1) Notwithstanding the language of subsections (b) and (c) to the contrary, any county may adopt, by a two-thirds (2/3) vote of its legislative body, either subsection (b) or (c) to govern the service of process in courts of general sessions in such county. (2) Upon the adoption of either subsection by the county legislative body, the presiding officer of such body shall certify such adoption to the secretary of state and shall specify the subsection such county adopted. Upon receiving such certification, the secretary of state shall notify the presiding general sessions court judge of the county or the county clerk, whichever is appropriate, of such county's adoption of the appropriate subsection. Code 1858, § 370; Shan., § 460; Code 1932, § 707; Acts 1968, ch. 530, §§ 1-3; T.C.A. (orig. ed.), § 8-809; Acts 1987, ch. 338, §§ 1, 3-5; 1989, ch. 97, § 1; 1989, ch. 415, §§ 1-4; 1990, ch. 710, § 1; 1991, ch. 352, § 1; 1993, ch. 426, § 1; 1994, ch. 991, §§ 2, 3.
(a) (1) In case of a vacancy in the office of sheriff, the deputies, or other authorized process servers except in counties specified in subdivision (a)(2), shall execute legal process in their hands as if the sheriff had continued in office, and shall be liable under law as in other cases. (2) The provisions of subdivision (a)(1) relative to other authorized process servers shall not apply in the counties having a population of: not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000 according to the 1980 federal census or any subsequent census.
(1) In case of a vacancy in the office of sheriff, the deputies, or other authorized process servers except in counties specified in subdivision (a)(2), shall execute legal process in their hands as if the sheriff had continued in office, and shall be liable under law as in other cases.
(2) The provisions of subdivision (a)(1) relative to other authorized process servers shall not apply in the counties having a population of: not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000 according to the 1980 federal census or any subsequent census.
not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000
not less than
nor more than
41,800
41,900
85,725
85,825
143,900
144,000
287,000
288,000
according to the 1980 federal census or any subsequent census.
(b) (1) The judge of a court of record or a general sessions judge may, upon petition filed by five (5) attorneys practicing before the court that they are unable to obtain reasonably prompt service of process from the court, appoint a person of legal age to serve any process or other papers, original or final, issued by the court, or do any act therein which the sheriff by law might do in any cause, except that such person shall not be authorized to serve process requiring the arrest of any person. (2) Such appointment shall be made in writing under the hand of the judge and filed with the clerk of the court. (3) The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties. (4) The fees payable to such person shall be the same as those paid to the sheriff by virtue of the law in that behalf for like service, and limited as deputy sheriff fees are limited. However, in any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, such fees shall not be counted as court costs, but shall be awarded by the court as a part of the judgment. (5) Such judge shall require the person so appointed, before acting, to give bond to the state for the benefit of the people of the state in the penal sum of five thousand dollars ($5,000) with such surety or sureties as such judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment. In any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, the person so appointed shall be required to give bond to the state for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment. (6) All process or papers served by the person appointed as provided in this subsection (b) shall be evidenced by the affidavit of such person making such service. (7) Every person appointed as provided in this subsection (b) shall be liable in all respects to the law as respecting sheriffs so far as same may be applicable. (8) In any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census: (A) The collection of fees for such private process service shall be solely the responsibility of the person serving the process; (B) The judges of the courts of general sessions shall promulgate rules of court to govern the application of this subsection (b) in their county; and (C) These rules established by the court shall include, but not be limited to, a requirement that the process server shall have a computer capability approved by the general sessions court clerk. (9) In counties having a home rule charter form of government and where private process servers are appointed in general sessions court, the maximum fees allowed shall be established by an ordinance of the county board of commissioners. This subdivision (b)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the board of commissioners of any such home rule county.
(1) The judge of a court of record or a general sessions judge may, upon petition filed by five (5) attorneys practicing before the court that they are unable to obtain reasonably prompt service of process from the court, appoint a person of legal age to serve any process or other papers, original or final, issued by the court, or do any act therein which the sheriff by law might do in any cause, except that such person shall not be authorized to serve process requiring the arrest of any person.
(2) Such appointment shall be made in writing under the hand of the judge and filed with the clerk of the court.
(3) The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties.
