Tenn. Code Ann. § 8-34-206 — TN Code / Title 8 / Chapter 34 / Section 8-34-206
State assumption of employee contributions
Status: in_force

(a) (1) For service rendered from and after July 1, 1981, the state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation on behalf of: (A) State employees, except those specified in subsection (b); (B) Teachers employed by the state department of education; (C) Teachers employed in state-supported institutions of higher education; and (D) Teachers employed in state-supported institutions of higher education who are members of an optional retirement program established pursuant to chapter 25 of this title. (2) Notwithstanding any other law to the contrary, the state shall also assume employee contributions of up to five percent (5%) of the employee's earnable compensation for those prior class members of the attorneys general retirement system who are presently employed in the executive branch of the state and who are compensated under the compensation plan administered by the department of human resources. (3) Beginning on January 1, 1982, the state shall also assume employee contributions of up to five percent (5%) of the employees' earnable compensation of those employees of the general assembly who are classified under § 8-34-101 . The increase in employer cost shall be provided from the appropriation for the office of legal services for the general assembly. (4) Beginning on July 1, 1986, the state shall also assume employee contributions of up to five percent (5%) of the employees' earnable compensation of district attorneys general, the executive director of the district attorneys general conference and those full-time assistant district attorneys general who, on or before July 1, 1985, reached the maximum salary for assistant district attorneys general authorized by chapter 7 of this title. (5) On July 1, 1987, and on each succeeding July 1, the state shall assume employee contributions of up to five percent (5%) of the employees' earnable compensation of those full-time assistant district attorneys general who in the preceding fiscal year reached the maximum salary for assistant district attorneys general authorized by chapter 7 of this title. (6) Beginning on the first day on which the salary levels for general state employees are increased, the state shall assume employee contributions of up to five percent (5%) of the employees' earnable compensation of attorneys general employed in the office of the attorney general and reporter. The contribution assumption provided in this subdivision (a)(6) shall be in lieu of the salary increase to which such attorneys general would have otherwise been entitled. (7) Beginning July 1, 1994, the state shall assume employee contributions up to five percent (5%) of the employees' earnable compensation of criminal investigators for the district attorneys general. (8) Beginning on September 1, 1990, but not before, the state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation for all state judges who are members of the Tennessee consolidated retirement system. (9) The state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation for any person entering the service of a district attorney general on or after July 1, 1994, as an assistant district attorney general. (b) (1) The state shall not assume any employee contributions for: (A) Judges, except as provided in subsection (a); (B) Attorneys general, except as provided in subsection (a); (C) Members who chose to limit their retirement deductions to the first four thousand two hundred dollars ($4,200) of annual salaries as of June 30, 1981; (D) Kindergarten through twelfth (K-12) grade teachers whose salaries are provided in whole or in part by the Tennessee investment in student achievement formula (TISA) and/or by local boards of education; (E) Employees of employers participating pursuant to chapter 35, part 2 of this title; (F) Teachers participating in local retirement funds pursuant to chapter 35 of this title; and (G) County judges and county officials. (2) All employees who are excluded from the noncontributory provisions of the system by this section shall be required to continue making the appropriate employee contributions to the retirement system. (c) (1) For the purposes of this section, "noncontributory member" means any person who is or becomes a member of the retirement system on or after July 1, 1981, and on whose behalf the employee contributions to the retirement system up to five percent (5%) of earnable compensation are assumed by the employer in accordance with this section. It is further provided that any member covered by the noncontributory provisions of the system who continues the member's employment from and after July 1, 1981, shall not be entitled to a refund of the member's contributions or those made in the member's behalf by the member's employer until the member meets the conditions of § 8-37-210 . (2) The full amount of the required employee contributions up to five percent (5%) of earnable compensation assumed or paid by the employer on behalf of its employees shall be credited to the individual account balances of the employees for their employee annuities and shall be considered employee contributions for all other purposes pursuant to chapters 34-37 of this title, including the lump sum death benefit as provided for in § 8-36-107 , for: (A) Members of the retirement system who are covered by the noncontributory retirement provisions on July 1, 1981, and whose membership date is prior to July 1, 1981; (B) Those employees of the general assembly who are classified under § 8-34-101 , who were employed on or before January 1, 1982; (C) District attorneys general, the executive director of the district attorneys general conference and those assistant district attorneys general specified in subsection (a) who were employed and were members of the retirement system on or before June 1, 1986; (D) Attorneys general who were employed in the office of the attorney general and reporter and who were members of the retirement system on or before the date the state assumed employee contributions on behalf of attorneys general employed in the office of the attorney general and reporter; and (E) Criminal investigators who were employed in the office of a district attorney general and who were members of the retirement system on or before June 1, 1993. (d) Notwithstanding any other law to the contrary, any employer participating in the retirement system pursuant to chapter 35, part 2 of this title may assume employee contributions to the retirement system of up to five percent (5%) of the employee's earnable compensation on behalf of all its employees upon the adoption of a resolution by the chief governing body authorizing and accepting the liability for the contributions. The employee's contributions so assumed or paid by the employer on behalf of its employee shall be credited to the individual account balances of the employee for the employee's annuities; provided, that the employee was employed on the date of the employer's election to assume employee contributions to the retirement system and shall be considered employee contributions in accordance with subdivision (c)(2). Any local employer who elects to assume the employee contributions to the retirement system, effective July 1, 1981, must notify the retirement system on or prior to that date. A local employer electing to assume contributions to the retirement system in any subsequent year shall set the effective date of its election on the first day of any quarter following a minimum of three (3) months' notice to the retirement system; provided, that the director of retirement may waive the three-month notice requirement. The board of trustees, however, may by rule adopt reasonable standards or restrictions to guide the director in making a decision on whether to waive the deadline. Any employer that adopts the noncontributory provisions of this section on or after July 1, 2010, may reserve the right within its adopting resolution to thereafter discontinue the noncontributory provisions for all its current and future employees. To thereafter discontinue the noncontributory provisions, the chief governing body of that employer must pass a resolution, legally adopted and approved by a two-thirds (2/3) majority of that body, to discontinue the noncontributory provisions for all its current and future employees and to have the contributions made by the employees treated as employer contributions pursuant to § 8-37-216 . Any such resolution shall set forth the effective date of the discontinuance; provided, that the date shall be on the first day of any quarter following a minimum of three (3) months' notice to the retirement system. Any resolution to discontinue the noncontributory provisions that is adopted pursuant to this subsection (d) shall be irrevocable and the employer shall not be permitted to elect at a later date to provide the noncontributory provisions of this section. (e) It is the intent of this section that the laws governing the retirement system in effect on June 30, 1981, shall be fully operative and remain in full force and effect for all members of the retirement system, whether contributing or noncontributing, except as otherwise provided by the provisions of chapters 34-37 of this title applicable only to noncontributory membership. (f) Notwithstanding § 8-35-109 or any other law to the contrary, membership in the retirement system shall be mandatory for any person employed on or after July 1, 1994, as a criminal investigator in the office of a district attorney general. Amended by 2022 Tenn. Acts, ch. 966, s 92, eff. 7/1/2023. Amended by 2015 Tenn. Acts, ch. 118, s 4, eff. 4/10/2015. Acts 1981, ch. 508, § 1; 1982, ch. 571, §§ 1-3; 1986, ch. 665, §§ 1, 2; 1986, ch. 810, § 1; 1986, ch. 920, § 2; 1987, ch. 252, §§ 2, 3; 1992, ch. 843, § 2; 1993, ch. 67, §§ 15, 16; 1993, ch. 499, §§ 3, 4; 1994, ch. 936, §§ 1, 2, 3; 1994, ch. 1007, § 5; 1996, ch. 996, § 2; 1999, ch. 205, § 15; 2001, ch. 58, § 4; 2008 , ch. 674, §§ 19, 20; 2010 , ch. 777, § 2.
(a) (1) For service rendered from and after July 1, 1981, the state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation on behalf of: (A) State employees, except those specified in subsection (b); (B) Teachers employed by the state department of education; (C) Teachers employed in state-supported institutions of higher education; and (D) Teachers employed in state-supported institutions of higher education who are members of an optional retirement program established pursuant to chapter 25 of this title. (2) Notwithstanding any other law to the contrary, the state shall also assume employee contributions of up to five percent (5%) of the employee's earnable compensation for those prior class members of the attorneys general retirement system who are presently employed in the executive branch of the state and who are compensated under the compensation plan administered by the department of human resources. (3) Beginning on January 1, 1982, the state shall also assume employee contributions of up to five percent (5%) of the employees' earnable compensation of those employees of the general assembly who are classified under § 8-34-101 . The increase in employer cost shall be provided from the appropriation for the office of legal services for the general assembly. (4) Beginning on July 1, 1986, the state shall also assume employee contributions of up to five percent (5%) of the employees' earnable compensation of district attorneys general, the executive director of the district attorneys general conference and those full-time assistant district attorneys general who, on or before July 1, 1985, reached the maximum salary for assistant district attorneys general authorized by chapter 7 of this title. (5) On July 1, 1987, and on each succeeding July 1, the state shall assume employee contributions of up to five percent (5%) of the employees' earnable compensation of those full-time assistant district attorneys general who in the preceding fiscal year reached the maximum salary for assistant district attorneys general authorized by chapter 7 of this title. (6) Beginning on the first day on which the salary levels for general state employees are increased, the state shall assume employee contributions of up to five percent (5%) of the employees' earnable compensation of attorneys general employed in the office of the attorney general and reporter. The contribution assumption provided in this subdivision (a)(6) shall be in lieu of the salary increase to which such attorneys general would have otherwise been entitled. (7) Beginning July 1, 1994, the state shall assume employee contributions up to five percent (5%) of the employees' earnable compensation of criminal investigators for the district attorneys general. (8) Beginning on September 1, 1990, but not before, the state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation for all state judges who are members of the Tennessee consolidated retirement system. (9) The state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation for any person entering the service of a district attorney general on or after July 1, 1994, as an assistant district attorney general.
(1) For service rendered from and after July 1, 1981, the state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation on behalf of: (A) State employees, except those specified in subsection (b); (B) Teachers employed by the state department of education; (C) Teachers employed in state-supported institutions of higher education; and (D) Teachers employed in state-supported institutions of higher education who are members of an optional retirement program established pursuant to chapter 25 of this title.
(A) State employees, except those specified in subsection (b);
(B) Teachers employed by the state department of education;
(C) Teachers employed in state-supported institutions of higher education; and
(D) Teachers employed in state-supported institutions of higher education who are members of an optional retirement program established pursuant to chapter 25 of this title.
(2) Notwithstanding any other law to the contrary, the state shall also assume employee contributions of up to five percent (5%) of the employee's earnable compensation for those prior class members of the attorneys general retirement system who are presently employed in the executive branch of the state and who are compensated under the compensation plan administered by the department of human resources.
(3) Beginning on January 1, 1982, the state shall also assume employee contributions of up to five percent (5%) of the employees' earnable compensation of those employees of the general assembly who are classified under § 8-34-101 . The increase in employer cost shall be provided from the appropriation for the office of legal services for the general assembly.
(4) Beginning on July 1, 1986, the state shall also assume employee contributions of up to five percent (5%) of the employees' earnable compensation of district attorneys general, the executive director of the district attorneys general conference and those full-time assistant district attorneys general who, on or before July 1, 1985, reached the maximum salary for assistant district attorneys general authorized by chapter 7 of this title.
(5) On July 1, 1987, and on each succeeding July 1, the state shall assume employee contributions of up to five percent (5%) of the employees' earnable compensation of those full-time assistant district attorneys general who in the preceding fiscal year reached the maximum salary for assistant district attorneys general authorized by chapter 7 of this title.
(6) Beginning on the first day on which the salary levels for general state employees are increased, the state shall assume employee contributions of up to five percent (5%) of the employees' earnable compensation of attorneys general employed in the office of the attorney general and reporter. The contribution assumption provided in this subdivision (a)(6) shall be in lieu of the salary increase to which such attorneys general would have otherwise been entitled.
(7) Beginning July 1, 1994, the state shall assume employee contributions up to five percent (5%) of the employees' earnable compensation of criminal investigators for the district attorneys general.
(8) Beginning on September 1, 1990, but not before, the state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation for all state judges who are members of the Tennessee consolidated retirement system.
(9) The state shall assume employee contributions of up to five percent (5%) of the employee's earnable compensation for any person entering the service of a district attorney general on or after July 1, 1994, as an assistant district attorney general.
(b) (1) The state shall not assume any employee contributions for: (A) Judges, except as provided in subsection (a); (B) Attorneys general, except as provided in subsection (a); (C) Members who chose to limit their retirement deductions to the first four thousand two hundred dollars ($4,200) of annual salaries as of June 30, 1981; (D) Kindergarten through twelfth (K-12) grade teachers whose salaries are provided in whole or in part by the Tennessee investment in student achievement formula (TISA) and/or by local boards of education; (E) Employees of employers participating pursuant to chapter 35, part 2 of this title; (F) Teachers participating in local retirement funds pursuant to chapter 35 of this title; and (G) County judges and county officials. (2) All employees who are excluded from the noncontributory provisions of the system by this section shall be required to continue making the appropriate employee contributions to the retirement system.
(1) The state shall not assume any employee contributions for: (A) Judges, except as provided in subsection (a); (B) Attorneys general, except as provided in subsection (a); (C) Members who chose to limit their retirement deductions to the first four thousand two hundred dollars ($4,200) of annual salaries as of June 30, 1981; (D) Kindergarten through twelfth (K-12) grade teachers whose salaries are provided in whole or in part by the Tennessee investment in student achievement formula (TISA) and/or by local boards of education; (E) Employees of employers participating pursuant to chapter 35, part 2 of this title; (F) Teachers participating in local retirement funds pursuant to chapter 35 of this title; and (G) County judges and county officials.
(A) Judges, except as provided in subsection (a);
(B) Attorneys general, except as provided in subsection (a);
(C) Members who chose to limit their retirement deductions to the first four thousand two hundred dollars ($4,200) of annual salaries as of June 30, 1981;
(D) Kindergarten through twelfth (K-12) grade teachers whose salaries are provided in whole or in part by the Tennessee investment in student achievement formula (TISA) and/or by local boards of education;
(E) Employees of employers participating pursuant to chapter 35, part 2 of this title;
(F) Teachers participating in local retirement funds pursuant to chapter 35 of this title; and
(G) County judges and county officials.
(2) All employees who are excluded from the noncontributory provisions of the system by this section shall be required to continue making the appropriate employee contributions to the retirement system.
(c) (1) For the purposes of this section, "noncontributory member" means any person who is or becomes a member of the retirement system on or after July 1, 1981, and on whose behalf the employee contributions to the retirement system up to five percent (5%) of earnable compensation are assumed by the employer in accordance with this section. It is further provided that any member covered by the noncontributory provisions of the system who continues the member's employment from and after July 1, 1981, shall not be entitled to a refund of the member's contributions or those made in the member's behalf by the member's employer until the member meets the conditions of § 8-37-210 . (2) The full amount of the required employee contributions up to five percent (5%) of earnable compensation assumed or paid by the employer on behalf of its employees shall be credited to the individual account balances of the employees for their employee annuities and shall be considered employee contributions for all other purposes pursuant to chapters 34-37 of this title, including the lump sum death benefit as provided for in § 8-36-107 , for: (A) Members of the retirement system who are covered by the noncontributory retirement provisions on July 1, 1981, and whose membership date is prior to July 1, 1981; (B) Those employees of the general assembly who are classified under § 8-34-101 , who were employed on or before January 1, 1982; (C) District attorneys general, the executive director of the district attorneys general conference and those assistant district attorneys general specified in subsection (a) who were employed and were members of the retirement system on or before June 1, 1986; (D) Attorneys general who were employed in the office of the attorney general and reporter and who were members of the retirement system on or before the date the state assumed employee contributions on behalf of attorneys general employed in the office of the attorney general and reporter; and (E) Criminal investigators who were employed in the office of a district attorney general and who were members of the retirement system on or before June 1, 1993.
(1) For the purposes of this section, "noncontributory member" means any person who is or becomes a member of the retirement system on or after July 1, 1981, and on whose behalf the employee contributions to the retirement system up to five percent (5%) of earnable compensation are assumed by the employer in accordance with this section. It is further provided that any member covered by the noncontributory provisions of the system who continues the member's employment from and after July 1, 1981, shall not be entitled to a refund of the member's contributions or those made in the member's behalf by the member's employer until the member meets the conditions of § 8-37-210 .
(2) The full amount of the required employee contributions up to five percent (5%) of earnable compensation assumed or paid by the employer on behalf of its employees shall be credited to the individual account balances of the employees for their employee annuities and shall be considered employee contributions for all other purposes pursuant to chapters 34-37 of this title, including the lump sum death benefit as provided for in § 8-36-107 , for: (A) Members of the retirement system who are covered by the noncontributory retirement provisions on July 1, 1981, and whose membership date is prior to July 1, 1981; (B) Those employees of the general assembly who are classified under § 8-34-101 , who were employed on or before January 1, 1982; (C) District attorneys general, the executive director of the district attorneys general conference and those assistant district attorneys general specified in subsection (a) who were employed and were members of the retirement system on or before June 1, 1986; (D) Attorneys general who were employed in the office of the attorney general and reporter and who were members of the retirement system on or before the date the state assumed employee contributions on behalf of attorneys general employed in the office of the attorney general and reporter; and (E) Criminal investigators who were employed in the office of a district attorney general and who were members of the retirement system on or before June 1, 1993.
(A) Members of the retirement system who are covered by the noncontributory retirement provisions on July 1, 1981, and whose membership date is prior to July 1, 1981;
(B) Those employees of the general assembly who are classified under § 8-34-101 , who were employed on or before January 1, 1982;
(C) District attorneys general, the executive director of the district attorneys general conference and those assistant district attorneys general specified in subsection (a) who were employed and were members of the retirement system on or before June 1, 1986;
(D) Attorneys general who were employed in the office of the attorney general and reporter and who were members of the retirement system on or before the date the state assumed employee contributions on behalf of attorneys general employed in the office of the attorney general and reporter; and
(E) Criminal investigators who were employed in the office of a district attorney general and who were members of the retirement system on or before June 1, 1993.
(d) Notwithstanding any other law to the contrary, any employer participating in the retirement system pursuant to chapter 35, part 2 of this title may assume employee contributions to the retirement system of up to five percent (5%) of the employee's earnable compensation on behalf of all its employees upon the adoption of a resolution by the chief governing body authorizing and accepting the liability for the contributions. The employee's contributions so assumed or paid by the employer on behalf of its employee shall be credited to the individual account balances of the employee for the employee's annuities; provided, that the employee was employed on the date of the employer's election to assume employee contributions to the retirement system and shall be considered employee contributions in accordance with subdivision (c)(2). Any local employer who elects to assume the employee contributions to the retirement system, effective July 1, 1981, must notify the retirement system on or prior to that date. A local employer electing to assume contributions to the retirement system in any subsequent year shall set the effective date of its election on the first day of any quarter following a minimum of three (3) months' notice to the retirement system; provided, that the director of retirement may waive the three-month notice requirement. The board of trustees, however, may by rule adopt reasonable standards or restrictions to guide the director in making a decision on whether to waive the deadline. Any employer that adopts the noncontributory provisions of this section on or after July 1, 2010, may reserve the right within its adopting resolution to thereafter discontinue the noncontributory provisions for all its current and future employees. To thereafter discontinue the noncontributory provisions, the chief governing body of that employer must pass a resolution, legally adopted and approved by a two-thirds (2/3) majority of that body, to discontinue the noncontributory provisions for all its current and future employees and to have the contributions made by the employees treated as employer contributions pursuant to § 8-37-216 . Any such resolution shall set forth the effective date of the discontinuance; provided, that the date shall be on the first day of any quarter following a minimum of three (3) months' notice to the retirement system. Any resolution to discontinue the noncontributory provisions that is adopted pursuant to this subsection (d) shall be irrevocable and the employer shall not be permitted to elect at a later date to provide the noncontributory provisions of this section.
(e) It is the intent of this section that the laws governing the retirement system in effect on June 30, 1981, shall be fully operative and remain in full force and effect for all members of the retirement system, whether contributing or noncontributing, except as otherwise provided by the provisions of chapters 34-37 of this title applicable only to noncontributory membership.
(f) Notwithstanding § 8-35-109 or any other law to the contrary, membership in the retirement system shall be mandatory for any person employed on or after July 1, 1994, as a criminal investigator in the office of a district attorney general.
Amended by 2022 Tenn. Acts, ch. 966, s 92, eff. 7/1/2023.
Amended by 2015 Tenn. Acts, ch. 118, s 4, eff. 4/10/2015.
Acts 1981, ch. 508, § 1; 1982, ch. 571, §§ 1-3; 1986, ch. 665, §§ 1, 2; 1986, ch. 810, § 1; 1986, ch. 920, § 2; 1987, ch. 252, §§ 2, 3; 1992, ch. 843, § 2; 1993, ch. 67, §§ 15, 16; 1993, ch. 499, §§ 3, 4; 1994, ch. 936, §§ 1, 2, 3; 1994, ch. 1007, § 5; 1996, ch. 996, § 2; 1999, ch. 205, § 15; 2001, ch. 58, § 4; 2008 , ch. 674, §§ 19, 20; 2010 , ch. 777, § 2.
Tenn. Code Ann. § 8-34-712 — TN Code / Title 8 / Chapter 34 / Section 8-34-712
Transfer of certain county officials from superseded system
Status: in_force

