Tenn. Code Ann. § 8-24-103 — TN Code / Title 8 / Chapter 24 / Section 8-24-103
Fees in lieu of salary
Status: in_force

(a) (1) The county legislative body in any county shall make the necessary appropriation and pay to the sheriff of its county the maximum salary fixed by § 8-24-102 , and the authorized expenses fixed by law for the operation of the sheriff's office, including the salary of all the sheriff's deputies, which shall be the sole manner of compensation for those deputies, as authorized pursuant to chapter 20 of this title, direct from the county trustee in twelve (12) equal monthly installments, irrespective of the fees earned by the sheriff. (2) In such an event, all fees allowed, collected, or in any manner received by the sheriff will be paid, assigned, transferred, and set over to the county. When such fees are received by the sheriff, the clerk of any court or any other person, they shall be transmitted monthly to the county trustee. (3) No sheriff shall claim, hold, or have any interest in such funds for services performed under § 8-24-102 , fees paid the sheriff as a witness for appearing in court, the boarding of prisoners at the county jail, ex officio services, or fees from any other source whatsoever, except that this provision and subdivision (a)(2) are not intended to prevent the county legislative body from paying the sheriff in such county an amount in addition to the maximum salary allowed by § 8-24-102 for ex officio services as superintendent of the workhouse, if the workhouse in such county is combined with the jail as provided for by title 41, chapter 2. (4) Any sheriff serving under this provision shall make a charge for all services performed by such sheriff as now provided by law, and such sheriff shall have no authority to waive, remit, or release any fee for any service or services performed. (b) The provisions of this section, or any part or portion thereof, are severable, and in the event that any provision, or part or portion of any provision of this section, is declared to be unconstitutional, such a declaration or decree shall not affect the remainder of this section. Acts 1921, ch. 101, § 17; Shan. Supp., § 6428a54; Code 1932, §10743; Acts 1935, ch. 118, § 2; mod. C. Supp. 1950, §10743; modified; Acts 1961, ch. 147, § 5; impl. am. Acts 1961, ch. 147, § 9; Acts 1961, ch. 169, § 1; 1965, ch. 177, § 2; 1973, ch. 186, §1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §8-2404; Acts 1988, ch. 861, § 2; 1990, ch. 1035, § 4.
(a) (1) The county legislative body in any county shall make the necessary appropriation and pay to the sheriff of its county the maximum salary fixed by § 8-24-102 , and the authorized expenses fixed by law for the operation of the sheriff's office, including the salary of all the sheriff's deputies, which shall be the sole manner of compensation for those deputies, as authorized pursuant to chapter 20 of this title, direct from the county trustee in twelve (12) equal monthly installments, irrespective of the fees earned by the sheriff. (2) In such an event, all fees allowed, collected, or in any manner received by the sheriff will be paid, assigned, transferred, and set over to the county. When such fees are received by the sheriff, the clerk of any court or any other person, they shall be transmitted monthly to the county trustee. (3) No sheriff shall claim, hold, or have any interest in such funds for services performed under § 8-24-102 , fees paid the sheriff as a witness for appearing in court, the boarding of prisoners at the county jail, ex officio services, or fees from any other source whatsoever, except that this provision and subdivision (a)(2) are not intended to prevent the county legislative body from paying the sheriff in such county an amount in addition to the maximum salary allowed by § 8-24-102 for ex officio services as superintendent of the workhouse, if the workhouse in such county is combined with the jail as provided for by title 41, chapter 2. (4) Any sheriff serving under this provision shall make a charge for all services performed by such sheriff as now provided by law, and such sheriff shall have no authority to waive, remit, or release any fee for any service or services performed.
(1) The county legislative body in any county shall make the necessary appropriation and pay to the sheriff of its county the maximum salary fixed by § 8-24-102 , and the authorized expenses fixed by law for the operation of the sheriff's office, including the salary of all the sheriff's deputies, which shall be the sole manner of compensation for those deputies, as authorized pursuant to chapter 20 of this title, direct from the county trustee in twelve (12) equal monthly installments, irrespective of the fees earned by the sheriff.
(2) In such an event, all fees allowed, collected, or in any manner received by the sheriff will be paid, assigned, transferred, and set over to the county. When such fees are received by the sheriff, the clerk of any court or any other person, they shall be transmitted monthly to the county trustee.