(4) The fees payable to such person shall be the same as those paid to the sheriff by virtue of the law in that behalf for like service, and limited as deputy sheriff fees are limited. However, in any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, such fees shall not be counted as court costs, but shall be awarded by the court as a part of the judgment.
(5) Such judge shall require the person so appointed, before acting, to give bond to the state for the benefit of the people of the state in the penal sum of five thousand dollars ($5,000) with such surety or sureties as such judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment. In any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, the person so appointed shall be required to give bond to the state for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment.
(6) All process or papers served by the person appointed as provided in this subsection (b) shall be evidenced by the affidavit of such person making such service.
(7) Every person appointed as provided in this subsection (b) shall be liable in all respects to the law as respecting sheriffs so far as same may be applicable.
(8) In any county having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census: (A) The collection of fees for such private process service shall be solely the responsibility of the person serving the process; (B) The judges of the courts of general sessions shall promulgate rules of court to govern the application of this subsection (b) in their county; and (C) These rules established by the court shall include, but not be limited to, a requirement that the process server shall have a computer capability approved by the general sessions court clerk.
(A) The collection of fees for such private process service shall be solely the responsibility of the person serving the process;
(B) The judges of the courts of general sessions shall promulgate rules of court to govern the application of this subsection (b) in their county; and
(C) These rules established by the court shall include, but not be limited to, a requirement that the process server shall have a computer capability approved by the general sessions court clerk.
(9) In counties having a home rule charter form of government and where private process servers are appointed in general sessions court, the maximum fees allowed shall be established by an ordinance of the county board of commissioners. This subdivision (b)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the board of commissioners of any such home rule county.
(c) (1) A person to serve process shall be appointed upon the petition of five (5) attorneys practicing before the general sessions court requesting appointment of persons to serve process. Such petition shall be filed with the county clerk and shall attest to the fact that the attorneys are unable to obtain reasonable, prompt service from the general sessions court. A person requesting appointment to serve process must file a petition with the county clerk requesting such appointment. A person appointed to serve process must be of legal age and be qualified to serve any process or other papers issued by the general sessions court or to do any act which the sheriff might do in serving process, except that such person shall not be authorized to serve process requiring the arrest of any person. The county clerk shall approve the petition to allow a person to serve process after a background check by the Tennessee bureau of investigation and the county sheriff's office has been completed. The county clerk shall administer an oath to the petitioner to uphold the laws of this state and the constitutions of the United States and Tennessee. A petitioner shall pay a fee not to exceed one hundred dollars ($100) to the county clerk for the cost of the background checks. (2) Such appointment shall be made in writing under the hand of the county clerk. (3) The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties. (4) The fees payable to the person appointed to serve process shall be counted as court costs. (5) The person so appointed shall be required to give bond to the state for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the county clerk may approve, conditioned for the faithful performance and execution by such person of that person's duties and for the payment of all moneys that may come into that person's hands by virtue of such appointment. (6) All process or papers served by the person appointed as provided in this subsection (c) shall be evidenced by the affidavit of such person making such service. (7) Every person appointed as provided in this subsection (c) is liable in all respects to the law as respecting sheriffs so far as it may be applicable. (8) (A) The collection of fees for such private process service is solely the responsibility of the person serving the process; (B) The county clerk has the power to suspend any person appointed to serve process who has violated the state or city laws governing the laws pertaining to civil process; and (C) The process server shall have computer capability approved by the general sessions court clerk. (9) The maximum fees allowed pursuant to this subsection (c) shall be established by ordinance of the county legislative body of any county to which this subsection (c) applies. This subdivision (c)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the legislative body of any county to which this subsection (c) applies. (10) Notwithstanding subsection (b), this subsection (c) applies only to counties with a charter form of government with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and only upon the adoption of this subsection (c) by a two-thirds (2/3) vote of the legislative body of any county to which it applies.