(a) Anything to the contrary notwithstanding, any county official and any county commissioner elected by popular vote, serving in a county having a county commission form of government, taking office on or before July 1, 1974, shall become a member and have the privilege of claiming any prior service such member was entitled to claim under the applicable provision of the superseded Tennessee county officials' retirement system, by completing a form prescribed by the board of trustees, and paying a lump sum in an amount equal to the amount the official would have paid had such official been a member of the Tennessee county officials' retirement system, plus interest at the rate designated in § 8-37-214 . (b) Any county official, as defined in § 8-34-101 , may transfer that part of the official's membership so defined and contributions from the Tennessee consolidated retirement system, by completing the necessary forms as prescribed by the board of trustees, and paying in a lump sum the difference between what the official would have contributed had the official been a member of the Tennessee county officials' retirement system and the amount so transferred. (c) (1) Any member so transferring shall be eligible to use the aggregate number of years of credit in both systems to qualify for the condition of retirement. (2) Such member's benefits for creditable service years in this system shall be computed under this system and added to the amount of benefits payable under the superseded Tennessee county officials' retirement system. Acts 1973, ch. 347, § 26; 1974, ch. 786, § 2; 1979, ch. 320, § 10; T.C.A., § 8-3935(4)(c).
(a) Anything to the contrary notwithstanding, any county official and any county commissioner elected by popular vote, serving in a county having a county commission form of government, taking office on or before July 1, 1974, shall become a member and have the privilege of claiming any prior service such member was entitled to claim under the applicable provision of the superseded Tennessee county officials' retirement system, by completing a form prescribed by the board of trustees, and paying a lump sum in an amount equal to the amount the official would have paid had such official been a member of the Tennessee county officials' retirement system, plus interest at the rate designated in § 8-37-214 .
(b) Any county official, as defined in § 8-34-101 , may transfer that part of the official's membership so defined and contributions from the Tennessee consolidated retirement system, by completing the necessary forms as prescribed by the board of trustees, and paying in a lump sum the difference between what the official would have contributed had the official been a member of the Tennessee county officials' retirement system and the amount so transferred.
(c) (1) Any member so transferring shall be eligible to use the aggregate number of years of credit in both systems to qualify for the condition of retirement. (2) Such member's benefits for creditable service years in this system shall be computed under this system and added to the amount of benefits payable under the superseded Tennessee county officials' retirement system.
(1) Any member so transferring shall be eligible to use the aggregate number of years of credit in both systems to qualify for the condition of retirement.
(2) Such member's benefits for creditable service years in this system shall be computed under this system and added to the amount of benefits payable under the superseded Tennessee county officials' retirement system.
Acts 1973, ch. 347, § 26; 1974, ch. 786, § 2; 1979, ch. 320, § 10; T.C.A., § 8-3935(4)(c).
Tenn. Code Ann. § 8-35-304 — TN Code / Title 8 / Chapter 35 / Section 8-35-304
Teachers becoming members after July 1, 1972
Status: in_force

Any teacher who becomes a member after July 1, 1972, shall be retired as if such teacher were a member of Group 1 of the Tennessee consolidated retirement system. Acts 1973, ch. 347, § 25; T.C.A., § 8-3933(1).
Any teacher who becomes a member after July 1, 1972, shall be retired as if such teacher were a member of Group 1 of the Tennessee consolidated retirement system.
Acts 1973, ch. 347, § 25; T.C.A., § 8-3933(1).
Tenn. Code Ann. § 8-3-104 — TN Code / Title 8 / Chapter 3 / Section 8-3-104
Duties
Status: in_force

It is the duty of the secretary of state to: (1) Keep the secretary of state's office at the seat of government; (2) Keep a fair register of all the official acts and proceedings of the government; (3) Lay the same, when required, and all papers, minutes, and vouchers relating thereto, before the general assembly at each session; (4) Cause the original acts and resolutions of the general assembly, that are enrolled and filed in the secretary of state's office, to be bound together, and preserved in that form in such office; (5) Make out and deliver to the printer, for publication, attested copies thereof as soon after receiving them as conveniently may be, and collate the printed copies with the originals; provided, that resolutions of the general assembly shall be published in accordance with title 12, chapters 5 and 6; (6) Receive and safely keep all official bonds directed by law to be lodged in the secretary of state's office, record the same in books for that purpose, give attested copies thereof agreeably to law, and lay such bonds and such record before the general assembly when required; (7) Issue a summons, under the secretary of state's hand and the seal of the state, to each public officer who is required by law to enter into bond payable to the state of Tennessee for the performance of official duty, and who has failed and neglected to forward the same, as required by law, commanding such officer to deposit such bond in the office of the secretary of state; (8) Make out all commissions to be issued by the governor and, when signed by the governor but not before, affix to them the seal of the state; (9) Affix the seal of the state to any other instrument or act when authorized by the governor, but not otherwise; (10) Give to any person requiring the same, and paying lawful fees, an attested copy of any act, record, or paper in the secretary of state's office, except papers relating immediately to the executive department, and, in the governor's judgment, requiring secrecy; (11) Examine and adjust any account presented against the secretary of state's office for freight, storage, and other necessary charges on books and documents transmitted from other states of the union for the use of this state, and certify the same to be just and true, as adjusted; (12) Record in the secretary of state's office titles to the state; (13) Preserve carefully in the secretary of state's office all copies of the records of the boundaries of civil districts forwarded to the secretary of state by the county clerks; (14) Furnish the commissioner of revenue on the first day of each month a list of all new corporations that have been licensed or authorized to operate in this state during the preceding month; and (15) Furnish the commissioner of revenue on the first day of each month a list of all corporations that have surrendered their charters or have ceased to do business in this state during the preceding month. Code 1858, § 197 (deriv. Acts 1796 (Mar.), ch. 3, §§ 1-4, 6, 11; 1823, ch. 18, § 1; 1835-1836, ch. 1, § 6; 1841-1842, ch. 123, § 1; 1843-1844, ch. 135, § 1); Shan., § 245; Acts 1923, ch. 72, §§ 2, 3; Code 1932, § 191; Acts 1947, ch. 106, § 3; mod. C. Supp. 1950, § 191; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-304; Acts 1981, ch. 109, § 1.
It is the duty of the secretary of state to:
(1) Keep the secretary of state's office at the seat of government;
(2) Keep a fair register of all the official acts and proceedings of the government;
(3) Lay the same, when required, and all papers, minutes, and vouchers relating thereto, before the general assembly at each session;
(4) Cause the original acts and resolutions of the general assembly, that are enrolled and filed in the secretary of state's office, to be bound together, and preserved in that form in such office;
(5) Make out and deliver to the printer, for publication, attested copies thereof as soon after receiving them as conveniently may be, and collate the printed copies with the originals; provided, that resolutions of the general assembly shall be published in accordance with title 12, chapters 5 and 6;
(6) Receive and safely keep all official bonds directed by law to be lodged in the secretary of state's office, record the same in books for that purpose, give attested copies thereof agreeably to law, and lay such bonds and such record before the general assembly when required;
(7) Issue a summons, under the secretary of state's hand and the seal of the state, to each public officer who is required by law to enter into bond payable to the state of Tennessee for the performance of official duty, and who has failed and neglected to forward the same, as required by law, commanding such officer to deposit such bond in the office of the secretary of state;
(8) Make out all commissions to be issued by the governor and, when signed by the governor but not before, affix to them the seal of the state;
(9) Affix the seal of the state to any other instrument or act when authorized by the governor, but not otherwise;
(10) Give to any person requiring the same, and paying lawful fees, an attested copy of any act, record, or paper in the secretary of state's office, except papers relating immediately to the executive department, and, in the governor's judgment, requiring secrecy;
(11) Examine and adjust any account presented against the secretary of state's office for freight, storage, and other necessary charges on books and documents transmitted from other states of the union for the use of this state, and certify the same to be just and true, as adjusted;
(12) Record in the secretary of state's office titles to the state;
(13) Preserve carefully in the secretary of state's office all copies of the records of the boundaries of civil districts forwarded to the secretary of state by the county clerks;
(14) Furnish the commissioner of revenue on the first day of each month a list of all new corporations that have been licensed or authorized to operate in this state during the preceding month; and
(15) Furnish the commissioner of revenue on the first day of each month a list of all corporations that have surrendered their charters or have ceased to do business in this state during the preceding month.
Code 1858, § 197 (deriv. Acts 1796 (Mar.), ch. 3, §§ 1-4, 6, 11; 1823, ch. 18, § 1; 1835-1836, ch. 1, § 6; 1841-1842, ch. 123, § 1; 1843-1844, ch. 135, § 1); Shan., § 245; Acts 1923, ch. 72, §§ 2, 3; Code 1932, § 191; Acts 1947, ch. 106, § 3; mod. C. Supp. 1950, § 191; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-304; Acts 1981, ch. 109, § 1.
Tenn. Code Ann. § 8-7-306 — TN Code / Title 8 / Chapter 7 / Section 8-7-306
Reimbursement for expenses
Status: in_force

Every member whose salary is paid in whole or in part by the state shall be entitled to have expenses paid for such attendance. Such expenses shall be paid upon the verified statement of such expenses by the district attorney general incurring the same and shall be paid from the general fund. Acts 1961, ch. 301, § 6; T.C.A., § 8-718.
Every member whose salary is paid in whole or in part by the state shall be entitled to have expenses paid for such attendance. Such expenses shall be paid upon the verified statement of such expenses by the district attorney general incurring the same and shall be paid from the general fund.
Acts 1961, ch. 301, § 6; T.C.A., § 8-718.
Tenn. Code Ann. § 8-22-108 — TN Code / Title 8 / Chapter 22 / Section 8-22-108
Payment of expenses out of fees - Exceptions - Settlement
Status: in_force

(a) (1) (A) At the end of each month, each officer enumerated in § 8-22-101 shall pay, out of the fees, commissions, or emoluments collected by the officer by virtue of the office, all the expenses of the office in the manner provided. The officer shall also pay the salaries of the deputies and assistants who may be provided for the office for each month, and may pay to the officer the proportionate part of the officer's annual salary; but the excess of such fees, commissions, emoluments, etc., the officer shall retain to be accounted for to the county as directed. (B) However, if in any month the total amount of fees, commissions, emoluments, etc., collected by any such officer does not equal the total amount of such officer's salary, the salaries of the deputies and assistants allowed the officer, plus the other expenses of the office as provided, for the month, then the amount of such deficiency shall be allowed the officer out of any excess fees, etc., received or collected by the officer during any preceding or succeeding month or months of the terms for which the officer is elected or appointed. (2) However, upon beginning a new term of office, the county trustee, when funds are available, and upon approval and direction of the governing body of each county, shall advance monthly to such officers the necessary funds with which to begin a new term of office until excess fees collected are sufficient to repay to the county trustee any and all of the sums so advanced. (3) The excess fees, commissions, etc., paid over to the county trustee under §§ 8-22-101 - 8-22-113, [former] 8-22-114 [repealed], 8-22-115, [former] 8-22-116 [repealed], 8-22-117 shall be subject to the same law as applies to unclaimed funds paid into the county treasury under § 5-8-401 . (4) When the several terms of office of the officers are ended, a final settlement will be had between the county and the officers, and any deficiency in the salaries of such officers for any year during their tenure will be paid to them out of such funds arising from the funds paid in by those officials. (b) Notwithstanding subsection (a), in counties with a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent census, all purchases enumerated in § 8-22-107 shall be made in accordance with § 8-22-107(b) . Acts 1921, ch. 101, § 16; Shan. Supp., § 6428a53; Code 1932, § 10742; Acts 1969, ch. 259, § 1; T.C.A. (orig. ed.), § 8-2208; Acts 1981, ch. 177, § 2.
(a) (1) (A) At the end of each month, each officer enumerated in § 8-22-101 shall pay, out of the fees, commissions, or emoluments collected by the officer by virtue of the office, all the expenses of the office in the manner provided. The officer shall also pay the salaries of the deputies and assistants who may be provided for the office for each month, and may pay to the officer the proportionate part of the officer's annual salary; but the excess of such fees, commissions, emoluments, etc., the officer shall retain to be accounted for to the county as directed. (B) However, if in any month the total amount of fees, commissions, emoluments, etc., collected by any such officer does not equal the total amount of such officer's salary, the salaries of the deputies and assistants allowed the officer, plus the other expenses of the office as provided, for the month, then the amount of such deficiency shall be allowed the officer out of any excess fees, etc., received or collected by the officer during any preceding or succeeding month or months of the terms for which the officer is elected or appointed. (2) However, upon beginning a new term of office, the county trustee, when funds are available, and upon approval and direction of the governing body of each county, shall advance monthly to such officers the necessary funds with which to begin a new term of office until excess fees collected are sufficient to repay to the county trustee any and all of the sums so advanced. (3) The excess fees, commissions, etc., paid over to the county trustee under §§ 8-22-101 - 8-22-113, [former] 8-22-114 [repealed], 8-22-115, [former] 8-22-116 [repealed], 8-22-117 shall be subject to the same law as applies to unclaimed funds paid into the county treasury under § 5-8-401 . (4) When the several terms of office of the officers are ended, a final settlement will be had between the county and the officers, and any deficiency in the salaries of such officers for any year during their tenure will be paid to them out of such funds arising from the funds paid in by those officials.
(1) (A) At the end of each month, each officer enumerated in § 8-22-101 shall pay, out of the fees, commissions, or emoluments collected by the officer by virtue of the office, all the expenses of the office in the manner provided. The officer shall also pay the salaries of the deputies and assistants who may be provided for the office for each month, and may pay to the officer the proportionate part of the officer's annual salary; but the excess of such fees, commissions, emoluments, etc., the officer shall retain to be accounted for to the county as directed. (B) However, if in any month the total amount of fees, commissions, emoluments, etc., collected by any such officer does not equal the total amount of such officer's salary, the salaries of the deputies and assistants allowed the officer, plus the other expenses of the office as provided, for the month, then the amount of such deficiency shall be allowed the officer out of any excess fees, etc., received or collected by the officer during any preceding or succeeding month or months of the terms for which the officer is elected or appointed.
(A) At the end of each month, each officer enumerated in § 8-22-101 shall pay, out of the fees, commissions, or emoluments collected by the officer by virtue of the office, all the expenses of the office in the manner provided. The officer shall also pay the salaries of the deputies and assistants who may be provided for the office for each month, and may pay to the officer the proportionate part of the officer's annual salary; but the excess of such fees, commissions, emoluments, etc., the officer shall retain to be accounted for to the county as directed.
(B) However, if in any month the total amount of fees, commissions, emoluments, etc., collected by any such officer does not equal the total amount of such officer's salary, the salaries of the deputies and assistants allowed the officer, plus the other expenses of the office as provided, for the month, then the amount of such deficiency shall be allowed the officer out of any excess fees, etc., received or collected by the officer during any preceding or succeeding month or months of the terms for which the officer is elected or appointed.
(2) However, upon beginning a new term of office, the county trustee, when funds are available, and upon approval and direction of the governing body of each county, shall advance monthly to such officers the necessary funds with which to begin a new term of office until excess fees collected are sufficient to repay to the county trustee any and all of the sums so advanced.
(3) The excess fees, commissions, etc., paid over to the county trustee under §§ 8-22-101 - 8-22-113, [former] 8-22-114 [repealed], 8-22-115, [former] 8-22-116 [repealed], 8-22-117 shall be subject to the same law as applies to unclaimed funds paid into the county treasury under § 5-8-401 .
(4) When the several terms of office of the officers are ended, a final settlement will be had between the county and the officers, and any deficiency in the salaries of such officers for any year during their tenure will be paid to them out of such funds arising from the funds paid in by those officials.
(b) Notwithstanding subsection (a), in counties with a population of six hundred thousand (600,000) or more, according to the 1970 federal census or any subsequent census, all purchases enumerated in § 8-22-107 shall be made in accordance with § 8-22-107(b) .
Acts 1921, ch. 101, § 16; Shan. Supp., § 6428a53; Code 1932, § 10742; Acts 1969, ch. 259, § 1; T.C.A. (orig. ed.), § 8-2208; Acts 1981, ch. 177, § 2.
Tenn. Code Ann. § 8-50-112 — TN Code / Title 8 / Chapter 50 / Section 8-50-112
Announcement for employment for covered position - Noncovered positions - Criminal history - Definitions
Status: in_force

