Tenn. Code Ann. § 8-27-303 — TN Code / Title 8 / Chapter 27 / Section 8-27-303
Payment of premiums - Eligibility of local education agency to receive direct payments - Deduction from retirement benefits for payment of insurance premiums
Status: in_force

(a) (1) (A) From the appropriations made each year in the general appropriations act for that purpose, the department of education is authorized to pay, on behalf of each eligible instructional employee of a local education agency, and the employee's dependents, an amount, determined annually in the general appropriations act, on the total cost of the person's participation in the basic health plan. (B) Each local education agency shall pay on behalf of each instructional employee, participating in the health insurance coverage authorized by § 8-27-302(a) , as a minimum, the percentage specified in the general appropriations act of the premium collected on behalf of each employee of the local education agency. (C) From the appropriations made each year in the general appropriations act for that purpose, the department of education is authorized to pay, on behalf of each eligible support staff employee of a local education agency, and the employee's dependents, an amount, determined annually in the general appropriations act, on the total cost of the person's participation in the basic health plan. The amount set for support staff employees may be different from the amount set in subdivision (a)(1)(B). (D) Each local education agency shall pay on behalf of each support staff employee, participating in the health insurance coverage authorized by § 8-27-302(a) , at a minimum, the percentage specified in the general appropriations act of the premium collected on behalf of each support staff employee of the local education agency. (E) Distribution of a like amount to each eligible employee through a flexible spending arrangement authorized by § 125 of the Internal Revenue Code ( 26 U.S.C. § 125 ) shall satisfy the requirements of this subsection (a). The amounts shall be certified to the commissioner of education and the director of each local education agency by the local education insurance committee each fiscal year. (2) If a local education agency makes medical insurance available to its instructional employees and support staff employees and the benefits are equal or superior to the benefits of the basic health plan established pursuant to § 8-27-302(a) , the local education agency shall be eligible to receive directly the payments provided for in subdivision (a)(1). Participation in an insurance trust, county-wide policy, self-insurance, or similar benefit plan shall not disqualify the local education agency from these payments. The determination of the equivalency or superiority of the local benefits shall be made by an outside, independent firm or consultant. The local education insurance committee shall contract with the firm or consultant under the procedures in § 8-27-103(a) . A written report shall be supplied to the local education agency in the event that local medical benefits are determined not to be equal or superior. In order to be reviewed for eligibility, a local education agency shall make application to the local education insurance committee. Any local education agency whose insurance was determined to be inferior to the basic health plan shall be eligible to receive directly the payments provided for in subdivision (a)(1) if, upon evaluation by the local education insurance committee, the revised local insurance plan was determined to be equal or superior to the basic health plan. Section 8-27-305 shall not be used in determining the equivalency or superiority of the local benefits. Local education agencies shall not be eligible for direct payments without approval of the local education insurance committee. (3) A school board member of a local education agency may participate in the basic health plan as authorized in § 8-27-302(a)(1) , if the member pays the total monthly premium for the coverage the member selects. The department of education shall not assume any liability for such participation, and the total cost of such a person's participation shall be borne by the individual, unless the local education agency assumes liability for all or a portion of the cost. Nothing contained herein shall require the termination or modification of existing insurance plans covering a local education agency's retired teachers or other employees. (b) Each person for whom payments are made under subsection (a) shall pay the remaining portion of the total costs, but the board of the local education agency may assume all or a portion of these costs. (c) The additional cost of voluntary coverage provided for by § 8-27-302(a)(2) shall be paid by the participating local education agency and its participating employees. (d) All administrative costs incurred by the state group insurance office or the insurer that are associated with the administration of the basic plans or the Medicare supplement plan offered herein shall be borne by the plan and included in the premium payments. (e) (1) Payments made by the state in accordance with subsection (a) may be made by direct transfer from the state treasury to the plan, by payroll deduction, or otherwise as the local education insurance committee and the department of finance and administration deem most efficient. These payments shall not be subject to § 8-11-110 . (2) Payments due from local education agencies or participating employees shall be made as directed by the local education insurance committee. (f) The local education insurance committee shall periodically evaluate local plans determined to be equal or superior to the basic plan to ensure that such plans maintain benefits equal or superior to the basic health plan. Local education agencies shall fully cooperate with the local education insurance committee in these evaluations. The local education insurance committee shall issue a written report to the local education agency explaining the results of the evaluations, giving the agency an opportunity to respond to the local education insurance committee's findings. If, as a result of an evaluation, a local plan is determined to be inferior to the basic health plan, the local education insurance committee shall discontinue direct payments to the affected local education agency not later than ninety (90) days after the final determination by the local education insurance committee. During this period of time, the local education agency may implement improved benefits in the local plan and submit the revised local plan for evaluation. If the local education insurance committee determines that the revised local plan is equal or superior to the basic health plan, direct payments to the agency may continue. If benefits in the local plan are not improved or the revised local plan is determined inferior to the basic health plan, the local education agency may elect to: (1) Enroll in the basic health plan pursuant to §§ 8-27-302 and 8-27-304 ; or (2) Maintain the local plan and not receive state support for the local plan. (g) Local education agencies whose local insurance plan is determined equal or superior to the basic health plan shall file with the local education insurance committee any changes in the benefits offered under the local plan at least thirty (30) days prior to the effective date of the changes. (h) (1) The local education insurance committee shall provide for the financing of the plan, including the disposition of government grants and subsidies to assist in the funding and provision of health insurance for enrolled individuals. (2) Local education agencies enrolled in the plan shall cooperate with the local education insurance committee in implementing and complying with the determinations of the local education insurance committee as set forth in subdivision (h)(1). This cooperation includes entering into contracts or memoranda of understanding reflecting the financial determinations of the local education insurance committee. (3) The local education insurance committee is authorized to take either or both of the following actions in response to a local education agency's failure to cooperate with the local education insurance committee as required by this section: (A) Assess and collect from the local education agency the costs incurred by the agency's failure to cooperate; and (B) Terminate the local education agency's participation in the plan. (4) The termination of the local education agency's participation shall be in effect for two (2) years, and shall be in effect regardless of any language in this chapter to the contrary regarding reinstatement to the plan. (5) The local education agency shall have the right to request reconsideration of its exclusion before the local education insurance committee. The local education insurance committee's decision of the request for reconsideration shall be final. (i) The Tennessee consolidated retirement system is authorized to make deductions from the retirement benefits that any retired teacher or other retired local government employee receives from the Tennessee consolidated retirement system for payment of insurance premiums for any local government group insurance coverage provided to such retirees. Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015. Acts 1985, ch. 455, § 3; 1986, ch. 574, §§ 2, 3; 1986, ch. 674, § 1; 1992, ch. 535, § 44; 1997 , ch. 513, §§ 11, 13; 1998, ch. 907, § 1; 1998, ch. 951, § 1; 1998, ch. 1109, § 2; 2001, ch. 155, § 1; 2004, ch. 586, § 1; 2010 , ch. 1144, §§ 4 - 7; 2012, ch. 1069, § 2.
(a) (1) (A) From the appropriations made each year in the general appropriations act for that purpose, the department of education is authorized to pay, on behalf of each eligible instructional employee of a local education agency, and the employee's dependents, an amount, determined annually in the general appropriations act, on the total cost of the person's participation in the basic health plan. (B) Each local education agency shall pay on behalf of each instructional employee, participating in the health insurance coverage authorized by § 8-27-302(a) , as a minimum, the percentage specified in the general appropriations act of the premium collected on behalf of each employee of the local education agency. (C) From the appropriations made each year in the general appropriations act for that purpose, the department of education is authorized to pay, on behalf of each eligible support staff employee of a local education agency, and the employee's dependents, an amount, determined annually in the general appropriations act, on the total cost of the person's participation in the basic health plan. The amount set for support staff employees may be different from the amount set in subdivision (a)(1)(B). (D) Each local education agency shall pay on behalf of each support staff employee, participating in the health insurance coverage authorized by § 8-27-302(a) , at a minimum, the percentage specified in the general appropriations act of the premium collected on behalf of each support staff employee of the local education agency. (E) Distribution of a like amount to each eligible employee through a flexible spending arrangement authorized by § 125 of the Internal Revenue Code ( 26 U.S.C. § 125 ) shall satisfy the requirements of this subsection (a). The amounts shall be certified to the commissioner of education and the director of each local education agency by the local education insurance committee each fiscal year. (2) If a local education agency makes medical insurance available to its instructional employees and support staff employees and the benefits are equal or superior to the benefits of the basic health plan established pursuant to § 8-27-302(a) , the local education agency shall be eligible to receive directly the payments provided for in subdivision (a)(1). Participation in an insurance trust, county-wide policy, self-insurance, or similar benefit plan shall not disqualify the local education agency from these payments. The determination of the equivalency or superiority of the local benefits shall be made by an outside, independent firm or consultant. The local education insurance committee shall contract with the firm or consultant under the procedures in § 8-27-103(a) . A written report shall be supplied to the local education agency in the event that local medical benefits are determined not to be equal or superior. In order to be reviewed for eligibility, a local education agency shall make application to the local education insurance committee. Any local education agency whose insurance was determined to be inferior to the basic health plan shall be eligible to receive directly the payments provided for in subdivision (a)(1) if, upon evaluation by the local education insurance committee, the revised local insurance plan was determined to be equal or superior to the basic health plan. Section 8-27-305 shall not be used in determining the equivalency or superiority of the local benefits. Local education agencies shall not be eligible for direct payments without approval of the local education insurance committee. (3) A school board member of a local education agency may participate in the basic health plan as authorized in § 8-27-302(a)(1) , if the member pays the total monthly premium for the coverage the member selects. The department of education shall not assume any liability for such participation, and the total cost of such a person's participation shall be borne by the individual, unless the local education agency assumes liability for all or a portion of the cost. Nothing contained herein shall require the termination or modification of existing insurance plans covering a local education agency's retired teachers or other employees.
(1) (A) From the appropriations made each year in the general appropriations act for that purpose, the department of education is authorized to pay, on behalf of each eligible instructional employee of a local education agency, and the employee's dependents, an amount, determined annually in the general appropriations act, on the total cost of the person's participation in the basic health plan. (B) Each local education agency shall pay on behalf of each instructional employee, participating in the health insurance coverage authorized by § 8-27-302(a) , as a minimum, the percentage specified in the general appropriations act of the premium collected on behalf of each employee of the local education agency. (C) From the appropriations made each year in the general appropriations act for that purpose, the department of education is authorized to pay, on behalf of each eligible support staff employee of a local education agency, and the employee's dependents, an amount, determined annually in the general appropriations act, on the total cost of the person's participation in the basic health plan. The amount set for support staff employees may be different from the amount set in subdivision (a)(1)(B). (D) Each local education agency shall pay on behalf of each support staff employee, participating in the health insurance coverage authorized by § 8-27-302(a) , at a minimum, the percentage specified in the general appropriations act of the premium collected on behalf of each support staff employee of the local education agency. (E) Distribution of a like amount to each eligible employee through a flexible spending arrangement authorized by § 125 of the Internal Revenue Code ( 26 U.S.C. § 125 ) shall satisfy the requirements of this subsection (a). The amounts shall be certified to the commissioner of education and the director of each local education agency by the local education insurance committee each fiscal year.
(A) From the appropriations made each year in the general appropriations act for that purpose, the department of education is authorized to pay, on behalf of each eligible instructional employee of a local education agency, and the employee's dependents, an amount, determined annually in the general appropriations act, on the total cost of the person's participation in the basic health plan.
(B) Each local education agency shall pay on behalf of each instructional employee, participating in the health insurance coverage authorized by § 8-27-302(a) , as a minimum, the percentage specified in the general appropriations act of the premium collected on behalf of each employee of the local education agency.
(C) From the appropriations made each year in the general appropriations act for that purpose, the department of education is authorized to pay, on behalf of each eligible support staff employee of a local education agency, and the employee's dependents, an amount, determined annually in the general appropriations act, on the total cost of the person's participation in the basic health plan. The amount set for support staff employees may be different from the amount set in subdivision (a)(1)(B).
(D) Each local education agency shall pay on behalf of each support staff employee, participating in the health insurance coverage authorized by § 8-27-302(a) , at a minimum, the percentage specified in the general appropriations act of the premium collected on behalf of each support staff employee of the local education agency.
(E) Distribution of a like amount to each eligible employee through a flexible spending arrangement authorized by § 125 of the Internal Revenue Code ( 26 U.S.C. § 125 ) shall satisfy the requirements of this subsection (a). The amounts shall be certified to the commissioner of education and the director of each local education agency by the local education insurance committee each fiscal year.
(2) If a local education agency makes medical insurance available to its instructional employees and support staff employees and the benefits are equal or superior to the benefits of the basic health plan established pursuant to § 8-27-302(a) , the local education agency shall be eligible to receive directly the payments provided for in subdivision (a)(1). Participation in an insurance trust, county-wide policy, self-insurance, or similar benefit plan shall not disqualify the local education agency from these payments. The determination of the equivalency or superiority of the local benefits shall be made by an outside, independent firm or consultant. The local education insurance committee shall contract with the firm or consultant under the procedures in § 8-27-103(a) . A written report shall be supplied to the local education agency in the event that local medical benefits are determined not to be equal or superior. In order to be reviewed for eligibility, a local education agency shall make application to the local education insurance committee. Any local education agency whose insurance was determined to be inferior to the basic health plan shall be eligible to receive directly the payments provided for in subdivision (a)(1) if, upon evaluation by the local education insurance committee, the revised local insurance plan was determined to be equal or superior to the basic health plan. Section 8-27-305 shall not be used in determining the equivalency or superiority of the local benefits. Local education agencies shall not be eligible for direct payments without approval of the local education insurance committee.
(3) A school board member of a local education agency may participate in the basic health plan as authorized in § 8-27-302(a)(1) , if the member pays the total monthly premium for the coverage the member selects. The department of education shall not assume any liability for such participation, and the total cost of such a person's participation shall be borne by the individual, unless the local education agency assumes liability for all or a portion of the cost. Nothing contained herein shall require the termination or modification of existing insurance plans covering a local education agency's retired teachers or other employees.
(b) Each person for whom payments are made under subsection (a) shall pay the remaining portion of the total costs, but the board of the local education agency may assume all or a portion of these costs.
(c) The additional cost of voluntary coverage provided for by § 8-27-302(a)(2) shall be paid by the participating local education agency and its participating employees.
(d) All administrative costs incurred by the state group insurance office or the insurer that are associated with the administration of the basic plans or the Medicare supplement plan offered herein shall be borne by the plan and included in the premium payments.
(e) (1) Payments made by the state in accordance with subsection (a) may be made by direct transfer from the state treasury to the plan, by payroll deduction, or otherwise as the local education insurance committee and the department of finance and administration deem most efficient. These payments shall not be subject to § 8-11-110 . (2) Payments due from local education agencies or participating employees shall be made as directed by the local education insurance committee.
(1) Payments made by the state in accordance with subsection (a) may be made by direct transfer from the state treasury to the plan, by payroll deduction, or otherwise as the local education insurance committee and the department of finance and administration deem most efficient. These payments shall not be subject to § 8-11-110 .
(2) Payments due from local education agencies or participating employees shall be made as directed by the local education insurance committee.
(f) The local education insurance committee shall periodically evaluate local plans determined to be equal or superior to the basic plan to ensure that such plans maintain benefits equal or superior to the basic health plan. Local education agencies shall fully cooperate with the local education insurance committee in these evaluations. The local education insurance committee shall issue a written report to the local education agency explaining the results of the evaluations, giving the agency an opportunity to respond to the local education insurance committee's findings. If, as a result of an evaluation, a local plan is determined to be inferior to the basic health plan, the local education insurance committee shall discontinue direct payments to the affected local education agency not later than ninety (90) days after the final determination by the local education insurance committee. During this period of time, the local education agency may implement improved benefits in the local plan and submit the revised local plan for evaluation. If the local education insurance committee determines that the revised local plan is equal or superior to the basic health plan, direct payments to the agency may continue. If benefits in the local plan are not improved or the revised local plan is determined inferior to the basic health plan, the local education agency may elect to: (1) Enroll in the basic health plan pursuant to §§ 8-27-302 and 8-27-304 ; or (2) Maintain the local plan and not receive state support for the local plan.
(1) Enroll in the basic health plan pursuant to §§ 8-27-302 and 8-27-304 ; or
(2) Maintain the local plan and not receive state support for the local plan.
(g) Local education agencies whose local insurance plan is determined equal or superior to the basic health plan shall file with the local education insurance committee any changes in the benefits offered under the local plan at least thirty (30) days prior to the effective date of the changes.
(h) (1) The local education insurance committee shall provide for the financing of the plan, including the disposition of government grants and subsidies to assist in the funding and provision of health insurance for enrolled individuals. (2) Local education agencies enrolled in the plan shall cooperate with the local education insurance committee in implementing and complying with the determinations of the local education insurance committee as set forth in subdivision (h)(1). This cooperation includes entering into contracts or memoranda of understanding reflecting the financial determinations of the local education insurance committee. (3) The local education insurance committee is authorized to take either or both of the following actions in response to a local education agency's failure to cooperate with the local education insurance committee as required by this section: (A) Assess and collect from the local education agency the costs incurred by the agency's failure to cooperate; and (B) Terminate the local education agency's participation in the plan. (4) The termination of the local education agency's participation shall be in effect for two (2) years, and shall be in effect regardless of any language in this chapter to the contrary regarding reinstatement to the plan. (5) The local education agency shall have the right to request reconsideration of its exclusion before the local education insurance committee. The local education insurance committee's decision of the request for reconsideration shall be final.
(1) The local education insurance committee shall provide for the financing of the plan, including the disposition of government grants and subsidies to assist in the funding and provision of health insurance for enrolled individuals.
(2) Local education agencies enrolled in the plan shall cooperate with the local education insurance committee in implementing and complying with the determinations of the local education insurance committee as set forth in subdivision (h)(1). This cooperation includes entering into contracts or memoranda of understanding reflecting the financial determinations of the local education insurance committee.
(3) The local education insurance committee is authorized to take either or both of the following actions in response to a local education agency's failure to cooperate with the local education insurance committee as required by this section: (A) Assess and collect from the local education agency the costs incurred by the agency's failure to cooperate; and (B) Terminate the local education agency's participation in the plan.
(A) Assess and collect from the local education agency the costs incurred by the agency's failure to cooperate; and
(B) Terminate the local education agency's participation in the plan.
(4) The termination of the local education agency's participation shall be in effect for two (2) years, and shall be in effect regardless of any language in this chapter to the contrary regarding reinstatement to the plan.
(5) The local education agency shall have the right to request reconsideration of its exclusion before the local education insurance committee. The local education insurance committee's decision of the request for reconsideration shall be final.
(i) The Tennessee consolidated retirement system is authorized to make deductions from the retirement benefits that any retired teacher or other retired local government employee receives from the Tennessee consolidated retirement system for payment of insurance premiums for any local government group insurance coverage provided to such retirees.
Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015.
Acts 1985, ch. 455, § 3; 1986, ch. 574, §§ 2, 3; 1986, ch. 674, § 1; 1992, ch. 535, § 44; 1997 , ch. 513, §§ 11, 13; 1998, ch. 907, § 1; 1998, ch. 951, § 1; 1998, ch. 1109, § 2; 2001, ch. 155, § 1; 2004, ch. 586, § 1; 2010 , ch. 1144, §§ 4 - 7; 2012, ch. 1069, § 2.
Tenn. Code Ann. § 8-35-221 — TN Code / Title 8 / Chapter 35 / Section 8-35-221
Workforce investment
Status: in_force