(1) A person to serve process shall be appointed upon the petition of five (5) attorneys practicing before the general sessions court requesting appointment of persons to serve process. Such petition shall be filed with the county clerk and shall attest to the fact that the attorneys are unable to obtain reasonable, prompt service from the general sessions court. A person requesting appointment to serve process must file a petition with the county clerk requesting such appointment. A person appointed to serve process must be of legal age and be qualified to serve any process or other papers issued by the general sessions court or to do any act which the sheriff might do in serving process, except that such person shall not be authorized to serve process requiring the arrest of any person. The county clerk shall approve the petition to allow a person to serve process after a background check by the Tennessee bureau of investigation and the county sheriff's office has been completed. The county clerk shall administer an oath to the petitioner to uphold the laws of this state and the constitutions of the United States and Tennessee. A petitioner shall pay a fee not to exceed one hundred dollars ($100) to the county clerk for the cost of the background checks.
(2) Such appointment shall be made in writing under the hand of the county clerk.
(3) The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties.
(4) The fees payable to the person appointed to serve process shall be counted as court costs.
(5) The person so appointed shall be required to give bond to the state for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the county clerk may approve, conditioned for the faithful performance and execution by such person of that person's duties and for the payment of all moneys that may come into that person's hands by virtue of such appointment.
(6) All process or papers served by the person appointed as provided in this subsection (c) shall be evidenced by the affidavit of such person making such service.
(7) Every person appointed as provided in this subsection (c) is liable in all respects to the law as respecting sheriffs so far as it may be applicable.
(8) (A) The collection of fees for such private process service is solely the responsibility of the person serving the process; (B) The county clerk has the power to suspend any person appointed to serve process who has violated the state or city laws governing the laws pertaining to civil process; and (C) The process server shall have computer capability approved by the general sessions court clerk.
(A) The collection of fees for such private process service is solely the responsibility of the person serving the process;
(B) The county clerk has the power to suspend any person appointed to serve process who has violated the state or city laws governing the laws pertaining to civil process; and
(C) The process server shall have computer capability approved by the general sessions court clerk.
(9) The maximum fees allowed pursuant to this subsection (c) shall be established by ordinance of the county legislative body of any county to which this subsection (c) applies. This subdivision (c)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the legislative body of any county to which this subsection (c) applies.
(10) Notwithstanding subsection (b), this subsection (c) applies only to counties with a charter form of government with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and only upon the adoption of this subsection (c) by a two-thirds (2/3) vote of the legislative body of any county to which it applies.
(d) (1) Notwithstanding the language of subsections (b) and (c) to the contrary, any county may adopt, by a two-thirds (2/3) vote of its legislative body, either subsection (b) or (c) to govern the service of process in courts of general sessions in such county. (2) Upon the adoption of either subsection by the county legislative body, the presiding officer of such body shall certify such adoption to the secretary of state and shall specify the subsection such county adopted. Upon receiving such certification, the secretary of state shall notify the presiding general sessions court judge of the county or the county clerk, whichever is appropriate, of such county's adoption of the appropriate subsection.
(1) Notwithstanding the language of subsections (b) and (c) to the contrary, any county may adopt, by a two-thirds (2/3) vote of its legislative body, either subsection (b) or (c) to govern the service of process in courts of general sessions in such county.
(2) Upon the adoption of either subsection by the county legislative body, the presiding officer of such body shall certify such adoption to the secretary of state and shall specify the subsection such county adopted. Upon receiving such certification, the secretary of state shall notify the presiding general sessions court judge of the county or the county clerk, whichever is appropriate, of such county's adoption of the appropriate subsection.
Code 1858, § 370; Shan., § 460; Code 1932, § 707; Acts 1968, ch. 530, §§ 1-3; T.C.A. (orig. ed.), § 8-809; Acts 1987, ch. 338, §§ 1, 3-5; 1989, ch. 97, § 1; 1989, ch. 415, §§ 1-4; 1990, ch. 710, § 1; 1991, ch. 352, § 1; 1993, ch. 426, § 1; 1994, ch. 991, §§ 2, 3.