(a) If an employer announces a position for employment that is a covered position, the announcement shall include the following statement: NOTICE This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position. (b) If an employer announces a position for employment that is not a covered position, the employer shall not inquire about an applicant's criminal history on the initial application form. An employer may inquire about an applicant's criminal history after the initial screening of applications. If an employer inquires about an applicant's criminal history, the employer shall provide the applicant with an opportunity to provide an explanation of the applicant's criminal history to the employer. (c) In considering an applicant with a criminal history for a position for employment other than a covered position, an employer shall consider: (1) The specific duties and responsibilities of the position; (2) The bearing, if any, that an applicant's criminal history may have on the applicant's fitness or ability to perform the duties required by the position; (3) The amount of time that has elapsed since the applicant's conviction or release; (4) The age of the applicant at the time of the commission of each offense; (5) The frequency and seriousness of each offense; (6) Any information produced by the applicant regarding the applicant's rehabilitation and good conduct since the occurrence of an offense; and (7) Any public policy considerations with respect to the benefits of employment for applicants with criminal histories. (d) Except as otherwise required or expressly permitted by state or federal law, a criminal history obtained by an employer shall be confidential and not subject to the open records law, compiled in title 10, chapter 7. (e) An employer shall be held harmless and not liable for any damages arising from the employer's failure or refusal to hire an applicant for any covered position or other position based on information obtained by the employer from an inquiry into the criminal history of the applicant. (f) As used in this section, unless the context otherwise requires: (1) "Covered position" means a position for employment for which a criminal background check is required under federal law or for which the commission of an offense is a disqualifying event for employment under federal or state law; and (2) "Employer": (A) Means the state and any agency, authority, branch, bureau, commission, corporation, department, or instrumentality of the state; and (B) Does not include a contractor, subcontractor, a political subdivision of the state, the department of education, the state board of education, or the Tennessee bureau of investigation. Added by 2016 Tenn. Acts, ch. 813,s 1, eff. 4/14/2016.
(a) If an employer announces a position for employment that is a covered position, the announcement shall include the following statement: NOTICE This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position.
NOTICE
This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position.
(b) If an employer announces a position for employment that is not a covered position, the employer shall not inquire about an applicant's criminal history on the initial application form. An employer may inquire about an applicant's criminal history after the initial screening of applications. If an employer inquires about an applicant's criminal history, the employer shall provide the applicant with an opportunity to provide an explanation of the applicant's criminal history to the employer.
(c) In considering an applicant with a criminal history for a position for employment other than a covered position, an employer shall consider: (1) The specific duties and responsibilities of the position; (2) The bearing, if any, that an applicant's criminal history may have on the applicant's fitness or ability to perform the duties required by the position; (3) The amount of time that has elapsed since the applicant's conviction or release; (4) The age of the applicant at the time of the commission of each offense; (5) The frequency and seriousness of each offense; (6) Any information produced by the applicant regarding the applicant's rehabilitation and good conduct since the occurrence of an offense; and (7) Any public policy considerations with respect to the benefits of employment for applicants with criminal histories.
(1) The specific duties and responsibilities of the position;
(2) The bearing, if any, that an applicant's criminal history may have on the applicant's fitness or ability to perform the duties required by the position;
(3) The amount of time that has elapsed since the applicant's conviction or release;
(4) The age of the applicant at the time of the commission of each offense;
(5) The frequency and seriousness of each offense;
(6) Any information produced by the applicant regarding the applicant's rehabilitation and good conduct since the occurrence of an offense; and
(7) Any public policy considerations with respect to the benefits of employment for applicants with criminal histories.
(d) Except as otherwise required or expressly permitted by state or federal law, a criminal history obtained by an employer shall be confidential and not subject to the open records law, compiled in title 10, chapter 7.
(e) An employer shall be held harmless and not liable for any damages arising from the employer's failure or refusal to hire an applicant for any covered position or other position based on information obtained by the employer from an inquiry into the criminal history of the applicant.
(f) As used in this section, unless the context otherwise requires: (1) "Covered position" means a position for employment for which a criminal background check is required under federal law or for which the commission of an offense is a disqualifying event for employment under federal or state law; and (2) "Employer": (A) Means the state and any agency, authority, branch, bureau, commission, corporation, department, or instrumentality of the state; and (B) Does not include a contractor, subcontractor, a political subdivision of the state, the department of education, the state board of education, or the Tennessee bureau of investigation.
(1) "Covered position" means a position for employment for which a criminal background check is required under federal law or for which the commission of an offense is a disqualifying event for employment under federal or state law; and
(2) "Employer": (A) Means the state and any agency, authority, branch, bureau, commission, corporation, department, or instrumentality of the state; and (B) Does not include a contractor, subcontractor, a political subdivision of the state, the department of education, the state board of education, or the Tennessee bureau of investigation.
(A) Means the state and any agency, authority, branch, bureau, commission, corporation, department, or instrumentality of the state; and
(B) Does not include a contractor, subcontractor, a political subdivision of the state, the department of education, the state board of education, or the Tennessee bureau of investigation.
Added by 2016 Tenn. Acts, ch. 813,s 1, eff. 4/14/2016.
Tenn. Code Ann. § 8-18-102 — TN Code / Title 8 / Chapter 18 / Section 8-18-102
Penalty for acceptance of office by ineligible person
Status: in_force

(a) Any person taking on any office in this state, by election or appointment, under any of the disqualifications specified in § 8-18-101(2)-(5) , commits a Class C misdemeanor. (b) Any person taking on any office in this state, by election or appointment, under the disqualification specified in § 8-18-101(1) , commits a Class A misdemeanor. Amended by 2019 Tenn. Acts, ch. 281, s 2, eff. 7/1/2019. Code 1858, § 749; Shan., § 1070; Code 1932, § 1813; T.C.A. (orig. ed.), § 8-1802; Acts 1989, ch. 591, § 113.
(a) Any person taking on any office in this state, by election or appointment, under any of the disqualifications specified in § 8-18-101(2)-(5) , commits a Class C misdemeanor.
(b) Any person taking on any office in this state, by election or appointment, under the disqualification specified in § 8-18-101(1) , commits a Class A misdemeanor.
Amended by 2019 Tenn. Acts, ch. 281, s 2, eff. 7/1/2019.
Code 1858, § 749; Shan., § 1070; Code 1932, § 1813; T.C.A. (orig. ed.), § 8-1802; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 8-23-101 — TN Code / Title 8 / Chapter 23 / Section 8-23-101
Salaries of Class 1 and Class 2 officers
Status: in_force

(a) The salaries of major officials of the state, whose salaries are not provided for otherwise in this code, shall be in the annual amounts indicated in the following subsections of this section, payable in periodic installments, from the state treasury on warrants of the commissioner of finance and administration, which compensation shall be in full for their services, except for reimbursement for travel expense in accordance with the official state travel policies and regulations. (b) Class 1. Officials listed in Class 1 shall be paid an annual salary of thirty-one thousand dollars ($31,000): (1) Commissioner of education; (2) Commissioner of finance and administration; (3) Commissioner of transportation; (4) Comptroller of the treasury; (5) Secretary of state; and (6) Treasurer. (c) Class 2. Officials listed in Class 2 shall be paid an annual salary of twenty-eight thousand dollars ($28,000): (1) Adjutant general; (2) Commissioner of agriculture; (3) Commissioner of financial institutions; (4) Commissioner of environment and conservation; (5) Commissioner of correction; (6) Commissioner of labor and workforce development; (7) Commissioner of general services; (8) Commissioner of human services; (9) Commissioner of commerce and insurance; (10) Commissioner of human resources; (11) Commissioner of revenue; (12) Commissioner of safety; (13) Commissioner of tourist development; (14) Commissioner of veterans services; and (15) Commissioner of children's services. (d) (1) The compensation or allowance specified in § 3-1-106(b), (c), and (e) and in §§ 3-1-107 , 8-7-105 , and this section for the officials covered thereby, respectively, shall be the base compensation or allowance for each such official. (2) On July 1, 1973, and on July 1, 1974, with respect to the compensation or allowance fixed in §§ 3-1-106 , 3-1-107 , 8-7-105 and this section, the compensation or allowance provided in each such section shall be adjusted to reflect the percentage of change in the per capita personal income of the state of Tennessee, as defined and published by the United States department of commerce, between that of the calendar year beginning two (2) years before such date and the calendar year beginning one (1) year before each such date. Each succeeding July 1, a similar adjustment shall be made, based on the difference in the state's per capita income between the two (2) years preceding the July 1 on which the adjustment is made. (3) On July 1, 1975, with respect to the compensations or allowances fixed in § 3-1-106(b), (c), and (e) , in §§ 3-1-107 , 8-1-102 , 8-7-105 , and in this section, the compensation or allowance provided in each such section or subsection shall be adjusted to reflect the percent of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics, between that figure for the calendar year 1974 and the calendar year 1973. Each succeeding July 1, a similar adjustment shall be made, based on the percent of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. However, no reduction shall be made by way of adjustment on account of any decrease in the average consumer price index between two (2) successive calendar years. No adjustment based on the percent of change in the state's per capita personal income from year to year shall be made after July 1, 1974. (4) No annual adjustment as provided in this subsection (d) shall be made after July 1, 1978, with respect to the base salaries as adjusted fixed for major state officials by subsections (b) and (c), nor after July 1, 1978, with respect to the base salaries and allowances as adjusted of district attorneys general, fixed by § 8-7-105 ; nor after July 1, 1978, with respect to the base salary as adjusted of the governor, fixed by § 8-1-102 ; nor after July 1, 1978, with respect to the allowances fixed in § 3-1-106(b), (c) and (e) and the compensation and allowances fixed in § 3-1-107 , all pertaining to members of the general assembly. (5) (A) On July 1, 1980, the base salaries and allowances as adjusted of district attorneys general shall be annually adjusted to reflect any actual percentage pay increases provided to all state employees generally, as provided for in the general appropriations act, but the adjustment shall not exceed five percent (5%). (B) Except in the case of assistant district attorneys general who are no longer eligible for a step increase under § 8-7-201 , no adjustment made under the terms of subdivision (d)(5)(A) shall be considered in computing the salaries of assistant district attorneys general under § 8-7-201 . (e) The compensation of the commissioner of economic and community development shall be fixed by the governor upon recommendation of the [former] Tennessee board for economic growth [abolished] and shall be paid from the appropriation available to the department of economic and community development; however, in no event shall the commissioner's salary exceed the salary level established for the other commissioners whose salaries are set by the governor. (f) (1) Notwithstanding other provisions of this section to the contrary, on and after July 1, 1984, increases, if any, in the annual salary of the major state officials enumerated in subsections (b) and (c) shall be fixed by the governor, except as is set forth in subdivision (f)(2). Upon the creation of a vacancy in any of the positions enumerated in subsections (b) and (c), the governor may decrease the salary for the position prior to appointing a successor; provided, that nothing herein shall be construed to authorize the governor to decrease the salaries of the major state officials set forth in subdivision (f)(2). (2) Increases in the annual salary of the comptroller of the treasury, the secretary of state and the state treasurer shall be the same as that of the commissioner of finance and administration. (3) For the purposes of this subsection (f), the annual salary shall be defined as the annual salary in effect on June 30, 1984, and each subsequent June 30. (g) For the purposes of § 9-8-303 , the salary of a Class 1 commissioner shall not be less than seventy-five percent (75%) of the salary of the secretary of state. Acts 1893, ch. 6, §§ 4, 5; impl. am. Acts 1913, ch. 1, § 1; mod. Code 1932, §§ 10665-10667; Acts 1949, ch. 38, § 1; C. Supp. 1950, §§ 255.94, 10665-10667 (Williams, §§ 255.87, 10665-10667); impl. am. Acts 1953, ch. 163, §§ 1, 2; impl. am. Acts 1955, ch. 69, § 1; Acts 1955, ch. 193, § 1; 1957, ch. 263, § 1; 1957, ch. 335, § 2; impl. am. Acts 1959, ch. 9, §§ 2-6; Acts 1961, ch. 183, § 1; 1963, ch. 261, § 1; 1965, ch. 252, § 1; 1969, ch. 197, § 1; 1972, ch. 526, §§ 6, 8; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1972, ch. 829, § 19; impl. am. Acts 1972, ch. 852, § 12; Acts 1973, ch. 137, §§ 1, 2; impl. am. Acts 1973, ch. 294, §§ 5, 6; Acts 1974, ch. 763, § 1; impl. am. Acts 1975, ch. 219, § 2; impl. am. Acts 1975, ch. 249, § 3; Acts 1976, ch. 468, § 5; 1977, ch. 44, § 2; 1977, ch. 89, § 23; T.C.A. (orig. ed.), § 8-2301; Acts 1980, ch. 906, § 1; 1981, ch. 367, §§ 1, 2; 1984, ch. 740, § 1; 1987, ch. 126, § 1; 1989, ch. 278, § 26; 1989, ch. 345, §§ 1-3; 1995, ch. 305, § 53; 1996, ch. 1079, § 27; 1999, ch. 520, § 32; 2006, ch. 982, § 2; 2007 , ch. 60, 2007 , ch. 361, § 4.
(a) The salaries of major officials of the state, whose salaries are not provided for otherwise in this code, shall be in the annual amounts indicated in the following subsections of this section, payable in periodic installments, from the state treasury on warrants of the commissioner of finance and administration, which compensation shall be in full for their services, except for reimbursement for travel expense in accordance with the official state travel policies and regulations.
(b) Class 1. Officials listed in Class 1 shall be paid an annual salary of thirty-one thousand dollars ($31,000): (1) Commissioner of education; (2) Commissioner of finance and administration; (3) Commissioner of transportation; (4) Comptroller of the treasury; (5) Secretary of state; and (6) Treasurer.
(1) Commissioner of education;
(2) Commissioner of finance and administration;
(3) Commissioner of transportation;
(4) Comptroller of the treasury;
(5) Secretary of state; and
(6) Treasurer.
(c) Class 2. Officials listed in Class 2 shall be paid an annual salary of twenty-eight thousand dollars ($28,000): (1) Adjutant general; (2) Commissioner of agriculture; (3) Commissioner of financial institutions; (4) Commissioner of environment and conservation; (5) Commissioner of correction; (6) Commissioner of labor and workforce development; (7) Commissioner of general services; (8) Commissioner of human services; (9) Commissioner of commerce and insurance; (10) Commissioner of human resources; (11) Commissioner of revenue; (12) Commissioner of safety; (13) Commissioner of tourist development; (14) Commissioner of veterans services; and (15) Commissioner of children's services.
(1) Adjutant general;
(2) Commissioner of agriculture;
(3) Commissioner of financial institutions;
(4) Commissioner of environment and conservation;
(5) Commissioner of correction;
(6) Commissioner of labor and workforce development;
(7) Commissioner of general services;
(8) Commissioner of human services;
(9) Commissioner of commerce and insurance;
(10) Commissioner of human resources;
(11) Commissioner of revenue;
(12) Commissioner of safety;
(13) Commissioner of tourist development;
(14) Commissioner of veterans services; and
(15) Commissioner of children's services.
(d) (1) The compensation or allowance specified in § 3-1-106(b), (c), and (e) and in §§ 3-1-107 , 8-7-105 , and this section for the officials covered thereby, respectively, shall be the base compensation or allowance for each such official. (2) On July 1, 1973, and on July 1, 1974, with respect to the compensation or allowance fixed in §§ 3-1-106 , 3-1-107 , 8-7-105 and this section, the compensation or allowance provided in each such section shall be adjusted to reflect the percentage of change in the per capita personal income of the state of Tennessee, as defined and published by the United States department of commerce, between that of the calendar year beginning two (2) years before such date and the calendar year beginning one (1) year before each such date. Each succeeding July 1, a similar adjustment shall be made, based on the difference in the state's per capita income between the two (2) years preceding the July 1 on which the adjustment is made. (3) On July 1, 1975, with respect to the compensations or allowances fixed in § 3-1-106(b), (c), and (e) , in §§ 3-1-107 , 8-1-102 , 8-7-105 , and in this section, the compensation or allowance provided in each such section or subsection shall be adjusted to reflect the percent of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics, between that figure for the calendar year 1974 and the calendar year 1973. Each succeeding July 1, a similar adjustment shall be made, based on the percent of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. However, no reduction shall be made by way of adjustment on account of any decrease in the average consumer price index between two (2) successive calendar years. No adjustment based on the percent of change in the state's per capita personal income from year to year shall be made after July 1, 1974. (4) No annual adjustment as provided in this subsection (d) shall be made after July 1, 1978, with respect to the base salaries as adjusted fixed for major state officials by subsections (b) and (c), nor after July 1, 1978, with respect to the base salaries and allowances as adjusted of district attorneys general, fixed by § 8-7-105 ; nor after July 1, 1978, with respect to the base salary as adjusted of the governor, fixed by § 8-1-102 ; nor after July 1, 1978, with respect to the allowances fixed in § 3-1-106(b), (c) and (e) and the compensation and allowances fixed in § 3-1-107 , all pertaining to members of the general assembly. (5) (A) On July 1, 1980, the base salaries and allowances as adjusted of district attorneys general shall be annually adjusted to reflect any actual percentage pay increases provided to all state employees generally, as provided for in the general appropriations act, but the adjustment shall not exceed five percent (5%). (B) Except in the case of assistant district attorneys general who are no longer eligible for a step increase under § 8-7-201 , no adjustment made under the terms of subdivision (d)(5)(A) shall be considered in computing the salaries of assistant district attorneys general under § 8-7-201 .
(1) The compensation or allowance specified in § 3-1-106(b), (c), and (e) and in §§ 3-1-107 , 8-7-105 , and this section for the officials covered thereby, respectively, shall be the base compensation or allowance for each such official.
(2) On July 1, 1973, and on July 1, 1974, with respect to the compensation or allowance fixed in §§ 3-1-106 , 3-1-107 , 8-7-105 and this section, the compensation or allowance provided in each such section shall be adjusted to reflect the percentage of change in the per capita personal income of the state of Tennessee, as defined and published by the United States department of commerce, between that of the calendar year beginning two (2) years before such date and the calendar year beginning one (1) year before each such date. Each succeeding July 1, a similar adjustment shall be made, based on the difference in the state's per capita income between the two (2) years preceding the July 1 on which the adjustment is made.
(3) On July 1, 1975, with respect to the compensations or allowances fixed in § 3-1-106(b), (c), and (e) , in §§ 3-1-107 , 8-1-102 , 8-7-105 , and in this section, the compensation or allowance provided in each such section or subsection shall be adjusted to reflect the percent of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics, between that figure for the calendar year 1974 and the calendar year 1973. Each succeeding July 1, a similar adjustment shall be made, based on the percent of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. However, no reduction shall be made by way of adjustment on account of any decrease in the average consumer price index between two (2) successive calendar years. No adjustment based on the percent of change in the state's per capita personal income from year to year shall be made after July 1, 1974.
(4) No annual adjustment as provided in this subsection (d) shall be made after July 1, 1978, with respect to the base salaries as adjusted fixed for major state officials by subsections (b) and (c), nor after July 1, 1978, with respect to the base salaries and allowances as adjusted of district attorneys general, fixed by § 8-7-105 ; nor after July 1, 1978, with respect to the base salary as adjusted of the governor, fixed by § 8-1-102 ; nor after July 1, 1978, with respect to the allowances fixed in § 3-1-106(b), (c) and (e) and the compensation and allowances fixed in § 3-1-107 , all pertaining to members of the general assembly.
(5) (A) On July 1, 1980, the base salaries and allowances as adjusted of district attorneys general shall be annually adjusted to reflect any actual percentage pay increases provided to all state employees generally, as provided for in the general appropriations act, but the adjustment shall not exceed five percent (5%). (B) Except in the case of assistant district attorneys general who are no longer eligible for a step increase under § 8-7-201 , no adjustment made under the terms of subdivision (d)(5)(A) shall be considered in computing the salaries of assistant district attorneys general under § 8-7-201 .
(A) On July 1, 1980, the base salaries and allowances as adjusted of district attorneys general shall be annually adjusted to reflect any actual percentage pay increases provided to all state employees generally, as provided for in the general appropriations act, but the adjustment shall not exceed five percent (5%).
(B) Except in the case of assistant district attorneys general who are no longer eligible for a step increase under § 8-7-201 , no adjustment made under the terms of subdivision (d)(5)(A) shall be considered in computing the salaries of assistant district attorneys general under § 8-7-201 .
(e) The compensation of the commissioner of economic and community development shall be fixed by the governor upon recommendation of the [former] Tennessee board for economic growth [abolished] and shall be paid from the appropriation available to the department of economic and community development; however, in no event shall the commissioner's salary exceed the salary level established for the other commissioners whose salaries are set by the governor.
(f) (1) Notwithstanding other provisions of this section to the contrary, on and after July 1, 1984, increases, if any, in the annual salary of the major state officials enumerated in subsections (b) and (c) shall be fixed by the governor, except as is set forth in subdivision (f)(2). Upon the creation of a vacancy in any of the positions enumerated in subsections (b) and (c), the governor may decrease the salary for the position prior to appointing a successor; provided, that nothing herein shall be construed to authorize the governor to decrease the salaries of the major state officials set forth in subdivision (f)(2). (2) Increases in the annual salary of the comptroller of the treasury, the secretary of state and the state treasurer shall be the same as that of the commissioner of finance and administration. (3) For the purposes of this subsection (f), the annual salary shall be defined as the annual salary in effect on June 30, 1984, and each subsequent June 30.
(1) Notwithstanding other provisions of this section to the contrary, on and after July 1, 1984, increases, if any, in the annual salary of the major state officials enumerated in subsections (b) and (c) shall be fixed by the governor, except as is set forth in subdivision (f)(2). Upon the creation of a vacancy in any of the positions enumerated in subsections (b) and (c), the governor may decrease the salary for the position prior to appointing a successor; provided, that nothing herein shall be construed to authorize the governor to decrease the salaries of the major state officials set forth in subdivision (f)(2).
(2) Increases in the annual salary of the comptroller of the treasury, the secretary of state and the state treasurer shall be the same as that of the commissioner of finance and administration.
(3) For the purposes of this subsection (f), the annual salary shall be defined as the annual salary in effect on June 30, 1984, and each subsequent June 30.
(g) For the purposes of § 9-8-303 , the salary of a Class 1 commissioner shall not be less than seventy-five percent (75%) of the salary of the secretary of state.
Acts 1893, ch. 6, §§ 4, 5; impl. am. Acts 1913, ch. 1, § 1; mod. Code 1932, §§ 10665-10667; Acts 1949, ch. 38, § 1; C. Supp. 1950, §§ 255.94, 10665-10667 (Williams, §§ 255.87, 10665-10667); impl. am. Acts 1953, ch. 163, §§ 1, 2; impl. am. Acts 1955, ch. 69, § 1; Acts 1955, ch. 193, § 1; 1957, ch. 263, § 1; 1957, ch. 335, § 2; impl. am. Acts 1959, ch. 9, §§ 2-6; Acts 1961, ch. 183, § 1; 1963, ch. 261, § 1; 1965, ch. 252, § 1; 1969, ch. 197, § 1; 1972, ch. 526, §§ 6, 8; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1972, ch. 829, § 19; impl. am. Acts 1972, ch. 852, § 12; Acts 1973, ch. 137, §§ 1, 2; impl. am. Acts 1973, ch. 294, §§ 5, 6; Acts 1974, ch. 763, § 1; impl. am. Acts 1975, ch. 219, § 2; impl. am. Acts 1975, ch. 249, § 3; Acts 1976, ch. 468, § 5; 1977, ch. 44, § 2; 1977, ch. 89, § 23; T.C.A. (orig. ed.), § 8-2301; Acts 1980, ch. 906, § 1; 1981, ch. 367, §§ 1, 2; 1984, ch. 740, § 1; 1987, ch. 126, § 1; 1989, ch. 278, § 26; 1989, ch. 345, §§ 1-3; 1995, ch. 305, § 53; 1996, ch. 1079, § 27; 1999, ch. 520, § 32; 2006, ch. 982, § 2; 2007 , ch. 60, 2007 , ch. 361, § 4.
Tenn. Code Ann. § 8-21-104 — TN Code / Title 8 / Chapter 21 / Section 8-21-104
Bill of costs
Status: in_force

