Tenn. Code Ann. § 8-27-208 — TN Code / Title 8 / Chapter 27 / Section 8-27-208
Election by senator, representative or governor to retain group insurance upon retirement or completion of term - Election by surviving spouse or dependent children - Retention of health insurance if person is convicted of a felony
Status: in_force

(a) (1) Upon retirement from the general assembly, any senator or representative, and upon completion of a term of office, the governor, may elect to retain retiree health benefits by participating in the plan authorized by the state insurance committee pursuant to § 8-27-205(a) and (b) . The surviving spouse or dependent children of any senator, representative, or governor, who dies in office or who is a member of the state retirement system may elect to retain health benefits by participating in either the applicable active or retiree health benefit and paying the required contribution amount. If the surviving spouse or dependent children are ineligible to receive a retirement pension benefit, the spouse or dependent children may participate in the state employees group insurance plan by making payment for the required cost to the office of legislative administration. (2) The right to continue coverage under the state employees group insurance plan provided under this section shall not apply to any senator, representative, governor, or their dependents, when first election to any of these offices did not occur before July 1, 2015. (b) No member or former member of the general assembly may elect to retain health benefits pursuant to this section if that person is convicted in any court of this state, or in any federal court, after November 2, 2010, of a felony arising out of that person's official capacity as a member of the general assembly. If the spouse or dependent children of the member or former member are otherwise eligible to participate in the state employees group insurance plan but for the conviction, then the coverage shall continue to be available; provided, the monthly contributions are made pursuant to subsection (a). Upon initial conviction, or upon a plea of guilty or nolo contendere, any person subject to this section who is already participating in the health benefit shall have that benefit for that person stopped immediately without being entitled to any refund of premiums, copayments, or other costs previously paid to retain the insurance. In the event the conviction of the former member is later overturned in any court, and the former member is acquitted or granted a full pardon, the former member may elect to participate in the group insurance on the first day of the following month. Amended by 2015 Tenn. Acts, ch. 426, s 2, eff. 5/18/2015. Acts 1990, ch. 827, § 1; 1991, ch. 159, § 1; 1992, ch. 841, § 1.
(a) (1) Upon retirement from the general assembly, any senator or representative, and upon completion of a term of office, the governor, may elect to retain retiree health benefits by participating in the plan authorized by the state insurance committee pursuant to § 8-27-205(a) and (b) . The surviving spouse or dependent children of any senator, representative, or governor, who dies in office or who is a member of the state retirement system may elect to retain health benefits by participating in either the applicable active or retiree health benefit and paying the required contribution amount. If the surviving spouse or dependent children are ineligible to receive a retirement pension benefit, the spouse or dependent children may participate in the state employees group insurance plan by making payment for the required cost to the office of legislative administration. (2) The right to continue coverage under the state employees group insurance plan provided under this section shall not apply to any senator, representative, governor, or their dependents, when first election to any of these offices did not occur before July 1, 2015.
(1) Upon retirement from the general assembly, any senator or representative, and upon completion of a term of office, the governor, may elect to retain retiree health benefits by participating in the plan authorized by the state insurance committee pursuant to § 8-27-205(a) and (b) . The surviving spouse or dependent children of any senator, representative, or governor, who dies in office or who is a member of the state retirement system may elect to retain health benefits by participating in either the applicable active or retiree health benefit and paying the required contribution amount. If the surviving spouse or dependent children are ineligible to receive a retirement pension benefit, the spouse or dependent children may participate in the state employees group insurance plan by making payment for the required cost to the office of legislative administration.
(2) The right to continue coverage under the state employees group insurance plan provided under this section shall not apply to any senator, representative, governor, or their dependents, when first election to any of these offices did not occur before July 1, 2015.
(b) No member or former member of the general assembly may elect to retain health benefits pursuant to this section if that person is convicted in any court of this state, or in any federal court, after November 2, 2010, of a felony arising out of that person's official capacity as a member of the general assembly. If the spouse or dependent children of the member or former member are otherwise eligible to participate in the state employees group insurance plan but for the conviction, then the coverage shall continue to be available; provided, the monthly contributions are made pursuant to subsection (a). Upon initial conviction, or upon a plea of guilty or nolo contendere, any person subject to this section who is already participating in the health benefit shall have that benefit for that person stopped immediately without being entitled to any refund of premiums, copayments, or other costs previously paid to retain the insurance. In the event the conviction of the former member is later overturned in any court, and the former member is acquitted or granted a full pardon, the former member may elect to participate in the group insurance on the first day of the following month.
Amended by 2015 Tenn. Acts, ch. 426, s 2, eff. 5/18/2015.
Acts 1990, ch. 827, § 1; 1991, ch. 159, § 1; 1992, ch. 841, § 1.
Tenn. Code Ann. § 8-1-108 — TN Code / Title 8 / Chapter 1 / Section 8-1-108
Power to forbid starting of fires during drought - Violation
Status: in_force

(a) During periods of extreme drought in this state, or in any area of the state, the governor is hereby authorized and empowered to issue proclamations forbidding the starting of any open air and unconfined fire on or near woodlands where dangerous fire hazards exist during the period of such drought. (b) If the governor issues a proclamation pursuant to this section, anyone igniting an open air or unconfined fire in violation of the proclamation commits a Class A misdemeanor. Acts 1963, ch. 27, § 1; T.C.A., § 8-106; Acts 1988, ch. 653, § 1; 1989, ch. 591, §§ 1, 6.
(a) During periods of extreme drought in this state, or in any area of the state, the governor is hereby authorized and empowered to issue proclamations forbidding the starting of any open air and unconfined fire on or near woodlands where dangerous fire hazards exist during the period of such drought.
(b) If the governor issues a proclamation pursuant to this section, anyone igniting an open air or unconfined fire in violation of the proclamation commits a Class A misdemeanor.
Acts 1963, ch. 27, § 1; T.C.A., § 8-106; Acts 1988, ch. 653, § 1; 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 8-37-213 — TN Code / Title 8 / Chapter 37 / Section 8-37-213
Payment from members' fund upon withdrawal of accumulated contributions
Status: in_force

The accumulated contributions of a member withdrawn by the member, or paid to the member's designated beneficiary or to the member's estate in accordance with § 8-36-120 , shall be paid from the members' fund. Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1); Acts 1991, ch. 378, § 21.
The accumulated contributions of a member withdrawn by the member, or paid to the member's designated beneficiary or to the member's estate in accordance with § 8-36-120 , shall be paid from the members' fund.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1); Acts 1991, ch. 378, § 21.
Tenn. Code Ann. § 8-35-314 — TN Code / Title 8 / Chapter 35 / Section 8-35-314
Optional retirement allowances
Status: in_force

Notwithstanding any other provisions to the contrary, optional retirement allowances may be selected in accordance with chapter 36, part 6 of this title. Until the first payment on account of any benefit becomes normally due, any member of any local retirement system may elect to convert the retirement allowance otherwise payable to such member to a reduced retirement allowance of equivalent actuarial value as provided in chapter 36, part 6 of this title. Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(10).
Notwithstanding any other provisions to the contrary, optional retirement allowances may be selected in accordance with chapter 36, part 6 of this title. Until the first payment on account of any benefit becomes normally due, any member of any local retirement system may elect to convert the retirement allowance otherwise payable to such member to a reduced retirement allowance of equivalent actuarial value as provided in chapter 36, part 6 of this title.
Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(10).
Tenn. Code Ann. § 8-34-609 — TN Code / Title 8 / Chapter 34 / Section 8-34-609
[Repealed] Reserved
Status: repealed

Acts 1973, ch. 162, § 1; 1976 (Adj. S.), ch. 816, § 8; 1977, ch. 377, § 1; 1979, ch. 320, § 10; T.C.A., § 8-3904; Acts 1980 (Adj. S.), ch. 654, § 10.
Tenn. Code Ann. § 8-19-201 — TN Code / Title 8 / Chapter 19 / Section 8-19-201
Examination of clerks' bonds
Status: in_force

The judges of the chancery and circuit courts, and of other courts of record except the supreme court, court of appeals, and court of criminal appeals, at the first term after the election, or at the term of the appointment of the clerks, shall examine and attest the bonds by law required to be given by them, and cause the same to be recorded, and a certificate of such recording to be endorsed on the same by the clerks respectively. Code 1858, § 720 (deriv. Acts 1839-1840, ch. 160, § 1); Shan., § 1033; mod. Code 1932, § 1762; T.C.A (orig. ed.), § 8-1927; Acts 1980, ch. 887, § 4.
The judges of the chancery and circuit courts, and of other courts of record except the supreme court, court of appeals, and court of criminal appeals, at the first term after the election, or at the term of the appointment of the clerks, shall examine and attest the bonds by law required to be given by them, and cause the same to be recorded, and a certificate of such recording to be endorsed on the same by the clerks respectively.
Code 1858, § 720 (deriv. Acts 1839-1840, ch. 160, § 1); Shan., § 1033; mod. Code 1932, § 1762; T.C.A (orig. ed.), § 8-1927; Acts 1980, ch. 887, § 4.
Tenn. Code Ann. § 8-34-625 — TN Code / Title 8 / Chapter 34 / Section 8-34-625
Period of disability as creditable service
Status: in_force

(a) Subject to the approval of the board of trustees, any member, other than an employee of a political subdivision, who receives temporary disability benefits under a workers' compensation program administered by or on behalf of an employer as defined in § 8-34-101 shall be entitled to establish retirement credit at any time during or after the period of disability. (b) The member's employing department or agency shall provide certification, in a manner prescribed by the state treasurer, of the period of disability and salary in effect immediately prior to the disability. Contributions by, or on behalf of, the member on the basis of the member's salary in effect immediately prior to the period of disability, plus interest at the rate provided in § 8-37-214 , if applicable, shall be remitted to the retirement system in a manner prescribed by the state treasurer. (c) No member shall be credited with the temporary disability as creditable service at a rate exceeding one (1) year per occurrence of temporary disability. (d) Participating political subdivisions may adopt this section; provided, that the chief governing body of the political subdivision passes a resolution authorizing this subsection (d) for the employees and accepting the liability therefor. Amended by 2015 Tenn. Acts, ch. 421, s 5, eff. 5/8/2015. Acts 1989, ch. 505, § 7; 2003 , ch. 12, § 2; 2006, ch. 870, § 11.
(a) Subject to the approval of the board of trustees, any member, other than an employee of a political subdivision, who receives temporary disability benefits under a workers' compensation program administered by or on behalf of an employer as defined in § 8-34-101 shall be entitled to establish retirement credit at any time during or after the period of disability.
(b) The member's employing department or agency shall provide certification, in a manner prescribed by the state treasurer, of the period of disability and salary in effect immediately prior to the disability. Contributions by, or on behalf of, the member on the basis of the member's salary in effect immediately prior to the period of disability, plus interest at the rate provided in § 8-37-214 , if applicable, shall be remitted to the retirement system in a manner prescribed by the state treasurer.
(c) No member shall be credited with the temporary disability as creditable service at a rate exceeding one (1) year per occurrence of temporary disability.
(d) Participating political subdivisions may adopt this section; provided, that the chief governing body of the political subdivision passes a resolution authorizing this subsection (d) for the employees and accepting the liability therefor.
Amended by 2015 Tenn. Acts, ch. 421, s 5, eff. 5/8/2015.
Acts 1989, ch. 505, § 7; 2003 , ch. 12, § 2; 2006, ch. 870, § 11.
Tenn. Code Ann. § 8-33-101 — TN Code / Title 8 / Chapter 33 / Section 8-33-101
Chapter definitions
Status: in_force

When used in this chapter: (1) (A) "Military duty" means: (i) Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States; and (ii) Time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting for such training and service; (B) "Military duty" also includes active duty training as a reservist in the armed forces of the United States or as a member of the national guard of the United States where the call is for training only; (2) "Position" means employment held by a public employee at the time of entrance into military duty, but does not include temporary or casual employment or an office filled by election; (3) "Public employee" means any person holding a position in public employment who has successfully completed the probationary period required by the agency in which such person is employed; (4) "Public employer" means any government, department, or agency mentioned in subdivision (5) employing a public employee in a position; and (5) "Public employment" means employment by the government of this state, or of any county, municipality or other civil or political subdivision thereof, including any department or agency thereof. Acts 1951, ch. 112, § 1 (Williams, § 1034.73); 1953, ch. 245, § 1; modified; T.C.A. (orig. ed.), § 8-3301.
When used in this chapter:
(1) (A) "Military duty" means: (i) Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States; and (ii) Time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting for such training and service; (B) "Military duty" also includes active duty training as a reservist in the armed forces of the United States or as a member of the national guard of the United States where the call is for training only;
(A) "Military duty" means: (i) Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States; and (ii) Time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting for such training and service;
(i) Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States; and
(ii) Time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting for such training and service;
(B) "Military duty" also includes active duty training as a reservist in the armed forces of the United States or as a member of the national guard of the United States where the call is for training only;
(2) "Position" means employment held by a public employee at the time of entrance into military duty, but does not include temporary or casual employment or an office filled by election;
(3) "Public employee" means any person holding a position in public employment who has successfully completed the probationary period required by the agency in which such person is employed;
(4) "Public employer" means any government, department, or agency mentioned in subdivision (5) employing a public employee in a position; and
(5) "Public employment" means employment by the government of this state, or of any county, municipality or other civil or political subdivision thereof, including any department or agency thereof.
Acts 1951, ch. 112, § 1 (Williams, § 1034.73); 1953, ch. 245, § 1; modified; T.C.A. (orig. ed.), § 8-3301.
Tenn. Code Ann. § 8-1-201 — TN Code / Title 8 / Chapter 1 / Section 8-1-201
Short title
Status: in_force

This part shall be known and may be cited as the "Transition Act of 1970." Acts 1970, ch. 439, § 1; T.C.A., § 8-109.
This part shall be known and may be cited as the "Transition Act of 1970."
Acts 1970, ch. 439, § 1; T.C.A., § 8-109.
Tenn. Code Ann. § 8-25-304 — TN Code / Title 8 / Chapter 25 / Section 8-25-304
Alternative plans - Additional participation in state plan
Status: in_force

(a) Any political subdivision or instrumentality of the state, by resolution or ordinance of its governing body, is authorized to make available to its employees a profit sharing or salary reduction plan approved by the internal revenue service. (b) Any entity other than a political subdivision participating in the Tennessee consolidated retirement system which has fewer than five (5) employees may request permission of the state treasurer to participate in the state plan. The state treasurer shall have full authority to grant permission, taking into account the number and location of employees of the entity, its financial soundness, the entity's status with the Tennessee consolidated retirement system, and other factors deemed relevant by the state treasurer. If permission is granted, such participation shall be in accordance with the terms specified by the state treasurer. Amended by 2013 Tenn. Acts, ch. 296,s 4, eff. 4/29/2013. Acts 1982, ch. 680, § 2; 1984, ch. 602, § 1.
(a) Any political subdivision or instrumentality of the state, by resolution or ordinance of its governing body, is authorized to make available to its employees a profit sharing or salary reduction plan approved by the internal revenue service.
(b) Any entity other than a political subdivision participating in the Tennessee consolidated retirement system which has fewer than five (5) employees may request permission of the state treasurer to participate in the state plan. The state treasurer shall have full authority to grant permission, taking into account the number and location of employees of the entity, its financial soundness, the entity's status with the Tennessee consolidated retirement system, and other factors deemed relevant by the state treasurer. If permission is granted, such participation shall be in accordance with the terms specified by the state treasurer.
Amended by 2013 Tenn. Acts, ch. 296,s 4, eff. 4/29/2013.
Acts 1982, ch. 680, § 2; 1984, ch. 602, § 1.
Tenn. Code Ann. § 8-19-116 — TN Code / Title 8 / Chapter 19 / Section 8-19-116
Endorsement of time of filing
Status: in_force

Every officer in whose office the official bond of any public officer is filed shall endorse thereon the day and year on which it was filed, and sign such officer's name to the endorsement, and, on failure so to do, commits a Class C misdemeanor. Code 1858, § 770; Shan., § 1091; Code 1932, § 1832; T.C.A. (orig. ed.), § 8-1916; Acts 1989, ch. 591, § 113.
Every officer in whose office the official bond of any public officer is filed shall endorse thereon the day and year on which it was filed, and sign such officer's name to the endorsement, and, on failure so to do, commits a Class C misdemeanor.
Code 1858, § 770; Shan., § 1091; Code 1932, § 1832; T.C.A. (orig. ed.), § 8-1916; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 8-31-109 — TN Code / Title 8 / Chapter 31 / Section 8-31-109
Identification of employees
Status: in_force

A person who receives a salary or other compensation from or through a governmental entity is an employee of the governmental entity for purposes of this chapter regardless of whether the governmental entity receives funding for the employee's salary or compensation from a source other than this state. Added by 2023 Tenn. Acts, ch. 50, s 2, eff. 7/1/2023.
A person who receives a salary or other compensation from or through a governmental entity is an employee of the governmental entity for purposes of this chapter regardless of whether the governmental entity receives funding for the employee's salary or compensation from a source other than this state.
Added by 2023 Tenn. Acts, ch. 50, s 2, eff. 7/1/2023.
Tenn. Code Ann. § 8-16-103 — TN Code / Title 8 / Chapter 16 / Section 8-16-103
Term of office
Status: in_force

The term of office of notaries public shall be four (4) years, such term to begin on the date of the issuance of their commissions by the governor. Acts 1925, ch. 79, § 1; Shan. Supp., § 3195a1; Code 1932, § 5894; T.C.A. (orig. ed.), § 8-1603.
The term of office of notaries public shall be four (4) years, such term to begin on the date of the issuance of their commissions by the governor.
Acts 1925, ch. 79, § 1; Shan. Supp., § 3195a1; Code 1932, § 5894; T.C.A. (orig. ed.), § 8-1603.
Tenn. Code Ann. § 8-48-101 — TN Code / Title 8 / Chapter 48 / Section 8-48-101
Causes of vacancies
Status: in_force

Any office in this state is vacated by: (1) The death of the incumbent; (2) The incumbent's resignation, when permitted by law; (3) Ceasing to be a resident of the state, or of the district, circuit, or county for which the incumbent was elected or appointed; (4) The decision of a competent tribunal, declaring the election or appointment void or the office vacant; (5) An act of the general assembly abridging the term of office, where it is not fixed by the constitution; (6) The sentence of the incumbent, by any competent tribunal in this or any other state, to the penitentiary, subject to restoration if the judgment is reversed, but not if the incumbent is pardoned; or (7) Due adjudication of the incumbent's insanity. Code 1858, § 797; Shan., § 1118; mod. Code 1932, § 1859; T.C.A. (orig. ed.), § 8-2801.
Any office in this state is vacated by:
(1) The death of the incumbent;
(2) The incumbent's resignation, when permitted by law;
(3) Ceasing to be a resident of the state, or of the district, circuit, or county for which the incumbent was elected or appointed;
(4) The decision of a competent tribunal, declaring the election or appointment void or the office vacant;
(5) An act of the general assembly abridging the term of office, where it is not fixed by the constitution;
(6) The sentence of the incumbent, by any competent tribunal in this or any other state, to the penitentiary, subject to restoration if the judgment is reversed, but not if the incumbent is pardoned; or
(7) Due adjudication of the incumbent's insanity.
Code 1858, § 797; Shan., § 1118; mod. Code 1932, § 1859; T.C.A. (orig. ed.), § 8-2801.
Tenn. Code Ann. § 8-16-102 — TN Code / Title 8 / Chapter 16 / Section 8-16-102
Approval of notaries
Status: in_force