(3) No sheriff shall claim, hold, or have any interest in such funds for services performed under § 8-24-102 , fees paid the sheriff as a witness for appearing in court, the boarding of prisoners at the county jail, ex officio services, or fees from any other source whatsoever, except that this provision and subdivision (a)(2) are not intended to prevent the county legislative body from paying the sheriff in such county an amount in addition to the maximum salary allowed by § 8-24-102 for ex officio services as superintendent of the workhouse, if the workhouse in such county is combined with the jail as provided for by title 41, chapter 2.
(4) Any sheriff serving under this provision shall make a charge for all services performed by such sheriff as now provided by law, and such sheriff shall have no authority to waive, remit, or release any fee for any service or services performed.
(b) The provisions of this section, or any part or portion thereof, are severable, and in the event that any provision, or part or portion of any provision of this section, is declared to be unconstitutional, such a declaration or decree shall not affect the remainder of this section.
Acts 1921, ch. 101, § 17; Shan. Supp., § 6428a54; Code 1932, §10743; Acts 1935, ch. 118, § 2; mod. C. Supp. 1950, §10743; modified; Acts 1961, ch. 147, § 5; impl. am. Acts 1961, ch. 147, § 9; Acts 1961, ch. 169, § 1; 1965, ch. 177, § 2; 1973, ch. 186, §1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §8-2404; Acts 1988, ch. 861, § 2; 1990, ch. 1035, § 4.
Tenn. Code Ann. § 8-16-116 — TN Code / Title 8 / Chapter 16 / Section 8-16-116
Receipt of instruments in evidence
Status: in_force

The attestations, protestations, and other instruments of publication or acknowledgment, made by any notary public under seal, shall be received in evidence. Code 1858, § 1799 (deriv. Acts 1835-1836, ch. 11, § 5); Shan., § 3203; mod. Code 1932, § 5906; T.C.A. (orig. ed.), § 8-1622; T.C.A. § 8-16-304 ; Acts 2004, ch. 854, § 18.
The attestations, protestations, and other instruments of publication or acknowledgment, made by any notary public under seal, shall be received in evidence.
Code 1858, § 1799 (deriv. Acts 1835-1836, ch. 11, § 5); Shan., § 3203; mod. Code 1932, § 5906; T.C.A. (orig. ed.), § 8-1622; T.C.A. § 8-16-304 ; Acts 2004, ch. 854, § 18.
Tenn. Code Ann. § 8-31-103 — TN Code / Title 8 / Chapter 31 / Section 8-31-103
Direct supervision of relatives prohibited
Status: in_force

Within each governmental entity, no state employees who are relatives shall be placed within the same direct line of supervision whereby one (1) relative is responsible for supervising the job performance or work activities of another relative; provided, that to the extent possible, this chapter shall not be construed to prohibit two (2) or more such relatives from working within the same state governmental entity. Acts 1980, ch. 789, § 3.
Within each governmental entity, no state employees who are relatives shall be placed within the same direct line of supervision whereby one (1) relative is responsible for supervising the job performance or work activities of another relative; provided, that to the extent possible, this chapter shall not be construed to prohibit two (2) or more such relatives from working within the same state governmental entity.
Acts 1980, ch. 789, § 3.
Tenn. Code Ann. § 8-22-121 — TN Code / Title 8 / Chapter 22 / Section 8-22-121
Violations - Class E felony
Status: in_force

Any violation of any part of §§ 8-22-118 - 8-22-120 is a Class E felony. Acts 1893, ch. 6, § 7; Shan., § 6366; Code 1932, § 10671; T.C.A. (orig. ed.), § 8-2221; Acts 1989, ch. 591, § 20.
Any violation of any part of §§ 8-22-118 - 8-22-120 is a Class E felony.
Acts 1893, ch. 6, § 7; Shan., § 6366; Code 1932, § 10671; T.C.A. (orig. ed.), § 8-2221; Acts 1989, ch. 591, § 20.