Such officers shall, on demand, make out a bill of fees and costs in any case or matter, stating each item distinctly. Code 1858, § 4520; Shan., § 6355; mod. Code 1932, § 10657; T.C.A. (orig. ed.), § 8-2104.
Such officers shall, on demand, make out a bill of fees and costs in any case or matter, stating each item distinctly.
Code 1858, § 4520; Shan., § 6355; mod. Code 1932, § 10657; T.C.A. (orig. ed.), § 8-2104.
Tenn. Code Ann. § 8-35-108 — TN Code / Title 8 / Chapter 35 / Section 8-35-108
Teachers in local retirement systems
Status: in_force

A teacher participating in a local retirement fund shall not be eligible for membership in the retirement system. Acts 1972, ch. 814, § 3; T.C.A., § 8-3903(1).
A teacher participating in a local retirement fund shall not be eligible for membership in the retirement system.
Acts 1972, ch. 814, § 3; T.C.A., § 8-3903(1).
Tenn. Code Ann. § 8-36-102 — TN Code / Title 8 / Chapter 36 / Section 8-36-102
Limitation on amount of retirement allowance
Status: in_force

(a) Notwithstanding any other law to the contrary, no retirement allowance payable to any member retiring under the consolidated retirement system or any superseded system after June 30, 1975, shall exceed the average final compensation or benefit base of such member; provided, that this section shall not be construed to prevent any increase in retirement allowance of such member in excess of the final average compensation or benefit base when such increase is in accordance with § 8-36-701 . (b) Notwithstanding any other law to the contrary, the member contributions paid to and retirement benefits paid from the plan shall be limited to such extent as may be necessary to conform to the requirements of § 415 of the Internal Revenue Code ( 26 U.S.C. § 415 ), for a qualified plan. (c) Participation in other qualified plans: aggregation of limits. (1) The limit under § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ) with respect to any member who at any time has been a member in any other defined benefit plan as defined in § 414(j) of the Internal Revenue Code ( 26 U.S.C. § 414(j) ), maintained by the member's employer in this plan shall apply as if the total benefits payable under all such defined benefit plans in which the member has been a member were payable from one (1) plan. (2) The limit under § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ) with respect to any member who at any time has been a member in any other defined contribution plan, as defined in § 414(i) of the Internal Revenue Code ( 26 U.S.C. § 414(i) ), maintained by the member's employer in this plan shall apply as if the total annual additions under all such defined contribution plans in which the member has been a member were payable from one (1) plan. (d) Basic § 415(b) limitation. Before January 1, 1995, a member may not receive an annual benefit that exceeds the limits specified in § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ), subject to the applicable adjustments in that section. On and after January 1, 1995, a member may not receive an annual benefit that exceeds the dollar amount specified in § 415(b)(1)(A) of the Internal Revenue Code ( 26 U.S.C. § 415(b)(1)(A) ), subject to the applicable adjustments in § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ) and subject to any additional limits that may be specified in the retirement system. In no event shall a member's annual benefit payable under the plan in any limitation year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to § 415(d) of the Internal Revenue Code ( 26 U.S.C. § 415(d) ) and the regulations thereunder. (e) Effect of COLA on § 415(b) testing. Effective on and after January 1, 2009, for purposes of applying the limits under § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ) (the "limit") to a member with no lump sum benefit, the following shall apply: (1) A member's applicable limit shall be applied to the member's annual benefit in the member's first limitation year without regard to any cost-of-living adjustment under § 8-36-701 ; (2) To the extent that the member's annual benefit equals or exceeds the limit, the member shall no longer be eligible for cost-of-living increases until such time as the benefit plus the accumulated increases are less than the limit; and (3) Thereafter, in any subsequent limitation year, a member's annual benefit, including any cost-of-living increases under § 8-36-701 , shall be tested under the then applicable benefit limit including any adjustment to the § 415(b)(1)(A) of the Internal Revenue Code ( 26 U.S.C. § 415(b)(1)(A) ) dollar limit under § 415(d) of the Internal Revenue Code ( 26 U.S.C. § 415(d) ), and the regulations thereunder. (f) Section 415(c) Limitations. For purposes of applying § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ) and for no other purpose, the definition of compensation where applicable shall be compensation as defined by Treasury Regulation § 1.415(c)-2(d)(3), or successor regulation; provided, however, that member contributions picked up under § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 415(h) ) shall not be treated as compensation. A member's compensation for purposes of this subsection (f) shall not exceed the annual limit under § 401(a)(17) of the Internal Revenue Code ( 26 U.S.C. § 415(f)(17) ), which applies for that year. If the annual additions for any member for a plan year exceed the limitation under § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ), the excess annual addition shall be corrected as permitted under the Employee Plans Compliance Resolution System or similar IRS correction program. Amended by 2016 Tenn. Acts, ch. 605, s 6, eff. 3/17/2016. Acts 1975, ch. 315, § 7; T.C.A., § 8-3951.
(a) Notwithstanding any other law to the contrary, no retirement allowance payable to any member retiring under the consolidated retirement system or any superseded system after June 30, 1975, shall exceed the average final compensation or benefit base of such member; provided, that this section shall not be construed to prevent any increase in retirement allowance of such member in excess of the final average compensation or benefit base when such increase is in accordance with § 8-36-701 .
(b) Notwithstanding any other law to the contrary, the member contributions paid to and retirement benefits paid from the plan shall be limited to such extent as may be necessary to conform to the requirements of § 415 of the Internal Revenue Code ( 26 U.S.C. § 415 ), for a qualified plan.
(c) Participation in other qualified plans: aggregation of limits. (1) The limit under § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ) with respect to any member who at any time has been a member in any other defined benefit plan as defined in § 414(j) of the Internal Revenue Code ( 26 U.S.C. § 414(j) ), maintained by the member's employer in this plan shall apply as if the total benefits payable under all such defined benefit plans in which the member has been a member were payable from one (1) plan. (2) The limit under § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ) with respect to any member who at any time has been a member in any other defined contribution plan, as defined in § 414(i) of the Internal Revenue Code ( 26 U.S.C. § 414(i) ), maintained by the member's employer in this plan shall apply as if the total annual additions under all such defined contribution plans in which the member has been a member were payable from one (1) plan.
(1) The limit under § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ) with respect to any member who at any time has been a member in any other defined benefit plan as defined in § 414(j) of the Internal Revenue Code ( 26 U.S.C. § 414(j) ), maintained by the member's employer in this plan shall apply as if the total benefits payable under all such defined benefit plans in which the member has been a member were payable from one (1) plan.
(2) The limit under § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ) with respect to any member who at any time has been a member in any other defined contribution plan, as defined in § 414(i) of the Internal Revenue Code ( 26 U.S.C. § 414(i) ), maintained by the member's employer in this plan shall apply as if the total annual additions under all such defined contribution plans in which the member has been a member were payable from one (1) plan.
(d) Basic § 415(b) limitation. Before January 1, 1995, a member may not receive an annual benefit that exceeds the limits specified in § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ), subject to the applicable adjustments in that section. On and after January 1, 1995, a member may not receive an annual benefit that exceeds the dollar amount specified in § 415(b)(1)(A) of the Internal Revenue Code ( 26 U.S.C. § 415(b)(1)(A) ), subject to the applicable adjustments in § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ) and subject to any additional limits that may be specified in the retirement system. In no event shall a member's annual benefit payable under the plan in any limitation year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to § 415(d) of the Internal Revenue Code ( 26 U.S.C. § 415(d) ) and the regulations thereunder.
(e) Effect of COLA on § 415(b) testing. Effective on and after January 1, 2009, for purposes of applying the limits under § 415(b) of the Internal Revenue Code ( 26 U.S.C. § 415(b) ) (the "limit") to a member with no lump sum benefit, the following shall apply: (1) A member's applicable limit shall be applied to the member's annual benefit in the member's first limitation year without regard to any cost-of-living adjustment under § 8-36-701 ; (2) To the extent that the member's annual benefit equals or exceeds the limit, the member shall no longer be eligible for cost-of-living increases until such time as the benefit plus the accumulated increases are less than the limit; and (3) Thereafter, in any subsequent limitation year, a member's annual benefit, including any cost-of-living increases under § 8-36-701 , shall be tested under the then applicable benefit limit including any adjustment to the § 415(b)(1)(A) of the Internal Revenue Code ( 26 U.S.C. § 415(b)(1)(A) ) dollar limit under § 415(d) of the Internal Revenue Code ( 26 U.S.C. § 415(d) ), and the regulations thereunder.
(1) A member's applicable limit shall be applied to the member's annual benefit in the member's first limitation year without regard to any cost-of-living adjustment under § 8-36-701 ;
(2) To the extent that the member's annual benefit equals or exceeds the limit, the member shall no longer be eligible for cost-of-living increases until such time as the benefit plus the accumulated increases are less than the limit; and
(3) Thereafter, in any subsequent limitation year, a member's annual benefit, including any cost-of-living increases under § 8-36-701 , shall be tested under the then applicable benefit limit including any adjustment to the § 415(b)(1)(A) of the Internal Revenue Code ( 26 U.S.C. § 415(b)(1)(A) ) dollar limit under § 415(d) of the Internal Revenue Code ( 26 U.S.C. § 415(d) ), and the regulations thereunder.
(f) Section 415(c) Limitations. For purposes of applying § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ) and for no other purpose, the definition of compensation where applicable shall be compensation as defined by Treasury Regulation § 1.415(c)-2(d)(3), or successor regulation; provided, however, that member contributions picked up under § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 415(h) ) shall not be treated as compensation. A member's compensation for purposes of this subsection (f) shall not exceed the annual limit under § 401(a)(17) of the Internal Revenue Code ( 26 U.S.C. § 415(f)(17) ), which applies for that year. If the annual additions for any member for a plan year exceed the limitation under § 415(c) of the Internal Revenue Code ( 26 U.S.C. § 415(c) ), the excess annual addition shall be corrected as permitted under the Employee Plans Compliance Resolution System or similar IRS correction program.
Amended by 2016 Tenn. Acts, ch. 605, s 6, eff. 3/17/2016.
Acts 1975, ch. 315, § 7; T.C.A., § 8-3951.
Tenn. Code Ann. § 8-4-103 — TN Code / Title 8 / Chapter 4 / Section 8-4-103
Assistance of local governments with geographic information systems related to administration of property taxes - Assistance of local governments with local redistricting and reapportionment - Compilation and maintenance of precinct boundaries and maps - Liaison with United States census bureau
Status: in_force