All notaries shall be approved by the governor. For purposes of this section, "approved" means to accept or to sanction, and does not mean to appoint. Amended by 2014 Tenn. Acts, ch. 805,Secs.s1, s4 eff. 10/1/2014. Code 1858, § 1793 (deriv. Acts 1835-1836, ch. 11, § 4); Shan., § 3195; Code 1932, § 5893; T.C.A. (orig. ed.), § 8-1602.
All notaries shall be approved by the governor. For purposes of this section, "approved" means to accept or to sanction, and does not mean to appoint.
Amended by 2014 Tenn. Acts, ch. 805,Secs.s1, s4 eff. 10/1/2014.
Code 1858, § 1793 (deriv. Acts 1835-1836, ch. 11, § 4); Shan., § 3195; Code 1932, § 5893; T.C.A. (orig. ed.), § 8-1602.
Tenn. Code Ann. § 8-19-115 — TN Code / Title 8 / Chapter 19 / Section 8-19-115
Time of filing
Status: in_force

Official bonds, including blanket bonds, and each rider or attachment thereto, required by law to be filed in the office of the county clerk or secretary of state, must be filed within thirty (30) days after the election or appointment of the person named in the bond, rider, or attachment. Amended by 2023 Tenn. Acts, ch. 207, s 22, eff. 7/1/2023. Amended by 2013 Tenn. Acts, ch. 315, s 3, eff. 4/29/2013. Code 1858, §§ 764, 765; Shan., §§ 1085, 1086; Code 1932, §§ 1826, 1827; Acts 1978, ch. 620, § 2; T.C.A. (orig. ed.), § 8-1915.
Official bonds, including blanket bonds, and each rider or attachment thereto, required by law to be filed in the office of the county clerk or secretary of state, must be filed within thirty (30) days after the election or appointment of the person named in the bond, rider, or attachment.
Amended by 2023 Tenn. Acts, ch. 207, s 22, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, s 3, eff. 4/29/2013.
Code 1858, §§ 764, 765; Shan., §§ 1085, 1086; Code 1932, §§ 1826, 1827; Acts 1978, ch. 620, § 2; T.C.A. (orig. ed.), § 8-1915.
Tenn. Code Ann. § 8-11-106 — TN Code / Title 8 / Chapter 11 / Section 8-11-106
Liability to judgment on motion
Status: in_force

If the trustee fails to pay money to those entitled to the same, or neglects to call those to account who ought to pay money into the treasury, whereby the county suffers loss, in either case the trustee and the trustee's sureties shall be liable for the sums so not collected or paid, on motion before the circuit court. Code 1858, § 430 (deriv. Acts 1827, ch. 49, § 25); Shan., § 526; Code 1932, § 778; T.C.A. (orig. ed.), § 8-1106.
If the trustee fails to pay money to those entitled to the same, or neglects to call those to account who ought to pay money into the treasury, whereby the county suffers loss, in either case the trustee and the trustee's sureties shall be liable for the sums so not collected or paid, on motion before the circuit court.
Code 1858, § 430 (deriv. Acts 1827, ch. 49, § 25); Shan., § 526; Code 1932, § 778; T.C.A. (orig. ed.), § 8-1106.
Tenn. Code Ann. § 8-36-709 — TN Code / Title 8 / Chapter 36 / Section 8-36-709
Increase in retirement allowances to other beneficiaries of superseded systems
Status: in_force

The retirement allowance of any beneficiary of a superseded system not entitled to an increase in retirement allowance under § 8-36-708 shall be increased as of July 1, 1972, as follows. The retirement allowance which would otherwise be payable without regard to the election of any optional modification shall be increased by the excess, if any, of an amount computed on the basis of § 8-36-708(a)(2) over such retirement allowance. Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(3).
The retirement allowance of any beneficiary of a superseded system not entitled to an increase in retirement allowance under § 8-36-708 shall be increased as of July 1, 1972, as follows. The retirement allowance which would otherwise be payable without regard to the election of any optional modification shall be increased by the excess, if any, of an amount computed on the basis of § 8-36-708(a)(2) over such retirement allowance.
Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(3).
Tenn. Code Ann. § 8-7-115 — TN Code / Title 8 / Chapter 7 / Section 8-7-115
District attorney annual report of cases handled[Effective 7/1/2026]
Status: in_force

Each district attorney general shall provide an annual report by March 1 of each year to the governor, speaker of the house of representatives, speaker of the senate, chair of the criminal justice committee of the house of representatives, chair of the judiciary committee of the senate, and district attorneys general conference and make such report available to the public upon request. The report must contain, at a minimum, for the previous year, the following aggregate, non-personally identifying information, categorized by offense: (1) Arrests made and offenses referred; (2) The number of indictments filed; (3) The number of cases transferred to another law enforcement entity; (4) The number of cases in which an indictment was sought for an individual and the indictment was for an offense other than the offense for which the individual was originally arrested; and (5) The number of each disposition entered by a court, including dismissals, pretrial diversions, plea agreements, trial outcomes, and sentences imposed. Added by 2024 Tenn. Acts, ch. 895,s 1, eff. 7/1/2026.
Each district attorney general shall provide an annual report by March 1 of each year to the governor, speaker of the house of representatives, speaker of the senate, chair of the criminal justice committee of the house of representatives, chair of the judiciary committee of the senate, and district attorneys general conference and make such report available to the public upon request. The report must contain, at a minimum, for the previous year, the following aggregate, non-personally identifying information, categorized by offense:
(1) Arrests made and offenses referred;
(2) The number of indictments filed;
(3) The number of cases transferred to another law enforcement entity;
(4) The number of cases in which an indictment was sought for an individual and the indictment was for an offense other than the offense for which the individual was originally arrested; and
(5) The number of each disposition entered by a court, including dismissals, pretrial diversions, plea agreements, trial outcomes, and sentences imposed.
Added by 2024 Tenn. Acts, ch. 895,s 1, eff. 7/1/2026.
Tenn. Code Ann. § 8-35-310 — TN Code / Title 8 / Chapter 35 / Section 8-35-310
Consideration of creditable service not recognized by local fund
Status: in_force

Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, if a local retirement fund does not allow a member retirement credit for all years creditable under this retirement system, the state annuity shall be computed on the basis of all years of creditable service under the retirement system as prescribed herein and then divided into two (2) parts and paid as follows: (1) The payment to the local retirement system shall be based only on the number of years service creditable on which benefits are computed under the local retirement fund; and (2) The payment based upon the additional years of service creditable under the retirement system shall be paid directly to the retired member of the local retirement fund. Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(6).
Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, if a local retirement fund does not allow a member retirement credit for all years creditable under this retirement system, the state annuity shall be computed on the basis of all years of creditable service under the retirement system as prescribed herein and then divided into two (2) parts and paid as follows:
(1) The payment to the local retirement system shall be based only on the number of years service creditable on which benefits are computed under the local retirement fund; and
(2) The payment based upon the additional years of service creditable under the retirement system shall be paid directly to the retired member of the local retirement fund.
Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(6).
Tenn. Code Ann. § 8-1-204 — TN Code / Title 8 / Chapter 1 / Section 8-1-204
Immediate past governor - Office space
Status: in_force

For a period of thirty (30) days following the inauguration of a governor who is not thereby serving a successive term in office, the immediate past governor shall be provided with suitable office space and equipment and one (1) secretary in Nashville, to enable such past governor to handle any correspondence or other personal matters not concluded at the time such past governor leaves office. Acts 1970, ch. 439, § 3; T.C.A., § 8-111; Acts 1979, ch. 24, § 1.
For a period of thirty (30) days following the inauguration of a governor who is not thereby serving a successive term in office, the immediate past governor shall be provided with suitable office space and equipment and one (1) secretary in Nashville, to enable such past governor to handle any correspondence or other personal matters not concluded at the time such past governor leaves office.
Acts 1970, ch. 439, § 3; T.C.A., § 8-111; Acts 1979, ch. 24, § 1.
Tenn. Code Ann. § 8-14-401 — TN Code / Title 8 / Chapter 14 / Section 8-14-401
Fiscal officer
Status: in_force

(a) Whereas the various district public defenders may be entitled to receive funding from various local, state and federal government sources, and private donors, and an orderly system for receiving and disbursing same is necessary, the district public defenders are hereby authorized and empowered to designate the executive director of the district public defenders conference as the fiscal officer for the judicial district served by a district public defender. (b) The executive director, or the executive director's designee, is hereby authorized and empowered to receive and disburse funds so received for any lawful purpose not inconsistent with this part, subject to the guidelines established by the district public defenders conference. Acts 1991, ch. 345, § 6; 1996, ch. 610, § 4.
(a) Whereas the various district public defenders may be entitled to receive funding from various local, state and federal government sources, and private donors, and an orderly system for receiving and disbursing same is necessary, the district public defenders are hereby authorized and empowered to designate the executive director of the district public defenders conference as the fiscal officer for the judicial district served by a district public defender.
(b) The executive director, or the executive director's designee, is hereby authorized and empowered to receive and disburse funds so received for any lawful purpose not inconsistent with this part, subject to the guidelines established by the district public defenders conference.
Acts 1991, ch. 345, § 6; 1996, ch. 610, § 4.
Tenn. Code Ann. § 8-37-111 — TN Code / Title 8 / Chapter 37 / Section 8-37-111
Outside investment counsel - Expenses
Status: in_force

(a) Any other law to the contrary notwithstanding, the board of trustees shall have the authority to employ outside investment counsel for advisory services. (b) The expenses of the fees charged by such investment counsel and any expense incurred under the authority of title 9, chapter 4, part 4, relative to the safekeeping and servicing of retirement system securities shall be charged to and paid from the earnings of the funds. Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(7); Acts 1981, ch. 387, § 19.
(a) Any other law to the contrary notwithstanding, the board of trustees shall have the authority to employ outside investment counsel for advisory services.
(b) The expenses of the fees charged by such investment counsel and any expense incurred under the authority of title 9, chapter 4, part 4, relative to the safekeeping and servicing of retirement system securities shall be charged to and paid from the earnings of the funds.
Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(7); Acts 1981, ch. 387, § 19.
Tenn. Code Ann. § 8-39-206 — TN Code / Title 8 / Chapter 39 / Section 8-39-206
Written application required
Status: in_force

Any benefit pursuant to this part shall be payable only upon written application by the former governor or the former governor's surviving spouse, as the case may be, made to the state treasurer. Acts 1972, ch. 814, § 12; 1976, ch. 813, § 3; T.C.A., § 8-3942(d).
Any benefit pursuant to this part shall be payable only upon written application by the former governor or the former governor's surviving spouse, as the case may be, made to the state treasurer.
Acts 1972, ch. 814, § 12; 1976, ch. 813, § 3; T.C.A., § 8-3942(d).
Tenn. Code Ann. § 8-21-406 — TN Code / Title 8 / Chapter 21 / Section 8-21-406
Fees in consequence of neglect of duty
Status: in_force

No clerk of any court shall be entitled to any fees which become chargeable to the state or county in consequence of any omission or neglect of duty on the part of such clerk. Code 1858, § 4556; Shan., § 6394; Code 1932, § 10698; T.C.A. (orig. ed.), § 8-2120.
No clerk of any court shall be entitled to any fees which become chargeable to the state or county in consequence of any omission or neglect of duty on the part of such clerk.
Code 1858, § 4556; Shan., § 6394; Code 1932, § 10698; T.C.A. (orig. ed.), § 8-2120.
Tenn. Code Ann. § 8-34-317 — TN Code / Title 8 / Chapter 34 / Section 8-34-317
Quadrennial audit
Status: in_force

The board of trustees may provide for an audit to be made once in every four (4) years by a reliable independent auditor. This shall be in addition to the annual audit conducted by the office of the comptroller of the treasury. Acts 1972, ch. 814, § 6; 1973, ch. 347, § 24; T.C.A., § 8-3925.
The board of trustees may provide for an audit to be made once in every four (4) years by a reliable independent auditor. This shall be in addition to the annual audit conducted by the office of the comptroller of the treasury.
Acts 1972, ch. 814, § 6; 1973, ch. 347, § 24; T.C.A., § 8-3925.
Tenn. Code Ann. § 8-34-321 — TN Code / Title 8 / Chapter 34 / Section 8-34-321
Replacement of pension administration system
Status: in_force

Subject to appropriation made in the general appropriations act, the retirement system may procure goods and services for a pension administration system that may replace the system currently in existence as of April 8, 2022. The retirement system may pay from the earnings of the Tennessee retiree group trust and may charge some or all of the group trust participants, the cost for the development and implementation of the replacement system, as well as other technology improvements; provided, however, that any costs associated with the on-going maintenance of the replacement system or such improvements, or the state personnel necessary for maintaining the replacement system or such improvements, must not be funded pursuant to this section. Added by 2022 Tenn. Acts, ch. 780, s 1, eff. 4/8/2022.
Subject to appropriation made in the general appropriations act, the retirement system may procure goods and services for a pension administration system that may replace the system currently in existence as of April 8, 2022. The retirement system may pay from the earnings of the Tennessee retiree group trust and may charge some or all of the group trust participants, the cost for the development and implementation of the replacement system, as well as other technology improvements; provided, however, that any costs associated with the on-going maintenance of the replacement system or such improvements, or the state personnel necessary for maintaining the replacement system or such improvements, must not be funded pursuant to this section.
Added by 2022 Tenn. Acts, ch. 780, s 1, eff. 4/8/2022.
Tenn. Code Ann. § 8-10-206 — TN Code / Title 8 / Chapter 10 / Section 8-10-206
Applicability
Status: in_force

(a) Sections 8-10-201 - 8-10-205 do not apply to any constable who has served for four (4) years prior to July 1, 1993. (b) This part shall not apply to constables whose law enforcement powers have been removed but who have retained the authority to serve lawfully issued process. Acts 1993, ch. 414, §§ 7, 9.
(a) Sections 8-10-201 - 8-10-205 do not apply to any constable who has served for four (4) years prior to July 1, 1993.
(b) This part shall not apply to constables whose law enforcement powers have been removed but who have retained the authority to serve lawfully issued process.
Acts 1993, ch. 414, §§ 7, 9.
Tenn. Code Ann. § 8-19-105 — TN Code / Title 8 / Chapter 19 / Section 8-19-105
Loss of original of recorded bond
Status: in_force

When the original of any bond provided for or covered by §§ 8-19-101 - 8-19-107 shall be lost or destroyed, the record of the bond provided for shall be deemed the original and suit may be instituted on the recorded bond. Acts 1941, ch. 138, § 5; C. Supp. 1950, § 1839.5; T.C.A. (orig. ed.), § 8-1905.
When the original of any bond provided for or covered by §§ 8-19-101 - 8-19-107 shall be lost or destroyed, the record of the bond provided for shall be deemed the original and suit may be instituted on the recorded bond.
Acts 1941, ch. 138, § 5; C. Supp. 1950, § 1839.5; T.C.A. (orig. ed.), § 8-1905.
Tenn. Code Ann. § 8-21-105 — TN Code / Title 8 / Chapter 21 / Section 8-21-105
Judicial decision of legal questions
Status: in_force

It is the duty of the courts to decide, upon application by the officer entitled to compensation, any question arising under the law, and such decision will protect the officer acting under it. Code 1858, § 4523; Shan., § 6359; Code 1932, § 10661; T.C.A. (orig. ed.), § 8-2105.
It is the duty of the courts to decide, upon application by the officer entitled to compensation, any question arising under the law, and such decision will protect the officer acting under it.
Code 1858, § 4523; Shan., § 6359; Code 1932, § 10661; T.C.A. (orig. ed.), § 8-2105.
Tenn. Code Ann. § 8-16-119 — TN Code / Title 8 / Chapter 16 / Section 8-16-119
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 805, s 3, eff. 10/1/2014. Acts 1895, ch. 203, § 2; Shan., § 3212; Code 1932, § 5914; T.C.A. (orig. ed.), § 8-1625; T.C.A. § 8-16-307 ; Acts 2004, ch. 854, § 18.
Repealed by 2014 Tenn. Acts, ch. 805, s 3, eff. 10/1/2014.
Acts 1895, ch. 203, § 2; Shan., § 3212; Code 1932, § 5914; T.C.A. (orig. ed.), § 8-1625; T.C.A. § 8-16-307 ; Acts 2004, ch. 854, § 18.
Tenn. Code Ann. § 8-3-102 — TN Code / Title 8 / Chapter 3 / Section 8-3-102
Complaint regarding annexation by municipality - Administrative hearing
Status: in_force

(a) If a dispute arises between an individual property owner and a municipality as to whether a property has been annexed by the municipality, the individual property owner or the municipality may file a complaint against the opposing party with the secretary of state to determine whether the person's property has been annexed by a municipality. The burden of proof shall be on the municipality to prove annexation of the subject property by a preponderance of the evidence. (b) Within ten (10) days of the filing of the complaint, the secretary of state shall appoint an administrative judge from the administrative procedures division of the secretary of state's office who shall set an administrative hearing to be held under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, within ninety (90) days of the date of filing the complaint, unless for good cause shown that a later time is deemed necessary. Notwithstanding other law to the contrary, the secretary of state or the secretary of state's designee has the authority to render a final order following entry of an initial order by the administrative judge. Such order shall be appealable as provided by § 4-5-322 . (c) Once a complaint has been filed under subsection (a), the municipality shall file with the administrative procedures division within twenty (20) days of the filing of the complaint, all annexation ordinances of the municipality and all results of referendums on annexation held within the municipality that are specific to the annexation of the subject property. (d) If the final order includes a finding that the subject property has not been annexed, any property taxes paid by the individual property owner to the municipality shall be reimbursed to the individual property owner, with interest. Added by 2017 Tenn. Acts, ch. 385, s 1, eff. 5/18/2017.
(a) If a dispute arises between an individual property owner and a municipality as to whether a property has been annexed by the municipality, the individual property owner or the municipality may file a complaint against the opposing party with the secretary of state to determine whether the person's property has been annexed by a municipality. The burden of proof shall be on the municipality to prove annexation of the subject property by a preponderance of the evidence.
(b) Within ten (10) days of the filing of the complaint, the secretary of state shall appoint an administrative judge from the administrative procedures division of the secretary of state's office who shall set an administrative hearing to be held under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, within ninety (90) days of the date of filing the complaint, unless for good cause shown that a later time is deemed necessary. Notwithstanding other law to the contrary, the secretary of state or the secretary of state's designee has the authority to render a final order following entry of an initial order by the administrative judge. Such order shall be appealable as provided by § 4-5-322 .
(c) Once a complaint has been filed under subsection (a), the municipality shall file with the administrative procedures division within twenty (20) days of the filing of the complaint, all annexation ordinances of the municipality and all results of referendums on annexation held within the municipality that are specific to the annexation of the subject property.
(d) If the final order includes a finding that the subject property has not been annexed, any property taxes paid by the individual property owner to the municipality shall be reimbursed to the individual property owner, with interest.
Added by 2017 Tenn. Acts, ch. 385, s 1, eff. 5/18/2017.
Tenn. Code Ann. § 8-36-210 — TN Code / Title 8 / Chapter 36 / Section 8-36-210
Eligibility of certain Group 1 members to elect coverage under Group 2 provisions
Status: in_force

