Tenn. Code Ann. § 8-10-101 — TN Code / Title 8 / Chapter 10 / Section 8-10-101
Election of constables - Term of office - Reapportionment of districts - Abolition of office
Status: in_force

(a) (1) Two (2) constables shall be elected by the qualified voters in the civil district of each county which includes the county town, and one (1) in every other civil district of the county, each of whom shall hold office for two (2) years, and until the qualification of a successor. (2) All constables elected to a four-year term, as permitted by the procedure established in this subsection (a), before July 1, 1983, are declared validly elected and shall have the powers and duties established in this chapter and otherwise established by law. (3) (A) Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, abolish the office of constable for that county or set the term of office for the constable at either two (2) or four (4) years. Any change would not be effective until the end of the current term being served by the constable. (B) This subdivision (a)(3) does not apply in counties having a population of: not less than nor more than 13,625.................................................. 13,675 30,500.................................................. 30,800 31,200.................................................. 31,300 67,600.................................................. 67,900 73,500.................................................. 73,900 85,800.................................................. 86,100 according to the 1990 federal census or any subsequent federal census. (C) (i) If the county legislative body of any county having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), according to the 2000 federal census or any subsequent federal census, adopts a resolution in accordance with subdivision (a)(3)(A) to abolish the office of constable for that county, the resolution shall not become operative until approved in an election to be held in accordance with subdivisions (a)(3)(C)(ii)-(v). (ii) Upon passage of the resolution, the county election commission shall, pursuant to § 2-3-204 , hold an election on the question of whether or not the office of constable shall be abolished providing options to vote "FOR" or "AGAINST" the question, after the receipt of a certified copy of a resolution from the county requesting an election be held. The ballots used in the election shall have printed on them the substance of the resolution and the voters shall vote for or against its approval. (iii) The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by the commission to the local governing body. (iv) The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of the question on the ballot. (v) A majority vote of those voting in the election shall determine whether the office of constable shall be abolished. If the question is approved the office of constable shall be abolished as provided in the resolution. If the question is not approved at the election, a successive referendum on the issue shall not be held for a period of two (2) calendar years. (b) (1) Constables in counties other than counties having populations of not less than one hundred twenty-seven thousand (127,000) nor more than one hundred twenty-eight thousand (128,000), according to the 1970 or any subsequent federal census, and other than those of class 1 as established by § 8-24-101 , shall be elected from constable districts established by the county legislative body. Prior to May 20, 1978, the county legislative bodies shall meet and, a majority of the members being present and concurring shall establish constable districts subject to the following limitations: (A) The number of constables to be elected shall not exceed one-half (½) the number of county commissioners; (B) Constable districts shall be reasonably compact and contiguous and shall not overlap; and (C) In establishing constable districts, population may be determined in the manner used to establish county commissioner districts. After 1980, constable districts shall be reapportioned at least as often as county commissioner districts, to ensure compliance with the limitations prescribed in this subsection (b). (2) In counties having a population of not less than eleven thousand five hundred (11,500) nor more than eleven thousand six hundred (11,600), according to the 1970 federal census or any subsequent federal census, there shall be no more than one (1) constable elected per commissioner district, and in addition one (1) additional constable shall be elected for each city or town. (3) In counties having a population of not less than forty-three thousand two hundred (43,200) nor more than forty-three thousand three hundred (43,300), according to the 1970 federal census or any subsequent federal census, there shall be no more than two (2) constables elected per commissioner district. (4) In counties having a population of not less than twenty-three thousand four hundred seventy-five (23,475) nor more than twenty-three thousand five hundred (23,500), according to the 1970 federal census or any subsequent federal census, there shall be one (1) constable elected per county legislative district and in addition one (1) additional constable shall be elected for the county town. (5) In counties having a population of not less than thirty-five thousand four hundred (35,400) nor more than thirty-five thousand four hundred seventy (35,470), according to the 1970 federal census or any subsequent federal census, there shall be one (1) constable elected per county legislative district. (6) The county legislative body in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400), according to the 1990 federal census or any subsequent federal census, may, upon passage of a resolution by a two-thirds (2/3) majority vote, provide that one (1) constable shall be elected for each commissioner from each county legislative district. (7) In any county having a population of not less than seventy-one thousand one hundred (71,100) nor more than seventy-one thousand two hundred (71,200), according to the 2000 federal census or any subsequent federal census, a candidate qualifying for election to the office of constable shall indicate on the candidate's nominating petition the constable district for which the candidate is seeking to qualify, as well as either Seat A or Seat B. (c) (1) The office of constable is abolished in class 2 counties as established by § 8-24-101 . (2) This subsection (c) shall not apply in any county having a population of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census. (3) Notwithstanding subdivision (c)(1), after June 21, 2010, if and when the population of any county having a population of not less than one hundred seven thousand one hundred (107,100) nor more than one hundred seven thousand two hundred (107,200) or not less than one hundred thirty thousand four hundred (130,400) nor more than one hundred thirty thousand five hundred (130,500), according to the 2000 federal census or any subsequent federal census, increases to a size which would constitute any such county as a county of the second class in accordance with § 8-24-101(a)(2) , subdivision (c)(1) shall not apply to such county. (d) The office of constable is abolished in class 1 counties, according to § 8-24-101 . (e) The office of constable is abolished in any county having a population of not less than six thousand one hundred twenty-five (6,125) nor more than six thousand two hundred twenty-five (6,225), according to the 1980 federal census or any subsequent federal census. (f) The office of constable is abolished in any county having a population of not less than fourteen thousand nine hundred twenty-five (14,925) nor more than fourteen thousand nine hundred forty (14,940), according to the 1980 federal census or any subsequent federal census. (g) The office of constable is abolished in any county having a population of not less than seven thousand four hundred fifty (7,450) nor more than seven thousand five hundred (7,500), according to the 1980 federal census or any subsequent federal census. (h) Effective September 1, 1990, the office of constable is abolished in any county having a population of: not less than nor more than 9,475.................................................... 9,550 19,500.................................................. 19,575 24,600.................................................. 24,650 according to the 1980 federal census or any subsequent federal census. (i) The office of constable is abolished in any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census. (j) The office of constable is abolished in any county having a population of not less than fifteen thousand six hundred (15,600) nor more than fifteen thousand eight hundred fifty (15,850), according to the 1990 federal census or any subsequent federal census. (k) It is the intent of the general assembly by the enactment of this subsection (k) to remove from the constable, in any county having a population of not less than fifty-nine thousand four hundred (59,400) nor more than fifty-nine thousand five hundred (59,500), according to the 1970 federal census or any subsequent federal census or not less than nor more than 100,300............................................... 100,600 118,400............................................... 118,700 according to the 1990 federal census or any subsequent federal census, any law enforcement powers and to retain such constable for the purpose of the service of lawfully issued process. (l) In accordance with chapter 753, § 7 of the Public Acts of 1996, upon adoption of a resolution by the county legislative body of any county to which that act applies, effective September 1, 1998, the office of constable is abolished in such county. (m) The office of constable is abolished in any county having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand four hundred (17,400), according to the 1990 census or any subsequent federal census. (n) Constables in counties having populations of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census, shall be elected from constable districts established by the county legislative body. Code 1858, § 384 (deriv. Const., 1834, art. 6, § 15); Acts 1851-1852, ch. 139, § 1; Shan., § 475; Code 1932, § 722; Acts 1978, ch. 934, § 23; T.C.A. (orig. ed.), § 8-1001; Acts 1980, ch. 598, § 1; 1981, ch. 56, § 1; 1982, ch. 601, §§ 1-5; 1982, ch. 796, § 1; 1983, ch. 160, § 1; 1983, ch. 163, §§ 1, 2; 1983, ch. 339, §§ 2, 3; 1983, ch. 340, § 1; 1983, ch. 341, § 1; 1984, ch. 588, § 1; 1989, ch. 385, § 1; 1990, ch. 678, § 1; 1991, ch. 9, §§ 1, 2; 1992, ch. 620, § 1; 1992, ch. 973, § 1; 1994, ch. 537, § 1; 1996, ch. 553, § 1; 1996, ch. 753, § 6; 1996, ch. 797, § 1; 1997 , ch. 344, §§ 1 - 4, 6, 7, 9, 10; 1999, ch. 296, §§ 1, 2; 2004, ch. 450, §§ 1, 3; 2009 , ch. 159, § 1; 2009 , ch. 230, § 1; 2009 , ch. 515, §§ 1, 3; 2010 , ch. 1047, § 1.
(a) (1) Two (2) constables shall be elected by the qualified voters in the civil district of each county which includes the county town, and one (1) in every other civil district of the county, each of whom shall hold office for two (2) years, and until the qualification of a successor. (2) All constables elected to a four-year term, as permitted by the procedure established in this subsection (a), before July 1, 1983, are declared validly elected and shall have the powers and duties established in this chapter and otherwise established by law. (3) (A) Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, abolish the office of constable for that county or set the term of office for the constable at either two (2) or four (4) years. Any change would not be effective until the end of the current term being served by the constable. (B) This subdivision (a)(3) does not apply in counties having a population of: not less than nor more than 13,625.................................................. 13,675 30,500.................................................. 30,800 31,200.................................................. 31,300 67,600.................................................. 67,900 73,500.................................................. 73,900 85,800.................................................. 86,100 according to the 1990 federal census or any subsequent federal census. (C) (i) If the county legislative body of any county having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), according to the 2000 federal census or any subsequent federal census, adopts a resolution in accordance with subdivision (a)(3)(A) to abolish the office of constable for that county, the resolution shall not become operative until approved in an election to be held in accordance with subdivisions (a)(3)(C)(ii)-(v). (ii) Upon passage of the resolution, the county election commission shall, pursuant to § 2-3-204 , hold an election on the question of whether or not the office of constable shall be abolished providing options to vote "FOR" or "AGAINST" the question, after the receipt of a certified copy of a resolution from the county requesting an election be held. The ballots used in the election shall have printed on them the substance of the resolution and the voters shall vote for or against its approval. (iii) The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by the commission to the local governing body. (iv) The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of the question on the ballot. (v) A majority vote of those voting in the election shall determine whether the office of constable shall be abolished. If the question is approved the office of constable shall be abolished as provided in the resolution. If the question is not approved at the election, a successive referendum on the issue shall not be held for a period of two (2) calendar years.
(1) Two (2) constables shall be elected by the qualified voters in the civil district of each county which includes the county town, and one (1) in every other civil district of the county, each of whom shall hold office for two (2) years, and until the qualification of a successor.
(2) All constables elected to a four-year term, as permitted by the procedure established in this subsection (a), before July 1, 1983, are declared validly elected and shall have the powers and duties established in this chapter and otherwise established by law.
(3) (A) Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, abolish the office of constable for that county or set the term of office for the constable at either two (2) or four (4) years. Any change would not be effective until the end of the current term being served by the constable. (B) This subdivision (a)(3) does not apply in counties having a population of: not less than nor more than 13,625.................................................. 13,675 30,500.................................................. 30,800 31,200.................................................. 31,300 67,600.................................................. 67,900 73,500.................................................. 73,900 85,800.................................................. 86,100 according to the 1990 federal census or any subsequent federal census. (C) (i) If the county legislative body of any county having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), according to the 2000 federal census or any subsequent federal census, adopts a resolution in accordance with subdivision (a)(3)(A) to abolish the office of constable for that county, the resolution shall not become operative until approved in an election to be held in accordance with subdivisions (a)(3)(C)(ii)-(v). (ii) Upon passage of the resolution, the county election commission shall, pursuant to § 2-3-204 , hold an election on the question of whether or not the office of constable shall be abolished providing options to vote "FOR" or "AGAINST" the question, after the receipt of a certified copy of a resolution from the county requesting an election be held. The ballots used in the election shall have printed on them the substance of the resolution and the voters shall vote for or against its approval. (iii) The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by the commission to the local governing body. (iv) The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of the question on the ballot. (v) A majority vote of those voting in the election shall determine whether the office of constable shall be abolished. If the question is approved the office of constable shall be abolished as provided in the resolution. If the question is not approved at the election, a successive referendum on the issue shall not be held for a period of two (2) calendar years.
(A) Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, abolish the office of constable for that county or set the term of office for the constable at either two (2) or four (4) years. Any change would not be effective until the end of the current term being served by the constable.
(B) This subdivision (a)(3) does not apply in counties having a population of: not less than nor more than 13,625.................................................. 13,675 30,500.................................................. 30,800 31,200.................................................. 31,300 67,600.................................................. 67,900 73,500.................................................. 73,900 85,800.................................................. 86,100 according to the 1990 federal census or any subsequent federal census.
not less than nor more than 13,625.................................................. 13,675 30,500.................................................. 30,800 31,200.................................................. 31,300 67,600.................................................. 67,900 73,500.................................................. 73,900 85,800.................................................. 86,100
not less than
nor more than
13,625..................................................
13,675
30,500..................................................
30,800
31,200..................................................
31,300
67,600..................................................
67,900
73,500..................................................
73,900
85,800..................................................
86,100
according to the 1990 federal census or any subsequent federal census.
(C) (i) If the county legislative body of any county having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), according to the 2000 federal census or any subsequent federal census, adopts a resolution in accordance with subdivision (a)(3)(A) to abolish the office of constable for that county, the resolution shall not become operative until approved in an election to be held in accordance with subdivisions (a)(3)(C)(ii)-(v). (ii) Upon passage of the resolution, the county election commission shall, pursuant to § 2-3-204 , hold an election on the question of whether or not the office of constable shall be abolished providing options to vote "FOR" or "AGAINST" the question, after the receipt of a certified copy of a resolution from the county requesting an election be held. The ballots used in the election shall have printed on them the substance of the resolution and the voters shall vote for or against its approval. (iii) The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by the commission to the local governing body. (iv) The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of the question on the ballot. (v) A majority vote of those voting in the election shall determine whether the office of constable shall be abolished. If the question is approved the office of constable shall be abolished as provided in the resolution. If the question is not approved at the election, a successive referendum on the issue shall not be held for a period of two (2) calendar years.
(i) If the county legislative body of any county having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), according to the 2000 federal census or any subsequent federal census, adopts a resolution in accordance with subdivision (a)(3)(A) to abolish the office of constable for that county, the resolution shall not become operative until approved in an election to be held in accordance with subdivisions (a)(3)(C)(ii)-(v).
(ii) Upon passage of the resolution, the county election commission shall, pursuant to § 2-3-204 , hold an election on the question of whether or not the office of constable shall be abolished providing options to vote "FOR" or "AGAINST" the question, after the receipt of a certified copy of a resolution from the county requesting an election be held. The ballots used in the election shall have printed on them the substance of the resolution and the voters shall vote for or against its approval.
(iii) The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by the commission to the local governing body.
(iv) The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of the question on the ballot.
(v) A majority vote of those voting in the election shall determine whether the office of constable shall be abolished. If the question is approved the office of constable shall be abolished as provided in the resolution. If the question is not approved at the election, a successive referendum on the issue shall not be held for a period of two (2) calendar years.
(b) (1) Constables in counties other than counties having populations of not less than one hundred twenty-seven thousand (127,000) nor more than one hundred twenty-eight thousand (128,000), according to the 1970 or any subsequent federal census, and other than those of class 1 as established by § 8-24-101 , shall be elected from constable districts established by the county legislative body. Prior to May 20, 1978, the county legislative bodies shall meet and, a majority of the members being present and concurring shall establish constable districts subject to the following limitations: (A) The number of constables to be elected shall not exceed one-half (½) the number of county commissioners; (B) Constable districts shall be reasonably compact and contiguous and shall not overlap; and (C) In establishing constable districts, population may be determined in the manner used to establish county commissioner districts. After 1980, constable districts shall be reapportioned at least as often as county commissioner districts, to ensure compliance with the limitations prescribed in this subsection (b). (2) In counties having a population of not less than eleven thousand five hundred (11,500) nor more than eleven thousand six hundred (11,600), according to the 1970 federal census or any subsequent federal census, there shall be no more than one (1) constable elected per commissioner district, and in addition one (1) additional constable shall be elected for each city or town. (3) In counties having a population of not less than forty-three thousand two hundred (43,200) nor more than forty-three thousand three hundred (43,300), according to the 1970 federal census or any subsequent federal census, there shall be no more than two (2) constables elected per commissioner district. (4) In counties having a population of not less than twenty-three thousand four hundred seventy-five (23,475) nor more than twenty-three thousand five hundred (23,500), according to the 1970 federal census or any subsequent federal census, there shall be one (1) constable elected per county legislative district and in addition one (1) additional constable shall be elected for the county town. (5) In counties having a population of not less than thirty-five thousand four hundred (35,400) nor more than thirty-five thousand four hundred seventy (35,470), according to the 1970 federal census or any subsequent federal census, there shall be one (1) constable elected per county legislative district. (6) The county legislative body in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400), according to the 1990 federal census or any subsequent federal census, may, upon passage of a resolution by a two-thirds (2/3) majority vote, provide that one (1) constable shall be elected for each commissioner from each county legislative district. (7) In any county having a population of not less than seventy-one thousand one hundred (71,100) nor more than seventy-one thousand two hundred (71,200), according to the 2000 federal census or any subsequent federal census, a candidate qualifying for election to the office of constable shall indicate on the candidate's nominating petition the constable district for which the candidate is seeking to qualify, as well as either Seat A or Seat B.
(1) Constables in counties other than counties having populations of not less than one hundred twenty-seven thousand (127,000) nor more than one hundred twenty-eight thousand (128,000), according to the 1970 or any subsequent federal census, and other than those of class 1 as established by § 8-24-101 , shall be elected from constable districts established by the county legislative body. Prior to May 20, 1978, the county legislative bodies shall meet and, a majority of the members being present and concurring shall establish constable districts subject to the following limitations: (A) The number of constables to be elected shall not exceed one-half (½) the number of county commissioners; (B) Constable districts shall be reasonably compact and contiguous and shall not overlap; and (C) In establishing constable districts, population may be determined in the manner used to establish county commissioner districts. After 1980, constable districts shall be reapportioned at least as often as county commissioner districts, to ensure compliance with the limitations prescribed in this subsection (b).
(A) The number of constables to be elected shall not exceed one-half (½) the number of county commissioners;
(B) Constable districts shall be reasonably compact and contiguous and shall not overlap; and
(C) In establishing constable districts, population may be determined in the manner used to establish county commissioner districts. After 1980, constable districts shall be reapportioned at least as often as county commissioner districts, to ensure compliance with the limitations prescribed in this subsection (b).
(2) In counties having a population of not less than eleven thousand five hundred (11,500) nor more than eleven thousand six hundred (11,600), according to the 1970 federal census or any subsequent federal census, there shall be no more than one (1) constable elected per commissioner district, and in addition one (1) additional constable shall be elected for each city or town.
(3) In counties having a population of not less than forty-three thousand two hundred (43,200) nor more than forty-three thousand three hundred (43,300), according to the 1970 federal census or any subsequent federal census, there shall be no more than two (2) constables elected per commissioner district.
(4) In counties having a population of not less than twenty-three thousand four hundred seventy-five (23,475) nor more than twenty-three thousand five hundred (23,500), according to the 1970 federal census or any subsequent federal census, there shall be one (1) constable elected per county legislative district and in addition one (1) additional constable shall be elected for the county town.
(5) In counties having a population of not less than thirty-five thousand four hundred (35,400) nor more than thirty-five thousand four hundred seventy (35,470), according to the 1970 federal census or any subsequent federal census, there shall be one (1) constable elected per county legislative district.
(6) The county legislative body in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400), according to the 1990 federal census or any subsequent federal census, may, upon passage of a resolution by a two-thirds (2/3) majority vote, provide that one (1) constable shall be elected for each commissioner from each county legislative district.
(7) In any county having a population of not less than seventy-one thousand one hundred (71,100) nor more than seventy-one thousand two hundred (71,200), according to the 2000 federal census or any subsequent federal census, a candidate qualifying for election to the office of constable shall indicate on the candidate's nominating petition the constable district for which the candidate is seeking to qualify, as well as either Seat A or Seat B.
(c) (1) The office of constable is abolished in class 2 counties as established by § 8-24-101 . (2) This subsection (c) shall not apply in any county having a population of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census. (3) Notwithstanding subdivision (c)(1), after June 21, 2010, if and when the population of any county having a population of not less than one hundred seven thousand one hundred (107,100) nor more than one hundred seven thousand two hundred (107,200) or not less than one hundred thirty thousand four hundred (130,400) nor more than one hundred thirty thousand five hundred (130,500), according to the 2000 federal census or any subsequent federal census, increases to a size which would constitute any such county as a county of the second class in accordance with § 8-24-101(a)(2) , subdivision (c)(1) shall not apply to such county.
(1) The office of constable is abolished in class 2 counties as established by § 8-24-101 .
(2) This subsection (c) shall not apply in any county having a population of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census.
(3) Notwithstanding subdivision (c)(1), after June 21, 2010, if and when the population of any county having a population of not less than one hundred seven thousand one hundred (107,100) nor more than one hundred seven thousand two hundred (107,200) or not less than one hundred thirty thousand four hundred (130,400) nor more than one hundred thirty thousand five hundred (130,500), according to the 2000 federal census or any subsequent federal census, increases to a size which would constitute any such county as a county of the second class in accordance with § 8-24-101(a)(2) , subdivision (c)(1) shall not apply to such county.
(d) The office of constable is abolished in class 1 counties, according to § 8-24-101 .
(e) The office of constable is abolished in any county having a population of not less than six thousand one hundred twenty-five (6,125) nor more than six thousand two hundred twenty-five (6,225), according to the 1980 federal census or any subsequent federal census.
(f) The office of constable is abolished in any county having a population of not less than fourteen thousand nine hundred twenty-five (14,925) nor more than fourteen thousand nine hundred forty (14,940), according to the 1980 federal census or any subsequent federal census.
(g) The office of constable is abolished in any county having a population of not less than seven thousand four hundred fifty (7,450) nor more than seven thousand five hundred (7,500), according to the 1980 federal census or any subsequent federal census.
(h) Effective September 1, 1990, the office of constable is abolished in any county having a population of: not less than nor more than 9,475.................................................... 9,550 19,500.................................................. 19,575 24,600.................................................. 24,650 according to the 1980 federal census or any subsequent federal census.
not less than nor more than 9,475.................................................... 9,550 19,500.................................................. 19,575 24,600.................................................. 24,650
not less than
nor more than
9,475....................................................
9,550
19,500..................................................
19,575
24,600..................................................
24,650
according to the 1980 federal census or any subsequent federal census.
(i) The office of constable is abolished in any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census.
(j) The office of constable is abolished in any county having a population of not less than fifteen thousand six hundred (15,600) nor more than fifteen thousand eight hundred fifty (15,850), according to the 1990 federal census or any subsequent federal census.
(k) It is the intent of the general assembly by the enactment of this subsection (k) to remove from the constable, in any county having a population of not less than fifty-nine thousand four hundred (59,400) nor more than fifty-nine thousand five hundred (59,500), according to the 1970 federal census or any subsequent federal census or not less than nor more than 100,300............................................... 100,600 118,400............................................... 118,700 according to the 1990 federal census or any subsequent federal census, any law enforcement powers and to retain such constable for the purpose of the service of lawfully issued process.
not less than nor more than 100,300............................................... 100,600 118,400............................................... 118,700
not less than
nor more than
100,300...............................................
100,600
118,400...............................................
118,700
according to the 1990 federal census or any subsequent federal census, any law enforcement powers and to retain such constable for the purpose of the service of lawfully issued process.
(l) In accordance with chapter 753, § 7 of the Public Acts of 1996, upon adoption of a resolution by the county legislative body of any county to which that act applies, effective September 1, 1998, the office of constable is abolished in such county.
(m) The office of constable is abolished in any county having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand four hundred (17,400), according to the 1990 census or any subsequent federal census.
(n) Constables in counties having populations of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census, shall be elected from constable districts established by the county legislative body.
Code 1858, § 384 (deriv. Const., 1834, art. 6, § 15); Acts 1851-1852, ch. 139, § 1; Shan., § 475; Code 1932, § 722; Acts 1978, ch. 934, § 23; T.C.A. (orig. ed.), § 8-1001; Acts 1980, ch. 598, § 1; 1981, ch. 56, § 1; 1982, ch. 601, §§ 1-5; 1982, ch. 796, § 1; 1983, ch. 160, § 1; 1983, ch. 163, §§ 1, 2; 1983, ch. 339, §§ 2, 3; 1983, ch. 340, § 1; 1983, ch. 341, § 1; 1984, ch. 588, § 1; 1989, ch. 385, § 1; 1990, ch. 678, § 1; 1991, ch. 9, §§ 1, 2; 1992, ch. 620, § 1; 1992, ch. 973, § 1; 1994, ch. 537, § 1; 1996, ch. 553, § 1; 1996, ch. 753, § 6; 1996, ch. 797, § 1; 1997 , ch. 344, §§ 1 - 4, 6, 7, 9, 10; 1999, ch. 296, §§ 1, 2; 2004, ch. 450, §§ 1, 3; 2009 , ch. 159, § 1; 2009 , ch. 230, § 1; 2009 , ch. 515, §§ 1, 3; 2010 , ch. 1047, § 1.
Tenn. Code Ann. § 8-34-620 — TN Code / Title 8 / Chapter 34 / Section 8-34-620
Out-of-state service
Status: in_force