(a) The comptroller of the treasury shall: (1) Assist local governments with geographic information systems technical support, training, and mapping issues related to the administration of property taxes; (2) Assist and advise local governments with local redistricting and reapportionment; (3) Compile and maintain precinct boundaries and maps in the state and assist with their development; and (4) Serve as the liaison with the United States census bureau and participate in its redistricting data program. (b) This section does not detract from the function, powers, and duties legally assigned to any other agency of this state, or interrupt or preclude direct relationships by any such agency with local governments in carrying out its operations. Added by 2021 Tenn. Acts, ch. 194,s 8, eff. 4/22/2021.
(a) The comptroller of the treasury shall: (1) Assist local governments with geographic information systems technical support, training, and mapping issues related to the administration of property taxes; (2) Assist and advise local governments with local redistricting and reapportionment; (3) Compile and maintain precinct boundaries and maps in the state and assist with their development; and (4) Serve as the liaison with the United States census bureau and participate in its redistricting data program.
(1) Assist local governments with geographic information systems technical support, training, and mapping issues related to the administration of property taxes;
(2) Assist and advise local governments with local redistricting and reapportionment;
(3) Compile and maintain precinct boundaries and maps in the state and assist with their development; and
(4) Serve as the liaison with the United States census bureau and participate in its redistricting data program.
(b) This section does not detract from the function, powers, and duties legally assigned to any other agency of this state, or interrupt or preclude direct relationships by any such agency with local governments in carrying out its operations.
Added by 2021 Tenn. Acts, ch. 194,s 8, eff. 4/22/2021.
Tenn. Code Ann. § 8-7-503 — TN Code / Title 8 / Chapter 7 / Section 8-7-503
Judge's instruction to grand jury
Status: in_force

It is the duty of the judge who instructs the grand jury to charge the jurors as to this part so that they will be fully informed of the fact that the district attorney general may attend before such body only upon the grand jury's request. Acts 1981, ch. 419, § 3.
It is the duty of the judge who instructs the grand jury to charge the jurors as to this part so that they will be fully informed of the fact that the district attorney general may attend before such body only upon the grand jury's request.
Acts 1981, ch. 419, § 3.
Tenn. Code Ann. § 8-35-220 — TN Code / Title 8 / Chapter 35 / Section 8-35-220
Tennessee Historical Society
Status: in_force

(a) The Tennessee Historical Society shall be a participating employer in the Tennessee consolidated retirement system, upon passage of a resolution by the society's board of directors authorizing such participation and accepting the liability incurred as a result of the participation by its employees. (b) The employees of the society 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) The employees shall be entitled to credit for prior service as approved by the board of directors of the society under the same provisions which apply to employees of local governments. (d) Withdrawal of the society from participation in the retirement system shall be governed by the provisions in this part which apply to local governments. (e) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of employees of the society or their beneficiaries for which reserves have not been previously created from funds contributed by the society 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 society. Acts 1985, ch. 65, § 1; 2010, ch. 777, § 11.
(a) The Tennessee Historical Society shall be a participating employer in the Tennessee consolidated retirement system, upon passage of a resolution by the society's board of directors authorizing such participation and accepting the liability incurred as a result of the participation by its employees.
(b) The employees of the society 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) The employees shall be entitled to credit for prior service as approved by the board of directors of the society under the same provisions which apply to employees of local governments.
(d) Withdrawal of the society from participation in the retirement system shall be governed by the provisions in this part which apply to local governments.
(e) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of employees of the society or their beneficiaries for which reserves have not been previously created from funds contributed by the society 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 society.
Acts 1985, ch. 65, § 1; 2010, ch. 777, § 11.
Tenn. Code Ann. § 8-14-105 — TN Code / Title 8 / Chapter 14 / Section 8-14-105
Determination of indigency - Appointment of counsel - Multiple defendants - Law students
Status: in_force

(a) When any person appears without counsel before any court of this state exercising original jurisdiction (whether magistrate, general sessions, municipal, juvenile, circuit, criminal or any court empowered to deprive the person of liberty) upon a criminal prosecution or juvenile delinquency proceeding involving a possible deprivation of liberty, the court shall inquire whether such person is financially able to employ counsel. If the person claims to be without such means, the court shall examine such person and any witnesses the indigent person or the court may call and proceed to determine whether the person is indigent. The determination shall not be based alone on the person's ability to make a bail bond, but the court shall consider income, property, obligations, the number and ages of dependents and any other matters deemed pertinent. (b) In all habeas corpus and post-conviction proceedings, the court having original jurisdiction of the matter shall determine the question of the petitioner's indigency if such is claimed. (c) In every case arising under this section, the court's determination of indigency or nonindigency shall be reduced to writing and signed by the court and filed with the papers of the cause. If the court is one of record, the court's determination shall also be entered upon its official minutes. (d) (1) If the court determines that the person is indigent, as defined in § 8-14-101 , and the person has not waived the right to counsel, the court shall make and sign an order appointing the district public defender, or such other appointed counsel as provided by law, to represent the person. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes. (2) If the court appoints the district public defender to represent an accused in any proceeding under this section, but finds the accused is financially able to defray a portion or all the cost to the state of representation by the public defender, then the court shall enter an order directing the party to pay into the registry of the clerk of such court such sum of money as the court determines the accused is able to pay. Such sum shall be subject to execution as any other judgment and may also be made a condition of discharge from probation. Such sum as ordered by the court shall be paid by the accused independently and separately from any fines and costs associated with the cause, and such moneys paid by the accused and collected by the clerk of the court pursuant to this section shall be collected independently and separately from any fines and costs associated with the cause and be applied directly to the sum ordered by the court to be paid under this section. The court may provide for payments to be made at intervals, which the court shall establish, and upon such terms and conditions as are fair and just. The court may also modify its order when there has been a change in the circumstances of the accused. (3) The clerk of the court shall collect all moneys paid by an accused pursuant to this section. When the accused fails to comply with the orders of the court, the clerk shall notify the court of the accused's failure to comply. The clerk shall, at the end of each month, pay to, and forward all payments received pursuant to this section to the office of the executive director of the district public defenders conference. The clerk of the court shall receive a commission of five percent (5%) of all moneys collected pursuant to the order of the court; provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, such commission shall be ten percent (10%). (e) In any case or proceeding wherein there is more than one (1) indigent person accused, one (1) such person shall be represented by the district public defender's office, and the court shall appoint an attorney to represent such other indigent persons. Such other indigent persons may also be represented by the district public defender's office; provided, that the court makes an affirmative finding prior to the appointment that no conflict of interest exists and it appears there is good cause to believe no conflict of interest is likely to arise. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes. (f) In any case when the trial court is of the opinion that proper representation of an indigent person or persons makes it necessary to do so, the court may for that purpose appoint one (1) or more senior law students actively participating in a legal aid clinic operated by an approved law school located in the judicial district, in accordance with Tennessee Supreme Court Rule 7. The legal aid clinic shall be notified promptly of the appointment and shall be furnished a copy of the order of appointment. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes. (g) All attorneys and law students appointed as provided in subsections (e) and (f) shall be paid by the state pursuant to §§ 40-14-207 and 40-14-208 . (h) Upon the appointment of the district public defender, and/or an attorney pursuant to subsections (e) and (f), no further proceedings shall be had in the case until such counsel has had reasonably sufficient time and opportunity to prepare the case for trial. District public defenders shall be authorized access to query state and federal criminal records history information as the duties of their office may require. (i) If the court determines that the person accused or proceeded against in any criminal prosecution or other proceeding involving a possible deprivation of liberty, or the person filing a habeas corpus or other post-conviction proceeding is not an indigent person, the court shall advise such person with respect to right to counsel and afford such person a reasonable time, to be fixed by the court, and opportunity to secure counsel and shall stay further proceedings until counsel so obtained has had reasonable time and opportunity to prepare the case for trial. Acts 1989, ch. 588, § 5; 1990, ch. 751, § 3; 1991, ch. 345, §§ 3, 4; 1995, ch. 456, § 5; 1996, ch. 610, § 4; 1999, ch. 165, § 5.
(a) When any person appears without counsel before any court of this state exercising original jurisdiction (whether magistrate, general sessions, municipal, juvenile, circuit, criminal or any court empowered to deprive the person of liberty) upon a criminal prosecution or juvenile delinquency proceeding involving a possible deprivation of liberty, the court shall inquire whether such person is financially able to employ counsel. If the person claims to be without such means, the court shall examine such person and any witnesses the indigent person or the court may call and proceed to determine whether the person is indigent. The determination shall not be based alone on the person's ability to make a bail bond, but the court shall consider income, property, obligations, the number and ages of dependents and any other matters deemed pertinent.
(b) In all habeas corpus and post-conviction proceedings, the court having original jurisdiction of the matter shall determine the question of the petitioner's indigency if such is claimed.
(c) In every case arising under this section, the court's determination of indigency or nonindigency shall be reduced to writing and signed by the court and filed with the papers of the cause. If the court is one of record, the court's determination shall also be entered upon its official minutes.
(d) (1) If the court determines that the person is indigent, as defined in § 8-14-101 , and the person has not waived the right to counsel, the court shall make and sign an order appointing the district public defender, or such other appointed counsel as provided by law, to represent the person. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes. (2) If the court appoints the district public defender to represent an accused in any proceeding under this section, but finds the accused is financially able to defray a portion or all the cost to the state of representation by the public defender, then the court shall enter an order directing the party to pay into the registry of the clerk of such court such sum of money as the court determines the accused is able to pay. Such sum shall be subject to execution as any other judgment and may also be made a condition of discharge from probation. Such sum as ordered by the court shall be paid by the accused independently and separately from any fines and costs associated with the cause, and such moneys paid by the accused and collected by the clerk of the court pursuant to this section shall be collected independently and separately from any fines and costs associated with the cause and be applied directly to the sum ordered by the court to be paid under this section. The court may provide for payments to be made at intervals, which the court shall establish, and upon such terms and conditions as are fair and just. The court may also modify its order when there has been a change in the circumstances of the accused. (3) The clerk of the court shall collect all moneys paid by an accused pursuant to this section. When the accused fails to comply with the orders of the court, the clerk shall notify the court of the accused's failure to comply. The clerk shall, at the end of each month, pay to, and forward all payments received pursuant to this section to the office of the executive director of the district public defenders conference. The clerk of the court shall receive a commission of five percent (5%) of all moneys collected pursuant to the order of the court; provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, such commission shall be ten percent (10%).
(1) If the court determines that the person is indigent, as defined in § 8-14-101 , and the person has not waived the right to counsel, the court shall make and sign an order appointing the district public defender, or such other appointed counsel as provided by law, to represent the person. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes.
(2) If the court appoints the district public defender to represent an accused in any proceeding under this section, but finds the accused is financially able to defray a portion or all the cost to the state of representation by the public defender, then the court shall enter an order directing the party to pay into the registry of the clerk of such court such sum of money as the court determines the accused is able to pay. Such sum shall be subject to execution as any other judgment and may also be made a condition of discharge from probation. Such sum as ordered by the court shall be paid by the accused independently and separately from any fines and costs associated with the cause, and such moneys paid by the accused and collected by the clerk of the court pursuant to this section shall be collected independently and separately from any fines and costs associated with the cause and be applied directly to the sum ordered by the court to be paid under this section. The court may provide for payments to be made at intervals, which the court shall establish, and upon such terms and conditions as are fair and just. The court may also modify its order when there has been a change in the circumstances of the accused.
(3) The clerk of the court shall collect all moneys paid by an accused pursuant to this section. When the accused fails to comply with the orders of the court, the clerk shall notify the court of the accused's failure to comply. The clerk shall, at the end of each month, pay to, and forward all payments received pursuant to this section to the office of the executive director of the district public defenders conference. The clerk of the court shall receive a commission of five percent (5%) of all moneys collected pursuant to the order of the court; provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, such commission shall be ten percent (10%).
(e) In any case or proceeding wherein there is more than one (1) indigent person accused, one (1) such person shall be represented by the district public defender's office, and the court shall appoint an attorney to represent such other indigent persons. Such other indigent persons may also be represented by the district public defender's office; provided, that the court makes an affirmative finding prior to the appointment that no conflict of interest exists and it appears there is good cause to believe no conflict of interest is likely to arise. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes.
(f) In any case when the trial court is of the opinion that proper representation of an indigent person or persons makes it necessary to do so, the court may for that purpose appoint one (1) or more senior law students actively participating in a legal aid clinic operated by an approved law school located in the judicial district, in accordance with Tennessee Supreme Court Rule 7. The legal aid clinic shall be notified promptly of the appointment and shall be furnished a copy of the order of appointment. The original of the order shall be filed with the papers of the cause, and if the court is one of record, the order shall also be entered upon its official minutes.
(g) All attorneys and law students appointed as provided in subsections (e) and (f) shall be paid by the state pursuant to §§ 40-14-207 and 40-14-208 .
(h) Upon the appointment of the district public defender, and/or an attorney pursuant to subsections (e) and (f), no further proceedings shall be had in the case until such counsel has had reasonably sufficient time and opportunity to prepare the case for trial. District public defenders shall be authorized access to query state and federal criminal records history information as the duties of their office may require.
(i) If the court determines that the person accused or proceeded against in any criminal prosecution or other proceeding involving a possible deprivation of liberty, or the person filing a habeas corpus or other post-conviction proceeding is not an indigent person, the court shall advise such person with respect to right to counsel and afford such person a reasonable time, to be fixed by the court, and opportunity to secure counsel and shall stay further proceedings until counsel so obtained has had reasonable time and opportunity to prepare the case for trial.
Acts 1989, ch. 588, § 5; 1990, ch. 751, § 3; 1991, ch. 345, §§ 3, 4; 1995, ch. 456, § 5; 1996, ch. 610, § 4; 1999, ch. 165, § 5.
Tenn. Code Ann. § 8-8-202 — TN Code / Title 8 / Chapter 8 / Section 8-8-202
Advance fees on process from other counties
Status: in_force

No sheriff or constable shall be compelled to execute any subpoena or original summons in civil cases coming from any county other than the one in which such sheriff or constable is an officer, unless the fees allowed such sheriff or constable by law for the service of such process, if demanded, are paid in advance. However, this section does not apply to summons, executions, or other orders of a court rendered in a proceeding to collect delinquent property taxes as defined in § 67-5-2502(c)(1)(D) . Amended by 2024 Tenn. Acts, ch. 967,s 20, eff. 5/21/2024. Acts 1870-1871, ch. 74, § 1; Shan., § 6405; mod. Code 1932, § 10709; T.C.A. (orig. ed.), § 8-811.
No sheriff or constable shall be compelled to execute any subpoena or original summons in civil cases coming from any county other than the one in which such sheriff or constable is an officer, unless the fees allowed such sheriff or constable by law for the service of such process, if demanded, are paid in advance. However, this section does not apply to summons, executions, or other orders of a court rendered in a proceeding to collect delinquent property taxes as defined in § 67-5-2502(c)(1)(D) .
Amended by 2024 Tenn. Acts, ch. 967,s 20, eff. 5/21/2024.
Acts 1870-1871, ch. 74, § 1; Shan., § 6405; mod. Code 1932, § 10709; T.C.A. (orig. ed.), § 8-811.
Tenn. Code Ann. § 8-50-905 — TN Code / Title 8 / Chapter 50 / Section 8-50-905
Eligibility - Notice - Election - Withdrawal
Status: in_force

(a) All employees and teachers of all state special schools and all persons employed by state government who are entitled to accrue sick leave pursuant to part 8 of this chapter, and who have been employed by state government or any state special school for twelve (12) full months immediately preceding application for participation, and who have a sick leave balance in an amount to be determined by the board of trustees, are eligible to participate in the sick leave bank. (b) Upon the establishment of a sick leave bank and selection of the trustees therefor, the commissioner of human resources shall notify all state employees that they are eligible to participate in the sick leave bank. Following such notice, any state employee may indicate on forms prepared and approved by the trustees and distributed by the commissioner a desire to participate in the bank by submitting such forms to the office which handles records for sick leave for the state. (c) Employees and teachers of all state special schools and state employees electing to participate shall do so during the months of August, September, or October of any year. (d) By written notice to the trustees, a member may withdraw from the bank participation on any June 30. Membership withdrawal results in forfeiture of all days contributed. Acts 1988, ch. 1009, § 1; 1998, ch. 918, §§ 2, 3; 1999, ch. 537, § 2; 2007, ch. 60.
(a) All employees and teachers of all state special schools and all persons employed by state government who are entitled to accrue sick leave pursuant to part 8 of this chapter, and who have been employed by state government or any state special school for twelve (12) full months immediately preceding application for participation, and who have a sick leave balance in an amount to be determined by the board of trustees, are eligible to participate in the sick leave bank.
(b) Upon the establishment of a sick leave bank and selection of the trustees therefor, the commissioner of human resources shall notify all state employees that they are eligible to participate in the sick leave bank. Following such notice, any state employee may indicate on forms prepared and approved by the trustees and distributed by the commissioner a desire to participate in the bank by submitting such forms to the office which handles records for sick leave for the state.
(c) Employees and teachers of all state special schools and state employees electing to participate shall do so during the months of August, September, or October of any year.
(d) By written notice to the trustees, a member may withdraw from the bank participation on any June 30. Membership withdrawal results in forfeiture of all days contributed.
Acts 1988, ch. 1009, § 1; 1998, ch. 918, §§ 2, 3; 1999, ch. 537, § 2; 2007, ch. 60.
Tenn. Code Ann. § 8-47-116 — TN Code / Title 8 / Chapter 47 / Section 8-47-116
Suspension pending hearing - Filling of vacancy
Status: in_force