Any Group 1 member employed as a sheriff on April 30, 1992, by a political subdivision participating under chapter 35, part 2 of this title who has creditable service in the Tennessee consolidated retirement system based upon service as a state police officer, wildlife officer, police officer, sheriff, or deputy sheriff prior to July 1, 1976, may elect to be covered by the retirement eligibility, benefit and contribution provisions applicable to Group 2 members; provided, that the following conditions are met: (1) The political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of such benefits; (2) Following the review of the cost of granting such benefits, the chief governing body of the political subdivision passes a resolution authorizing the provisions of this section for such members, and accepting liability for such benefits; and (3) Any such member electing to be covered under this section pays to the retirement system in a lump sum the difference between what such member would have contributed had such member been a Group 2 member and the amount such member actually paid, plus interest at the rate provided in § 8-37-214 . Acts 1992, ch. 542, § 1.
Any Group 1 member employed as a sheriff on April 30, 1992, by a political subdivision participating under chapter 35, part 2 of this title who has creditable service in the Tennessee consolidated retirement system based upon service as a state police officer, wildlife officer, police officer, sheriff, or deputy sheriff prior to July 1, 1976, may elect to be covered by the retirement eligibility, benefit and contribution provisions applicable to Group 2 members; provided, that the following conditions are met:
(1) The political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of such benefits;
(2) Following the review of the cost of granting such benefits, the chief governing body of the political subdivision passes a resolution authorizing the provisions of this section for such members, and accepting liability for such benefits; and
(3) Any such member electing to be covered under this section pays to the retirement system in a lump sum the difference between what such member would have contributed had such member been a Group 2 member and the amount such member actually paid, plus interest at the rate provided in § 8-37-214 .
Acts 1992, ch. 542, § 1.
Tenn. Code Ann. § 8-50-805 — TN Code / Title 8 / Chapter 50 / Section 8-50-805
Previous local school board employees or teachers - Sick leave
Status: in_force

Sections 8-50-803 and 8-50-804 do not apply to state employees or teachers employed by a local school board in Tennessee who leave the employ of the state or of that board in good standing and become full-time state employees within six (6) months of the date of termination. Such employees shall immediately be credited with all sick leave to which they were entitled at the time of the previous termination. Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., § 8-50-101 .
Sections 8-50-803 and 8-50-804 do not apply to state employees or teachers employed by a local school board in Tennessee who leave the employ of the state or of that board in good standing and become full-time state employees within six (6) months of the date of termination. Such employees shall immediately be credited with all sick leave to which they were entitled at the time of the previous termination.
Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., § 8-50-101 .
Tenn. Code Ann. § 8-34-318 — TN Code / Title 8 / Chapter 34 / Section 8-34-318
Audit of employee records of other employers
Status: in_force

The records of employment and compensation of employees of any political subdivision and other employers participating in the retirement system shall be subject to audit and certification by the board of trustees in accordance with rules and regulations adopted by the board for such purpose. The board may by agreement with the comptroller of the treasury establish a procedure using the personnel of the office of the comptroller of the treasury to audit and certify such records. Acts 1975, ch. 315, § 13; T.C.A., § 8-3925.
The records of employment and compensation of employees of any political subdivision and other employers participating in the retirement system shall be subject to audit and certification by the board of trustees in accordance with rules and regulations adopted by the board for such purpose. The board may by agreement with the comptroller of the treasury establish a procedure using the personnel of the office of the comptroller of the treasury to audit and certify such records.
Acts 1975, ch. 315, § 13; T.C.A., § 8-3925.
Tenn. Code Ann. § 8-5-111 — TN Code / Title 8 / Chapter 5 / Section 8-5-111
Biennial statement
Status: in_force

The state treasurer shall exhibit to the governor, at least ten (10) days before the meeting of the general assembly, an exact statement of the balance in the state treasury to the credit of the state, with a summary of the receipts and payments of the state treasury during the two (2) preceding years. Code 1858, § 242 (deriv. Acts 1835-1836, ch. 27, § 9); Acts 1873, ch. 2, § 2; Shan., § 293a; Code 1932, § 250; T.C.A. (orig. ed.), § 8-512.
The state treasurer shall exhibit to the governor, at least ten (10) days before the meeting of the general assembly, an exact statement of the balance in the state treasury to the credit of the state, with a summary of the receipts and payments of the state treasury during the two (2) preceding years.
Code 1858, § 242 (deriv. Acts 1835-1836, ch. 27, § 9); Acts 1873, ch. 2, § 2; Shan., § 293a; Code 1932, § 250; T.C.A. (orig. ed.), § 8-512.
Tenn. Code Ann. § 8-21-1301 — TN Code / Title 8 / Chapter 21 / Section 8-21-1301
Legal notices
Status: in_force

Where a publication of a legal notice of any kind is allowed or required by law, a newspaper publishing such notice shall charge and receive not more than its regular classified advertising rate. Code 1858, § 4585; Shan., § 6425; mod. Code 1932, § 10721; Acts 1957, ch. 41, § 3; T.C.A. (orig. ed.), § 8-2143.
Where a publication of a legal notice of any kind is allowed or required by law, a newspaper publishing such notice shall charge and receive not more than its regular classified advertising rate.
Code 1858, § 4585; Shan., § 6425; mod. Code 1932, § 10721; Acts 1957, ch. 41, § 3; T.C.A. (orig. ed.), § 8-2143.
Tenn. Code Ann. § 8-14-111 — TN Code / Title 8 / Chapter 14 / Section 8-14-111
Special personnel for expedition of post-conviction proceedings in capital cases
Status: in_force

The district public defender is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period. Acts 1993, ch. 472, § 3.
The district public defender is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period.
Acts 1993, ch. 472, § 3.
Tenn. Code Ann. § 8-36-118 — TN Code / Title 8 / Chapter 36 / Section 8-36-118
Certain University of Tennessee extension employees - Eligibility for retirement benefits based upon longevity pay
Status: in_force

(a) Notwithstanding any law to the contrary, all former, present and future employees of the University of Tennessee extension, holding joint appointments with the United States department of agriculture, shall be eligible for a retirement benefit based solely on longevity pay which is or was received under § 8-23-206 ; provided, that credit has not been granted under the federal civil service retirement plan for such longevity pay. Before the commencement of any such retirement benefit, the former employee must make a lump sum payment equal to the contributions such former employee would have made on longevity pay had it been creditable in the federal civil service retirement plan, plus interest as provided by § 8-37-214 . The University of Tennessee shall transfer to the Tennessee consolidated retirement system any employer contributions which would have been paid to the federal civil service retirement plan for longevity pay. (b) The benefit as provided under this section shall be equal to the difference between the benefit received from the federal civil service retirement system and what would have been received had longevity pay been credited in such system. The University of Tennessee shall calculate and certify such benefit amount to the Tennessee consolidated retirement system, which shall audit and verify such benefit calculation. (c) Payment of the benefit provided by this section shall be retroactive to the date of retirement of the retired former employee. Section 8-36-701 shall apply to all benefits provided by this section. All benefits payable under this section shall cease upon the death of the retiree. No other provisions of chapters 34-37 of this title shall apply to the benefits provided by this section. Acts 1986, ch. 677, § 1; 2004, ch. 517, § 2.
(a) Notwithstanding any law to the contrary, all former, present and future employees of the University of Tennessee extension, holding joint appointments with the United States department of agriculture, shall be eligible for a retirement benefit based solely on longevity pay which is or was received under § 8-23-206 ; provided, that credit has not been granted under the federal civil service retirement plan for such longevity pay. Before the commencement of any such retirement benefit, the former employee must make a lump sum payment equal to the contributions such former employee would have made on longevity pay had it been creditable in the federal civil service retirement plan, plus interest as provided by § 8-37-214 . The University of Tennessee shall transfer to the Tennessee consolidated retirement system any employer contributions which would have been paid to the federal civil service retirement plan for longevity pay.
(b) The benefit as provided under this section shall be equal to the difference between the benefit received from the federal civil service retirement system and what would have been received had longevity pay been credited in such system. The University of Tennessee shall calculate and certify such benefit amount to the Tennessee consolidated retirement system, which shall audit and verify such benefit calculation.
(c) Payment of the benefit provided by this section shall be retroactive to the date of retirement of the retired former employee. Section 8-36-701 shall apply to all benefits provided by this section. All benefits payable under this section shall cease upon the death of the retiree. No other provisions of chapters 34-37 of this title shall apply to the benefits provided by this section.
Acts 1986, ch. 677, § 1; 2004, ch. 517, § 2.
Tenn. Code Ann. § 8-25-112 — TN Code / Title 8 / Chapter 25 / Section 8-25-112
Attorney for the chair of the Tennessee consolidated retirement system
Status: in_force

(a) Counsel for the treasury department shall serve as the attorney for the chair of the Tennessee consolidated retirement system with respect to any deferred or tax-sheltered compensation plans established pursuant to this chapter on behalf of state employees, including employees of institutions of higher education. (b) Notwithstanding any law to the contrary, in cases where the interest of any deferred or tax-sheltered compensation plans referred to in subsection (a) require additional counsel, the chair of the Tennessee consolidated retirement system, with the approval of the attorney general and reporter, is authorized to contract with such additional counsel, who shall be paid such compensation for services as the chair may deem just. Acts 2011, ch. 140, § 12.
(a) Counsel for the treasury department shall serve as the attorney for the chair of the Tennessee consolidated retirement system with respect to any deferred or tax-sheltered compensation plans established pursuant to this chapter on behalf of state employees, including employees of institutions of higher education.
(b) Notwithstanding any law to the contrary, in cases where the interest of any deferred or tax-sheltered compensation plans referred to in subsection (a) require additional counsel, the chair of the Tennessee consolidated retirement system, with the approval of the attorney general and reporter, is authorized to contract with such additional counsel, who shall be paid such compensation for services as the chair may deem just.
Acts 2011, ch. 140, § 12.
Tenn. Code Ann. § 8-36-712 — TN Code / Title 8 / Chapter 36 / Section 8-36-712
Source of payment of increases to teachers retired from a local retirement system
Status: in_force

Notwithstanding any other provision of chapters 34-37 of this title to the contrary, teachers who have retired from a local retirement fund shall be paid directly by the Tennessee consolidated retirement system any increases resulting from §§ 8-36-708 - 8-36-712. Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(3).
Notwithstanding any other provision of chapters 34-37 of this title to the contrary, teachers who have retired from a local retirement fund shall be paid directly by the Tennessee consolidated retirement system any increases resulting from §§ 8-36-708 - 8-36-712.
Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(3).
Tenn. Code Ann. § 8-25-202 — TN Code / Title 8 / Chapter 25 / Section 8-25-202
Establishment of program
Status: in_force

There is established an optional retirement program for employees of public institutions of higher education operated by the board of regents and the board of trustees of the University of Tennessee. Acts 2015, ch. 118, § 1.
There is established an optional retirement program for employees of public institutions of higher education operated by the board of regents and the board of trustees of the University of Tennessee.
Acts 2015, ch. 118, § 1.
Tenn. Code Ann. § 8-34-202 — TN Code / Title 8 / Chapter 34 / Section 8-34-202
Name - Powers and duties generally
Status: in_force

It shall have the powers, privileges and immunities of a corporation and shall be known as the "Tennessee Consolidated Retirement System," and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received. Acts 1972, ch. 814, § 2; T.C.A., § 8-3902.
It shall have the powers, privileges and immunities of a corporation and shall be known as the "Tennessee Consolidated Retirement System," and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.
Acts 1972, ch. 814, § 2; T.C.A., § 8-3902.
Tenn. Code Ann. § 8-37-117 — TN Code / Title 8 / Chapter 37 / Section 8-37-117
Funds created by this chapter and chapters 34 through 36 deemed funds of retirement system
Status: in_force

The funds created by this chapter and chapters 34-36 of this title shall be deemed to be the funds of the retirement system and not state funds. Added by 2015 Tenn. Acts, ch. 421,s 12, eff. 5/8/2015.
The funds created by this chapter and chapters 34-36 of this title shall be deemed to be the funds of the retirement system and not state funds.
Added by 2015 Tenn. Acts, ch. 421,s 12, eff. 5/8/2015.
Tenn. Code Ann. § 8-18-107 — TN Code / Title 8 / Chapter 18 / Section 8-18-107
Administration of oaths of office
Status: in_force

(a) In all cases in which it is not otherwise provided by law, the oaths of office may be administered by any officer authorized to administer an oath. Such oaths shall be written out and subscribed by the person taking them, and shall be accompanied with the certificate of the officer administering the oaths, specifying the day and year when taken. (b) The governor or an active or retired supreme court justice may administer the oath to a supreme court justice. The governor, an active or retired supreme court justice, an active or retired inferior court judge, or an active or retired general sessions judge may administer the oath to an inferior court judge. Except as otherwise provided by law, the governor, an active or retired supreme court justice, an active or retired inferior court judge, or an active or retired general sessions judge may administer the oath to any elected or appointed official. (c) The oath may be administered at any time after an appointment, in the case of appointed officials, or in the case of elected officials after the election, but before the judge or public official assumes office, so long as the results of the election establishing that the person taking the oath won the election are certified by the appropriate legal authority. Even though an official may file an oath before the scheduled start of a term of office, the official may not take office until the term officially begins. Amended by 2015 Tenn. Acts, ch. 38, s 2, eff. 7/1/2015. Code 1858, § 753; Shan., § 1074; Code 1932, § 1816; Acts 1973, ch. 66, § 1; T.C.A. (orig. ed.), §8-1807; Acts 2003 , ch. 5, §§ 1, 2; 2009 , ch. 172, § 1.
(a) In all cases in which it is not otherwise provided by law, the oaths of office may be administered by any officer authorized to administer an oath. Such oaths shall be written out and subscribed by the person taking them, and shall be accompanied with the certificate of the officer administering the oaths, specifying the day and year when taken.
(b) The governor or an active or retired supreme court justice may administer the oath to a supreme court justice. The governor, an active or retired supreme court justice, an active or retired inferior court judge, or an active or retired general sessions judge may administer the oath to an inferior court judge. Except as otherwise provided by law, the governor, an active or retired supreme court justice, an active or retired inferior court judge, or an active or retired general sessions judge may administer the oath to any elected or appointed official.
(c) The oath may be administered at any time after an appointment, in the case of appointed officials, or in the case of elected officials after the election, but before the judge or public official assumes office, so long as the results of the election establishing that the person taking the oath won the election are certified by the appropriate legal authority. Even though an official may file an oath before the scheduled start of a term of office, the official may not take office until the term officially begins.
Amended by 2015 Tenn. Acts, ch. 38, s 2, eff. 7/1/2015.
Code 1858, § 753; Shan., § 1074; Code 1932, § 1816; Acts 1973, ch. 66, § 1; T.C.A. (orig. ed.), §8-1807; Acts 2003 , ch. 5, §§ 1, 2; 2009 , ch. 172, § 1.
Tenn. Code Ann. § 8-27-606 — TN Code / Title 8 / Chapter 27 / Section 8-27-606
Discontinuance of insurance program
Status: in_force

Once a municipal corporation or special school district has provided an insurance program under this part, such program may not be discontinued in its entirety unless the governing body of the municipal corporation or special school district shall so decide by a vote on such resolution; and then the program may not be discontinued in its entirety until the employees and officials of such municipal corporations or special school districts have been given at least three (3) months' notice. Acts 1961, ch. 328, § 6; T.C.A., §§ 8-4116, 8-4115, 8-50-306; Acts 1988, ch. 673, § 3.
Once a municipal corporation or special school district has provided an insurance program under this part, such program may not be discontinued in its entirety unless the governing body of the municipal corporation or special school district shall so decide by a vote on such resolution; and then the program may not be discontinued in its entirety until the employees and officials of such municipal corporations or special school districts have been given at least three (3) months' notice.
Acts 1961, ch. 328, § 6; T.C.A., §§ 8-4116, 8-4115, 8-50-306; Acts 1988, ch. 673, § 3.
Tenn. Code Ann. § 8-34-201 — TN Code / Title 8 / Chapter 34 / Section 8-34-201
Establishment of system
Status: in_force

(a) A retirement system is established and placed under the management of the board of trustees, for the purpose of providing retirement allowances and other benefits under chapters 34-37 of this title. The retirement system so created shall be established as of July 1, 1972. (b) The retirement system is established as a qualified defined benefit plan under chapters 34-37 of this title, as amended, pursuant to §§ 401(a) and 414(d) of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) and 414(d) ), or such other provision of the Internal Revenue Code as applicable, and applicable United States department of the treasury regulations and other guidance. Amended by 2016 Tenn. Acts, ch. 605, s 3, eff. 3/17/2016. Acts 1972, ch. 814, § 2; T.C.A., § 8-3902.
(a) A retirement system is established and placed under the management of the board of trustees, for the purpose of providing retirement allowances and other benefits under chapters 34-37 of this title. The retirement system so created shall be established as of July 1, 1972.
(b) The retirement system is established as a qualified defined benefit plan under chapters 34-37 of this title, as amended, pursuant to §§ 401(a) and 414(d) of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) and 414(d) ), or such other provision of the Internal Revenue Code as applicable, and applicable United States department of the treasury regulations and other guidance.
Amended by 2016 Tenn. Acts, ch. 605, s 3, eff. 3/17/2016.
Acts 1972, ch. 814, § 2; T.C.A., § 8-3902.
Tenn. Code Ann. § 8-30-405 — TN Code / Title 8 / Chapter 30 / Section 8-30-405
Outside employment
Status: in_force

Nothing in this chapter shall be construed to prohibit a state employee from engaging in outside employment. Such outside employment shall not adversely affect the employee's performance with the state, create a conflict of interest between such additional employment, or conflict with the regular employment schedule of the employee. Acts 2012, ch. 800, § 46.
Nothing in this chapter shall be construed to prohibit a state employee from engaging in outside employment. Such outside employment shall not adversely affect the employee's performance with the state, create a conflict of interest between such additional employment, or conflict with the regular employment schedule of the employee.
Acts 2012, ch. 800, § 46.
Tenn. Code Ann. § 8-3-205 — TN Code / Title 8 / Chapter 3 / Section 8-3-205
Notification requirements of the secretary of state
Status: in_force