Tenn. Code Ann. § 8-36-117 — TN Code / Title 8 / Chapter 36 / Section 8-36-117
Monthly benefit payments - Death of payee - Procedure for direct deposit or electronic transfer
Status: in_force

(a) Except for the month of December, 1999, monthly benefit payments shall be remitted to beneficiaries on the last working day of the month which shall represent payment for that month. Monthly benefit payments for the month of December, 1999, shall be remitted to beneficiaries on December 28, 1999, which shall represent payment for that month. "Remitted" means either to issue payment by first class mail or by direct deposit in an account at a financial institution selected by the beneficiary. (b) All monthly benefit payments shall cease in the month in which the payee dies, unless otherwise specifically provided for in chapters 34-37 of this title. If the payee was a retired member who did not elect an optional allowance pursuant to § 8-36-601 , a monthly benefit payment shall be issued for the month in which the retired member died and shall be payable to the person nominated as beneficiary by the member pursuant to § 8-36-121 . If no surviving beneficiary exists upon the retiree's death, the payment shall be made in accordance with § 8-36-120 . If the payee was a beneficiary receiving benefits under the terms of an optional allowance, a monthly benefit payment shall be issued for the month in which the beneficiary died and shall be paid in accordance with § 8-36-120 . (c) The board of trustees is hereby authorized to promulgate substantive and procedural rules and regulations requiring recipients of monthly benefits hereunder to be paid such benefits by direct deposit or by electronic transfer. Acts 1985, ch. 449, § 16; 1999, ch. 79, § 4; 2000, ch. 871, § 2; 2001, ch. 58, § 8.
(a) Except for the month of December, 1999, monthly benefit payments shall be remitted to beneficiaries on the last working day of the month which shall represent payment for that month. Monthly benefit payments for the month of December, 1999, shall be remitted to beneficiaries on December 28, 1999, which shall represent payment for that month. "Remitted" means either to issue payment by first class mail or by direct deposit in an account at a financial institution selected by the beneficiary.
(b) All monthly benefit payments shall cease in the month in which the payee dies, unless otherwise specifically provided for in chapters 34-37 of this title. If the payee was a retired member who did not elect an optional allowance pursuant to § 8-36-601 , a monthly benefit payment shall be issued for the month in which the retired member died and shall be payable to the person nominated as beneficiary by the member pursuant to § 8-36-121 . If no surviving beneficiary exists upon the retiree's death, the payment shall be made in accordance with § 8-36-120 . If the payee was a beneficiary receiving benefits under the terms of an optional allowance, a monthly benefit payment shall be issued for the month in which the beneficiary died and shall be paid in accordance with § 8-36-120 .
(c) The board of trustees is hereby authorized to promulgate substantive and procedural rules and regulations requiring recipients of monthly benefits hereunder to be paid such benefits by direct deposit or by electronic transfer.
Acts 1985, ch. 449, § 16; 1999, ch. 79, § 4; 2000, ch. 871, § 2; 2001, ch. 58, § 8.
Tenn. Code Ann. § 8-21-1201 — TN Code / Title 8 / Chapter 21 / Section 8-21-1201
Fees for services - When recordation required - Notaries employed by financial institutions
Status: in_force

(a) A notary public or the notary's employer is entitled to demand and receive reasonable fees and compensation for the notary's services. (b) If the notary or the notary's employer demands and receives a fee, the notary shall keep a record, either in an appropriate electronic form or in a well-bound book, of each of the notary's acts, attestations, protestations, and other instruments of publication. (c) (1) If the notary or the notary's employer does not demand or receive a fee for the notary's services, no recordation of the notary's acts, attestations, protestations, and other instruments of publication is required. (2) If the notary or the notary's employer demands and receives a fee for one (1) or more services but does not separately charge a fee for the notary services, then no recordation of the notary's acts, attestations, protestations, and other instruments of publication is required. (d) (1) If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, compiled in title 45, chapter 10, and the notary or employer of the notary charges a fee, and the services performed by the notary are part of the notary's duties and within the scope of the notary's employment, then access to the record shall be governed by the Financial Records Privacy Act, or the federal Right to Financial Privacy Act of 1978 ( 12 U.S.C. § 3401 et seq.), whichever is applicable. (2) If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, and the notary does not charge a fee for the services, then the records kept by the notary, if any, shall be considered records of the notary unless the financial institution adopts a written policy stating that such records are a record of the financial institution. In such case, access to the records shall be governed by the Financial Records Privacy Act or the federal Right to Financial Privacy Act of 1978, whichever is applicable. Amended by 2015 Tenn. Acts, ch. 76,s 1, eff. 4/6/2015. Amended by 2014 Tenn. Acts, ch. 805,s 5, eff. 10/1/2014. Code 1858, § 4575; Acts 1883, ch. 151, § 2; 1895, ch. 203, § 2; 1905, ch. 6, § 4; Shan., § 6414; mod. Code 1932, § 10715; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2142.