Upon petition or complaint being filed, praying for a writ of ouster against any of the officers herein named, and whether such action is brought by the attorney general and reporter, district attorney general, county attorney, city attorney, or by relator citizens and freeholders, the court, judge, or chancellor may, on application of the attorney general and reporter, the district attorney general for the state, the county attorney, city attorney, or relator citizens and freeholders bringing such action, suspend such officer or officers so accused from performing any of the duties of their office, pending a final hearing and determination of the matter; and, thereupon, the vacancy shall be filled as the law provides for the filling of vacancies in such office, and such person or persons so filling such vacancy shall carry on the duties of the office until such hearing shall be finally determined or until the successor of the officer so suspended shall be elected or appointed as provided by law, and shall have qualified. Acts 1915, ch. 11, § 10; Shan., § 1135a16; Code 1932, § 1892; T.C.A. (orig. ed.), § 8-2716.
Upon petition or complaint being filed, praying for a writ of ouster against any of the officers herein named, and whether such action is brought by the attorney general and reporter, district attorney general, county attorney, city attorney, or by relator citizens and freeholders, the court, judge, or chancellor may, on application of the attorney general and reporter, the district attorney general for the state, the county attorney, city attorney, or relator citizens and freeholders bringing such action, suspend such officer or officers so accused from performing any of the duties of their office, pending a final hearing and determination of the matter; and, thereupon, the vacancy shall be filled as the law provides for the filling of vacancies in such office, and such person or persons so filling such vacancy shall carry on the duties of the office until such hearing shall be finally determined or until the successor of the officer so suspended shall be elected or appointed as provided by law, and shall have qualified.
Acts 1915, ch. 11, § 10; Shan., § 1135a16; Code 1932, § 1892; T.C.A. (orig. ed.), § 8-2716.
Tenn. Code Ann. § 8-13-107 — TN Code / Title 8 / Chapter 13 / Section 8-13-107
Records kept in office - Suitable facility
Status: in_force

(a) The papers and records of the office shall at all times be and remain in the register's office or other suitable facility. (b) As used in this section, "suitable facility" means a facility that stores local government records securely against theft and natural disasters. Amended by 2019 Tenn. Acts, ch. 68,Secs.s1, s2 eff. 3/28/2019. Code 1858, § 451 (deriv. Acts 1805, ch. 1, § 1; 1853-1854, ch. 87, § 5); Shan., § 563; Code 1932, § 812; T.C.A. (orig. ed.), § 8-1307.
(a) The papers and records of the office shall at all times be and remain in the register's office or other suitable facility.
(b) As used in this section, "suitable facility" means a facility that stores local government records securely against theft and natural disasters.
Amended by 2019 Tenn. Acts, ch. 68,Secs.s1, s2 eff. 3/28/2019.
Code 1858, § 451 (deriv. Acts 1805, ch. 1, § 1; 1853-1854, ch. 87, § 5); Shan., § 563; Code 1932, § 812; T.C.A. (orig. ed.), § 8-1307.
Tenn. Code Ann. § 8-23-206 — TN Code / Title 8 / Chapter 23 / Section 8-23-206
Longevity pay
Status: in_force

