Tenn. Code Ann. § 8-21-903 — TN Code / Title 8 / Chapter 21 / Section 8-21-903
Judgments paid after execution issued
Status: in_force

The plaintiff in all judgments shall be liable to any sheriff or constable for the commission on the amount so received, if the plaintiff or the plaintiff's agent or attorney receives any or all of the judgment after an execution has been issued on the judgment and given into the officer's hands for collection. Acts 1887, ch. 244, § 1; Shan., § 6406; Code 1932, § 10710; T.C.A. (orig. ed.), § 8-2135.
The plaintiff in all judgments shall be liable to any sheriff or constable for the commission on the amount so received, if the plaintiff or the plaintiff's agent or attorney receives any or all of the judgment after an execution has been issued on the judgment and given into the officer's hands for collection.
Acts 1887, ch. 244, § 1; Shan., § 6406; Code 1932, § 10710; T.C.A. (orig. ed.), § 8-2135.
Tenn. Code Ann. § 8-30-403 — TN Code / Title 8 / Chapter 30 / Section 8-30-403
Corrupt practices
Status: in_force

(a) No person shall make any false statement, certificate, mark, rating or report with regard to any assessment, certification or appointment made under any provision of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter. (b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the state service. (c) No employee of the department, examiner, or other person shall defeat, deceive or obstruct any person in such person's right to an assessment, eligibility, certification or appointment under this chapter, or furnish to any person any special or secret information, for the purpose of affecting the rights or prospects of any person with respect to employment in the preferred service. Acts 2012, ch. 800, § 44.
(a) No person shall make any false statement, certificate, mark, rating or report with regard to any assessment, certification or appointment made under any provision of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter.
(b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the state service.
(c) No employee of the department, examiner, or other person shall defeat, deceive or obstruct any person in such person's right to an assessment, eligibility, certification or appointment under this chapter, or furnish to any person any special or secret information, for the purpose of affecting the rights or prospects of any person with respect to employment in the preferred service.
Acts 2012, ch. 800, § 44.
Tenn. Code Ann. § 8-25-115 — TN Code / Title 8 / Chapter 25 / Section 8-25-115
Length of service award program
Status: in_force

(a) The state treasurer may inquire with local governments and volunteer fire departments about establishing a length of service award program pursuant to § 457 of the Internal Revenue Code as amended, and all applicable rules, regulations, notices, and interpretations released by the United States treasury, including the internal revenue service, referred to in this section as the "code". Based on the results of this inquiry, the state treasurer may establish a length of service award program. (b) The commissioner of finance and administration; the chair of the finance, ways and means committee of the senate; the chair of the finance, ways and means committee of the house of representatives; and the state treasurer shall serve as trustees for the length of service award program that may be established pursuant to this section. (c) If the state treasurer establishes a length of service award program, then the state treasurer shall develop a plan that includes provisions for the implementation, administration, operation, marketing, investment options, customer service, and investment management services for the program, which must be approved by the remaining trustees. The state treasurer may modify the terms of the plan with the concurrence of the commissioner of finance and administration. (d) The state treasurer is authorized to carry out the purposes of this section, the purposes and objectives of the program and the trustees' plan, and the powers delegated by any other state law or rule, or the code, including, but not limited to, the following power to: (1) Select and provide for investment options or investment products; (2) Purchase insurance from insurers licensed to do business in this state providing for coverage against any loss in connection with the program's property, assets, or activities; (3) Make, execute, and deliver contracts, conveyances, and other instruments necessary and proper for the implementation of the program; (4) Contract for the provision of services necessary or convenient for the administration, implementation, operation, or management of the length of service award program; (5) Contract with recordkeepers, financial consultants, actuaries, auditors, investment managers, and other consultants and professionals, as necessary, to carry out the duties under this section and the plan established by the trustees. These services may be procured in a manner prescribed by the trustees, if the trustees determine that the services are necessary or desirable for the efficient administration of this section. All expenses and fees incidental to the procurement of services must be charged to and paid by the participating party; (6) Administer and operate the program at the direction of the trustees' plan; (7) Promote, advertise, market, and publicize the program; (8) Impose and collect application fees and other administrative fees and charges in connection with any transaction under this section; (9) Promulgate reasonable rules that are necessary to carry out the purpose of this section, and to ensure that the program is in compliance with the code and other applicable provisions of federal and state laws and rules. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (10) Enter into participation agreements with any entity permitted by the code for participation in the length of service award program; (11) Operate and provide for the operation of the program in a manner that qualifies the program under the code and take action necessary to maintain such qualification; (12) Seek rulings from the secretary of the United States department of treasury and the internal revenue service relating to the program; and (13) Make program changes to maintain compliance with applicable federal and state laws and rules. (e) An entity constituting an eligible employer pursuant to the code may elect to participate in the length of service award program as prescribed by the trustees to provide benefits to bona fide volunteers who provide firefighting and prevention services, emergency medical services, or ambulance services. An eligible employer may withdraw from participation in the program pursuant to the program's plan document. As used in this section, "eligible employer" and "bona fide volunteer" have the same meanings as provided in § 457 of the Internal Revenue Code. (f) The state treasurer: (1) Shall carry out the day-to-day administration, operations, and responsibilities of the length of service award program; (2) Shall exercise the powers, duties, and responsibilities to implement this section; (3) May assign duties and responsibilities to the state treasurer's staff or private vendors and contractors, as the state treasurer deems necessary and proper; and may consult with professionals as necessary about the administration of the program; and (4) May establish policies, guidelines, and operating procedures in accordance with this section. (g) If the trustees determine that the program is financially infeasible or is not beneficial to bona fide volunteers, eligible employers, citizens of the state, or the state itself, the trustees may suspend or terminate the program immediately. (h) It is the legislative intent of this section that there be no increase in costs to the state as a result of an eligible employer's participation in the length of service award program. All costs associated with such participation, including administrative costs, are the responsibility of the participating eligible employers. Administrative costs may be imposed by the state even if a participating eligible employer is later found to not constitute an eligible employer under the code. (i) Notwithstanding subsection (h), the state treasurer may develop, implement, and administer a program to award grants to eligible employers for the purpose of funding of a length of service award program established under this section. In the fiscal year beginning July 1, 2023, and ending June 30, 2024, and in each fiscal year thereafter, the state treasurer may award to an eligible employer a grant of a maximum of two hundred dollars ($200) for each bona fide volunteer of the eligible employer up to a total maximum amount of five thousand dollars ($5,000), for the purpose of matching eligible employers' contributions; provided, however, that in any fiscal year during which an eligible employer requests and is to be awarded a grant pursuant to this section, the eligible employer, as a condition of and prior to receipt of such grant, is required to certify to the state treasurer the number and names of its volunteers and to make the minimum contribution of at least two hundred dollars ($200) for each volunteer. The state treasurer shall develop an application form for eligible employers to request a grant and shall establish the period of time in which grant applications may be made. Grant amounts must be contributed to a volunteer's length of service award account. Grants pursuant to this section are subject to the availability of funds, including, but not limited to, state appropriations. This section is not a promise, guarantee, or obligation by the state to make grants pursuant to this section. (j) The appropriated funds for the grant program must be expended on grant awards; provided, however, that a portion of the appropriated funds in each fiscal year must be used to pay expenses incurred for the administration of the program, including, but not limited to, third party administrators, attorneys, consultants, accountants, auditors, and other professionals. Amended by 2024 Tenn. Acts, ch. 697,s 2, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 697,s 1, eff. 4/11/2024. Amended by 2022 Tenn. Acts, ch. 1113, s 1, eff. 6/1/2022. Added by 2021 Tenn. Acts, ch. 594, s 1, eff. 5/27/2021.
(a) The state treasurer may inquire with local governments and volunteer fire departments about establishing a length of service award program pursuant to § 457 of the Internal Revenue Code as amended, and all applicable rules, regulations, notices, and interpretations released by the United States treasury, including the internal revenue service, referred to in this section as the "code". Based on the results of this inquiry, the state treasurer may establish a length of service award program.
(b) The commissioner of finance and administration; the chair of the finance, ways and means committee of the senate; the chair of the finance, ways and means committee of the house of representatives; and the state treasurer shall serve as trustees for the length of service award program that may be established pursuant to this section.
(c) If the state treasurer establishes a length of service award program, then the state treasurer shall develop a plan that includes provisions for the implementation, administration, operation, marketing, investment options, customer service, and investment management services for the program, which must be approved by the remaining trustees. The state treasurer may modify the terms of the plan with the concurrence of the commissioner of finance and administration.
(d) The state treasurer is authorized to carry out the purposes of this section, the purposes and objectives of the program and the trustees' plan, and the powers delegated by any other state law or rule, or the code, including, but not limited to, the following power to: (1) Select and provide for investment options or investment products; (2) Purchase insurance from insurers licensed to do business in this state providing for coverage against any loss in connection with the program's property, assets, or activities; (3) Make, execute, and deliver contracts, conveyances, and other instruments necessary and proper for the implementation of the program; (4) Contract for the provision of services necessary or convenient for the administration, implementation, operation, or management of the length of service award program; (5) Contract with recordkeepers, financial consultants, actuaries, auditors, investment managers, and other consultants and professionals, as necessary, to carry out the duties under this section and the plan established by the trustees. These services may be procured in a manner prescribed by the trustees, if the trustees determine that the services are necessary or desirable for the efficient administration of this section. All expenses and fees incidental to the procurement of services must be charged to and paid by the participating party; (6) Administer and operate the program at the direction of the trustees' plan; (7) Promote, advertise, market, and publicize the program; (8) Impose and collect application fees and other administrative fees and charges in connection with any transaction under this section; (9) Promulgate reasonable rules that are necessary to carry out the purpose of this section, and to ensure that the program is in compliance with the code and other applicable provisions of federal and state laws and rules. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (10) Enter into participation agreements with any entity permitted by the code for participation in the length of service award program; (11) Operate and provide for the operation of the program in a manner that qualifies the program under the code and take action necessary to maintain such qualification; (12) Seek rulings from the secretary of the United States department of treasury and the internal revenue service relating to the program; and (13) Make program changes to maintain compliance with applicable federal and state laws and rules.
(1) Select and provide for investment options or investment products;
(2) Purchase insurance from insurers licensed to do business in this state providing for coverage against any loss in connection with the program's property, assets, or activities;
(3) Make, execute, and deliver contracts, conveyances, and other instruments necessary and proper for the implementation of the program;
(4) Contract for the provision of services necessary or convenient for the administration, implementation, operation, or management of the length of service award program;
(5) Contract with recordkeepers, financial consultants, actuaries, auditors, investment managers, and other consultants and professionals, as necessary, to carry out the duties under this section and the plan established by the trustees. These services may be procured in a manner prescribed by the trustees, if the trustees determine that the services are necessary or desirable for the efficient administration of this section. All expenses and fees incidental to the procurement of services must be charged to and paid by the participating party;
(6) Administer and operate the program at the direction of the trustees' plan;
(7) Promote, advertise, market, and publicize the program;
(8) Impose and collect application fees and other administrative fees and charges in connection with any transaction under this section;
(9) Promulgate reasonable rules that are necessary to carry out the purpose of this section, and to ensure that the program is in compliance with the code and other applicable provisions of federal and state laws and rules. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(10) Enter into participation agreements with any entity permitted by the code for participation in the length of service award program;
(11) Operate and provide for the operation of the program in a manner that qualifies the program under the code and take action necessary to maintain such qualification;
(12) Seek rulings from the secretary of the United States department of treasury and the internal revenue service relating to the program; and
(13) Make program changes to maintain compliance with applicable federal and state laws and rules.
(e) An entity constituting an eligible employer pursuant to the code may elect to participate in the length of service award program as prescribed by the trustees to provide benefits to bona fide volunteers who provide firefighting and prevention services, emergency medical services, or ambulance services. An eligible employer may withdraw from participation in the program pursuant to the program's plan document. As used in this section, "eligible employer" and "bona fide volunteer" have the same meanings as provided in § 457 of the Internal Revenue Code.
(f) The state treasurer: (1) Shall carry out the day-to-day administration, operations, and responsibilities of the length of service award program; (2) Shall exercise the powers, duties, and responsibilities to implement this section; (3) May assign duties and responsibilities to the state treasurer's staff or private vendors and contractors, as the state treasurer deems necessary and proper; and may consult with professionals as necessary about the administration of the program; and (4) May establish policies, guidelines, and operating procedures in accordance with this section.
(1) Shall carry out the day-to-day administration, operations, and responsibilities of the length of service award program;
(2) Shall exercise the powers, duties, and responsibilities to implement this section;
(3) May assign duties and responsibilities to the state treasurer's staff or private vendors and contractors, as the state treasurer deems necessary and proper; and may consult with professionals as necessary about the administration of the program; and
(4) May establish policies, guidelines, and operating procedures in accordance with this section.
(g) If the trustees determine that the program is financially infeasible or is not beneficial to bona fide volunteers, eligible employers, citizens of the state, or the state itself, the trustees may suspend or terminate the program immediately.
(h) It is the legislative intent of this section that there be no increase in costs to the state as a result of an eligible employer's participation in the length of service award program. All costs associated with such participation, including administrative costs, are the responsibility of the participating eligible employers. Administrative costs may be imposed by the state even if a participating eligible employer is later found to not constitute an eligible employer under the code.
(i) Notwithstanding subsection (h), the state treasurer may develop, implement, and administer a program to award grants to eligible employers for the purpose of funding of a length of service award program established under this section. In the fiscal year beginning July 1, 2023, and ending June 30, 2024, and in each fiscal year thereafter, the state treasurer may award to an eligible employer a grant of a maximum of two hundred dollars ($200) for each bona fide volunteer of the eligible employer up to a total maximum amount of five thousand dollars ($5,000), for the purpose of matching eligible employers' contributions; provided, however, that in any fiscal year during which an eligible employer requests and is to be awarded a grant pursuant to this section, the eligible employer, as a condition of and prior to receipt of such grant, is required to certify to the state treasurer the number and names of its volunteers and to make the minimum contribution of at least two hundred dollars ($200) for each volunteer. The state treasurer shall develop an application form for eligible employers to request a grant and shall establish the period of time in which grant applications may be made. Grant amounts must be contributed to a volunteer's length of service award account. Grants pursuant to this section are subject to the availability of funds, including, but not limited to, state appropriations. This section is not a promise, guarantee, or obligation by the state to make grants pursuant to this section.
(j) The appropriated funds for the grant program must be expended on grant awards; provided, however, that a portion of the appropriated funds in each fiscal year must be used to pay expenses incurred for the administration of the program, including, but not limited to, third party administrators, attorneys, consultants, accountants, auditors, and other professionals.
Amended by 2024 Tenn. Acts, ch. 697,s 2, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 697,s 1, eff. 4/11/2024.
Amended by 2022 Tenn. Acts, ch. 1113, s 1, eff. 6/1/2022.
Added by 2021 Tenn. Acts, ch. 594, s 1, eff. 5/27/2021.
Tenn. Code Ann. § 8-27-503 — TN Code / Title 8 / Chapter 27 / Section 8-27-503
Employees and officials may accept or reject coverage - Compensation of county employee who rejects or opts out of insurance policy
Status: in_force

(a) When a county shall so approve and make available to its employees and officials such insurance protections, the employees and officials shall still have the election of accepting or rejecting such coverage. (b) If a county employee rejects or opts out of an insurance policy offered or provided to the employee by the county under § 8-27-501(a) , the county may compensate the employee up to fifteen percent (15%) of the total premium that would have otherwise been paid by a county on behalf of the employee as long as the county continues to offer such insurance coverage to its employees. Amended by 2022 Tenn. Acts, ch. 1031, s 1, eff. 7/1/2022. Acts 1961, ch. 139, § 3; T.C.A., § 8-3907; T.C.A., §§ 8-4106, 8-50-203.
(a) When a county shall so approve and make available to its employees and officials such insurance protections, the employees and officials shall still have the election of accepting or rejecting such coverage.
(b) If a county employee rejects or opts out of an insurance policy offered or provided to the employee by the county under § 8-27-501(a) , the county may compensate the employee up to fifteen percent (15%) of the total premium that would have otherwise been paid by a county on behalf of the employee as long as the county continues to offer such insurance coverage to its employees.
Amended by 2022 Tenn. Acts, ch. 1031, s 1, eff. 7/1/2022.
Acts 1961, ch. 139, § 3; T.C.A., § 8-3907; T.C.A., §§ 8-4106, 8-50-203.
Tenn. Code Ann. § 8-21-1001 — TN Code / Title 8 / Chapter 21 / Section 8-21-1001
Registers
Status: in_force