Tenn. Code Ann. § 8-50-119 — TN Code / Title 8 / Chapter 50 / Section 8-50-119
Tennessee Public Safety Behavioral Health Act
Status: in_force

(a) This section shall be known and may be cited as the "Tennessee Public Safety Behavioral Health Act." (b) As used in this section: (1) "Mental health service provider" means a person who: (A) (i) Is licensed as: (a) A professional counselor designated as a mental health service provider under title 63, chapter 22, part 1; (b) A licensed clinical social worker under title 63, chapter 23; (c) A psychiatric mental health nurse practitioner under title 63, chapter 7; (d) A licensed marital and family therapist under title 63, chapter 22; or (e) A licensed occupational therapist under title 63, chapter 13, part 2; (ii) Is in good standing with: (a) The board for professional counselors, marital and family therapists, and clinical pastoral therapists; (b) The board of nursing; (c) The board of social worker licensure; or (d) The board of occupational therapy; (iii) Has successfully completed education and training in at least one (1) trauma therapy and can provide evidence of successful completion to a public safety employer; and (iv) Has a minimum of two (2) years of post-licensure work experience working with trauma patients; or (B) Is licensed in good standing as a: (i) Physician licensed under title 63, chapter 6 or 9; (ii) Psychological examiner licensed under § 63-11-201(a)(1) ; (iii) Senior psychological examiner licensed under § 63-11-201(a)(2) ; or (iv) Psychologist licensed under § 63-11-201(a)(3) ; (2) "Post traumatic stress disorder" or "PTSD" has the same meaning as defined in the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders; (3) "Public safety employee" means an emergency medical worker or professional firefighter who is a paid, full-time employee of a public safety employer; (4) "Public safety employer" means this state, a local government, or any other political subdivision of this state that employs public safety employees on a full-time basis; and (5) "Trauma therapy" means, with respect to victims of trauma, at least one (1) of the following evidence-based trauma treatment practices: trauma-focused cognitive behavior therapy, exposure therapy, stress inoculation therapy, or eye movement desensitization reprocessing. (c) Public safety employers shall: (1) Provide not less than ten (10) visits or sessions with a mental health service provider for the purpose of treating PTSD through the employee's health benefits or otherwise. Public safety employers may require a co-pay or co-insurance for these visits that is no more than co-pays or co-insurance for other health benefits offered by the employer; (2) Promote the use of a mental health service provider and other behavioral health professionals to public safety employees; (3) Establish, in conjunction with a mental health service provider, support programs in an effort to mitigate behavioral health issues within the public safety employee community; and (4) Maintain, and regularly provide public safety employees with, at a minimum of once per year, a list of mental health service providers who are qualified to provide trauma therapy under this section. (d) Public safety employers shall not engage in the retaliatory treatment of public safety employees seeking or utilizing mental health service providers or behavioral health programs, including, but not limited to, discharge, denial of promotions, punitive work assignments, transfers, or other similar retaliatory actions. (e) (1) At a minimum of once per year, a mental health service provider providing services to public safety employees shall participate in training, within the jurisdiction in which the public safety employees work, that familiarizes the provider with the unique problems associated with each public safety profession lifestyle, including, but not limited to, critical incident response training, critical incident stress management, field exercises such as ride-alongs and visits to fire and emergency medical services (EMS) stations, and similarly appropriate training. (2) This subsection (e) does not apply to a mental health service provider described in subdivision (b)(1)(B). (f) Any benefits offered and provided for by this section do not apply to workers' compensation plans under title 50. Acts 2018 , ch. 997, § 1.
(a) This section shall be known and may be cited as the "Tennessee Public Safety Behavioral Health Act."
(b) As used in this section: (1) "Mental health service provider" means a person who: (A) (i) Is licensed as: (a) A professional counselor designated as a mental health service provider under title 63, chapter 22, part 1; (b) A licensed clinical social worker under title 63, chapter 23; (c) A psychiatric mental health nurse practitioner under title 63, chapter 7; (d) A licensed marital and family therapist under title 63, chapter 22; or (e) A licensed occupational therapist under title 63, chapter 13, part 2; (ii) Is in good standing with: (a) The board for professional counselors, marital and family therapists, and clinical pastoral therapists; (b) The board of nursing; (c) The board of social worker licensure; or (d) The board of occupational therapy; (iii) Has successfully completed education and training in at least one (1) trauma therapy and can provide evidence of successful completion to a public safety employer; and (iv) Has a minimum of two (2) years of post-licensure work experience working with trauma patients; or (B) Is licensed in good standing as a: (i) Physician licensed under title 63, chapter 6 or 9; (ii) Psychological examiner licensed under § 63-11-201(a)(1) ; (iii) Senior psychological examiner licensed under § 63-11-201(a)(2) ; or (iv) Psychologist licensed under § 63-11-201(a)(3) ; (2) "Post traumatic stress disorder" or "PTSD" has the same meaning as defined in the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders; (3) "Public safety employee" means an emergency medical worker or professional firefighter who is a paid, full-time employee of a public safety employer; (4) "Public safety employer" means this state, a local government, or any other political subdivision of this state that employs public safety employees on a full-time basis; and (5) "Trauma therapy" means, with respect to victims of trauma, at least one (1) of the following evidence-based trauma treatment practices: trauma-focused cognitive behavior therapy, exposure therapy, stress inoculation therapy, or eye movement desensitization reprocessing.