(a) Any entity engaged in the administration of the programs authorized under the federal Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.), on behalf of a local workforce investment area designated under [former] 29 U.S.C. § 2831 [repealed] shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon satisfying the following conditions: (1) The local workforce investment area includes more than one (1) political subdivision of this state; (2) The administrative entity for the local workforce investment area is currently or was previously an institution of the University of Tennessee or the Tennessee board of regents; (3) The elected chief executive officers of the political subdivisions that comprise the local workforce investment area pass a resolution authorizing an actuarial study to determine the liability associated with such participation, and accepting responsibility for the costs of such study; and (4) Following receipt of the actuarial study, such elected chief executive officers pass a resolution authorizing such participation and agreeing that the liability therefor shall be paid from funds allocated to the local workforce investment area by grant, contract, or otherwise from state, local, or federal sources. (b) The employees of the entity shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of local governments participating in the retirement system under this part. (c) Such employees shall be entitled to credit for such prior service as approved by the elected chief executive officers as provided in subsection (a) under the same provisions that apply to employees of local governments. (d) In case of the withdrawal of the entity as a participating employer, the benefits of members and beneficiaries shall be determined in accordance with § 8-35-211 . (e) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of employees of the entity or their beneficiaries for which reserves have not been previously created from funds contributed by the entity or its employees, or both. (f) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the entity. Amended by 2016 Tenn. Acts, ch. 599, s 6, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 57, s 6, eff. 7/1/2015. Acts 2002, ch. 863, § 23; 2003 , ch. 209, § 1.
(a) Any entity engaged in the administration of the programs authorized under the federal Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.), on behalf of a local workforce investment area designated under [former] 29 U.S.C. § 2831 [repealed] shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon satisfying the following conditions: (1) The local workforce investment area includes more than one (1) political subdivision of this state; (2) The administrative entity for the local workforce investment area is currently or was previously an institution of the University of Tennessee or the Tennessee board of regents; (3) The elected chief executive officers of the political subdivisions that comprise the local workforce investment area pass a resolution authorizing an actuarial study to determine the liability associated with such participation, and accepting responsibility for the costs of such study; and (4) Following receipt of the actuarial study, such elected chief executive officers pass a resolution authorizing such participation and agreeing that the liability therefor shall be paid from funds allocated to the local workforce investment area by grant, contract, or otherwise from state, local, or federal sources.
(1) The local workforce investment area includes more than one (1) political subdivision of this state;
(2) The administrative entity for the local workforce investment area is currently or was previously an institution of the University of Tennessee or the Tennessee board of regents;
(3) The elected chief executive officers of the political subdivisions that comprise the local workforce investment area pass a resolution authorizing an actuarial study to determine the liability associated with such participation, and accepting responsibility for the costs of such study; and
(4) Following receipt of the actuarial study, such elected chief executive officers pass a resolution authorizing such participation and agreeing that the liability therefor shall be paid from funds allocated to the local workforce investment area by grant, contract, or otherwise from state, local, or federal sources.
(b) The employees of the entity shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of local governments participating in the retirement system under this part.
(c) Such employees shall be entitled to credit for such prior service as approved by the elected chief executive officers as provided in subsection (a) under the same provisions that apply to employees of local governments.
(d) In case of the withdrawal of the entity as a participating employer, the benefits of members and beneficiaries shall be determined in accordance with § 8-35-211 .
(e) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of employees of the entity or their beneficiaries for which reserves have not been previously created from funds contributed by the entity or its employees, or both.
(f) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the entity.
Amended by 2016 Tenn. Acts, ch. 599, s 6, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 57, s 6, eff. 7/1/2015.
Acts 2002, ch. 863, § 23; 2003 , ch. 209, § 1.
Tenn. Code Ann. § 8-11-104 — TN Code / Title 8 / Chapter 11 / Section 8-11-104
Duties
Status: in_force

It is the duty of the county trustee to: (1) Collect all the state and county taxes on property; (2) Keep a fair regular account of all the moneys which the county trustee shall receive; (3) Receive, according to law, all certificates for which the county stands indebted, upon proper warrant; (4) When a warrant is presented to the trustee for payment, enter it in a book kept by the trustee for the purpose, ruled in columns, so as successively to show the number, payee or holder, date, day of presentation, and amount of the same; (5) If there are funds in the treasury, not otherwise appropriated, immediately pay the demand and take up the warrant; otherwise, deliver it to the owner with the number endorsed, and afterwards to pay it in its numerical order; (6) Keep fair and regular accounts of such payments; (7) Pay all just claims against the trustee's county as they are presented, if the trustee has a sufficient sum of money in the trustee's hands not otherwise appropriated; (8) Upon the trustee's resignation, or going out of office by the appointment of another person, deliver to the trustee's successor all the books and papers of the trustee's office, and especially the book in which the warrants payable are listed and numbered; (9) On going out of office, make settlement immediately with the county mayor, and pay over the balance found in the trustee's hands to the trustee's successor, taking duplicate receipts; (10) Deliver one (1) of the receipts to the county clerk, to be by the county clerk recorded in the revenue docket; and (11) Furnish the county mayor with such papers and vouchers in the county trustee's possession as the county trustee may think necessary for perfecting any settlement with any person who is accountable for county revenue. Code 1858, § 427 (deriv. Acts 1796 (Mar.), ch. 15, § 6; 1797, ch. 14, §§ 4, 5; 1821, ch. 17; 1821, ch. 33; 1825, ch. 51, § 11; 1827, ch. 49, §§ 19, 24, 26); Acts 1859-1860, ch. 11, §§ 1, 2; 1875, ch. 91, § 1; Shan., § 523; mod. Code 1932, §775; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; Acts 1979, ch. 23, §7; T.C.A. (orig. ed.), § 8-1104; Acts 1993, ch. 315, §§6, 7; 2003 , ch. 90, § 2.
It is the duty of the county trustee to:
(1) Collect all the state and county taxes on property;
(2) Keep a fair regular account of all the moneys which the county trustee shall receive;
(3) Receive, according to law, all certificates for which the county stands indebted, upon proper warrant;
(4) When a warrant is presented to the trustee for payment, enter it in a book kept by the trustee for the purpose, ruled in columns, so as successively to show the number, payee or holder, date, day of presentation, and amount of the same;
(5) If there are funds in the treasury, not otherwise appropriated, immediately pay the demand and take up the warrant; otherwise, deliver it to the owner with the number endorsed, and afterwards to pay it in its numerical order;
(6) Keep fair and regular accounts of such payments;
(7) Pay all just claims against the trustee's county as they are presented, if the trustee has a sufficient sum of money in the trustee's hands not otherwise appropriated;
(8) Upon the trustee's resignation, or going out of office by the appointment of another person, deliver to the trustee's successor all the books and papers of the trustee's office, and especially the book in which the warrants payable are listed and numbered;
(9) On going out of office, make settlement immediately with the county mayor, and pay over the balance found in the trustee's hands to the trustee's successor, taking duplicate receipts;
(10) Deliver one (1) of the receipts to the county clerk, to be by the county clerk recorded in the revenue docket; and
(11) Furnish the county mayor with such papers and vouchers in the county trustee's possession as the county trustee may think necessary for perfecting any settlement with any person who is accountable for county revenue.
Code 1858, § 427 (deriv. Acts 1796 (Mar.), ch. 15, § 6; 1797, ch. 14, §§ 4, 5; 1821, ch. 17; 1821, ch. 33; 1825, ch. 51, § 11; 1827, ch. 49, §§ 19, 24, 26); Acts 1859-1860, ch. 11, §§ 1, 2; 1875, ch. 91, § 1; Shan., § 523; mod. Code 1932, §775; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; Acts 1979, ch. 23, §7; T.C.A. (orig. ed.), § 8-1104; Acts 1993, ch. 315, §§6, 7; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 8-18-104 — TN Code / Title 8 / Chapter 18 / Section 8-18-104
Terms of office - Filling of vacancies
Status: in_force