(a) As used in this section: (1) "Document" means the entire writing offered for registration in the office of the register, which may contain one (1) or more instruments as defined herein; and (2) "Instrument" means a legal writing that gives formal expression to or evidence of a complete legal act or agreement requiring a separate index entry. For example, a document that contains a deed and a release of a deed of trust contains two (2) instruments, and a document that contains three (3) assignments contains three (3) instruments. (b) The registers of this state are entitled to demand and receive for their services in registering documents the following fees, and none other: (1) For military discharge .................... No Charge (2) For each plat, map or survey .................... $15.00 (3) For each document that may be registered, other than documents filed pursuant to the Uniform Commercial Code, compiled in title 47, chapters 1-9, and other than a military discharge, plat, map or survey, page size not to exceed 8½" x 14" .................... $10.00 (4) For each instrument in a document in excess of one (1) instrument .................... $5.00 (5) For each page in a document in excess of two (2) pages, not to exceed 8½" x 14" .................... $5.00 (6) For a certified copy of a plat, map or survey .................... $5.00 (7) For a certified copy of a document other than a plat, map or survey, page size not to exceed 8½" x 14", per page .................... $1.00 (c) Except for instruments filed under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the register of each county is entitled to demand and receive for such register's services a fee of two dollars ($2.00) for each instrument recorded or filed in such register's office. (d) The fees collected pursuant to subsection (c) and the fees collected by the register as a result of the increase in fees for the filing or recording of Uniform Commercial Code documents from ten dollars ($10.00) to twelve dollars ($12.00) for each such fee charged pursuant to title 47, chapter 9, part 5, shall be allocated by such register's county for the purchase of computer equipment and software, upgrades to computer equipment and software, and supplies, maintenance and services relating to computer equipment and software, for use in the register's office; provided, that the expenditure of these additional fees shall not be earmarked in any county that on July 1, 1998, was authorized under prior law to charge an additional recording fee of one dollar ($1.00) or two dollars ($2.00) for each document filed or recorded in the register's office that was not earmarked for a particular purpose. (e) All private act provisions authorizing registration or recording fees to be charged by the county register in amounts additional to those authorized by general law are superseded. (f) The county register shall not be entitled to demand and receive any fees for notices of liens for overdue child or spousal support or releases of same entered into a computer system with a terminal in the county register's office by the department of human services pursuant to § 36-5-901(b)(3) . (g) (1) In addition to any other fee permitted in this section or by law, the register of any county having a population of not less than thirty-three thousand ten (33,010) nor more than thirty-three thousand five hundred (33,500), according to the 1990 federal census or any subsequent federal census, may demand and receive for such register's services a fee of two dollars ($2.00) for data processing for each document recorded in such register's office. Such fees shall be allocated by the county for the purchase of computer equipment, upgrades, imaging systems, supplies, and maintenance used in the operation of the register's office. (2) This subsection (g) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. (h) (1) In any county having a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), or in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, the register shall waive and exempt all recording fees for official government documents filed on behalf of the county by county public officials in the course of their official duties. (2) Subdivision (h)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. (i) (1) Notwithstanding any provision of this section or other law to the contrary, any revenue collected from data processing fees above an amount necessary to purchase computer equipment and software, upgrades to computer equipment and software, and supplies, maintenance and services relating to computer equipment and software by a register in any county having a population of: not less than nor more than 26,700............................... 26,800 31,300.............................. 31,400 69,400.............................. 69,500 182,000............................ 182,100 307,800........................... 307,900 according to the 2000 federal census or any subsequent federal census, may be utilized for other purposes directly related to the official function of such office. (2) Prior to any purchase relating to the official function of the register from revenue collected above an amount necessary for purchasing, upgrading, supplying and maintaining computer equipment and software by the register's office as provided in subdivision (i)(1), the register shall obtain the approval of the county legislative body for such purchase. (3) This subsection (i) shall only be effective in any county to which this subsection (i) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county. (j) (1) In addition to any other fee permitted in this section or by law, the register of any county may demand and receive for such register's services a two-dollar electronic filing (efile) submission fee for each electronically filed document which is recorded over the internet through such register's county electronic filing portal. (2) The register shall waive and exempt all electronic filing submission fees authorized pursuant to subdivision (j)(1) for official government documents filed by local, state, or federal government entities of the United States in the course of their official government business. (3) This subsection (j) shall only be effective in any county to which this subsection (j) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county. Acts 1871, ch. 41, § 1; 1875, ch. 142, § 4; 1877, ch. 23, § 6; 1877, ch. 83, § 5; 1879, ch. 65, § 1; 1883, ch. 253, §§ 3, 4; 1889, ch. 103, § 1; 1893, ch. 146, § 4; 1895, ch. 24, § 2; 1897, ch. 96, §§ 3, 4; 1899, ch. 184, §§ 1, 2; 1901, ch. 64, § 1; 1905, ch. 6, § 4; 1911, ch. 19, § 3; 1911, ch. 67, § 2; 1915, ch. 25, § 2; 1915, ch. 131, § 7; Shan., § 6427; mod. Code 1932, § 10722; Acts 1951, ch. 159, § 1; 1953, ch. 115, § 1; 1957, ch. 357, § 1; 1967, ch. 277, § 1; 1968, ch. 523, § 1 (17.02); 1968, ch. 572, § 1; 1971, ch. 125, § 1; 1974, ch. 578, §§ 1, 2; 1976, ch. 653, § 1; 1979, ch. 395, § 1; T.C.A. (orig. ed.), § 8-2138; Acts 1981, ch. 57, § 1; 1981, ch. 379, § 1; 1982, ch. 842, § 1; 1983, ch. 11, § 1; 1985, ch. 479, §§ 1-5; 1988, ch. 636, §§ 1-5, 20; 1992, ch. 672, §§ 1, 2; 1992, ch. 983, § 1; 1996, ch. 1010, § 1; 1997 , ch. 23, § 1; 1997 , ch. 152, § 1; 1997 , ch. 189, § 1; 1998, ch. 870, § 1; 1998, ch. 872, § 1; 1999, ch. 137, §§ 1, 2; 2000, ch. 846, §§ 24, 33, 34; 2003 , ch. 34, § 1; 2006, ch. 527, § 1; 2009 , ch. 150, § 1; 2009 , ch. 296, § 1; 2010 , ch. 722, § 1; 2010 , ch. 1053, § 1.
(a) As used in this section: (1) "Document" means the entire writing offered for registration in the office of the register, which may contain one (1) or more instruments as defined herein; and (2) "Instrument" means a legal writing that gives formal expression to or evidence of a complete legal act or agreement requiring a separate index entry. For example, a document that contains a deed and a release of a deed of trust contains two (2) instruments, and a document that contains three (3) assignments contains three (3) instruments.
(1) "Document" means the entire writing offered for registration in the office of the register, which may contain one (1) or more instruments as defined herein; and
(2) "Instrument" means a legal writing that gives formal expression to or evidence of a complete legal act or agreement requiring a separate index entry. For example, a document that contains a deed and a release of a deed of trust contains two (2) instruments, and a document that contains three (3) assignments contains three (3) instruments.
(b) The registers of this state are entitled to demand and receive for their services in registering documents the following fees, and none other: (1) For military discharge .................... No Charge (2) For each plat, map or survey .................... $15.00 (3) For each document that may be registered, other than documents filed pursuant to the Uniform Commercial Code, compiled in title 47, chapters 1-9, and other than a military discharge, plat, map or survey, page size not to exceed 8½" x 14" .................... $10.00 (4) For each instrument in a document in excess of one (1) instrument .................... $5.00 (5) For each page in a document in excess of two (2) pages, not to exceed 8½" x 14" .................... $5.00 (6) For a certified copy of a plat, map or survey .................... $5.00 (7) For a certified copy of a document other than a plat, map or survey, page size not to exceed 8½" x 14", per page .................... $1.00
(1) For military discharge .................... No Charge
(2) For each plat, map or survey .................... $15.00
(3) For each document that may be registered, other than documents filed pursuant to the Uniform Commercial Code, compiled in title 47, chapters 1-9, and other than a military discharge, plat, map or survey, page size not to exceed 8½" x 14" .................... $10.00
(4) For each instrument in a document in excess of one (1) instrument .................... $5.00
(5) For each page in a document in excess of two (2) pages, not to exceed 8½" x 14" .................... $5.00
(6) For a certified copy of a plat, map or survey .................... $5.00
(7) For a certified copy of a document other than a plat, map or survey, page size not to exceed 8½" x 14", per page .................... $1.00
(c) Except for instruments filed under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the register of each county is entitled to demand and receive for such register's services a fee of two dollars ($2.00) for each instrument recorded or filed in such register's office.
(d) The fees collected pursuant to subsection (c) and the fees collected by the register as a result of the increase in fees for the filing or recording of Uniform Commercial Code documents from ten dollars ($10.00) to twelve dollars ($12.00) for each such fee charged pursuant to title 47, chapter 9, part 5, shall be allocated by such register's county for the purchase of computer equipment and software, upgrades to computer equipment and software, and supplies, maintenance and services relating to computer equipment and software, for use in the register's office; provided, that the expenditure of these additional fees shall not be earmarked in any county that on July 1, 1998, was authorized under prior law to charge an additional recording fee of one dollar ($1.00) or two dollars ($2.00) for each document filed or recorded in the register's office that was not earmarked for a particular purpose.
(e) All private act provisions authorizing registration or recording fees to be charged by the county register in amounts additional to those authorized by general law are superseded.
(f) The county register shall not be entitled to demand and receive any fees for notices of liens for overdue child or spousal support or releases of same entered into a computer system with a terminal in the county register's office by the department of human services pursuant to § 36-5-901(b)(3) .
(g) (1) In addition to any other fee permitted in this section or by law, the register of any county having a population of not less than thirty-three thousand ten (33,010) nor more than thirty-three thousand five hundred (33,500), according to the 1990 federal census or any subsequent federal census, may demand and receive for such register's services a fee of two dollars ($2.00) for data processing for each document recorded in such register's office. Such fees shall be allocated by the county for the purchase of computer equipment, upgrades, imaging systems, supplies, and maintenance used in the operation of the register's office. (2) This subsection (g) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply.
(1) In addition to any other fee permitted in this section or by law, the register of any county having a population of not less than thirty-three thousand ten (33,010) nor more than thirty-three thousand five hundred (33,500), according to the 1990 federal census or any subsequent federal census, may demand and receive for such register's services a fee of two dollars ($2.00) for data processing for each document recorded in such register's office. Such fees shall be allocated by the county for the purchase of computer equipment, upgrades, imaging systems, supplies, and maintenance used in the operation of the register's office.
(2) This subsection (g) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply.
(h) (1) In any county having a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), or in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, the register shall waive and exempt all recording fees for official government documents filed on behalf of the county by county public officials in the course of their official duties. (2) Subdivision (h)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply.
(1) In any county having a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), or in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, the register shall waive and exempt all recording fees for official government documents filed on behalf of the county by county public officials in the course of their official duties.
(2) Subdivision (h)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply.
(i) (1) Notwithstanding any provision of this section or other law to the contrary, any revenue collected from data processing fees above an amount necessary to purchase computer equipment and software, upgrades to computer equipment and software, and supplies, maintenance and services relating to computer equipment and software by a register in any county having a population of: not less than nor more than 26,700............................... 26,800 31,300.............................. 31,400 69,400.............................. 69,500 182,000............................ 182,100 307,800........................... 307,900 according to the 2000 federal census or any subsequent federal census, may be utilized for other purposes directly related to the official function of such office. (2) Prior to any purchase relating to the official function of the register from revenue collected above an amount necessary for purchasing, upgrading, supplying and maintaining computer equipment and software by the register's office as provided in subdivision (i)(1), the register shall obtain the approval of the county legislative body for such purchase. (3) This subsection (i) shall only be effective in any county to which this subsection (i) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.
(1) Notwithstanding any provision of this section or other law to the contrary, any revenue collected from data processing fees above an amount necessary to purchase computer equipment and software, upgrades to computer equipment and software, and supplies, maintenance and services relating to computer equipment and software by a register in any county having a population of: not less than nor more than 26,700............................... 26,800 31,300.............................. 31,400 69,400.............................. 69,500 182,000............................ 182,100 307,800........................... 307,900 according to the 2000 federal census or any subsequent federal census, may be utilized for other purposes directly related to the official function of such office.
not less than nor more than 26,700............................... 26,800 31,300.............................. 31,400 69,400.............................. 69,500 182,000............................ 182,100 307,800........................... 307,900
not less than
nor more than
26,700...............................
26,800
31,300..............................
31,400
69,400..............................
69,500
182,000............................
182,100
307,800...........................
307,900
according to the 2000 federal census or any subsequent federal census, may be utilized for other purposes directly related to the official function of such office.
(2) Prior to any purchase relating to the official function of the register from revenue collected above an amount necessary for purchasing, upgrading, supplying and maintaining computer equipment and software by the register's office as provided in subdivision (i)(1), the register shall obtain the approval of the county legislative body for such purchase.
(3) This subsection (i) shall only be effective in any county to which this subsection (i) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.
(j) (1) In addition to any other fee permitted in this section or by law, the register of any county may demand and receive for such register's services a two-dollar electronic filing (efile) submission fee for each electronically filed document which is recorded over the internet through such register's county electronic filing portal. (2) The register shall waive and exempt all electronic filing submission fees authorized pursuant to subdivision (j)(1) for official government documents filed by local, state, or federal government entities of the United States in the course of their official government business. (3) This subsection (j) shall only be effective in any county to which this subsection (j) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.
(1) In addition to any other fee permitted in this section or by law, the register of any county may demand and receive for such register's services a two-dollar electronic filing (efile) submission fee for each electronically filed document which is recorded over the internet through such register's county electronic filing portal.
(2) The register shall waive and exempt all electronic filing submission fees authorized pursuant to subdivision (j)(1) for official government documents filed by local, state, or federal government entities of the United States in the course of their official government business.
(3) This subsection (j) shall only be effective in any county to which this subsection (j) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.
Acts 1871, ch. 41, § 1; 1875, ch. 142, § 4; 1877, ch. 23, § 6; 1877, ch. 83, § 5; 1879, ch. 65, § 1; 1883, ch. 253, §§ 3, 4; 1889, ch. 103, § 1; 1893, ch. 146, § 4; 1895, ch. 24, § 2; 1897, ch. 96, §§ 3, 4; 1899, ch. 184, §§ 1, 2; 1901, ch. 64, § 1; 1905, ch. 6, § 4; 1911, ch. 19, § 3; 1911, ch. 67, § 2; 1915, ch. 25, § 2; 1915, ch. 131, § 7; Shan., § 6427; mod. Code 1932, § 10722; Acts 1951, ch. 159, § 1; 1953, ch. 115, § 1; 1957, ch. 357, § 1; 1967, ch. 277, § 1; 1968, ch. 523, § 1 (17.02); 1968, ch. 572, § 1; 1971, ch. 125, § 1; 1974, ch. 578, §§ 1, 2; 1976, ch. 653, § 1; 1979, ch. 395, § 1; T.C.A. (orig. ed.), § 8-2138; Acts 1981, ch. 57, § 1; 1981, ch. 379, § 1; 1982, ch. 842, § 1; 1983, ch. 11, § 1; 1985, ch. 479, §§ 1-5; 1988, ch. 636, §§ 1-5, 20; 1992, ch. 672, §§ 1, 2; 1992, ch. 983, § 1; 1996, ch. 1010, § 1; 1997 , ch. 23, § 1; 1997 , ch. 152, § 1; 1997 , ch. 189, § 1; 1998, ch. 870, § 1; 1998, ch. 872, § 1; 1999, ch. 137, §§ 1, 2; 2000, ch. 846, §§ 24, 33, 34; 2003 , ch. 34, § 1; 2006, ch. 527, § 1; 2009 , ch. 150, § 1; 2009 , ch. 296, § 1; 2010 , ch. 722, § 1; 2010 , ch. 1053, § 1.
Tenn. Code Ann. § 8-36-819 — TN Code / Title 8 / Chapter 36 / Section 8-36-819
Limitations on switching reemployment provisions
Status: in_force

Within a one-year period, a retiree who is reemployed in a position covered by the Tennessee consolidated retirement system pursuant to this part must not: (1) Switch from one (1) reemployment provision under this part to another; or (2) Simultaneously be reemployed under more than one (1) reemployment provision under this part. Added by 2023 Tenn. Acts, ch. 387, s 1, eff. 7/1/2023.
Within a one-year period, a retiree who is reemployed in a position covered by the Tennessee consolidated retirement system pursuant to this part must not:
(1) Switch from one (1) reemployment provision under this part to another; or
(2) Simultaneously be reemployed under more than one (1) reemployment provision under this part.
Added by 2023 Tenn. Acts, ch. 387, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 8-2-102 — TN Code / Title 8 / Chapter 2 / Section 8-2-102
Speaker of senate to be lieutenant governor
Status: in_force