(a) In addition to all compensation otherwise payable, each employee of the executive, judicial or legislative branch of state government, except those specifically excluded in subsection (d), shall be paid longevity pay on the following basis: (1) (A) (i) A full-time employee, or an employee who is eligible to accrue annual and sick leave under §§ 8-50-801 and 8-50-802 , must be employed with one (1) or more agencies, offices, departments, or other subdivisions of the executive, judicial, or legislative branch of state government thirty-six (36) months to be eligible for longevity pay. Such employment need not be in the same office for the entire period; (ii) A full-time employee of the department of education shall be eligible for the same longevity pay as other full-time employees of state government if the qualifications for the position held by such employee in the department of education requires the employee to have three (3) years experience as a professional employee in a Tennessee public school system; (B) A part-time employee may be eligible for longevity pay if such employee: (i) Is retired from state employment; (ii) While so employed full time did not receive a longevity bonus; and (iii) Is employed on a regular, but part-time basis. Such an employee shall receive longevity pay based on years of service prior to retirement, plus the total of such employee's part-time employment. If the employee has the requisite months of service to qualify for longevity pay, the employee shall receive longevity pay on the employee's service anniversary date in each year in which the employee is employed part time. Payment of any longevity pay shall not increase or decrease the amount of such employee's retirement pay; (C) Any former member of the general assembly upon becoming a full-time employee shall be an eligible employee under this section and shall be credited for each year of legislative service as twelve (12) months of employment for all time served in the general assembly when determining longevity pay; (2) Longevity pay shall be computed in accordance with the following schedule: (A) In the 1988-1989 fiscal year and subsequent fiscal years, the rate shall be one hundred dollars ($100) times the number of years of service with each twelve (12) months of service equivalent to a calendar or full year ($100 x total years of service equals longevity pay); (B) (i) It is the legislative intent that the faculty of the universities, community colleges, and technical institutes shall be granted longevity pay at the rate of one hundred dollars ($100) per year in the 1988-1989 fiscal year, and subsequent fiscal years; (ii) Faculty members who work on a ten (10) months per year contract basis shall receive one (1) year's longevity service for each such contract period worked; (iii) Faculty members who work on a ten (10) months per year contract basis and who will either continue in service for the following academic year or retire shall be paid longevity pay at the time of the final payment of compensation for services which are completed for that ten (10) month contract period; (3) (A) For employees with from thirty-six (36) months to one hundred eighty (180) months of service (three (3) to fifteen (15) years), longevity payments shall be made at the end of the month following the month in which an eligible employee's service anniversary date falls; (B) For employees with more than one hundred eighty (180) months of service, the longevity payment shall be made to each such employee on October 1 in each year, without regard to any break in active service which may have occurred prior to such payment; (C) For purposes of this section only, the longevity payment date shall be the service anniversary date as determined by the department of human resources and shall only be advanced as a result of breaks in service or periods of leave without pay for a major fraction of a month. Full-time employees who have prior part-time service consisting of at least a one thousand six hundred (1,600) hour annual schedule shall receive longevity credit for each month of such part-time service in which the employee was scheduled to work a full month and actually worked one-tenth ( 1 / 10 ) of one (1) hour more than half the schedule. Longevity benefits provided by the two (2) preceding sentences shall not be paid retroactively. The number of years of service at the Memphis Area Vocational Technical School and the number of years of service at the Knoxville Area Vocational Technical School will be used in computing number of years of service for longevity pay purposes for employees of each of those institutions; (D) For certified professional employees leaving Tennessee public schools to become employed full time as staff of the department of education, the longevity payment shall be made at the end of the month following the month in which an eligible employee's state government service anniversary date falls. Longevity payments shall be computed to include three (3) years' service experience in any Tennessee public school system; (E) A full-time employee with thirty-six (36) months of full-time service shall receive payment for prior part-time hourly service if the length of such prior part-time service is equivalent to not less than five (5) years of full-time experience. (4) Although paid annually, longevity pay shall be subject to deductions for retirement and shall be included in base compensation for purposes of determining the level or amount of benefits to be paid to an employee under that program; (5) (A) Any wildlife officer of the Tennessee wildlife resources agency who is retiring pursuant to § 8-36-205 shall, upon such retirement, receive longevity pay prorated for each month of employment since the period for which such officer last received an annual longevity payment. Such prorated payment shall be subject to deductions for retirement and shall be included in base compensation for purposes of determining the level or amount of benefits to be paid to such officer; (B) This subsection (a) applies to each wildlife officer who retires on or after June 30, 1986; (C) Any wildlife officer receiving a payment in the form of a retirement incentive pursuant to state law shall not be entitled to receive the longevity pay as provided by this subsection (a). (b) (1) Longevity payments shall be made for each year of service, beginning from the completion date of the third year of service (thirty-six (36) months); however, longevity payments for certified professional employees set forth in subdivision (a)(1)(A) and employed in a full-time position of the department of education which required three (3) years' experience as a certified professional employee in a Tennessee public school system shall begin from the completion date of the first twelve (12) months of service. (2) In the 1989-1990 fiscal year, the maximum level of benefits shall be reached at the twenty-first year of service (two hundred fifty-two (252) months); in fiscal years thereafter, the maximum level of benefits shall increase by one (1) year (twelve (12) months) each fiscal year until the 1993-1994 fiscal year and fiscal years thereafter, when the maximum level of benefits shall be reached at the twenty-fifth year of service (three hundred (300) months); provided, that subsequent to the 1989-1990 fiscal year, the increase in the maximum level of benefits is contingent upon funds being specifically allocated for that purpose in the general appropriations act. It is the legislative intention that each year that such funds are so appropriated such appropriation shall be recurring. No payment shall exceed the applicable longevity dollar amount for the year times the applicable years of service. (3) In the 2006-2007 fiscal year, and in fiscal years thereafter, the maximum level of benefits shall be reached at the thirtieth year of service (three hundred sixty (360) months). No payment shall exceed the applicable longevity dollar amount for the year times the applicable years of service. (c) The longevity pay provided by this section shall not be in place of any merit raise, step increase, incentive pay or cost-of-living raise, but shall be in addition to all such increases. Longevity pay provided in this section shall be issued by separate check or by automated clearing house (ACH) transaction to the qualified employee, unless the employee elects not to receive a separate longevity check or separate payment by ACH transaction; provided, however, that employees of the board of regents shall not be issued separate checks for longevity pay. It is declared to be the intent of the general assembly to reward those not otherwise rewarded for experience and faithful service to the state and to encourage career employees to remain in service to the state. (d) This section shall not apply to: (1) Officials popularly elected to fixed terms in office, including the governor, judges and members of the general assembly; (2) Persons receiving automatic annual raises under § 8-7-201 , or otherwise, or to such person who would have been eligible for such automatic annual raises in years when no such raise was implemented pursuant to chapter 355 of the Public Acts of 2003, and chapter 531 of the Public Acts of 2009; (3) Persons receiving separate longevity pay under § 4-7-111 ; (4) State-employed teachers in the department of education who are paid based on local teachers' pay scales which increase based on years of experience; (5) Employees of the University of Tennessee extension who hold joint appointments with the United States department of agriculture; or (6) Employees of the executive branch in the state service, as defined by § 8-30-102 , hired after June 30, 2015. (e) Effective July 1, 2002, an employee of any board, commission or agency created by the supreme court of Tennessee shall be eligible for longevity pay under the same terms and conditions that apply to state employees. Eligible employees who have prior service with any such board, commission or agency shall receive longevity credit for each year of such service; provided, that such service would otherwise be creditable for longevity purposes. Longevity benefits provided by this subsection (e) shall not be paid retroactive. The benefits shall be payable only for periods commencing after June 30, 2002, and shall be paid at the end of the month following the month in which the employee's service anniversary date falls. (f) The longevity pay required in this section for state employees shall apply to present state employees for service performed that meets all of the following criteria: (1) The service was performed while working for the health department of a home rule municipality; (2) The service performed was substantially similar to service performed by employees of the state department of health; (3) The service was performed for a municipality for which public health services were performed by the federal government before the municipality was incorporated; (4) The service was performed for the municipality because the state, during a transition period, permitted the county in which the municipality was located to omit the municipality from the area where state-funded health services were provided, which in effect required the municipality to bear these costs; and (5) The service was performed in years immediately prior to the employee becoming a state employee engaged in public health-related work. (g) The departments of human resources and finance and administration may formulate rules which shall govern the longevity pay authorized in this section. Amended by 2015 Tenn. Acts, ch. 364, s 1, eff. 7/1/2015. Acts 1979, ch. 434, § 1; T.C.A., § 8-2315; Acts 1980, ch. 889, §§ 1, 2; 1981, ch. 51, §§ 1, 2; 1981, ch. 429, § 3; 1982, ch. 875, §§ 1-3, 5; 1984, ch. 875, § 1; 1985, ch. 448, §§ 1-4; 1986, ch. 639, § 1; 1986, ch. 757, § 1; 1986, ch. 864, § 1; 1987, ch. 50, §§ 1, 2; 1987, ch. 380, § 1; 1988, ch. 468, § 1; 1988, ch. 536, § 1; 1989, ch. 540, §§ 1, 2; 1990, ch. 864, § 1; 1990, ch. 1003, § 1; 1993, ch. 504, §§ 1-3, 6; 1994, ch. 711, § 1; 1995, ch. 45, § 1; 1995, ch. 305, § 90; 2002, ch. 863, § 17; 2003 , ch. 355, § 9; 2004, ch. 517, § 1; 2006, ch. 982, § 4; 2009 , ch. 531, § 27; 2009 , ch. 587, § 1; 2010 , ch. 772, § 1; 2011 , ch. 405, § 1; 2012, ch. 1054, § 2.
(a) In addition to all compensation otherwise payable, each employee of the executive, judicial or legislative branch of state government, except those specifically excluded in subsection (d), shall be paid longevity pay on the following basis: (1) (A) (i) A full-time employee, or an employee who is eligible to accrue annual and sick leave under §§ 8-50-801 and 8-50-802 , must be employed with one (1) or more agencies, offices, departments, or other subdivisions of the executive, judicial, or legislative branch of state government thirty-six (36) months to be eligible for longevity pay. Such employment need not be in the same office for the entire period; (ii) A full-time employee of the department of education shall be eligible for the same longevity pay as other full-time employees of state government if the qualifications for the position held by such employee in the department of education requires the employee to have three (3) years experience as a professional employee in a Tennessee public school system; (B) A part-time employee may be eligible for longevity pay if such employee: (i) Is retired from state employment; (ii) While so employed full time did not receive a longevity bonus; and (iii) Is employed on a regular, but part-time basis. Such an employee shall receive longevity pay based on years of service prior to retirement, plus the total of such employee's part-time employment. If the employee has the requisite months of service to qualify for longevity pay, the employee shall receive longevity pay on the employee's service anniversary date in each year in which the employee is employed part time. Payment of any longevity pay shall not increase or decrease the amount of such employee's retirement pay; (C) Any former member of the general assembly upon becoming a full-time employee shall be an eligible employee under this section and shall be credited for each year of legislative service as twelve (12) months of employment for all time served in the general assembly when determining longevity pay; (2) Longevity pay shall be computed in accordance with the following schedule: (A) In the 1988-1989 fiscal year and subsequent fiscal years, the rate shall be one hundred dollars ($100) times the number of years of service with each twelve (12) months of service equivalent to a calendar or full year ($100 x total years of service equals longevity pay); (B) (i) It is the legislative intent that the faculty of the universities, community colleges, and technical institutes shall be granted longevity pay at the rate of one hundred dollars ($100) per year in the 1988-1989 fiscal year, and subsequent fiscal years; (ii) Faculty members who work on a ten (10) months per year contract basis shall receive one (1) year's longevity service for each such contract period worked; (iii) Faculty members who work on a ten (10) months per year contract basis and who will either continue in service for the following academic year or retire shall be paid longevity pay at the time of the final payment of compensation for services which are completed for that ten (10) month contract period; (3) (A) For employees with from thirty-six (36) months to one hundred eighty (180) months of service (three (3) to fifteen (15) years), longevity payments shall be made at the end of the month following the month in which an eligible employee's service anniversary date falls; (B) For employees with more than one hundred eighty (180) months of service, the longevity payment shall be made to each such employee on October 1 in each year, without regard to any break in active service which may have occurred prior to such payment; (C) For purposes of this section only, the longevity payment date shall be the service anniversary date as determined by the department of human resources and shall only be advanced as a result of breaks in service or periods of leave without pay for a major fraction of a month. Full-time employees who have prior part-time service consisting of at least a one thousand six hundred (1,600) hour annual schedule shall receive longevity credit for each month of such part-time service in which the employee was scheduled to work a full month and actually worked one-tenth ( 1 / 10 ) of one (1) hour more than half the schedule. Longevity benefits provided by the two (2) preceding sentences shall not be paid retroactively. The number of years of service at the Memphis Area Vocational Technical School and the number of years of service at the Knoxville Area Vocational Technical School will be used in computing number of years of service for longevity pay purposes for employees of each of those institutions; (D) For certified professional employees leaving Tennessee public schools to become employed full time as staff of the department of education, the longevity payment shall be made at the end of the month following the month in which an eligible employee's state government service anniversary date falls. Longevity payments shall be computed to include three (3) years' service experience in any Tennessee public school system; (E) A full-time employee with thirty-six (36) months of full-time service shall receive payment for prior part-time hourly service if the length of such prior part-time service is equivalent to not less than five (5) years of full-time experience. (4) Although paid annually, longevity pay shall be subject to deductions for retirement and shall be included in base compensation for purposes of determining the level or amount of benefits to be paid to an employee under that program; (5) (A) Any wildlife officer of the Tennessee wildlife resources agency who is retiring pursuant to § 8-36-205 shall, upon such retirement, receive longevity pay prorated for each month of employment since the period for which such officer last received an annual longevity payment. Such prorated payment shall be subject to deductions for retirement and shall be included in base compensation for purposes of determining the level or amount of benefits to be paid to such officer; (B) This subsection (a) applies to each wildlife officer who retires on or after June 30, 1986; (C) Any wildlife officer receiving a payment in the form of a retirement incentive pursuant to state law shall not be entitled to receive the longevity pay as provided by this subsection (a).
(1) (A) (i) A full-time employee, or an employee who is eligible to accrue annual and sick leave under §§ 8-50-801 and 8-50-802 , must be employed with one (1) or more agencies, offices, departments, or other subdivisions of the executive, judicial, or legislative branch of state government thirty-six (36) months to be eligible for longevity pay. Such employment need not be in the same office for the entire period; (ii) A full-time employee of the department of education shall be eligible for the same longevity pay as other full-time employees of state government if the qualifications for the position held by such employee in the department of education requires the employee to have three (3) years experience as a professional employee in a Tennessee public school system; (B) A part-time employee may be eligible for longevity pay if such employee: (i) Is retired from state employment; (ii) While so employed full time did not receive a longevity bonus; and (iii) Is employed on a regular, but part-time basis. Such an employee shall receive longevity pay based on years of service prior to retirement, plus the total of such employee's part-time employment. If the employee has the requisite months of service to qualify for longevity pay, the employee shall receive longevity pay on the employee's service anniversary date in each year in which the employee is employed part time. Payment of any longevity pay shall not increase or decrease the amount of such employee's retirement pay; (C) Any former member of the general assembly upon becoming a full-time employee shall be an eligible employee under this section and shall be credited for each year of legislative service as twelve (12) months of employment for all time served in the general assembly when determining longevity pay;
(A) (i) A full-time employee, or an employee who is eligible to accrue annual and sick leave under §§ 8-50-801 and 8-50-802 , must be employed with one (1) or more agencies, offices, departments, or other subdivisions of the executive, judicial, or legislative branch of state government thirty-six (36) months to be eligible for longevity pay. Such employment need not be in the same office for the entire period; (ii) A full-time employee of the department of education shall be eligible for the same longevity pay as other full-time employees of state government if the qualifications for the position held by such employee in the department of education requires the employee to have three (3) years experience as a professional employee in a Tennessee public school system;
(i) A full-time employee, or an employee who is eligible to accrue annual and sick leave under §§ 8-50-801 and 8-50-802 , must be employed with one (1) or more agencies, offices, departments, or other subdivisions of the executive, judicial, or legislative branch of state government thirty-six (36) months to be eligible for longevity pay. Such employment need not be in the same office for the entire period;
(ii) A full-time employee of the department of education shall be eligible for the same longevity pay as other full-time employees of state government if the qualifications for the position held by such employee in the department of education requires the employee to have three (3) years experience as a professional employee in a Tennessee public school system;
(B) A part-time employee may be eligible for longevity pay if such employee: (i) Is retired from state employment; (ii) While so employed full time did not receive a longevity bonus; and (iii) Is employed on a regular, but part-time basis. Such an employee shall receive longevity pay based on years of service prior to retirement, plus the total of such employee's part-time employment. If the employee has the requisite months of service to qualify for longevity pay, the employee shall receive longevity pay on the employee's service anniversary date in each year in which the employee is employed part time. Payment of any longevity pay shall not increase or decrease the amount of such employee's retirement pay;
(i) Is retired from state employment;
(ii) While so employed full time did not receive a longevity bonus; and
(iii) Is employed on a regular, but part-time basis. Such an employee shall receive longevity pay based on years of service prior to retirement, plus the total of such employee's part-time employment. If the employee has the requisite months of service to qualify for longevity pay, the employee shall receive longevity pay on the employee's service anniversary date in each year in which the employee is employed part time. Payment of any longevity pay shall not increase or decrease the amount of such employee's retirement pay;
(C) Any former member of the general assembly upon becoming a full-time employee shall be an eligible employee under this section and shall be credited for each year of legislative service as twelve (12) months of employment for all time served in the general assembly when determining longevity pay;
(2) Longevity pay shall be computed in accordance with the following schedule: (A) In the 1988-1989 fiscal year and subsequent fiscal years, the rate shall be one hundred dollars ($100) times the number of years of service with each twelve (12) months of service equivalent to a calendar or full year ($100 x total years of service equals longevity pay); (B) (i) It is the legislative intent that the faculty of the universities, community colleges, and technical institutes shall be granted longevity pay at the rate of one hundred dollars ($100) per year in the 1988-1989 fiscal year, and subsequent fiscal years; (ii) Faculty members who work on a ten (10) months per year contract basis shall receive one (1) year's longevity service for each such contract period worked; (iii) Faculty members who work on a ten (10) months per year contract basis and who will either continue in service for the following academic year or retire shall be paid longevity pay at the time of the final payment of compensation for services which are completed for that ten (10) month contract period;
(A) In the 1988-1989 fiscal year and subsequent fiscal years, the rate shall be one hundred dollars ($100) times the number of years of service with each twelve (12) months of service equivalent to a calendar or full year ($100 x total years of service equals longevity pay);
(B) (i) It is the legislative intent that the faculty of the universities, community colleges, and technical institutes shall be granted longevity pay at the rate of one hundred dollars ($100) per year in the 1988-1989 fiscal year, and subsequent fiscal years; (ii) Faculty members who work on a ten (10) months per year contract basis shall receive one (1) year's longevity service for each such contract period worked; (iii) Faculty members who work on a ten (10) months per year contract basis and who will either continue in service for the following academic year or retire shall be paid longevity pay at the time of the final payment of compensation for services which are completed for that ten (10) month contract period;
(i) It is the legislative intent that the faculty of the universities, community colleges, and technical institutes shall be granted longevity pay at the rate of one hundred dollars ($100) per year in the 1988-1989 fiscal year, and subsequent fiscal years;
(ii) Faculty members who work on a ten (10) months per year contract basis shall receive one (1) year's longevity service for each such contract period worked;
(iii) Faculty members who work on a ten (10) months per year contract basis and who will either continue in service for the following academic year or retire shall be paid longevity pay at the time of the final payment of compensation for services which are completed for that ten (10) month contract period;
(3) (A) For employees with from thirty-six (36) months to one hundred eighty (180) months of service (three (3) to fifteen (15) years), longevity payments shall be made at the end of the month following the month in which an eligible employee's service anniversary date falls; (B) For employees with more than one hundred eighty (180) months of service, the longevity payment shall be made to each such employee on October 1 in each year, without regard to any break in active service which may have occurred prior to such payment; (C) For purposes of this section only, the longevity payment date shall be the service anniversary date as determined by the department of human resources and shall only be advanced as a result of breaks in service or periods of leave without pay for a major fraction of a month. Full-time employees who have prior part-time service consisting of at least a one thousand six hundred (1,600) hour annual schedule shall receive longevity credit for each month of such part-time service in which the employee was scheduled to work a full month and actually worked one-tenth ( 1 / 10 ) of one (1) hour more than half the schedule. Longevity benefits provided by the two (2) preceding sentences shall not be paid retroactively. The number of years of service at the Memphis Area Vocational Technical School and the number of years of service at the Knoxville Area Vocational Technical School will be used in computing number of years of service for longevity pay purposes for employees of each of those institutions; (D) For certified professional employees leaving Tennessee public schools to become employed full time as staff of the department of education, the longevity payment shall be made at the end of the month following the month in which an eligible employee's state government service anniversary date falls. Longevity payments shall be computed to include three (3) years' service experience in any Tennessee public school system; (E) A full-time employee with thirty-six (36) months of full-time service shall receive payment for prior part-time hourly service if the length of such prior part-time service is equivalent to not less than five (5) years of full-time experience.
(A) For employees with from thirty-six (36) months to one hundred eighty (180) months of service (three (3) to fifteen (15) years), longevity payments shall be made at the end of the month following the month in which an eligible employee's service anniversary date falls;
(B) For employees with more than one hundred eighty (180) months of service, the longevity payment shall be made to each such employee on October 1 in each year, without regard to any break in active service which may have occurred prior to such payment;
(C) For purposes of this section only, the longevity payment date shall be the service anniversary date as determined by the department of human resources and shall only be advanced as a result of breaks in service or periods of leave without pay for a major fraction of a month. Full-time employees who have prior part-time service consisting of at least a one thousand six hundred (1,600) hour annual schedule shall receive longevity credit for each month of such part-time service in which the employee was scheduled to work a full month and actually worked one-tenth ( 1 / 10 ) of one (1) hour more than half the schedule. Longevity benefits provided by the two (2) preceding sentences shall not be paid retroactively. The number of years of service at the Memphis Area Vocational Technical School and the number of years of service at the Knoxville Area Vocational Technical School will be used in computing number of years of service for longevity pay purposes for employees of each of those institutions;
(D) For certified professional employees leaving Tennessee public schools to become employed full time as staff of the department of education, the longevity payment shall be made at the end of the month following the month in which an eligible employee's state government service anniversary date falls. Longevity payments shall be computed to include three (3) years' service experience in any Tennessee public school system;
(E) A full-time employee with thirty-six (36) months of full-time service shall receive payment for prior part-time hourly service if the length of such prior part-time service is equivalent to not less than five (5) years of full-time experience.
(4) Although paid annually, longevity pay shall be subject to deductions for retirement and shall be included in base compensation for purposes of determining the level or amount of benefits to be paid to an employee under that program;
(5) (A) Any wildlife officer of the Tennessee wildlife resources agency who is retiring pursuant to § 8-36-205 shall, upon such retirement, receive longevity pay prorated for each month of employment since the period for which such officer last received an annual longevity payment. Such prorated payment shall be subject to deductions for retirement and shall be included in base compensation for purposes of determining the level or amount of benefits to be paid to such officer; (B) This subsection (a) applies to each wildlife officer who retires on or after June 30, 1986; (C) Any wildlife officer receiving a payment in the form of a retirement incentive pursuant to state law shall not be entitled to receive the longevity pay as provided by this subsection (a).
(A) Any wildlife officer of the Tennessee wildlife resources agency who is retiring pursuant to § 8-36-205 shall, upon such retirement, receive longevity pay prorated for each month of employment since the period for which such officer last received an annual longevity payment. Such prorated payment shall be subject to deductions for retirement and shall be included in base compensation for purposes of determining the level or amount of benefits to be paid to such officer;
(B) This subsection (a) applies to each wildlife officer who retires on or after June 30, 1986;
(C) Any wildlife officer receiving a payment in the form of a retirement incentive pursuant to state law shall not be entitled to receive the longevity pay as provided by this subsection (a).
(b) (1) Longevity payments shall be made for each year of service, beginning from the completion date of the third year of service (thirty-six (36) months); however, longevity payments for certified professional employees set forth in subdivision (a)(1)(A) and employed in a full-time position of the department of education which required three (3) years' experience as a certified professional employee in a Tennessee public school system shall begin from the completion date of the first twelve (12) months of service. (2) In the 1989-1990 fiscal year, the maximum level of benefits shall be reached at the twenty-first year of service (two hundred fifty-two (252) months); in fiscal years thereafter, the maximum level of benefits shall increase by one (1) year (twelve (12) months) each fiscal year until the 1993-1994 fiscal year and fiscal years thereafter, when the maximum level of benefits shall be reached at the twenty-fifth year of service (three hundred (300) months); provided, that subsequent to the 1989-1990 fiscal year, the increase in the maximum level of benefits is contingent upon funds being specifically allocated for that purpose in the general appropriations act. It is the legislative intention that each year that such funds are so appropriated such appropriation shall be recurring. No payment shall exceed the applicable longevity dollar amount for the year times the applicable years of service. (3) In the 2006-2007 fiscal year, and in fiscal years thereafter, the maximum level of benefits shall be reached at the thirtieth year of service (three hundred sixty (360) months). No payment shall exceed the applicable longevity dollar amount for the year times the applicable years of service.
(1) Longevity payments shall be made for each year of service, beginning from the completion date of the third year of service (thirty-six (36) months); however, longevity payments for certified professional employees set forth in subdivision (a)(1)(A) and employed in a full-time position of the department of education which required three (3) years' experience as a certified professional employee in a Tennessee public school system shall begin from the completion date of the first twelve (12) months of service.
(2) In the 1989-1990 fiscal year, the maximum level of benefits shall be reached at the twenty-first year of service (two hundred fifty-two (252) months); in fiscal years thereafter, the maximum level of benefits shall increase by one (1) year (twelve (12) months) each fiscal year until the 1993-1994 fiscal year and fiscal years thereafter, when the maximum level of benefits shall be reached at the twenty-fifth year of service (three hundred (300) months); provided, that subsequent to the 1989-1990 fiscal year, the increase in the maximum level of benefits is contingent upon funds being specifically allocated for that purpose in the general appropriations act. It is the legislative intention that each year that such funds are so appropriated such appropriation shall be recurring. No payment shall exceed the applicable longevity dollar amount for the year times the applicable years of service.
(3) In the 2006-2007 fiscal year, and in fiscal years thereafter, the maximum level of benefits shall be reached at the thirtieth year of service (three hundred sixty (360) months). No payment shall exceed the applicable longevity dollar amount for the year times the applicable years of service.
(c) The longevity pay provided by this section shall not be in place of any merit raise, step increase, incentive pay or cost-of-living raise, but shall be in addition to all such increases. Longevity pay provided in this section shall be issued by separate check or by automated clearing house (ACH) transaction to the qualified employee, unless the employee elects not to receive a separate longevity check or separate payment by ACH transaction; provided, however, that employees of the board of regents shall not be issued separate checks for longevity pay. It is declared to be the intent of the general assembly to reward those not otherwise rewarded for experience and faithful service to the state and to encourage career employees to remain in service to the state.
(d) This section shall not apply to: (1) Officials popularly elected to fixed terms in office, including the governor, judges and members of the general assembly; (2) Persons receiving automatic annual raises under § 8-7-201 , or otherwise, or to such person who would have been eligible for such automatic annual raises in years when no such raise was implemented pursuant to chapter 355 of the Public Acts of 2003, and chapter 531 of the Public Acts of 2009; (3) Persons receiving separate longevity pay under § 4-7-111 ; (4) State-employed teachers in the department of education who are paid based on local teachers' pay scales which increase based on years of experience; (5) Employees of the University of Tennessee extension who hold joint appointments with the United States department of agriculture; or (6) Employees of the executive branch in the state service, as defined by § 8-30-102 , hired after June 30, 2015.
(1) Officials popularly elected to fixed terms in office, including the governor, judges and members of the general assembly;
(2) Persons receiving automatic annual raises under § 8-7-201 , or otherwise, or to such person who would have been eligible for such automatic annual raises in years when no such raise was implemented pursuant to chapter 355 of the Public Acts of 2003, and chapter 531 of the Public Acts of 2009;
(3) Persons receiving separate longevity pay under § 4-7-111 ;
(4) State-employed teachers in the department of education who are paid based on local teachers' pay scales which increase based on years of experience;
(5) Employees of the University of Tennessee extension who hold joint appointments with the United States department of agriculture; or
(6) Employees of the executive branch in the state service, as defined by § 8-30-102 , hired after June 30, 2015.
(e) Effective July 1, 2002, an employee of any board, commission or agency created by the supreme court of Tennessee shall be eligible for longevity pay under the same terms and conditions that apply to state employees. Eligible employees who have prior service with any such board, commission or agency shall receive longevity credit for each year of such service; provided, that such service would otherwise be creditable for longevity purposes. Longevity benefits provided by this subsection (e) shall not be paid retroactive. The benefits shall be payable only for periods commencing after June 30, 2002, and shall be paid at the end of the month following the month in which the employee's service anniversary date falls.
(f) The longevity pay required in this section for state employees shall apply to present state employees for service performed that meets all of the following criteria: (1) The service was performed while working for the health department of a home rule municipality; (2) The service performed was substantially similar to service performed by employees of the state department of health; (3) The service was performed for a municipality for which public health services were performed by the federal government before the municipality was incorporated; (4) The service was performed for the municipality because the state, during a transition period, permitted the county in which the municipality was located to omit the municipality from the area where state-funded health services were provided, which in effect required the municipality to bear these costs; and (5) The service was performed in years immediately prior to the employee becoming a state employee engaged in public health-related work.
(1) The service was performed while working for the health department of a home rule municipality;
(2) The service performed was substantially similar to service performed by employees of the state department of health;
(3) The service was performed for a municipality for which public health services were performed by the federal government before the municipality was incorporated;
(4) The service was performed for the municipality because the state, during a transition period, permitted the county in which the municipality was located to omit the municipality from the area where state-funded health services were provided, which in effect required the municipality to bear these costs; and
(5) The service was performed in years immediately prior to the employee becoming a state employee engaged in public health-related work.
(g) The departments of human resources and finance and administration may formulate rules which shall govern the longevity pay authorized in this section.
Amended by 2015 Tenn. Acts, ch. 364, s 1, eff. 7/1/2015.
Acts 1979, ch. 434, § 1; T.C.A., § 8-2315; Acts 1980, ch. 889, §§ 1, 2; 1981, ch. 51, §§ 1, 2; 1981, ch. 429, § 3; 1982, ch. 875, §§ 1-3, 5; 1984, ch. 875, § 1; 1985, ch. 448, §§ 1-4; 1986, ch. 639, § 1; 1986, ch. 757, § 1; 1986, ch. 864, § 1; 1987, ch. 50, §§ 1, 2; 1987, ch. 380, § 1; 1988, ch. 468, § 1; 1988, ch. 536, § 1; 1989, ch. 540, §§ 1, 2; 1990, ch. 864, § 1; 1990, ch. 1003, § 1; 1993, ch. 504, §§ 1-3, 6; 1994, ch. 711, § 1; 1995, ch. 45, § 1; 1995, ch. 305, § 90; 2002, ch. 863, § 17; 2003 , ch. 355, § 9; 2004, ch. 517, § 1; 2006, ch. 982, § 4; 2009 , ch. 531, § 27; 2009 , ch. 587, § 1; 2010 , ch. 772, § 1; 2011 , ch. 405, § 1; 2012, ch. 1054, § 2.
Tenn. Code Ann. § 8-34-603 — TN Code / Title 8 / Chapter 34 / Section 8-34-603
Computation of creditable service - Credit for purchased service
Status: in_force