Except as provided in title 17, chapter 4, the term of each judicial and civil officer shall be computed from September 1 next succeeding election. No appointment or election to fill a vacancy shall be made for a period of time extending beyond the unexpired term. Every officer shall hold office until a successor is elected or appointed and qualified. No special election shall be held to fill a vacancy in the office of judge or district attorney general, but at the time fixed for the biennial election of civil officers; such vacancy shall be filled at the next biennial election occurring more than thirty (30) days after the vacancy occurs. Acts 1870, ch. 23, § 7; Shan., § 1155; Code 1932, § 1916; T.C.A. (orig. ed.), § 8-1804.
Except as provided in title 17, chapter 4, the term of each judicial and civil officer shall be computed from September 1 next succeeding election. No appointment or election to fill a vacancy shall be made for a period of time extending beyond the unexpired term. Every officer shall hold office until a successor is elected or appointed and qualified. No special election shall be held to fill a vacancy in the office of judge or district attorney general, but at the time fixed for the biennial election of civil officers; such vacancy shall be filled at the next biennial election occurring more than thirty (30) days after the vacancy occurs.
Acts 1870, ch. 23, § 7; Shan., § 1155; Code 1932, § 1916; T.C.A. (orig. ed.), § 8-1804.
Tenn. Code Ann. § 8-6-111 — TN Code / Title 8 / Chapter 6 / Section 8-6-111
Special personnel for expedition of post-conviction proceedings in capital cases
Status: in_force

The attorney general and reporter is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period. Acts 1993, ch. 472, § 1.
The attorney general and reporter is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period.
Acts 1993, ch. 472, § 1.
Tenn. Code Ann. § 8-4-304 — TN Code / Title 8 / Chapter 4 / Section 8-4-304
Powers and duties of assistant comptroller of the treasury
Status: in_force

Such person appointed or elected as assistant comptroller of the treasury shall possess all the qualifications required of the comptroller of the treasury and shall file such bond as is required to be filed by the comptroller of the treasury under the statutes, and shall take the oath of office prescribed by statute for the comptroller of the treasury, and shall serve only during the continuance of the emergency as determined by the governor and shall be paid such compensation as the governor may fix, but in no event shall the compensation so fixed exceed that prescribed by law for the duly elected comptroller of the treasury. Acts 1949, ch. 119, § 2; C. Supp. 1950, § 213.2 (Williams, § 192.1); T.C.A. (orig. ed.), § 8-415; T.C.A., § 8-423.
Such person appointed or elected as assistant comptroller of the treasury shall possess all the qualifications required of the comptroller of the treasury and shall file such bond as is required to be filed by the comptroller of the treasury under the statutes, and shall take the oath of office prescribed by statute for the comptroller of the treasury, and shall serve only during the continuance of the emergency as determined by the governor and shall be paid such compensation as the governor may fix, but in no event shall the compensation so fixed exceed that prescribed by law for the duly elected comptroller of the treasury.
Acts 1949, ch. 119, § 2; C. Supp. 1950, § 213.2 (Williams, § 192.1); T.C.A. (orig. ed.), § 8-415; T.C.A., § 8-423.
Tenn. Code Ann. § 8-35-205 — TN Code / Title 8 / Chapter 35 / Section 8-35-205
Information to be furnished concerning employees
Status: in_force

The chief fiscal officer of the employer and the heads of its departments shall submit to the board such information and shall cause to be performed in respect to the employees of the employer such duties as shall be prescribed by the board in order to carry out chapters 34-37 of this title. Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(3).
The chief fiscal officer of the employer and the heads of its departments shall submit to the board such information and shall cause to be performed in respect to the employees of the employer such duties as shall be prescribed by the board in order to carry out chapters 34-37 of this title.
Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(3).
Tenn. Code Ann. § 8-20-107 — TN Code / Title 8 / Chapter 20 / Section 8-20-107
Costs and attorney's fees
Status: in_force

(a) The cost of all cases must be paid out of the fees of the office collected by such officers, and they and each of them must be allowed a credit for the same in settlement with the county trustee. (b) An award of attorney's fees must be consistent with and awarded pursuant to Rule 8 of the Rules of the Supreme Court of the State of Tennessee, Rules of Professional Conduct 1.5, or the corresponding subsequent rule of the Tennessee supreme court. The court shall determine the reasonableness of attorney's fees for all parties, and in making that determination, the court shall consider the factors in Rule 8 of the Rules of the Supreme Court of the State of Tennessee, Rules of Professional Conduct 1.5. Amended by 2022 Tenn. Acts, ch. 1079, s 3, eff. 7/1/2022. Acts 1921, ch. 101, § 7; Shan. Supp., § 6428a44; Code 1932, §10733; T.C.A. (orig. ed.), § 8-2007.
(a) The cost of all cases must be paid out of the fees of the office collected by such officers, and they and each of them must be allowed a credit for the same in settlement with the county trustee.
(b) An award of attorney's fees must be consistent with and awarded pursuant to Rule 8 of the Rules of the Supreme Court of the State of Tennessee, Rules of Professional Conduct 1.5, or the corresponding subsequent rule of the Tennessee supreme court. The court shall determine the reasonableness of attorney's fees for all parties, and in making that determination, the court shall consider the factors in Rule 8 of the Rules of the Supreme Court of the State of Tennessee, Rules of Professional Conduct 1.5.
Amended by 2022 Tenn. Acts, ch. 1079, s 3, eff. 7/1/2022.
Acts 1921, ch. 101, § 7; Shan. Supp., § 6428a44; Code 1932, §10733; T.C.A. (orig. ed.), § 8-2007.
Tenn. Code Ann. § 8-35-222 — TN Code / Title 8 / Chapter 35 / Section 8-35-222
Establishment of retirement credit for time during which member was employed by joint venture
Status: in_force

(a) Any member who is employed by a political subdivision that is a participating employer in the retirement system shall be eligible to establish retirement credit for time during which the member was employed by a joint venture between that political subdivision and one (1) or more other political subdivisions if the following conditions are met: (1) The joint venture was a governmental entity for purposes of § 414(d) of the Internal Revenue Code ( 26 U.S.C. § 414(d) ), as amended, and any other federal laws and regulations applicable to qualified governmental pension plans during the time the member was employed by the joint venture; (2) The joint venture was dissolved and its operations were transferred to and made a department of the participating political subdivision; (3) The member has not established the credit in any other retirement program as provided in § 8-35-111 ; (4) The participating political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of the service credit and, following review of the cost of granting the service credit, the chief governing body of the political subdivision shall pass a resolution authorizing such service credit and accepting the liability therefor; and (5) Members establishing the prior service must make a lump sum payment equal to the employee contributions the members would have made had the members been members of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 . The political subdivision may, at its option, pay all or part of the employee contributions and interest on behalf of the members. (b) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of such members or their beneficiaries for which reserves have not been previously created from funds contributed by the political subdivision, its employees, or both. (c) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the political subdivision. Amended by 2016 Tenn. Acts, ch. 962, s 56.
(a) Any member who is employed by a political subdivision that is a participating employer in the retirement system shall be eligible to establish retirement credit for time during which the member was employed by a joint venture between that political subdivision and one (1) or more other political subdivisions if the following conditions are met: (1) The joint venture was a governmental entity for purposes of § 414(d) of the Internal Revenue Code ( 26 U.S.C. § 414(d) ), as amended, and any other federal laws and regulations applicable to qualified governmental pension plans during the time the member was employed by the joint venture; (2) The joint venture was dissolved and its operations were transferred to and made a department of the participating political subdivision; (3) The member has not established the credit in any other retirement program as provided in § 8-35-111 ; (4) The participating political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of the service credit and, following review of the cost of granting the service credit, the chief governing body of the political subdivision shall pass a resolution authorizing such service credit and accepting the liability therefor; and (5) Members establishing the prior service must make a lump sum payment equal to the employee contributions the members would have made had the members been members of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 . The political subdivision may, at its option, pay all or part of the employee contributions and interest on behalf of the members.
(1) The joint venture was a governmental entity for purposes of § 414(d) of the Internal Revenue Code ( 26 U.S.C. § 414(d) ), as amended, and any other federal laws and regulations applicable to qualified governmental pension plans during the time the member was employed by the joint venture;
(2) The joint venture was dissolved and its operations were transferred to and made a department of the participating political subdivision;
(3) The member has not established the credit in any other retirement program as provided in § 8-35-111 ;
(4) The participating political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of the service credit and, following review of the cost of granting the service credit, the chief governing body of the political subdivision shall pass a resolution authorizing such service credit and accepting the liability therefor; and
(5) Members establishing the prior service must make a lump sum payment equal to the employee contributions the members would have made had the members been members of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 . The political subdivision may, at its option, pay all or part of the employee contributions and interest on behalf of the members.
(b) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of such members or their beneficiaries for which reserves have not been previously created from funds contributed by the political subdivision, its employees, or both.
(c) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the political subdivision.
Amended by 2016 Tenn. Acts, ch. 962, s 56.
Tenn. Code Ann. § 8-36-920 — TN Code / Title 8 / Chapter 36 / Section 8-36-920
Hybrid plan benefits trust account
Status: in_force