As provided by the Constitution of Tennessee, the speaker of the senate shall in all cases be the lieutenant governor and entitled to exercise the powers and duties appertaining to that office and to enjoy and use the title "Lieutenant Governor of the State of Tennessee." The office of lieutenant governor provided for in this chapter shall constitute a separate office from that of speaker of the senate and any person holding such office shall do so until a successor is elected and qualified, such official being hereby declared to be a civil officer subject to the Constitution of Tennessee, Article VII, § 5 as to term of office. Acts 1951, ch. 49, § 2 (Williams, § 187.3); 1965, ch. 351, § 1; T.C.A. (orig. ed.), § 8-202.
As provided by the Constitution of Tennessee, the speaker of the senate shall in all cases be the lieutenant governor and entitled to exercise the powers and duties appertaining to that office and to enjoy and use the title "Lieutenant Governor of the State of Tennessee." The office of lieutenant governor provided for in this chapter shall constitute a separate office from that of speaker of the senate and any person holding such office shall do so until a successor is elected and qualified, such official being hereby declared to be a civil officer subject to the Constitution of Tennessee, Article VII, § 5 as to term of office.
Acts 1951, ch. 49, § 2 (Williams, § 187.3); 1965, ch. 351, § 1; T.C.A. (orig. ed.), § 8-202.
Tenn. Code Ann. § 8-8-404 — TN Code / Title 8 / Chapter 8 / Section 8-8-404
Creation of civil service board
Status: in_force

There is created a civil service board composed of three (3) members selected by the county legislative body. Acts 1974, ch. 751, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-843.
There is created a civil service board composed of three (3) members selected by the county legislative body.
Acts 1974, ch. 751, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-843.
Tenn. Code Ann. § 8-25-303 — TN Code / Title 8 / Chapter 25 / Section 8-25-303
Employer matching authorized
Status: in_force

(a) (1) Subject to subsection (c), the state shall provide for employer matching of contributions to the plan on behalf of participating state employees who are eligible to participate in the Tennessee consolidated retirement system, or the optional retirement program established pursuant to part 2 of this chapter, and on behalf of participating seasonal or temporary state employees under twenty-five (25) years of age who are paid on the centralized state payroll system. Notwithstanding § 8-35-111 , beginning on July 1, 2021, any such employer match shall equal one hundred percent (100%) of the amount contributed by each state employee to the plan per month, up to a maximum of fifty dollars ($50.00) per month or, alternatively, up to a higher maximum that may be specifically prescribed in the annual general appropriations act. Subject to the approval of the department of finance and administration, state employees, other than employees of an institution of higher education, may elect in the manner prescribed by the state treasurer to have the employer matching based on the amount contributed by the employee from the employee's longevity pay in lieu of the monthly matches as otherwise provided in this subsection (a). If the employee makes the election, the employer match shall equal the amount contributed by the state employee from the employee's longevity pay, up to the maximum annualized employer match that could have been made had the match been made on a monthly basis. Subject to the approval of a state supported institution of higher education, employees of that institution may elect in the manner and under the conditions provided in this subsection (a) to have the employer matching based on the amount contributed by the employees from the employees' longevity pay in lieu of the monthly matches as otherwise provided in this subsection (a). (2) Notwithstanding subdivision (a)(1) or any other law to the contrary, for fiscal years beginning on July 1, 2010, and July 1, 2011, the state may provide for employer matching of contributions to the plan on behalf of eligible, participating state employees. The amount, if any, provided by the state for employer matching contributions shall be specifically prescribed in the general appropriations act each such year. (3) Notwithstanding subdivision (a)(1) or another law to the contrary, for the fiscal year beginning on July 1, 2022, the state employer match equals two hundred percent (200%) of the amount contributed by each state employee to the plan per month, up to a maximum of one hundred dollars ($100) per month. In subsequent fiscal years, the employer match reverts to the calculation described in subdivision (a)(1). (4) Notwithstanding subdivision (a)(1) or another law to the contrary, for the fiscal year beginning on July 1, 2023, the state employer match equals one hundred percent (100%) of the amount contributed by each state employee to the plan per month, up to a maximum of one hundred dollars ($100) per month. In subsequent fiscal years, the employer match reverts to the calculation described in subdivision (a)(1). (b) Notwithstanding this or any other provision to the contrary, the amount of the employer matching shall not exceed the maximum allowed under the Internal Revenue Code (26 U.S.C.) and shall conform to all applicable laws, rules and regulations of the internal revenue service governing profit sharing and/or salary reduction plans for state employees. (c) It is the legislative intent that the employer match pursuant to this section shall be provided each fiscal year as the general appropriations act sets forth the dollar amount to be matched and contains an appropriation to provide for such matching amount. Further, it is the legislative intent that the amount, terms and conditions of any employer matching of contributions pursuant to subsection (a) for employees of institutions of higher education shall be governed in accordance with the same provisions affecting state employees who are paid on the centralized state payroll system. Notwithstanding this subsection (c), an institution of higher education may authorize the employees of that institution to elect to have the employer matching based on the amount contributed by the employees from the employees' longevity pay in accordance with subsection (a) regardless of whether the matching is authorized for employees who are paid on the centralized state payroll system. Amended by 2023 Tenn. Acts, ch. 420, s 1, eff. 5/11/2023. Amended by 2022 Tenn. Acts, ch. 1131, s 2, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 416, s 1, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 962, s 19, eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 118, s 2, eff. 4/10/2015. Acts 1982, ch. 680, § 1; 1983, ch. 282, § 7; 1993, ch. 67, § 9; 1995, ch. 523, § 1; 2005, ch. 491, §§ 1, 2; 2006, ch. 870, § 5; 2006, ch. 982, § 3; 2007 , ch. 184, §§ 2 - 4; 2008 , ch. 674, § 2; 2010 , ch. 1135, § 5.
(a) (1) Subject to subsection (c), the state shall provide for employer matching of contributions to the plan on behalf of participating state employees who are eligible to participate in the Tennessee consolidated retirement system, or the optional retirement program established pursuant to part 2 of this chapter, and on behalf of participating seasonal or temporary state employees under twenty-five (25) years of age who are paid on the centralized state payroll system. Notwithstanding § 8-35-111 , beginning on July 1, 2021, any such employer match shall equal one hundred percent (100%) of the amount contributed by each state employee to the plan per month, up to a maximum of fifty dollars ($50.00) per month or, alternatively, up to a higher maximum that may be specifically prescribed in the annual general appropriations act. Subject to the approval of the department of finance and administration, state employees, other than employees of an institution of higher education, may elect in the manner prescribed by the state treasurer to have the employer matching based on the amount contributed by the employee from the employee's longevity pay in lieu of the monthly matches as otherwise provided in this subsection (a). If the employee makes the election, the employer match shall equal the amount contributed by the state employee from the employee's longevity pay, up to the maximum annualized employer match that could have been made had the match been made on a monthly basis. Subject to the approval of a state supported institution of higher education, employees of that institution may elect in the manner and under the conditions provided in this subsection (a) to have the employer matching based on the amount contributed by the employees from the employees' longevity pay in lieu of the monthly matches as otherwise provided in this subsection (a). (2) Notwithstanding subdivision (a)(1) or any other law to the contrary, for fiscal years beginning on July 1, 2010, and July 1, 2011, the state may provide for employer matching of contributions to the plan on behalf of eligible, participating state employees. The amount, if any, provided by the state for employer matching contributions shall be specifically prescribed in the general appropriations act each such year. (3) Notwithstanding subdivision (a)(1) or another law to the contrary, for the fiscal year beginning on July 1, 2022, the state employer match equals two hundred percent (200%) of the amount contributed by each state employee to the plan per month, up to a maximum of one hundred dollars ($100) per month. In subsequent fiscal years, the employer match reverts to the calculation described in subdivision (a)(1). (4) Notwithstanding subdivision (a)(1) or another law to the contrary, for the fiscal year beginning on July 1, 2023, the state employer match equals one hundred percent (100%) of the amount contributed by each state employee to the plan per month, up to a maximum of one hundred dollars ($100) per month. In subsequent fiscal years, the employer match reverts to the calculation described in subdivision (a)(1).
(1) Subject to subsection (c), the state shall provide for employer matching of contributions to the plan on behalf of participating state employees who are eligible to participate in the Tennessee consolidated retirement system, or the optional retirement program established pursuant to part 2 of this chapter, and on behalf of participating seasonal or temporary state employees under twenty-five (25) years of age who are paid on the centralized state payroll system. Notwithstanding § 8-35-111 , beginning on July 1, 2021, any such employer match shall equal one hundred percent (100%) of the amount contributed by each state employee to the plan per month, up to a maximum of fifty dollars ($50.00) per month or, alternatively, up to a higher maximum that may be specifically prescribed in the annual general appropriations act. Subject to the approval of the department of finance and administration, state employees, other than employees of an institution of higher education, may elect in the manner prescribed by the state treasurer to have the employer matching based on the amount contributed by the employee from the employee's longevity pay in lieu of the monthly matches as otherwise provided in this subsection (a). If the employee makes the election, the employer match shall equal the amount contributed by the state employee from the employee's longevity pay, up to the maximum annualized employer match that could have been made had the match been made on a monthly basis. Subject to the approval of a state supported institution of higher education, employees of that institution may elect in the manner and under the conditions provided in this subsection (a) to have the employer matching based on the amount contributed by the employees from the employees' longevity pay in lieu of the monthly matches as otherwise provided in this subsection (a).
(2) Notwithstanding subdivision (a)(1) or any other law to the contrary, for fiscal years beginning on July 1, 2010, and July 1, 2011, the state may provide for employer matching of contributions to the plan on behalf of eligible, participating state employees. The amount, if any, provided by the state for employer matching contributions shall be specifically prescribed in the general appropriations act each such year.
(3) Notwithstanding subdivision (a)(1) or another law to the contrary, for the fiscal year beginning on July 1, 2022, the state employer match equals two hundred percent (200%) of the amount contributed by each state employee to the plan per month, up to a maximum of one hundred dollars ($100) per month. In subsequent fiscal years, the employer match reverts to the calculation described in subdivision (a)(1).
(4) Notwithstanding subdivision (a)(1) or another law to the contrary, for the fiscal year beginning on July 1, 2023, the state employer match equals one hundred percent (100%) of the amount contributed by each state employee to the plan per month, up to a maximum of one hundred dollars ($100) per month. In subsequent fiscal years, the employer match reverts to the calculation described in subdivision (a)(1).
(b) Notwithstanding this or any other provision to the contrary, the amount of the employer matching shall not exceed the maximum allowed under the Internal Revenue Code (26 U.S.C.) and shall conform to all applicable laws, rules and regulations of the internal revenue service governing profit sharing and/or salary reduction plans for state employees.
(c) It is the legislative intent that the employer match pursuant to this section shall be provided each fiscal year as the general appropriations act sets forth the dollar amount to be matched and contains an appropriation to provide for such matching amount. Further, it is the legislative intent that the amount, terms and conditions of any employer matching of contributions pursuant to subsection (a) for employees of institutions of higher education shall be governed in accordance with the same provisions affecting state employees who are paid on the centralized state payroll system. Notwithstanding this subsection (c), an institution of higher education may authorize the employees of that institution to elect to have the employer matching based on the amount contributed by the employees from the employees' longevity pay in accordance with subsection (a) regardless of whether the matching is authorized for employees who are paid on the centralized state payroll system.
Amended by 2023 Tenn. Acts, ch. 420, s 1, eff. 5/11/2023.
Amended by 2022 Tenn. Acts, ch. 1131, s 2, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 416, s 1, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 962, s 19, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 118, s 2, eff. 4/10/2015.
Acts 1982, ch. 680, § 1; 1983, ch. 282, § 7; 1993, ch. 67, § 9; 1995, ch. 523, § 1; 2005, ch. 491, §§ 1, 2; 2006, ch. 870, § 5; 2006, ch. 982, § 3; 2007 , ch. 184, §§ 2 - 4; 2008 , ch. 674, § 2; 2010 , ch. 1135, § 5.
Tenn. Code Ann. § 8-50-1102 — TN Code / Title 8 / Chapter 50 / Section 8-50-1102
Eligibility - Granting of leave
Status: in_force

(a) Eligibility for leave under this part shall be limited to those public employees who qualify as members of a United States team for athletic competition, on the world, Pan-American or Olympic level in a sport contested in either Pan-American or Olympic competitions. (b) The granting of leave under this part shall be discretionary with the public employer. (c) In order to qualify for leave under this part, a public employee must: (1) Be actively working for the public employer from whom the leave is requested at the time the request is made; (2) Request such leave of absence from the public employer a reasonable period which, whenever practicable, will be fifteen (15) days prior to the date the public employee wishes such leave to commence; (3) At the time of the request for the leave of absence: (A) Provide the public employer with the actual or anticipated dates of the competition in which the public employee expects to compete or participate, together with the dates of any official training camp period required for preparation for competition; (B) Specify the total number of days of leave that will be necessary in order for the public employee to participate in and prepare for the athletic competition or competitions involved; and (C) Submit to the public employer satisfactory evidence of qualification and selection for participation in the athletic competitions covered by this part. Acts 1989, ch. 52, § 2.
(a) Eligibility for leave under this part shall be limited to those public employees who qualify as members of a United States team for athletic competition, on the world, Pan-American or Olympic level in a sport contested in either Pan-American or Olympic competitions.
(b) The granting of leave under this part shall be discretionary with the public employer.
(c) In order to qualify for leave under this part, a public employee must: (1) Be actively working for the public employer from whom the leave is requested at the time the request is made; (2) Request such leave of absence from the public employer a reasonable period which, whenever practicable, will be fifteen (15) days prior to the date the public employee wishes such leave to commence; (3) At the time of the request for the leave of absence: (A) Provide the public employer with the actual or anticipated dates of the competition in which the public employee expects to compete or participate, together with the dates of any official training camp period required for preparation for competition; (B) Specify the total number of days of leave that will be necessary in order for the public employee to participate in and prepare for the athletic competition or competitions involved; and (C) Submit to the public employer satisfactory evidence of qualification and selection for participation in the athletic competitions covered by this part.
(1) Be actively working for the public employer from whom the leave is requested at the time the request is made;
(2) Request such leave of absence from the public employer a reasonable period which, whenever practicable, will be fifteen (15) days prior to the date the public employee wishes such leave to commence;
(3) At the time of the request for the leave of absence: (A) Provide the public employer with the actual or anticipated dates of the competition in which the public employee expects to compete or participate, together with the dates of any official training camp period required for preparation for competition; (B) Specify the total number of days of leave that will be necessary in order for the public employee to participate in and prepare for the athletic competition or competitions involved; and (C) Submit to the public employer satisfactory evidence of qualification and selection for participation in the athletic competitions covered by this part.
(A) Provide the public employer with the actual or anticipated dates of the competition in which the public employee expects to compete or participate, together with the dates of any official training camp period required for preparation for competition;
(B) Specify the total number of days of leave that will be necessary in order for the public employee to participate in and prepare for the athletic competition or competitions involved; and
(C) Submit to the public employer satisfactory evidence of qualification and selection for participation in the athletic competitions covered by this part.
Acts 1989, ch. 52, § 2.
Tenn. Code Ann. § 8-4-114 — TN Code / Title 8 / Chapter 4 / Section 8-4-114
Investigation of fraud relating to qualification for government set-aside program
Status: in_force

The comptroller of the treasury shall investigate any complaint brought to the attention of the comptroller of the treasury's office alleging a violation of § 39-14-137 . If, as a result of such investigation, the comptroller of the treasury determines that probable cause exists to believe that a violation has occurred, then the comptroller of the treasury shall submit such investigatory findings to the appropriate prosecutorial authority. Acts 1989, ch. 283, § 2; 1996, ch. 675, § 10.
The comptroller of the treasury shall investigate any complaint brought to the attention of the comptroller of the treasury's office alleging a violation of § 39-14-137 . If, as a result of such investigation, the comptroller of the treasury determines that probable cause exists to believe that a violation has occurred, then the comptroller of the treasury shall submit such investigatory findings to the appropriate prosecutorial authority.
Acts 1989, ch. 283, § 2; 1996, ch. 675, § 10.
Tenn. Code Ann. § 8-4-117 — TN Code / Title 8 / Chapter 4 / Section 8-4-117
Determination of state and local expenditures for indigent care and available federal resources
Status: in_force