(a) A notary public or the notary's employer is entitled to demand and receive reasonable fees and compensation for the notary's services.
(b) If the notary or the notary's employer demands and receives a fee, the notary shall keep a record, either in an appropriate electronic form or in a well-bound book, of each of the notary's acts, attestations, protestations, and other instruments of publication.
(c) (1) If the notary or the notary's employer does not demand or receive a fee for the notary's services, no recordation of the notary's acts, attestations, protestations, and other instruments of publication is required. (2) If the notary or the notary's employer demands and receives a fee for one (1) or more services but does not separately charge a fee for the notary services, then no recordation of the notary's acts, attestations, protestations, and other instruments of publication is required.
(1) If the notary or the notary's employer does not demand or receive a fee for the notary's services, no recordation of the notary's acts, attestations, protestations, and other instruments of publication is required.
(2) If the notary or the notary's employer demands and receives a fee for one (1) or more services but does not separately charge a fee for the notary services, then no recordation of the notary's acts, attestations, protestations, and other instruments of publication is required.
(d) (1) If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, compiled in title 45, chapter 10, and the notary or employer of the notary charges a fee, and the services performed by the notary are part of the notary's duties and within the scope of the notary's employment, then access to the record shall be governed by the Financial Records Privacy Act, or the federal Right to Financial Privacy Act of 1978 ( 12 U.S.C. § 3401 et seq.), whichever is applicable. (2) If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, and the notary does not charge a fee for the services, then the records kept by the notary, if any, shall be considered records of the notary unless the financial institution adopts a written policy stating that such records are a record of the financial institution. In such case, access to the records shall be governed by the Financial Records Privacy Act or the federal Right to Financial Privacy Act of 1978, whichever is applicable.
(1) If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, compiled in title 45, chapter 10, and the notary or employer of the notary charges a fee, and the services performed by the notary are part of the notary's duties and within the scope of the notary's employment, then access to the record shall be governed by the Financial Records Privacy Act, or the federal Right to Financial Privacy Act of 1978 ( 12 U.S.C. § 3401 et seq.), whichever is applicable.
(2) If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, and the notary does not charge a fee for the services, then the records kept by the notary, if any, shall be considered records of the notary unless the financial institution adopts a written policy stating that such records are a record of the financial institution. In such case, access to the records shall be governed by the Financial Records Privacy Act or the federal Right to Financial Privacy Act of 1978, whichever is applicable.
Amended by 2015 Tenn. Acts, ch. 76,s 1, eff. 4/6/2015.
Amended by 2014 Tenn. Acts, ch. 805,s 5, eff. 10/1/2014.
Code 1858, § 4575; Acts 1883, ch. 151, § 2; 1895, ch. 203, § 2; 1905, ch. 6, § 4; Shan., § 6414; mod. Code 1932, § 10715; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2142.
Tenn. Code Ann. § 8-34-703 — TN Code / Title 8 / Chapter 34 / Section 8-34-703
Rights of prior class members preserved
Status: repealed

Any prior class member shall be entitled to benefits under the retirement system determined in accordance with the superseded system of which such member shall have been a member, as in effect on July 1, 1972, with the following modifications: (1) The rate of benefits applicable to the "average final compensation" of Class B members of the Tennessee teachers' retirement system and to the "average compensation" of Class B members of the Tennessee state retirement system shall be increased from one and three-fourths percent (1¾%) to one and seven-eighths percent (17/8%); (2) Sections 8-34-602(e) , 8-34-712 and this section shall apply to present members of Group 3 as well as members coming into Group 3 prior to September 1, 1974. Acts 1972, ch. 814, § 11; 1975, ch. 315, § 5; T.C.A., § 8-3935(4).
Any prior class member shall be entitled to benefits under the retirement system determined in accordance with the superseded system of which such member shall have been a member, as in effect on July 1, 1972, with the following modifications:
(1) The rate of benefits applicable to the "average final compensation" of Class B members of the Tennessee teachers' retirement system and to the "average compensation" of Class B members of the Tennessee state retirement system shall be increased from one and three-fourths percent (1¾%) to one and seven-eighths percent (17/8%);
(2) Sections 8-34-602(e) , 8-34-712 and this section shall apply to present members of Group 3 as well as members coming into Group 3 prior to September 1, 1974.