The notification requirements of the secretary of state pursuant to this part only apply to any act passed by the general assembly which: (1) Does not amend the general law; (2) Within the body of the act, names and specifically only applies to the named municipality or county; and (3) In the effective date, pursuant to the Constitution of Tennessee, Article XI, § 9, requires a two-thirds (2/3) vote of the legislative body of the specifically named municipality or county to approve or disapprove the act, or requires approval or disapproval of the act in an election by a majority of those voting in the election in the municipality or county affected. Acts 2010, ch. 758, § 1.
The notification requirements of the secretary of state pursuant to this part only apply to any act passed by the general assembly which:
(1) Does not amend the general law;
(2) Within the body of the act, names and specifically only applies to the named municipality or county; and
(3) In the effective date, pursuant to the Constitution of Tennessee, Article XI, § 9, requires a two-thirds (2/3) vote of the legislative body of the specifically named municipality or county to approve or disapprove the act, or requires approval or disapproval of the act in an election by a majority of those voting in the election in the municipality or county affected.
Acts 2010, ch. 758, § 1.
Tenn. Code Ann. § 8-8-301 — TN Code / Title 8 / Chapter 8 / Section 8-8-301
Liability for wrongs of deputies - Limitation
Status: in_force

(a) No sheriff, whether elected or appointed, nor any surety on the sheriff's bonds, shall be liable for any wrongs, injuries, losses, damages or expenses incurred as a result of any act or failure to act on the part of any deputy appointed by the sheriff, whether the deputy is acting by virtue of office, under color of office or otherwise. (b) As used in this section and § 8-8-302 , "deputy" includes a jailer appointed by a sheriff pursuant to § 41-4-101 . Amended by 2017 Tenn. Acts, ch. 261, s 1, eff. 5/2/2017. Acts 1972, ch. 800, § 1; T.C.A., § 8-832.
(a) No sheriff, whether elected or appointed, nor any surety on the sheriff's bonds, shall be liable for any wrongs, injuries, losses, damages or expenses incurred as a result of any act or failure to act on the part of any deputy appointed by the sheriff, whether the deputy is acting by virtue of office, under color of office or otherwise.
(b) As used in this section and § 8-8-302 , "deputy" includes a jailer appointed by a sheriff pursuant to § 41-4-101 .
Amended by 2017 Tenn. Acts, ch. 261, s 1, eff. 5/2/2017.
Acts 1972, ch. 800, § 1; T.C.A., § 8-832.
Tenn. Code Ann. § 8-4-402 — TN Code / Title 8 / Chapter 4 / Section 8-4-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Community grant" means federal funds made available to the state of Tennessee for administration and distribution pursuant to any of the following programs: (A) The maternal and child health block grant program; (B) The preventative health and services block grant program; (C) The alcohol, drug abuse, and mental health block grant program; (D) The social services block grant program; (E) The community services block grant program; or (F) The low income energy assistance program; (2) "Community grant agency" means any private corporation that contracts with a state agency to receive one (1) or more community grants in consideration for rendering specified services to the public; (3) "Hotline" means a method or system created or established to accept any telephonic or electronic form of communication that is communicated to the office of the comptroller of the treasury, for the purposes of providing governmental employees and citizens of Tennessee a means to report or provide information relating to alleged fraud, abuse, or wrongdoing; (4) "Local agency" means any county, municipality, branch or agency of a county or municipality, public utility, utility district, entity created pursuant to any interlocal agreement, or any other political subdivision thereof; and (5) "State agency" means each state board, commission, committee, department, office, or any other unit of state government. Acts 1985, ch. 186, § 1; T.C.A. § 8-4-401 ; Acts 2006, ch. 972, § 2; 2010, ch. 784, § 1; 2012, ch. 548, § 1.
As used in this part, unless the context otherwise requires:
(1) "Community grant" means federal funds made available to the state of Tennessee for administration and distribution pursuant to any of the following programs: (A) The maternal and child health block grant program; (B) The preventative health and services block grant program; (C) The alcohol, drug abuse, and mental health block grant program; (D) The social services block grant program; (E) The community services block grant program; or (F) The low income energy assistance program;
(A) The maternal and child health block grant program;
(B) The preventative health and services block grant program;
(C) The alcohol, drug abuse, and mental health block grant program;
(D) The social services block grant program;
(E) The community services block grant program; or
(F) The low income energy assistance program;
(2) "Community grant agency" means any private corporation that contracts with a state agency to receive one (1) or more community grants in consideration for rendering specified services to the public;
(3) "Hotline" means a method or system created or established to accept any telephonic or electronic form of communication that is communicated to the office of the comptroller of the treasury, for the purposes of providing governmental employees and citizens of Tennessee a means to report or provide information relating to alleged fraud, abuse, or wrongdoing;
(4) "Local agency" means any county, municipality, branch or agency of a county or municipality, public utility, utility district, entity created pursuant to any interlocal agreement, or any other political subdivision thereof; and
(5) "State agency" means each state board, commission, committee, department, office, or any other unit of state government.
Acts 1985, ch. 186, § 1; T.C.A. § 8-4-401 ; Acts 2006, ch. 972, § 2; 2010, ch. 784, § 1; 2012, ch. 548, § 1.
Tenn. Code Ann. § 8-44-109 — TN Code / Title 8 / Chapter 44 / Section 8-44-109
Electronic communication via internet forum
Status: in_force

(a) A governing body may, but is not required to, allow electronic communication between members by means of a forum over the internet only if the governing body: (1) Ensures that the forum through which the electronic communications are conducted is available to the public at all times other than that necessary for technical maintenance or unforeseen technical limitations; (2) Provides adequate public notice of the governing body's intended use of the electronic communication forum; (3) Controls who may communicate through the forum; (4) Controls the archiving of the electronic communications to ensure that the electronic communications are publicly available for at least one (1) year after the date of the communication; provided, that access to the archived electronic communications is user-friendly for the public; and (5) Provides reasonable access for members of the public to view the forum at the local public library, the building where the governing body meets or other public building. (b) Electronic communications posted to a forum shall not substitute for decision making by the governing body in a meeting held in accordance with this part. Communications between members of a governing body posted to a forum complying with this section shall be deemed to be in compliance with the open meetings laws compiled in this part. (c) Prior to a governing body initially utilizing a forum to allow electronic communications by its members that meets the requirements of this section, including the public notice required in subsection (a), the governing body shall file a plan with the office of open records counsel. The plan shall describe how the governing body will ensure compliance with subsection (a). Within thirty (30) days of receipt of the plan, the office of open records counsel shall acknowledge receipt of the plan and shall report whether or not the plan and the proposed actions comply with subsection (a). If the office determines that compliance with subsection (a) has not been met, the office shall provide written comments regarding the plan to the governing body. Until such time as the governing body complies with the written comments provided by the office and the office issues a report of compliance, the governing body shall not be allowed to establish or utilize such forum. This subsection (c) shall not apply to any governing body that had established a forum pursuant to this section prior to May 7, 2009. (d) No member participating in an electronic communication pursuant to this section is deemed to be eligible for per diem for such participation. (e) As used in this section, "governing body" means the elected governing body of a county, city, metropolitan form of government or school board. Acts 2008 , ch. 923, § 2; 2009 , ch. 175, § 2.
(a) A governing body may, but is not required to, allow electronic communication between members by means of a forum over the internet only if the governing body: (1) Ensures that the forum through which the electronic communications are conducted is available to the public at all times other than that necessary for technical maintenance or unforeseen technical limitations; (2) Provides adequate public notice of the governing body's intended use of the electronic communication forum; (3) Controls who may communicate through the forum; (4) Controls the archiving of the electronic communications to ensure that the electronic communications are publicly available for at least one (1) year after the date of the communication; provided, that access to the archived electronic communications is user-friendly for the public; and (5) Provides reasonable access for members of the public to view the forum at the local public library, the building where the governing body meets or other public building.
(1) Ensures that the forum through which the electronic communications are conducted is available to the public at all times other than that necessary for technical maintenance or unforeseen technical limitations;
(2) Provides adequate public notice of the governing body's intended use of the electronic communication forum;
(3) Controls who may communicate through the forum;
(4) Controls the archiving of the electronic communications to ensure that the electronic communications are publicly available for at least one (1) year after the date of the communication; provided, that access to the archived electronic communications is user-friendly for the public; and
(5) Provides reasonable access for members of the public to view the forum at the local public library, the building where the governing body meets or other public building.
(b) Electronic communications posted to a forum shall not substitute for decision making by the governing body in a meeting held in accordance with this part. Communications between members of a governing body posted to a forum complying with this section shall be deemed to be in compliance with the open meetings laws compiled in this part.
(c) Prior to a governing body initially utilizing a forum to allow electronic communications by its members that meets the requirements of this section, including the public notice required in subsection (a), the governing body shall file a plan with the office of open records counsel. The plan shall describe how the governing body will ensure compliance with subsection (a). Within thirty (30) days of receipt of the plan, the office of open records counsel shall acknowledge receipt of the plan and shall report whether or not the plan and the proposed actions comply with subsection (a). If the office determines that compliance with subsection (a) has not been met, the office shall provide written comments regarding the plan to the governing body. Until such time as the governing body complies with the written comments provided by the office and the office issues a report of compliance, the governing body shall not be allowed to establish or utilize such forum. This subsection (c) shall not apply to any governing body that had established a forum pursuant to this section prior to May 7, 2009.
(d) No member participating in an electronic communication pursuant to this section is deemed to be eligible for per diem for such participation.
(e) As used in this section, "governing body" means the elected governing body of a county, city, metropolitan form of government or school board.
Acts 2008 , ch. 923, § 2; 2009 , ch. 175, § 2.
Tenn. Code Ann. § 8-35-411 — TN Code / Title 8 / Chapter 35 / Section 8-35-411
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015. Acts 2001, ch. 305, § 1.
Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015.
Acts 2001, ch. 305, § 1.
Tenn. Code Ann. § 8-35-312 — TN Code / Title 8 / Chapter 35 / Section 8-35-312
Adjustment of teachers' benefits when local fund includes certain nonteachers
Status: in_force

Notwithstanding the foregoing, whenever the managing board of a local retirement fund includes municipal employees who are not elected by the people and who are not members of the board of education, nor employed or appointed by the board of education, the managing board shall pay monthly to each retired teacher, in addition to whatever retirement income such retired teacher is otherwise entitled to receive from the local retirement fund, an amount not less than such retired teacher's proportionate part of the excess of the total of the state annuities received by the managing board for all retired teachers for that month over that for the corresponding month of 1961. Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(8).
Notwithstanding the foregoing, whenever the managing board of a local retirement fund includes municipal employees who are not elected by the people and who are not members of the board of education, nor employed or appointed by the board of education, the managing board shall pay monthly to each retired teacher, in addition to whatever retirement income such retired teacher is otherwise entitled to receive from the local retirement fund, an amount not less than such retired teacher's proportionate part of the excess of the total of the state annuities received by the managing board for all retired teachers for that month over that for the corresponding month of 1961.
Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(8).
Tenn. Code Ann. § 8-8-220 — TN Code / Title 8 / Chapter 8 / Section 8-8-220
Civil actions - Sheriff may appoint persons to serve process
Status: in_force

In any civil action when the service of process is attempted to be served and is subsequently returned unserved, the sheriff of any county may appoint a person, who is a citizen of this state and who is of legal age, to serve such service of process within the prescribed limitations on service of process. Such appointment shall be made in writing and shall be filed with the court in such civil action. A person appointed to serve process as provided above shall be paid the appropriate fees, make an appropriate bond, assume such liability as the law requires, and file an affidavit with the court in such civil action indicating service of process was served, as is provided for appointments made under § 8-8-108 . Acts 1980, ch. 674, § 1.
In any civil action when the service of process is attempted to be served and is subsequently returned unserved, the sheriff of any county may appoint a person, who is a citizen of this state and who is of legal age, to serve such service of process within the prescribed limitations on service of process. Such appointment shall be made in writing and shall be filed with the court in such civil action. A person appointed to serve process as provided above shall be paid the appropriate fees, make an appropriate bond, assume such liability as the law requires, and file an affidavit with the court in such civil action indicating service of process was served, as is provided for appointments made under § 8-8-108 .
Acts 1980, ch. 674, § 1.
Tenn. Code Ann. § 8-3-105 — TN Code / Title 8 / Chapter 3 / Section 8-3-105
Office of assistant secretary - Appointment
Status: in_force

(a) There is created the office of assistant secretary of state who shall serve as secretary of state during any emergency when the regular secretary of state is disabled or disqualified from performing the duties of the office. (b) If the general assembly is not in session when such emergency exists, the governor shall appoint such assistant secretary of state to serve until the general assembly convenes, at which time the general assembly shall elect the assistant in the event the emergency then continues. If the general assembly is in session when the emergency commences, the assistant secretary of state shall be elected by the joint vote of the general assembly. Acts 1949, ch. 120, § 1; C. Supp. 1950, § 191.1; T.C.A. (orig. ed.), § 8-305.
(a) There is created the office of assistant secretary of state who shall serve as secretary of state during any emergency when the regular secretary of state is disabled or disqualified from performing the duties of the office.
(b) If the general assembly is not in session when such emergency exists, the governor shall appoint such assistant secretary of state to serve until the general assembly convenes, at which time the general assembly shall elect the assistant in the event the emergency then continues. If the general assembly is in session when the emergency commences, the assistant secretary of state shall be elected by the joint vote of the general assembly.
Acts 1949, ch. 120, § 1; C. Supp. 1950, § 191.1; T.C.A. (orig. ed.), § 8-305.
Tenn. Code Ann. § 8-49-105 — TN Code / Title 8 / Chapter 49 / Section 8-49-105
Commitment for failure to deliver records and property
Status: in_force

If such affidavit is not made, and it appears that any such books, papers, and property are withheld, the officer before whom the proceedings are had, shall, by warrant, commit the person so withholding them to the county jail, there to remain until that person delivers such books, papers, and property, or is otherwise discharged by law. Code 1858, § 809; Shan., § 1130; Code 1932, § 1871; T.C.A. (orig. ed.), § 8-2905.
If such affidavit is not made, and it appears that any such books, papers, and property are withheld, the officer before whom the proceedings are had, shall, by warrant, commit the person so withholding them to the county jail, there to remain until that person delivers such books, papers, and property, or is otherwise discharged by law.
Code 1858, § 809; Shan., § 1130; Code 1932, § 1871; T.C.A. (orig. ed.), § 8-2905.
Tenn. Code Ann. § 8-50-106 — TN Code / Title 8 / Chapter 50 / Section 8-50-106
Social worker's qualifications for state institution positions
Status: in_force

No person shall hold a position as social worker in any mental health institution in this state unless that person possesses adequate training and competence in the field of social work. Acts 1976, ch. 593, § 1; modified; T.C.A., § 8-4134.
No person shall hold a position as social worker in any mental health institution in this state unless that person possesses adequate training and competence in the field of social work.
Acts 1976, ch. 593, § 1; modified; T.C.A., § 8-4134.
Tenn. Code Ann. § 8-34-403 — TN Code / Title 8 / Chapter 34 / Section 8-34-403
Compensation and expenses
Status: in_force

Compensation for services of the medical advisors shall be determined by the board of trustees; provided, that all reimbursement for travel expense shall be in accordance with the comprehensive travel regulations 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(42); T.C.A., § 8-3927; Acts 2009, ch. 142, § 6.
Compensation for services of the medical advisors shall be determined by the board of trustees; provided, that all reimbursement for travel expense shall be in accordance with the comprehensive travel regulations 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(42); T.C.A., § 8-3927; Acts 2009, ch. 142, § 6.
Tenn. Code Ann. § 8-13-109 — TN Code / Title 8 / Chapter 13 / Section 8-13-109
Payment for record books
Status: in_force

The different county legislative bodies or trustees shall pay for all such books procured as aforementioned, as is now done for county records. Acts 1867-1868, ch. 62, § 2; Shan., § 568; Code 1932, § 823; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1309.
The different county legislative bodies or trustees shall pay for all such books procured as aforementioned, as is now done for county records.
Acts 1867-1868, ch. 62, § 2; Shan., § 568; Code 1932, § 823; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1309.
Tenn. Code Ann. § 8-14-103 — TN Code / Title 8 / Chapter 14 / Section 8-14-103
Office expenses
Status: in_force

The state shall provide each district public defender with suitable office space within the judicial district, together with necessary equipment and supplies and secretarial assistance. Nothing in this section shall be construed as prohibiting a county from providing another suitable office for such public defender or the public defender's personnel within the judicial district. Acts 1989, ch. 588, § 3; 1991, ch. 345, § 2.
The state shall provide each district public defender with suitable office space within the judicial district, together with necessary equipment and supplies and secretarial assistance. Nothing in this section shall be construed as prohibiting a county from providing another suitable office for such public defender or the public defender's personnel within the judicial district.
Acts 1989, ch. 588, § 3; 1991, ch. 345, § 2.
Tenn. Code Ann. § 8-19-104 — TN Code / Title 8 / Chapter 19 / Section 8-19-104
[Repealed] Reserved
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 207, s 21, eff. 7/1/2023. Acts 1941, ch. 138, § 4; C. Supp. 1950, § 1839.4; T.C.A. (orig. ed.), § 8-1904.
Repealed by 2023 Tenn. Acts, ch. 207, s 21, eff. 7/1/2023.
Acts 1941, ch. 138, § 4; C. Supp. 1950, § 1839.4; T.C.A. (orig. ed.), § 8-1904.
Tenn. Code Ann. § 8-50-118 — TN Code / Title 8 / Chapter 50 / Section 8-50-118
Keeping employee photo identification on retirement
Status: in_force

The state shall allow an employee upon retirement to keep such employee's employee photo identification card issued by the state. A sticker or other designation shall be placed on the employee photo identification card to indicate that the employee is retired. Acts 2012, ch. 938, § 1.
The state shall allow an employee upon retirement to keep such employee's employee photo identification card issued by the state. A sticker or other designation shall be placed on the employee photo identification card to indicate that the employee is retired.
Acts 2012, ch. 938, § 1.
Tenn. Code Ann. § 8-35-409 — TN Code / Title 8 / Chapter 35 / Section 8-35-409
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015. Acts 1982, ch. 771, § 7; 1988, ch. 973, § 7; 2007 , ch. 184, §§ 10, 11.
Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015.
Acts 1982, ch. 771, § 7; 1988, ch. 973, § 7; 2007 , ch. 184, §§ 10, 11.
Tenn. Code Ann. § 8-16-310 — TN Code / Title 8 / Chapter 16 / Section 8-16-310
Online notarization procedures
Status: in_force

(a) In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this part and rules promulgated pursuant to this part. Identity may be verified by: (1) The online notary public's personal knowledge of the person creating the electronic signature; or (2) (A) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person; (B) Credential analysis of the credential described in subdivision (a)(2)(A); and (C) Identity proofing of the person described in subdivision (a)(2)(A). (b) The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception. (c) The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization. (d) The validity of an online notarization performed by an online notary public of this state in accordance with this chapter shall be determined by applying the laws of this state. Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
(a) In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this part and rules promulgated pursuant to this part. Identity may be verified by: (1) The online notary public's personal knowledge of the person creating the electronic signature; or (2) (A) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person; (B) Credential analysis of the credential described in subdivision (a)(2)(A); and (C) Identity proofing of the person described in subdivision (a)(2)(A).
(1) The online notary public's personal knowledge of the person creating the electronic signature; or
(2) (A) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person; (B) Credential analysis of the credential described in subdivision (a)(2)(A); and (C) Identity proofing of the person described in subdivision (a)(2)(A).
(A) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person;
(B) Credential analysis of the credential described in subdivision (a)(2)(A); and
(C) Identity proofing of the person described in subdivision (a)(2)(A).
(b) The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception.
(c) The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization.
(d) The validity of an online notarization performed by an online notary public of this state in accordance with this chapter shall be determined by applying the laws of this state.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
Tenn. Code Ann. § 8-37-402 — TN Code / Title 8 / Chapter 37 / Section 8-37-402
Appropriation of required funds
Status: in_force