(a) For the purpose of determining eligibility for service retirement benefits, any teacher or state employee may establish retirement credit for previous service rendered as a public school teacher or full-time state employee in a state other than Tennessee or as a teacher in an overseas facility owned or operated by the United States department of defense under the following conditions: (1) The previous service shall not be used in determining any rights under this chapter prior to the member being vested; (2) The member is not receiving, and is not and will not be entitled to receive, retirement credit in any other retirement system for such previous service; (3) The previous service does not exceed the number of years of creditable service in Tennessee; (4) The previous service must be certified on proper documents as required by the board of trustees; (5) The service shall only be credited for the purpose of establishing eligibility for retirement. No benefit shall be paid on such service; and (6) The member shall make a lump sum payment equal to: (A) If the previous service was rendered on or before June 30, 2000, (i) The sum the member would have contributed had the member been a member during such period of out-of-state service; (ii) Plus the employer contributions which would have been made in accordance with the contribution rates in effect during the period in which the service was rendered; (iii) Plus interest on both at the rate provided by § 8-37-214 ; and (B) If the previous service was rendered after June 30, 2000, (i) A sum equal to ten percent (10%) of the member's earnable compensation during such period of out-of-state service; (ii) Plus interest at the rate provided by § 8-37-214 . (b) Notwithstanding subdivision (a)(2), if a member was in a defined contribution plan maintained on behalf of the member by an out-of-state public employer, the member shall be permitted to use other funds not in that plan to establish credit pursuant to this section. Acts 1984, ch. 689, § 1; 1985, ch. 82, § 1; 1991, ch. 53, §§ 1-3; 2000, ch. 590, § 1; 2005, ch. 204, § 4.
(a) For the purpose of determining eligibility for service retirement benefits, any teacher or state employee may establish retirement credit for previous service rendered as a public school teacher or full-time state employee in a state other than Tennessee or as a teacher in an overseas facility owned or operated by the United States department of defense under the following conditions: (1) The previous service shall not be used in determining any rights under this chapter prior to the member being vested; (2) The member is not receiving, and is not and will not be entitled to receive, retirement credit in any other retirement system for such previous service; (3) The previous service does not exceed the number of years of creditable service in Tennessee; (4) The previous service must be certified on proper documents as required by the board of trustees; (5) The service shall only be credited for the purpose of establishing eligibility for retirement. No benefit shall be paid on such service; and (6) The member shall make a lump sum payment equal to: (A) If the previous service was rendered on or before June 30, 2000, (i) The sum the member would have contributed had the member been a member during such period of out-of-state service; (ii) Plus the employer contributions which would have been made in accordance with the contribution rates in effect during the period in which the service was rendered; (iii) Plus interest on both at the rate provided by § 8-37-214 ; and (B) If the previous service was rendered after June 30, 2000, (i) A sum equal to ten percent (10%) of the member's earnable compensation during such period of out-of-state service; (ii) Plus interest at the rate provided by § 8-37-214 .
(1) The previous service shall not be used in determining any rights under this chapter prior to the member being vested;
(2) The member is not receiving, and is not and will not be entitled to receive, retirement credit in any other retirement system for such previous service;
(3) The previous service does not exceed the number of years of creditable service in Tennessee;
(4) The previous service must be certified on proper documents as required by the board of trustees;
(5) The service shall only be credited for the purpose of establishing eligibility for retirement. No benefit shall be paid on such service; and
(6) The member shall make a lump sum payment equal to: (A) If the previous service was rendered on or before June 30, 2000, (i) The sum the member would have contributed had the member been a member during such period of out-of-state service; (ii) Plus the employer contributions which would have been made in accordance with the contribution rates in effect during the period in which the service was rendered; (iii) Plus interest on both at the rate provided by § 8-37-214 ; and (B) If the previous service was rendered after June 30, 2000, (i) A sum equal to ten percent (10%) of the member's earnable compensation during such period of out-of-state service; (ii) Plus interest at the rate provided by § 8-37-214 .
(A) If the previous service was rendered on or before June 30, 2000, (i) The sum the member would have contributed had the member been a member during such period of out-of-state service; (ii) Plus the employer contributions which would have been made in accordance with the contribution rates in effect during the period in which the service was rendered; (iii) Plus interest on both at the rate provided by § 8-37-214 ; and
(i) The sum the member would have contributed had the member been a member during such period of out-of-state service;
(ii) Plus the employer contributions which would have been made in accordance with the contribution rates in effect during the period in which the service was rendered;
(iii) Plus interest on both at the rate provided by § 8-37-214 ; and
(B) If the previous service was rendered after June 30, 2000, (i) A sum equal to ten percent (10%) of the member's earnable compensation during such period of out-of-state service; (ii) Plus interest at the rate provided by § 8-37-214 .
(i) A sum equal to ten percent (10%) of the member's earnable compensation during such period of out-of-state service;
(ii) Plus interest at the rate provided by § 8-37-214 .
(b) Notwithstanding subdivision (a)(2), if a member was in a defined contribution plan maintained on behalf of the member by an out-of-state public employer, the member shall be permitted to use other funds not in that plan to establish credit pursuant to this section.
Acts 1984, ch. 689, § 1; 1985, ch. 82, § 1; 1991, ch. 53, §§ 1-3; 2000, ch. 590, § 1; 2005, ch. 204, § 4.
Tenn. Code Ann. § 8-27-403 — TN Code / Title 8 / Chapter 27 / Section 8-27-403
Approval of contracts with insurance companies - Policy terms
Status: in_force

(a) The county mayor or a delegated committee of the governing body may prepare and present to the governing body for approval a contract or contracts with one (1) or more insurance companies or other corporations which may exist under title 56, chapter 27, 28, or 29 authorized to do business in the state of Tennessee, or to one (1) or more insurance trusts which have contracted with an insurance company or companies or corporations, as set out above, authorized to do business in this state for a policy or policies of group insurance to provide for the payment of group life, hospitalization, disability, or medical expenses for designated county employees. Such approval shall be by majority vote of the governing body and shall be executed in the name of the county. Such contracts may from time to time be amended, modified, or changed by majority vote of the governing body. (b) The policy or policies shall conform to the standard provisions of group insurance policies as set forth in this code. (c) In any county having a population of not less than one hundred seven thousand one hundred (107,100) nor more than one hundred seven thousand two hundred (107,200), according to the 2000 federal census or any subsequent federal census, the provisions and requirements of the County Purchasing Law of 1957, compiled in title 5, chapter 14, part 1, shall not apply to the county mayor or any delegated committee of the governing body either responsible for presentment or approval of a contract pursuant to this part. Acts 1974, ch. 449, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 8-4130; Acts 2003, ch. 90, § 2; 2010, ch. 974, § 2.
(a) The county mayor or a delegated committee of the governing body may prepare and present to the governing body for approval a contract or contracts with one (1) or more insurance companies or other corporations which may exist under title 56, chapter 27, 28, or 29 authorized to do business in the state of Tennessee, or to one (1) or more insurance trusts which have contracted with an insurance company or companies or corporations, as set out above, authorized to do business in this state for a policy or policies of group insurance to provide for the payment of group life, hospitalization, disability, or medical expenses for designated county employees. Such approval shall be by majority vote of the governing body and shall be executed in the name of the county. Such contracts may from time to time be amended, modified, or changed by majority vote of the governing body.
(b) The policy or policies shall conform to the standard provisions of group insurance policies as set forth in this code.
(c) In any county having a population of not less than one hundred seven thousand one hundred (107,100) nor more than one hundred seven thousand two hundred (107,200), according to the 2000 federal census or any subsequent federal census, the provisions and requirements of the County Purchasing Law of 1957, compiled in title 5, chapter 14, part 1, shall not apply to the county mayor or any delegated committee of the governing body either responsible for presentment or approval of a contract pursuant to this part.
Acts 1974, ch. 449, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 8-4130; Acts 2003, ch. 90, § 2; 2010, ch. 974, § 2.
Tenn. Code Ann. § 8-50-803 — TN Code / Title 8 / Chapter 50 / Section 8-50-803
Full-time service accrual for annual or sick leave purposes
Status: in_force

(a) In determining the amount of full-time service accrued by an employee of the state of Tennessee, all full-time service accumulated while employed in any agency, office, or department of the state or in any state college or university shall be credited for purposes of the leave computation set out in §§ 8-50-801 and 8-50-802 . Any former member of the general assembly who, as of July 1, 1988, was eligible to accrue annual leave under § 8-50-801 , shall be credited for each year of legislative service as twelve (12) months of full-time service for all time served in the general assembly when determining the annual leave computation in § 8-50-801 . (b) In addition, all earned leave accrued while employed in any agency, office or department of the state or in any state college or university shall be fully transferable between such agencies, offices, departments, colleges and universities. (c) In addition, all earned sick leave provided for by §§ 49-5-701 , 49-5-707 , and 49-5-710 , which is accrued by a teacher employed by a local school board in Tennessee who leaves the employ of that board and becomes an employee of any agency, office, department, or institution of the state or any state college or university, and participates in the sick leave program provided in this part, shall be considered accumulated state sick leave under § 8-50-802 . (d) Any person may waive such conversion by notice to the authority responsible for that person's appointment. (e) The previous employer shall certify to the new employer that the sick leave for which credit is being sought actually is accrued and due and is substantiated by records of the agency compiled during the course of such employment and not from records compiled solely for purposes of establishing leave credit. (f) The conversion of sick leave under this section shall be available to any employee who has transferred employment from a local school system to any herein named agency of state government. 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 ; Acts 1988, ch. 468, § 2; 1988, ch. 697, § 1.
(a) In determining the amount of full-time service accrued by an employee of the state of Tennessee, all full-time service accumulated while employed in any agency, office, or department of the state or in any state college or university shall be credited for purposes of the leave computation set out in §§ 8-50-801 and 8-50-802 . Any former member of the general assembly who, as of July 1, 1988, was eligible to accrue annual leave under § 8-50-801 , shall be credited for each year of legislative service as twelve (12) months of full-time service for all time served in the general assembly when determining the annual leave computation in § 8-50-801 .
(b) In addition, all earned leave accrued while employed in any agency, office or department of the state or in any state college or university shall be fully transferable between such agencies, offices, departments, colleges and universities.
(c) In addition, all earned sick leave provided for by §§ 49-5-701 , 49-5-707 , and 49-5-710 , which is accrued by a teacher employed by a local school board in Tennessee who leaves the employ of that board and becomes an employee of any agency, office, department, or institution of the state or any state college or university, and participates in the sick leave program provided in this part, shall be considered accumulated state sick leave under § 8-50-802 .
(d) Any person may waive such conversion by notice to the authority responsible for that person's appointment.
(e) The previous employer shall certify to the new employer that the sick leave for which credit is being sought actually is accrued and due and is substantiated by records of the agency compiled during the course of such employment and not from records compiled solely for purposes of establishing leave credit.
(f) The conversion of sick leave under this section shall be available to any employee who has transferred employment from a local school system to any herein named agency of state government.
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 ; Acts 1988, ch. 468, § 2; 1988, ch. 697, § 1.
Tenn. Code Ann. § 8-25-310 — TN Code / Title 8 / Chapter 25 / Section 8-25-310
Alternative social security replacement plan for classes of employees not covered by agreement under Section 8-38-103
Status: in_force