(a) There shall be established in the retirement system trust fund a hybrid plan benefits trust account into which contributions made to the defined benefit component of the plan shall be deposited. (b) All interest and dividends earned on the funds of the defined benefit component of the hybrid plan shall be credited to the hybrid plan benefits trust account. (c) Within the hybrid plan benefits trust account created pursuant to this section, there shall be established a reserve trust account, which shall consist of two (2) subaccounts as follows: (1) (A) An employer reserve trust account into which shall be deposited: (i) The employer contributions as determined by the actuary pursuant to § 8-36-922(b) and any payments made to establish service credit in the hybrid plan that result from employer contributions rolled over or otherwise transferred from another qualified plan; (ii) All amounts transferred from the participants' reserve trust account pursuant to subdivision (c)(2)(B); (iii) Transfers from the stabilization reserve trust account pursuant to subdivision (d)(3) and transfers from the pension stabilization reserve trust fund pursuant to subdivision (d)(4); (iv) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan; and (v) Any penalties assessed against an employer pursuant to § 8-37-504 ; (B) All costs of administering the hybrid plan, and all retirement allowances and other benefits payable under the defined benefit component of the hybrid plan other than those payable from the participants' reserve trust account established in subdivision (c)(2) below shall be paid from the employer reserve trust account. (2) (A) A participants' reserve trust account shall also be established within the reserve trust account into which shall be deposited: (i) The contributions deducted from the compensation of participants to provide for their member annuities, together with any contributions of participants and interest thereon to establish service credit in the hybrid plan; and (ii) All amounts transferred from the employer reserve trust account pursuant to subdivision (c)(2)(C). (B) The accumulated contributions of a participant that are withdrawn by the participant, or paid to the participant's designated beneficiary or to the participant's estate pursuant to § 8-36-120 , shall be paid from the participants' reserve trust account. Upon the retirement of a participant, or if a retirement allowance becomes payable on account of the participant's death prior to retirement, the participant's accumulated contributions shall be transferred from the participants' reserve trust account to the employer reserve trust account. (C) The board of trustees shall annually show interest at such rate or rates as it shall determine from time to time on the individual accounts of participants in the participants' reserve trust account and shall transfer such amounts from the employer reserve trust account. (d) (1) There shall be established within the hybrid plan benefits trust account a stabilization reserve trust account into which shall be deposited: (A) All employer contributions made in excess of the actuarial rate determined pursuant to § 8-36-922(b) ; and (B) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan. (2) Notwithstanding subdivision (d)(1)(A), any employer contributions attributable to federal funds shall not be deposited into the stabilization reserve trust account if such deposits are prohibited by an agency of the federal government or contrary to the advice of competent legal counsel or government accounting professionals of the retirement system. (3) If in any given year the total amount in the employer reserve account is not sufficient to meet the benefit liabilities of the defined benefit component of the plan as determined by the most recent actuarial study, then such amount as may be necessary to fund the benefits shall be transferred from the stabilization reserve trust account to the employer reserve trust account. (4) Notwithstanding this section, after the terms of the trust instrument governing the pension stabilization reserve trust are approved by the attorney general and reporter as provided in § 9-4-1001 , all employer contributions made thereafter in excess of the actuarial rate determined pursuant to § 8-36-922(b) shall be deposited into the pension stabilization reserve trust fund established pursuant to § 9-4-1001 . All funds contributed to the pension stabilization reserve trust fund pursuant to this subdivision (d)(4) shall be administered in accordance with title 9, chapter 4, part 10. (e) (1) For accounting purposes only, the reserve trust account and the stabilization reserve trust account created by this section shall each consist of the following individual separate accounts for the purpose of accounting for: (A) The benefits payable to state employees other than those described in subdivisions (e)(1)(B) and (C); (B) The benefits payable to the attorney general and reporter, district attorneys general, district public defenders and state judges; (C) The supplemental bridge benefits payable to state employees pursuant to § 8-36-211 ; and (D) The benefits payable to teachers. (2) In addition and for accounting purposes only, the reserve trust account and the stabilization reserve trust account shall each consist of individual separate accounts established in the name of each political subdivision participating under this part. Each political subdivision shall have the following three (3) separate subaccounts for the purpose of accounting for: (A) The benefits payable to employees of the political subdivision other than those described in subdivisions (e)(2)(B) and (C); (B) The benefits payable to its county judges pursuant to § 8-36-919(e) ; and (C) The supplemental bridge benefits payable to its employees pursuant to § 8-36-211 . (f) All monies deposited into the hybrid benefits plan trust account shall be used exclusively for the purposes set forth in this section. (g) Notwithstanding subdivision (d)(1)(A), deposits of employer contributions into the stabilization reserve trust account shall be suspended effective July 1 of any given year next following the most recent actuarial valuation for an employer whose stabilization reserve trust account equals or exceeds a certain maximum amount that is determined by the board of trustees. The amount shall be expressed in dollars, as a percentage, or other form as shall be determined at the sole discretion of the board. The board, in consultation with the actuary, shall establish the methodology and procedures to be used in ascertaining the maximum amount. Unless the terms of the trust instrument governing the pension stabilization reserve trust are approved as provided in § 9-4-1001 , deposits into the stabilization reserve trust account shall be reinstated for the employer effective July 1 of any given year next following the most recent actuarial valuation when the total amount in the employer's stabilization reserve trust account is less than the maximum amount adopted by the board pursuant to this subsection (g). Once the terms of the trust instrument governing the pension stabilization reserve are approved as provided in § 9-4-1001 , deposits of employer contributions into the pension stabilization reserve trust fund shall be suspended and reinstated as provided in § 9-4-1005 . Amended by 2017 Tenn. Acts, ch. 374, Secs.s 2, s 3, s 4 eff. 5/11/2017. Amended by 2015 Tenn. Acts, ch. 421, s 14, eff. 5/8/2015. Amended by 2014 Tenn. Acts, ch. 659, Secs.s 27, s 28 eff. 7/1/2014. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) There shall be established in the retirement system trust fund a hybrid plan benefits trust account into which contributions made to the defined benefit component of the plan shall be deposited.
(b) All interest and dividends earned on the funds of the defined benefit component of the hybrid plan shall be credited to the hybrid plan benefits trust account.
(c) Within the hybrid plan benefits trust account created pursuant to this section, there shall be established a reserve trust account, which shall consist of two (2) subaccounts as follows: (1) (A) An employer reserve trust account into which shall be deposited: (i) The employer contributions as determined by the actuary pursuant to § 8-36-922(b) and any payments made to establish service credit in the hybrid plan that result from employer contributions rolled over or otherwise transferred from another qualified plan; (ii) All amounts transferred from the participants' reserve trust account pursuant to subdivision (c)(2)(B); (iii) Transfers from the stabilization reserve trust account pursuant to subdivision (d)(3) and transfers from the pension stabilization reserve trust fund pursuant to subdivision (d)(4); (iv) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan; and (v) Any penalties assessed against an employer pursuant to § 8-37-504 ; (B) All costs of administering the hybrid plan, and all retirement allowances and other benefits payable under the defined benefit component of the hybrid plan other than those payable from the participants' reserve trust account established in subdivision (c)(2) below shall be paid from the employer reserve trust account. (2) (A) A participants' reserve trust account shall also be established within the reserve trust account into which shall be deposited: (i) The contributions deducted from the compensation of participants to provide for their member annuities, together with any contributions of participants and interest thereon to establish service credit in the hybrid plan; and (ii) All amounts transferred from the employer reserve trust account pursuant to subdivision (c)(2)(C). (B) The accumulated contributions of a participant that are withdrawn by the participant, or paid to the participant's designated beneficiary or to the participant's estate pursuant to § 8-36-120 , shall be paid from the participants' reserve trust account. Upon the retirement of a participant, or if a retirement allowance becomes payable on account of the participant's death prior to retirement, the participant's accumulated contributions shall be transferred from the participants' reserve trust account to the employer reserve trust account. (C) The board of trustees shall annually show interest at such rate or rates as it shall determine from time to time on the individual accounts of participants in the participants' reserve trust account and shall transfer such amounts from the employer reserve trust account.
(1) (A) An employer reserve trust account into which shall be deposited: (i) The employer contributions as determined by the actuary pursuant to § 8-36-922(b) and any payments made to establish service credit in the hybrid plan that result from employer contributions rolled over or otherwise transferred from another qualified plan; (ii) All amounts transferred from the participants' reserve trust account pursuant to subdivision (c)(2)(B); (iii) Transfers from the stabilization reserve trust account pursuant to subdivision (d)(3) and transfers from the pension stabilization reserve trust fund pursuant to subdivision (d)(4); (iv) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan; and (v) Any penalties assessed against an employer pursuant to § 8-37-504 ; (B) All costs of administering the hybrid plan, and all retirement allowances and other benefits payable under the defined benefit component of the hybrid plan other than those payable from the participants' reserve trust account established in subdivision (c)(2) below shall be paid from the employer reserve trust account.
(A) An employer reserve trust account into which shall be deposited: (i) The employer contributions as determined by the actuary pursuant to § 8-36-922(b) and any payments made to establish service credit in the hybrid plan that result from employer contributions rolled over or otherwise transferred from another qualified plan; (ii) All amounts transferred from the participants' reserve trust account pursuant to subdivision (c)(2)(B); (iii) Transfers from the stabilization reserve trust account pursuant to subdivision (d)(3) and transfers from the pension stabilization reserve trust fund pursuant to subdivision (d)(4); (iv) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan; and (v) Any penalties assessed against an employer pursuant to § 8-37-504 ;
(i) The employer contributions as determined by the actuary pursuant to § 8-36-922(b) and any payments made to establish service credit in the hybrid plan that result from employer contributions rolled over or otherwise transferred from another qualified plan;
(ii) All amounts transferred from the participants' reserve trust account pursuant to subdivision (c)(2)(B);
(iii) Transfers from the stabilization reserve trust account pursuant to subdivision (d)(3) and transfers from the pension stabilization reserve trust fund pursuant to subdivision (d)(4);
(iv) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan; and
(v) Any penalties assessed against an employer pursuant to § 8-37-504 ;
(B) All costs of administering the hybrid plan, and all retirement allowances and other benefits payable under the defined benefit component of the hybrid plan other than those payable from the participants' reserve trust account established in subdivision (c)(2) below shall be paid from the employer reserve trust account.
(2) (A) A participants' reserve trust account shall also be established within the reserve trust account into which shall be deposited: (i) The contributions deducted from the compensation of participants to provide for their member annuities, together with any contributions of participants and interest thereon to establish service credit in the hybrid plan; and (ii) All amounts transferred from the employer reserve trust account pursuant to subdivision (c)(2)(C). (B) The accumulated contributions of a participant that are withdrawn by the participant, or paid to the participant's designated beneficiary or to the participant's estate pursuant to § 8-36-120 , shall be paid from the participants' reserve trust account. Upon the retirement of a participant, or if a retirement allowance becomes payable on account of the participant's death prior to retirement, the participant's accumulated contributions shall be transferred from the participants' reserve trust account to the employer reserve trust account. (C) The board of trustees shall annually show interest at such rate or rates as it shall determine from time to time on the individual accounts of participants in the participants' reserve trust account and shall transfer such amounts from the employer reserve trust account.
(A) A participants' reserve trust account shall also be established within the reserve trust account into which shall be deposited: (i) The contributions deducted from the compensation of participants to provide for their member annuities, together with any contributions of participants and interest thereon to establish service credit in the hybrid plan; and (ii) All amounts transferred from the employer reserve trust account pursuant to subdivision (c)(2)(C).
(i) The contributions deducted from the compensation of participants to provide for their member annuities, together with any contributions of participants and interest thereon to establish service credit in the hybrid plan; and
(ii) All amounts transferred from the employer reserve trust account pursuant to subdivision (c)(2)(C).
(B) The accumulated contributions of a participant that are withdrawn by the participant, or paid to the participant's designated beneficiary or to the participant's estate pursuant to § 8-36-120 , shall be paid from the participants' reserve trust account. Upon the retirement of a participant, or if a retirement allowance becomes payable on account of the participant's death prior to retirement, the participant's accumulated contributions shall be transferred from the participants' reserve trust account to the employer reserve trust account.
(C) The board of trustees shall annually show interest at such rate or rates as it shall determine from time to time on the individual accounts of participants in the participants' reserve trust account and shall transfer such amounts from the employer reserve trust account.
(d) (1) There shall be established within the hybrid plan benefits trust account a stabilization reserve trust account into which shall be deposited: (A) All employer contributions made in excess of the actuarial rate determined pursuant to § 8-36-922(b) ; and (B) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan. (2) Notwithstanding subdivision (d)(1)(A), any employer contributions attributable to federal funds shall not be deposited into the stabilization reserve trust account if such deposits are prohibited by an agency of the federal government or contrary to the advice of competent legal counsel or government accounting professionals of the retirement system. (3) If in any given year the total amount in the employer reserve account is not sufficient to meet the benefit liabilities of the defined benefit component of the plan as determined by the most recent actuarial study, then such amount as may be necessary to fund the benefits shall be transferred from the stabilization reserve trust account to the employer reserve trust account. (4) Notwithstanding this section, after the terms of the trust instrument governing the pension stabilization reserve trust are approved by the attorney general and reporter as provided in § 9-4-1001 , all employer contributions made thereafter in excess of the actuarial rate determined pursuant to § 8-36-922(b) shall be deposited into the pension stabilization reserve trust fund established pursuant to § 9-4-1001 . All funds contributed to the pension stabilization reserve trust fund pursuant to this subdivision (d)(4) shall be administered in accordance with title 9, chapter 4, part 10.
(1) There shall be established within the hybrid plan benefits trust account a stabilization reserve trust account into which shall be deposited: (A) All employer contributions made in excess of the actuarial rate determined pursuant to § 8-36-922(b) ; and (B) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan.
(A) All employer contributions made in excess of the actuarial rate determined pursuant to § 8-36-922(b) ; and
(B) A pro rata share of the interest and dividends earned on the funds of the defined benefit component of the hybrid plan.
(2) Notwithstanding subdivision (d)(1)(A), any employer contributions attributable to federal funds shall not be deposited into the stabilization reserve trust account if such deposits are prohibited by an agency of the federal government or contrary to the advice of competent legal counsel or government accounting professionals of the retirement system.
(3) If in any given year the total amount in the employer reserve account is not sufficient to meet the benefit liabilities of the defined benefit component of the plan as determined by the most recent actuarial study, then such amount as may be necessary to fund the benefits shall be transferred from the stabilization reserve trust account to the employer reserve trust account.
(4) Notwithstanding this section, after the terms of the trust instrument governing the pension stabilization reserve trust are approved by the attorney general and reporter as provided in § 9-4-1001 , all employer contributions made thereafter in excess of the actuarial rate determined pursuant to § 8-36-922(b) shall be deposited into the pension stabilization reserve trust fund established pursuant to § 9-4-1001 . All funds contributed to the pension stabilization reserve trust fund pursuant to this subdivision (d)(4) shall be administered in accordance with title 9, chapter 4, part 10.
(e) (1) For accounting purposes only, the reserve trust account and the stabilization reserve trust account created by this section shall each consist of the following individual separate accounts for the purpose of accounting for: (A) The benefits payable to state employees other than those described in subdivisions (e)(1)(B) and (C); (B) The benefits payable to the attorney general and reporter, district attorneys general, district public defenders and state judges; (C) The supplemental bridge benefits payable to state employees pursuant to § 8-36-211 ; and (D) The benefits payable to teachers. (2) In addition and for accounting purposes only, the reserve trust account and the stabilization reserve trust account shall each consist of individual separate accounts established in the name of each political subdivision participating under this part. Each political subdivision shall have the following three (3) separate subaccounts for the purpose of accounting for: (A) The benefits payable to employees of the political subdivision other than those described in subdivisions (e)(2)(B) and (C); (B) The benefits payable to its county judges pursuant to § 8-36-919(e) ; and (C) The supplemental bridge benefits payable to its employees pursuant to § 8-36-211 .
(1) For accounting purposes only, the reserve trust account and the stabilization reserve trust account created by this section shall each consist of the following individual separate accounts for the purpose of accounting for: (A) The benefits payable to state employees other than those described in subdivisions (e)(1)(B) and (C); (B) The benefits payable to the attorney general and reporter, district attorneys general, district public defenders and state judges; (C) The supplemental bridge benefits payable to state employees pursuant to § 8-36-211 ; and (D) The benefits payable to teachers.
(A) The benefits payable to state employees other than those described in subdivisions (e)(1)(B) and (C);
(B) The benefits payable to the attorney general and reporter, district attorneys general, district public defenders and state judges;
(C) The supplemental bridge benefits payable to state employees pursuant to § 8-36-211 ; and
(D) The benefits payable to teachers.
(2) In addition and for accounting purposes only, the reserve trust account and the stabilization reserve trust account shall each consist of individual separate accounts established in the name of each political subdivision participating under this part. Each political subdivision shall have the following three (3) separate subaccounts for the purpose of accounting for: (A) The benefits payable to employees of the political subdivision other than those described in subdivisions (e)(2)(B) and (C); (B) The benefits payable to its county judges pursuant to § 8-36-919(e) ; and (C) The supplemental bridge benefits payable to its employees pursuant to § 8-36-211 .
(A) The benefits payable to employees of the political subdivision other than those described in subdivisions (e)(2)(B) and (C);
(B) The benefits payable to its county judges pursuant to § 8-36-919(e) ; and
(C) The supplemental bridge benefits payable to its employees pursuant to § 8-36-211 .
(f) All monies deposited into the hybrid benefits plan trust account shall be used exclusively for the purposes set forth in this section.
(g) Notwithstanding subdivision (d)(1)(A), deposits of employer contributions into the stabilization reserve trust account shall be suspended effective July 1 of any given year next following the most recent actuarial valuation for an employer whose stabilization reserve trust account equals or exceeds a certain maximum amount that is determined by the board of trustees. The amount shall be expressed in dollars, as a percentage, or other form as shall be determined at the sole discretion of the board. The board, in consultation with the actuary, shall establish the methodology and procedures to be used in ascertaining the maximum amount. Unless the terms of the trust instrument governing the pension stabilization reserve trust are approved as provided in § 9-4-1001 , deposits into the stabilization reserve trust account shall be reinstated for the employer effective July 1 of any given year next following the most recent actuarial valuation when the total amount in the employer's stabilization reserve trust account is less than the maximum amount adopted by the board pursuant to this subsection (g). Once the terms of the trust instrument governing the pension stabilization reserve are approved as provided in § 9-4-1001 , deposits of employer contributions into the pension stabilization reserve trust fund shall be suspended and reinstated as provided in § 9-4-1005 .
Amended by 2017 Tenn. Acts, ch. 374, Secs.s 2, s 3, s 4 eff. 5/11/2017.
Amended by 2015 Tenn. Acts, ch. 421, s 14, eff. 5/8/2015.
Amended by 2014 Tenn. Acts, ch. 659, Secs.s 27, s 28 eff. 7/1/2014.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-14-112 — TN Code / Title 8 / Chapter 14 / Section 8-14-112
Additional assistant district public defender positions
Status: in_force