(a) The general assembly shall make appropriations sufficient to provide: (1) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of state employees, other than teachers, shall be included in the general appropriations act for the various departments, institutions, commissions, boards and agencies of the state; (2) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of teachers shall be included by the commissioner of education in the commissioner's estimate submitted to the general assembly of the funds necessary for the operation of the school system. Effective July 1, 1992, each local education agency shall provide for any increased amounts needed for its teachers, above the amount funded by the state for fiscal year 1991-1992, from funds appropriated for the Tennessee investment in student achievement formula (TISA); and (3) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of members in Group 3 not employed by the state shall be provided by a separate appropriation for this purpose. (b) The state treasurer shall make such funds available to the board. Amended by 2022 Tenn. Acts, ch. 966, s 93, eff. 7/1/2023. Acts 1972, ch. 814, § 8; T.C.A., § 8-3931; Acts 1981, ch. 387, § 21; 1992, ch. 535, § 45.
(a) The general assembly shall make appropriations sufficient to provide: (1) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of state employees, other than teachers, shall be included in the general appropriations act for the various departments, institutions, commissions, boards and agencies of the state; (2) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of teachers shall be included by the commissioner of education in the commissioner's estimate submitted to the general assembly of the funds necessary for the operation of the school system. Effective July 1, 1992, each local education agency shall provide for any increased amounts needed for its teachers, above the amount funded by the state for fiscal year 1991-1992, from funds appropriated for the Tennessee investment in student achievement formula (TISA); and (3) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of members in Group 3 not employed by the state shall be provided by a separate appropriation for this purpose.
(1) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of state employees, other than teachers, shall be included in the general appropriations act for the various departments, institutions, commissions, boards and agencies of the state;
(2) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of teachers shall be included by the commissioner of education in the commissioner's estimate submitted to the general assembly of the funds necessary for the operation of the school system. Effective July 1, 1992, each local education agency shall provide for any increased amounts needed for its teachers, above the amount funded by the state for fiscal year 1991-1992, from funds appropriated for the Tennessee investment in student achievement formula (TISA); and
(3) The amounts of normal contribution and accrued liability contribution so ascertained to be required on account of members in Group 3 not employed by the state shall be provided by a separate appropriation for this purpose.
(b) The state treasurer shall make such funds available to the board.
Amended by 2022 Tenn. Acts, ch. 966, s 93, eff. 7/1/2023.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3931; Acts 1981, ch. 387, § 21; 1992, ch. 535, § 45.
Tenn. Code Ann. § 8-47-117 — TN Code / Title 8 / Chapter 47 / Section 8-47-117
Hearing on suspension
Status: in_force

No person shall be suspended under this chapter until at least five (5) days' notice of the application for the order of suspension shall be served upon such person, which notice shall set forth the time and place of the hearing of the application, and the officer shall have the right to appear and make any defense that the officer may have, and shall be entitled to a full hearing upon the charges contained in the complaint and upon the application for the order of suspension; and no order of suspension shall be made, except upon finding of good cause therefor. Acts 1915, ch. 11, § 10; Shan., § 1135a17; Code 1932, § 1893; T.C.A. (orig. ed.), § 8-2717.
No person shall be suspended under this chapter until at least five (5) days' notice of the application for the order of suspension shall be served upon such person, which notice shall set forth the time and place of the hearing of the application, and the officer shall have the right to appear and make any defense that the officer may have, and shall be entitled to a full hearing upon the charges contained in the complaint and upon the application for the order of suspension; and no order of suspension shall be made, except upon finding of good cause therefor.
Acts 1915, ch. 11, § 10; Shan., § 1135a17; Code 1932, § 1893; T.C.A. (orig. ed.), § 8-2717.
Tenn. Code Ann. § 8-7-308 — TN Code / Title 8 / Chapter 7 / Section 8-7-308
Election of executive director - Terms - Removal - Vacancy - Salary
Status: in_force

(a) The executive director of the district attorneys general conference shall be elected by a simple majority of the membership of the district attorneys general conference for a term of four (4) years. The election of the executive director shall be held at the annual meeting of the conference which immediately precedes July 1 of years in which presidential elections are held. (b) The term of office of the executive director shall begin on July 1 following election and shall extend through June 30 of the next year in which a presidential election shall be held. (c) The executive director shall, however, be subject to removal from office by vote of a majority of the conference membership at any meeting of the conference held during the executive director's term of office. Upon removal from office of the executive director, or upon a vacancy in the office otherwise occurring during a meeting of the conference, the conference shall elect by vote of a majority of its membership a person to fill the unexpired term of office. Should a vacancy in the office of executive director occur at any other time, the executive committee of the conference shall appoint a person to the office of executive director to serve until the next meeting of the conference, at which time the conference shall, by vote of a majority of its members, elect a person to fill the unexpired term of office of the executive director. (d) The executive director shall receive a salary equal to that fixed by law for a district attorney general. Acts 1972, ch. 551, § 2; 1976, ch. 621, § 2; 1978, ch. 801, § 1; T.C.A., § 8-720; Acts 1996, ch. 996, § 2.
(a) The executive director of the district attorneys general conference shall be elected by a simple majority of the membership of the district attorneys general conference for a term of four (4) years. The election of the executive director shall be held at the annual meeting of the conference which immediately precedes July 1 of years in which presidential elections are held.
(b) The term of office of the executive director shall begin on July 1 following election and shall extend through June 30 of the next year in which a presidential election shall be held.
(c) The executive director shall, however, be subject to removal from office by vote of a majority of the conference membership at any meeting of the conference held during the executive director's term of office. Upon removal from office of the executive director, or upon a vacancy in the office otherwise occurring during a meeting of the conference, the conference shall elect by vote of a majority of its membership a person to fill the unexpired term of office. Should a vacancy in the office of executive director occur at any other time, the executive committee of the conference shall appoint a person to the office of executive director to serve until the next meeting of the conference, at which time the conference shall, by vote of a majority of its members, elect a person to fill the unexpired term of office of the executive director.
(d) The executive director shall receive a salary equal to that fixed by law for a district attorney general.
Acts 1972, ch. 551, § 2; 1976, ch. 621, § 2; 1978, ch. 801, § 1; T.C.A., § 8-720; Acts 1996, ch. 996, § 2.
Tenn. Code Ann. § 8-50-1205 — TN Code / Title 8 / Chapter 50 / Section 8-50-1205
Powers and duties
Status: in_force

In addition to the powers granted by any other provisions of this part, the chief governing body of a political subdivision that establishes an investment trust under this part shall have the powers necessary or convenient to carry out the purposes and provisions of this part and the purposes and objectives of the investment trust, including, but not limited to, the following express powers: (1) To invest any funds of the trust in any instrument, obligation, security, or property that constitutes legal investments, as provided in the investment policy adopted pursuant to § 8-50-1203(2) ; (2) To contract for the provision of all or any part of the services necessary for the management and operation of the investment trust; (3) To contract with financial consultants, auditors, and other consultants as necessary to carry out its responsibilities under this part; (4) To contract with an actuary or actuaries in determining the level of funding necessary by that political subdivision to fund the other post-employment benefits offered by the subdivision; (5) To prepare annual financial reports, including financial statements, following the close of each fiscal year relative to the activities of the trust. The statements and reports shall contain the information that is prescribed by the board and shall be prepared in accordance with the governmental accounting standards board; and (6) Upon the request of the state funding board, to file the annual report and financial statements with the chair of the funding board. The report and statements shall be filed with the chair of the board within ninety (90) calendar days from the date of the request, unless the chair extends the time in writing. Acts 2006, ch. 771, § 1.
In addition to the powers granted by any other provisions of this part, the chief governing body of a political subdivision that establishes an investment trust under this part shall have the powers necessary or convenient to carry out the purposes and provisions of this part and the purposes and objectives of the investment trust, including, but not limited to, the following express powers:
(1) To invest any funds of the trust in any instrument, obligation, security, or property that constitutes legal investments, as provided in the investment policy adopted pursuant to § 8-50-1203(2) ;
(2) To contract for the provision of all or any part of the services necessary for the management and operation of the investment trust;
(3) To contract with financial consultants, auditors, and other consultants as necessary to carry out its responsibilities under this part;
(4) To contract with an actuary or actuaries in determining the level of funding necessary by that political subdivision to fund the other post-employment benefits offered by the subdivision;
(5) To prepare annual financial reports, including financial statements, following the close of each fiscal year relative to the activities of the trust. The statements and reports shall contain the information that is prescribed by the board and shall be prepared in accordance with the governmental accounting standards board; and
(6) Upon the request of the state funding board, to file the annual report and financial statements with the chair of the funding board. The report and statements shall be filed with the chair of the board within ninety (90) calendar days from the date of the request, unless the chair extends the time in writing.
Acts 2006, ch. 771, § 1.
Tenn. Code Ann. § 8-47-109 — TN Code / Title 8 / Chapter 47 / Section 8-47-109
Governor's duty to direct prosecution
Status: in_force

The governor shall have power, and it shall be the governor's duty, whenever the governor has knowledge that reasonable grounds exist for the proceedings authorized by this chapter against any state, county, or municipal officer, to direct the attorney general and reporter, or district attorney general, or county attorney, or city attorney, as the case may be, to institute and prosecute the same against the offending officer. Acts 1915, ch. 11, § 4; Shan., § 1135a7; Code 1932, § 1883; T.C.A. (orig. ed.), § 8-2709.
The governor shall have power, and it shall be the governor's duty, whenever the governor has knowledge that reasonable grounds exist for the proceedings authorized by this chapter against any state, county, or municipal officer, to direct the attorney general and reporter, or district attorney general, or county attorney, or city attorney, as the case may be, to institute and prosecute the same against the offending officer.
Acts 1915, ch. 11, § 4; Shan., § 1135a7; Code 1932, § 1883; T.C.A. (orig. ed.), § 8-2709.
Tenn. Code Ann. § 8-36-908 — TN Code / Title 8 / Chapter 36 / Section 8-36-908
Determination of the amount of annual service retirement allowance
Status: in_force

(a) Notwithstanding any law to the contrary, the base annual service retirement allowance payable to a participant under the defined benefit component of the plan shall not exceed the amount determined and in effect on July 1, 2014, pursuant to § 8-35-256(h) ; provided, however, that commencing on July 1, 2015, and on 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. Such participant's annual pension benefit shall be limited to the base benefit in effect at the time of the participant's retirement, but shall be subject to increase in accordance with the cost-of-living provisions of § 8-36-701(b)(1) and (b)(2) . (b) Notwithstanding subsection (a), the service retirement allowance payable under this part shall not exceed ninety percent (90%) of the participant's average final compensation as may be adjusted by the cost-of-living provisions of § 8-36-701(b)(1) and (b)(2) . Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) Notwithstanding any law to the contrary, the base annual service retirement allowance payable to a participant under the defined benefit component of the plan shall not exceed the amount determined and in effect on July 1, 2014, pursuant to § 8-35-256(h) ; provided, however, that commencing on July 1, 2015, and on 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. Such participant's annual pension benefit shall be limited to the base benefit in effect at the time of the participant's retirement, but shall be subject to increase in accordance with the cost-of-living provisions of § 8-36-701(b)(1) and (b)(2) .
(b) Notwithstanding subsection (a), the service retirement allowance payable under this part shall not exceed ninety percent (90%) of the participant's average final compensation as may be adjusted by the cost-of-living provisions of § 8-36-701(b)(1) and (b)(2) .
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-30-308 — TN Code / Title 8 / Chapter 30 / Section 8-30-308
Probationary period of employment for preferred service employees
Status: in_force

(a) Every person appointed to a position in the preferred service shall be subject to a probationary period of employment. The probationary period shall commence immediately upon appointment and shall continue for such time, not less than one (1) year, as shall be established by the commissioner. At any time during the employee's probationary period the appointing authority may remove the employee if, in the opinion of the appointing authority, the employee's performance or conduct during the probationary period indicates that such employee is unable or unwilling to satisfactorily perform or is not satisfactorily performing the employee's duties, or that the employee's habits, dependability, or conduct do not merit continuance in the service. (b) During the last month of an employee's probationary period, the appointing authority shall notify the commissioner in writing whether the performance and conduct of the employee have been satisfactory and whether continued employment is recommended. (c) An employee in the preferred service who accepts another preferred service position within the same state agency shall serve a subsequent probationary period for a time period of not less than one (1) year. An employee serving a subsequent probationary period may appeal a suspension, demotion, or separation from service; provided, that an employee shall not appeal a demotion that returns the employee to the employee's immediately preceding former position. Amended by 2018 Tenn. Acts, ch. 792,s 1, eff. 4/20/2018. Acts 2012, ch. 800, § 29.
(a) Every person appointed to a position in the preferred service shall be subject to a probationary period of employment. The probationary period shall commence immediately upon appointment and shall continue for such time, not less than one (1) year, as shall be established by the commissioner. At any time during the employee's probationary period the appointing authority may remove the employee if, in the opinion of the appointing authority, the employee's performance or conduct during the probationary period indicates that such employee is unable or unwilling to satisfactorily perform or is not satisfactorily performing the employee's duties, or that the employee's habits, dependability, or conduct do not merit continuance in the service.
(b) During the last month of an employee's probationary period, the appointing authority shall notify the commissioner in writing whether the performance and conduct of the employee have been satisfactory and whether continued employment is recommended.
(c) An employee in the preferred service who accepts another preferred service position within the same state agency shall serve a subsequent probationary period for a time period of not less than one (1) year. An employee serving a subsequent probationary period may appeal a suspension, demotion, or separation from service; provided, that an employee shall not appeal a demotion that returns the employee to the employee's immediately preceding former position.
Amended by 2018 Tenn. Acts, ch. 792,s 1, eff. 4/20/2018.
Acts 2012, ch. 800, § 29.
Tenn. Code Ann. § 8-50-909 — TN Code / Title 8 / Chapter 50 / Section 8-50-909
Dissolution
Status: in_force

In the event the sick leave bank is dissolved, the total number of days on deposit shall be returned to the then participating members and credited to their personal sick leave accumulation in proportion to the number of days each has contributed individually. Days returned under this section and credited to the individual participant's accumulation shall be rounded to the nearest one-half (½) day. Acts 1988, ch. 1009, § 1.
In the event the sick leave bank is dissolved, the total number of days on deposit shall be returned to the then participating members and credited to their personal sick leave accumulation in proportion to the number of days each has contributed individually. Days returned under this section and credited to the individual participant's accumulation shall be rounded to the nearest one-half (½) day.
Acts 1988, ch. 1009, § 1.
Tenn. Code Ann. § 8-36-603 — TN Code / Title 8 / Chapter 36 / Section 8-36-603
Election of option by retired member not formerly electing
Status: in_force

Any other provisions to the contrary notwithstanding, any retired member of any superseded system as defined in § 8-34-101 , or this system, who upon retirement did not elect an option, but who now desires to do so may in the manner prescribed by the board of trustees have benefits recomputed by an actuarial reevaluation in favor of such beneficiary. Amended by 2016 Tenn. Acts, ch. 962, s 34, eff. 4/27/2016. Acts 1973, ch. 196, § 1; T.C.A., § 8-3917(c).
Any other provisions to the contrary notwithstanding, any retired member of any superseded system as defined in § 8-34-101 , or this system, who upon retirement did not elect an option, but who now desires to do so may in the manner prescribed by the board of trustees have benefits recomputed by an actuarial reevaluation in favor of such beneficiary.
Amended by 2016 Tenn. Acts, ch. 962, s 34, eff. 4/27/2016.
Acts 1973, ch. 196, § 1; T.C.A., § 8-3917(c).
Tenn. Code Ann. § 8-18-113 — TN Code / Title 8 / Chapter 18 / Section 8-18-113
Acting without oath
Status: in_force

Any officer or deputy required by law to take and file such oaths, who enters upon the duties of the office without first taking and filing the same as prescribed, commits a Class C misdemeanor. Code 1858, § 759; Shan., § 1080; Code 1932, § 1821; T.C.A. (orig. ed.), § 8-1813; Acts 1989, ch. 591, § 113.
Any officer or deputy required by law to take and file such oaths, who enters upon the duties of the office without first taking and filing the same as prescribed, commits a Class C misdemeanor.
Code 1858, § 759; Shan., § 1080; Code 1932, § 1821; T.C.A. (orig. ed.), § 8-1813; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 8-3-203 — TN Code / Title 8 / Chapter 3 / Section 8-3-203
Secretary of state to ascertain result of local action on private or local act
Status: in_force

It is the duty of the secretary of state to ascertain whether local action has been taken on all acts which are private or local in form or effect which requires a notification of the secretary of state pursuant to § 8-3-205 . When a certificate of local action taken has not been received within the time limit specified in such act, the secretary of state shall take steps to find out whether any action has been taken and to obtain the necessary certificate, including the sending of a courier to examine local records and to procure a certificate if all other measures fail. Acts 1957, ch. 379, § 3; T.C.A., § 8-310; Acts 2010 , ch. 758, § 4.
It is the duty of the secretary of state to ascertain whether local action has been taken on all acts which are private or local in form or effect which requires a notification of the secretary of state pursuant to § 8-3-205 . When a certificate of local action taken has not been received within the time limit specified in such act, the secretary of state shall take steps to find out whether any action has been taken and to obtain the necessary certificate, including the sending of a courier to examine local records and to procure a certificate if all other measures fail.
Acts 1957, ch. 379, § 3; T.C.A., § 8-310; Acts 2010 , ch. 758, § 4.
Tenn. Code Ann. § 8-25-106 — TN Code / Title 8 / Chapter 25 / Section 8-25-106
Program supplemental
Status: in_force

A plan established by this part shall exist and serve in addition to other retirement, pension, or benefit systems established by the state of Tennessee, state agencies, counties, municipalities, or other political subdivisions. A deferred compensation plan established by this part shall not supersede, make inoperative, or reduce any benefits provided by the consolidated retirement system or programs established by any counties, municipalities, or other political subdivision thereof, or any other retirement, pension, or benefit program established by law. Amended by 2024 Tenn. Acts, ch. 605,s 3, eff. 3/27/2024. Acts 1973, ch. 359, § 6; T.C.A., § 8-4306.
A plan established by this part shall exist and serve in addition to other retirement, pension, or benefit systems established by the state of Tennessee, state agencies, counties, municipalities, or other political subdivisions. A deferred compensation plan established by this part shall not supersede, make inoperative, or reduce any benefits provided by the consolidated retirement system or programs established by any counties, municipalities, or other political subdivision thereof, or any other retirement, pension, or benefit program established by law.
Amended by 2024 Tenn. Acts, ch. 605,s 3, eff. 3/27/2024.
Acts 1973, ch. 359, § 6; T.C.A., § 8-4306.
Tenn. Code Ann. § 8-7-314 — TN Code / Title 8 / Chapter 7 / Section 8-7-314
[Effective 7/1/2026] District attorneys general conference - Composition of statewide report
Status: in_force