The state treasurer, with the approval of the commissioner of finance and administration, may adopt a new feature to the plan that would provide for an alternative social security replacement plan that satisfies the requirements of § 3121(b)(7)(F) of the Internal Revenue Code ( 26 U.S.C. § 3121(b)(7)(F) ), as may be amended, and any rules and regulations promulgated thereunder for any classes of state employees, including employees of institutions of higher education, whose service is not covered by an agreement entered into under § 8-38-103 . Any such plan may require the withholding as deferred compensation from the wages otherwise payable to those employees of up to seven and one-half percent (7½%) of wages, as the term "wages" is defined for social security purposes, or such other amount as may be required as an alternative to social security contributions. Added by 2015 Tenn. Acts, ch. 421, s 27, eff. 5/8/2015.
The state treasurer, with the approval of the commissioner of finance and administration, may adopt a new feature to the plan that would provide for an alternative social security replacement plan that satisfies the requirements of § 3121(b)(7)(F) of the Internal Revenue Code ( 26 U.S.C. § 3121(b)(7)(F) ), as may be amended, and any rules and regulations promulgated thereunder for any classes of state employees, including employees of institutions of higher education, whose service is not covered by an agreement entered into under § 8-38-103 . Any such plan may require the withholding as deferred compensation from the wages otherwise payable to those employees of up to seven and one-half percent (7½%) of wages, as the term "wages" is defined for social security purposes, or such other amount as may be required as an alternative to social security contributions.
Added by 2015 Tenn. Acts, ch. 421, s 27, eff. 5/8/2015.
Tenn. Code Ann. § 8-35-226 — TN Code / Title 8 / Chapter 35 / Section 8-35-226
Elected city, special school district, or county governmental personnel
Status: in_force

(a) Appointed or elected school board members of special school districts, and of city or county boards, commissions, committees, councils and the like, by whatever name known, who are elected by popular vote and whose duties are performed intermittently or periodically for the purposes of fixing rates, issuing permits or licenses, regulating trades or professions, or who serve in an advisory, study or planning capacity and the like, shall be eligible for membership in the Tennessee consolidated retirement system at the option of the chief legislative body of the city, special school district or county, upon satisfying the following subdivisions: (1) The chief legislative body of the city, special school district or county passes a resolution approved by a two-thirds (2/3) majority authorizing membership for such employees and accepting the liability therefor; (2) Upon such authorization and assumption of the employer liability, any such employee who meets the requirements of § 8-35-203(a)(2)(A) and (B) shall be eligible to establish retirement credit for such periods of previous service as authorized for other employees of the city, special school district or county; (3) An employee establishing such prior service must make a lump sum payment equal to the employee contributions such employee would have made had such employee been a member of the system during the period claimed, plus interest at the rate provided in § 8-37-214 ; and (4) Membership in the retirement system pursuant to this section shall be permitted only if the chief legislative body that has authorized retirement participation for its departments or instrumentalities extends such coverage to all nonparticipating departments and instrumentalities. If such option is elected, the remaining departments and instrumentalities shall participate under the conditions of § 8-35-201 . (b) (1) Upon becoming a vested member of the Tennessee consolidated retirement system, any employee of a city who was formerly an elected official of the city where such employee is so employed shall be eligible to establish retirement credit for such time such employee served as an elected official of the city if the following conditions are met: (A) The city has by a two-thirds (2/3) majority of its legislative body approved a resolution as provided in subsection (a); (B) Such person was an employee of the city on the date such resolution was enacted; (C) The city at its option approves by a two-thirds (2/3) majority of its legislative body a resolution authorizing an actuarial study to determine the liability associated with such prior service, and in such resolution the city accepts responsibility for the costs of such study; and (D) Following receipt of the actuarial study, the city adopts a resolution approved by a two-thirds (2/3) majority of the legislative body authorizing prior service for such employee and accepts the liability for such service. (2) Any employee establishing such prior service must make a lump sum payment equal to the employee contributions such employee would have made had such employee been a member of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 . (3) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of such employee or such employee's beneficiaries for which reserves have not been previously created from funds contributed by the city and/or by or on behalf of such employee. (4) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the city legislative body. (c) Retirement benefits payable on service established pursuant to this section shall be computed in accordance with chapter 36 of this title. In no event shall the benefit payable on such service be less than that provided under § 8-36-209(a)(1)(A), (a)(1)(B), (a)(2)(A)(i) or (a)(2)(A)(ii) , depending upon which option is exercised by the chief legislative body. Such benefit is subject to the limitations of § 8-36-102 . (d) Service pursuant to this section shall be independent of all other creditable service for the purpose of calculating the member's average final compensation. (e) For the purposes of determining the limitations on the amount of the retirement allowance as provided in § 8-36-102 , the average final compensation for service granted pursuant to this section shall be independent of the average final compensation calculation on any other creditable service in the retirement system. (f) Notwithstanding another law to the contrary, a member who has been elected or appointed to or has assumed a position covered under this section on or after January 1, 2012, and simultaneously holds that position and another position with a different employer as a retirement system member, may continue service in the elected or appointed board member position while receiving a retirement allowance, if otherwise eligible therefore, based on the member's salary and service credit in a position other than a position covered under this section; provided, that the following conditions are met: (1) The member's retirement benefits are based on service and salary rendered in a position other than a position covered by this section; (2) The member is not drawing disability retirement benefits under chapter 36, part 5 of this title; (3) The member will continue to accrue salary and service credit while serving in a position covered under this section until the member's retirement from that position. Upon the retirement system's receipt of a request from the member, the member will receive a second retirement allowance based on the member's salary and service credit accrued in a position covered under this section; provided, that the member has separated from the position and is otherwise eligible for the retirement allowance. The retirement payment plan and beneficiary selected by the member on the retirement application from the other employment position must be the same for the second retirement allowance and must not be changed or revoked, except as provided in chapter 36, part 6 of this title; (4) The member must not return to work temporarily in a position covered by the retirement system pursuant to chapter 36, part 8 of this title until the member retires from all positions covered by the retirement system; and (5) Consistent with §§ 8-36-203 and 8-36-303 , benefits paid under this subsection (f) that are based on service in a position other than a position covered under this section must be paid from the member's effective date of retirement, which may include retroactive payments. Amended by 2024 Tenn. Acts, ch. 544,s 1, eff. 3/7/2024. Amended by 2014 Tenn. Acts, ch. 659, s 12, eff. 4/10/2014. Amended by 2013 Tenn. Acts, ch. 296, s 10, eff. 4/29/2013. Acts 1986, ch. 764, § 1; 1987, ch. 25, § 1; 1988, ch. 691, §§ 1-3; 1989, ch. 120, § 1; 2010 , ch. 777, § 20.
(a) Appointed or elected school board members of special school districts, and of city or county boards, commissions, committees, councils and the like, by whatever name known, who are elected by popular vote and whose duties are performed intermittently or periodically for the purposes of fixing rates, issuing permits or licenses, regulating trades or professions, or who serve in an advisory, study or planning capacity and the like, shall be eligible for membership in the Tennessee consolidated retirement system at the option of the chief legislative body of the city, special school district or county, upon satisfying the following subdivisions: (1) The chief legislative body of the city, special school district or county passes a resolution approved by a two-thirds (2/3) majority authorizing membership for such employees and accepting the liability therefor; (2) Upon such authorization and assumption of the employer liability, any such employee who meets the requirements of § 8-35-203(a)(2)(A) and (B) shall be eligible to establish retirement credit for such periods of previous service as authorized for other employees of the city, special school district or county; (3) An employee establishing such prior service must make a lump sum payment equal to the employee contributions such employee would have made had such employee been a member of the system during the period claimed, plus interest at the rate provided in § 8-37-214 ; and (4) Membership in the retirement system pursuant to this section shall be permitted only if the chief legislative body that has authorized retirement participation for its departments or instrumentalities extends such coverage to all nonparticipating departments and instrumentalities. If such option is elected, the remaining departments and instrumentalities shall participate under the conditions of § 8-35-201 .
(1) The chief legislative body of the city, special school district or county passes a resolution approved by a two-thirds (2/3) majority authorizing membership for such employees and accepting the liability therefor;
(2) Upon such authorization and assumption of the employer liability, any such employee who meets the requirements of § 8-35-203(a)(2)(A) and (B) shall be eligible to establish retirement credit for such periods of previous service as authorized for other employees of the city, special school district or county;
(3) An employee establishing such prior service must make a lump sum payment equal to the employee contributions such employee would have made had such employee been a member of the system during the period claimed, plus interest at the rate provided in § 8-37-214 ; and
(4) Membership in the retirement system pursuant to this section shall be permitted only if the chief legislative body that has authorized retirement participation for its departments or instrumentalities extends such coverage to all nonparticipating departments and instrumentalities. If such option is elected, the remaining departments and instrumentalities shall participate under the conditions of § 8-35-201 .
(b) (1) Upon becoming a vested member of the Tennessee consolidated retirement system, any employee of a city who was formerly an elected official of the city where such employee is so employed shall be eligible to establish retirement credit for such time such employee served as an elected official of the city if the following conditions are met: (A) The city has by a two-thirds (2/3) majority of its legislative body approved a resolution as provided in subsection (a); (B) Such person was an employee of the city on the date such resolution was enacted; (C) The city at its option approves by a two-thirds (2/3) majority of its legislative body a resolution authorizing an actuarial study to determine the liability associated with such prior service, and in such resolution the city accepts responsibility for the costs of such study; and (D) Following receipt of the actuarial study, the city adopts a resolution approved by a two-thirds (2/3) majority of the legislative body authorizing prior service for such employee and accepts the liability for such service. (2) Any employee establishing such prior service must make a lump sum payment equal to the employee contributions such employee would have made had such employee been a member of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 . (3) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of such employee or such employee's beneficiaries for which reserves have not been previously created from funds contributed by the city and/or by or on behalf of such employee. (4) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the city legislative body.
(1) Upon becoming a vested member of the Tennessee consolidated retirement system, any employee of a city who was formerly an elected official of the city where such employee is so employed shall be eligible to establish retirement credit for such time such employee served as an elected official of the city if the following conditions are met: (A) The city has by a two-thirds (2/3) majority of its legislative body approved a resolution as provided in subsection (a); (B) Such person was an employee of the city on the date such resolution was enacted; (C) The city at its option approves by a two-thirds (2/3) majority of its legislative body a resolution authorizing an actuarial study to determine the liability associated with such prior service, and in such resolution the city accepts responsibility for the costs of such study; and (D) Following receipt of the actuarial study, the city adopts a resolution approved by a two-thirds (2/3) majority of the legislative body authorizing prior service for such employee and accepts the liability for such service.
(A) The city has by a two-thirds (2/3) majority of its legislative body approved a resolution as provided in subsection (a);
(B) Such person was an employee of the city on the date such resolution was enacted;
(C) The city at its option approves by a two-thirds (2/3) majority of its legislative body a resolution authorizing an actuarial study to determine the liability associated with such prior service, and in such resolution the city accepts responsibility for the costs of such study; and
(D) Following receipt of the actuarial study, the city adopts a resolution approved by a two-thirds (2/3) majority of the legislative body authorizing prior service for such employee and accepts the liability for such service.
(2) Any employee establishing such prior service must make a lump sum payment equal to the employee contributions such employee would have made had such employee been a member of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 .
(3) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of such employee or such employee's beneficiaries for which reserves have not been previously created from funds contributed by the city and/or by or on behalf of such employee.
(4) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the city legislative body.
(c) Retirement benefits payable on service established pursuant to this section shall be computed in accordance with chapter 36 of this title. In no event shall the benefit payable on such service be less than that provided under § 8-36-209(a)(1)(A), (a)(1)(B), (a)(2)(A)(i) or (a)(2)(A)(ii) , depending upon which option is exercised by the chief legislative body. Such benefit is subject to the limitations of § 8-36-102 .
(d) Service pursuant to this section shall be independent of all other creditable service for the purpose of calculating the member's average final compensation.
(e) For the purposes of determining the limitations on the amount of the retirement allowance as provided in § 8-36-102 , the average final compensation for service granted pursuant to this section shall be independent of the average final compensation calculation on any other creditable service in the retirement system.
(f) Notwithstanding another law to the contrary, a member who has been elected or appointed to or has assumed a position covered under this section on or after January 1, 2012, and simultaneously holds that position and another position with a different employer as a retirement system member, may continue service in the elected or appointed board member position while receiving a retirement allowance, if otherwise eligible therefore, based on the member's salary and service credit in a position other than a position covered under this section; provided, that the following conditions are met: (1) The member's retirement benefits are based on service and salary rendered in a position other than a position covered by this section; (2) The member is not drawing disability retirement benefits under chapter 36, part 5 of this title; (3) The member will continue to accrue salary and service credit while serving in a position covered under this section until the member's retirement from that position. Upon the retirement system's receipt of a request from the member, the member will receive a second retirement allowance based on the member's salary and service credit accrued in a position covered under this section; provided, that the member has separated from the position and is otherwise eligible for the retirement allowance. The retirement payment plan and beneficiary selected by the member on the retirement application from the other employment position must be the same for the second retirement allowance and must not be changed or revoked, except as provided in chapter 36, part 6 of this title; (4) The member must not return to work temporarily in a position covered by the retirement system pursuant to chapter 36, part 8 of this title until the member retires from all positions covered by the retirement system; and (5) Consistent with §§ 8-36-203 and 8-36-303 , benefits paid under this subsection (f) that are based on service in a position other than a position covered under this section must be paid from the member's effective date of retirement, which may include retroactive payments.
(1) The member's retirement benefits are based on service and salary rendered in a position other than a position covered by this section;
(2) The member is not drawing disability retirement benefits under chapter 36, part 5 of this title;
(3) The member will continue to accrue salary and service credit while serving in a position covered under this section until the member's retirement from that position. Upon the retirement system's receipt of a request from the member, the member will receive a second retirement allowance based on the member's salary and service credit accrued in a position covered under this section; provided, that the member has separated from the position and is otherwise eligible for the retirement allowance. The retirement payment plan and beneficiary selected by the member on the retirement application from the other employment position must be the same for the second retirement allowance and must not be changed or revoked, except as provided in chapter 36, part 6 of this title;
(4) The member must not return to work temporarily in a position covered by the retirement system pursuant to chapter 36, part 8 of this title until the member retires from all positions covered by the retirement system; and
(5) Consistent with §§ 8-36-203 and 8-36-303 , benefits paid under this subsection (f) that are based on service in a position other than a position covered under this section must be paid from the member's effective date of retirement, which may include retroactive payments.
Amended by 2024 Tenn. Acts, ch. 544,s 1, eff. 3/7/2024.
Amended by 2014 Tenn. Acts, ch. 659, s 12, eff. 4/10/2014.
Amended by 2013 Tenn. Acts, ch. 296, s 10, eff. 4/29/2013.
Acts 1986, ch. 764, § 1; 1987, ch. 25, § 1; 1988, ch. 691, §§ 1-3; 1989, ch. 120, § 1; 2010 , ch. 777, § 20.
Tenn. Code Ann. § 8-35-203 — TN Code / Title 8 / Chapter 35 / Section 8-35-203
Membership of employees - Credit for prior service
Status: in_force