(1) "Mental health service provider" means a person who: (A) (i) Is licensed as: (a) A professional counselor designated as a mental health service provider under title 63, chapter 22, part 1; (b) A licensed clinical social worker under title 63, chapter 23; (c) A psychiatric mental health nurse practitioner under title 63, chapter 7; (d) A licensed marital and family therapist under title 63, chapter 22; or (e) A licensed occupational therapist under title 63, chapter 13, part 2; (ii) Is in good standing with: (a) The board for professional counselors, marital and family therapists, and clinical pastoral therapists; (b) The board of nursing; (c) The board of social worker licensure; or (d) The board of occupational therapy; (iii) Has successfully completed education and training in at least one (1) trauma therapy and can provide evidence of successful completion to a public safety employer; and (iv) Has a minimum of two (2) years of post-licensure work experience working with trauma patients; or (B) Is licensed in good standing as a: (i) Physician licensed under title 63, chapter 6 or 9; (ii) Psychological examiner licensed under § 63-11-201(a)(1) ; (iii) Senior psychological examiner licensed under § 63-11-201(a)(2) ; or (iv) Psychologist licensed under § 63-11-201(a)(3) ;
(A) (i) Is licensed as: (a) A professional counselor designated as a mental health service provider under title 63, chapter 22, part 1; (b) A licensed clinical social worker under title 63, chapter 23; (c) A psychiatric mental health nurse practitioner under title 63, chapter 7; (d) A licensed marital and family therapist under title 63, chapter 22; or (e) A licensed occupational therapist under title 63, chapter 13, part 2; (ii) Is in good standing with: (a) The board for professional counselors, marital and family therapists, and clinical pastoral therapists; (b) The board of nursing; (c) The board of social worker licensure; or (d) The board of occupational therapy; (iii) Has successfully completed education and training in at least one (1) trauma therapy and can provide evidence of successful completion to a public safety employer; and (iv) Has a minimum of two (2) years of post-licensure work experience working with trauma patients; or
(i) Is licensed as: (a) A professional counselor designated as a mental health service provider under title 63, chapter 22, part 1; (b) A licensed clinical social worker under title 63, chapter 23; (c) A psychiatric mental health nurse practitioner under title 63, chapter 7; (d) A licensed marital and family therapist under title 63, chapter 22; or (e) A licensed occupational therapist under title 63, chapter 13, part 2;
(a) A professional counselor designated as a mental health service provider under title 63, chapter 22, part 1;
(b) A licensed clinical social worker under title 63, chapter 23;
(c) A psychiatric mental health nurse practitioner under title 63, chapter 7;
(d) A licensed marital and family therapist under title 63, chapter 22; or
(e) A licensed occupational therapist under title 63, chapter 13, part 2;
(ii) Is in good standing with: (a) The board for professional counselors, marital and family therapists, and clinical pastoral therapists; (b) The board of nursing; (c) The board of social worker licensure; or (d) The board of occupational therapy;
(a) The board for professional counselors, marital and family therapists, and clinical pastoral therapists;
(b) The board of nursing;
(c) The board of social worker licensure; or
(d) The board of occupational therapy;
(iii) Has successfully completed education and training in at least one (1) trauma therapy and can provide evidence of successful completion to a public safety employer; and
(iv) Has a minimum of two (2) years of post-licensure work experience working with trauma patients; or
(B) Is licensed in good standing as a: (i) Physician licensed under title 63, chapter 6 or 9; (ii) Psychological examiner licensed under § 63-11-201(a)(1) ; (iii) Senior psychological examiner licensed under § 63-11-201(a)(2) ; or (iv) Psychologist licensed under § 63-11-201(a)(3) ;
(i) Physician licensed under title 63, chapter 6 or 9;
(ii) Psychological examiner licensed under § 63-11-201(a)(1) ;
(iii) Senior psychological examiner licensed under § 63-11-201(a)(2) ; or
(iv) Psychologist licensed under § 63-11-201(a)(3) ;
(2) "Post traumatic stress disorder" or "PTSD" has the same meaning as defined in the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders;
(3) "Public safety employee" means an emergency medical worker or professional firefighter who is a paid, full-time employee of a public safety employer;
(4) "Public safety employer" means this state, a local government, or any other political subdivision of this state that employs public safety employees on a full-time basis; and
(5) "Trauma therapy" means, with respect to victims of trauma, at least one (1) of the following evidence-based trauma treatment practices: trauma-focused cognitive behavior therapy, exposure therapy, stress inoculation therapy, or eye movement desensitization reprocessing.