The comptroller of the treasury is directed to determine all state and local government expenditures for the care of indigent persons and all federal resources available to the state for the care of indigent persons. Acts 2006, ch. 807, § 1.
The comptroller of the treasury is directed to determine all state and local government expenditures for the care of indigent persons and all federal resources available to the state for the care of indigent persons.
Acts 2006, ch. 807, § 1.
Tenn. Code Ann. § 8-16-307 — TN Code / Title 8 / Chapter 16 / Section 8-16-307
Performance of notarial acts
Status: in_force

An online notary public: (1) Is a notary public for purposes of this chapter, is subject to this chapter, and must be appointed and commissioned as a notary public under this chapter; (2) May perform notarial acts as provided in part 1 of this chapter; and (3) May perform an online notarization, without regard to the physical location of the principal, if the notary is physically located in this state. Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
An online notary public:
(1) Is a notary public for purposes of this chapter, is subject to this chapter, and must be appointed and commissioned as a notary public under this chapter;
(2) May perform notarial acts as provided in part 1 of this chapter; and
(3) May perform an online notarization, without regard to the physical location of the principal, if the notary is physically located in this state.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
Tenn. Code Ann. § 8-12-118 — TN Code / Title 8 / Chapter 12 / Section 8-12-118
Compensation for records delivered
Status: in_force

The county legislative body, a majority of the members being present, may make the late surveyor, or such surveyor's personal representatives, compensation for the books and papers delivered over. Code 1858, § 444 (deriv. Acts 1837-1838, ch. 149, § 3); Shan., §548; Code 1932, § 800; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1218.
The county legislative body, a majority of the members being present, may make the late surveyor, or such surveyor's personal representatives, compensation for the books and papers delivered over.
Code 1858, § 444 (deriv. Acts 1837-1838, ch. 149, § 3); Shan., §548; Code 1932, § 800; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1218.
Tenn. Code Ann. § 8-34-210 — TN Code / Title 8 / Chapter 34 / Section 8-34-210
Production of records described in subpoena
Status: in_force

(a) Except as hereinafter provided, when a subpoena duces tecum is served upon any employee of the retirement system in an action or proceeding in which the retirement system is not a party, and such subpoena requires the production of all or any part of the records of the retirement system relating to any member, prior member or retiree of the retirement system, it shall be sufficient compliance therewith if the employee within fourteen (14) days after being served with a subpoena duces tecum, shall, either by personal delivery or certified or registered mail, file with the court clerk or the issuer, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy) of all records specifically described in such subpoena. (b) The records shall be accompanied by an affidavit of a custodian, stating in substance that: (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena. (c) If the retirement system has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner prescribed in this section. (d) (1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. (2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary. (3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made. (e) The personal attendance of the custodian may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of information furnished by the retirement system. Where personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads: "The procedure authorized pursuant to § 8-34-210 will not be deemed sufficient compliance with this subpoena." Acts 1990, ch. 1027, § 1.
(a) Except as hereinafter provided, when a subpoena duces tecum is served upon any employee of the retirement system in an action or proceeding in which the retirement system is not a party, and such subpoena requires the production of all or any part of the records of the retirement system relating to any member, prior member or retiree of the retirement system, it shall be sufficient compliance therewith if the employee within fourteen (14) days after being served with a subpoena duces tecum, shall, either by personal delivery or certified or registered mail, file with the court clerk or the issuer, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy) of all records specifically described in such subpoena.
(b) The records shall be accompanied by an affidavit of a custodian, stating in substance that: (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena.
(1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and
(2) The copy is a true copy of all the records described in the subpoena.
(c) If the retirement system has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner prescribed in this section.
(d) (1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. (2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary. (3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.
(1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit.
(2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary.
(3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.
(e) The personal attendance of the custodian may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of information furnished by the retirement system. Where personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads: "The procedure authorized pursuant to § 8-34-210 will not be deemed sufficient compliance with this subpoena."
"The procedure authorized pursuant to § 8-34-210 will not be deemed sufficient compliance with this subpoena."
Acts 1990, ch. 1027, § 1.
Tenn. Code Ann. § 8-14-203 — TN Code / Title 8 / Chapter 14 / Section 8-14-203
Duties
Status: in_force

It is the duty of the conference to give consideration to the enactment of such laws and rules of procedure as in its judgment may be necessary to the more effective administration of justice and thus promote peace and good order in the state. To this end, a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly. Acts 1989, ch. 588, § 13.
It is the duty of the conference to give consideration to the enactment of such laws and rules of procedure as in its judgment may be necessary to the more effective administration of justice and thus promote peace and good order in the state. To this end, a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly.
Acts 1989, ch. 588, § 13.
Tenn. Code Ann. § 8-37-110 — TN Code / Title 8 / Chapter 37 / Section 8-37-110
Delegation to treasurer of implementation of policy
Status: in_force

(a) Implementation of the policy established by the board of trustees may be delegated by the board to the state treasurer who shall put such policy into effect. (b) Subject to the delegation of the board of trustees, the state treasurer shall have full power to invest and reinvest such funds as are created by this chapter and chapters 34-36 of this title. (c) The investment committee for the board of trustees may cause the retirement system to divest, as expeditiously as possible, from an investment the system has with an entity found to be doing business with or supporting a country sanctioned by the office of foreign assets control. Any such divestment must be made in a manner consistent with § 35-14-107 , the prudent investor rule pursuant to § 35-14-103 , the standard of care pursuant to § 35-14-104 , and the applicable portions of the board of trustees' investment policy relative to asset allocations and investment strategy. The state treasurer shall report a divestment made pursuant to this section to the council on pensions. Amended by 2022 Tenn. Acts, ch. 855, s 1, eff. 4/20/2022. Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(3); Acts 1981, ch. 387, § 18.
(a) Implementation of the policy established by the board of trustees may be delegated by the board to the state treasurer who shall put such policy into effect.
(b) Subject to the delegation of the board of trustees, the state treasurer shall have full power to invest and reinvest such funds as are created by this chapter and chapters 34-36 of this title.
(c) The investment committee for the board of trustees may cause the retirement system to divest, as expeditiously as possible, from an investment the system has with an entity found to be doing business with or supporting a country sanctioned by the office of foreign assets control. Any such divestment must be made in a manner consistent with § 35-14-107 , the prudent investor rule pursuant to § 35-14-103 , the standard of care pursuant to § 35-14-104 , and the applicable portions of the board of trustees' investment policy relative to asset allocations and investment strategy. The state treasurer shall report a divestment made pursuant to this section to the council on pensions.
Amended by 2022 Tenn. Acts, ch. 855, s 1, eff. 4/20/2022.
Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(3); Acts 1981, ch. 387, § 18.
Tenn. Code Ann. § 8-18-103 — TN Code / Title 8 / Chapter 18 / Section 8-18-103
Residence of officers
Status: in_force

All officers shall reside in this state, and keep their offices at such places as are or may be designated by law. Code 1858, § 750; Shan., § 1071; Code 1932, § 1814; T.C.A. (orig. ed.), § 8-1803.
All officers shall reside in this state, and keep their offices at such places as are or may be designated by law.
Code 1858, § 750; Shan., § 1071; Code 1932, § 1814; T.C.A. (orig. ed.), § 8-1803.
Tenn. Code Ann. § 8-36-809 — TN Code / Title 8 / Chapter 36 / Section 8-36-809
Acceptance of employment as law enforcement officer without loss or suspension of retirement benefits[Repealed Effective 6/30/2025]
Status: repealed

(a) As used in this section, "law enforcement officer" means a police officer as defined in § 8-34-101 , state police officer as defined in § 8-34-101 , sheriff, or sheriff's deputy, whose primary responsibility is the prevention and detection of crime and apprehension of offenders. (b) Notwithstanding a law to the contrary, a retired member of the Tennessee consolidated retirement system or a superseded system, or 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 a law enforcement officer without the loss or suspension of the retired member's Tennessee consolidated retirement system benefits, provided that the following conditions are met: (1) The retired member, as of the date of reemployment, must have successfully completed annual training required by title 38, chapter 8, part 1, and as required by the Tennessee peace officer standards and training commission; (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 must be reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive; (4) The retired member's reemployment must not exceed one (1) year; provided, that the retired member may be reemployed for additional one-year periods if 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 shall pay 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 is not eligible to 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 shall: (A) Notify the retirement system of the member's reemployment with any documents or information required by the retirement system; and (B) Certify 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. Amended by 2023 Tenn. Acts, ch. 387, s 2, eff. 7/1/2023. Added by 2021 Tenn. Acts, ch. 499, s 1, eff. 5/25/2021.
(a) As used in this section, "law enforcement officer" means a police officer as defined in § 8-34-101 , state police officer as defined in § 8-34-101 , sheriff, or sheriff's deputy, whose primary responsibility is the prevention and detection of crime and apprehension of offenders.
(b) Notwithstanding a law to the contrary, a retired member of the Tennessee consolidated retirement system or a superseded system, or 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 a law enforcement officer without the loss or suspension of the retired member's Tennessee consolidated retirement system benefits, provided that the following conditions are met: (1) The retired member, as of the date of reemployment, must have successfully completed annual training required by title 38, chapter 8, part 1, and as required by the Tennessee peace officer standards and training commission; (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 must be reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive; (4) The retired member's reemployment must not exceed one (1) year; provided, that the retired member may be reemployed for additional one-year periods if 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 shall pay 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 is not eligible to 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 shall: (A) Notify the retirement system of the member's reemployment with any documents or information required by the retirement system; and (B) Certify 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, must have successfully completed annual training required by title 38, chapter 8, part 1, and as required by the Tennessee peace officer standards and training commission;
(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 must be reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive;
(4) The retired member's reemployment must not exceed one (1) year; provided, that the retired member may be reemployed for additional one-year periods if 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 shall pay 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 is not eligible to 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 shall: (A) Notify the retirement system of the member's reemployment with any documents or information required by the retirement system; and (B) Certify 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) Notify the retirement system of the member's reemployment with any documents or information required by the retirement system; and
(B) Certify 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.
Amended by 2023 Tenn. Acts, ch. 387, s 2, eff. 7/1/2023.
Added by 2021 Tenn. Acts, ch. 499, s 1, eff. 5/25/2021.
Tenn. Code Ann. § 8-50-807 — TN Code / Title 8 / Chapter 50 / Section 8-50-807
Termination compensation
Status: in_force

(a) (1) Each officer and employee entitled to annual leave by this part must be compensated upon termination for the officer's or employee's unused accrued annual leave, based upon the number of months the employee worked beyond the officer's or employee's service anniversary date. (2) If the termination date is prior to the service anniversary date, the officer or employee's final paycheck must be reduced to account for the number of annual days used that exceed the number of months in which the employee worked. (3) If the separated employee is rehired by the state within one (1) year of the date of separation, the state shall reinstate any accrued, unused annual leave from the previous period of employment for which the employee was not compensated at separation. (b) All persons entitled to terminal leave who are subject to retirement under the state retirement system or teachers' retirement system shall be compensated for their terminal leave prior to the effective date of their retirement. (c) All persons entitled to terminal leave at death, the compensation covering the same shall be paid to their estate or to their designated beneficiary. (d) Any employee who is dismissed or terminated from state service for gross misconduct, or who resigns from state service to avoid dismissal for gross misconduct, or who was guilty of gross misconduct prior to leaving state service, shall not be entitled to collect any of the benefits hereunder. Amended by 2023 Tenn. Acts, ch. 216, s 9, eff. 7/1/2023. Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., § 8-50-101 .
(a) (1) Each officer and employee entitled to annual leave by this part must be compensated upon termination for the officer's or employee's unused accrued annual leave, based upon the number of months the employee worked beyond the officer's or employee's service anniversary date. (2) If the termination date is prior to the service anniversary date, the officer or employee's final paycheck must be reduced to account for the number of annual days used that exceed the number of months in which the employee worked. (3) If the separated employee is rehired by the state within one (1) year of the date of separation, the state shall reinstate any accrued, unused annual leave from the previous period of employment for which the employee was not compensated at separation.
(1) Each officer and employee entitled to annual leave by this part must be compensated upon termination for the officer's or employee's unused accrued annual leave, based upon the number of months the employee worked beyond the officer's or employee's service anniversary date.
(2) If the termination date is prior to the service anniversary date, the officer or employee's final paycheck must be reduced to account for the number of annual days used that exceed the number of months in which the employee worked.
(3) If the separated employee is rehired by the state within one (1) year of the date of separation, the state shall reinstate any accrued, unused annual leave from the previous period of employment for which the employee was not compensated at separation.
(b) All persons entitled to terminal leave who are subject to retirement under the state retirement system or teachers' retirement system shall be compensated for their terminal leave prior to the effective date of their retirement.
(c) All persons entitled to terminal leave at death, the compensation covering the same shall be paid to their estate or to their designated beneficiary.
(d) Any employee who is dismissed or terminated from state service for gross misconduct, or who resigns from state service to avoid dismissal for gross misconduct, or who was guilty of gross misconduct prior to leaving state service, shall not be entitled to collect any of the benefits hereunder.
Amended by 2023 Tenn. Acts, ch. 216, s 9, eff. 7/1/2023.
Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., § 8-50-101 .
Tenn. Code Ann. § 8-36-703 — TN Code / Title 8 / Chapter 36 / Section 8-36-703
Recomputation of benefits of beneficiaries of state and teachers' superseded systems who were retired under ten-year arithmetic average
Status: in_force

Whenever a beneficiary of the Tennessee teachers' retirement system and the Tennessee state retirement system shall have been retired under a ten-year arithmetic average, the beneficiary shall have such beneficiary's benefits recomputed under a five-year arithmetic average. The recomputation shall be under the benefit provisions of the applicable superseded system. Acts 1972, ch. 814, § 13; T.C.A., § 8-3943.
Whenever a beneficiary of the Tennessee teachers' retirement system and the Tennessee state retirement system shall have been retired under a ten-year arithmetic average, the beneficiary shall have such beneficiary's benefits recomputed under a five-year arithmetic average. The recomputation shall be under the benefit provisions of the applicable superseded system.
Acts 1972, ch. 814, § 13; T.C.A., § 8-3943.
Tenn. Code Ann. § 8-13-116 — TN Code / Title 8 / Chapter 13 / Section 8-13-116
Recording official discharge from the military with register of deeds
Status: in_force

(a) The register of deeds shall record the official discharge of persons who after 1915 have served as members of the United States armed forces, the United States armed forces reserve, or the United States armed forces auxiliary. (b) The register of deeds shall, after September 1, 2010, record the official discharge of persons who have served as members of the United States armed forces, the United States armed forces reserves, or the United States armed forces auxiliary in a bound book separate from all other documents recorded in the register of deeds office in those counties that do not store documents electronically. No other public documents shall be recorded and stored in these designated books. (c) The register of deeds shall keep books which originated prior to, as well as after, September 1, 2010, and which have been designated specifically for the storage of official military discharge documents in a location not accessible to the general public, so long as the books do not contain other public documents. (d) The register of deeds, in counties that record and store documents electronically, shall not make available to the general public any display of military discharge records and shall only provide copies of such records in compliance with § 10-7-513 . Acts 2010 , ch. 797, § 2.
(a) The register of deeds shall record the official discharge of persons who after 1915 have served as members of the United States armed forces, the United States armed forces reserve, or the United States armed forces auxiliary.
(b) The register of deeds shall, after September 1, 2010, record the official discharge of persons who have served as members of the United States armed forces, the United States armed forces reserves, or the United States armed forces auxiliary in a bound book separate from all other documents recorded in the register of deeds office in those counties that do not store documents electronically. No other public documents shall be recorded and stored in these designated books.
(c) The register of deeds shall keep books which originated prior to, as well as after, September 1, 2010, and which have been designated specifically for the storage of official military discharge documents in a location not accessible to the general public, so long as the books do not contain other public documents.
(d) The register of deeds, in counties that record and store documents electronically, shall not make available to the general public any display of military discharge records and shall only provide copies of such records in compliance with § 10-7-513 .
Acts 2010 , ch. 797, § 2.
Tenn. Code Ann. § 8-50-115 — TN Code / Title 8 / Chapter 50 / Section 8-50-115
Education tuition reduction for children of state employees
Status: in_force