(a) (1) (A) Membership in the retirement system for employees of employers that are admitted as provided in this part shall be: (i) Optional for all employees in the service of the employer on the date the approval is given except as provided in subdivision (a)(1)(B); and (ii) Mandatory for all eligible employees entering the service of the employer thereafter. (B) (i) If the employer continues to maintain a preexisting pension plan that is closed to new membership on the date of the employer's participation date in the retirement system, the employer may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the retirement system; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the retirement system to maintain its status as a qualified plan under the Internal Revenue Code. (ii) The election to join the retirement system shall be in the manner prescribed by the retirement system and shall be filed with the retirement system. Any such election shall be irrevocable. (iii) Notwithstanding § 8-37-202 or any other law to the contrary, any employer described in subdivision (a)(1)(B)(i) shall set the employee contribution rate for its employees at the same rate as required under the employer's preexisting plan. The employer shall submit to the retirement system a duly executed adoption resolution as provided in § 8-35-201 prior to the employer's effective date of participation, which must be approved by the board of trustees. (2) Credit for such periods of previous service as shall be certified as creditable service by the employer for service rendered to the employer or its predecessor, or in any other capacity approved by the employer and the board, for which the employer is willing to make accrued liability contributions shall be credited to employees who meet all of the following conditions: (A) The employee must have been employed by the employer on the date the approval is given and continuously for the thirty (30) days immediately preceding that date; provided, that in the event the employee was not continuously employed by the employer from the period of previous service claimed through and including the date the approval is given, the employee must have been employed by the employer on the date the approval is given and continuously for the six (6) months immediately preceding or after that date; (B) The employee must have become a member of the retirement system within thirty (30) days after the approval is given; (C) The employee must pay whatever back contributions and interest is due to establish service authorized by the employer. Subject to subdivision (a)(2)(D), such payment may be funded in whole or in part from amounts transferred from any preexisting pension plan maintained on behalf of the employee by the employer, from other eligible retirement accounts as defined in § 8-37-220 , or from other funds available to the employee; and (D) (i) If the employer maintained a preexisting public employee retirement system as defined in § 8-35-111 on behalf of the employee during any period of the previous service authorized by the employer under this subdivision (a)(2), then the employee shall have six (6) months from the employer's participation date in the retirement system to elect to establish the previous service rendered while a participant in the preexisting plan by making the required payment and by forfeiting the employee's right to any employer contributions and interest thereon, and to any service credit in the preexisting plan if any part of the service credit was funded through contributions made by the employer; (ii) Any employee who fails to make the election provided for in subdivision (a)(2)(D)(i) shall not later be eligible to establish the previous service rendered while a participant in the preexisting plan. (3) After becoming a member, service by such employee for which contributions are made shall be considered creditable service. (b) (1) A participating political subdivision may allow any employee previously denied service credit due to advanced age to establish such service. The chief governing body may authorize this credit by passing a resolution and accepting the liability. (2) The employee may then establish such credit by making a lump sum payment of the contributions the employee would have made had the employee been a member of the system during the period claimed, plus interest at the rate provided for in § 8-37-214 . (c) An employee or elected or appointed official of this state or any political subdivision thereof who is convicted in any state or federal court of a felony arising out of the employee's or official's employment or official capacity constituting malfeasance in office shall forfeit that employee's or official's retirement benefits in accordance with § 8-35-124 . (d) (1) Notwithstanding any provision to the contrary, any current member of the consolidated retirement system who would have been eligible for service credit in the retirement system pursuant to § 8-35-226 , but was not in service with the local government on the date § 8-35-226 was adopted by the local government, may be eligible for retirement credit for such prior service at the option of the political subdivision for whom such prior service was rendered upon satisfying the following conditions: (A) The chief legislative body of such political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of such service credit; and (B) Following review of the cost of granting such service credit, the chief governing body of such political subdivision passes a resolution authorizing such service credit and accepting the liability for such credit. (2) Any service established shall be subject to the same limitations as contained in § 8-35-226 . Amended by 2016 Tenn. Acts, ch. 962, Secs.s 29, s 45 eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 421, s 17, eff. 5/8/2015. Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(2); Acts 1980, ch. 654, §§ 5, 6; 1982, ch. 771, §§ 4, 8; 1987, ch. 54, § 8; 1988, ch. 973, § 4; 1989, ch. 178, § 1; 1992, ch. 843, §§ 14-16; 1993, ch. 508, § 3; 2004, ch. 631, § 5; 2006, ch. 870, §§ 13, 14.
(a) (1) (A) Membership in the retirement system for employees of employers that are admitted as provided in this part shall be: (i) Optional for all employees in the service of the employer on the date the approval is given except as provided in subdivision (a)(1)(B); and (ii) Mandatory for all eligible employees entering the service of the employer thereafter. (B) (i) If the employer continues to maintain a preexisting pension plan that is closed to new membership on the date of the employer's participation date in the retirement system, the employer may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the retirement system; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the retirement system to maintain its status as a qualified plan under the Internal Revenue Code. (ii) The election to join the retirement system shall be in the manner prescribed by the retirement system and shall be filed with the retirement system. Any such election shall be irrevocable. (iii) Notwithstanding § 8-37-202 or any other law to the contrary, any employer described in subdivision (a)(1)(B)(i) shall set the employee contribution rate for its employees at the same rate as required under the employer's preexisting plan. The employer shall submit to the retirement system a duly executed adoption resolution as provided in § 8-35-201 prior to the employer's effective date of participation, which must be approved by the board of trustees. (2) Credit for such periods of previous service as shall be certified as creditable service by the employer for service rendered to the employer or its predecessor, or in any other capacity approved by the employer and the board, for which the employer is willing to make accrued liability contributions shall be credited to employees who meet all of the following conditions: (A) The employee must have been employed by the employer on the date the approval is given and continuously for the thirty (30) days immediately preceding that date; provided, that in the event the employee was not continuously employed by the employer from the period of previous service claimed through and including the date the approval is given, the employee must have been employed by the employer on the date the approval is given and continuously for the six (6) months immediately preceding or after that date; (B) The employee must have become a member of the retirement system within thirty (30) days after the approval is given; (C) The employee must pay whatever back contributions and interest is due to establish service authorized by the employer. Subject to subdivision (a)(2)(D), such payment may be funded in whole or in part from amounts transferred from any preexisting pension plan maintained on behalf of the employee by the employer, from other eligible retirement accounts as defined in § 8-37-220 , or from other funds available to the employee; and (D) (i) If the employer maintained a preexisting public employee retirement system as defined in § 8-35-111 on behalf of the employee during any period of the previous service authorized by the employer under this subdivision (a)(2), then the employee shall have six (6) months from the employer's participation date in the retirement system to elect to establish the previous service rendered while a participant in the preexisting plan by making the required payment and by forfeiting the employee's right to any employer contributions and interest thereon, and to any service credit in the preexisting plan if any part of the service credit was funded through contributions made by the employer; (ii) Any employee who fails to make the election provided for in subdivision (a)(2)(D)(i) shall not later be eligible to establish the previous service rendered while a participant in the preexisting plan. (3) After becoming a member, service by such employee for which contributions are made shall be considered creditable service.
(1) (A) Membership in the retirement system for employees of employers that are admitted as provided in this part shall be: (i) Optional for all employees in the service of the employer on the date the approval is given except as provided in subdivision (a)(1)(B); and (ii) Mandatory for all eligible employees entering the service of the employer thereafter. (B) (i) If the employer continues to maintain a preexisting pension plan that is closed to new membership on the date of the employer's participation date in the retirement system, the employer may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the retirement system; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the retirement system to maintain its status as a qualified plan under the Internal Revenue Code. (ii) The election to join the retirement system shall be in the manner prescribed by the retirement system and shall be filed with the retirement system. Any such election shall be irrevocable. (iii) Notwithstanding § 8-37-202 or any other law to the contrary, any employer described in subdivision (a)(1)(B)(i) shall set the employee contribution rate for its employees at the same rate as required under the employer's preexisting plan. The employer shall submit to the retirement system a duly executed adoption resolution as provided in § 8-35-201 prior to the employer's effective date of participation, which must be approved by the board of trustees.
(A) Membership in the retirement system for employees of employers that are admitted as provided in this part shall be: (i) Optional for all employees in the service of the employer on the date the approval is given except as provided in subdivision (a)(1)(B); and (ii) Mandatory for all eligible employees entering the service of the employer thereafter.
(i) Optional for all employees in the service of the employer on the date the approval is given except as provided in subdivision (a)(1)(B); and
(ii) Mandatory for all eligible employees entering the service of the employer thereafter.
(B) (i) If the employer continues to maintain a preexisting pension plan that is closed to new membership on the date of the employer's participation date in the retirement system, the employer may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the retirement system; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the retirement system to maintain its status as a qualified plan under the Internal Revenue Code. (ii) The election to join the retirement system shall be in the manner prescribed by the retirement system and shall be filed with the retirement system. Any such election shall be irrevocable. (iii) Notwithstanding § 8-37-202 or any other law to the contrary, any employer described in subdivision (a)(1)(B)(i) shall set the employee contribution rate for its employees at the same rate as required under the employer's preexisting plan. The employer shall submit to the retirement system a duly executed adoption resolution as provided in § 8-35-201 prior to the employer's effective date of participation, which must be approved by the board of trustees.
(i) If the employer continues to maintain a preexisting pension plan that is closed to new membership on the date of the employer's participation date in the retirement system, the employer may, by resolution duly adopted by its chief legislative body, authorize its current employees who participate in the preexisting plan the choice of maintaining membership in the preexisting plan or joining the retirement system; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the retirement system to maintain its status as a qualified plan under the Internal Revenue Code.
(ii) The election to join the retirement system shall be in the manner prescribed by the retirement system and shall be filed with the retirement system. Any such election shall be irrevocable.
(iii) Notwithstanding § 8-37-202 or any other law to the contrary, any employer described in subdivision (a)(1)(B)(i) shall set the employee contribution rate for its employees at the same rate as required under the employer's preexisting plan. The employer shall submit to the retirement system a duly executed adoption resolution as provided in § 8-35-201 prior to the employer's effective date of participation, which must be approved by the board of trustees.
(2) Credit for such periods of previous service as shall be certified as creditable service by the employer for service rendered to the employer or its predecessor, or in any other capacity approved by the employer and the board, for which the employer is willing to make accrued liability contributions shall be credited to employees who meet all of the following conditions: (A) The employee must have been employed by the employer on the date the approval is given and continuously for the thirty (30) days immediately preceding that date; provided, that in the event the employee was not continuously employed by the employer from the period of previous service claimed through and including the date the approval is given, the employee must have been employed by the employer on the date the approval is given and continuously for the six (6) months immediately preceding or after that date; (B) The employee must have become a member of the retirement system within thirty (30) days after the approval is given; (C) The employee must pay whatever back contributions and interest is due to establish service authorized by the employer. Subject to subdivision (a)(2)(D), such payment may be funded in whole or in part from amounts transferred from any preexisting pension plan maintained on behalf of the employee by the employer, from other eligible retirement accounts as defined in § 8-37-220 , or from other funds available to the employee; and (D) (i) If the employer maintained a preexisting public employee retirement system as defined in § 8-35-111 on behalf of the employee during any period of the previous service authorized by the employer under this subdivision (a)(2), then the employee shall have six (6) months from the employer's participation date in the retirement system to elect to establish the previous service rendered while a participant in the preexisting plan by making the required payment and by forfeiting the employee's right to any employer contributions and interest thereon, and to any service credit in the preexisting plan if any part of the service credit was funded through contributions made by the employer; (ii) Any employee who fails to make the election provided for in subdivision (a)(2)(D)(i) shall not later be eligible to establish the previous service rendered while a participant in the preexisting plan.
(A) The employee must have been employed by the employer on the date the approval is given and continuously for the thirty (30) days immediately preceding that date; provided, that in the event the employee was not continuously employed by the employer from the period of previous service claimed through and including the date the approval is given, the employee must have been employed by the employer on the date the approval is given and continuously for the six (6) months immediately preceding or after that date;
(B) The employee must have become a member of the retirement system within thirty (30) days after the approval is given;
(C) The employee must pay whatever back contributions and interest is due to establish service authorized by the employer. Subject to subdivision (a)(2)(D), such payment may be funded in whole or in part from amounts transferred from any preexisting pension plan maintained on behalf of the employee by the employer, from other eligible retirement accounts as defined in § 8-37-220 , or from other funds available to the employee; and
(D) (i) If the employer maintained a preexisting public employee retirement system as defined in § 8-35-111 on behalf of the employee during any period of the previous service authorized by the employer under this subdivision (a)(2), then the employee shall have six (6) months from the employer's participation date in the retirement system to elect to establish the previous service rendered while a participant in the preexisting plan by making the required payment and by forfeiting the employee's right to any employer contributions and interest thereon, and to any service credit in the preexisting plan if any part of the service credit was funded through contributions made by the employer; (ii) Any employee who fails to make the election provided for in subdivision (a)(2)(D)(i) shall not later be eligible to establish the previous service rendered while a participant in the preexisting plan.
(i) If the employer maintained a preexisting public employee retirement system as defined in § 8-35-111 on behalf of the employee during any period of the previous service authorized by the employer under this subdivision (a)(2), then the employee shall have six (6) months from the employer's participation date in the retirement system to elect to establish the previous service rendered while a participant in the preexisting plan by making the required payment and by forfeiting the employee's right to any employer contributions and interest thereon, and to any service credit in the preexisting plan if any part of the service credit was funded through contributions made by the employer;
(ii) Any employee who fails to make the election provided for in subdivision (a)(2)(D)(i) shall not later be eligible to establish the previous service rendered while a participant in the preexisting plan.
(3) After becoming a member, service by such employee for which contributions are made shall be considered creditable service.
(b) (1) A participating political subdivision may allow any employee previously denied service credit due to advanced age to establish such service. The chief governing body may authorize this credit by passing a resolution and accepting the liability. (2) The employee may then establish such credit by making a lump sum payment of the contributions the employee would have made had the employee been a member of the system during the period claimed, plus interest at the rate provided for in § 8-37-214 .
(1) A participating political subdivision may allow any employee previously denied service credit due to advanced age to establish such service. The chief governing body may authorize this credit by passing a resolution and accepting the liability.
(2) The employee may then establish such credit by making a lump sum payment of the contributions the employee would have made had the employee been a member of the system during the period claimed, plus interest at the rate provided for in § 8-37-214 .
(c) An employee or elected or appointed official of this state or any political subdivision thereof who is convicted in any state or federal court of a felony arising out of the employee's or official's employment or official capacity constituting malfeasance in office shall forfeit that employee's or official's retirement benefits in accordance with § 8-35-124 .
(d) (1) Notwithstanding any provision to the contrary, any current member of the consolidated retirement system who would have been eligible for service credit in the retirement system pursuant to § 8-35-226 , but was not in service with the local government on the date § 8-35-226 was adopted by the local government, may be eligible for retirement credit for such prior service at the option of the political subdivision for whom such prior service was rendered upon satisfying the following conditions: (A) The chief legislative body of such political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of such service credit; and (B) Following review of the cost of granting such service credit, the chief governing body of such political subdivision passes a resolution authorizing such service credit and accepting the liability for such credit. (2) Any service established shall be subject to the same limitations as contained in § 8-35-226 .
(1) Notwithstanding any provision to the contrary, any current member of the consolidated retirement system who would have been eligible for service credit in the retirement system pursuant to § 8-35-226 , but was not in service with the local government on the date § 8-35-226 was adopted by the local government, may be eligible for retirement credit for such prior service at the option of the political subdivision for whom such prior service was rendered upon satisfying the following conditions: (A) The chief legislative body of such political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of such service credit; and (B) Following review of the cost of granting such service credit, the chief governing body of such political subdivision passes a resolution authorizing such service credit and accepting the liability for such credit.
(A) The chief legislative body of such political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of such service credit; and
(B) Following review of the cost of granting such service credit, the chief governing body of such political subdivision passes a resolution authorizing such service credit and accepting the liability for such credit.
(2) Any service established shall be subject to the same limitations as contained in § 8-35-226 .
Amended by 2016 Tenn. Acts, ch. 962, Secs.s 29, s 45 eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 421, s 17, eff. 5/8/2015.
Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(2); Acts 1980, ch. 654, §§ 5, 6; 1982, ch. 771, §§ 4, 8; 1987, ch. 54, § 8; 1988, ch. 973, § 4; 1989, ch. 178, § 1; 1992, ch. 843, §§ 14-16; 1993, ch. 508, § 3; 2004, ch. 631, § 5; 2006, ch. 870, §§ 13, 14.
Tenn. Code Ann. § 8-36-212 — TN Code / Title 8 / Chapter 36 / Section 8-36-212
Hazardous duty supplemental benefit - Eligibility - Benefit calculation - Adjustment of benefits - Section definitions
Status: in_force