(a) Effective July 1, 2004, there are created eighteen (18) additional assistant district public defender positions to be designated in judicial districts as provided in this section. (b) (1) The executive director of the district public defenders conference and the administrative director of the courts shall meet and prepare a report that contains the recommendations of such officials as to the specific judicial districts in which the additional assistant district public defender positions created pursuant to subsection (a) should be designated. Such report shall be prepared in consultation with the comptroller. (2) By October 1, 2004, the executive director of the district public defenders conference shall file the report prepared pursuant to subdivision (b)(1) with the speakers of the senate and house of representatives and chairs of the judiciary committees of the senate and house of representatives. Upon the filing of such report, the district public defenders recommended by the report to receive additional assistant positions shall be authorized to interview and employ persons to fill such positions. (c) As early as is practicable during the first session of the one hundred fourth general assembly, the general assembly shall consider and enact legislation that specifically designates the judicial districts in which the persons employed in the additional assistant district public defender positions created pursuant to subsection (a) will serve. Acts 2004, ch. 821, § 1.
(a) Effective July 1, 2004, there are created eighteen (18) additional assistant district public defender positions to be designated in judicial districts as provided in this section.
(b) (1) The executive director of the district public defenders conference and the administrative director of the courts shall meet and prepare a report that contains the recommendations of such officials as to the specific judicial districts in which the additional assistant district public defender positions created pursuant to subsection (a) should be designated. Such report shall be prepared in consultation with the comptroller. (2) By October 1, 2004, the executive director of the district public defenders conference shall file the report prepared pursuant to subdivision (b)(1) with the speakers of the senate and house of representatives and chairs of the judiciary committees of the senate and house of representatives. Upon the filing of such report, the district public defenders recommended by the report to receive additional assistant positions shall be authorized to interview and employ persons to fill such positions.
(1) The executive director of the district public defenders conference and the administrative director of the courts shall meet and prepare a report that contains the recommendations of such officials as to the specific judicial districts in which the additional assistant district public defender positions created pursuant to subsection (a) should be designated. Such report shall be prepared in consultation with the comptroller.
(2) By October 1, 2004, the executive director of the district public defenders conference shall file the report prepared pursuant to subdivision (b)(1) with the speakers of the senate and house of representatives and chairs of the judiciary committees of the senate and house of representatives. Upon the filing of such report, the district public defenders recommended by the report to receive additional assistant positions shall be authorized to interview and employ persons to fill such positions.
(c) As early as is practicable during the first session of the one hundred fourth general assembly, the general assembly shall consider and enact legislation that specifically designates the judicial districts in which the persons employed in the additional assistant district public defender positions created pursuant to subsection (a) will serve.
Acts 2004, ch. 821, § 1.
Tenn. Code Ann. § 8-34-604 — TN Code / Title 8 / Chapter 34 / Section 8-34-604
Sick leave as creditable service
Status: in_force

(a) Upon retirement, any employee of the state who has accumulated sick leave under chapter 50, part 8 of this title, or any teacher who has accumulated sick leave under § 49-5-710 , or any state university and community college system or University of Tennessee employee member who has accumulated sick leave to an extent not exceeding that sick leave provided under chapter 50, part 8 of this title, shall be credited with such accumulated sick leave as creditable service at the rate specified in subsection (b); provided, that: (1) The last employing department or agency employer shall certify in the manner prescribed by the retirement system the number of unused accumulated sick leave days to the credit of such member at the time of retirement; (2) The employer shall certify that the accrued sick leave claimed is substantiated by records of the employer's agency compiled during the course of employment for which the leave was earned and not from records compiled solely for purposes of establishing retirement credit; and (3) Employee members of the state university and community college system and the University of Tennessee shall receive no more retirement credit for such accumulated sick leave than any other state employee, and shall not be credited with such leave as creditable service at a rate exceeding twelve (12) days per year of service. (b) Each twenty (20) days of accumulated sick leave shall equal a month of retirement credit, or any time less than twenty (20) days, a fractional part thereof. Any teacher or education agency employee who renders a school year of service that is less than twelve (12) full months is nevertheless entitled to receive credit for unused accumulated sick leave at retirement. The amount of such credit shall be proportionate to twelve (12) months divided by the number of months in the school year for that position. The number of months scheduled to work per year during the majority of the member's last three (3) years of service shall be used to establish whether the retiring member is a nine-month, ten-month, eleven-month or twelve-month employee for purposes of this section. (c) The governing body of any employer participating in the retirement system pursuant to chapter 35, part 2 of this title may authorize its employees who have unused accumulated sick leave at retirement to be credited with such accrued leave pursuant to this section. Before any such credit is granted, the governing body must pass a resolution authorizing the credit and accepting the liability therefor. (d) Any retiree who returns to service and again becomes a member pursuant to § 8-36-802 , and whose accumulated sick leave is restored to such retiree's sick leave account, shall only be entitled to retirement credit for unused sick leave based on the certification of such retiree's last employer. Any previously granted sick leave shall be deducted from the original benefit should it be reinstated in accordance with § 8-36-802(b) . (e) Notwithstanding the foregoing, sick leave conversions shall be permitted only if: (1) The leave is for unused accrued paid time off for sick leave or for comparable paid time off under an established leave policy without regard to whether the leave is due to illness or incapacity; (2) The leave policy qualifies as a bona fide sick leave plan for purposes of § 409A of the Internal Revenue Code ( 26 U.S.C. § 409A ), and Treasury Regulation § 1.409A-1(a)(5); (3) The sick leave plan provides for service credit for a member's unused paid time off; provided, that the eligibility requirements for participation in the plan do not permit an employee to become a member only in the plan year in which the member terminates employment; (4) The conversion is automatic and the member has no right to request a cash payment; (5) The unused paid time off is converted to service credit under a specified formula which satisfies the definitely determinable standard of Treasury Regulation § 1.401-1(b)(1)(i); (6) The plan otherwise provides for service credit unrelated to the conversion of any member's unused paid time off; and (7) The member's annual benefit, as adjusted by the leave conversion, does not exceed the limit under § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ). Amended by 2019 Tenn. Acts, ch. 381, s 9, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 962, s 21, eff. 4/27/2016. Amended by 2016 Tenn. Acts, ch. 605, s 4, eff. 3/17/2016. Acts 1974, ch. 800, § 1; 1975, ch. 319, § 1; 1977, ch. 331, § 1; 1977, ch. 381, §§ 1, 2; 1979, ch. 320, § 3; T.C.A., § 8-3904; Acts 1985, ch. 449, § 5; 1989, ch. 177, § 1; 1999, ch. 79, § 2; 2006, ch. 870, § 10; 2009 , ch. 142, § 12.
(a) Upon retirement, any employee of the state who has accumulated sick leave under chapter 50, part 8 of this title, or any teacher who has accumulated sick leave under § 49-5-710 , or any state university and community college system or University of Tennessee employee member who has accumulated sick leave to an extent not exceeding that sick leave provided under chapter 50, part 8 of this title, shall be credited with such accumulated sick leave as creditable service at the rate specified in subsection (b); provided, that: (1) The last employing department or agency employer shall certify in the manner prescribed by the retirement system the number of unused accumulated sick leave days to the credit of such member at the time of retirement; (2) The employer shall certify that the accrued sick leave claimed is substantiated by records of the employer's agency compiled during the course of employment for which the leave was earned and not from records compiled solely for purposes of establishing retirement credit; and (3) Employee members of the state university and community college system and the University of Tennessee shall receive no more retirement credit for such accumulated sick leave than any other state employee, and shall not be credited with such leave as creditable service at a rate exceeding twelve (12) days per year of service.
(1) The last employing department or agency employer shall certify in the manner prescribed by the retirement system the number of unused accumulated sick leave days to the credit of such member at the time of retirement;
(2) The employer shall certify that the accrued sick leave claimed is substantiated by records of the employer's agency compiled during the course of employment for which the leave was earned and not from records compiled solely for purposes of establishing retirement credit; and
(3) Employee members of the state university and community college system and the University of Tennessee shall receive no more retirement credit for such accumulated sick leave than any other state employee, and shall not be credited with such leave as creditable service at a rate exceeding twelve (12) days per year of service.
(b) Each twenty (20) days of accumulated sick leave shall equal a month of retirement credit, or any time less than twenty (20) days, a fractional part thereof. Any teacher or education agency employee who renders a school year of service that is less than twelve (12) full months is nevertheless entitled to receive credit for unused accumulated sick leave at retirement. The amount of such credit shall be proportionate to twelve (12) months divided by the number of months in the school year for that position. The number of months scheduled to work per year during the majority of the member's last three (3) years of service shall be used to establish whether the retiring member is a nine-month, ten-month, eleven-month or twelve-month employee for purposes of this section.
(c) The governing body of any employer participating in the retirement system pursuant to chapter 35, part 2 of this title may authorize its employees who have unused accumulated sick leave at retirement to be credited with such accrued leave pursuant to this section. Before any such credit is granted, the governing body must pass a resolution authorizing the credit and accepting the liability therefor.
(d) Any retiree who returns to service and again becomes a member pursuant to § 8-36-802 , and whose accumulated sick leave is restored to such retiree's sick leave account, shall only be entitled to retirement credit for unused sick leave based on the certification of such retiree's last employer. Any previously granted sick leave shall be deducted from the original benefit should it be reinstated in accordance with § 8-36-802(b) .
(e) Notwithstanding the foregoing, sick leave conversions shall be permitted only if: (1) The leave is for unused accrued paid time off for sick leave or for comparable paid time off under an established leave policy without regard to whether the leave is due to illness or incapacity; (2) The leave policy qualifies as a bona fide sick leave plan for purposes of § 409A of the Internal Revenue Code ( 26 U.S.C. § 409A ), and Treasury Regulation § 1.409A-1(a)(5); (3) The sick leave plan provides for service credit for a member's unused paid time off; provided, that the eligibility requirements for participation in the plan do not permit an employee to become a member only in the plan year in which the member terminates employment; (4) The conversion is automatic and the member has no right to request a cash payment; (5) The unused paid time off is converted to service credit under a specified formula which satisfies the definitely determinable standard of Treasury Regulation § 1.401-1(b)(1)(i); (6) The plan otherwise provides for service credit unrelated to the conversion of any member's unused paid time off; and (7) The member's annual benefit, as adjusted by the leave conversion, does not exceed the limit under § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ).
(1) The leave is for unused accrued paid time off for sick leave or for comparable paid time off under an established leave policy without regard to whether the leave is due to illness or incapacity;
(2) The leave policy qualifies as a bona fide sick leave plan for purposes of § 409A of the Internal Revenue Code ( 26 U.S.C. § 409A ), and Treasury Regulation § 1.409A-1(a)(5);
(3) The sick leave plan provides for service credit for a member's unused paid time off; provided, that the eligibility requirements for participation in the plan do not permit an employee to become a member only in the plan year in which the member terminates employment;
(4) The conversion is automatic and the member has no right to request a cash payment;
(5) The unused paid time off is converted to service credit under a specified formula which satisfies the definitely determinable standard of Treasury Regulation § 1.401-1(b)(1)(i);
(6) The plan otherwise provides for service credit unrelated to the conversion of any member's unused paid time off; and
(7) The member's annual benefit, as adjusted by the leave conversion, does not exceed the limit under § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ).
Amended by 2019 Tenn. Acts, ch. 381, s 9, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 962, s 21, eff. 4/27/2016.
Amended by 2016 Tenn. Acts, ch. 605, s 4, eff. 3/17/2016.
Acts 1974, ch. 800, § 1; 1975, ch. 319, § 1; 1977, ch. 331, § 1; 1977, ch. 381, §§ 1, 2; 1979, ch. 320, § 3; T.C.A., § 8-3904; Acts 1985, ch. 449, § 5; 1989, ch. 177, § 1; 1999, ch. 79, § 2; 2006, ch. 870, § 10; 2009 , ch. 142, § 12.
Tenn. Code Ann. § 8-8-102 — TN Code / Title 8 / Chapter 8 / Section 8-8-102
Qualifications for office - Affidavits - Training - Challenge to candidate's qualifications - Fraudulent challenge
Status: in_force