Acts 1972, ch. 814, § 11; 1975, ch. 315, § 5; T.C.A., § 8-3935(4).
Tenn. Code Ann. § 8-27-910 — TN Code / Title 8 / Chapter 27 / Section 8-27-910
Compliance with request or subpoena for information protected under HIPAA
Status: in_force

(a) A covered entity, whether public or private, shall comply with a request or subpoena for information protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) when the request or subpoena: (1) Is made by: (A) An individual, who is not the subject of the information; (B) The individual's guardian, power of attorney, or executor of the individual's estate; (C) An attorney, (D) A private entity, or (E) A law enforcement agency; (2) Is accompanied by a qualified protective order signed by the court in which the matter is pending; and (3) Provides sufficient notice as described in subsection (c). (b) As used in this section: (1) "Covered entity" has the same meaning as defined in the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.); and (2) "Qualified protective order" means: (A) An order of a court, administrative judge, or tribunal, or a stipulation by the parties to the litigation or administrative proceeding, that (i) Prohibits a party from using or disclosing protected health information for a purpose other than the litigation or proceeding for which the information was requested; and (ii) Requires the return to the individual who is the subject of the protected information or the individual's counsel of, or destruction of, the protected health information, including all copies made, at the end of the litigation or proceeding; or (B) A subpoena that: (i) Is signed by the court in which the matter is pending; and (ii) Provides sufficient notice as described in subsection (c). (c) (1) To provide sufficient notice under this section, the party seeking protected health information must provide to the covered entity a written and notarized statement and accompanying documentation indicating that reasonable efforts have been made to: (A) Ensure that an individual who is the subject of the information requested has been notified of the request, or (B) Secure a qualified protective order for the information. (2) The notice described in subdivision (c)(1) must include sufficient detail to permit the individual who is the subject of the information requested to identify the court in which the matter for which the information sought is pending, and raise an objection with the court. (3) The notarized statement described in subdivision (c)(1) must require that the party seeking protected health information file a separate statement and accompanying documentation demonstrating: (A) That a period of forty-five (45) days has lapsed since the individual was provided with the notice; and (B) (i) The individual or the individual's representative has not filed an objection; or (ii) If an objection has been filed, the filed objections have been resolved by the court and the disclosures being sought are consistent with that resolution. (d) A local government entity may opt out of the requirements of this section upon passage of a resolution by a simple majority vote of the entity's governing body. Added by 2022 Tenn. Acts, ch. 674,s 1, eff. 3/18/2022.
(a) A covered entity, whether public or private, shall comply with a request or subpoena for information protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) when the request or subpoena: (1) Is made by: (A) An individual, who is not the subject of the information; (B) The individual's guardian, power of attorney, or executor of the individual's estate; (C) An attorney, (D) A private entity, or (E) A law enforcement agency; (2) Is accompanied by a qualified protective order signed by the court in which the matter is pending; and (3) Provides sufficient notice as described in subsection (c).
(1) Is made by: (A) An individual, who is not the subject of the information; (B) The individual's guardian, power of attorney, or executor of the individual's estate; (C) An attorney, (D) A private entity, or (E) A law enforcement agency;
(A) An individual, who is not the subject of the information;
(B) The individual's guardian, power of attorney, or executor of the individual's estate;
(C) An attorney,
(D) A private entity, or
(E) A law enforcement agency;
(2) Is accompanied by a qualified protective order signed by the court in which the matter is pending; and
(3) Provides sufficient notice as described in subsection (c).
(b) As used in this section: (1) "Covered entity" has the same meaning as defined in the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.); and (2) "Qualified protective order" means: (A) An order of a court, administrative judge, or tribunal, or a stipulation by the parties to the litigation or administrative proceeding, that (i) Prohibits a party from using or disclosing protected health information for a purpose other than the litigation or proceeding for which the information was requested; and (ii) Requires the return to the individual who is the subject of the protected information or the individual's counsel of, or destruction of, the protected health information, including all copies made, at the end of the litigation or proceeding; or (B) A subpoena that: (i) Is signed by the court in which the matter is pending; and (ii) Provides sufficient notice as described in subsection (c).