(a) Notwithstanding another law to the contrary, members employed as public safety officers are eligible to receive a hazardous duty supplemental benefit in addition to the member's retirement allowance if: (1) The member meets the eligibility requirements for retirement; (2) The member has at least twenty (20) years of creditable service in the retirement system as a public safety officer; (3) The member retires on a service retirement allowance or early service retirement allowance pursuant to this chapter, and does not retire under disability retirement pursuant to part 5 of this chapter; (4) The chief governing body of the political subdivision passes a resolution authorizing an actuarial study to determine the liability associated with providing the hazardous duty supplemental benefit and accepting responsibility for the costs of the study; (5) Following receipt of the actuarial study, the governing body of the political subdivision passes a resolution authorizing the supplemental benefit and accepting the liability for the benefit; provided, however, the political subdivision shall not establish the supplemental benefit unless the political subdivision's funded status in the retirement system will be at least seventy percent (70%) after implementation of the supplemental benefit as defined and otherwise provided for in § 8-35-206(i)(1) . All costs associated with providing the supplemental benefit must be paid by the political subdivision and not the state; and (6) After authorizing the supplemental benefit, the political subdivision pays the estimated increased pension liability through one (1) of the following methods: (A) A lump sum; (B) An increase in the employer's contribution rate over the course of the fiscal year (July 1 - June 30) following the adoption of the authorizing resolution; or (C) Amortizing the unfunded accrued liability over a period of time not to exceed ten (10) years from the date of the adoption of the resolution. (b) The hazardous duty supplemental benefit is calculated as follows: (1) For any such member retiring on a service retirement allowance, the hazardous duty supplemental benefit is equal to three-eighths of one percent (0.375%) of the member's average final compensation multiplied by the member's years of creditable service as a public safety officer with a political subdivision that has adopted the hazardous duty supplemental benefit; (2) For any such member participating in the legacy plan retiring on an early service retirement allowance pursuant to § 8-36-301 , the hazardous duty supplemental benefit is computed in accordance with subdivision (b)(1), but is reduced by four-tenths of one percent (0.4%) for each month by which the member's date of early service retirement precedes the member's service retirement date; and (3) For any such member participating in the alternate defined benefit plan pursuant to § 8-35-255 , hybrid plan pursuant to § 8-35-256 , or the hybrid retirement plan for state employees and teachers pursuant to chapter 36, part 9 of this title retiring on an early service retirement allowance, the hazardous duty supplemental benefit is computed in accordance with subdivision (b)(1), but is reduced by an actuarially determined factor as set by the board from time to time. (c) A retired member covered by this section is entitled to receive an adjustment in the retiree's hazardous duty supplemental benefit pursuant to § 8-36-701 , except as otherwise provided in § 8-36-922 . Any such adjustment to the hazardous duty supplemental benefit is computed separately from the member's service retirement allowance. (d) Sections 8-36-102 , 8-36-208(a) , 8-35-225(h) , 8-35-256(h) , and 8-36-908 do not reduce or eliminate the supplemental benefit provided by this section, and the supplemental benefit must not be reduced as a result of any optional retirement allowance selected by the member pursuant to § 8-36-601 . (e) The hazardous duty supplemental benefit begins on the member's effective date of retirement or on the first day of the month following the month the member reaches age sixty (60), whichever is later. (f) The hazardous duty supplemental benefit, including any cost-of-living adjustments attributable to that benefit, ceases on the first day of the month following the month in which the member dies, or on the first day of the month following the month in which the member reaches full retirement age for receipt of old age and survivors benefits under Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ). (g) The hazardous duty supplemental benefit provided by this section applies to all current and future retired members who meet the eligibility criteria for the supplemental benefit; provided, that the benefit must not be paid retroactively. (h) For the purposes of this section, the term "public safety officer" means a full-time, salaried employee of a political subdivision who is a sheriff, sheriff's deputy, police officer, chief of police, or any other law enforcement officer with the political subdivision whose primary responsibility is the prevention and detection of crime and apprehension of offenders. The term "public safety officer" for purposes of this section also means a full-time, salaried employee of a political subdivision who is a correctional officer or firefighter. Added by 2024 Tenn. Acts, ch. 919,s 1, eff. 1/1/2025.
(a) Notwithstanding another law to the contrary, members employed as public safety officers are eligible to receive a hazardous duty supplemental benefit in addition to the member's retirement allowance if: (1) The member meets the eligibility requirements for retirement; (2) The member has at least twenty (20) years of creditable service in the retirement system as a public safety officer; (3) The member retires on a service retirement allowance or early service retirement allowance pursuant to this chapter, and does not retire under disability retirement pursuant to part 5 of this chapter; (4) The chief governing body of the political subdivision passes a resolution authorizing an actuarial study to determine the liability associated with providing the hazardous duty supplemental benefit and accepting responsibility for the costs of the study; (5) Following receipt of the actuarial study, the governing body of the political subdivision passes a resolution authorizing the supplemental benefit and accepting the liability for the benefit; provided, however, the political subdivision shall not establish the supplemental benefit unless the political subdivision's funded status in the retirement system will be at least seventy percent (70%) after implementation of the supplemental benefit as defined and otherwise provided for in § 8-35-206(i)(1) . All costs associated with providing the supplemental benefit must be paid by the political subdivision and not the state; and (6) After authorizing the supplemental benefit, the political subdivision pays the estimated increased pension liability through one (1) of the following methods: (A) A lump sum; (B) An increase in the employer's contribution rate over the course of the fiscal year (July 1 - June 30) following the adoption of the authorizing resolution; or (C) Amortizing the unfunded accrued liability over a period of time not to exceed ten (10) years from the date of the adoption of the resolution.
(1) The member meets the eligibility requirements for retirement;
(2) The member has at least twenty (20) years of creditable service in the retirement system as a public safety officer;
(3) The member retires on a service retirement allowance or early service retirement allowance pursuant to this chapter, and does not retire under disability retirement pursuant to part 5 of this chapter;
(4) The chief governing body of the political subdivision passes a resolution authorizing an actuarial study to determine the liability associated with providing the hazardous duty supplemental benefit and accepting responsibility for the costs of the study;
(5) Following receipt of the actuarial study, the governing body of the political subdivision passes a resolution authorizing the supplemental benefit and accepting the liability for the benefit; provided, however, the political subdivision shall not establish the supplemental benefit unless the political subdivision's funded status in the retirement system will be at least seventy percent (70%) after implementation of the supplemental benefit as defined and otherwise provided for in § 8-35-206(i)(1) . All costs associated with providing the supplemental benefit must be paid by the political subdivision and not the state; and
(6) After authorizing the supplemental benefit, the political subdivision pays the estimated increased pension liability through one (1) of the following methods: (A) A lump sum; (B) An increase in the employer's contribution rate over the course of the fiscal year (July 1 - June 30) following the adoption of the authorizing resolution; or (C) Amortizing the unfunded accrued liability over a period of time not to exceed ten (10) years from the date of the adoption of the resolution.
(A) A lump sum;
(B) An increase in the employer's contribution rate over the course of the fiscal year (July 1 - June 30) following the adoption of the authorizing resolution; or
(C) Amortizing the unfunded accrued liability over a period of time not to exceed ten (10) years from the date of the adoption of the resolution.
(b) The hazardous duty supplemental benefit is calculated as follows: (1) For any such member retiring on a service retirement allowance, the hazardous duty supplemental benefit is equal to three-eighths of one percent (0.375%) of the member's average final compensation multiplied by the member's years of creditable service as a public safety officer with a political subdivision that has adopted the hazardous duty supplemental benefit; (2) For any such member participating in the legacy plan retiring on an early service retirement allowance pursuant to § 8-36-301 , the hazardous duty supplemental benefit is computed in accordance with subdivision (b)(1), but is reduced by four-tenths of one percent (0.4%) for each month by which the member's date of early service retirement precedes the member's service retirement date; and (3) For any such member participating in the alternate defined benefit plan pursuant to § 8-35-255 , hybrid plan pursuant to § 8-35-256 , or the hybrid retirement plan for state employees and teachers pursuant to chapter 36, part 9 of this title retiring on an early service retirement allowance, the hazardous duty supplemental benefit is computed in accordance with subdivision (b)(1), but is reduced by an actuarially determined factor as set by the board from time to time.
(1) For any such member retiring on a service retirement allowance, the hazardous duty supplemental benefit is equal to three-eighths of one percent (0.375%) of the member's average final compensation multiplied by the member's years of creditable service as a public safety officer with a political subdivision that has adopted the hazardous duty supplemental benefit;
(2) For any such member participating in the legacy plan retiring on an early service retirement allowance pursuant to § 8-36-301 , the hazardous duty supplemental benefit is computed in accordance with subdivision (b)(1), but is reduced by four-tenths of one percent (0.4%) for each month by which the member's date of early service retirement precedes the member's service retirement date; and
(3) For any such member participating in the alternate defined benefit plan pursuant to § 8-35-255 , hybrid plan pursuant to § 8-35-256 , or the hybrid retirement plan for state employees and teachers pursuant to chapter 36, part 9 of this title retiring on an early service retirement allowance, the hazardous duty supplemental benefit is computed in accordance with subdivision (b)(1), but is reduced by an actuarially determined factor as set by the board from time to time.
(c) A retired member covered by this section is entitled to receive an adjustment in the retiree's hazardous duty supplemental benefit pursuant to § 8-36-701 , except as otherwise provided in § 8-36-922 . Any such adjustment to the hazardous duty supplemental benefit is computed separately from the member's service retirement allowance.
(d) Sections 8-36-102 , 8-36-208(a) , 8-35-225(h) , 8-35-256(h) , and 8-36-908 do not reduce or eliminate the supplemental benefit provided by this section, and the supplemental benefit must not be reduced as a result of any optional retirement allowance selected by the member pursuant to § 8-36-601 .
(e) The hazardous duty supplemental benefit begins on the member's effective date of retirement or on the first day of the month following the month the member reaches age sixty (60), whichever is later.
(f) The hazardous duty supplemental benefit, including any cost-of-living adjustments attributable to that benefit, ceases on the first day of the month following the month in which the member dies, or on the first day of the month following the month in which the member reaches full retirement age for receipt of old age and survivors benefits under Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ).
(g) The hazardous duty supplemental benefit provided by this section applies to all current and future retired members who meet the eligibility criteria for the supplemental benefit; provided, that the benefit must not be paid retroactively.
(h) For the purposes of this section, the term "public safety officer" means a full-time, salaried employee of a political subdivision who is a sheriff, sheriff's deputy, police officer, chief of police, or any other law enforcement officer with the political subdivision whose primary responsibility is the prevention and detection of crime and apprehension of offenders. The term "public safety officer" for purposes of this section also means a full-time, salaried employee of a political subdivision who is a correctional officer or firefighter.
Added by 2024 Tenn. Acts, ch. 919,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 8-25-302 — TN Code / Title 8 / Chapter 25 / Section 8-25-302
"Profit" defined
Status: in_force

As used in this part, "profit" means the excess revenue over expenditures prior to the expenditure of the amount which may be optionally made available for employees in cash or placed in trust by the state on behalf of the employees under the plan. Acts 1982, ch. 680, § 1.
As used in this part, "profit" means the excess revenue over expenditures prior to the expenditure of the amount which may be optionally made available for employees in cash or placed in trust by the state on behalf of the employees under the plan.
Acts 1982, ch. 680, § 1.
Tenn. Code Ann. § 8-35-114 — TN Code / Title 8 / Chapter 35 / Section 8-35-114
Classification and membership rights to continue as long as member remains in position for which rights originated
Status: in_force

The classification and membership rights of any member or prior class member of the retirement system shall continue in force without interruption and remain applicable as long as such member remains in a position for which such classification originated. Acts 1976, ch. 816, § 5; T.C.A., § 8-3903(11); Acts 1980, ch. 654, § 6.
The classification and membership rights of any member or prior class member of the retirement system shall continue in force without interruption and remain applicable as long as such member remains in a position for which such classification originated.
Acts 1976, ch. 816, § 5; T.C.A., § 8-3903(11); Acts 1980, ch. 654, § 6.
Tenn. Code Ann. § 8-3-201 — TN Code / Title 8 / Chapter 3 / Section 8-3-201
Private or local acts - Transmission to local body or agency for approval
Status: in_force

It is the duty of the secretary of state to send promptly by registered or certified mail, with return receipt requested, a certified copy of every act which requires a notification of the secretary of state pursuant to § 8-3-205 passed by the general assembly, which is private or local in form or effect, to the presiding officer of the body having jurisdiction to approve or disapprove the act if, in the effective date, the act provides for such action by the local legislative body, or to the chair of the county election commission if, in the effective date, the act provides for approval or disapproval in an election. The secretary of state, in a separate communication with each such act, shall call attention to the time limit for local action, either as provided in the act itself or as provided in § 8-3-202 . Acts 1957, ch. 379, § 1; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 754, § 8; T.C.A., § 8-308; Acts 2010 , ch. 758, § 2.
It is the duty of the secretary of state to send promptly by registered or certified mail, with return receipt requested, a certified copy of every act which requires a notification of the secretary of state pursuant to § 8-3-205 passed by the general assembly, which is private or local in form or effect, to the presiding officer of the body having jurisdiction to approve or disapprove the act if, in the effective date, the act provides for such action by the local legislative body, or to the chair of the county election commission if, in the effective date, the act provides for approval or disapproval in an election. The secretary of state, in a separate communication with each such act, shall call attention to the time limit for local action, either as provided in the act itself or as provided in § 8-3-202 .
Acts 1957, ch. 379, § 1; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 754, § 8; T.C.A., § 8-308; Acts 2010 , ch. 758, § 2.
Tenn. Code Ann. § 8-44-107 — TN Code / Title 8 / Chapter 44 / Section 8-44-107
Board of directors of Performing Arts Center Management Corporation
Status: in_force

The board of directors of the Tennessee Performing Arts Center Management Corporation shall be subject to, and shall in all respects comply with, all of the provisions made applicable to governing bodies by this chapter. Acts 1981, ch. 375, § 1.
The board of directors of the Tennessee Performing Arts Center Management Corporation shall be subject to, and shall in all respects comply with, all of the provisions made applicable to governing bodies by this chapter.
Acts 1981, ch. 375, § 1.
Tenn. Code Ann. § 8-35-248 — TN Code / Title 8 / Chapter 35 / Section 8-35-248
Membership of separate local governmental entities - Actuarial study
Status: in_force

(a) Except as otherwise expressly provided by law, should any department, agency, or instrumentality of a participating political subdivision become a separate local governmental entity from the political subdivision, the employees of such entity are not entitled to future membership in the retirement system on account of continued service with the entity unless the chief governing body of the entity elects to become a participating employer pursuant to § 8-35-201 . (b) Upon such election, the chief governing body of the political subdivision may request the retirement system to have an actuarial study conducted to determine the share of the assets of the retirement system attributable to contributions of the political subdivision that would be needed for the entity to maintain a comparable employer contribution rate or funding level as the political subdivision as of the date of separation. Upon receipt of the actuarial study, the chief governing body of the political subdivision has the authority to pass and file with the retirement system a resolution requesting that such amount be transferred from the credit of the political subdivision to the entity. (c) (1) The chief governing body of the political subdivision may also request the retirement system to have an actuarial study conducted, at the political subdivision's expense, to determine the share of the assets of the retirement system and associated liabilities attributable to the new political subdivision for the time period before or after a department, agency, or instrumentality of the political subdivision became a separate governmental entity participating in the retirement system. (2) The actuarial study must calculate the political subdivision's pension liability for this period of time based on the following factors: (A) Review of assets and liabilities; (B) Member creditable service; (C) Demographics and salaries; (D) Required and optional plan provisions; (E) Contributions made; (F) Investment earnings; and (G) Any other factors that will assist in determining the political subdivision's pension obligations before a part of it became a separate entity. (3) Based on the results of the actuarial study, the political subdivision and the entity, in consultation with the actuary, may determine payment of the entity's pension liabilities using all, any one (1), or a combination of the factors contained in the actuarial study. The actuary shall compare this calculation to the new entity's assets, liabilities, and the structure and solvency of any of its other pension plans. (4) Upon receipt of the actuarial study, the chief governing bodies of the political subdivision and the entity have the authority to pass and file with the retirement system resolutions, acceptable to the retirement system in both form and substance, requesting that all or a portion of the assets and the liabilities associated thereto contributed by the political subdivision to fund the pension liability that was accrued while the entity was a part of the political subdivision, be transferred from the retirement system account of the political subdivision to the retirement system account of the new entity. Such transfer must include some or all of the assets with the associated liabilities which may include, without limitation, employer contributions or investment earnings. (5) Prior to the transfer of some or all of the assets and the associated liabilities from the political subdivision to the new governmental entity, the state treasurer may approve such a request if the political subdivision demonstrates that such a transfer would not negatively impact the long-term solvency of the entity. The state treasurer may require the political subdivision and the entity to provide documentation, including, but not limited to, financial statements, actuarial assessments, and an opinion of an independent actuary. (d) Any amounts transferred pursuant to this section are considered retirement system assets of the new governmental entity pursuant to chapters 34-37 of this title, and shall not be used for any other purposes. Amended by 2021 Tenn. Acts, ch. 156, s 1, eff. 4/20/2021. Acts 2000, ch. 590, § 7.
(a) Except as otherwise expressly provided by law, should any department, agency, or instrumentality of a participating political subdivision become a separate local governmental entity from the political subdivision, the employees of such entity are not entitled to future membership in the retirement system on account of continued service with the entity unless the chief governing body of the entity elects to become a participating employer pursuant to § 8-35-201 .
(b) Upon such election, the chief governing body of the political subdivision may request the retirement system to have an actuarial study conducted to determine the share of the assets of the retirement system attributable to contributions of the political subdivision that would be needed for the entity to maintain a comparable employer contribution rate or funding level as the political subdivision as of the date of separation. Upon receipt of the actuarial study, the chief governing body of the political subdivision has the authority to pass and file with the retirement system a resolution requesting that such amount be transferred from the credit of the political subdivision to the entity.
(c) (1) The chief governing body of the political subdivision may also request the retirement system to have an actuarial study conducted, at the political subdivision's expense, to determine the share of the assets of the retirement system and associated liabilities attributable to the new political subdivision for the time period before or after a department, agency, or instrumentality of the political subdivision became a separate governmental entity participating in the retirement system. (2) The actuarial study must calculate the political subdivision's pension liability for this period of time based on the following factors: (A) Review of assets and liabilities; (B) Member creditable service; (C) Demographics and salaries; (D) Required and optional plan provisions; (E) Contributions made; (F) Investment earnings; and (G) Any other factors that will assist in determining the political subdivision's pension obligations before a part of it became a separate entity. (3) Based on the results of the actuarial study, the political subdivision and the entity, in consultation with the actuary, may determine payment of the entity's pension liabilities using all, any one (1), or a combination of the factors contained in the actuarial study. The actuary shall compare this calculation to the new entity's assets, liabilities, and the structure and solvency of any of its other pension plans. (4) Upon receipt of the actuarial study, the chief governing bodies of the political subdivision and the entity have the authority to pass and file with the retirement system resolutions, acceptable to the retirement system in both form and substance, requesting that all or a portion of the assets and the liabilities associated thereto contributed by the political subdivision to fund the pension liability that was accrued while the entity was a part of the political subdivision, be transferred from the retirement system account of the political subdivision to the retirement system account of the new entity. Such transfer must include some or all of the assets with the associated liabilities which may include, without limitation, employer contributions or investment earnings. (5) Prior to the transfer of some or all of the assets and the associated liabilities from the political subdivision to the new governmental entity, the state treasurer may approve such a request if the political subdivision demonstrates that such a transfer would not negatively impact the long-term solvency of the entity. The state treasurer may require the political subdivision and the entity to provide documentation, including, but not limited to, financial statements, actuarial assessments, and an opinion of an independent actuary.
(1) The chief governing body of the political subdivision may also request the retirement system to have an actuarial study conducted, at the political subdivision's expense, to determine the share of the assets of the retirement system and associated liabilities attributable to the new political subdivision for the time period before or after a department, agency, or instrumentality of the political subdivision became a separate governmental entity participating in the retirement system.
(2) The actuarial study must calculate the political subdivision's pension liability for this period of time based on the following factors: (A) Review of assets and liabilities; (B) Member creditable service; (C) Demographics and salaries; (D) Required and optional plan provisions; (E) Contributions made; (F) Investment earnings; and (G) Any other factors that will assist in determining the political subdivision's pension obligations before a part of it became a separate entity.
(A) Review of assets and liabilities;
(B) Member creditable service;
(C) Demographics and salaries;
(D) Required and optional plan provisions;
(E) Contributions made;
(F) Investment earnings; and
(G) Any other factors that will assist in determining the political subdivision's pension obligations before a part of it became a separate entity.
(3) Based on the results of the actuarial study, the political subdivision and the entity, in consultation with the actuary, may determine payment of the entity's pension liabilities using all, any one (1), or a combination of the factors contained in the actuarial study. The actuary shall compare this calculation to the new entity's assets, liabilities, and the structure and solvency of any of its other pension plans.
(4) Upon receipt of the actuarial study, the chief governing bodies of the political subdivision and the entity have the authority to pass and file with the retirement system resolutions, acceptable to the retirement system in both form and substance, requesting that all or a portion of the assets and the liabilities associated thereto contributed by the political subdivision to fund the pension liability that was accrued while the entity was a part of the political subdivision, be transferred from the retirement system account of the political subdivision to the retirement system account of the new entity. Such transfer must include some or all of the assets with the associated liabilities which may include, without limitation, employer contributions or investment earnings.
(5) Prior to the transfer of some or all of the assets and the associated liabilities from the political subdivision to the new governmental entity, the state treasurer may approve such a request if the political subdivision demonstrates that such a transfer would not negatively impact the long-term solvency of the entity. The state treasurer may require the political subdivision and the entity to provide documentation, including, but not limited to, financial statements, actuarial assessments, and an opinion of an independent actuary.
(d) Any amounts transferred pursuant to this section are considered retirement system assets of the new governmental entity pursuant to chapters 34-37 of this title, and shall not be used for any other purposes.
Amended by 2021 Tenn. Acts, ch. 156, s 1, eff. 4/20/2021.
Acts 2000, ch. 590, § 7.
Tenn. Code Ann. § 8-36-811 — TN Code / Title 8 / Chapter 36 / Section 8-36-811
Reemployment as emergency medical services employee after retirement[Repealed effective 6/30/2025]
Status: repealed