(c) Public safety employers shall: (1) Provide not less than ten (10) visits or sessions with a mental health service provider for the purpose of treating PTSD through the employee's health benefits or otherwise. Public safety employers may require a co-pay or co-insurance for these visits that is no more than co-pays or co-insurance for other health benefits offered by the employer; (2) Promote the use of a mental health service provider and other behavioral health professionals to public safety employees; (3) Establish, in conjunction with a mental health service provider, support programs in an effort to mitigate behavioral health issues within the public safety employee community; and (4) Maintain, and regularly provide public safety employees with, at a minimum of once per year, a list of mental health service providers who are qualified to provide trauma therapy under this section.
(1) Provide not less than ten (10) visits or sessions with a mental health service provider for the purpose of treating PTSD through the employee's health benefits or otherwise. Public safety employers may require a co-pay or co-insurance for these visits that is no more than co-pays or co-insurance for other health benefits offered by the employer;
(2) Promote the use of a mental health service provider and other behavioral health professionals to public safety employees;
(3) Establish, in conjunction with a mental health service provider, support programs in an effort to mitigate behavioral health issues within the public safety employee community; and
(4) Maintain, and regularly provide public safety employees with, at a minimum of once per year, a list of mental health service providers who are qualified to provide trauma therapy under this section.
(d) Public safety employers shall not engage in the retaliatory treatment of public safety employees seeking or utilizing mental health service providers or behavioral health programs, including, but not limited to, discharge, denial of promotions, punitive work assignments, transfers, or other similar retaliatory actions.
(e) (1) At a minimum of once per year, a mental health service provider providing services to public safety employees shall participate in training, within the jurisdiction in which the public safety employees work, that familiarizes the provider with the unique problems associated with each public safety profession lifestyle, including, but not limited to, critical incident response training, critical incident stress management, field exercises such as ride-alongs and visits to fire and emergency medical services (EMS) stations, and similarly appropriate training. (2) This subsection (e) does not apply to a mental health service provider described in subdivision (b)(1)(B).
(1) At a minimum of once per year, a mental health service provider providing services to public safety employees shall participate in training, within the jurisdiction in which the public safety employees work, that familiarizes the provider with the unique problems associated with each public safety profession lifestyle, including, but not limited to, critical incident response training, critical incident stress management, field exercises such as ride-alongs and visits to fire and emergency medical services (EMS) stations, and similarly appropriate training.
(2) This subsection (e) does not apply to a mental health service provider described in subdivision (b)(1)(B).
(f) Any benefits offered and provided for by this section do not apply to workers' compensation plans under title 50.
Acts 2018 , ch. 997, § 1.
Tenn. Code Ann. § 8-50-1301 — TN Code / Title 8 / Chapter 50 / Section 8-50-1301
Child care services for state agency's officers and employees
Status: in_force

(a) A state agency may contract with a provider of child care services to offer child care services as an option for the agency's officers and employees. If a state agency offers child care services, then the child care provider must be licensed by the department of human services under title 71, chapter 3, part 5. Primary emphasis for child care services must be given to children who are not subject to compulsory school attendance pursuant to § 49-6-3001 . (b) Child care programs may be located in state-owned office buildings, educational facilities and institutions, and, with the consent of the speaker of the senate and the speaker of the house of representatives, in buildings and spaces used for legislative activities. The state may provide the space to a sponsoring agency, if it is available. (c) The provider of proposed child care services must be selected by competitive contract. Requests for proposals must be developed with the assistance of the sponsoring state agency, and are subject to the approval of the sponsoring state agency and the department of human services. The department of general services shall coordinate with the sponsoring state agency and the department of human services to determine the total cost of the build out for each individual project. Once a cost is determined, the department of general services, in coordination with the sponsoring state agency, shall procure the child care services from a qualifying vendor, using the policy, procedures, and rules from the central procurement office. The vendor that is awarded the contract shall cover all costs of the build out under the contract. (d) An operator selected to provide services must comply with all state and local standards for the licensure and operation of child care facilities, maintain adequate liability insurance coverage, and assume financial and legal responsibility for the operation of the program. Neither the operator nor any personnel employed by or at a child care facility are employees of the state. (e) A state agency may enter into a partnership with local municipalities to jointly provide child care services to state and municipal employees. (f) This part does not apply to an institution of higher education that provides or establishes child care services through the institution of higher education. Added by 2021 Tenn. Acts, ch. 238, s 1, eff. 4/28/2021.