The district attorneys general conference shall compile a statewide report summarizing the information provided by each district attorney general under § 8-7-115 in a uniform fashion that is sortable by offense and jurisdiction. The district attorneys general conference shall make the report available to the public, and submit the report to the governor, speaker of the house of representatives, speaker of the senate, chair of the criminal justice committee of the house of representatives, and chair of the judiciary committee of the senate. Added by 2024 Tenn. Acts, ch. 895,s 2, eff. 7/1/2026.
The district attorneys general conference shall compile a statewide report summarizing the information provided by each district attorney general under § 8-7-115 in a uniform fashion that is sortable by offense and jurisdiction. The district attorneys general conference shall make the report available to the public, and submit the report to the governor, speaker of the house of representatives, speaker of the senate, chair of the criminal justice committee of the house of representatives, and chair of the judiciary committee of the senate.
Added by 2024 Tenn. Acts, ch. 895,s 2, eff. 7/1/2026.
Tenn. Code Ann. § 8-8-103 — TN Code / Title 8 / Chapter 8 / Section 8-8-103
Surety bond
Status: in_force

Before entering into the duties of the office, the sheriff shall take an oath to support the constitutions of this state and of the United States, and an oath of office pursuant to § 8-8-104 . The sheriff shall execute an official bond in an amount of one hundred thousand dollars ($100,000), or such greater amount as the county legislative body by resolution may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19. Amended by 2023 Tenn. Acts, ch. 207, s 5, eff. 7/1/2023. Amended by 2013 Tenn. Acts, ch. 315, s 8, eff. 4/29/2013. Code 1858, §§ 354, 355 (deriv. Acts 1777 (Nov.), ch. 8, § 2; 1839-1840, ch. 63, §§ 1, 5); Shan., §§ 443, 444; Code 1932, §§ 690, 691; Acts 1977, ch. 270, § 2; T.C.A. (orig. ed.), § 8-803; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1998, ch. 677, § 6.
Before entering into the duties of the office, the sheriff shall take an oath to support the constitutions of this state and of the United States, and an oath of office pursuant to § 8-8-104 . The sheriff shall execute an official bond in an amount of one hundred thousand dollars ($100,000), or such greater amount as the county legislative body by resolution may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207, s 5, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, s 8, eff. 4/29/2013.
Code 1858, §§ 354, 355 (deriv. Acts 1777 (Nov.), ch. 8, § 2; 1839-1840, ch. 63, §§ 1, 5); Shan., §§ 443, 444; Code 1932, §§ 690, 691; Acts 1977, ch. 270, § 2; T.C.A. (orig. ed.), § 8-803; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1998, ch. 677, § 6.
Tenn. Code Ann. § 8-2-101 — TN Code / Title 8 / Chapter 2 / Section 8-2-101
Office created - Succession to governorship
Status: in_force

There is hereby created the state office of lieutenant governor. The person holding the office of lieutenant governor shall be next in succession to the office of governor. Acts 1951, ch. 49, § 1 (Williams, § 187.2); T.C.A. (orig. ed.), § 8-201.
There is hereby created the state office of lieutenant governor. The person holding the office of lieutenant governor shall be next in succession to the office of governor.
Acts 1951, ch. 49, § 1 (Williams, § 187.2); T.C.A. (orig. ed.), § 8-201.
Tenn. Code Ann. § 8-21-402 — TN Code / Title 8 / Chapter 21 / Section 8-21-402
Fee collected for construction and maintenance of new facilities for juvenile courts
Status: in_force

(a) By a two-thirds ( 2 / 3 ) vote of the county legislative body of any county having a population of not less than one hundred eighty-three thousand one hundred (183,100), nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, the clerks of all special juvenile courts and all courts of general sessions having juvenile court jurisdiction may collect the sum of seventy-five dollars ($75.00) from any person who: (1) Enters a plea of guilty; (2) Enters a plea of nolo contendere; (3) Is adjudicated at trial, or whose case is handled under pretrial diversion or retirement; or (4) Is found in violation of the terms and conditions of a probationary or valid court order. (b) The fee described in subsection (a) shall be subject to § 8-21-401 and shall be in addition to all other taxes, costs, and fines. (c) The purpose of the fee described in subsection (a) shall be designated for construction of new facilities for juvenile courts in their respective counties. The fee shall be deposited by the clerk of the collecting court into a dedicated county fund. The fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this subsection (c). The money collected shall be used exclusively for the creation and maintenance of new facilities for juvenile courts. Added by 2016 Tenn. Acts, ch. 901, s 1, eff. 7/1/2016.
(a) By a two-thirds ( 2 / 3 ) vote of the county legislative body of any county having a population of not less than one hundred eighty-three thousand one hundred (183,100), nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, the clerks of all special juvenile courts and all courts of general sessions having juvenile court jurisdiction may collect the sum of seventy-five dollars ($75.00) from any person who: (1) Enters a plea of guilty; (2) Enters a plea of nolo contendere; (3) Is adjudicated at trial, or whose case is handled under pretrial diversion or retirement; or (4) Is found in violation of the terms and conditions of a probationary or valid court order.
(1) Enters a plea of guilty;
(2) Enters a plea of nolo contendere;
(3) Is adjudicated at trial, or whose case is handled under pretrial diversion or retirement; or
(4) Is found in violation of the terms and conditions of a probationary or valid court order.
(b) The fee described in subsection (a) shall be subject to § 8-21-401 and shall be in addition to all other taxes, costs, and fines.
(c) The purpose of the fee described in subsection (a) shall be designated for construction of new facilities for juvenile courts in their respective counties. The fee shall be deposited by the clerk of the collecting court into a dedicated county fund. The fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this subsection (c). The money collected shall be used exclusively for the creation and maintenance of new facilities for juvenile courts.
Added by 2016 Tenn. Acts, ch. 901, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 8-34-208 — TN Code / Title 8 / Chapter 34 / Section 8-34-208
Reserved
Status: repealed

Acts 1990, ch. 961, § 2.
Tenn. Code Ann. § 8-36-812 — TN Code / Title 8 / Chapter 36 / Section 8-36-812
Filing of federal wage reports on reemployed retired members
Status: in_force

Nothing in this part shall be interpreted to relieve the employer from filing the required employee wage reports with the appropriate federal agencies on behalf of retired members that are reemployed under this part. Acts 1979, ch. 320, § 1; T.C.A., § 8-3939(f); Acts 1986, ch. 553, § 21.
Nothing in this part shall be interpreted to relieve the employer from filing the required employee wage reports with the appropriate federal agencies on behalf of retired members that are reemployed under this part.
Acts 1979, ch. 320, § 1; T.C.A., § 8-3939(f); Acts 1986, ch. 553, § 21.
Tenn. Code Ann. § 8-14-113 — TN Code / Title 8 / Chapter 14 / Section 8-14-113
Direct public defender appellate division
Status: in_force

(a) The district public defenders conference shall establish, and the executive director shall operate, the district public defender appellate division for the purpose of representing indigent persons in direct appeals, pursuant to § 8-14-104 , to the Tennessee court of criminal appeals and the Tennessee supreme court. (b) The executive director, or the executive director's designee, shall be the director of the appellate division. (c) An assistant public defender of the appellate division must be an attorney licensed to practice law in this state. A person so employed serves at the direction of the executive director and performs such duties as the executive director may require. (d) (1) The appellate division shall represent indigent persons upon appeal from the circuit or criminal courts in this state, pursuant to § 8-14-104 . (2) The appellate division may, however, refuse the appointments where necessary: (A) Due to a conflict of interest; (B) If the executive director determines the existing caseload cannot be increased without jeopardizing the appellate division's ability to provide effective representation; or (C) Where the district public defender deems it necessary for the best interests of the defendant. (e) (1) In order to effectively and efficiently use the resources of the appellate division, the executive director may: (A) Select and employ staff attorneys to perform the duties prescribed by this section; and (B) Fill a full-time employee position with two (2) part-time employees. (2) In order to implement assignments, available funds may be reallocated or transferred, subject to overall budgetary limits. (f) A person employed as a full-time assistant public defender in the appellate division pursuant to this section is not permitted to engage in the practice of law except as the duties of such position requires. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the district public defender appeals division shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct. (g) Effective July 1, 2019, there are authorized six (6) appellate attorney positions within the appellate division. (h) Appellate division attorneys are to be compensated as assistant public defenders pursuant to § 8-14-107 . Added by 2019 Tenn. Acts, ch. 428, s 1, eff. 7/1/2019.
(a) The district public defenders conference shall establish, and the executive director shall operate, the district public defender appellate division for the purpose of representing indigent persons in direct appeals, pursuant to § 8-14-104 , to the Tennessee court of criminal appeals and the Tennessee supreme court.
(b) The executive director, or the executive director's designee, shall be the director of the appellate division.
(c) An assistant public defender of the appellate division must be an attorney licensed to practice law in this state. A person so employed serves at the direction of the executive director and performs such duties as the executive director may require.
(d) (1) The appellate division shall represent indigent persons upon appeal from the circuit or criminal courts in this state, pursuant to § 8-14-104 . (2) The appellate division may, however, refuse the appointments where necessary: (A) Due to a conflict of interest; (B) If the executive director determines the existing caseload cannot be increased without jeopardizing the appellate division's ability to provide effective representation; or (C) Where the district public defender deems it necessary for the best interests of the defendant.
(1) The appellate division shall represent indigent persons upon appeal from the circuit or criminal courts in this state, pursuant to § 8-14-104 .
(2) The appellate division may, however, refuse the appointments where necessary: (A) Due to a conflict of interest; (B) If the executive director determines the existing caseload cannot be increased without jeopardizing the appellate division's ability to provide effective representation; or (C) Where the district public defender deems it necessary for the best interests of the defendant.
(A) Due to a conflict of interest;
(B) If the executive director determines the existing caseload cannot be increased without jeopardizing the appellate division's ability to provide effective representation; or
(C) Where the district public defender deems it necessary for the best interests of the defendant.
(e) (1) In order to effectively and efficiently use the resources of the appellate division, the executive director may: (A) Select and employ staff attorneys to perform the duties prescribed by this section; and (B) Fill a full-time employee position with two (2) part-time employees. (2) In order to implement assignments, available funds may be reallocated or transferred, subject to overall budgetary limits.
(1) In order to effectively and efficiently use the resources of the appellate division, the executive director may: (A) Select and employ staff attorneys to perform the duties prescribed by this section; and (B) Fill a full-time employee position with two (2) part-time employees.
(A) Select and employ staff attorneys to perform the duties prescribed by this section; and
(B) Fill a full-time employee position with two (2) part-time employees.
(2) In order to implement assignments, available funds may be reallocated or transferred, subject to overall budgetary limits.
(f) A person employed as a full-time assistant public defender in the appellate division pursuant to this section is not permitted to engage in the practice of law except as the duties of such position requires. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the district public defender appeals division shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct.
(g) Effective July 1, 2019, there are authorized six (6) appellate attorney positions within the appellate division.
(h) Appellate division attorneys are to be compensated as assistant public defenders pursuant to § 8-14-107 .
Added by 2019 Tenn. Acts, ch. 428, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 8-5-201 — TN Code / Title 8 / Chapter 5 / Section 8-5-201
Vacancy in office
Status: in_force

Whenever the office of state treasurer becomes vacant, by death, resignation, or otherwise, during the recess of the general assembly, the governor shall immediately fill it by appointing some person qualified to discharge its duties. The person appointed shall, before entering upon the duties of the office, enter into bond, with such sureties as shall be approved by the governor, in the penalty of one hundred thousand dollars ($100,000), and shall take the same oath, perform all the duties, be liable to the same penalties and receive the same compensation as the state treasurer appointed by the general assembly. Code 1858, § 227 (deriv. Acts 1835-1836, ch. 27, § 8); Shan., § 275; Code 1932, § 219; T.C.A. (orig. ed.), § 8-514.
Whenever the office of state treasurer becomes vacant, by death, resignation, or otherwise, during the recess of the general assembly, the governor shall immediately fill it by appointing some person qualified to discharge its duties. The person appointed shall, before entering upon the duties of the office, enter into bond, with such sureties as shall be approved by the governor, in the penalty of one hundred thousand dollars ($100,000), and shall take the same oath, perform all the duties, be liable to the same penalties and receive the same compensation as the state treasurer appointed by the general assembly.
Code 1858, § 227 (deriv. Acts 1835-1836, ch. 27, § 8); Shan., § 275; Code 1932, § 219; T.C.A. (orig. ed.), § 8-514.
Tenn. Code Ann. § 8-35-303 — TN Code / Title 8 / Chapter 35 / Section 8-35-303
State annuity for teachers eligible to participate in local funds
Status: in_force

If a teacher in the service of an employer operating a local retirement fund who is eligible for membership therein ceases to be a teacher, and if at such time such person would have been eligible for retirement under this retirement system had such person been a member, the board of trustees shall pay from the state accumulation fund of this retirement system to the managing board of the local retirement fund a state annuity equal to the state annuity which would have been payable under this retirement system if such teacher had been a member of this retirement system during service with such employer subsequent to the date of establishment to the time of retirement and a member of the Tennessee teachers' retirement system during service with such employer prior to the date of establishment: (1) The excess of any such state annuity payable under this system over the retirement income provided by the local retirement fund by contributions of the employer shall be payable to the retired teacher and not to the local retirement fund; (2) Payments to beneficiaries of local retirement funds shall be based upon the amount of money expended through the Tennessee consolidated retirement system on behalf of the beneficiary and shall be paid directly to the beneficiary; (3) In the case of a teacher whose service commenced prior to the date of establishment, the state annuity shall be computed as if the teacher had been a Class B member of the Tennessee teachers' retirement system and a prior class member of this retirement system; (4) The payment of the state annuities under this part shall be subject to all the conditions and requirements governing the payment of state annuities to members retired under this retirement system, and payment of such state annuities to be withheld until such members meet the conditions and requirements of this retirement system; and (5) Notwithstanding this part to the contrary, the board of trustees shall, upon the request of the managing board of a local retirement fund, henceforth pay the entire amount of the state annuity directly to the members of the local retirement fund. Acts 1972, ch. 814, § 9; 1973, ch. 347, § 25; T.C.A., § 8-3933(1).
If a teacher in the service of an employer operating a local retirement fund who is eligible for membership therein ceases to be a teacher, and if at such time such person would have been eligible for retirement under this retirement system had such person been a member, the board of trustees shall pay from the state accumulation fund of this retirement system to the managing board of the local retirement fund a state annuity equal to the state annuity which would have been payable under this retirement system if such teacher had been a member of this retirement system during service with such employer subsequent to the date of establishment to the time of retirement and a member of the Tennessee teachers' retirement system during service with such employer prior to the date of establishment:
(1) The excess of any such state annuity payable under this system over the retirement income provided by the local retirement fund by contributions of the employer shall be payable to the retired teacher and not to the local retirement fund;
(2) Payments to beneficiaries of local retirement funds shall be based upon the amount of money expended through the Tennessee consolidated retirement system on behalf of the beneficiary and shall be paid directly to the beneficiary;
(3) In the case of a teacher whose service commenced prior to the date of establishment, the state annuity shall be computed as if the teacher had been a Class B member of the Tennessee teachers' retirement system and a prior class member of this retirement system;
(4) The payment of the state annuities under this part shall be subject to all the conditions and requirements governing the payment of state annuities to members retired under this retirement system, and payment of such state annuities to be withheld until such members meet the conditions and requirements of this retirement system; and
(5) Notwithstanding this part to the contrary, the board of trustees shall, upon the request of the managing board of a local retirement fund, henceforth pay the entire amount of the state annuity directly to the members of the local retirement fund.
Acts 1972, ch. 814, § 9; 1973, ch. 347, § 25; T.C.A., § 8-3933(1).
Tenn. Code Ann. § 8-34-627 — TN Code / Title 8 / Chapter 34 / Section 8-34-627
Attorneys general
Status: in_force

(a) Notwithstanding any other provision to the contrary, any member may establish retirement credit for previous service rendered as an attorney general upon making a lump sum payment equal to the employee contributions the member would have made had the member been a member for the period claimed, plus interest at the rate provided in § 8-37-214 . For purposes of this subsection (a), "attorney general" means any attorney general as defined in § 8-34-101 . (b) Notwithstanding § 8-35-109 or any other law to the contrary, membership in the retirement system shall be mandatory for any person employed on or after July 1, 1993, as an attorney general in the office of the attorney general and reporter. Acts 1993, ch. 499, §§ 1, 2; 2006, ch. 970, § 1.
(a) Notwithstanding any other provision to the contrary, any member may establish retirement credit for previous service rendered as an attorney general upon making a lump sum payment equal to the employee contributions the member would have made had the member been a member for the period claimed, plus interest at the rate provided in § 8-37-214 . For purposes of this subsection (a), "attorney general" means any attorney general as defined in § 8-34-101 .
(b) Notwithstanding § 8-35-109 or any other law to the contrary, membership in the retirement system shall be mandatory for any person employed on or after July 1, 1993, as an attorney general in the office of the attorney general and reporter.
Acts 1993, ch. 499, §§ 1, 2; 2006, ch. 970, § 1.
Tenn. Code Ann. § 8-37-404 — TN Code / Title 8 / Chapter 37 / Section 8-37-404
Employer's contribution where compensation provided by federal or public agency
Status: in_force

In the event that the compensation received by a member is reimbursed to the state by a federal or other public agency, the employer's contribution may be paid by the federal or public agency. Acts 1972, ch. 814, § 8; T.C.A., § 8-3931(e).
In the event that the compensation received by a member is reimbursed to the state by a federal or other public agency, the employer's contribution may be paid by the federal or public agency.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3931(e).
Tenn. Code Ann. § 8-3-202 — TN Code / Title 8 / Chapter 3 / Section 8-3-202
Certification of result of local action - Default deadline for action
Status: in_force

(a) If any act which requires a notification of the secretary of state pursuant to § 8-3-205 provides a deadline for local approval or disapproval, within thirty (30) days after approval or disapproval it shall be the duty of the presiding officer of the local legislative body or the chair of the county election commission, as the case may be, to certify to the secretary of state whether the act was approved or disapproved. (b) If any act which requires a notification of the secretary of state pursuant to § 8-3-205 does not specify such a deadline, a failure to approve by December 1 of the year the act was passed shall render it null and void and of no effect whatsoever. Acts 1957, ch. 379, § 2; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 754, § 8; T.C.A., § 8-309; Acts 1991, ch. 115, § 1; 2010 , ch. 758, § 3.
(a) If any act which requires a notification of the secretary of state pursuant to § 8-3-205 provides a deadline for local approval or disapproval, within thirty (30) days after approval or disapproval it shall be the duty of the presiding officer of the local legislative body or the chair of the county election commission, as the case may be, to certify to the secretary of state whether the act was approved or disapproved.
(b) If any act which requires a notification of the secretary of state pursuant to § 8-3-205 does not specify such a deadline, a failure to approve by December 1 of the year the act was passed shall render it null and void and of no effect whatsoever.
Acts 1957, ch. 379, § 2; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 754, § 8; T.C.A., § 8-309; Acts 1991, ch. 115, § 1; 2010 , ch. 758, § 3.
Tenn. Code Ann. § 8-13-117 — TN Code / Title 8 / Chapter 13 / Section 8-13-117
Failure to comply with entry requirements
Status: in_force