(a) After May 30, 1997, to qualify for election or appointment to the office of sheriff a person shall: (1) Be a citizen of the United States; (2) Be at least twenty-five (25) years of age prior to the date of qualifying for election; (3) Be a qualified voter of the county and a resident of the county for one (1) full year prior to the date of the qualifying deadline for running as a candidate for sheriff; (4) Have obtained a high school diploma or its equivalent in educational training as recognized by the Tennessee state board of education; (5) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any misdemeanor crime of domestic violence or any felony charge or violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances; (6) Be fingerprinted and have the Tennessee bureau of investigation (TBI) make a search of local, state and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of TBI. It shall be the responsibility of TBI to forward all criminal history results to the peace officer standards and training (POST) commission for evaluation of qualifications; (7) Not have been released, separated or discharged from the armed forces of the United States with a dishonorable or bad conduct discharge, or as a consequence of conviction at court martial for either state or federal offenses; (8) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation; (9) (A) Except as provided in subdivision (a)(9)(B), have at least three (3) years of full-time experience as a POST commission certified law enforcement officer in the previous ten (10) years or at least three (3) years of full-time experience as a state or federal certified law enforcement officer with training equivalent to that required by the POST commission in the previous ten (10) years; provided, that any person holding the office of sheriff on May 30, 2011, shall be deemed to have met the requirements of this subdivision (a)(9). (B) Subdivision (a)(9)(A) shall not apply in any county having a metropolitan form of government where the sheriff does not have full law enforcement powers; and (10) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or violation of any federal or state laws relating to controlled substance analogues. (b) (1) Any person seeking the office of sheriff shall file with the POST commission, at least fourteen (14) days prior to the qualifying deadline, the following: (A) An affidavit sworn to and signed by the candidate affirming that the candidate meets the requirements of this section; and (B) A confirmation of psychological evaluation form certified by the psychologist/psychiatrist providing psychological evaluation as provided for in subdivision (a)(8) for the purposes of sheriff candidacy qualification. The form shall be developed by the POST commission and shall include the examining psychologist's/psychiatrist's license number and state of licensure. The form shall clearly state in bold face type directly above the signature line that a person who, with intent to deceive, makes any false statement on such application commits the offense of perjury pursuant to § 39-16-702 . The form shall be made available by the POST commission upon request by any candidate for the office of sheriff. (2) If such affidavit and form are not filed with the POST commission by the fourteenth day prior to the qualifying deadline for the office of sheriff, such candidate's name shall not be placed on the ballot. The POST commission shall have the authority to verify the validity of such affidavit and form. (3) (A) The POST commission shall verify peace officer standards and training certification of any person seeking the office of sheriff to the extent subdivision (a)(9) requires such person to have such certification. If the person does not have such certification on the date the person files the affidavit seeking to qualify as a candidate for the office of sheriff, the POST commission shall certify whether the person has the three (3) years of full-time experience as a POST commission certified law enforcement officer and whether the certification is current. If the candidate does not have a current certification, or if the person has the law enforcement experience as a state or federal law enforcement officer pursuant to subdivision (a)(9), then such candidate shall certify with the county election commission by the withdrawal deadline their exemption pursuant to subdivision (a)(9). (B) The original notarized verification form from the POST commission shall be filed by the POST commission with the county election commission by the withdrawal deadline. (C) If the POST commission or the candidate, as appropriate, has not certified to the county election commission by the withdrawal deadline a person seeking to qualify as a candidate for the office of sheriff as meeting the qualifications as provided for in this section, such person's name shall not appear on the ballot. (D) In the event that a person seeks election to the office of sheriff by the county legislative body to fill a vacancy in office, such verification must be filed with the county clerk prior to the election. (c) (1) Every person who is elected or appointed to the office of sheriff after May 30, 1997, shall, annually during the sheriff's term of office, complete forty (40) hours of in-service training appropriate for the rank and responsibilities of a sheriff. The training shall be approved by the POST commission. Any sheriff who does not fulfill the obligations of this annual in-service training shall lose the power of arrest. (2) Every person who is elected to the office of sheriff after August 1, 2006, in a regular August general election for a four-year term, and is a first term sheriff, regardless of the person's previous law enforcement experience, must successfully complete the newly elected sheriffs' school prior to September 1 immediately following the person's election, and thereafter must successfully complete forty (40) hours of annual in-service training appropriate for the rank and responsibilities of a sheriff pursuant to subdivision (c)(1). The newly elected sheriffs' school shall be taught at the Tennessee law enforcement academy during the month of August, only in the years that elections for sheriffs are held. The curriculum shall be developed by the Tennessee law enforcement training academy in cooperation with the Tennessee Sheriffs' Association and must be approved by the POST commission. Any usual and customary cost associated with attending the newly elected sheriffs' school shall be paid by the county. Any such sheriff who does not fulfill the obligations of this training course shall lose the power of arrest. No fees collected for the sheriffs' school shall inure to the benefit of the Tennessee Sheriffs' Association. (d) A person may challenge whether a candidate has the required qualifications for sheriff, as identified in subsection (a); provided, that the challenge is filed in writing with the POST commission no later than twelve o'clock (12:00) noon prevailing time on the third day after the qualifying deadline, as determined under § 2-5-101(a) . (e) If a candidate's qualifications are challenged pursuant to subsection (d), the POST commission shall: (1) Notify the candidate of the challenge; (2) Review and verify the candidate's required qualifications, identified in subsection (a); (3) Review and verify the candidate's affidavit and psychological evaluation form, in accordance with subsection (b); and (4) If the POST commission determines the candidate does not possess the required qualifications for sheriff: (A) Disqualify the candidate; (B) Notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; and (C) Request that the county election commission: (i) Not print the candidate's name on any ballot; and (ii) Remove the candidate's name from any printed ballot. (f) (1) It is an offense for a person to intentionally file a fraudulent challenge under subsection (d). (2) A violation of subdivision (f)(1) is a Class A misdemeanor punishable by fine only. Amended by 2015 Tenn. Acts, ch. 508, s 1, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 137, s 1, eff. 4/12/2013. Code 1858, § 358 (deriv. Acts 1777 (Nov.), ch. 8, § 3); Shan., § 447; Code 1932, § 694; T.C.A. (orig. ed.), § 8-802; Acts 1993, ch. 373, § 2; 1994, ch. 941, § 1; 1997 , ch. 338, §§ 1, 2; 2000, ch. 742, §§ 1, 2; 2001, ch. 360, § 1; 2001, ch. 413, § 15; 2006, ch. 948, § 1; 2011 , ch. 370, § 1; 2012 , ch. 848, § 5.
(a) After May 30, 1997, to qualify for election or appointment to the office of sheriff a person shall: (1) Be a citizen of the United States; (2) Be at least twenty-five (25) years of age prior to the date of qualifying for election; (3) Be a qualified voter of the county and a resident of the county for one (1) full year prior to the date of the qualifying deadline for running as a candidate for sheriff; (4) Have obtained a high school diploma or its equivalent in educational training as recognized by the Tennessee state board of education; (5) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any misdemeanor crime of domestic violence or any felony charge or violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances; (6) Be fingerprinted and have the Tennessee bureau of investigation (TBI) make a search of local, state and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of TBI. It shall be the responsibility of TBI to forward all criminal history results to the peace officer standards and training (POST) commission for evaluation of qualifications; (7) Not have been released, separated or discharged from the armed forces of the United States with a dishonorable or bad conduct discharge, or as a consequence of conviction at court martial for either state or federal offenses; (8) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation; (9) (A) Except as provided in subdivision (a)(9)(B), have at least three (3) years of full-time experience as a POST commission certified law enforcement officer in the previous ten (10) years or at least three (3) years of full-time experience as a state or federal certified law enforcement officer with training equivalent to that required by the POST commission in the previous ten (10) years; provided, that any person holding the office of sheriff on May 30, 2011, shall be deemed to have met the requirements of this subdivision (a)(9). (B) Subdivision (a)(9)(A) shall not apply in any county having a metropolitan form of government where the sheriff does not have full law enforcement powers; and (10) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or violation of any federal or state laws relating to controlled substance analogues.
(1) Be a citizen of the United States;
(2) Be at least twenty-five (25) years of age prior to the date of qualifying for election;
(3) Be a qualified voter of the county and a resident of the county for one (1) full year prior to the date of the qualifying deadline for running as a candidate for sheriff;
(4) Have obtained a high school diploma or its equivalent in educational training as recognized by the Tennessee state board of education;
(5) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any misdemeanor crime of domestic violence or any felony charge or violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances;
(6) Be fingerprinted and have the Tennessee bureau of investigation (TBI) make a search of local, state and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of TBI. It shall be the responsibility of TBI to forward all criminal history results to the peace officer standards and training (POST) commission for evaluation of qualifications;
(7) Not have been released, separated or discharged from the armed forces of the United States with a dishonorable or bad conduct discharge, or as a consequence of conviction at court martial for either state or federal offenses;
(8) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation;
(9) (A) Except as provided in subdivision (a)(9)(B), have at least three (3) years of full-time experience as a POST commission certified law enforcement officer in the previous ten (10) years or at least three (3) years of full-time experience as a state or federal certified law enforcement officer with training equivalent to that required by the POST commission in the previous ten (10) years; provided, that any person holding the office of sheriff on May 30, 2011, shall be deemed to have met the requirements of this subdivision (a)(9). (B) Subdivision (a)(9)(A) shall not apply in any county having a metropolitan form of government where the sheriff does not have full law enforcement powers; and
(A) Except as provided in subdivision (a)(9)(B), have at least three (3) years of full-time experience as a POST commission certified law enforcement officer in the previous ten (10) years or at least three (3) years of full-time experience as a state or federal certified law enforcement officer with training equivalent to that required by the POST commission in the previous ten (10) years; provided, that any person holding the office of sheriff on May 30, 2011, shall be deemed to have met the requirements of this subdivision (a)(9).
(B) Subdivision (a)(9)(A) shall not apply in any county having a metropolitan form of government where the sheriff does not have full law enforcement powers; and
(10) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or violation of any federal or state laws relating to controlled substance analogues.
(b) (1) Any person seeking the office of sheriff shall file with the POST commission, at least fourteen (14) days prior to the qualifying deadline, the following: (A) An affidavit sworn to and signed by the candidate affirming that the candidate meets the requirements of this section; and (B) A confirmation of psychological evaluation form certified by the psychologist/psychiatrist providing psychological evaluation as provided for in subdivision (a)(8) for the purposes of sheriff candidacy qualification. The form shall be developed by the POST commission and shall include the examining psychologist's/psychiatrist's license number and state of licensure. The form shall clearly state in bold face type directly above the signature line that a person who, with intent to deceive, makes any false statement on such application commits the offense of perjury pursuant to § 39-16-702 . The form shall be made available by the POST commission upon request by any candidate for the office of sheriff. (2) If such affidavit and form are not filed with the POST commission by the fourteenth day prior to the qualifying deadline for the office of sheriff, such candidate's name shall not be placed on the ballot. The POST commission shall have the authority to verify the validity of such affidavit and form. (3) (A) The POST commission shall verify peace officer standards and training certification of any person seeking the office of sheriff to the extent subdivision (a)(9) requires such person to have such certification. If the person does not have such certification on the date the person files the affidavit seeking to qualify as a candidate for the office of sheriff, the POST commission shall certify whether the person has the three (3) years of full-time experience as a POST commission certified law enforcement officer and whether the certification is current. If the candidate does not have a current certification, or if the person has the law enforcement experience as a state or federal law enforcement officer pursuant to subdivision (a)(9), then such candidate shall certify with the county election commission by the withdrawal deadline their exemption pursuant to subdivision (a)(9). (B) The original notarized verification form from the POST commission shall be filed by the POST commission with the county election commission by the withdrawal deadline. (C) If the POST commission or the candidate, as appropriate, has not certified to the county election commission by the withdrawal deadline a person seeking to qualify as a candidate for the office of sheriff as meeting the qualifications as provided for in this section, such person's name shall not appear on the ballot. (D) In the event that a person seeks election to the office of sheriff by the county legislative body to fill a vacancy in office, such verification must be filed with the county clerk prior to the election.
(1) Any person seeking the office of sheriff shall file with the POST commission, at least fourteen (14) days prior to the qualifying deadline, the following: (A) An affidavit sworn to and signed by the candidate affirming that the candidate meets the requirements of this section; and (B) A confirmation of psychological evaluation form certified by the psychologist/psychiatrist providing psychological evaluation as provided for in subdivision (a)(8) for the purposes of sheriff candidacy qualification. The form shall be developed by the POST commission and shall include the examining psychologist's/psychiatrist's license number and state of licensure. The form shall clearly state in bold face type directly above the signature line that a person who, with intent to deceive, makes any false statement on such application commits the offense of perjury pursuant to § 39-16-702 . The form shall be made available by the POST commission upon request by any candidate for the office of sheriff.
(A) An affidavit sworn to and signed by the candidate affirming that the candidate meets the requirements of this section; and
(B) A confirmation of psychological evaluation form certified by the psychologist/psychiatrist providing psychological evaluation as provided for in subdivision (a)(8) for the purposes of sheriff candidacy qualification. The form shall be developed by the POST commission and shall include the examining psychologist's/psychiatrist's license number and state of licensure. The form shall clearly state in bold face type directly above the signature line that a person who, with intent to deceive, makes any false statement on such application commits the offense of perjury pursuant to § 39-16-702 . The form shall be made available by the POST commission upon request by any candidate for the office of sheriff.
(2) If such affidavit and form are not filed with the POST commission by the fourteenth day prior to the qualifying deadline for the office of sheriff, such candidate's name shall not be placed on the ballot. The POST commission shall have the authority to verify the validity of such affidavit and form.
(3) (A) The POST commission shall verify peace officer standards and training certification of any person seeking the office of sheriff to the extent subdivision (a)(9) requires such person to have such certification. If the person does not have such certification on the date the person files the affidavit seeking to qualify as a candidate for the office of sheriff, the POST commission shall certify whether the person has the three (3) years of full-time experience as a POST commission certified law enforcement officer and whether the certification is current. If the candidate does not have a current certification, or if the person has the law enforcement experience as a state or federal law enforcement officer pursuant to subdivision (a)(9), then such candidate shall certify with the county election commission by the withdrawal deadline their exemption pursuant to subdivision (a)(9). (B) The original notarized verification form from the POST commission shall be filed by the POST commission with the county election commission by the withdrawal deadline. (C) If the POST commission or the candidate, as appropriate, has not certified to the county election commission by the withdrawal deadline a person seeking to qualify as a candidate for the office of sheriff as meeting the qualifications as provided for in this section, such person's name shall not appear on the ballot. (D) In the event that a person seeks election to the office of sheriff by the county legislative body to fill a vacancy in office, such verification must be filed with the county clerk prior to the election.
(A) The POST commission shall verify peace officer standards and training certification of any person seeking the office of sheriff to the extent subdivision (a)(9) requires such person to have such certification. If the person does not have such certification on the date the person files the affidavit seeking to qualify as a candidate for the office of sheriff, the POST commission shall certify whether the person has the three (3) years of full-time experience as a POST commission certified law enforcement officer and whether the certification is current. If the candidate does not have a current certification, or if the person has the law enforcement experience as a state or federal law enforcement officer pursuant to subdivision (a)(9), then such candidate shall certify with the county election commission by the withdrawal deadline their exemption pursuant to subdivision (a)(9).
(B) The original notarized verification form from the POST commission shall be filed by the POST commission with the county election commission by the withdrawal deadline.
(C) If the POST commission or the candidate, as appropriate, has not certified to the county election commission by the withdrawal deadline a person seeking to qualify as a candidate for the office of sheriff as meeting the qualifications as provided for in this section, such person's name shall not appear on the ballot.
(D) In the event that a person seeks election to the office of sheriff by the county legislative body to fill a vacancy in office, such verification must be filed with the county clerk prior to the election.
(c) (1) Every person who is elected or appointed to the office of sheriff after May 30, 1997, shall, annually during the sheriff's term of office, complete forty (40) hours of in-service training appropriate for the rank and responsibilities of a sheriff. The training shall be approved by the POST commission. Any sheriff who does not fulfill the obligations of this annual in-service training shall lose the power of arrest. (2) Every person who is elected to the office of sheriff after August 1, 2006, in a regular August general election for a four-year term, and is a first term sheriff, regardless of the person's previous law enforcement experience, must successfully complete the newly elected sheriffs' school prior to September 1 immediately following the person's election, and thereafter must successfully complete forty (40) hours of annual in-service training appropriate for the rank and responsibilities of a sheriff pursuant to subdivision (c)(1). The newly elected sheriffs' school shall be taught at the Tennessee law enforcement academy during the month of August, only in the years that elections for sheriffs are held. The curriculum shall be developed by the Tennessee law enforcement training academy in cooperation with the Tennessee Sheriffs' Association and must be approved by the POST commission. Any usual and customary cost associated with attending the newly elected sheriffs' school shall be paid by the county. Any such sheriff who does not fulfill the obligations of this training course shall lose the power of arrest. No fees collected for the sheriffs' school shall inure to the benefit of the Tennessee Sheriffs' Association.
(1) Every person who is elected or appointed to the office of sheriff after May 30, 1997, shall, annually during the sheriff's term of office, complete forty (40) hours of in-service training appropriate for the rank and responsibilities of a sheriff. The training shall be approved by the POST commission. Any sheriff who does not fulfill the obligations of this annual in-service training shall lose the power of arrest.
(2) Every person who is elected to the office of sheriff after August 1, 2006, in a regular August general election for a four-year term, and is a first term sheriff, regardless of the person's previous law enforcement experience, must successfully complete the newly elected sheriffs' school prior to September 1 immediately following the person's election, and thereafter must successfully complete forty (40) hours of annual in-service training appropriate for the rank and responsibilities of a sheriff pursuant to subdivision (c)(1). The newly elected sheriffs' school shall be taught at the Tennessee law enforcement academy during the month of August, only in the years that elections for sheriffs are held. The curriculum shall be developed by the Tennessee law enforcement training academy in cooperation with the Tennessee Sheriffs' Association and must be approved by the POST commission. Any usual and customary cost associated with attending the newly elected sheriffs' school shall be paid by the county. Any such sheriff who does not fulfill the obligations of this training course shall lose the power of arrest. No fees collected for the sheriffs' school shall inure to the benefit of the Tennessee Sheriffs' Association.
(d) A person may challenge whether a candidate has the required qualifications for sheriff, as identified in subsection (a); provided, that the challenge is filed in writing with the POST commission no later than twelve o'clock (12:00) noon prevailing time on the third day after the qualifying deadline, as determined under § 2-5-101(a) .
(e) If a candidate's qualifications are challenged pursuant to subsection (d), the POST commission shall: (1) Notify the candidate of the challenge; (2) Review and verify the candidate's required qualifications, identified in subsection (a); (3) Review and verify the candidate's affidavit and psychological evaluation form, in accordance with subsection (b); and (4) If the POST commission determines the candidate does not possess the required qualifications for sheriff: (A) Disqualify the candidate; (B) Notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; and (C) Request that the county election commission: (i) Not print the candidate's name on any ballot; and (ii) Remove the candidate's name from any printed ballot.
(1) Notify the candidate of the challenge;
(2) Review and verify the candidate's required qualifications, identified in subsection (a);
(3) Review and verify the candidate's affidavit and psychological evaluation form, in accordance with subsection (b); and
(4) If the POST commission determines the candidate does not possess the required qualifications for sheriff: (A) Disqualify the candidate; (B) Notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; and (C) Request that the county election commission: (i) Not print the candidate's name on any ballot; and (ii) Remove the candidate's name from any printed ballot.
(A) Disqualify the candidate;
(B) Notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon prevailing time on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; and
(C) Request that the county election commission: (i) Not print the candidate's name on any ballot; and (ii) Remove the candidate's name from any printed ballot.
(i) Not print the candidate's name on any ballot; and
(ii) Remove the candidate's name from any printed ballot.
(f) (1) It is an offense for a person to intentionally file a fraudulent challenge under subsection (d). (2) A violation of subdivision (f)(1) is a Class A misdemeanor punishable by fine only.
(1) It is an offense for a person to intentionally file a fraudulent challenge under subsection (d).
(2) A violation of subdivision (f)(1) is a Class A misdemeanor punishable by fine only.
Amended by 2015 Tenn. Acts, ch. 508, s 1, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 137, s 1, eff. 4/12/2013.
Code 1858, § 358 (deriv. Acts 1777 (Nov.), ch. 8, § 3); Shan., § 447; Code 1932, § 694; T.C.A. (orig. ed.), § 8-802; Acts 1993, ch. 373, § 2; 1994, ch. 941, § 1; 1997 , ch. 338, §§ 1, 2; 2000, ch. 742, §§ 1, 2; 2001, ch. 360, § 1; 2001, ch. 413, § 15; 2006, ch. 948, § 1; 2011 , ch. 370, § 1; 2012 , ch. 848, § 5.
Tenn. Code Ann. § 8-35-237 — TN Code / Title 8 / Chapter 35 / Section 8-35-237
Elected purchasing agent and appointed administrator of elections
Status: in_force