(a) As used in this section, "emergency medical services employee" means an individual who is licensed pursuant to the Emergency Medical Services Act of 1983, compiled in title 68, chapter 140, part 3, to provide emergency medical services, as defined in § 68-140-302 . (b) Notwithstanding another law to the contrary, a retired member of the Tennessee consolidated retirement system or of a superseded system, or of a local retirement fund established pursuant to chapter 35, part 3 of this title, may be reemployed in a position covered by the retirement system as an emergency medical services employee without the loss or suspension of the retired member's Tennessee consolidated retirement system benefits, if: (1) The retired member, as of the date of reemployment, possesses a current, valid license issued by the emergency medical services board through the department of health to provide emergency medical services; (2) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement; (3) During the reemployment, the retirement benefit payable to the retired member is reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive; (4) The retired member's reemployment does not exceed one (1) year; however, the retired member may be reemployed for additional one-year periods as long as the conditions contained in this section are met for each period of reemployment; (5) To fund the liability created by this section, the retired member's new employer pays to the Tennessee consolidated retirement system during each period of reemployment the greater of: (A) A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or (B) An amount equal to five percent (5%) of the retired member's pay rate; (6) The retired member does not accrue additional retirement benefits as a result of the member's reemployment; (7) Upon the reemployment of the retired member, the retired member's new employer: (A) Notifies the retirement system of the member's reemployment with documents or information required by the retirement system; and (B) Certifies in writing to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified persons are available to fill the position; and (8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title. (c) This section is repealed on June 30, 2025. Added by 2022 Tenn. Acts, ch. 827, s 1, eff. 7/1/2022.
(a) As used in this section, "emergency medical services employee" means an individual who is licensed pursuant to the Emergency Medical Services Act of 1983, compiled in title 68, chapter 140, part 3, to provide emergency medical services, as defined in § 68-140-302 .
(b) Notwithstanding another law to the contrary, a retired member of the Tennessee consolidated retirement system or of a superseded system, or of a local retirement fund established pursuant to chapter 35, part 3 of this title, may be reemployed in a position covered by the retirement system as an emergency medical services employee without the loss or suspension of the retired member's Tennessee consolidated retirement system benefits, if: (1) The retired member, as of the date of reemployment, possesses a current, valid license issued by the emergency medical services board through the department of health to provide emergency medical services; (2) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement; (3) During the reemployment, the retirement benefit payable to the retired member is reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive; (4) The retired member's reemployment does not exceed one (1) year; however, the retired member may be reemployed for additional one-year periods as long as the conditions contained in this section are met for each period of reemployment; (5) To fund the liability created by this section, the retired member's new employer pays to the Tennessee consolidated retirement system during each period of reemployment the greater of: (A) A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or (B) An amount equal to five percent (5%) of the retired member's pay rate; (6) The retired member does not accrue additional retirement benefits as a result of the member's reemployment; (7) Upon the reemployment of the retired member, the retired member's new employer: (A) Notifies the retirement system of the member's reemployment with documents or information required by the retirement system; and (B) Certifies in writing to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified persons are available to fill the position; and (8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title.
(1) The retired member, as of the date of reemployment, possesses a current, valid license issued by the emergency medical services board through the department of health to provide emergency medical services;
(2) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement;
(3) During the reemployment, the retirement benefit payable to the retired member is reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive;
(4) The retired member's reemployment does not exceed one (1) year; however, the retired member may be reemployed for additional one-year periods as long as the conditions contained in this section are met for each period of reemployment;
(5) To fund the liability created by this section, the retired member's new employer pays to the Tennessee consolidated retirement system during each period of reemployment the greater of: (A) A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or (B) An amount equal to five percent (5%) of the retired member's pay rate;
(A) A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or
(B) An amount equal to five percent (5%) of the retired member's pay rate;
(6) The retired member does not accrue additional retirement benefits as a result of the member's reemployment;
(7) Upon the reemployment of the retired member, the retired member's new employer: (A) Notifies the retirement system of the member's reemployment with documents or information required by the retirement system; and (B) Certifies in writing to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified persons are available to fill the position; and
(A) Notifies the retirement system of the member's reemployment with documents or information required by the retirement system; and
(B) Certifies in writing to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified persons are available to fill the position; and
(8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title.
(c) This section is repealed on June 30, 2025.
Added by 2022 Tenn. Acts, ch. 827, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 8-36-113 — TN Code / Title 8 / Chapter 36 / Section 8-36-113
Withholding of payment of contributions or monthly benefit under certain circumstances - Satisfaction of claims of state against terminated member upon application for withdrawal of contributions
Status: in_force

(a) Notwithstanding § 8-36-111 , the board may withhold payment of a member's accumulated contributions and interest or monthly benefit upon: (1) The filing of criminal charges or a civil suit against a member relating to the member's employment with an employer; (2) An audit finding from the comptroller of the treasury relating to the member's employment with an employer; or (3) An affidavit submitted by the employer to the director of the retirement system containing the employee's actions that the employer asserts could constitute a crime. (b) The board may withhold payment of the member's contributions and interest or monthly benefit until such time as the charges have been dismissed or the charges have resulted in a determination that the member owes money to the employer. Should a member not be charged criminally or civilly, the member may appeal the decision to withhold the member's accumulated contributions and earnings or monthly benefit based on an audit finding or affidavit by submitting an appeal request to the director of the retirement system. (c) If the service of any member is terminated, for any reason, and such member is found to owe money to an employer participating in the retirement system, the employer shall be entitled to claim from the member's accumulated contributions such amounts as are owed to the employer upon the application to withdraw the member's accumulated contributions. The claim shall be made in writing to the director of the retirement system by the appropriate party of the employer involved and must specify the reason for the claim and the amount involved. After the employer's claim is satisfied from the contributions, the member may withdraw any portion of the member's remaining contributions. (d) Should the member elect not to withdraw the accumulated contributions, no claim on the contributions shall be enforceable under this section. Amended by 2015 Tenn. Acts, ch. 421, s 6, eff. 5/8/2015. Acts 1979, ch. 320, § 11; T.C.A., § 8-3944.
(a) Notwithstanding § 8-36-111 , the board may withhold payment of a member's accumulated contributions and interest or monthly benefit upon: (1) The filing of criminal charges or a civil suit against a member relating to the member's employment with an employer; (2) An audit finding from the comptroller of the treasury relating to the member's employment with an employer; or (3) An affidavit submitted by the employer to the director of the retirement system containing the employee's actions that the employer asserts could constitute a crime.
(1) The filing of criminal charges or a civil suit against a member relating to the member's employment with an employer;
(2) An audit finding from the comptroller of the treasury relating to the member's employment with an employer; or
(3) An affidavit submitted by the employer to the director of the retirement system containing the employee's actions that the employer asserts could constitute a crime.
(b) The board may withhold payment of the member's contributions and interest or monthly benefit until such time as the charges have been dismissed or the charges have resulted in a determination that the member owes money to the employer. Should a member not be charged criminally or civilly, the member may appeal the decision to withhold the member's accumulated contributions and earnings or monthly benefit based on an audit finding or affidavit by submitting an appeal request to the director of the retirement system.
(c) If the service of any member is terminated, for any reason, and such member is found to owe money to an employer participating in the retirement system, the employer shall be entitled to claim from the member's accumulated contributions such amounts as are owed to the employer upon the application to withdraw the member's accumulated contributions. The claim shall be made in writing to the director of the retirement system by the appropriate party of the employer involved and must specify the reason for the claim and the amount involved. After the employer's claim is satisfied from the contributions, the member may withdraw any portion of the member's remaining contributions.
(d) Should the member elect not to withdraw the accumulated contributions, no claim on the contributions shall be enforceable under this section.
Amended by 2015 Tenn. Acts, ch. 421, s 6, eff. 5/8/2015.
Acts 1979, ch. 320, § 11; T.C.A., § 8-3944.
Tenn. Code Ann. § 8-27-801 — TN Code / Title 8 / Chapter 27 / Section 8-27-801
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authorized local education employees" means local education employees who have been authorized by the trustees to participate in the trust based upon the trustees' decision to establish a trust for local education employees and the employing local education agencies' contribution of the share of other post-employment benefits liabilities to the trust, as determined by the trustees; (2) "Other post-employment benefits" or "post-employment benefits" means non-pension benefits paid on behalf of former state employees, former state employees' beneficiaries, authorized local education agency employees or the authorized local education agency employees' beneficiaries after separation from service. The benefits may include, but shall not be limited to, medical, prescription drugs, dental, vision, hearing, Medicare part B or part D premiums, life insurance, long-term care, and long-term disability; and (3) "Trustees" means the four (4) trustees designated in § 8-27-205(f) . Amended by 2018 Tenn. Acts, ch. 631, Secs.s 4, s 5 eff. 4/2/2018. Added by 2015 Tenn. Acts, ch. 426, s 5, eff. 5/18/2015.
As used in this part, unless the context otherwise requires:
(1) "Authorized local education employees" means local education employees who have been authorized by the trustees to participate in the trust based upon the trustees' decision to establish a trust for local education employees and the employing local education agencies' contribution of the share of other post-employment benefits liabilities to the trust, as determined by the trustees;
(2) "Other post-employment benefits" or "post-employment benefits" means non-pension benefits paid on behalf of former state employees, former state employees' beneficiaries, authorized local education agency employees or the authorized local education agency employees' beneficiaries after separation from service. The benefits may include, but shall not be limited to, medical, prescription drugs, dental, vision, hearing, Medicare part B or part D premiums, life insurance, long-term care, and long-term disability; and
(3) "Trustees" means the four (4) trustees designated in § 8-27-205(f) .
Amended by 2018 Tenn. Acts, ch. 631, Secs.s 4, s 5 eff. 4/2/2018.
Added by 2015 Tenn. Acts, ch. 426, s 5, eff. 5/18/2015.
Tenn. Code Ann. § 8-26-114 — TN Code / Title 8 / Chapter 26 / Section 8-26-114
Moving expenses for involuntary transferees
Status: in_force

Any officer or employee in the several departments and agencies of the state who is transferred involuntarily to a work location which is farther than fifty (50) miles removed from such officer's or employee's previous location shall be reimbursed for all reasonable moving expenses incurred at the time and in connection therewith by the commissioner of finance and administration from the general fund. In order to qualify for such reimbursement, the officer or employee must certify to the commissioner prior to moving that such is being made as a result of the transfer, that the officer or employee did not request such transfer and that it is being made involuntarily. The commissioner is authorized to promulgate reasonable rules for the administration of this provision. All reimbursement for moving expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1977, ch. 442, § 1; T.C.A., § 8-2517.
Any officer or employee in the several departments and agencies of the state who is transferred involuntarily to a work location which is farther than fifty (50) miles removed from such officer's or employee's previous location shall be reimbursed for all reasonable moving expenses incurred at the time and in connection therewith by the commissioner of finance and administration from the general fund. In order to qualify for such reimbursement, the officer or employee must certify to the commissioner prior to moving that such is being made as a result of the transfer, that the officer or employee did not request such transfer and that it is being made involuntarily. The commissioner is authorized to promulgate reasonable rules for the administration of this provision. All reimbursement for moving expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1977, ch. 442, § 1; T.C.A., § 8-2517.
Tenn. Code Ann. § 8-50-507 — TN Code / Title 8 / Chapter 50 / Section 8-50-507
Signature on disclosure statement or amendment to disclosure statement - Penalty of perjury
Status: in_force

Each disclosure statement or amendment to a disclosure statement filed under this part must be signed either in writing or electronically under penalty of perjury, and contain substantially the following language: I understand that, pursuant to T.C.A. § 8-50-507 , submitting a disclosure or amendment to a disclosure form which contains false or incomplete information may subject me to the penalties of perjury. The information contained in this disclosure or amendment to a disclosure form is true, complete, and correct to the best of my knowledge, information, and belief. ____________________ Signature _____________ Date Added by 2022 Tenn. Acts, ch. 1087, s 25, eff. 7/1/2022.
Each disclosure statement or amendment to a disclosure statement filed under this part must be signed either in writing or electronically under penalty of perjury, and contain substantially the following language:
I understand that, pursuant to T.C.A. § 8-50-507 , submitting a disclosure or amendment to a disclosure form which contains false or incomplete information may subject me to the penalties of perjury. The information contained in this disclosure or amendment to a disclosure form is true, complete, and correct to the best of my knowledge, information, and belief.
____________________ Signature _____________ Date
Added by 2022 Tenn. Acts, ch. 1087, s 25, eff. 7/1/2022.
Tenn. Code Ann. § 8-12-116 — TN Code / Title 8 / Chapter 12 / Section 8-12-116
Delivery of records to successor
Status: in_force

In case of the resignation, removal, or expiration of the term of office of any surveyor, the surveyor shall deliver all record books, and all other public papers belonging to the office, to the successor, and, on failure, shall be liable to an action for damages, and shall be also subject to a fine of fifty dollars ($50.00), recoverable before any tribunal having cognizance, for the county. Code 1858, § 442 (deriv. Acts 1837-1838, ch. 149, § 1); Shan., §546; Code 1932, § 798; T.C.A. (orig. ed.), § 8-1216.
In case of the resignation, removal, or expiration of the term of office of any surveyor, the surveyor shall deliver all record books, and all other public papers belonging to the office, to the successor, and, on failure, shall be liable to an action for damages, and shall be also subject to a fine of fifty dollars ($50.00), recoverable before any tribunal having cognizance, for the county.
Code 1858, § 442 (deriv. Acts 1837-1838, ch. 149, § 1); Shan., §546; Code 1932, § 798; T.C.A. (orig. ed.), § 8-1216.
Tenn. Code Ann. § 8-33-109 — TN Code / Title 8 / Chapter 33 / Section 8-33-109
Reservists' leave of absence
Status: in_force