Any register who fails strictly to comply with §§ 8-13-114 - 8-13-116 commits a Class C misdemeanor. Acts 1868-1869, ch. 40, § 7; Shan., § 557; mod. Code 1932, §806; T.C.A. (orig. ed.), § 8-1317; Acts 1989, ch. 591, § 113; 1998, ch. 1080, § 4.
Any register who fails strictly to comply with §§ 8-13-114 - 8-13-116 commits a Class C misdemeanor.
Acts 1868-1869, ch. 40, § 7; Shan., § 557; mod. Code 1932, §806; T.C.A. (orig. ed.), § 8-1317; Acts 1989, ch. 591, § 113; 1998, ch. 1080, § 4.
Tenn. Code Ann. § 8-19-404 — TN Code / Title 8 / Chapter 19 / Section 8-19-404
Form of additional bond
Status: in_force

Such additional bond shall be in the same penalty, conditioned, approved, and filed in the same office, as the first official bond, and under like penalties in case of failure. Code 1858, § 781; Shan., § 1102; Code 1932, § 1844; T.C.A. (orig. ed.), § 8-1938.
Such additional bond shall be in the same penalty, conditioned, approved, and filed in the same office, as the first official bond, and under like penalties in case of failure.
Code 1858, § 781; Shan., § 1102; Code 1932, § 1844; T.C.A. (orig. ed.), § 8-1938.
Tenn. Code Ann. § 8-19-205 — TN Code / Title 8 / Chapter 19 / Section 8-19-205
Action upon failure to enter bond
Status: in_force

Upon the filing of a complaint alleging the failure of a county officer or constable to enter into an official bond as required by law, the clerk of the circuit court, or the clerk and master of the chancery court having jurisdiction shall issue a summons which shall be served, together with a copy of the complaint, upon the county officer or constable in accordance with the Tennessee Rules of Civil Procedure. Code 1858, § 726 (deriv. Acts 1843-1844, ch. 103, § 11); Shan., § 1039; Code 1932, § 1768; Acts 1977, ch. 270, § 12; 1978, ch. 689, § 8; T.C.A., § 8-1931; Acts 1982, ch. 592, § 1.
Upon the filing of a complaint alleging the failure of a county officer or constable to enter into an official bond as required by law, the clerk of the circuit court, or the clerk and master of the chancery court having jurisdiction shall issue a summons which shall be served, together with a copy of the complaint, upon the county officer or constable in accordance with the Tennessee Rules of Civil Procedure.
Code 1858, § 726 (deriv. Acts 1843-1844, ch. 103, § 11); Shan., § 1039; Code 1932, § 1768; Acts 1977, ch. 270, § 12; 1978, ch. 689, § 8; T.C.A., § 8-1931; Acts 1982, ch. 592, § 1.
Tenn. Code Ann. § 8-27-802 — TN Code / Title 8 / Chapter 27 / Section 8-27-802
Establishment of investment trusts for purpose of pre-funding other post-employment benefits - Investment of trust funds
Status: in_force

(a) The trustees shall establish an investment trust or trusts for the purpose of pre-funding other post-employment benefits accrued by employees of the state, to be paid as they come due in accordance with the arrangements between the state, the plan members, and their beneficiaries. The trustees may, in their discretion, also choose to establish an investment trust or trusts for the purpose of pre-funding other post-employment benefits accrued by authorized employees of local education agencies, to be paid as they come due in accordance with the arrangements between the local education agency, the plan members, and their beneficiaries. (b) The trustees must adopt, in writing, an investment policy or policies authorizing how assets in the trust or trusts may be invested. (c) The trust or trusts may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest; provided, that investments by the trust shall be governed by the investment policies and guidelines adopted by the trustees in accordance with this part. The trustees shall delegate to the state treasurer the responsibility for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees. (d) The trust must conform to all applicable laws, rules, and regulations of the Internal Revenue Service, if any. Amended by 2018 Tenn. Acts, ch. 631, s 6, eff. 4/2/2018. Added by 2015 Tenn. Acts, ch. 426, s 5, eff. 5/18/2015.
(a) The trustees shall establish an investment trust or trusts for the purpose of pre-funding other post-employment benefits accrued by employees of the state, to be paid as they come due in accordance with the arrangements between the state, the plan members, and their beneficiaries. The trustees may, in their discretion, also choose to establish an investment trust or trusts for the purpose of pre-funding other post-employment benefits accrued by authorized employees of local education agencies, to be paid as they come due in accordance with the arrangements between the local education agency, the plan members, and their beneficiaries.
(b) The trustees must adopt, in writing, an investment policy or policies authorizing how assets in the trust or trusts may be invested.
(c) The trust or trusts may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest; provided, that investments by the trust shall be governed by the investment policies and guidelines adopted by the trustees in accordance with this part. The trustees shall delegate to the state treasurer the responsibility for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees.
(d) The trust must conform to all applicable laws, rules, and regulations of the Internal Revenue Service, if any.
Amended by 2018 Tenn. Acts, ch. 631, s 6, eff. 4/2/2018.
Added by 2015 Tenn. Acts, ch. 426, s 5, eff. 5/18/2015.
Tenn. Code Ann. § 8-34-102 — TN Code / Title 8 / Chapter 34 / Section 8-34-102
Masculine pronoun
Status: in_force

The masculine pronoun wherever used includes the feminine. Acts 1972, ch. 814, § 1; T.C.A., § 8-3901.
The masculine pronoun wherever used includes the feminine.
Acts 1972, ch. 814, § 1; T.C.A., § 8-3901.
Tenn. Code Ann. § 8-7-303 — TN Code / Title 8 / Chapter 7 / Section 8-7-303
Consideration of more effective suppression of crime - Committees for drafting proposed legislation
Status: in_force

It is the duty of the conference to give consideration to the enactment of such laws and rules of procedure as in its judgment may be necessary to suppress crime more effectively, and thus promote peace and good order in the state. To this end, a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly. Acts 1961, ch. 301, § 3; T.C.A., § 8-715.
It is the duty of the conference to give consideration to the enactment of such laws and rules of procedure as in its judgment may be necessary to suppress crime more effectively, and thus promote peace and good order in the state. To this end, a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly.
Acts 1961, ch. 301, § 3; T.C.A., § 8-715.
Tenn. Code Ann. § 8-6-110 — TN Code / Title 8 / Chapter 6 / Section 8-6-110
Appearance in federal courts
Status: in_force

The attorney general and reporter shall attend in person, or by assistant, and prosecute or defend, as the case may be, any and all suits, civil or criminal, in the supreme court of the United States, in the United States court of appeals for the judicial circuit of the United States comprising the state of Tennessee, or in any of the district courts of the United States held in the state of Tennessee, in which suit or suits the state may be a party, or in which the state has or may have interests of a pecuniary nature. Acts 1877, ch. 5, § 1; Shan., § 5757; Code 1932, § 9957; modified; T.C.A. (orig. ed.), § 8-610.
The attorney general and reporter shall attend in person, or by assistant, and prosecute or defend, as the case may be, any and all suits, civil or criminal, in the supreme court of the United States, in the United States court of appeals for the judicial circuit of the United States comprising the state of Tennessee, or in any of the district courts of the United States held in the state of Tennessee, in which suit or suits the state may be a party, or in which the state has or may have interests of a pecuniary nature.
Acts 1877, ch. 5, § 1; Shan., § 5757; Code 1932, § 9957; modified; T.C.A. (orig. ed.), § 8-610.
Tenn. Code Ann. § 8-18-108 — TN Code / Title 8 / Chapter 18 / Section 8-18-108
Filing of oaths of state and judicial officers
Status: in_force

Such oaths shall, when taken by the governor, a judge of the supreme court, a judge of the circuit court, a chancellor, the secretary of state, the comptroller of the treasury, the state treasurer, a district attorney general, or any other officer whose duties are not limited to one (1) county, unless it is otherwise provided, be filed, with the certificate required by § 8-18-107 , in the office of the secretary of state. Code 1858, § 754; Shan., § 1075; Code 1932, § 1817; T.C.A. (orig. ed.), § 8-1808.
Such oaths shall, when taken by the governor, a judge of the supreme court, a judge of the circuit court, a chancellor, the secretary of state, the comptroller of the treasury, the state treasurer, a district attorney general, or any other officer whose duties are not limited to one (1) county, unless it is otherwise provided, be filed, with the certificate required by § 8-18-107 , in the office of the secretary of state.
Code 1858, § 754; Shan., § 1075; Code 1932, § 1817; T.C.A. (orig. ed.), § 8-1808.
Tenn. Code Ann. § 8-7-107 — TN Code / Title 8 / Chapter 7 / Section 8-7-107
Filling of vacancy
Status: in_force

A vacancy in the office of district attorney general shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place. Code 1858, §§ 318, 319 (deriv. Acts 1853-1854, ch. 32, §§ 6, 7); impl. am. Acts 1907, ch. 436; Shan., §§ 394, 395; Code 1932, §§ 644, 645; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 8-707.
A vacancy in the office of district attorney general shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place.
Code 1858, §§ 318, 319 (deriv. Acts 1853-1854, ch. 32, §§ 6, 7); impl. am. Acts 1907, ch. 436; Shan., §§ 394, 395; Code 1932, §§ 644, 645; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 8-707.
Tenn. Code Ann. § 8-25-306 — TN Code / Title 8 / Chapter 25 / Section 8-25-306
Attorney for the treasurer with regard to profit sharing or salary reduction plans
Status: in_force

(a) Counsel for the treasury department shall serve as the attorney for the treasurer with respect to the plan. (b) Notwithstanding any law to the contrary, in cases where the interests of the plan requires additional counsel, the treasurer, with the approval of the attorney general and reporter, is authorized to contract with such additional counsel, who shall be paid such compensation for services as the treasurer may deem just. Acts 2011, ch. 140, § 13.
(a) Counsel for the treasury department shall serve as the attorney for the treasurer with respect to the plan.
(b) Notwithstanding any law to the contrary, in cases where the interests of the plan requires additional counsel, the treasurer, with the approval of the attorney general and reporter, is authorized to contract with such additional counsel, who shall be paid such compensation for services as the treasurer may deem just.
Acts 2011, ch. 140, § 13.
Tenn. Code Ann. § 8-8-101 — TN Code / Title 8 / Chapter 8 / Section 8-8-101
Prohibited from practice of law or serving as member of general assembly while sheriff
Status: in_force

No person shall engage in the practice of law or serve as a member of the general assembly while serving as sheriff. Code 1858, § 357 (deriv. Acts 1777 (Nov.), ch. 8, § 4); Shan., § 446; Code 1932, § 693; T.C.A. (orig. ed.), § 8-801; Acts 2009, ch. 56, § 1.
No person shall engage in the practice of law or serve as a member of the general assembly while serving as sheriff.
Code 1858, § 357 (deriv. Acts 1777 (Nov.), ch. 8, § 4); Shan., § 446; Code 1932, § 693; T.C.A. (orig. ed.), § 8-801; Acts 2009, ch. 56, § 1.
Tenn. Code Ann. § 8-37-303 — TN Code / Title 8 / Chapter 37 / Section 8-37-303
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 990,s 2, eff. 5/22/2014. Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(2); Acts 1984, ch. 601, § 11.
Repealed by 2014 Tenn. Acts, ch. 990,s 2, eff. 5/22/2014.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(2); Acts 1984, ch. 601, § 11.
Tenn. Code Ann. § 8-34-309 — TN Code / Title 8 / Chapter 34 / Section 8-34-309
Meetings of the board
Status: in_force

The board of trustees shall meet quarterly at a time established by the chair of the board of trustees. Special meetings of the board for transaction of business may be called by the secretary of the board by giving written notice to all members. Acts 1972, ch. 814, § 6; 1977, ch. 400, § 7; T.C.A., § 8-3925.
The board of trustees shall meet quarterly at a time established by the chair of the board of trustees. Special meetings of the board for transaction of business may be called by the secretary of the board by giving written notice to all members.
Acts 1972, ch. 814, § 6; 1977, ch. 400, § 7; T.C.A., § 8-3925.
Tenn. Code Ann. § 8-34-617 — TN Code / Title 8 / Chapter 34 / Section 8-34-617
Reenrolled former CETA employees where prior contributions have been returned
Status: in_force

In cases where the employer contributions have been refunded, former CETA employees who reenroll as members of the retirement system shall not be entitled to reestablish the period of withdrawn CETA service as creditable service in the retirement system. Acts 1978, ch. 741, § 1; T.C.A., § 8-3930(2).
In cases where the employer contributions have been refunded, former CETA employees who reenroll as members of the retirement system shall not be entitled to reestablish the period of withdrawn CETA service as creditable service in the retirement system.
Acts 1978, ch. 741, § 1; T.C.A., § 8-3930(2).
Tenn. Code Ann. § 8-50-809 — TN Code / Title 8 / Chapter 50 / Section 8-50-809
Applicability - Exemptions
Status: in_force

(a) These provisions for annual, sick leave and terminal leave do not apply to the members of the instructional staffs of the special schools administered by the department of education. (b) This part, except for those provisions that relate to annual/sick leave transfer, sick leave reinstatement, or §§ 8-50-802(a)(4) and 8-50-806 , shall not apply to officers or employees of the University of Tennessee system or the state university and community college system. The board of regents, the state university boards, and the board of trustees of the University of Tennessee shall prepare a leave policy to apply to their respective officers and employees which, in terms of total paid time off, would be substantially in accordance with this part for other state employees. Such policies shall be approved by the commissioner of finance and administration and filed with the comptroller of the treasury. Nothing in this part shall prohibit or modify the creation or approval of a sick leave bank pursuant to § 8-50-925 at institutions governed by the board of regents, the state university boards, or the board of trustees of the University of Tennessee. Amended by 2018 Tenn. Acts, ch. 907, s 3, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 602, s 4, eff. 3/23/2018. Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., § 8-50-101 .
(a) These provisions for annual, sick leave and terminal leave do not apply to the members of the instructional staffs of the special schools administered by the department of education.
(b) This part, except for those provisions that relate to annual/sick leave transfer, sick leave reinstatement, or §§ 8-50-802(a)(4) and 8-50-806 , shall not apply to officers or employees of the University of Tennessee system or the state university and community college system. The board of regents, the state university boards, and the board of trustees of the University of Tennessee shall prepare a leave policy to apply to their respective officers and employees which, in terms of total paid time off, would be substantially in accordance with this part for other state employees. Such policies shall be approved by the commissioner of finance and administration and filed with the comptroller of the treasury. Nothing in this part shall prohibit or modify the creation or approval of a sick leave bank pursuant to § 8-50-925 at institutions governed by the board of regents, the state university boards, or the board of trustees of the University of Tennessee.
Amended by 2018 Tenn. Acts, ch. 907, s 3, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 602, s 4, eff. 3/23/2018.
Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., § 8-50-101 .
Tenn. Code Ann. § 8-22-110 — TN Code / Title 8 / Chapter 22 / Section 8-22-110
Expenses for deputy sheriffs and jail
Status: in_force

(a) The sheriff of each county is authorized to include in the sheriff's expense account, as part of the expenses of the office, the necessary cost of arresting criminals, of furnishing and operating the county jail, and maintaining the state and county prisoners therein, and all other necessary and legitimate expenses incurred in the proper and efficient administration of the office. (b) When, in case of great emergency, as in case of a strike, riot, putting down a mob, or other like emergencies, there shall be immediate need for the appointment by the sheriff of an additional number of deputies to deal efficiently with the situation and to preserve order, the sheriff may make emergency appointments of such special deputies without making application to the court, the same to serve during the term of emergency only, and shall make an itemized statement showing the services of such deputies, and the time during which such special deputies served, which shall be presented to the county mayor for auditing and allowance. The county mayor, when satisfied of the justness of such claims, shall allow the same as other claims are allowed; provided, that no such special deputy so appointed by the sheriff shall receive more than four dollars ($4.00) per day for services actually performed. Acts 1921, ch. 101, § 11; Shan. Supp., § 6428a48; mod. Code 1932, § 10737; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 8-2210; Acts 2003, ch. 90, § 2.
(a) The sheriff of each county is authorized to include in the sheriff's expense account, as part of the expenses of the office, the necessary cost of arresting criminals, of furnishing and operating the county jail, and maintaining the state and county prisoners therein, and all other necessary and legitimate expenses incurred in the proper and efficient administration of the office.
(b) When, in case of great emergency, as in case of a strike, riot, putting down a mob, or other like emergencies, there shall be immediate need for the appointment by the sheriff of an additional number of deputies to deal efficiently with the situation and to preserve order, the sheriff may make emergency appointments of such special deputies without making application to the court, the same to serve during the term of emergency only, and shall make an itemized statement showing the services of such deputies, and the time during which such special deputies served, which shall be presented to the county mayor for auditing and allowance. The county mayor, when satisfied of the justness of such claims, shall allow the same as other claims are allowed; provided, that no such special deputy so appointed by the sheriff shall receive more than four dollars ($4.00) per day for services actually performed.
Acts 1921, ch. 101, § 11; Shan. Supp., § 6428a48; mod. Code 1932, § 10737; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 8-2210; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 8-36-306 — TN Code / Title 8 / Chapter 36 / Section 8-36-306
Alternative early retirement
Status: in_force

(a) Any member in Group 1 shall be eligible for a retirement benefit upon completion of twenty-five (25) years of creditable service. (b) If the member is less than fifty-five (55) years of age, such benefit shall be the actuarial equivalent of the retirement benefit which would be payable to the member at fifty-five (55) years of age. (c) This section shall be optional for political subdivisions participating under chapter 35 of this title. Acts 1983, ch. 308, § 1; T.C.A., § 8-36-201 .
(a) Any member in Group 1 shall be eligible for a retirement benefit upon completion of twenty-five (25) years of creditable service.
(b) If the member is less than fifty-five (55) years of age, such benefit shall be the actuarial equivalent of the retirement benefit which would be payable to the member at fifty-five (55) years of age.
(c) This section shall be optional for political subdivisions participating under chapter 35 of this title.
Acts 1983, ch. 308, § 1; T.C.A., § 8-36-201 .
Tenn. Code Ann. § 8-35-109 — TN Code / Title 8 / Chapter 35 / Section 8-35-109
Membership in retirement system dependent on election by certain officials
Status: in_force