(a) Notwithstanding any law to the contrary, any county served by a purchasing agent elected by popular vote or an appointed administrator of elections may authorize membership in the Tennessee consolidated retirement system for such officials if all of the following conditions are met: (1) The chief governing body of the local government passes a resolution authorizing an actuarial study to determine the liability associated with such membership, and accepting responsibility for the costs of such study; and (2) Following receipt of the actuarial study, the governing body of the local government passes a resolution authorizing such participation and accepting the liability for such participation. (b) The employee will make the same contributions, participate in the same manner and will be eligible for the same benefits as employees of local governments participating in the retirement system under this part. (c) The employee will be entitled to credit for prior service as an elected purchasing agent or appointed administrator of elections as approved by the governing body of the local government under the same provisions which apply to employees of participating local governments. (d) Notwithstanding subdivision (a)(1) to the contrary, any county with county officials participating in the retirement system pursuant to § 8-35-116(b) shall not be required to have an actuarial study performed in order to authorize membership in the retirement system for its elected purchasing agent or appointed administrator of elections. In the event the county elects not to have such an actuarial study performed, the employer contributions payable to the retirement system by the county for such participation shall be based upon the employer contribution rate established for the county pursuant to § 8-35-116(b) . (e) The retirement system shall not be liable for the payment of retirement allowance or other payments on account of employees of the local government or their beneficiaries, for which reserves have not been previously created from funds contributed by the local government and/or its employees. (f) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the local government. (g) This section shall not be construed to require the local government to extend coverage to any other employees of the local government. Acts 1990, ch. 779, § 1; 2005, ch. 89, § 1.
(a) Notwithstanding any law to the contrary, any county served by a purchasing agent elected by popular vote or an appointed administrator of elections may authorize membership in the Tennessee consolidated retirement system for such officials if all of the following conditions are met: (1) The chief governing body of the local government passes a resolution authorizing an actuarial study to determine the liability associated with such membership, and accepting responsibility for the costs of such study; and (2) Following receipt of the actuarial study, the governing body of the local government passes a resolution authorizing such participation and accepting the liability for such participation.
(1) The chief governing body of the local government passes a resolution authorizing an actuarial study to determine the liability associated with such membership, and accepting responsibility for the costs of such study; and
(2) Following receipt of the actuarial study, the governing body of the local government passes a resolution authorizing such participation and accepting the liability for such participation.
(b) The employee will make the same contributions, participate in the same manner and will be eligible for the same benefits as employees of local governments participating in the retirement system under this part.
(c) The employee will be entitled to credit for prior service as an elected purchasing agent or appointed administrator of elections as approved by the governing body of the local government under the same provisions which apply to employees of participating local governments.
(d) Notwithstanding subdivision (a)(1) to the contrary, any county with county officials participating in the retirement system pursuant to § 8-35-116(b) shall not be required to have an actuarial study performed in order to authorize membership in the retirement system for its elected purchasing agent or appointed administrator of elections. In the event the county elects not to have such an actuarial study performed, the employer contributions payable to the retirement system by the county for such participation shall be based upon the employer contribution rate established for the county pursuant to § 8-35-116(b) .
(e) The retirement system shall not be liable for the payment of retirement allowance or other payments on account of employees of the local government or their beneficiaries, for which reserves have not been previously created from funds contributed by the local government and/or its employees.
(f) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the local government.
(g) This section shall not be construed to require the local government to extend coverage to any other employees of the local government.
Acts 1990, ch. 779, § 1; 2005, ch. 89, § 1.
Tenn. Code Ann. § 8-7-232 — TN Code / Title 8 / Chapter 7 / Section 8-7-232
Salary increases for criminal investigators
Status: in_force

On July 1, 1995, and each subsequent July 1, the salary levels for criminal investigators shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. Acts 1994, ch. 704, § 8.
On July 1, 1995, and each subsequent July 1, the salary levels for criminal investigators shall be increased by such percentage amount as shall be fixed by the general assembly in the general appropriations act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees.
Acts 1994, ch. 704, § 8.
Tenn. Code Ann. § 8-36-109 — TN Code / Title 8 / Chapter 36 / Section 8-36-109
Survivor benefits
Status: in_force