(a) All officers and employees of this state, or any department or agency thereof, or of any county, municipality, school district, or other political subdivision, and all other public employees of this state who are, or may become, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave or vacation, impairment of efficiency rating, or any other rights or benefits to which otherwise entitled, for all periods of military service during which they are engaged in the performance of duty or training in the service of this state, or of the United States, under competent orders; provided, that an officer or employee while on such leave shall be paid salary or compensation for a period, or periods, not exceeding twenty (20) working days in any one (1) calendar year, plus such additional days as may result from any call to active state duty pursuant to § 58-1-106 . The military leave herein provided shall be unaffected by date of employment or length of service and shall have no effect on other leaves provided by law, regulation, policy or practice. After the twenty (20) working days of full compensation, any public employer may provide partial compensation to its employees while under competent orders. After the twenty (20) working days of full compensation, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, may use up to five (5) days of sick leave in lieu of annual leave for the purposes of not having to take leave without pay. (b) Notwithstanding subsection (a), after the twenty (20) working days of full compensation, any educator who is a member of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, is authorized, but not required, to use any accumulated sick leave in lieu of annual leave for the purposes of not having to take leave without pay when called into active duty. Nothing in this subsection (b) prohibits an educator from using up to five (5) days of an initial allotment of sick leave pursuant to § 49-5-710(a)(3) in accordance with subsection (a). For purposes of this subsection (b), "educator" has the same meaning as defined in § 49-5-204(b) . Amended by 2018 Tenn. Acts, ch. 886, s 1, eff. 5/3/2018. Amended by 2013 Tenn. Acts, ch. 432, s 1, eff. 7/1/2013. Acts 1951, ch. 88, § 1 (Williams, § 1866.7); 1967, ch. 376, § 2; 1969, ch. 204, § 1; T.C.A. (orig. ed.), §8-3310; Acts 2003 , ch. 308, § 1; 2007 , ch. 360, § 1.
(a) All officers and employees of this state, or any department or agency thereof, or of any county, municipality, school district, or other political subdivision, and all other public employees of this state who are, or may become, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave or vacation, impairment of efficiency rating, or any other rights or benefits to which otherwise entitled, for all periods of military service during which they are engaged in the performance of duty or training in the service of this state, or of the United States, under competent orders; provided, that an officer or employee while on such leave shall be paid salary or compensation for a period, or periods, not exceeding twenty (20) working days in any one (1) calendar year, plus such additional days as may result from any call to active state duty pursuant to § 58-1-106 . The military leave herein provided shall be unaffected by date of employment or length of service and shall have no effect on other leaves provided by law, regulation, policy or practice. After the twenty (20) working days of full compensation, any public employer may provide partial compensation to its employees while under competent orders. After the twenty (20) working days of full compensation, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, may use up to five (5) days of sick leave in lieu of annual leave for the purposes of not having to take leave without pay.
(b) Notwithstanding subsection (a), after the twenty (20) working days of full compensation, any educator who is a member of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, is authorized, but not required, to use any accumulated sick leave in lieu of annual leave for the purposes of not having to take leave without pay when called into active duty. Nothing in this subsection (b) prohibits an educator from using up to five (5) days of an initial allotment of sick leave pursuant to § 49-5-710(a)(3) in accordance with subsection (a). For purposes of this subsection (b), "educator" has the same meaning as defined in § 49-5-204(b) .
Amended by 2018 Tenn. Acts, ch. 886, s 1, eff. 5/3/2018.
Amended by 2013 Tenn. Acts, ch. 432, s 1, eff. 7/1/2013.
Acts 1951, ch. 88, § 1 (Williams, § 1866.7); 1967, ch. 376, § 2; 1969, ch. 204, § 1; T.C.A. (orig. ed.), §8-3310; Acts 2003 , ch. 308, § 1; 2007 , ch. 360, § 1.
Tenn. Code Ann. § 8-37-113 — TN Code / Title 8 / Chapter 37 / Section 8-37-113
Emerging investment managers as outside investment managers
Status: in_force

(a) In the event the board of trustees directs that outside investment managers be engaged to invest assets of the Tennessee consolidated retirement system, the board of trustees shall endeavor to use emerging investment managers to the greatest extent feasible within the bounds of financial and fiduciary prudence. Any such emerging investment manager must have at least five (5) years of professional investment experience in the asset class for which outside investment managers are being sought. (b) If the board of trustees directs that outside investment managers be engaged, the treasurer shall submit an annual statement to the general assembly regarding the use of emerging investment managers. The statement shall identify the emerging investment managers used by the board, the percentage of the system's assets under the investment control of emerging investment managers, and the actions undertaken to increase the use of emerging investment managers, including encouraging other investment managers to use emerging investment managers as subcontractors when the opportunity arises. Inclusion of such statement within the state treasurer's annual report to the general assembly shall satisfy this requirement. (c) As used in this section: (1) "Emerging investment manager" means a qualified investment adviser that manages an investment portfolio of at least ten million dollars ($10,000,000) but less than one hundred million dollars ($100,000,000) and is a minority-owned business; (2) "Minority-owned business" means a business concern which is at least fifty-one percent (51%) owned by one (1) or more minority persons, or in the case of a corporation, at least fifty-one percent (51%) of the stock of which is owned by one (1) or more minority persons; and the management and daily business operations of which are controlled by one (1) or more of the minority individuals who own it; and (3) "Minority person" means a person who is a citizen or lawful permanent resident of the United States and who is: (A) African American; or (B) Hispanic. Acts 1994, ch. 876, § 1.
(a) In the event the board of trustees directs that outside investment managers be engaged to invest assets of the Tennessee consolidated retirement system, the board of trustees shall endeavor to use emerging investment managers to the greatest extent feasible within the bounds of financial and fiduciary prudence. Any such emerging investment manager must have at least five (5) years of professional investment experience in the asset class for which outside investment managers are being sought.
(b) If the board of trustees directs that outside investment managers be engaged, the treasurer shall submit an annual statement to the general assembly regarding the use of emerging investment managers. The statement shall identify the emerging investment managers used by the board, the percentage of the system's assets under the investment control of emerging investment managers, and the actions undertaken to increase the use of emerging investment managers, including encouraging other investment managers to use emerging investment managers as subcontractors when the opportunity arises. Inclusion of such statement within the state treasurer's annual report to the general assembly shall satisfy this requirement.
(c) As used in this section: (1) "Emerging investment manager" means a qualified investment adviser that manages an investment portfolio of at least ten million dollars ($10,000,000) but less than one hundred million dollars ($100,000,000) and is a minority-owned business; (2) "Minority-owned business" means a business concern which is at least fifty-one percent (51%) owned by one (1) or more minority persons, or in the case of a corporation, at least fifty-one percent (51%) of the stock of which is owned by one (1) or more minority persons; and the management and daily business operations of which are controlled by one (1) or more of the minority individuals who own it; and (3) "Minority person" means a person who is a citizen or lawful permanent resident of the United States and who is: (A) African American; or (B) Hispanic.
(1) "Emerging investment manager" means a qualified investment adviser that manages an investment portfolio of at least ten million dollars ($10,000,000) but less than one hundred million dollars ($100,000,000) and is a minority-owned business;
(2) "Minority-owned business" means a business concern which is at least fifty-one percent (51%) owned by one (1) or more minority persons, or in the case of a corporation, at least fifty-one percent (51%) of the stock of which is owned by one (1) or more minority persons; and the management and daily business operations of which are controlled by one (1) or more of the minority individuals who own it; and
(3) "Minority person" means a person who is a citizen or lawful permanent resident of the United States and who is: (A) African American; or (B) Hispanic.
(A) African American; or
(B) Hispanic.
Acts 1994, ch. 876, § 1.
Tenn. Code Ann. § 8-30-305 — TN Code / Title 8 / Chapter 30 / Section 8-30-305
Establishment and maintenance of pool of candidates
Status: in_force

(a) The commissioner shall establish and maintain a pool of candidates for the various classes of positions as the commissioner deems necessary or desirable to meet the needs of the service. (b) At the time a pool of candidates is established, the commissioner shall determine the period during which such pool shall remain in force. (c) No person who is required to register for the federal draft under 50 U.S.C. Appx. § 453 shall be eligible for employment with the state of Tennessee until such person has registered for such draft. Amended by 2022 Tenn. Acts, ch. 655, s 6, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 655, s 5, eff. 7/1/2022. Acts 2012 , ch. 800, § 26.
(a) The commissioner shall establish and maintain a pool of candidates for the various classes of positions as the commissioner deems necessary or desirable to meet the needs of the service.
(b) At the time a pool of candidates is established, the commissioner shall determine the period during which such pool shall remain in force.
(c) No person who is required to register for the federal draft under 50 U.S.C. Appx. § 453 shall be eligible for employment with the state of Tennessee until such person has registered for such draft.
Amended by 2022 Tenn. Acts, ch. 655, s 6, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 655, s 5, eff. 7/1/2022.
Acts 2012 , ch. 800, § 26.
Tenn. Code Ann. § 8-19-208 — TN Code / Title 8 / Chapter 19 / Section 8-19-208
Filing of bonds of revenue officers
Status: in_force

The bonds of the revenue officers, shall within ten (10) days after the same have been examined or taken, and after they shall have been attested, recorded and certified, according to law, be filed in the office of the county clerk for safekeeping. Amended by 2013 Tenn. Acts, ch. 315,s 24, eff. 4/29/2013. Code 1858, § 729 (deriv. Acts 1843-1844, ch. 103, § 12); Shan., § 1042; Code 1932, § 1771; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1934.
The bonds of the revenue officers, shall within ten (10) days after the same have been examined or taken, and after they shall have been attested, recorded and certified, according to law, be filed in the office of the county clerk for safekeeping.
Amended by 2013 Tenn. Acts, ch. 315,s 24, eff. 4/29/2013.
Code 1858, § 729 (deriv. Acts 1843-1844, ch. 103, § 12); Shan., § 1042; Code 1932, § 1771; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1934.
Tenn. Code Ann. § 8-34-622 — TN Code / Title 8 / Chapter 34 / Section 8-34-622
Scope of Group 4 creditable service
Status: in_force

Any member in Group 4 may establish creditable service only for service rendered and contributions made as a state judge, an attorney general and reporter who meets the requirements of § 8-34-623(b) , constitutional convention member, as provided by § 8-34-608 , and for military service, as provided by § 8-34-605 . Acts 1986, ch. 554, § 3; 2005, ch. 498, § 3.
Any member in Group 4 may establish creditable service only for service rendered and contributions made as a state judge, an attorney general and reporter who meets the requirements of § 8-34-623(b) , constitutional convention member, as provided by § 8-34-608 , and for military service, as provided by § 8-34-605 .
Acts 1986, ch. 554, § 3; 2005, ch. 498, § 3.
Tenn. Code Ann. § 8-16-120 — TN Code / Title 8 / Chapter 16 / Section 8-16-120
Acting after expiration of commission
Status: in_force

It is unlawful for any person who has been commissioned as a notary public, either as a result of election or upon direct appointment by the governor, to take acknowledgments or otherwise act in an official capacity after the expiration of such notary's commission. A violation of this section is a Class C misdemeanor. Acts 1925, ch. 79, § 4; Shan. Supp., § 3199a2; Code 1932, § 5091; T.C.A. (orig. ed.), § 8-1626; Acts 1989, ch. 591, § 113; T.C.A. § 8-16-308 ; Acts 2004, ch. 854, § 18.
It is unlawful for any person who has been commissioned as a notary public, either as a result of election or upon direct appointment by the governor, to take acknowledgments or otherwise act in an official capacity after the expiration of such notary's commission. A violation of this section is a Class C misdemeanor.
Acts 1925, ch. 79, § 4; Shan. Supp., § 3199a2; Code 1932, § 5091; T.C.A. (orig. ed.), § 8-1626; Acts 1989, ch. 591, § 113; T.C.A. § 8-16-308 ; Acts 2004, ch. 854, § 18.
Tenn. Code Ann. § 8-36-507 — TN Code / Title 8 / Chapter 36 / Section 8-36-507
Effect of engaging in or the ability to engage in gainful activity
Status: in_force

(a) Should the medical advisors report and certify to the board of trustees that such disability beneficiary is able to engage in substantial gainful activity, and should the board of trustees concur in such report, then the amount of the beneficiary's monthly benefit shall be reduced or suspended at the discretion of the board of trustees. (b) If the board of trustees determines that the disability beneficiary is in fact engaged in substantial gainful activity, then the beneficiary's monthly benefits shall be suspended. (c) Should the beneficiary's earning capacity be later changed, the monthly benefit may be restored; provided, that the evidence substantiates the beneficiary's inability to engage in gainful activity. (d) Any disability retiree who has not yet attained service retirement age may be required to report, on an annual basis, all income other than retirement benefits from this system, and should the board of trustees determine from this information that the disability beneficiary is able to engage in a gainful occupation, then the amount of the benefit may be reduced accordingly, at the discretion of the board. Acts 1972, ch. 814, § 5; 1978, ch. 741, §§ 16-18; 1979, ch. 321, § 4; T.C.A., §§ 8-3914(c), 8-36-506; Acts 1997, ch. 219, § 7; 2009, ch. 142, § 7.
(a) Should the medical advisors report and certify to the board of trustees that such disability beneficiary is able to engage in substantial gainful activity, and should the board of trustees concur in such report, then the amount of the beneficiary's monthly benefit shall be reduced or suspended at the discretion of the board of trustees.
(b) If the board of trustees determines that the disability beneficiary is in fact engaged in substantial gainful activity, then the beneficiary's monthly benefits shall be suspended.
(c) Should the beneficiary's earning capacity be later changed, the monthly benefit may be restored; provided, that the evidence substantiates the beneficiary's inability to engage in gainful activity.
(d) Any disability retiree who has not yet attained service retirement age may be required to report, on an annual basis, all income other than retirement benefits from this system, and should the board of trustees determine from this information that the disability beneficiary is able to engage in a gainful occupation, then the amount of the benefit may be reduced accordingly, at the discretion of the board.
Acts 1972, ch. 814, § 5; 1978, ch. 741, §§ 16-18; 1979, ch. 321, § 4; T.C.A., §§ 8-3914(c), 8-36-506; Acts 1997, ch. 219, § 7; 2009, ch. 142, § 7.
Tenn. Code Ann. § 8-36-806 — TN Code / Title 8 / Chapter 36 / Section 8-36-806
Assignment to duty of retired state judges - Compensation - Creditable service
Status: in_force

(a) The chief justice of the supreme court is empowered to assign any retired state judge to: (1) Hold any court in the state whenever in the chief justice's judgment it is necessary to do so in order to relieve congested dockets; or (2) Sit for judges who may be incapacitated or who may be absent because of illness or otherwise. (b) A retired state judge holding court hereunder shall be paid, in addition to the retirement allowance for the period during which the retired state judge sits as judge, the difference between the retired state judge's retirement allowance for the period and the amount the retired state judge would receive for that period if the retired state judge were an active judge of the same court. (c) The chief justice shall certify to the judicial cost accountant the date on which such service commences and the date on which such service terminates. (d) (1) Any retired judge assigned to duty under this section who has not attained the maximum creditable service shall be entitled to receive credit for services performed in such duty; provided, that: (A) Such judge elects to receive such credit by notice to the board; and (B) Such judge authorizes the deduction of the applicable contributions as set forth under chapter 37, part 2 of this title. (2) Such service shall be added to the creditable service of such judge and, on July 1 of each year, such judge's benefits shall be adjusted according to the superseded system or of the retirement system hereby created as may be appropriate. (3) Notwithstanding this subsection (d) to the contrary, any retired judge assigned to duty under this section on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the retiree's position, and establish credit for the additional service. Amended by 2018 Tenn. Acts, ch. 736,s 25, eff. 4/18/2018. Acts 1972, ch. 814, § 12; T.C.A., §§ 8-3940(a), 8-3940(c), 8-36-813; Acts 1986, ch. 553, § 20; 2012, ch. 611, § 3.
(a) The chief justice of the supreme court is empowered to assign any retired state judge to: (1) Hold any court in the state whenever in the chief justice's judgment it is necessary to do so in order to relieve congested dockets; or (2) Sit for judges who may be incapacitated or who may be absent because of illness or otherwise.
(1) Hold any court in the state whenever in the chief justice's judgment it is necessary to do so in order to relieve congested dockets; or
(2) Sit for judges who may be incapacitated or who may be absent because of illness or otherwise.
(b) A retired state judge holding court hereunder shall be paid, in addition to the retirement allowance for the period during which the retired state judge sits as judge, the difference between the retired state judge's retirement allowance for the period and the amount the retired state judge would receive for that period if the retired state judge were an active judge of the same court.
(c) The chief justice shall certify to the judicial cost accountant the date on which such service commences and the date on which such service terminates.
(d) (1) Any retired judge assigned to duty under this section who has not attained the maximum creditable service shall be entitled to receive credit for services performed in such duty; provided, that: (A) Such judge elects to receive such credit by notice to the board; and (B) Such judge authorizes the deduction of the applicable contributions as set forth under chapter 37, part 2 of this title. (2) Such service shall be added to the creditable service of such judge and, on July 1 of each year, such judge's benefits shall be adjusted according to the superseded system or of the retirement system hereby created as may be appropriate. (3) Notwithstanding this subsection (d) to the contrary, any retired judge assigned to duty under this section on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the retiree's position, and establish credit for the additional service.
(1) Any retired judge assigned to duty under this section who has not attained the maximum creditable service shall be entitled to receive credit for services performed in such duty; provided, that: (A) Such judge elects to receive such credit by notice to the board; and (B) Such judge authorizes the deduction of the applicable contributions as set forth under chapter 37, part 2 of this title.
(A) Such judge elects to receive such credit by notice to the board; and
(B) Such judge authorizes the deduction of the applicable contributions as set forth under chapter 37, part 2 of this title.
(2) Such service shall be added to the creditable service of such judge and, on July 1 of each year, such judge's benefits shall be adjusted according to the superseded system or of the retirement system hereby created as may be appropriate.
(3) Notwithstanding this subsection (d) to the contrary, any retired judge assigned to duty under this section on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the retiree's position, and establish credit for the additional service.
Amended by 2018 Tenn. Acts, ch. 736,s 25, eff. 4/18/2018.
Acts 1972, ch. 814, § 12; T.C.A., §§ 8-3940(a), 8-3940(c), 8-36-813; Acts 1986, ch. 553, § 20; 2012, ch. 611, § 3.
Tenn. Code Ann. § 8-22-120 — TN Code / Title 8 / Chapter 22 / Section 8-22-120
Record of fees
Status: in_force