Any person who becomes a state judge, a county judge, a county official, a commissioner, a county chair, an elected or appointed official of the general assembly, or any district attorney general and any assistant thereto by whatever name called, on or after July 1, 1983, shall not become a member of the retirement system, unless such person elects to become a member of the system and is otherwise eligible for membership. The election shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system. Amended by 2019 Tenn. Acts, ch. 381,s 13, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 962,s 27, eff. 4/27/2016. Acts 1972, ch. 814, § 3; 1975, ch. 315, § 9; T.C.A., § 8-3903(1); Acts 1983, ch. 342, § 4; 1985, ch. 449, § 14.
Any person who becomes a state judge, a county judge, a county official, a commissioner, a county chair, an elected or appointed official of the general assembly, or any district attorney general and any assistant thereto by whatever name called, on or after July 1, 1983, shall not become a member of the retirement system, unless such person elects to become a member of the system and is otherwise eligible for membership. The election shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system.
Amended by 2019 Tenn. Acts, ch. 381,s 13, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 962,s 27, eff. 4/27/2016.
Acts 1972, ch. 814, § 3; 1975, ch. 315, § 9; T.C.A., § 8-3903(1); Acts 1983, ch. 342, § 4; 1985, ch. 449, § 14.
Tenn. Code Ann. § 8-18-110 — TN Code / Title 8 / Chapter 18 / Section 8-18-110
Endorsement of time of filing
Status: in_force

The officer in whose office these oaths are required to be filed shall endorse thereon the day and year in which they were filed and sign the endorsement. Code 1858, § 757; Shan., § 1078; Code 1932, § 1819; T.C.A. (orig. ed.), § 8-1810.
The officer in whose office these oaths are required to be filed shall endorse thereon the day and year in which they were filed and sign the endorsement.
Code 1858, § 757; Shan., § 1078; Code 1932, § 1819; T.C.A. (orig. ed.), § 8-1810.
Tenn. Code Ann. § 8-4-502 — TN Code / Title 8 / Chapter 4 / Section 8-4-502
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Public entity" means any branch or agency of a county, municipality, public utility, utility district, entity created pursuant to any interlocal agreement, or any other political subdivision thereof; (2) "Public official" means a person elected or appointed to any office of a public entity; (3) "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; and (4) "Unlawful conduct" means theft, forgery, credit or debit card fraud, or any other act of unlawful taking, waste, or abuse of, or official misconduct, as defined in § 39-16-402 , involving public money, property, or services. Amended by 2018 Tenn. Acts, ch. 540, s 1, eff. 3/5/2018. Acts 2007 , ch. 206, § 3; 2010 , ch. 784, § 5.
As used in this part, unless the context otherwise requires:
(1) "Public entity" means any branch or agency of a county, municipality, public utility, utility district, entity created pursuant to any interlocal agreement, or any other political subdivision thereof;
(2) "Public official" means a person elected or appointed to any office of a public entity;
(3) "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; and
(4) "Unlawful conduct" means theft, forgery, credit or debit card fraud, or any other act of unlawful taking, waste, or abuse of, or official misconduct, as defined in § 39-16-402 , involving public money, property, or services.
Amended by 2018 Tenn. Acts, ch. 540, s 1, eff. 3/5/2018.
Acts 2007 , ch. 206, § 3; 2010 , ch. 784, § 5.
Tenn. Code Ann. § 8-23-109 — TN Code / Title 8 / Chapter 23 / Section 8-23-109
Clerks and stenographers of court of appeals - Research assistants for criminal court of appeals judges
Status: in_force

(a) Each judge of the court of appeals is authorized to employ at the expense of the state a clerk or stenographer who shall each receive compensation in the amount to be fixed by the presiding judge of each grand division of the court of appeals and the administrative director of the courts, payable monthly. Such compensation shall be paid out of funds appropriated by the general assembly for the court of appeals. (b) The chief justice may, upon application to the chief justice showing the necessity therefor by any judge of the court of criminal appeals, approve the employment of a research assistant for such judge, and upon approval, such judge is authorized to employ, at the expense of the state, a research assistant to assist the judge in the discharge of the judge's duties, whose compensation shall be the same as authorized by law for the research assistant of each justice of the supreme court. The research assistant shall be a graduate of or student at an accredited law school. (c) The secretaries when required to be absent from their official residences attending court, in different sections of the state with the members of the courts they represent, shall be reimbursed for their travel and hotel expenses in the same manner as the judges whom they are serving are reimbursed for such expense. Acts 1945, ch. 156, § 1; C. Supp. 1950, § 10678.2; Acts 1967, ch. 88, § 2; 1971, ch. 392, § 1; T.C.A. (orig. ed.), § 8-2309; Acts 1993, ch. 66, § 4.
(a) Each judge of the court of appeals is authorized to employ at the expense of the state a clerk or stenographer who shall each receive compensation in the amount to be fixed by the presiding judge of each grand division of the court of appeals and the administrative director of the courts, payable monthly. Such compensation shall be paid out of funds appropriated by the general assembly for the court of appeals.
(b) The chief justice may, upon application to the chief justice showing the necessity therefor by any judge of the court of criminal appeals, approve the employment of a research assistant for such judge, and upon approval, such judge is authorized to employ, at the expense of the state, a research assistant to assist the judge in the discharge of the judge's duties, whose compensation shall be the same as authorized by law for the research assistant of each justice of the supreme court. The research assistant shall be a graduate of or student at an accredited law school.
(c) The secretaries when required to be absent from their official residences attending court, in different sections of the state with the members of the courts they represent, shall be reimbursed for their travel and hotel expenses in the same manner as the judges whom they are serving are reimbursed for such expense.
Acts 1945, ch. 156, § 1; C. Supp. 1950, § 10678.2; Acts 1967, ch. 88, § 2; 1971, ch. 392, § 1; T.C.A. (orig. ed.), § 8-2309; Acts 1993, ch. 66, § 4.
Tenn. Code Ann. § 8-7-230 — TN Code / Title 8 / Chapter 7 / Section 8-7-230
Salaries of criminal investigators
Status: in_force

All criminal investigators hired after July 1, 1994, shall be compensated according to the following pay schedule, as 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 ten (10) years.................... $55,982 after twelve (12) years.................... $59,276 after fourteen (14) 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 Amended by 2023 Tenn. Acts, ch. 460, s 2, eff. 6/30/2023. Amended by 2018 Tenn. Acts, ch. 899, s 4, eff. 5/3/2018. Acts 1994, ch. 704, § 6; 2003 , ch. 355, § 5; 2009 , ch. 531, § 23.
All criminal investigators hired after July 1, 1994, shall be compensated according to the following pay schedule, as 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 ten (10) years.................... $55,982 after twelve (12) years.................... $59,276 after fourteen (14) 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 ten (10) years....................
$55,982
after twelve (12) years....................
$59,276
after fourteen (14) 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
Amended by 2023 Tenn. Acts, ch. 460, s 2, eff. 6/30/2023.
Amended by 2018 Tenn. Acts, ch. 899, s 4, eff. 5/3/2018.
Acts 1994, ch. 704, § 6; 2003 , ch. 355, § 5; 2009 , ch. 531, § 23.
Tenn. Code Ann. § 8-34-713 — TN Code / Title 8 / Chapter 34 / Section 8-34-713
Effect of change in compensation for the position from which a beneficiary has retired
Status: in_force

Notwithstanding any law to the contrary, the retirement allowance of any member who retires under a superseded system shall not be increased by any future increase in salary, base compensation, or other increases in compensation as allowed for the position from which the member retires. This section shall not be construed to prevent any increase in such retirement allowance when such increase is in accordance with § 8-36-701 . Acts 1975, ch. 315, § 6; T.C.A., § 8-3935(6).
Notwithstanding any law to the contrary, the retirement allowance of any member who retires under a superseded system shall not be increased by any future increase in salary, base compensation, or other increases in compensation as allowed for the position from which the member retires. This section shall not be construed to prevent any increase in such retirement allowance when such increase is in accordance with § 8-36-701 .
Acts 1975, ch. 315, § 6; T.C.A., § 8-3935(6).
Tenn. Code Ann. § 8-50-910 — TN Code / Title 8 / Chapter 50 / Section 8-50-910
Deduction of donation cost
Status: in_force

Any cost arising from a donation of sick leave by a participating employee to the sick leave bank shall be deducted from the budget of the department or agency employing the person who makes the donation. Acts 1988, ch. 1009, § 5.
Any cost arising from a donation of sick leave by a participating employee to the sick leave bank shall be deducted from the budget of the department or agency employing the person who makes the donation.
Acts 1988, ch. 1009, § 5.
Tenn. Code Ann. § 8-36-907 — TN Code / Title 8 / Chapter 36 / Section 8-36-907
Service retirement allowance as an annuity
Status: in_force

(a) Except as provided in §§ 8-36-908 and 8-36-909 , the service retirement allowance payable to a participant under § 8-36-906 shall consist of a member annuity which shall be the actuarial equivalent of the participant's accumulated contributions in the defined benefit component of the plan at retirement, plus a state annuity which, when added to the member annuity, shall be equal to: (1) In the case of a participant, other than those participants described in subdivision (a)(2), one percent (1.0%) of the participant's average final compensation, multiplied by the number of years of creditable service, unless reduced in accordance with § 8-36-921 or § 8-36-922 ; and (2) In the case of a participant who is the attorney general and reporter, a district attorney general, district public defender, or state judge, one and six-tenths percent (1.6%) of the participant's average final compensation, multiplied by the number of years of creditable service, unless reduced in accordance with § 8-36-921 or § 8-36-922 . (b) Section 8-36-124 shall not apply in determining the retirement allowance payable under this section. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) Except as provided in §§ 8-36-908 and 8-36-909 , the service retirement allowance payable to a participant under § 8-36-906 shall consist of a member annuity which shall be the actuarial equivalent of the participant's accumulated contributions in the defined benefit component of the plan at retirement, plus a state annuity which, when added to the member annuity, shall be equal to: (1) In the case of a participant, other than those participants described in subdivision (a)(2), one percent (1.0%) of the participant's average final compensation, multiplied by the number of years of creditable service, unless reduced in accordance with § 8-36-921 or § 8-36-922 ; and (2) In the case of a participant who is the attorney general and reporter, a district attorney general, district public defender, or state judge, one and six-tenths percent (1.6%) of the participant's average final compensation, multiplied by the number of years of creditable service, unless reduced in accordance with § 8-36-921 or § 8-36-922 .
(1) In the case of a participant, other than those participants described in subdivision (a)(2), one percent (1.0%) of the participant's average final compensation, multiplied by the number of years of creditable service, unless reduced in accordance with § 8-36-921 or § 8-36-922 ; and
(2) In the case of a participant who is the attorney general and reporter, a district attorney general, district public defender, or state judge, one and six-tenths percent (1.6%) of the participant's average final compensation, multiplied by the number of years of creditable service, unless reduced in accordance with § 8-36-921 or § 8-36-922 .
(b) Section 8-36-124 shall not apply in determining the retirement allowance payable under this section.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-7-114 — TN Code / Title 8 / Chapter 7 / Section 8-7-114
Disclosure of nonprofit organization donors - Disclosure requirements - Section definitions
Status: in_force

(a) If a written request for the following information is made jointly by the speaker of the senate and the speaker of the house of representatives, then a nonprofit organization that has entered into a contract or memorandum of understanding with the district attorney general related to policies and strategies related to cash bail, unless such contract or memorandum of understanding is required by statute, shall disclose to the speakers the list of persons or entities that have donated to the nonprofit organization in the previous calendar year in accordance with this section. (b) The disclosed list of persons or entities that have donated to the nonprofit organization must be restricted to the lesser of the top five (5) donors or the top five percent (5%) of donors in the previous calendar year. The aggregate donation during the previous calendar year must be equal to or greater than twenty-five thousand dollars ($25,000). (c) Disclosure of the list of persons or entities must only include the name of the person or entity. Other personal identifying information or details must not be included. (d) As used in this section, "nonprofit organization": (1) Means an organization that is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c) ), including a limited liability company for which a nonprofit organization has a controlling interest; and (2) Does not include an entity described under § 170(b)(1)(A)(ii) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 170(b)(1)(A)(ii) ), including any affiliate of such entity. Added by 2024 Tenn. Acts, ch. 816,s 1, eff. 7/1/2024.
(a) If a written request for the following information is made jointly by the speaker of the senate and the speaker of the house of representatives, then a nonprofit organization that has entered into a contract or memorandum of understanding with the district attorney general related to policies and strategies related to cash bail, unless such contract or memorandum of understanding is required by statute, shall disclose to the speakers the list of persons or entities that have donated to the nonprofit organization in the previous calendar year in accordance with this section.
(b) The disclosed list of persons or entities that have donated to the nonprofit organization must be restricted to the lesser of the top five (5) donors or the top five percent (5%) of donors in the previous calendar year. The aggregate donation during the previous calendar year must be equal to or greater than twenty-five thousand dollars ($25,000).
(c) Disclosure of the list of persons or entities must only include the name of the person or entity. Other personal identifying information or details must not be included.
(d) As used in this section, "nonprofit organization": (1) Means an organization that is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c) ), including a limited liability company for which a nonprofit organization has a controlling interest; and (2) Does not include an entity described under § 170(b)(1)(A)(ii) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 170(b)(1)(A)(ii) ), including any affiliate of such entity.
(1) Means an organization that is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c) ), including a limited liability company for which a nonprofit organization has a controlling interest; and
(2) Does not include an entity described under § 170(b)(1)(A)(ii) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 170(b)(1)(A)(ii) ), including any affiliate of such entity.
Added by 2024 Tenn. Acts, ch. 816,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 8-19-303 — TN Code / Title 8 / Chapter 19 / Section 8-19-303
Estoppel to deny validity of bond
Status: in_force

If any officer or other person, as hereinafter provided, who is required by law or in the course of judicial proceedings to give bond for the performance of an act or the discharge of duty, receives money or property upon the faith of such bond, such officer and the officer's sureties are estopped to deny the validity of the bond or the legality of the proceedings under which the money or property was obtained. Code 1858, § 774; Shan., § 1095; Code 1932, § 1837; T.C.A. (orig. ed.), § 8-1922.
If any officer or other person, as hereinafter provided, who is required by law or in the course of judicial proceedings to give bond for the performance of an act or the discharge of duty, receives money or property upon the faith of such bond, such officer and the officer's sureties are estopped to deny the validity of the bond or the legality of the proceedings under which the money or property was obtained.
Code 1858, § 774; Shan., § 1095; Code 1932, § 1837; T.C.A. (orig. ed.), § 8-1922.
Tenn. Code Ann. § 8-21-902 — TN Code / Title 8 / Chapter 21 / Section 8-21-902
Fees on collection of costs
Status: in_force

The sheriffs and other collecting officers of this state shall be allowed the same fees for collecting and paying over costs as they are allowed by law for the collection of other moneys. They shall not be allowed to charge or receive commissions on costs in their favor. Acts 1859-1860, ch. 21, § 1; Shan., §§ 6357, 6358; Code 1932, §§ 10659, 10660; T.C.A. (orig. ed.), § 8-2134.
The sheriffs and other collecting officers of this state shall be allowed the same fees for collecting and paying over costs as they are allowed by law for the collection of other moneys. They shall not be allowed to charge or receive commissions on costs in their favor.
Acts 1859-1860, ch. 21, § 1; Shan., §§ 6357, 6358; Code 1932, §§ 10659, 10660; T.C.A. (orig. ed.), § 8-2134.
Tenn. Code Ann. § 8-34-623 — TN Code / Title 8 / Chapter 34 / Section 8-34-623
Transfer of service from Group 1 or 3 to Group 4
Status: in_force

(a) Notwithstanding any law to the contrary, any Group 1 or 3 state judge defined herein shall be eligible to elect to transfer any service previously established as a state judge, member of a constitutional convention as provided by § 8-34-608 , and military service as provided by § 8-34-605 , from Group 1 or 3 to Group 4 of the retirement system. It is further provided that such transfer of service shall occur upon the election by the member and the lump sum payment, if applicable, of the difference between what the member would have contributed as a member of Group 4 and the amount of employee contributions to the member's credit on the effective date of transfer. If such election and transfer of service and applicable payment occurs within one hundred eighty (180) days of September 1, 1990, it shall be without interest. An election, transfer of service and payment occurring after one hundred eighty (180) days of September 1, 1990, shall include interest pursuant to § 8-37-214 . (b) Notwithstanding any law to the contrary, any Group 1 attorney general and reporter, who served as a Group 4 state judge immediately prior to being appointed as the attorney general and reporter, shall be eligible to elect to transfer any service previously established as the attorney general and reporter, member of a constitutional convention, as provided by § 8-34-608 , and military service, as provided by § 8-34-605 , from Group 1 to Group 4 of the retirement system. Such transfer of service shall occur upon the election by the member and the lump sum payment, if applicable, of the difference between what the member would have contributed as a member of Group 4, and the amount of employee contributions to the member's credit on the effective date of transfer, plus interest at the rate provided in § 8-37-214 . Acts 1986, ch. 554, § 4; 2005, ch. 498, § 4.
(a) Notwithstanding any law to the contrary, any Group 1 or 3 state judge defined herein shall be eligible to elect to transfer any service previously established as a state judge, member of a constitutional convention as provided by § 8-34-608 , and military service as provided by § 8-34-605 , from Group 1 or 3 to Group 4 of the retirement system. It is further provided that such transfer of service shall occur upon the election by the member and the lump sum payment, if applicable, of the difference between what the member would have contributed as a member of Group 4 and the amount of employee contributions to the member's credit on the effective date of transfer. If such election and transfer of service and applicable payment occurs within one hundred eighty (180) days of September 1, 1990, it shall be without interest. An election, transfer of service and payment occurring after one hundred eighty (180) days of September 1, 1990, shall include interest pursuant to § 8-37-214 .
(b) Notwithstanding any law to the contrary, any Group 1 attorney general and reporter, who served as a Group 4 state judge immediately prior to being appointed as the attorney general and reporter, shall be eligible to elect to transfer any service previously established as the attorney general and reporter, member of a constitutional convention, as provided by § 8-34-608 , and military service, as provided by § 8-34-605 , from Group 1 to Group 4 of the retirement system. Such transfer of service shall occur upon the election by the member and the lump sum payment, if applicable, of the difference between what the member would have contributed as a member of Group 4, and the amount of employee contributions to the member's credit on the effective date of transfer, plus interest at the rate provided in § 8-37-214 .
Acts 1986, ch. 554, § 4; 2005, ch. 498, § 4.
Tenn. Code Ann. § 8-19-110 — TN Code / Title 8 / Chapter 19 / Section 8-19-110
Penalty for violation
Status: in_force

A violation of §§ 8-19-108 and 8-19-109 is a Class C misdemeanor. Acts 1945, ch. 154, § 3; C. Supp. 1950, § 1839.10 (Williams, § 1839.11); T.C.A. (orig. ed.), § 8-1910; Acts 1989, ch. 591, § 113.
A violation of §§ 8-19-108 and 8-19-109 is a Class C misdemeanor.
Acts 1945, ch. 154, § 3; C. Supp. 1950, § 1839.10 (Williams, § 1839.11); T.C.A. (orig. ed.), § 8-1910; Acts 1989, ch. 591, § 113.