(a) (1) Every child in Tennessee under twenty-four (24) years of age whose parent is a full-time employee of the state or whose parent died while employed full-time or was killed on the job or in the line of duty while a full-time employee of the state shall receive a twenty-five percent (25%) reduction in the tuition at any state-operated area technical vocational school or institution of higher learning. (2) Every child in Tennessee under twenty-four (24) years of age whose parent is a retired employee of the state who retired after a minimum of twenty-five (25) years of full-time creditable service shall receive a twenty-five percent (25%) reduction in the tuition at any state-operated area technical vocational school or institution of higher learning. (b) The Tennessee higher education commission is hereby directed, authorized and empowered to promulgate and adopt such rules and regulations as are necessary to implement this section. Such rules and regulations are subject to approval by the department of human resources. (c) Any reimbursements to a state-operated institution of higher learning for the tuition discounts provided by this section shall be limited to those funds specifically appropriated for that purpose in the general appropriations act. Such reimbursement shall be limited to providing for the discount on tuition provided for in this section. Acts 1992, ch. 939, § 1; 1993, ch. 125, § 1; 1993, ch. 267, § 1; 1997, ch. 355, § 1; 2007, ch. 60.
(a) (1) Every child in Tennessee under twenty-four (24) years of age whose parent is a full-time employee of the state or whose parent died while employed full-time or was killed on the job or in the line of duty while a full-time employee of the state shall receive a twenty-five percent (25%) reduction in the tuition at any state-operated area technical vocational school or institution of higher learning. (2) Every child in Tennessee under twenty-four (24) years of age whose parent is a retired employee of the state who retired after a minimum of twenty-five (25) years of full-time creditable service shall receive a twenty-five percent (25%) reduction in the tuition at any state-operated area technical vocational school or institution of higher learning.
(1) Every child in Tennessee under twenty-four (24) years of age whose parent is a full-time employee of the state or whose parent died while employed full-time or was killed on the job or in the line of duty while a full-time employee of the state shall receive a twenty-five percent (25%) reduction in the tuition at any state-operated area technical vocational school or institution of higher learning.
(2) Every child in Tennessee under twenty-four (24) years of age whose parent is a retired employee of the state who retired after a minimum of twenty-five (25) years of full-time creditable service shall receive a twenty-five percent (25%) reduction in the tuition at any state-operated area technical vocational school or institution of higher learning.
(b) The Tennessee higher education commission is hereby directed, authorized and empowered to promulgate and adopt such rules and regulations as are necessary to implement this section. Such rules and regulations are subject to approval by the department of human resources.
(c) Any reimbursements to a state-operated institution of higher learning for the tuition discounts provided by this section shall be limited to those funds specifically appropriated for that purpose in the general appropriations act. Such reimbursement shall be limited to providing for the discount on tuition provided for in this section.
Acts 1992, ch. 939, § 1; 1993, ch. 125, § 1; 1993, ch. 267, § 1; 1997, ch. 355, § 1; 2007, ch. 60.
Tenn. Code Ann. § 8-25-213 — TN Code / Title 8 / Chapter 25 / Section 8-25-213
Effect of reemployment on other than full-time basis of person receiving benefits from optional retirement program
Status: in_force

A person returning to service on other than a full-time basis in a position covered by the optional retirement program or the Tennessee consolidated retirement system may take or continue taking distributions from the optional retirement program during the period of reemployment; provided, that the person: (1) Is subject to the applicable work and compensation limits set forth in § 8-36-805(1) and (2) ; (2) Is not eligible for additional contributions to the person's optional retirement account and shall not establish retirement credit in the retirement system for a period of the reemployment during the reemployment; and (3) Is subject to applicable federal and state laws, rules, regulations, notices and guidance, and optional retirement program plan terms relative to distributions, including, but not limited to, in-service distributions. Amended by 2023 Tenn. Acts, ch. 135, s 1, eff. 4/6/2023. Acts 2015 , ch. 118, § 1.
A person returning to service on other than a full-time basis in a position covered by the optional retirement program or the Tennessee consolidated retirement system may take or continue taking distributions from the optional retirement program during the period of reemployment; provided, that the person:
(1) Is subject to the applicable work and compensation limits set forth in § 8-36-805(1) and (2) ;
(2) Is not eligible for additional contributions to the person's optional retirement account and shall not establish retirement credit in the retirement system for a period of the reemployment during the reemployment; and
(3) Is subject to applicable federal and state laws, rules, regulations, notices and guidance, and optional retirement program plan terms relative to distributions, including, but not limited to, in-service distributions.
Amended by 2023 Tenn. Acts, ch. 135, s 1, eff. 4/6/2023.
Acts 2015 , ch. 118, § 1.
Tenn. Code Ann. § 8-35-218 — TN Code / Title 8 / Chapter 35 / Section 8-35-218
Withdrawal by political subdivision
Status: in_force

(a) Upon giving at least one (1) year's advance notice in writing to the board of trustees, a political subdivision may terminate, effective July 1 following the end of the notice period, its participation in the retirement system, under the following terms and conditions: (1) The political subdivision shall submit a resolution to withdraw from the retirement system, legally adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision; (2) The withdrawal shall apply to all departments of the political subdivision; (3) Such resolution to withdraw may be rescinded and withdrawn by a resolution legally adopted and approved by the chief legislative body of the political subdivision at any time prior to the expiration of the one-year notice period; (4) Employees who are members of the retirement system on the date such withdrawal resolution becomes effective shall continue membership in the retirement system until termination of employment, with the employer being liable for contributions and benefits as contained herein; (5) An employee who is not yet a member but is serving a probationary period pursuant to § 8-35-107 on the date the withdrawal becomes effective shall have such probationary period waived and shall have thirty (30) days to elect to participate in the retirement system with the employer being liable for contributions as herein provided; (6) Employees who are hired after the effective date of the resolution shall not be permitted to participate in the retirement system; (7) Any employee who continues participation in the Tennessee consolidated retirement system shall not be eligible to participate in any other retirement system provided by the employer; (8) Any employee who, upon termination of employment with such employer, withdraws service rendered to that employer shall not later be permitted to establish that service with the retirement system, unless the employer rejoins the retirement system pursuant to subdivision (a)(14). The establishment of such service shall be subject to § 8-37-214 ; (9) An employee of the withdrawing political subdivision shall not be permitted to retire, begin receiving a benefit, and continue working with the same employer; (10) All members participating under this section, including retired former employees, shall be entitled to benefits according to the plan as it exists for such employer on the date of withdrawal; (11) An actuarial valuation shall be completed by the system's actuary when an employer voluntarily withdraws from the retirement system pursuant to this section. The actuarial valuation shall determine the appropriate employer contributions to be made to the plan based on a level dollar contribution so as to amortize the unfunded accrued liability over a period of time established by the board of trustees, such period not to exceed a thirty-year period. The board of trustees may, at its discretion, reestablish the amortization period at any time provided such reestablished period does not exceed thirty (30) years. The level dollar contribution amount shall be remitted monthly to the retirement system. Pursuant to § 8-34-506 , the biennial valuation shall continue to be performed; (12) Employer contributions may be adjusted as frequently as monthly should such additional contributions be needed to fund the benefits of members and beneficiaries covered under this section; (13) Any liabilities resulting from this section shall be a liability of the employer and not the state. Should any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold such amount or part of such amount from any state-shared taxes which are otherwise apportioned to such employer, and any amounts so withheld shall come last from the state shared gasoline tax designated in title 54, chapter 4; (14) An employer may elect at a later date to rejoin the retirement system in accordance with § 8-35-201 ; provided, that any such resolution to rejoin shall be irrevocable and the employer shall not later be permitted to withdraw under this section. The governing body of any such employer that rejoins the retirement system may pass a resolution to permit its employees to claim service credit for service rendered during the period from the date the employer withdrew from the retirement system through the date the employer rejoined the retirement system, if the employer authorizes the credit and assumes the employer liability for such prior service. Upon the authorization and assumption of the employer liability, any employee who meets the requirements of § 8-35-203(a)(2)(A) and (B) shall be entitled to receive credit for such service by making a lump sum payment of the contributions such employee would have made had such employee been a contributory member during the period claimed, plus interest at the rate provided for in § 8-37-214 . The employer shall not have the option of paying the employee contributions required under this subdivision (a)(14); and (15) A political subdivision that withdraws its participation from the retirement system and elects to participate in the state's deferred compensation plan pursuant to § 8-25-111 , shall not be subject to the one-year advance notice requirement in this section; instead, the political subdivision shall give the board of trustees at least six (6) months advance written notice of the effective date of the withdrawal. The political subdivision shall submit a withdrawal resolution, legally adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision, at least six (6) months in advance of the political subdivision's effective date of the withdrawal, which shall be submitted on the first day of any quarter following the six-month minimum notice requirement. Such resolution to withdraw may be rescinded and withdrawn by a resolution legally adopted and approved by the chief legislative body of the political subdivision at any time prior to the expiration of the six-month notice period. (b) Upon giving at least one (1) year's advance notice in writing to the board of trustees, a hospital, nursing home, transit authority, utility, or other instrumentality that operates under the direction of its own governing board and that is not subject to the general control and administration of the chief legislative body of the political subdivision may terminate, effective July 1 following the end of the notice period, its participation in the retirement system. To terminate such participation, the following terms and conditions must be met: (1) The governing body of the instrumentality and the chief legislative body of the political subdivision shall each submit a resolution approving the withdrawal of the instrumentality from the retirement system. Both resolutions must be adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision and of the governing body of the instrumentality; (2) Either the instrumentality or the political subdivision may, by resolution legally adopted and approved by the respective governing body, rescind the resolution approving the withdrawal at any time prior to the expiration of the one-year notice period; (3) Upon the effective date of any such withdrawal resolution, the current and future employees of the instrumentality shall be subject to subdivisions (a)(4)-(9); (4) All employees of the instrumentality that continue membership in the retirement system pursuant to subdivision (a)(4) or (a)(5), including retired former employees, shall be entitled to benefits according to the plan as it exists for such instrumentality on the date of withdrawal, with the political subdivision being liable for contributions and benefits as provided in subdivisions (a)(11)-(13); and (5) The political subdivision may elect at a later date to have the instrumentality rejoin the retirement system in accordance with § 8-35-201 ; provided, that any such resolution to rejoin shall be irrevocable and the instrumentality shall not later be permitted to withdraw under this subsection (b). The employees of any such instrumentality that rejoins the retirement system may, pursuant to the terms and conditions described in subdivision (a)(14), establish service credit for service rendered during the period from the date the instrumentality withdrew from the retirement system through the date the instrumentality rejoined the retirement system. Amended by 2013 Tenn. Acts, ch. 296, s 9, eff. 4/29/2013. Acts 1983, ch. 175, § 2; 1995, ch. 164, §§ 5, 6; 2003 , ch. 12, § 6; 2005, ch. 204, § 1; 2006, ch. 870, § 15; 2010 , ch. 777, §§ 7 - 10; 2011 , ch. 140, § 9.
(a) Upon giving at least one (1) year's advance notice in writing to the board of trustees, a political subdivision may terminate, effective July 1 following the end of the notice period, its participation in the retirement system, under the following terms and conditions: (1) The political subdivision shall submit a resolution to withdraw from the retirement system, legally adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision; (2) The withdrawal shall apply to all departments of the political subdivision; (3) Such resolution to withdraw may be rescinded and withdrawn by a resolution legally adopted and approved by the chief legislative body of the political subdivision at any time prior to the expiration of the one-year notice period; (4) Employees who are members of the retirement system on the date such withdrawal resolution becomes effective shall continue membership in the retirement system until termination of employment, with the employer being liable for contributions and benefits as contained herein; (5) An employee who is not yet a member but is serving a probationary period pursuant to § 8-35-107 on the date the withdrawal becomes effective shall have such probationary period waived and shall have thirty (30) days to elect to participate in the retirement system with the employer being liable for contributions as herein provided; (6) Employees who are hired after the effective date of the resolution shall not be permitted to participate in the retirement system; (7) Any employee who continues participation in the Tennessee consolidated retirement system shall not be eligible to participate in any other retirement system provided by the employer; (8) Any employee who, upon termination of employment with such employer, withdraws service rendered to that employer shall not later be permitted to establish that service with the retirement system, unless the employer rejoins the retirement system pursuant to subdivision (a)(14). The establishment of such service shall be subject to § 8-37-214 ; (9) An employee of the withdrawing political subdivision shall not be permitted to retire, begin receiving a benefit, and continue working with the same employer; (10) All members participating under this section, including retired former employees, shall be entitled to benefits according to the plan as it exists for such employer on the date of withdrawal; (11) An actuarial valuation shall be completed by the system's actuary when an employer voluntarily withdraws from the retirement system pursuant to this section. The actuarial valuation shall determine the appropriate employer contributions to be made to the plan based on a level dollar contribution so as to amortize the unfunded accrued liability over a period of time established by the board of trustees, such period not to exceed a thirty-year period. The board of trustees may, at its discretion, reestablish the amortization period at any time provided such reestablished period does not exceed thirty (30) years. The level dollar contribution amount shall be remitted monthly to the retirement system. Pursuant to § 8-34-506 , the biennial valuation shall continue to be performed; (12) Employer contributions may be adjusted as frequently as monthly should such additional contributions be needed to fund the benefits of members and beneficiaries covered under this section; (13) Any liabilities resulting from this section shall be a liability of the employer and not the state. Should any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold such amount or part of such amount from any state-shared taxes which are otherwise apportioned to such employer, and any amounts so withheld shall come last from the state shared gasoline tax designated in title 54, chapter 4; (14) An employer may elect at a later date to rejoin the retirement system in accordance with § 8-35-201 ; provided, that any such resolution to rejoin shall be irrevocable and the employer shall not later be permitted to withdraw under this section. The governing body of any such employer that rejoins the retirement system may pass a resolution to permit its employees to claim service credit for service rendered during the period from the date the employer withdrew from the retirement system through the date the employer rejoined the retirement system, if the employer authorizes the credit and assumes the employer liability for such prior service. Upon the authorization and assumption of the employer liability, any employee who meets the requirements of § 8-35-203(a)(2)(A) and (B) shall be entitled to receive credit for such service by making a lump sum payment of the contributions such employee would have made had such employee been a contributory member during the period claimed, plus interest at the rate provided for in § 8-37-214 . The employer shall not have the option of paying the employee contributions required under this subdivision (a)(14); and (15) A political subdivision that withdraws its participation from the retirement system and elects to participate in the state's deferred compensation plan pursuant to § 8-25-111 , shall not be subject to the one-year advance notice requirement in this section; instead, the political subdivision shall give the board of trustees at least six (6) months advance written notice of the effective date of the withdrawal. The political subdivision shall submit a withdrawal resolution, legally adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision, at least six (6) months in advance of the political subdivision's effective date of the withdrawal, which shall be submitted on the first day of any quarter following the six-month minimum notice requirement. Such resolution to withdraw may be rescinded and withdrawn by a resolution legally adopted and approved by the chief legislative body of the political subdivision at any time prior to the expiration of the six-month notice period.
(1) The political subdivision shall submit a resolution to withdraw from the retirement system, legally adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision;
(2) The withdrawal shall apply to all departments of the political subdivision;
(3) Such resolution to withdraw may be rescinded and withdrawn by a resolution legally adopted and approved by the chief legislative body of the political subdivision at any time prior to the expiration of the one-year notice period;
(4) Employees who are members of the retirement system on the date such withdrawal resolution becomes effective shall continue membership in the retirement system until termination of employment, with the employer being liable for contributions and benefits as contained herein;
(5) An employee who is not yet a member but is serving a probationary period pursuant to § 8-35-107 on the date the withdrawal becomes effective shall have such probationary period waived and shall have thirty (30) days to elect to participate in the retirement system with the employer being liable for contributions as herein provided;
(6) Employees who are hired after the effective date of the resolution shall not be permitted to participate in the retirement system;
(7) Any employee who continues participation in the Tennessee consolidated retirement system shall not be eligible to participate in any other retirement system provided by the employer;
(8) Any employee who, upon termination of employment with such employer, withdraws service rendered to that employer shall not later be permitted to establish that service with the retirement system, unless the employer rejoins the retirement system pursuant to subdivision (a)(14). The establishment of such service shall be subject to § 8-37-214 ;
(9) An employee of the withdrawing political subdivision shall not be permitted to retire, begin receiving a benefit, and continue working with the same employer;
(10) All members participating under this section, including retired former employees, shall be entitled to benefits according to the plan as it exists for such employer on the date of withdrawal;
(11) An actuarial valuation shall be completed by the system's actuary when an employer voluntarily withdraws from the retirement system pursuant to this section. The actuarial valuation shall determine the appropriate employer contributions to be made to the plan based on a level dollar contribution so as to amortize the unfunded accrued liability over a period of time established by the board of trustees, such period not to exceed a thirty-year period. The board of trustees may, at its discretion, reestablish the amortization period at any time provided such reestablished period does not exceed thirty (30) years. The level dollar contribution amount shall be remitted monthly to the retirement system. Pursuant to § 8-34-506 , the biennial valuation shall continue to be performed;
(12) Employer contributions may be adjusted as frequently as monthly should such additional contributions be needed to fund the benefits of members and beneficiaries covered under this section;
(13) Any liabilities resulting from this section shall be a liability of the employer and not the state. Should any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold such amount or part of such amount from any state-shared taxes which are otherwise apportioned to such employer, and any amounts so withheld shall come last from the state shared gasoline tax designated in title 54, chapter 4;
(14) An employer may elect at a later date to rejoin the retirement system in accordance with § 8-35-201 ; provided, that any such resolution to rejoin shall be irrevocable and the employer shall not later be permitted to withdraw under this section. The governing body of any such employer that rejoins the retirement system may pass a resolution to permit its employees to claim service credit for service rendered during the period from the date the employer withdrew from the retirement system through the date the employer rejoined the retirement system, if the employer authorizes the credit and assumes the employer liability for such prior service. Upon the authorization and assumption of the employer liability, any employee who meets the requirements of § 8-35-203(a)(2)(A) and (B) shall be entitled to receive credit for such service by making a lump sum payment of the contributions such employee would have made had such employee been a contributory member during the period claimed, plus interest at the rate provided for in § 8-37-214 . The employer shall not have the option of paying the employee contributions required under this subdivision (a)(14); and
(15) A political subdivision that withdraws its participation from the retirement system and elects to participate in the state's deferred compensation plan pursuant to § 8-25-111 , shall not be subject to the one-year advance notice requirement in this section; instead, the political subdivision shall give the board of trustees at least six (6) months advance written notice of the effective date of the withdrawal. The political subdivision shall submit a withdrawal resolution, legally adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision, at least six (6) months in advance of the political subdivision's effective date of the withdrawal, which shall be submitted on the first day of any quarter following the six-month minimum notice requirement. Such resolution to withdraw may be rescinded and withdrawn by a resolution legally adopted and approved by the chief legislative body of the political subdivision at any time prior to the expiration of the six-month notice period.
(b) Upon giving at least one (1) year's advance notice in writing to the board of trustees, a hospital, nursing home, transit authority, utility, or other instrumentality that operates under the direction of its own governing board and that is not subject to the general control and administration of the chief legislative body of the political subdivision may terminate, effective July 1 following the end of the notice period, its participation in the retirement system. To terminate such participation, the following terms and conditions must be met: (1) The governing body of the instrumentality and the chief legislative body of the political subdivision shall each submit a resolution approving the withdrawal of the instrumentality from the retirement system. Both resolutions must be adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision and of the governing body of the instrumentality; (2) Either the instrumentality or the political subdivision may, by resolution legally adopted and approved by the respective governing body, rescind the resolution approving the withdrawal at any time prior to the expiration of the one-year notice period; (3) Upon the effective date of any such withdrawal resolution, the current and future employees of the instrumentality shall be subject to subdivisions (a)(4)-(9); (4) All employees of the instrumentality that continue membership in the retirement system pursuant to subdivision (a)(4) or (a)(5), including retired former employees, shall be entitled to benefits according to the plan as it exists for such instrumentality on the date of withdrawal, with the political subdivision being liable for contributions and benefits as provided in subdivisions (a)(11)-(13); and (5) The political subdivision may elect at a later date to have the instrumentality rejoin the retirement system in accordance with § 8-35-201 ; provided, that any such resolution to rejoin shall be irrevocable and the instrumentality shall not later be permitted to withdraw under this subsection (b). The employees of any such instrumentality that rejoins the retirement system may, pursuant to the terms and conditions described in subdivision (a)(14), establish service credit for service rendered during the period from the date the instrumentality withdrew from the retirement system through the date the instrumentality rejoined the retirement system.
(1) The governing body of the instrumentality and the chief legislative body of the political subdivision shall each submit a resolution approving the withdrawal of the instrumentality from the retirement system. Both resolutions must be adopted by two-thirds (2/3) of the membership of the chief legislative body of the political subdivision and of the governing body of the instrumentality;
(2) Either the instrumentality or the political subdivision may, by resolution legally adopted and approved by the respective governing body, rescind the resolution approving the withdrawal at any time prior to the expiration of the one-year notice period;
(3) Upon the effective date of any such withdrawal resolution, the current and future employees of the instrumentality shall be subject to subdivisions (a)(4)-(9);
(4) All employees of the instrumentality that continue membership in the retirement system pursuant to subdivision (a)(4) or (a)(5), including retired former employees, shall be entitled to benefits according to the plan as it exists for such instrumentality on the date of withdrawal, with the political subdivision being liable for contributions and benefits as provided in subdivisions (a)(11)-(13); and
(5) The political subdivision may elect at a later date to have the instrumentality rejoin the retirement system in accordance with § 8-35-201 ; provided, that any such resolution to rejoin shall be irrevocable and the instrumentality shall not later be permitted to withdraw under this subsection (b). The employees of any such instrumentality that rejoins the retirement system may, pursuant to the terms and conditions described in subdivision (a)(14), establish service credit for service rendered during the period from the date the instrumentality withdrew from the retirement system through the date the instrumentality rejoined the retirement system.
Amended by 2013 Tenn. Acts, ch. 296, s 9, eff. 4/29/2013.
Acts 1983, ch. 175, § 2; 1995, ch. 164, §§ 5, 6; 2003 , ch. 12, § 6; 2005, ch. 204, § 1; 2006, ch. 870, § 15; 2010 , ch. 777, §§ 7 - 10; 2011 , ch. 140, § 9.
Tenn. Code Ann. § 8-48-204 — TN Code / Title 8 / Chapter 48 / Section 8-48-204
Temporary officer acting for officer in military service
Status: in_force