(a) (1) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of such member's membership service, plus any prior service creditable to such member pursuant to §§ 8-34-602 and 8-36-103 . The board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, but in no case shall more than one (1) year of service be creditable for all service in one (1) calendar year, nor shall the board allow credit as service for any period of more than one (1) month's duration during which the member was absent without pay, except as hereinafter provided. (2) Service credit for part-time employment shall be determined on a monthly basis in direct proportion to the full-time schedule of a regular employee as certified by the employer. In cases of doubt as to the computation of creditable service, the board of trustees shall determine the appropriate amount of service credit. (3) (A) Service as purchased in accordance with § 8-37-214 shall be credited as follows: (i) Any member in Group 1 establishing any service in the retirement system on or after July 1, 1976, shall receive credit for this service in Group 1 only; (ii) Any member in Group 2 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 2 shall receive credit in Group 2; (iii) Any member in Group 3 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 3 shall receive credit in Group 3; (iv) Any member of a superseded system establishing service which was rendered in a capacity covered by the applicable system shall receive credit in accordance with the superseded system; (v) Any state judge establishing service in Group 4 on or after September 1, 1990, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4; and (vi) Any attorney general and reporter establishing service in Group 4 on or after July 1, 2005, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4. (B) Except as provided in subdivisions (a)(3)(A)(ii)-(vi), any other service shall be credited in Group 1 only. (4) (A) In arriving at the cost to purchase previous service, the required payment shall be the lesser of: (i) The amount calculated as a redeposit; or (ii) The amount calculated as a back payment. (B) In calculating the back payment, the member shall only be required to make the applicable contribution rate in relationship to the benefit such member will receive for the purchased service, plus interest at the rate provided for in § 8-37-214 . (C) Any state or teaching service rendered prior to July 1, 1945, shall be credited without charge to the member. (5) Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, when computing benefits, creditable service shall be the sum total of all full years and all fractional parts of years of service rounded off to the nearest full month of creditable service. In no event shall any rounding result in any member gaining or losing more than one-half (½) month of creditable service. (b) Teachers and Employees Paid on Less than Twelve-Month Basis. (1) Any member who is a teacher who renders a year of service but who is paid other than on a twelve-month basis is nevertheless to receive credit equivalent to a full year of service. (2) Any member who is employed by the county board of education, the city board of education, the state board of education or the board of other educational institutions and agencies supported by and under the control of the state, and who renders a school year of service but who is paid other than on a twelve-month basis is nevertheless to receive credit equivalent to a full year of service. (3) Any membership service and prior service for such member shall be adjusted to provide creditable service equivalent to a full year of service for each year in which the member rendered such service. (4) Any funds needed to meet the costs of the benefits provided herein shall be paid by the employer. Acts 1972, ch. 714, § 4; 1973, ch. 381, §§ 1, 2; 1975, ch. 315, § 14; 1977, ch. 400, § 3; T.C.A., § 8-3904; Acts 1980, ch. 654, § 11; 1984, ch. 797, § 5; 1986, ch. 554, §§ 5, 7; 2005, ch. 498, §§ 1, 2.
(a) (1) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of such member's membership service, plus any prior service creditable to such member pursuant to §§ 8-34-602 and 8-36-103 . The board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, but in no case shall more than one (1) year of service be creditable for all service in one (1) calendar year, nor shall the board allow credit as service for any period of more than one (1) month's duration during which the member was absent without pay, except as hereinafter provided. (2) Service credit for part-time employment shall be determined on a monthly basis in direct proportion to the full-time schedule of a regular employee as certified by the employer. In cases of doubt as to the computation of creditable service, the board of trustees shall determine the appropriate amount of service credit. (3) (A) Service as purchased in accordance with § 8-37-214 shall be credited as follows: (i) Any member in Group 1 establishing any service in the retirement system on or after July 1, 1976, shall receive credit for this service in Group 1 only; (ii) Any member in Group 2 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 2 shall receive credit in Group 2; (iii) Any member in Group 3 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 3 shall receive credit in Group 3; (iv) Any member of a superseded system establishing service which was rendered in a capacity covered by the applicable system shall receive credit in accordance with the superseded system; (v) Any state judge establishing service in Group 4 on or after September 1, 1990, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4; and (vi) Any attorney general and reporter establishing service in Group 4 on or after July 1, 2005, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4. (B) Except as provided in subdivisions (a)(3)(A)(ii)-(vi), any other service shall be credited in Group 1 only. (4) (A) In arriving at the cost to purchase previous service, the required payment shall be the lesser of: (i) The amount calculated as a redeposit; or (ii) The amount calculated as a back payment. (B) In calculating the back payment, the member shall only be required to make the applicable contribution rate in relationship to the benefit such member will receive for the purchased service, plus interest at the rate provided for in § 8-37-214 . (C) Any state or teaching service rendered prior to July 1, 1945, shall be credited without charge to the member. (5) Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, when computing benefits, creditable service shall be the sum total of all full years and all fractional parts of years of service rounded off to the nearest full month of creditable service. In no event shall any rounding result in any member gaining or losing more than one-half (½) month of creditable service.
(1) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of such member's membership service, plus any prior service creditable to such member pursuant to §§ 8-34-602 and 8-36-103 . The board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, but in no case shall more than one (1) year of service be creditable for all service in one (1) calendar year, nor shall the board allow credit as service for any period of more than one (1) month's duration during which the member was absent without pay, except as hereinafter provided.
(2) Service credit for part-time employment shall be determined on a monthly basis in direct proportion to the full-time schedule of a regular employee as certified by the employer. In cases of doubt as to the computation of creditable service, the board of trustees shall determine the appropriate amount of service credit.
(3) (A) Service as purchased in accordance with § 8-37-214 shall be credited as follows: (i) Any member in Group 1 establishing any service in the retirement system on or after July 1, 1976, shall receive credit for this service in Group 1 only; (ii) Any member in Group 2 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 2 shall receive credit in Group 2; (iii) Any member in Group 3 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 3 shall receive credit in Group 3; (iv) Any member of a superseded system establishing service which was rendered in a capacity covered by the applicable system shall receive credit in accordance with the superseded system; (v) Any state judge establishing service in Group 4 on or after September 1, 1990, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4; and (vi) Any attorney general and reporter establishing service in Group 4 on or after July 1, 2005, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4. (B) Except as provided in subdivisions (a)(3)(A)(ii)-(vi), any other service shall be credited in Group 1 only.
(A) Service as purchased in accordance with § 8-37-214 shall be credited as follows: (i) Any member in Group 1 establishing any service in the retirement system on or after July 1, 1976, shall receive credit for this service in Group 1 only; (ii) Any member in Group 2 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 2 shall receive credit in Group 2; (iii) Any member in Group 3 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 3 shall receive credit in Group 3; (iv) Any member of a superseded system establishing service which was rendered in a capacity covered by the applicable system shall receive credit in accordance with the superseded system; (v) Any state judge establishing service in Group 4 on or after September 1, 1990, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4; and (vi) Any attorney general and reporter establishing service in Group 4 on or after July 1, 2005, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4.
(i) Any member in Group 1 establishing any service in the retirement system on or after July 1, 1976, shall receive credit for this service in Group 1 only;
(ii) Any member in Group 2 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 2 shall receive credit in Group 2;
(iii) Any member in Group 3 establishing service on or after July 1, 1976, which was rendered in a capacity covered by Group 3 shall receive credit in Group 3;
(iv) Any member of a superseded system establishing service which was rendered in a capacity covered by the applicable system shall receive credit in accordance with the superseded system;
(v) Any state judge establishing service in Group 4 on or after September 1, 1990, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4; and
(vi) Any attorney general and reporter establishing service in Group 4 on or after July 1, 2005, that was rendered in a capacity covered by Group 4, shall receive credit in Group 4.
(B) Except as provided in subdivisions (a)(3)(A)(ii)-(vi), any other service shall be credited in Group 1 only.
(4) (A) In arriving at the cost to purchase previous service, the required payment shall be the lesser of: (i) The amount calculated as a redeposit; or (ii) The amount calculated as a back payment. (B) In calculating the back payment, the member shall only be required to make the applicable contribution rate in relationship to the benefit such member will receive for the purchased service, plus interest at the rate provided for in § 8-37-214 . (C) Any state or teaching service rendered prior to July 1, 1945, shall be credited without charge to the member.
(A) In arriving at the cost to purchase previous service, the required payment shall be the lesser of: (i) The amount calculated as a redeposit; or (ii) The amount calculated as a back payment.
(i) The amount calculated as a redeposit; or
(ii) The amount calculated as a back payment.
(B) In calculating the back payment, the member shall only be required to make the applicable contribution rate in relationship to the benefit such member will receive for the purchased service, plus interest at the rate provided for in § 8-37-214 .
(C) Any state or teaching service rendered prior to July 1, 1945, shall be credited without charge to the member.
(5) Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, when computing benefits, creditable service shall be the sum total of all full years and all fractional parts of years of service rounded off to the nearest full month of creditable service. In no event shall any rounding result in any member gaining or losing more than one-half (½) month of creditable service.
(b) Teachers and Employees Paid on Less than Twelve-Month Basis. (1) Any member who is a teacher who renders a year of service but who is paid other than on a twelve-month basis is nevertheless to receive credit equivalent to a full year of service. (2) Any member who is employed by the county board of education, the city board of education, the state board of education or the board of other educational institutions and agencies supported by and under the control of the state, and who renders a school year of service but who is paid other than on a twelve-month basis is nevertheless to receive credit equivalent to a full year of service. (3) Any membership service and prior service for such member shall be adjusted to provide creditable service equivalent to a full year of service for each year in which the member rendered such service. (4) Any funds needed to meet the costs of the benefits provided herein shall be paid by the employer.
(1) Any member who is a teacher who renders a year of service but who is paid other than on a twelve-month basis is nevertheless to receive credit equivalent to a full year of service.
(2) Any member who is employed by the county board of education, the city board of education, the state board of education or the board of other educational institutions and agencies supported by and under the control of the state, and who renders a school year of service but who is paid other than on a twelve-month basis is nevertheless to receive credit equivalent to a full year of service.
(3) Any membership service and prior service for such member shall be adjusted to provide creditable service equivalent to a full year of service for each year in which the member rendered such service.
(4) Any funds needed to meet the costs of the benefits provided herein shall be paid by the employer.
Acts 1972, ch. 714, § 4; 1973, ch. 381, §§ 1, 2; 1975, ch. 315, § 14; 1977, ch. 400, § 3; T.C.A., § 8-3904; Acts 1980, ch. 654, § 11; 1984, ch. 797, § 5; 1986, ch. 554, §§ 5, 7; 2005, ch. 498, §§ 1, 2.
Tenn. Code Ann. § 8-27-305 — TN Code / Title 8 / Chapter 27 / Section 8-27-305
Health benefit for retired local education employees - Eligibility criteria - Schedule of premiums - Disabled retirees - Applicability - Implementation of defined contribution plan or related investment vehicle
Status: in_force

(a) The local education insurance committee may establish basic health plans and voluntary benefits, as the local education committee deems necessary and reasonable, for retired local education employees. The benefits may be made available to all eligible retired local education employees; provided, that an eligible retired local education employee who is vested in the Tennessee consolidated retirement system must be drawing retirement benefits through that system to be able to also participate in the health benefits authorized by this section. (b) The local education insurance committee is authorized to establish the eligibility criteria for the benefits authorized in subsection (a) and the administrative requirements for the collection of premiums. (c) (1) The local education insurance committee is authorized to establish a schedule of premiums or a schedule of defined contributions subject to funding by the general assembly for retirees eligible for the health benefits established under this part. The schedule of defined contributions shall be graduated to reflect the retiree's length of service. Retirees with thirty (30) or more years of service will receive forty-five percent (45%) of the scheduled premium or defined contribution. Retirees with twenty (20) years of service, but less than thirty (30) years of service, will receive thirty-five percent (35%) of the scheduled premium or defined contribution. Retirees having less than twenty (20) years of service will receive twenty-five percent (25%) of the scheduled premium or defined contribution. (2) "Years of service," as used in this subsection (c), means only those years of service rendered by the retiree as a teacher, as defined in § 8-34-101 , or as a state employee, as defined in § 8-27-204(a)(1) , and upon which the retiree's monthly retirement allowance is based. (3) To the extent that premiums are assessed and retirees pay less than the total monthly premium, and to the extent that the benefit payments exceed the anticipated premium for eligible retirees who were not retired during the prior calendar year, that expense shall be reimbursed by the state through a direct appropriation to the local education group insurance plan. (d) Any retired local education employee who is participating in the health benefit authorized by this section and who is in receipt of a disability retirement allowance pursuant to chapter 36, part 5 of this title, shall not be required to discontinue coverage in the basic health plan authorized by § 8-27-302(a)(1) upon eligibility for Part A of Medicare and may continue in the plan as a retired employee to the point at which Medicare eligibility would have been attained had the disability not occurred; provided, that the retired employee remains eligible for the disability retirement allowance and that Part B of Medicare is retained. The insurance premium shall be the same as that charged to nondisability retirees who are not yet eligible for Medicare. Any retired local education teacher who is granted a service retirement under chapter 36 of this title shall also qualify for a continuation of insurance coverage if the teacher meets the conditions set forth in this subsection (d) and the eligibility criteria established by the local education insurance committee. (e) The retiree coverage authorized under this section shall not be available to any retiree whose employment with a participating agency commenced on or after July 1, 2015. Any retiree whose first employment with a participating agency commenced before July 1, 2015, and who returns to service with a participating agency after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015. Any retiree whose first employment with the state of Tennessee commenced before July 1, 2015, and who initiates service with a participating local education agency after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015. (f) (1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the local education insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. (4) This subsection (f) shall be effective September 1, 2015. Amended by 2023 Tenn. Acts, ch. 216, s 23, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 216, s 22, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 631, s 2, eff. 4/2/2018. Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015. Acts 1985, ch. 455, § 5.
(a) The local education insurance committee may establish basic health plans and voluntary benefits, as the local education committee deems necessary and reasonable, for retired local education employees. The benefits may be made available to all eligible retired local education employees; provided, that an eligible retired local education employee who is vested in the Tennessee consolidated retirement system must be drawing retirement benefits through that system to be able to also participate in the health benefits authorized by this section.
(b) The local education insurance committee is authorized to establish the eligibility criteria for the benefits authorized in subsection (a) and the administrative requirements for the collection of premiums.
(c) (1) The local education insurance committee is authorized to establish a schedule of premiums or a schedule of defined contributions subject to funding by the general assembly for retirees eligible for the health benefits established under this part. The schedule of defined contributions shall be graduated to reflect the retiree's length of service. Retirees with thirty (30) or more years of service will receive forty-five percent (45%) of the scheduled premium or defined contribution. Retirees with twenty (20) years of service, but less than thirty (30) years of service, will receive thirty-five percent (35%) of the scheduled premium or defined contribution. Retirees having less than twenty (20) years of service will receive twenty-five percent (25%) of the scheduled premium or defined contribution. (2) "Years of service," as used in this subsection (c), means only those years of service rendered by the retiree as a teacher, as defined in § 8-34-101 , or as a state employee, as defined in § 8-27-204(a)(1) , and upon which the retiree's monthly retirement allowance is based. (3) To the extent that premiums are assessed and retirees pay less than the total monthly premium, and to the extent that the benefit payments exceed the anticipated premium for eligible retirees who were not retired during the prior calendar year, that expense shall be reimbursed by the state through a direct appropriation to the local education group insurance plan.
(1) The local education insurance committee is authorized to establish a schedule of premiums or a schedule of defined contributions subject to funding by the general assembly for retirees eligible for the health benefits established under this part. The schedule of defined contributions shall be graduated to reflect the retiree's length of service. Retirees with thirty (30) or more years of service will receive forty-five percent (45%) of the scheduled premium or defined contribution. Retirees with twenty (20) years of service, but less than thirty (30) years of service, will receive thirty-five percent (35%) of the scheduled premium or defined contribution. Retirees having less than twenty (20) years of service will receive twenty-five percent (25%) of the scheduled premium or defined contribution.
(2) "Years of service," as used in this subsection (c), means only those years of service rendered by the retiree as a teacher, as defined in § 8-34-101 , or as a state employee, as defined in § 8-27-204(a)(1) , and upon which the retiree's monthly retirement allowance is based.
(3) To the extent that premiums are assessed and retirees pay less than the total monthly premium, and to the extent that the benefit payments exceed the anticipated premium for eligible retirees who were not retired during the prior calendar year, that expense shall be reimbursed by the state through a direct appropriation to the local education group insurance plan.
(d) Any retired local education employee who is participating in the health benefit authorized by this section and who is in receipt of a disability retirement allowance pursuant to chapter 36, part 5 of this title, shall not be required to discontinue coverage in the basic health plan authorized by § 8-27-302(a)(1) upon eligibility for Part A of Medicare and may continue in the plan as a retired employee to the point at which Medicare eligibility would have been attained had the disability not occurred; provided, that the retired employee remains eligible for the disability retirement allowance and that Part B of Medicare is retained. The insurance premium shall be the same as that charged to nondisability retirees who are not yet eligible for Medicare. Any retired local education teacher who is granted a service retirement under chapter 36 of this title shall also qualify for a continuation of insurance coverage if the teacher meets the conditions set forth in this subsection (d) and the eligibility criteria established by the local education insurance committee.
(e) The retiree coverage authorized under this section shall not be available to any retiree whose employment with a participating agency commenced on or after July 1, 2015. Any retiree whose first employment with a participating agency commenced before July 1, 2015, and who returns to service with a participating agency after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015. Any retiree whose first employment with the state of Tennessee commenced before July 1, 2015, and who initiates service with a participating local education agency after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015.
(f) (1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the local education insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. (4) This subsection (f) shall be effective September 1, 2015.
(1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the local education insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used.
(2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer.
(3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust.
(4) This subsection (f) shall be effective September 1, 2015.
Amended by 2023 Tenn. Acts, ch. 216, s 23, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 22, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 631, s 2, eff. 4/2/2018.
Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015.
Acts 1985, ch. 455, § 5.
Tenn. Code Ann. § 8-14-305 — TN Code / Title 8 / Chapter 14 / Section 8-14-305
Executive director - Assistants and staff
Status: in_force

(a) The executive director shall, subject to the approval of the duly elected officers of the district public defenders conference, appoint a deputy executive director, a budget officer and a director and such other assistants and clerical personnel as are necessary to enable the performance of the duties of the office. (b) Compensation for other assistants and clerical personnel shall be fixed by the executive director with the approval of the executive committee of the district public defenders conference. (c) A newly elected or appointed executive director, deputy executive director, or employee licensed as an attorney is not permitted to engage in the practice of law except as the duties of such position requires. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the office of executive director shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional ethical conduct. Amended by 2019 Tenn. Acts, ch. 302,Secs.s1, s2 eff. 7/1/2019. Acts 1989, ch. 588, § 21; 1996, ch. 610, §§ 1, 2, 4.
(a) The executive director shall, subject to the approval of the duly elected officers of the district public defenders conference, appoint a deputy executive director, a budget officer and a director and such other assistants and clerical personnel as are necessary to enable the performance of the duties of the office.
(b) Compensation for other assistants and clerical personnel shall be fixed by the executive director with the approval of the executive committee of the district public defenders conference.
(c) A newly elected or appointed executive director, deputy executive director, or employee licensed as an attorney is not permitted to engage in the practice of law except as the duties of such position requires. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the office of executive director shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional ethical conduct.
Amended by 2019 Tenn. Acts, ch. 302,Secs.s1, s2 eff. 7/1/2019.
Acts 1989, ch. 588, § 21; 1996, ch. 610, §§ 1, 2, 4.
Tenn. Code Ann. § 8-50-601 — TN Code / Title 8 / Chapter 50 / Section 8-50-601
Short title
Status: in_force

This part shall be known and may be cited as the "Public Employee Political Freedom Act of 1980." Acts 1980, ch. 806, § 1.
This part shall be known and may be cited as the "Public Employee Political Freedom Act of 1980."
Acts 1980, ch. 806, § 1.