Each such officer shall keep a true and perfect record of all the fees, costs, commissions, and emoluments by such officer collected, or that may be so due the state, and, when paid to the state treasurer, shall demand and receive proper vouchers therefor, to be kept as part of the record of the office. Acts 1893, ch. 6, § 2; Shan., § 6364; Code 1932, § 10669; T.C.A. (orig. ed.), § 8-2220.
Each such officer shall keep a true and perfect record of all the fees, costs, commissions, and emoluments by such officer collected, or that may be so due the state, and, when paid to the state treasurer, shall demand and receive proper vouchers therefor, to be kept as part of the record of the office.
Acts 1893, ch. 6, § 2; Shan., § 6364; Code 1932, § 10669; T.C.A. (orig. ed.), § 8-2220.
Tenn. Code Ann. § 8-20-109 — TN Code / Title 8 / Chapter 20 / Section 8-20-109
Removal of deputies or assistants
Status: in_force

Any and all deputies and assistants in any of the offices covered by this chapter shall be removable by the officer for whom they are acting, at will. Acts 1921, ch. 101, § 18; Shan. Supp., § 6428a55; Code 1932, §10744; T.C.A. (orig. ed.), § 8-2009.
Any and all deputies and assistants in any of the offices covered by this chapter shall be removable by the officer for whom they are acting, at will.
Acts 1921, ch. 101, § 18; Shan. Supp., § 6428a55; Code 1932, §10744; T.C.A. (orig. ed.), § 8-2009.
Tenn. Code Ann. § 8-27-304 — TN Code / Title 8 / Chapter 27 / Section 8-27-304
Eligibility for enrollment in plans - Withdrawal of local education agency from basic health plan - Participation of surviving spouse and eligible dependents of local education employee killed in line of duty as national guard member
Status: in_force

(a) During a period established by the local education insurance committee after the implementation in each local education agency of the basic health plan provided for in § 8-27-302 , enrollment shall be open to all eligible employees regardless of preexisting conditions. Thereafter, the local education insurance committee may permit supplemental enrollments and shall provide for the entrance of newly employed eligible employees into the plan. (b) Enrollment in any insurance plan for local education employees under this part shall be open to any teacher as defined in § 49-5-501 , who transitions from part-time to full-time employment, notwithstanding the teacher's failure to participate in the plan as a part-time employee. (c) (1) A local education agency seeking to enroll in any plan offered by the local education insurance committee shall provide in its request for enrollment: (A) Verification that a majority of eligible employees of the LEA have agreed to enrollment in the plan. The local education insurance committee may waive the majority requirement if, in its discretion, there is good cause to do so; and (B) Information necessary for processing the enrollment including names and required identifying information, financial information necessary to process payments, and signed memoranda of understanding. (2) The local education insurance committee reserves the right to audit participation and to terminate agencies whose participation falls below a majority of eligible employees. (d) An educational cooperative shall comply with the Educational Cooperation Act, compiled in title 49, chapter 2, part 13, for five (5) years before the educational cooperative is eligible to have its employees participate in the health insurance plan authorized in this section. (e) Any local education agency may withdraw from the basic health plan authorized in § 8-27-302 following at least twenty-four (24) months of participation in that plan. The local education agency shall comply with the equivalency provisions of § 8-27-303(a)(2) and the requirements in subsection (c) prior to withdrawal from the basic health plan with the exception that the local education insurance committee shall not waive the verification requirement in subdivision (c)(1)(A). Upon withdrawal, the local education agency shall be responsible for coverage for all retirees and other former employees eligible to continue healthcare coverage who were covered at the time of the termination of employment with the local education agency. The local education insurance committee may establish conditions for local education agencies that withdraw to resume coverage through the basic plan. (f) (1) The surviving spouse and eligible dependent children of a local education employee maintaining family coverage through the local education group insurance plan and who is a member of the Tennessee army national guard or the Tennessee air national guard and who has been activated for federal duty or who has been called up on state active duty, and who is subsequently killed in the performance of that duty, may participate in the group health insurance plan for local education employees established pursuant to § 8-27-302(a)(1) . (2) The cost of the coverage provided in this section to the surviving spouse and dependent children shall be equal to twenty percent (20%) of the monthly premium for active employee coverage. The military department shall pay the balance of the monthly premium. (3) The criteria for determination of eligibility of dependent children shall be the same as the criteria established by the local education insurance committee for participating employees and their families. (4) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage authorized in this section shall be terminated on the first day of the following month. The local education insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during the transfer of coverage. (5) In the event that insurance coverage under the local education plan is terminated for the surviving spouse pursuant to subdivision (f)(4), but the surviving spouse is unable to secure, through the new coverage, insurance coverage for the eligible dependent children, the dependent children may continue coverage under this section; provided, that the dependent children continue to meet all dependent eligibility requirements. (6) This section shall be retroactive to September 11, 2001. As individuals who are qualified for such extension are identified, elect coverage, and pay the appropriate contribution, the coverage shall be provided on a prospective basis. Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015. Acts 1985, ch. 455, § 4; 2007 , ch. 163, § 1.
(a) During a period established by the local education insurance committee after the implementation in each local education agency of the basic health plan provided for in § 8-27-302 , enrollment shall be open to all eligible employees regardless of preexisting conditions. Thereafter, the local education insurance committee may permit supplemental enrollments and shall provide for the entrance of newly employed eligible employees into the plan.
(b) Enrollment in any insurance plan for local education employees under this part shall be open to any teacher as defined in § 49-5-501 , who transitions from part-time to full-time employment, notwithstanding the teacher's failure to participate in the plan as a part-time employee.
(c) (1) A local education agency seeking to enroll in any plan offered by the local education insurance committee shall provide in its request for enrollment: (A) Verification that a majority of eligible employees of the LEA have agreed to enrollment in the plan. The local education insurance committee may waive the majority requirement if, in its discretion, there is good cause to do so; and (B) Information necessary for processing the enrollment including names and required identifying information, financial information necessary to process payments, and signed memoranda of understanding. (2) The local education insurance committee reserves the right to audit participation and to terminate agencies whose participation falls below a majority of eligible employees.
(1) A local education agency seeking to enroll in any plan offered by the local education insurance committee shall provide in its request for enrollment: (A) Verification that a majority of eligible employees of the LEA have agreed to enrollment in the plan. The local education insurance committee may waive the majority requirement if, in its discretion, there is good cause to do so; and (B) Information necessary for processing the enrollment including names and required identifying information, financial information necessary to process payments, and signed memoranda of understanding.
(A) Verification that a majority of eligible employees of the LEA have agreed to enrollment in the plan. The local education insurance committee may waive the majority requirement if, in its discretion, there is good cause to do so; and
(B) Information necessary for processing the enrollment including names and required identifying information, financial information necessary to process payments, and signed memoranda of understanding.
(2) The local education insurance committee reserves the right to audit participation and to terminate agencies whose participation falls below a majority of eligible employees.
(d) An educational cooperative shall comply with the Educational Cooperation Act, compiled in title 49, chapter 2, part 13, for five (5) years before the educational cooperative is eligible to have its employees participate in the health insurance plan authorized in this section.
(e) Any local education agency may withdraw from the basic health plan authorized in § 8-27-302 following at least twenty-four (24) months of participation in that plan. The local education agency shall comply with the equivalency provisions of § 8-27-303(a)(2) and the requirements in subsection (c) prior to withdrawal from the basic health plan with the exception that the local education insurance committee shall not waive the verification requirement in subdivision (c)(1)(A). Upon withdrawal, the local education agency shall be responsible for coverage for all retirees and other former employees eligible to continue healthcare coverage who were covered at the time of the termination of employment with the local education agency. The local education insurance committee may establish conditions for local education agencies that withdraw to resume coverage through the basic plan.
(f) (1) The surviving spouse and eligible dependent children of a local education employee maintaining family coverage through the local education group insurance plan and who is a member of the Tennessee army national guard or the Tennessee air national guard and who has been activated for federal duty or who has been called up on state active duty, and who is subsequently killed in the performance of that duty, may participate in the group health insurance plan for local education employees established pursuant to § 8-27-302(a)(1) . (2) The cost of the coverage provided in this section to the surviving spouse and dependent children shall be equal to twenty percent (20%) of the monthly premium for active employee coverage. The military department shall pay the balance of the monthly premium. (3) The criteria for determination of eligibility of dependent children shall be the same as the criteria established by the local education insurance committee for participating employees and their families. (4) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage authorized in this section shall be terminated on the first day of the following month. The local education insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during the transfer of coverage. (5) In the event that insurance coverage under the local education plan is terminated for the surviving spouse pursuant to subdivision (f)(4), but the surviving spouse is unable to secure, through the new coverage, insurance coverage for the eligible dependent children, the dependent children may continue coverage under this section; provided, that the dependent children continue to meet all dependent eligibility requirements. (6) This section shall be retroactive to September 11, 2001. As individuals who are qualified for such extension are identified, elect coverage, and pay the appropriate contribution, the coverage shall be provided on a prospective basis.
(1) The surviving spouse and eligible dependent children of a local education employee maintaining family coverage through the local education group insurance plan and who is a member of the Tennessee army national guard or the Tennessee air national guard and who has been activated for federal duty or who has been called up on state active duty, and who is subsequently killed in the performance of that duty, may participate in the group health insurance plan for local education employees established pursuant to § 8-27-302(a)(1) .
(2) The cost of the coverage provided in this section to the surviving spouse and dependent children shall be equal to twenty percent (20%) of the monthly premium for active employee coverage. The military department shall pay the balance of the monthly premium.
(3) The criteria for determination of eligibility of dependent children shall be the same as the criteria established by the local education insurance committee for participating employees and their families.
(4) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage authorized in this section shall be terminated on the first day of the following month. The local education insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during the transfer of coverage.
(5) In the event that insurance coverage under the local education plan is terminated for the surviving spouse pursuant to subdivision (f)(4), but the surviving spouse is unable to secure, through the new coverage, insurance coverage for the eligible dependent children, the dependent children may continue coverage under this section; provided, that the dependent children continue to meet all dependent eligibility requirements.
(6) This section shall be retroactive to September 11, 2001. As individuals who are qualified for such extension are identified, elect coverage, and pay the appropriate contribution, the coverage shall be provided on a prospective basis.
Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015.
Acts 1985, ch. 455, § 4; 2007 , ch. 163, § 1.
Tenn. Code Ann. § 8-30-314 — TN Code / Title 8 / Chapter 30 / Section 8-30-314
[Repealed] Reserved
Status: repealed

Repealed by 2022 Tenn. Acts, ch. 655, s 14, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 469, s 3, eff. 7/1/2017. Acts 2012 , ch. 800, § 35.
Repealed by 2022 Tenn. Acts, ch. 655, s 14, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 469, s 3, eff. 7/1/2017.
Acts 2012 , ch. 800, § 35.
Tenn. Code Ann. § 8-36-505 — TN Code / Title 8 / Chapter 36 / Section 8-36-505
Date of disability retirement
Status: in_force

Any member eligible for a disability retirement may set the effective date of such member's retirement at any date within one hundred fifty (150) days before or after the date such member's application is filed with the board; provided, that such effective date of retirement follows the date of such member's separation from service, the date on which the member's temporary disability benefits under the workers' compensation law cease, or the date on which the member became totally and permanently disabled, whichever is later. Acts 1997, ch. 219, § 7; 1999, ch. 79, § 9.
Any member eligible for a disability retirement may set the effective date of such member's retirement at any date within one hundred fifty (150) days before or after the date such member's application is filed with the board; provided, that such effective date of retirement follows the date of such member's separation from service, the date on which the member's temporary disability benefits under the workers' compensation law cease, or the date on which the member became totally and permanently disabled, whichever is later.
Acts 1997, ch. 219, § 7; 1999, ch. 79, § 9.
Tenn. Code Ann. § 8-10-203 — TN Code / Title 8 / Chapter 10 / Section 8-10-203
Range qualification
Status: in_force

Constables must be range-qualified prior to being authorized to carry a firearm. Qualification may be sponsored by the Tennessee Constable Association, the Tennessee Constable Council, the East Tennessee Constables Association, or by the local law enforcement authority. Amended by 2022 Tenn. Acts, ch. 667, s 2, eff. 3/18/2022. Acts 1993, ch. 414, § 4; 2004, ch. 655, § 5.
Constables must be range-qualified prior to being authorized to carry a firearm. Qualification may be sponsored by the Tennessee Constable Association, the Tennessee Constable Council, the East Tennessee Constables Association, or by the local law enforcement authority.
Amended by 2022 Tenn. Acts, ch. 667, s 2, eff. 3/18/2022.
Acts 1993, ch. 414, § 4; 2004, ch. 655, § 5.
Tenn. Code Ann. § 8-44-104 — TN Code / Title 8 / Chapter 44 / Section 8-44-104
Minutes recorded and open to public - Secret votes prohibited
Status: in_force

(a) The minutes of a meeting of any such governmental body shall be promptly and fully recorded, shall be open to public inspection, and shall include, but not be limited to, a record of persons present, all motions, proposals and resolutions offered, the results of any votes taken, and a record of individual votes in the event of roll call. (b) All votes of any such governmental body shall be by public vote or public ballot or public roll call. No secret votes, or secret ballots, or secret roll calls shall be allowed. As used in this chapter, "public vote" means a vote in which the "aye" faction vocally expresses its will in unison and in which the "nay" faction, subsequently, vocally expresses its will in unison. Acts 1974, ch. 442, § 4; T.C.A., § 8-4404; Acts 1980, ch. 800, § 1.
(a) The minutes of a meeting of any such governmental body shall be promptly and fully recorded, shall be open to public inspection, and shall include, but not be limited to, a record of persons present, all motions, proposals and resolutions offered, the results of any votes taken, and a record of individual votes in the event of roll call.
(b) All votes of any such governmental body shall be by public vote or public ballot or public roll call. No secret votes, or secret ballots, or secret roll calls shall be allowed. As used in this chapter, "public vote" means a vote in which the "aye" faction vocally expresses its will in unison and in which the "nay" faction, subsequently, vocally expresses its will in unison.
Acts 1974, ch. 442, § 4; T.C.A., § 8-4404; Acts 1980, ch. 800, § 1.
Tenn. Code Ann. § 8-36-610 — TN Code / Title 8 / Chapter 36 / Section 8-36-610
Surviving minor children as contingent beneficiaries
Status: in_force

(a) If a retired member of the Tennessee consolidated retirement system, including a retired prior class member, has, under the options of provisions of the preceding systems in this part, designated the spouse of the retired member as such retired member's beneficiary on the death of the retired member, then if the surviving spouse should die after the death of the retired member, and there is surviving a minor child or children of the retired member, the same annuity paid to the surviving spouse shall be divided equally among the minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children. (b) If the retired member's spouse is designated as the sole beneficiary on the date of the member's death, and if that spouse predeceased the retired member or died in a common accident or occurrence with the member, then the same annuity to which the spouse of the retired member would have been entitled had such spouse survived the retired member shall be divided equally among the retired member's minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches age twenty-two (22), whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children. Amended by 2014 Tenn. Acts, ch. 659,s 23, eff. 4/10/2014. Acts 1973, ch. 347, § 18; T.C.A., § 8-3917(b).
(a) If a retired member of the Tennessee consolidated retirement system, including a retired prior class member, has, under the options of provisions of the preceding systems in this part, designated the spouse of the retired member as such retired member's beneficiary on the death of the retired member, then if the surviving spouse should die after the death of the retired member, and there is surviving a minor child or children of the retired member, the same annuity paid to the surviving spouse shall be divided equally among the minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children.
(b) If the retired member's spouse is designated as the sole beneficiary on the date of the member's death, and if that spouse predeceased the retired member or died in a common accident or occurrence with the member, then the same annuity to which the spouse of the retired member would have been entitled had such spouse survived the retired member shall be divided equally among the retired member's minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches age twenty-two (22), whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children.
Amended by 2014 Tenn. Acts, ch. 659,s 23, eff. 4/10/2014.
Acts 1973, ch. 347, § 18; T.C.A., § 8-3917(b).
Tenn. Code Ann. § 8-8-106 — TN Code / Title 8 / Chapter 8 / Section 8-8-106
Temporary appointment by county legislative body
Status: in_force

If a vacancy occurs in the office of sheriff, the vacancy shall be filled as provided for in § 5-1-104(b) . Code 1858, § 374 (deriv. Acts 1839-1840, ch. 63, § 4); Shan., § 464; Code 1932, § 711; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-806; Acts 1981, ch. 318, § 4.
If a vacancy occurs in the office of sheriff, the vacancy shall be filled as provided for in § 5-1-104(b) .
Code 1858, § 374 (deriv. Acts 1839-1840, ch. 63, § 4); Shan., § 464; Code 1932, § 711; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-806; Acts 1981, ch. 318, § 4.