Whenever any state or county officer is inducted into the military service of the United States, the duties of the office shall be discharged temporarily during the absence of such officer by some other person legally qualified to discharge the duties of the office and selected in the manner hereinafter set out as to the various offices involved. Acts 1943, ch. 4, § 2; C. Supp. 1950, § 1866.2; T.C.A. (orig. ed.), § 8-2813.
Whenever any state or county officer is inducted into the military service of the United States, the duties of the office shall be discharged temporarily during the absence of such officer by some other person legally qualified to discharge the duties of the office and selected in the manner hereinafter set out as to the various offices involved.
Acts 1943, ch. 4, § 2; C. Supp. 1950, § 1866.2; T.C.A. (orig. ed.), § 8-2813.
Tenn. Code Ann. § 8-36-110 — TN Code / Title 8 / Chapter 36 / Section 8-36-110
Rate of benefit for beneficiary with creditable service in more than one class
Status: in_force

(a) Anything in chapters 34-37 of this title to the contrary notwithstanding, if any member's creditable service includes a period or periods of service in an employment classification other than such member's classification at the time of separation from service for which the benefit provisions of chapters 34-37 of this title differ from those for such member's classification at the time of such member's separation from service, the following provisions shall be applicable in determining any retirement allowance or other benefit payable on such member's account. (b) The rate of benefit with respect to the period of creditable service in each classification shall be the rate of benefit provided under chapters 34-37 of this title for such classification. (c) (1) Any flat minimum benefit shall be determined separately with respect to each such period of creditable service, but the determination as to whether the benefit based on average final compensation or the flat minimum benefit is larger shall be made with respect to the member's total creditable service. (2) Any benefit for service as a member of the general assembly shall be computed independently of benefits for other creditable service. (d) Eligibility for any benefit payable on account of a member's death prior to retirement shall be determined on the basis of the member's most recent employment classification prior to death. (e) Upon separation from service for reasons other than death, eligibility for a retirement allowance shall be determined on the basis of the member's total creditable service, but such determination shall be made separately with respect to benefits for the period of service in each classification on the basis of the applicable eligibility requirements provided by chapters 34-37 of this title. (f) Notwithstanding the foregoing, if any member shall have rendered a period of prior service in an employment classification for which the rate of benefit is lower than the rate for such member's classification on June 30, 1972, and if under the superseded system of which such member shall have been a member, such period would have been treated as service in such member's classification in effect on June 30, 1972, such period of prior service shall be considered for the purpose of this section to be service in the classification in effect on June 30, 1972. (g) Any member, upon retiring, shall be eligible to use the aggregate number of years in all systems to qualify for retirement. Such member's benefits shall be computed under the applicable provisions of each superseded system based on the aggregate number of years in each superseded system or the Tennessee consolidated retirement system to determine such member's total benefits. The retirement allowance payable to such member shall not be less than the benefit determined on total years of service under Group 1. (h) Anything to the contrary notwithstanding, the spouse of any member or former member of the superseded Tennessee county officials' retirement system who died while in office but who had not attained the minimum number of years for retirement, but who was at least fifty-five (55) years of age at the time of death, may be eligible for a benefit under the applicable provisions of this system. Acts 1972, ch. 814, § 5; 1973, ch. 347, §§ 21, 29; 1975, ch. 315, § 11; T.C.A., § 8-3924.
(a) Anything in chapters 34-37 of this title to the contrary notwithstanding, if any member's creditable service includes a period or periods of service in an employment classification other than such member's classification at the time of separation from service for which the benefit provisions of chapters 34-37 of this title differ from those for such member's classification at the time of such member's separation from service, the following provisions shall be applicable in determining any retirement allowance or other benefit payable on such member's account.
(b) The rate of benefit with respect to the period of creditable service in each classification shall be the rate of benefit provided under chapters 34-37 of this title for such classification.
(c) (1) Any flat minimum benefit shall be determined separately with respect to each such period of creditable service, but the determination as to whether the benefit based on average final compensation or the flat minimum benefit is larger shall be made with respect to the member's total creditable service. (2) Any benefit for service as a member of the general assembly shall be computed independently of benefits for other creditable service.
(1) Any flat minimum benefit shall be determined separately with respect to each such period of creditable service, but the determination as to whether the benefit based on average final compensation or the flat minimum benefit is larger shall be made with respect to the member's total creditable service.
(2) Any benefit for service as a member of the general assembly shall be computed independently of benefits for other creditable service.
(d) Eligibility for any benefit payable on account of a member's death prior to retirement shall be determined on the basis of the member's most recent employment classification prior to death.
(e) Upon separation from service for reasons other than death, eligibility for a retirement allowance shall be determined on the basis of the member's total creditable service, but such determination shall be made separately with respect to benefits for the period of service in each classification on the basis of the applicable eligibility requirements provided by chapters 34-37 of this title.
(f) Notwithstanding the foregoing, if any member shall have rendered a period of prior service in an employment classification for which the rate of benefit is lower than the rate for such member's classification on June 30, 1972, and if under the superseded system of which such member shall have been a member, such period would have been treated as service in such member's classification in effect on June 30, 1972, such period of prior service shall be considered for the purpose of this section to be service in the classification in effect on June 30, 1972.
(g) Any member, upon retiring, shall be eligible to use the aggregate number of years in all systems to qualify for retirement. Such member's benefits shall be computed under the applicable provisions of each superseded system based on the aggregate number of years in each superseded system or the Tennessee consolidated retirement system to determine such member's total benefits. The retirement allowance payable to such member shall not be less than the benefit determined on total years of service under Group 1.
(h) Anything to the contrary notwithstanding, the spouse of any member or former member of the superseded Tennessee county officials' retirement system who died while in office but who had not attained the minimum number of years for retirement, but who was at least fifty-five (55) years of age at the time of death, may be eligible for a benefit under the applicable provisions of this system.
Acts 1972, ch. 814, § 5; 1973, ch. 347, §§ 21, 29; 1975, ch. 315, § 11; T.C.A., § 8-3924.
Tenn. Code Ann. § 8-27-806 — TN Code / Title 8 / Chapter 27 / Section 8-27-806
Part does not grant rights or privileges to other post-employment benefits
Status: in_force

Nothing in this part shall be construed to define or otherwise grant any rights or privileges to other post-employment benefits. The rights and privileges, if any, shall be governed by the terms of the state's or the local education agency's post-employment benefit plans. Amended by 2018 Tenn. Acts, ch. 631, s 10, eff. 4/2/2018. Added by 2015 Tenn. Acts, ch. 426, s 5, eff. 5/18/2015.
Nothing in this part shall be construed to define or otherwise grant any rights or privileges to other post-employment benefits. The rights and privileges, if any, shall be governed by the terms of the state's or the local education agency's post-employment benefit plans.
Amended by 2018 Tenn. Acts, ch. 631, s 10, eff. 4/2/2018.
Added by 2015 Tenn. Acts, ch. 426, s 5, eff. 5/18/2015.
Tenn. Code Ann. § 8-35-115 — TN Code / Title 8 / Chapter 35 / Section 8-35-115
Employees of boards, commissions and agencies - Credit for years of service - Terms and conditions
Status: in_force