(1) "Covered entity" has the same meaning as defined in the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.); and
(2) "Qualified protective order" means: (A) An order of a court, administrative judge, or tribunal, or a stipulation by the parties to the litigation or administrative proceeding, that (i) Prohibits a party from using or disclosing protected health information for a purpose other than the litigation or proceeding for which the information was requested; and (ii) Requires the return to the individual who is the subject of the protected information or the individual's counsel of, or destruction of, the protected health information, including all copies made, at the end of the litigation or proceeding; or (B) A subpoena that: (i) Is signed by the court in which the matter is pending; and (ii) Provides sufficient notice as described in subsection (c).
(A) An order of a court, administrative judge, or tribunal, or a stipulation by the parties to the litigation or administrative proceeding, that (i) Prohibits a party from using or disclosing protected health information for a purpose other than the litigation or proceeding for which the information was requested; and (ii) Requires the return to the individual who is the subject of the protected information or the individual's counsel of, or destruction of, the protected health information, including all copies made, at the end of the litigation or proceeding; or
(i) Prohibits a party from using or disclosing protected health information for a purpose other than the litigation or proceeding for which the information was requested; and
(ii) Requires the return to the individual who is the subject of the protected information or the individual's counsel of, or destruction of, the protected health information, including all copies made, at the end of the litigation or proceeding; or
(B) A subpoena that: (i) Is signed by the court in which the matter is pending; and (ii) Provides sufficient notice as described in subsection (c).
(i) Is signed by the court in which the matter is pending; and
(ii) Provides sufficient notice as described in subsection (c).
(c) (1) To provide sufficient notice under this section, the party seeking protected health information must provide to the covered entity a written and notarized statement and accompanying documentation indicating that reasonable efforts have been made to: (A) Ensure that an individual who is the subject of the information requested has been notified of the request, or (B) Secure a qualified protective order for the information. (2) The notice described in subdivision (c)(1) must include sufficient detail to permit the individual who is the subject of the information requested to identify the court in which the matter for which the information sought is pending, and raise an objection with the court. (3) The notarized statement described in subdivision (c)(1) must require that the party seeking protected health information file a separate statement and accompanying documentation demonstrating: (A) That a period of forty-five (45) days has lapsed since the individual was provided with the notice; and (B) (i) The individual or the individual's representative has not filed an objection; or (ii) If an objection has been filed, the filed objections have been resolved by the court and the disclosures being sought are consistent with that resolution.
(1) To provide sufficient notice under this section, the party seeking protected health information must provide to the covered entity a written and notarized statement and accompanying documentation indicating that reasonable efforts have been made to: (A) Ensure that an individual who is the subject of the information requested has been notified of the request, or (B) Secure a qualified protective order for the information.
(A) Ensure that an individual who is the subject of the information requested has been notified of the request, or
(B) Secure a qualified protective order for the information.
(2) The notice described in subdivision (c)(1) must include sufficient detail to permit the individual who is the subject of the information requested to identify the court in which the matter for which the information sought is pending, and raise an objection with the court.
(3) The notarized statement described in subdivision (c)(1) must require that the party seeking protected health information file a separate statement and accompanying documentation demonstrating: (A) That a period of forty-five (45) days has lapsed since the individual was provided with the notice; and (B) (i) The individual or the individual's representative has not filed an objection; or (ii) If an objection has been filed, the filed objections have been resolved by the court and the disclosures being sought are consistent with that resolution.
(A) That a period of forty-five (45) days has lapsed since the individual was provided with the notice; and
(B) (i) The individual or the individual's representative has not filed an objection; or (ii) If an objection has been filed, the filed objections have been resolved by the court and the disclosures being sought are consistent with that resolution.
(i) The individual or the individual's representative has not filed an objection; or
(ii) If an objection has been filed, the filed objections have been resolved by the court and the disclosures being sought are consistent with that resolution.
(d) A local government entity may opt out of the requirements of this section upon passage of a resolution by a simple majority vote of the entity's governing body.
Added by 2022 Tenn. Acts, ch. 674,s 1, eff. 3/18/2022.