(a) Upon the death of a member in service who has reached the applicable eligibility requirements for an early or service retirement allowance as set forth in part 2 or 3 of this chapter, a retirement allowance shall be paid to the member's surviving designated beneficiary, if any. (1) No benefits shall be payable under this subsection (a) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title. (2) The retirement allowance payable to the beneficiary shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 1 as provided in part 6 of this chapter with such person nominated as the beneficiary under the option. (3) (A) Notwithstanding any other law to the contrary, if the member's spouse is the designated beneficiary on the date of the member's death, and if that spouse should thereafter die leaving a surviving minor child or children of the member, then the annuity the spouse was receiving under this subsection (a) shall be divided equally among the member's surviving minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children. (B) If the member's spouse is designated as the sole beneficiary on the date of the member's death, and if that spouse predeceased the member or died in a common accident or occurrence with the member, then the member's surviving minor child or children shall be entitled to the same annuity as set forth in subdivision (a)(3)(A). (b) (1) Upon the death of a member in service who is vested, a retirement allowance shall be paid to the member's surviving spouse, if any, if the spouse is designated as beneficiary. (A) No benefits shall be payable under this subsection (b) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title. (B) The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 1 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option. (C) The retirement allowance payable under this subsection (b) shall be reduced by four-tenths of one percent (0.4%) for each month by which the member's death precedes the member's service retirement date. (D) This subsection (b) does not apply to members in the employ of a political subdivision unless the governing body of the political subdivision authorizes by resolution and accepts the liability therefor. (2) Should the governing body of a political subdivision elect not to accept the liability for its employees to receive a survivor's benefit in accordance with this subsection (b), a survivor's benefit shall be paid in accordance with subsection (a). (c) A member shall be considered to be "in service" under this section, even though the member is no longer participating in this system because of advanced age, so long as the member continues to be employed by the same employer. (d) (1) Upon the death of a member in service who has completed ten (10) years of creditable service, a retirement allowance shall be paid to the member's nominated beneficiary, if any. (2) No benefits shall be payable under this subsection (d) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title. (3) The retirement allowance payable to the beneficiary shall be determined by converting the lump sum benefit payable under § 8-36-107 into a monthly annuity payable over a period not to exceed one hundred twenty (120) months. The present value of the monthly annuity shall be equal to the lump sum benefit payable in accordance with § 8-36-107 . The interest rate used in calculating the present value shall be based on the interest rate payable by annuity companies in the open market on the date the monthly benefit commences. The interest rate shall not be lower than the rate established by the board of trustees under § 8-34-505 . (4) In the event the beneficiary dies before receiving all of the benefits payable under subdivision (d)(3), a lump sum payment equal to the actuarial equivalent of the monthly benefit due over the remaining months in the one-hundred-twenty month period shall be paid to the beneficiary's estate in accordance with § 8-36-120 . Amended by 2019 Tenn. Acts, ch. 399, s 1, eff. 5/10/2019. Amended by 2014 Tenn. Acts, ch. 659, s 22, eff. 4/10/2014. Acts 1972, ch. 814, § 5; T.C.A., § 8-3919; Acts 1980, ch. 654, § 7; 1983, ch. 342, § 5; 1985, ch. 86, § 1; 1985, ch. 407, § 1; 1985, ch. 449, § 18; 1986, ch. 553, §§ 14-16; 1986, ch. 554, § 11; 1991, ch. 378, § 15; 2001, ch. 58, §§ 14 - 16; 2006, ch. 870, § 17.
(a) Upon the death of a member in service who has reached the applicable eligibility requirements for an early or service retirement allowance as set forth in part 2 or 3 of this chapter, a retirement allowance shall be paid to the member's surviving designated beneficiary, if any. (1) No benefits shall be payable under this subsection (a) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title. (2) The retirement allowance payable to the beneficiary shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 1 as provided in part 6 of this chapter with such person nominated as the beneficiary under the option. (3) (A) Notwithstanding any other law to the contrary, if the member's spouse is the designated beneficiary on the date of the member's death, and if that spouse should thereafter die leaving a surviving minor child or children of the member, then the annuity the spouse was receiving under this subsection (a) shall be divided equally among the member's surviving minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children. (B) If the member's spouse is designated as the sole beneficiary on the date of the member's death, and if that spouse predeceased the member or died in a common accident or occurrence with the member, then the member's surviving minor child or children shall be entitled to the same annuity as set forth in subdivision (a)(3)(A).
(1) No benefits shall be payable under this subsection (a) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title.
(2) The retirement allowance payable to the beneficiary shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 1 as provided in part 6 of this chapter with such person nominated as the beneficiary under the option.
(3) (A) Notwithstanding any other law to the contrary, if the member's spouse is the designated beneficiary on the date of the member's death, and if that spouse should thereafter die leaving a surviving minor child or children of the member, then the annuity the spouse was receiving under this subsection (a) shall be divided equally among the member's surviving minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children. (B) If the member's spouse is designated as the sole beneficiary on the date of the member's death, and if that spouse predeceased the member or died in a common accident or occurrence with the member, then the member's surviving minor child or children shall be entitled to the same annuity as set forth in subdivision (a)(3)(A).
(A) Notwithstanding any other law to the contrary, if the member's spouse is the designated beneficiary on the date of the member's death, and if that spouse should thereafter die leaving a surviving minor child or children of the member, then the annuity the spouse was receiving under this subsection (a) shall be divided equally among the member's surviving minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children.
(B) If the member's spouse is designated as the sole beneficiary on the date of the member's death, and if that spouse predeceased the member or died in a common accident or occurrence with the member, then the member's surviving minor child or children shall be entitled to the same annuity as set forth in subdivision (a)(3)(A).
(b) (1) Upon the death of a member in service who is vested, a retirement allowance shall be paid to the member's surviving spouse, if any, if the spouse is designated as beneficiary. (A) No benefits shall be payable under this subsection (b) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title. (B) The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 1 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option. (C) The retirement allowance payable under this subsection (b) shall be reduced by four-tenths of one percent (0.4%) for each month by which the member's death precedes the member's service retirement date. (D) This subsection (b) does not apply to members in the employ of a political subdivision unless the governing body of the political subdivision authorizes by resolution and accepts the liability therefor. (2) Should the governing body of a political subdivision elect not to accept the liability for its employees to receive a survivor's benefit in accordance with this subsection (b), a survivor's benefit shall be paid in accordance with subsection (a).
(1) Upon the death of a member in service who is vested, a retirement allowance shall be paid to the member's surviving spouse, if any, if the spouse is designated as beneficiary. (A) No benefits shall be payable under this subsection (b) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title. (B) The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 1 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option. (C) The retirement allowance payable under this subsection (b) shall be reduced by four-tenths of one percent (0.4%) for each month by which the member's death precedes the member's service retirement date. (D) This subsection (b) does not apply to members in the employ of a political subdivision unless the governing body of the political subdivision authorizes by resolution and accepts the liability therefor.
(A) No benefits shall be payable under this subsection (b) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title.
(B) The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 1 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option.
(C) The retirement allowance payable under this subsection (b) shall be reduced by four-tenths of one percent (0.4%) for each month by which the member's death precedes the member's service retirement date.
(D) This subsection (b) does not apply to members in the employ of a political subdivision unless the governing body of the political subdivision authorizes by resolution and accepts the liability therefor.
(2) Should the governing body of a political subdivision elect not to accept the liability for its employees to receive a survivor's benefit in accordance with this subsection (b), a survivor's benefit shall be paid in accordance with subsection (a).
(c) A member shall be considered to be "in service" under this section, even though the member is no longer participating in this system because of advanced age, so long as the member continues to be employed by the same employer.
(d) (1) Upon the death of a member in service who has completed ten (10) years of creditable service, a retirement allowance shall be paid to the member's nominated beneficiary, if any. (2) No benefits shall be payable under this subsection (d) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title. (3) The retirement allowance payable to the beneficiary shall be determined by converting the lump sum benefit payable under § 8-36-107 into a monthly annuity payable over a period not to exceed one hundred twenty (120) months. The present value of the monthly annuity shall be equal to the lump sum benefit payable in accordance with § 8-36-107 . The interest rate used in calculating the present value shall be based on the interest rate payable by annuity companies in the open market on the date the monthly benefit commences. The interest rate shall not be lower than the rate established by the board of trustees under § 8-34-505 . (4) In the event the beneficiary dies before receiving all of the benefits payable under subdivision (d)(3), a lump sum payment equal to the actuarial equivalent of the monthly benefit due over the remaining months in the one-hundred-twenty month period shall be paid to the beneficiary's estate in accordance with § 8-36-120 .
(1) Upon the death of a member in service who has completed ten (10) years of creditable service, a retirement allowance shall be paid to the member's nominated beneficiary, if any.
(2) No benefits shall be payable under this subsection (d) on account of any member on whose account a benefit is payable under any other provision of chapters 34-37 of this title.
(3) The retirement allowance payable to the beneficiary shall be determined by converting the lump sum benefit payable under § 8-36-107 into a monthly annuity payable over a period not to exceed one hundred twenty (120) months. The present value of the monthly annuity shall be equal to the lump sum benefit payable in accordance with § 8-36-107 . The interest rate used in calculating the present value shall be based on the interest rate payable by annuity companies in the open market on the date the monthly benefit commences. The interest rate shall not be lower than the rate established by the board of trustees under § 8-34-505 .
(4) In the event the beneficiary dies before receiving all of the benefits payable under subdivision (d)(3), a lump sum payment equal to the actuarial equivalent of the monthly benefit due over the remaining months in the one-hundred-twenty month period shall be paid to the beneficiary's estate in accordance with § 8-36-120 .
Amended by 2019 Tenn. Acts, ch. 399, s 1, eff. 5/10/2019.
Amended by 2014 Tenn. Acts, ch. 659, s 22, eff. 4/10/2014.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3919; Acts 1980, ch. 654, § 7; 1983, ch. 342, § 5; 1985, ch. 86, § 1; 1985, ch. 407, § 1; 1985, ch. 449, § 18; 1986, ch. 553, §§ 14-16; 1986, ch. 554, § 11; 1991, ch. 378, § 15; 2001, ch. 58, §§ 14 - 16; 2006, ch. 870, § 17.
Tenn. Code Ann. § 8-19-102 — TN Code / Title 8 / Chapter 19 / Section 8-19-102
Bonding requirements - Copies of bonds as evidence
Status: in_force

(a) (1) A county official who is required by law to give an official bond shall execute such bond when the bond becomes available after election or appointment to office, but not later than thirty (30) days from the beginning of the term of office. The effectiveness of an official bond relates back to the beginning of the term of office so long as it is executed within the time allowed by law. (2) The county legislative body shall appropriate sufficient funds to pay the premiums on the official bonds of county officials and such employees of the county that are required by law to be bonded. Each county shall competitively bid the purchase of official bonds and other surety bonds. Blanket bonds must be used unless such bonds are unavailable or circumstances require the bonding of an individual separately from the blanket bond agreement. A county shall only purchase bonds from a surety company authorized to do business in this state as surety. If no surety company is willing to serve as surety for a particular person who is required to give bond, the county legislative body may by resolution authorize either the use of personal sureties for such person with such personal sureties to be approved by the county mayor, or the use of a cash bond approved by the county mayor with the cash to be deposited with the county trustee. (3) Notwithstanding another law to the contrary, the county legislative body is not required to approve an official bond or surety bond of a county official or employee on or after July 1, 2023. However, this does not remove the authority of the county legislative body to require bond amounts in excess of the statutory minimum as provided by law. (4) The official county bond forms and other bonds required pursuant to this section must be made available for execution at the office of the county clerk. (5) Each county official or employee required to execute an official bond or surety bond, other than bonds required by law to be approved by judges or chancellors, shall submit the bond for approval by the county mayor in accordance with § 8-19-112 , and if sufficient and regular, the county mayor shall approve the bond in accordance with § 8-19-113 . (6) The bond of the county mayor must be approved by the judge of the court of general sessions in the county or the judge of the first division of such court if the county has more than one (1) general sessions court judge. (7) If the bond of a county official or employee is disapproved, the approving authority shall inform the county clerk and the person executing the bond of the insufficiency or irregularity, and a new bond must be executed and submitted to the approving authority for approval. After approval, the approving authority shall transmit the approved bond to the county clerk who shall record the executed and approved official bond of each county official and surety bond of each county employee required to give bond with the county register of deeds, and, after recording, the county clerk shall file these bonds in the office of the county clerk. (8) This part does not apply to notaries public. (9) This part does not apply to a special deputy sheriff bonded pursuant to § 8-8-303 . (b) Where suit is necessary to enforce the obligation of any such bond or undertaking, the county clerk shall make such bond available to the proper authorities. A copy of the official bond duly certified by the county clerk is admissible as evidence in any suit on the bond to prove the execution of the bond and any condition thereof. (c) The official bonds of state officials and state employees shall be lodged for safekeeping at an office designated by the governor. Amended by 2023 Tenn. Acts, ch. 207, s 20, eff. 7/1/2023. Amended by 2013 Tenn. Acts, ch. 315, Secs.s 1, s 2 eff. 4/29/2013. Acts 1957, ch. 289, §§ 2, 3; T.C.A., § 8-1902; Acts 1998, ch. 677, § 1.
(a) (1) A county official who is required by law to give an official bond shall execute such bond when the bond becomes available after election or appointment to office, but not later than thirty (30) days from the beginning of the term of office. The effectiveness of an official bond relates back to the beginning of the term of office so long as it is executed within the time allowed by law. (2) The county legislative body shall appropriate sufficient funds to pay the premiums on the official bonds of county officials and such employees of the county that are required by law to be bonded. Each county shall competitively bid the purchase of official bonds and other surety bonds. Blanket bonds must be used unless such bonds are unavailable or circumstances require the bonding of an individual separately from the blanket bond agreement. A county shall only purchase bonds from a surety company authorized to do business in this state as surety. If no surety company is willing to serve as surety for a particular person who is required to give bond, the county legislative body may by resolution authorize either the use of personal sureties for such person with such personal sureties to be approved by the county mayor, or the use of a cash bond approved by the county mayor with the cash to be deposited with the county trustee. (3) Notwithstanding another law to the contrary, the county legislative body is not required to approve an official bond or surety bond of a county official or employee on or after July 1, 2023. However, this does not remove the authority of the county legislative body to require bond amounts in excess of the statutory minimum as provided by law. (4) The official county bond forms and other bonds required pursuant to this section must be made available for execution at the office of the county clerk. (5) Each county official or employee required to execute an official bond or surety bond, other than bonds required by law to be approved by judges or chancellors, shall submit the bond for approval by the county mayor in accordance with § 8-19-112 , and if sufficient and regular, the county mayor shall approve the bond in accordance with § 8-19-113 . (6) The bond of the county mayor must be approved by the judge of the court of general sessions in the county or the judge of the first division of such court if the county has more than one (1) general sessions court judge. (7) If the bond of a county official or employee is disapproved, the approving authority shall inform the county clerk and the person executing the bond of the insufficiency or irregularity, and a new bond must be executed and submitted to the approving authority for approval. After approval, the approving authority shall transmit the approved bond to the county clerk who shall record the executed and approved official bond of each county official and surety bond of each county employee required to give bond with the county register of deeds, and, after recording, the county clerk shall file these bonds in the office of the county clerk. (8) This part does not apply to notaries public. (9) This part does not apply to a special deputy sheriff bonded pursuant to § 8-8-303 .
(1) A county official who is required by law to give an official bond shall execute such bond when the bond becomes available after election or appointment to office, but not later than thirty (30) days from the beginning of the term of office. The effectiveness of an official bond relates back to the beginning of the term of office so long as it is executed within the time allowed by law.
(2) The county legislative body shall appropriate sufficient funds to pay the premiums on the official bonds of county officials and such employees of the county that are required by law to be bonded. Each county shall competitively bid the purchase of official bonds and other surety bonds. Blanket bonds must be used unless such bonds are unavailable or circumstances require the bonding of an individual separately from the blanket bond agreement. A county shall only purchase bonds from a surety company authorized to do business in this state as surety. If no surety company is willing to serve as surety for a particular person who is required to give bond, the county legislative body may by resolution authorize either the use of personal sureties for such person with such personal sureties to be approved by the county mayor, or the use of a cash bond approved by the county mayor with the cash to be deposited with the county trustee.
(3) Notwithstanding another law to the contrary, the county legislative body is not required to approve an official bond or surety bond of a county official or employee on or after July 1, 2023. However, this does not remove the authority of the county legislative body to require bond amounts in excess of the statutory minimum as provided by law.
(4) The official county bond forms and other bonds required pursuant to this section must be made available for execution at the office of the county clerk.
(5) Each county official or employee required to execute an official bond or surety bond, other than bonds required by law to be approved by judges or chancellors, shall submit the bond for approval by the county mayor in accordance with § 8-19-112 , and if sufficient and regular, the county mayor shall approve the bond in accordance with § 8-19-113 .
(6) The bond of the county mayor must be approved by the judge of the court of general sessions in the county or the judge of the first division of such court if the county has more than one (1) general sessions court judge.
(7) If the bond of a county official or employee is disapproved, the approving authority shall inform the county clerk and the person executing the bond of the insufficiency or irregularity, and a new bond must be executed and submitted to the approving authority for approval. After approval, the approving authority shall transmit the approved bond to the county clerk who shall record the executed and approved official bond of each county official and surety bond of each county employee required to give bond with the county register of deeds, and, after recording, the county clerk shall file these bonds in the office of the county clerk.
(8) This part does not apply to notaries public.
(9) This part does not apply to a special deputy sheriff bonded pursuant to § 8-8-303 .
(b) Where suit is necessary to enforce the obligation of any such bond or undertaking, the county clerk shall make such bond available to the proper authorities. A copy of the official bond duly certified by the county clerk is admissible as evidence in any suit on the bond to prove the execution of the bond and any condition thereof.
(c) The official bonds of state officials and state employees shall be lodged for safekeeping at an office designated by the governor.
Amended by 2023 Tenn. Acts, ch. 207, s 20, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, Secs.s 1, s 2 eff. 4/29/2013.
Acts 1957, ch. 289, §§ 2, 3; T.C.A., § 8-1902; Acts 1998, ch. 677, § 1.
Tenn. Code Ann. § 8-13-113 — TN Code / Title 8 / Chapter 13 / Section 8-13-113
Effect of certification under seal
Status: in_force

All instruments certified by the county register under seal shall have the same force and effect as certified instruments under seal from courts of record; provided, that instruments certified without the seal shall have the same effect that they would have had before the passage of this section and § 8-13-112 . Acts 1949, ch. 51, § 3; C. Supp. 1950, § 812.2 (Williams, §815.1); T.C.A. (orig. ed.), § 8-1313.
All instruments certified by the county register under seal shall have the same force and effect as certified instruments under seal from courts of record; provided, that instruments certified without the seal shall have the same effect that they would have had before the passage of this section and § 8-13-112 .
Acts 1949, ch. 51, § 3; C. Supp. 1950, § 812.2 (Williams, §815.1); T.C.A. (orig. ed.), § 8-1313.