(a) Effective July 1, 2002, all present and future employees of any self-sustaining board, commission or agency created by the supreme court of Tennessee shall participate in the Tennessee consolidated retirement system as a condition of employment and any preexisting employee pension or retirement program maintained by any such board, commission or agency shall be closed. Except as otherwise provided in this section, the membership of such employees in the retirement system shall be governed by the same terms and conditions applicable to state general employees as such term is defined in § 8-34-101 . (b) Notwithstanding any other law to the contrary, all years of service rendered by a member prior to July 1, 2002, as an employee of any board, commission or agency described in subsection (a) shall be used in determining eligibility for a service retirement allowance pursuant to § 8-36-201 , an early service retirement allowance pursuant to § 8-36-301 and for calculating the years of creditable service projection under § 8-36-501(c)(2) and (c)(3) , regardless of whether the member established such service in retirement system pursuant to subsection (c). Unless established pursuant to subsection (c), the service shall only be credited for the purpose of establishing eligibility for a service or early service retirement allowance or for calculating the years of creditable service projection under § 8-36-501(c)(2) and (c)(3) , and shall not be used for any other purpose including, but not limited to, § 8-34-605 . No benefit shall be paid on such service unless established pursuant to subsection (c). (c) Any member or retired member of the retirement system shall be entitled to establish retirement credit for previous service rendered to any board, commission or agency described in subsection (a). Notwithstanding any other law to the contrary, the establishment of such prior service shall be subject to the following terms and conditions: (1) For service rendered prior to the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency, the member or retired member must make a back payment to the retirement system equal to: (A) The amount of employee contributions such member would have made had the member been a member of the retirement system during that time; and (B) Interest on said amount at the rate provided in § 8-37-214 ; (2) For service rendered on or after the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency, the member or retired member must make a back payment to the retirement system equal to: (A) The amount of employer contributions which would have been made had the member been a member of the retirement system during that time; and (B) Interest on said amount at the rate provided in § 8-37-214 ; (3) A member or retired member applying for prior service credit under this subsection (c) for service rendered during any period from July 1, 1981 through the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any board, commission or agency described in subsection (a) must establish all prior service creditable under this section before being eligible to establish such service. Until all such service is established, no prior service credit purchased under this section shall be used in determining any rights or benefits under the retirement system until all service creditable under this subsection (c) has been established; (4) For service rendered prior to July 1, 1981, and for service rendered on or after the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency described in subsection (a), the member may establish all or a portion of such service provided that the service being established must be for service rendered most recent in time; (5) The one (1) year membership service requirement of § 8-37-214 shall not apply to service established under this subsection (c); (6) The payment required to establish the prior service credit may be made in a lump sum or through monthly installments pursuant to § 8-37-220 . Any lump sum payment to establish the service may be made through amounts transferred from any pension plan maintained on behalf of the member by any such board, commission or agency. If the member elects to establish the credit through monthly installments, no amount may be transferred from such other pension plan unless the transfer is being made to pay-off the remaining balance owed under the installment arrangement. Notwithstanding § 8-35-111 or any other law to the contrary, if the cost to establish the credit is not funded in whole or in part from amounts transferred by the member from such other pension plan, the member shall be permitted to retain ownership of such amounts without violating § 8-35-111 ; and (7) Retirement credit being established through monthly installments cannot be used in determining any rights or benefits under the retirement system until all payments for the same have been received by the retirement system. (d) Service established in accordance with this section shall be credited in Group 1 only. Acts 2002, ch. 863, § 20.
(a) Effective July 1, 2002, all present and future employees of any self-sustaining board, commission or agency created by the supreme court of Tennessee shall participate in the Tennessee consolidated retirement system as a condition of employment and any preexisting employee pension or retirement program maintained by any such board, commission or agency shall be closed. Except as otherwise provided in this section, the membership of such employees in the retirement system shall be governed by the same terms and conditions applicable to state general employees as such term is defined in § 8-34-101 .
(b) Notwithstanding any other law to the contrary, all years of service rendered by a member prior to July 1, 2002, as an employee of any board, commission or agency described in subsection (a) shall be used in determining eligibility for a service retirement allowance pursuant to § 8-36-201 , an early service retirement allowance pursuant to § 8-36-301 and for calculating the years of creditable service projection under § 8-36-501(c)(2) and (c)(3) , regardless of whether the member established such service in retirement system pursuant to subsection (c). Unless established pursuant to subsection (c), the service shall only be credited for the purpose of establishing eligibility for a service or early service retirement allowance or for calculating the years of creditable service projection under § 8-36-501(c)(2) and (c)(3) , and shall not be used for any other purpose including, but not limited to, § 8-34-605 . No benefit shall be paid on such service unless established pursuant to subsection (c).
(c) Any member or retired member of the retirement system shall be entitled to establish retirement credit for previous service rendered to any board, commission or agency described in subsection (a). Notwithstanding any other law to the contrary, the establishment of such prior service shall be subject to the following terms and conditions: (1) For service rendered prior to the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency, the member or retired member must make a back payment to the retirement system equal to: (A) The amount of employee contributions such member would have made had the member been a member of the retirement system during that time; and (B) Interest on said amount at the rate provided in § 8-37-214 ; (2) For service rendered on or after the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency, the member or retired member must make a back payment to the retirement system equal to: (A) The amount of employer contributions which would have been made had the member been a member of the retirement system during that time; and (B) Interest on said amount at the rate provided in § 8-37-214 ; (3) A member or retired member applying for prior service credit under this subsection (c) for service rendered during any period from July 1, 1981 through the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any board, commission or agency described in subsection (a) must establish all prior service creditable under this section before being eligible to establish such service. Until all such service is established, no prior service credit purchased under this section shall be used in determining any rights or benefits under the retirement system until all service creditable under this subsection (c) has been established; (4) For service rendered prior to July 1, 1981, and for service rendered on or after the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency described in subsection (a), the member may establish all or a portion of such service provided that the service being established must be for service rendered most recent in time; (5) The one (1) year membership service requirement of § 8-37-214 shall not apply to service established under this subsection (c); (6) The payment required to establish the prior service credit may be made in a lump sum or through monthly installments pursuant to § 8-37-220 . Any lump sum payment to establish the service may be made through amounts transferred from any pension plan maintained on behalf of the member by any such board, commission or agency. If the member elects to establish the credit through monthly installments, no amount may be transferred from such other pension plan unless the transfer is being made to pay-off the remaining balance owed under the installment arrangement. Notwithstanding § 8-35-111 or any other law to the contrary, if the cost to establish the credit is not funded in whole or in part from amounts transferred by the member from such other pension plan, the member shall be permitted to retain ownership of such amounts without violating § 8-35-111 ; and (7) Retirement credit being established through monthly installments cannot be used in determining any rights or benefits under the retirement system until all payments for the same have been received by the retirement system.
(1) For service rendered prior to the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency, the member or retired member must make a back payment to the retirement system equal to: (A) The amount of employee contributions such member would have made had the member been a member of the retirement system during that time; and (B) Interest on said amount at the rate provided in § 8-37-214 ;
(A) The amount of employee contributions such member would have made had the member been a member of the retirement system during that time; and
(B) Interest on said amount at the rate provided in § 8-37-214 ;
(2) For service rendered on or after the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency, the member or retired member must make a back payment to the retirement system equal to: (A) The amount of employer contributions which would have been made had the member been a member of the retirement system during that time; and (B) Interest on said amount at the rate provided in § 8-37-214 ;
(A) The amount of employer contributions which would have been made had the member been a member of the retirement system during that time; and
(B) Interest on said amount at the rate provided in § 8-37-214 ;
(3) A member or retired member applying for prior service credit under this subsection (c) for service rendered during any period from July 1, 1981 through the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any board, commission or agency described in subsection (a) must establish all prior service creditable under this section before being eligible to establish such service. Until all such service is established, no prior service credit purchased under this section shall be used in determining any rights or benefits under the retirement system until all service creditable under this subsection (c) has been established;
(4) For service rendered prior to July 1, 1981, and for service rendered on or after the effective date of the member's participation in any preexisting employee pension or retirement program maintained by any such board, commission or agency described in subsection (a), the member may establish all or a portion of such service provided that the service being established must be for service rendered most recent in time;
(5) The one (1) year membership service requirement of § 8-37-214 shall not apply to service established under this subsection (c);
(6) The payment required to establish the prior service credit may be made in a lump sum or through monthly installments pursuant to § 8-37-220 . Any lump sum payment to establish the service may be made through amounts transferred from any pension plan maintained on behalf of the member by any such board, commission or agency. If the member elects to establish the credit through monthly installments, no amount may be transferred from such other pension plan unless the transfer is being made to pay-off the remaining balance owed under the installment arrangement. Notwithstanding § 8-35-111 or any other law to the contrary, if the cost to establish the credit is not funded in whole or in part from amounts transferred by the member from such other pension plan, the member shall be permitted to retain ownership of such amounts without violating § 8-35-111 ; and
(7) Retirement credit being established through monthly installments cannot be used in determining any rights or benefits under the retirement system until all payments for the same have been received by the retirement system.
(d) Service established in accordance with this section shall be credited in Group 1 only.
Acts 2002, ch. 863, § 20.
Tenn. Code Ann. § 8-42-103 — TN Code / Title 8 / Chapter 42 / Section 8-42-103
Defense counsel for state employees
Status: in_force

(a) When a civil action for damages is commenced in any court by any person against any state employee as defined in this chapter for any acts or omissions of the state employee within the scope of the employee's employment, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain, the attorney general and reporter has the discretion to provide representation to the employee. Such representation may be provided by: (1) The attorney general and reporter's assistants; (2) Attorneys appointed by the attorney general and reporter; or (3) Payment of reasonable compensation of counsel approved by the attorney general and reporter. Attorney's compensation, court costs, and other necessary incidental expenses in connection with the action shall be paid from the funds appropriated to the attorney general and reporter pursuant to this chapter. The method of providing representation is within the sole discretion of the attorney general and reporter. Notwithstanding any law to the contrary, the attorney general and reporter is specifically authorized to appoint attorneys and to determine their compensation to fulfill the purpose of this chapter. (b) For the exclusive purpose of this section, "state employee" also includes attorneys appointed by a court, or other agency authorized by law to make such appointments, to represent an indigent when a civil action for damages is commenced against such attorney for any act or omission in the course of representing such indigent. Notwithstanding any law to the contrary, such attorney shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307 . (c) For the exclusive purpose of this section, "state employee" also includes any person who performs the functions of disciplinary counsel or other investigatory or prosecutorial functions pursuant to title 17, chapter 5 when a civil action for damages is commenced against such person for any act or omission in the course of performing the duties described in title 17, chapter 5. Notwithstanding any law to the contrary, such person shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307 . (d) For the exclusive purpose of this section, "state employee" also includes any expert witness appearing and testifying on behalf of the department of health at any administrative hearing or other similar proceeding held with respect to a disciplinary or other action against any person or entity required to be licensed, permitted, certified, or authorized by any board, council, committee, or agency created pursuant to title 63 and title 68, when a civil action for damages is commenced against such expert witness for any act or omission in the course of appearing and testifying. Notwithstanding any law to the contrary, such witness shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307 . Amended by 2013 Tenn. Acts, ch. 212, s 1, eff. 4/23/2013. Acts 1973, ch. 128, § 3; T.C.A., § 8-4203; Acts 1980, ch. 681, §1; 1983, ch. 67, §§ 1, 3; 1984, ch. 972, § 19; 1988, ch. 768, § 1; 1995, ch. 370, §2; 2012 , ch. 949, § 1.
(a) When a civil action for damages is commenced in any court by any person against any state employee as defined in this chapter for any acts or omissions of the state employee within the scope of the employee's employment, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain, the attorney general and reporter has the discretion to provide representation to the employee. Such representation may be provided by: (1) The attorney general and reporter's assistants; (2) Attorneys appointed by the attorney general and reporter; or (3) Payment of reasonable compensation of counsel approved by the attorney general and reporter. Attorney's compensation, court costs, and other necessary incidental expenses in connection with the action shall be paid from the funds appropriated to the attorney general and reporter pursuant to this chapter. The method of providing representation is within the sole discretion of the attorney general and reporter. Notwithstanding any law to the contrary, the attorney general and reporter is specifically authorized to appoint attorneys and to determine their compensation to fulfill the purpose of this chapter.
(1) The attorney general and reporter's assistants;
(2) Attorneys appointed by the attorney general and reporter; or
(3) Payment of reasonable compensation of counsel approved by the attorney general and reporter. Attorney's compensation, court costs, and other necessary incidental expenses in connection with the action shall be paid from the funds appropriated to the attorney general and reporter pursuant to this chapter. The method of providing representation is within the sole discretion of the attorney general and reporter. Notwithstanding any law to the contrary, the attorney general and reporter is specifically authorized to appoint attorneys and to determine their compensation to fulfill the purpose of this chapter.
(b) For the exclusive purpose of this section, "state employee" also includes attorneys appointed by a court, or other agency authorized by law to make such appointments, to represent an indigent when a civil action for damages is commenced against such attorney for any act or omission in the course of representing such indigent. Notwithstanding any law to the contrary, such attorney shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307 .
(c) For the exclusive purpose of this section, "state employee" also includes any person who performs the functions of disciplinary counsel or other investigatory or prosecutorial functions pursuant to title 17, chapter 5 when a civil action for damages is commenced against such person for any act or omission in the course of performing the duties described in title 17, chapter 5. Notwithstanding any law to the contrary, such person shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307 .
(d) For the exclusive purpose of this section, "state employee" also includes any expert witness appearing and testifying on behalf of the department of health at any administrative hearing or other similar proceeding held with respect to a disciplinary or other action against any person or entity required to be licensed, permitted, certified, or authorized by any board, council, committee, or agency created pursuant to title 63 and title 68, when a civil action for damages is commenced against such expert witness for any act or omission in the course of appearing and testifying. Notwithstanding any law to the contrary, such witness shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307 .
Amended by 2013 Tenn. Acts, ch. 212, s 1, eff. 4/23/2013.
Acts 1973, ch. 128, § 3; T.C.A., § 8-4203; Acts 1980, ch. 681, §1; 1983, ch. 67, §§ 1, 3; 1984, ch. 972, § 19; 1988, ch. 768, § 1; 1995, ch. 370, §2; 2012 , ch. 949, § 1.
Tenn. Code Ann. § 8-42-104 — TN Code / Title 8 / Chapter 42 / Section 8-42-104
No attorney general and reporter representation in criminal actions - Compensation - Costs
Status: in_force

(a) When a criminal action is initiated in any court by warrant, information, or indictment against any state employee, as defined in this chapter, for an act apparently done by the employee in the scope of the employee's assigned official duty, the attorney general and reporter will not represent the employee or provide representation. In the event that the criminal charges against the employee are dismissed with prejudice or in the event that the employee is acquitted at trial or upon appeal, all reasonable compensation for the employee's counsel, court costs or necessary incidental expenses, as determined by the attorney general and reporter, in connection with the action, shall be payable from the funds appropriated to the attorney general and reporter pursuant to this chapter. In the event that the charges against the employee are retired or dismissed, or the case is not prosecuted for any other reason, the attorney general and reporter may compensate such counsel for all reasonable fees and necessary incidental expenses and pay court costs in connection with the action, where the attorney general and reporter finds that the employee did act in the scope of the employee's assigned duties under apparent lawful orders or authority when the employee took the actions resulting in the institution of the criminal action. In no event shall any funds be expended for compensation for counsel, court costs or necessary incidental expenses, where the employee is convicted of any criminal offense. (b) For the exclusive purpose of this section, "state employee" includes attorneys appointed by a court, or other agency authorized by law to make such appointments, to represent an indigent when a criminal action is commenced against such attorney for any act or omission in the course of representing such indigent. When a criminal action is initiated against such an attorney, the written request shall be made by the administrative director of the courts. Notwithstanding any law to the contrary, such attorney shall not be considered to be a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307 . Acts 1980, ch. 666, § 1; 1984, ch. 972, § 19; 1988, ch. 768, § 2; 1993, ch. 66, § 10; 1995, ch. 370, § 3.
(a) When a criminal action is initiated in any court by warrant, information, or indictment against any state employee, as defined in this chapter, for an act apparently done by the employee in the scope of the employee's assigned official duty, the attorney general and reporter will not represent the employee or provide representation. In the event that the criminal charges against the employee are dismissed with prejudice or in the event that the employee is acquitted at trial or upon appeal, all reasonable compensation for the employee's counsel, court costs or necessary incidental expenses, as determined by the attorney general and reporter, in connection with the action, shall be payable from the funds appropriated to the attorney general and reporter pursuant to this chapter. In the event that the charges against the employee are retired or dismissed, or the case is not prosecuted for any other reason, the attorney general and reporter may compensate such counsel for all reasonable fees and necessary incidental expenses and pay court costs in connection with the action, where the attorney general and reporter finds that the employee did act in the scope of the employee's assigned duties under apparent lawful orders or authority when the employee took the actions resulting in the institution of the criminal action. In no event shall any funds be expended for compensation for counsel, court costs or necessary incidental expenses, where the employee is convicted of any criminal offense.
(b) For the exclusive purpose of this section, "state employee" includes attorneys appointed by a court, or other agency authorized by law to make such appointments, to represent an indigent when a criminal action is commenced against such attorney for any act or omission in the course of representing such indigent. When a criminal action is initiated against such an attorney, the written request shall be made by the administrative director of the courts. Notwithstanding any law to the contrary, such attorney shall not be considered to be a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307 .
Acts 1980, ch. 666, § 1; 1984, ch. 972, § 19; 1988, ch. 768, § 2; 1993, ch. 66, § 10; 1995, ch. 370, § 3.
Tenn. Code Ann. § 8-8-205 — TN Code / Title 8 / Chapter 8 / Section 8-8-205
Acting as attorney or security prohibited - Attorney as deputy
Status: in_force

(a) No sheriff or deputy sheriff shall appear in any court as attorney or counsel for any party, nor become security for any party in any civil suit or criminal proceeding. (b) Notwithstanding any other law to the contrary, the sheriff shall be permitted to appoint a duly licensed attorney as a special deputy sheriff, reserve deputy sheriff, or as a deputy sheriff. Code 1858, § 363; Shan., § 453; Code 1932, § 700; T.C.A. (orig. ed.), § 8-814; Acts 1988, ch. 734, § 1.
(a) No sheriff or deputy sheriff shall appear in any court as attorney or counsel for any party, nor become security for any party in any civil suit or criminal proceeding.
(b) Notwithstanding any other law to the contrary, the sheriff shall be permitted to appoint a duly licensed attorney as a special deputy sheriff, reserve deputy sheriff, or as a deputy sheriff.
Code 1858, § 363; Shan., § 453; Code 1932, § 700; T.C.A. (orig. ed.), § 8-814; Acts 1988, ch. 734, § 1.
Tenn. Code Ann. § 8-5-203 — TN Code / Title 8 / Chapter 5 / Section 8-5-203
Powers and duties of additional state treasurer - Determination of emergency
Status: in_force

(a) The person so appointed or elected shall possess all of the qualifications now required by statute for the regular state treasurer, and compensation for such person shall be fixed by the governor, but in no event shall the compensation so paid exceed that prescribed by law for the duly elected state treasurer. (b) The person so appointed or elected as additional state treasurer shall execute such bond or bonds as shall be required by the governor and as are now required by statute and shall take and subscribe to the oath required by statute. (c) (1) The decision of the governor as to the existence of an emergency caused by the incapacity or disability of the regular state treasurer shall be final and the governor shall determine when the emergency is ended. (2) The action of the governor, in determining the existence of an emergency, shall be subject to review by writ of certiorari. Acts 1949, ch. 128, § 1; C. Supp. 1950, § 219.1 (Williams, § 214.1); T.C.A. (orig. ed.), § 8-516.
(a) The person so appointed or elected shall possess all of the qualifications now required by statute for the regular state treasurer, and compensation for such person shall be fixed by the governor, but in no event shall the compensation so paid exceed that prescribed by law for the duly elected state treasurer.
(b) The person so appointed or elected as additional state treasurer shall execute such bond or bonds as shall be required by the governor and as are now required by statute and shall take and subscribe to the oath required by statute.
(c) (1) The decision of the governor as to the existence of an emergency caused by the incapacity or disability of the regular state treasurer shall be final and the governor shall determine when the emergency is ended. (2) The action of the governor, in determining the existence of an emergency, shall be subject to review by writ of certiorari.
(1) The decision of the governor as to the existence of an emergency caused by the incapacity or disability of the regular state treasurer shall be final and the governor shall determine when the emergency is ended.
(2) The action of the governor, in determining the existence of an emergency, shall be subject to review by writ of certiorari.
Acts 1949, ch. 128, § 1; C. Supp. 1950, § 219.1 (Williams, § 214.1); T.C.A. (orig. ed.), § 8-516.
Tenn. Code Ann. § 8-27-302 — TN Code / Title 8 / Chapter 27 / Section 8-27-302
Group insurance plan - Authorized components - Authority of committee - Availability of plans and voluntary benefits
Status: in_force

(a) The local education insurance committee shall approve a group insurance plan for eligible employees of local education agencies that shall consist of the following: (1) One (1) or more basic health plans as the local education insurance committee deems necessary and reasonable; and (2) Voluntary benefit plans as may be necessary and reasonable. The local education insurance committee may provide for voluntary benefits as part of the basic health plans or as separate plans. (b) The local education insurance committee is authorized to determine the premiums, benefits package, funding method, administrative procedures, eligibility provisions, and rules relating to the plans established by this section. (c) The basic health plans shall be offered to local education agencies; provided, that voluntary benefits are available only in local education agencies in which the local board votes to be responsible for the coverage costs provided for in § 8-27-303 . (d) The basic health plans provided for in subsection (a) and the equal or superior benefit plans provided for in § 8-27-303 shall be the only state-supported insurance plans for local education employees. (e) If a local education agency participates in the basic health plans provided for in subsection (a), those plans shall be the only basic health plans that the local education agency may make available to its employees. (f) Nothing in this part shall require a local education agency to make available to its employees any insurance plan approved by the local education insurance committee. (g) (1) Except as otherwise provided in subdivision (g)(5), within thirty (30) days of receipt of a written request for claims data from a local education agency (LEA), the local education insurance committee shall provide claims data for the purpose of underwriting and premium rating as described in subdivision (g)(2) if: (A) The LEA, as part of its written request for claims data, identifies the HIPAA covered entity the local education insurance committee should provide with the claims data, including contact information necessary for transmittal of the claims data; and (B) The LEA submits a confidentiality agreement from each proposed recipient along with the request, which includes the recipient's certification that it is a HIPAA covered health plan as defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.). (2) Upon the covered entity's receipt of the requested claims data, the LEA may request certification of the accuracy and completeness of the claims data by an outside independent consultant, selected and retained by the local education insurance committee. The LEA shall reimburse the state for the fees charged by the outside consultant for review and certification, pursuant to the hourly rates in the state's consulting agreement. (3) No contract or memorandum of understanding may limit the local education agency's access to claims data in a manner contrary to this subsection (g). (4) The release of claims data pursuant to this subsection (g) must meet the minimum standards established by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) and the rules and regulations promulgated by federal authorities in connection with HIPAA. (5) (A) Notwithstanding subdivision (g)(1), the thirty-day response requirement does not apply if more than ten (10) requests for claims data under this subsection (g) are pending. (B) Upon request by an LEA, the local education insurance committee shall provide information regarding pending requests and the response time. Amended by 2017 Tenn. Acts, ch. 238, s 1, eff. 4/28/2017. Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015. Acts 1976, ch. 804, § 5; T.C.A., § 8-4505; Acts 1982, ch. 914, § 2; 1985, ch. 455, § 2; 1986, ch. 574, § 1; 1991, ch. 279, § 1; 1994, ch. 966, § 1; 1997 , ch. 513, § 12; 1998, ch. 1109, § 1; 2001, ch. 58, § 2; 2010 , ch. 919, § 1; 2010 , ch. 1144, §§ 1 - 3.
(a) The local education insurance committee shall approve a group insurance plan for eligible employees of local education agencies that shall consist of the following: (1) One (1) or more basic health plans as the local education insurance committee deems necessary and reasonable; and (2) Voluntary benefit plans as may be necessary and reasonable. The local education insurance committee may provide for voluntary benefits as part of the basic health plans or as separate plans.
(1) One (1) or more basic health plans as the local education insurance committee deems necessary and reasonable; and
(2) Voluntary benefit plans as may be necessary and reasonable. The local education insurance committee may provide for voluntary benefits as part of the basic health plans or as separate plans.
(b) The local education insurance committee is authorized to determine the premiums, benefits package, funding method, administrative procedures, eligibility provisions, and rules relating to the plans established by this section.
(c) The basic health plans shall be offered to local education agencies; provided, that voluntary benefits are available only in local education agencies in which the local board votes to be responsible for the coverage costs provided for in § 8-27-303 .
(d) The basic health plans provided for in subsection (a) and the equal or superior benefit plans provided for in § 8-27-303 shall be the only state-supported insurance plans for local education employees.
(e) If a local education agency participates in the basic health plans provided for in subsection (a), those plans shall be the only basic health plans that the local education agency may make available to its employees.
(f) Nothing in this part shall require a local education agency to make available to its employees any insurance plan approved by the local education insurance committee.
(g) (1) Except as otherwise provided in subdivision (g)(5), within thirty (30) days of receipt of a written request for claims data from a local education agency (LEA), the local education insurance committee shall provide claims data for the purpose of underwriting and premium rating as described in subdivision (g)(2) if: (A) The LEA, as part of its written request for claims data, identifies the HIPAA covered entity the local education insurance committee should provide with the claims data, including contact information necessary for transmittal of the claims data; and (B) The LEA submits a confidentiality agreement from each proposed recipient along with the request, which includes the recipient's certification that it is a HIPAA covered health plan as defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.). (2) Upon the covered entity's receipt of the requested claims data, the LEA may request certification of the accuracy and completeness of the claims data by an outside independent consultant, selected and retained by the local education insurance committee. The LEA shall reimburse the state for the fees charged by the outside consultant for review and certification, pursuant to the hourly rates in the state's consulting agreement. (3) No contract or memorandum of understanding may limit the local education agency's access to claims data in a manner contrary to this subsection (g). (4) The release of claims data pursuant to this subsection (g) must meet the minimum standards established by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) and the rules and regulations promulgated by federal authorities in connection with HIPAA. (5) (A) Notwithstanding subdivision (g)(1), the thirty-day response requirement does not apply if more than ten (10) requests for claims data under this subsection (g) are pending. (B) Upon request by an LEA, the local education insurance committee shall provide information regarding pending requests and the response time.
(1) Except as otherwise provided in subdivision (g)(5), within thirty (30) days of receipt of a written request for claims data from a local education agency (LEA), the local education insurance committee shall provide claims data for the purpose of underwriting and premium rating as described in subdivision (g)(2) if: (A) The LEA, as part of its written request for claims data, identifies the HIPAA covered entity the local education insurance committee should provide with the claims data, including contact information necessary for transmittal of the claims data; and (B) The LEA submits a confidentiality agreement from each proposed recipient along with the request, which includes the recipient's certification that it is a HIPAA covered health plan as defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.).
(A) The LEA, as part of its written request for claims data, identifies the HIPAA covered entity the local education insurance committee should provide with the claims data, including contact information necessary for transmittal of the claims data; and
(B) The LEA submits a confidentiality agreement from each proposed recipient along with the request, which includes the recipient's certification that it is a HIPAA covered health plan as defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.).
(2) Upon the covered entity's receipt of the requested claims data, the LEA may request certification of the accuracy and completeness of the claims data by an outside independent consultant, selected and retained by the local education insurance committee. The LEA shall reimburse the state for the fees charged by the outside consultant for review and certification, pursuant to the hourly rates in the state's consulting agreement.
(3) No contract or memorandum of understanding may limit the local education agency's access to claims data in a manner contrary to this subsection (g).
(4) The release of claims data pursuant to this subsection (g) must meet the minimum standards established by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) and the rules and regulations promulgated by federal authorities in connection with HIPAA.
(5) (A) Notwithstanding subdivision (g)(1), the thirty-day response requirement does not apply if more than ten (10) requests for claims data under this subsection (g) are pending. (B) Upon request by an LEA, the local education insurance committee shall provide information regarding pending requests and the response time.
(A) Notwithstanding subdivision (g)(1), the thirty-day response requirement does not apply if more than ten (10) requests for claims data under this subsection (g) are pending.
(B) Upon request by an LEA, the local education insurance committee shall provide information regarding pending requests and the response time.
Amended by 2017 Tenn. Acts, ch. 238, s 1, eff. 4/28/2017.
Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015.
Acts 1976, ch. 804, § 5; T.C.A., § 8-4505; Acts 1982, ch. 914, § 2; 1985, ch. 455, § 2; 1986, ch. 574, § 1; 1991, ch. 279, § 1; 1994, ch. 966, § 1; 1997 , ch. 513, § 12; 1998, ch. 1109, § 1; 2001, ch. 58, § 2; 2010 , ch. 919, § 1; 2010 , ch. 1144, §§ 1 - 3.
Tenn. Code Ann. § 8-19-418 — TN Code / Title 8 / Chapter 19 / Section 8-19-418
Release of sureties of deputies
Status: in_force

Sureties of deputy officers may in like manner be released by notice to their principal to appear before the officer or court taking and approving such bonds, upon similar proceedings. Code 1858, § 794 (deriv. Acts 1829, ch. 32, § 1); Shan., § 1115; Code 1932, § 1857; T.C.A. (orig. ed.), § 8-1952.
Sureties of deputy officers may in like manner be released by notice to their principal to appear before the officer or court taking and approving such bonds, upon similar proceedings.
Code 1858, § 794 (deriv. Acts 1829, ch. 32, § 1); Shan., § 1115; Code 1932, § 1857; T.C.A. (orig. ed.), § 8-1952.
Tenn. Code Ann. § 8-20-102 — TN Code / Title 8 / Chapter 20 / Section 8-20-102
Legislative intent - Party defendant - Hearing - Standing - Mediation - Service of petition - Preliminary conference - Discovery and litigation plan - Scheduling order
Status: in_force

(a) The general assembly intends this chapter to provide an expedited process for resolving salary disputes in order to provide county officials quick relief and to protect taxpayers from unnecessary costs when gridlock occurs in the county budgeting process and a salary dispute is adjudicated under this chapter. (b) If a county official listed in § 8-20-101 files a petition pursuant to this chapter, the official shall name the county mayor as the party defendant in the petition. (c) (1) Petitions brought under this chapter must receive docket priority over all other cases other than those involving the welfare of a child and must be resolved within one hundred twenty (120) days of the petition filing date, which may be extended for up to an additional one hundred twenty (120) days in the discretion of the court or for good cause shown by the parties. (2) The court shall hold a hearing on the petition and the answer thereto, for purposes of developing the facts and issues in question, and may hear proof for or against the petition. The court may allow or disallow the application, either in whole or in part, and may approve the entire number of deputies or assistants applied for or a lesser number, and may approve the salaries set out in the application or reduced salaries, as the facts justify. (d) After passing a county's budget pursuant to applicable budgeting laws, the applicable county commission, both as a body and as individual commissioners, do not have a further role in the budgeting process and do not have standing pursuant to this chapter. (e) A county official who files a petition and the county mayor shall engage in mediation within thirty (30) days of filing the petition. The judge or chancellor presiding over the petition may award sanctions against a party who fails to negotiate in good faith in accordance with this subsection (e). (f) A copy of the petition must be served on the county mayor or the county mayor's agent as permitted by applicable law, who shall file an answer to the petition within five (5) days from the date of service of the petition, either admitting the allegations of the petition or denying the same, or making such answer as the county mayor deems advisable under the circumstances. (g) The court shall schedule a mandatory preliminary conference within twenty (20) days after the answer is filed, or if a judge or chancellor is recused from the case, the court shall schedule the preliminary conference within twenty (20) days after the transfer of the case to another court or to another judge or chancellor, as applicable. (h) At the preliminary conference, the petitioner and the defendant shall present their respective proposed discovery and litigation plans outlining anticipated discovery to the court for approval. (i) At the preliminary conference or within ten (10) business days following the preliminary conference, the court shall enter a scheduling order that must include an approved discovery and litigation plan based on information submitted in accordance with subsection (h). (j) The court shall determine the reasonableness of the discovery and litigation plans presented under subsection (h). In considering the reasonableness of each party's discovery and litigation plan, the court shall consider the potential harm to the economic health to the county in relation to each party's need for the discovery in order to prove their cases. Anything in excess of the following will be deemed presumptively unreasonable: (1) Thirty (30) requests for interrogatories, including subparts, per party; (2) Thirty (30) requests for admissions, including subparts, per party; (3) Thirty (30) requests for the production of documents, including subparts, per party; (4) Three (3) depositions per party, in addition to the depositions of experts; and (5) Two (2) experts per party. (k) If the court finds that a party has overcome the presumption of unreasonableness outlined in subsection (j), the court shall include specific findings in support of the scheduling order. Amended by 2022 Tenn. Acts, ch. 1079, s 2, eff. 7/1/2022. Acts 1921, ch. 101, § 7; Shan. Supp., § 6428a44; Code 1932, § 10731; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §8-2002; Acts 2003 , ch. 90, § 2.
(a) The general assembly intends this chapter to provide an expedited process for resolving salary disputes in order to provide county officials quick relief and to protect taxpayers from unnecessary costs when gridlock occurs in the county budgeting process and a salary dispute is adjudicated under this chapter.
(b) If a county official listed in § 8-20-101 files a petition pursuant to this chapter, the official shall name the county mayor as the party defendant in the petition.
(c) (1) Petitions brought under this chapter must receive docket priority over all other cases other than those involving the welfare of a child and must be resolved within one hundred twenty (120) days of the petition filing date, which may be extended for up to an additional one hundred twenty (120) days in the discretion of the court or for good cause shown by the parties. (2) The court shall hold a hearing on the petition and the answer thereto, for purposes of developing the facts and issues in question, and may hear proof for or against the petition. The court may allow or disallow the application, either in whole or in part, and may approve the entire number of deputies or assistants applied for or a lesser number, and may approve the salaries set out in the application or reduced salaries, as the facts justify.
(1) Petitions brought under this chapter must receive docket priority over all other cases other than those involving the welfare of a child and must be resolved within one hundred twenty (120) days of the petition filing date, which may be extended for up to an additional one hundred twenty (120) days in the discretion of the court or for good cause shown by the parties.
(2) The court shall hold a hearing on the petition and the answer thereto, for purposes of developing the facts and issues in question, and may hear proof for or against the petition. The court may allow or disallow the application, either in whole or in part, and may approve the entire number of deputies or assistants applied for or a lesser number, and may approve the salaries set out in the application or reduced salaries, as the facts justify.
(d) After passing a county's budget pursuant to applicable budgeting laws, the applicable county commission, both as a body and as individual commissioners, do not have a further role in the budgeting process and do not have standing pursuant to this chapter.
(e) A county official who files a petition and the county mayor shall engage in mediation within thirty (30) days of filing the petition. The judge or chancellor presiding over the petition may award sanctions against a party who fails to negotiate in good faith in accordance with this subsection (e).
(f) A copy of the petition must be served on the county mayor or the county mayor's agent as permitted by applicable law, who shall file an answer to the petition within five (5) days from the date of service of the petition, either admitting the allegations of the petition or denying the same, or making such answer as the county mayor deems advisable under the circumstances.
(g) The court shall schedule a mandatory preliminary conference within twenty (20) days after the answer is filed, or if a judge or chancellor is recused from the case, the court shall schedule the preliminary conference within twenty (20) days after the transfer of the case to another court or to another judge or chancellor, as applicable.
(h) At the preliminary conference, the petitioner and the defendant shall present their respective proposed discovery and litigation plans outlining anticipated discovery to the court for approval.
(i) At the preliminary conference or within ten (10) business days following the preliminary conference, the court shall enter a scheduling order that must include an approved discovery and litigation plan based on information submitted in accordance with subsection (h).
(j) The court shall determine the reasonableness of the discovery and litigation plans presented under subsection (h). In considering the reasonableness of each party's discovery and litigation plan, the court shall consider the potential harm to the economic health to the county in relation to each party's need for the discovery in order to prove their cases. Anything in excess of the following will be deemed presumptively unreasonable: (1) Thirty (30) requests for interrogatories, including subparts, per party; (2) Thirty (30) requests for admissions, including subparts, per party; (3) Thirty (30) requests for the production of documents, including subparts, per party; (4) Three (3) depositions per party, in addition to the depositions of experts; and (5) Two (2) experts per party.
(1) Thirty (30) requests for interrogatories, including subparts, per party;
(2) Thirty (30) requests for admissions, including subparts, per party;
(3) Thirty (30) requests for the production of documents, including subparts, per party;
(4) Three (3) depositions per party, in addition to the depositions of experts; and
(5) Two (2) experts per party.
(k) If the court finds that a party has overcome the presumption of unreasonableness outlined in subsection (j), the court shall include specific findings in support of the scheduling order.
Amended by 2022 Tenn. Acts, ch. 1079, s 2, eff. 7/1/2022.
Acts 1921, ch. 101, § 7; Shan. Supp., § 6428a44; Code 1932, § 10731; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §8-2002; Acts 2003 , ch. 90, § 2.