(a) A state agency may contract with a provider of child care services to offer child care services as an option for the agency's officers and employees. If a state agency offers child care services, then the child care provider must be licensed by the department of human services under title 71, chapter 3, part 5. Primary emphasis for child care services must be given to children who are not subject to compulsory school attendance pursuant to § 49-6-3001 .
(b) Child care programs may be located in state-owned office buildings, educational facilities and institutions, and, with the consent of the speaker of the senate and the speaker of the house of representatives, in buildings and spaces used for legislative activities. The state may provide the space to a sponsoring agency, if it is available.
(c) The provider of proposed child care services must be selected by competitive contract. Requests for proposals must be developed with the assistance of the sponsoring state agency, and are subject to the approval of the sponsoring state agency and the department of human services. The department of general services shall coordinate with the sponsoring state agency and the department of human services to determine the total cost of the build out for each individual project. Once a cost is determined, the department of general services, in coordination with the sponsoring state agency, shall procure the child care services from a qualifying vendor, using the policy, procedures, and rules from the central procurement office. The vendor that is awarded the contract shall cover all costs of the build out under the contract.
(d) An operator selected to provide services must comply with all state and local standards for the licensure and operation of child care facilities, maintain adequate liability insurance coverage, and assume financial and legal responsibility for the operation of the program. Neither the operator nor any personnel employed by or at a child care facility are employees of the state.
(e) A state agency may enter into a partnership with local municipalities to jointly provide child care services to state and municipal employees.
(f) This part does not apply to an institution of higher education that provides or establishes child care services through the institution of higher education.
Added by 2021 Tenn. Acts, ch. 238, s 1, eff. 4/28/2021.
Tenn. Code Ann. § 8-27-306 — TN Code / Title 8 / Chapter 27 / Section 8-27-306
Supplemental medical insurance benefits
Status: in_force

(a) If, on January 1, 1988, a local education agency made supplemental medical insurance benefits available to its retirees who are covered by Medicare benefits, and the benefits of the plan are equal or superior to the plan offered to retirees pursuant to § 8-27-209 , the local education agency shall be eligible to receive directly the payments provided for in § 8-27-209(d) . Participation in an insurance trust, county-wide plan, self-insurance, or similar benefit plan shall not disqualify the local education agency from these payments. (b) The determination of the equivalency or superiority of the local benefits shall be made by an outside, independent firm or consultant. The local education insurance committee shall contract with the firm or consultant under the procedures in § 8-27-103(a) . A written report shall be supplied to the local education agency in the event that local plan is determined not to be equal or superior. (c) Local education agencies having medical benefits that are not equal or superior to the plan offered pursuant to § 8-27-209 shall not be eligible for direct payments. (d) Any payment made by the state pursuant to this part shall first be used to reduce or eliminate any contribution required of retirees participating in such local plan and shall not result in a reduction of financial support of such plan by the local education agency. (e) The supplemental medical insurance authorized under this section shall not be available to any person otherwise qualified under subsection (a), whose initial employment with a qualifying employer commenced on or after July 1, 2015. The rights of election, transfer, and enrollment conferred by this section shall not be available to any person whose initial employment with the state or other governmental agency qualifying them for plan membership commenced on or after July 1, 2015. Added by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015.
(a) If, on January 1, 1988, a local education agency made supplemental medical insurance benefits available to its retirees who are covered by Medicare benefits, and the benefits of the plan are equal or superior to the plan offered to retirees pursuant to § 8-27-209 , the local education agency shall be eligible to receive directly the payments provided for in § 8-27-209(d) . Participation in an insurance trust, county-wide plan, self-insurance, or similar benefit plan shall not disqualify the local education agency from these payments.
(b) The determination of the equivalency or superiority of the local benefits shall be made by an outside, independent firm or consultant. The local education insurance committee shall contract with the firm or consultant under the procedures in § 8-27-103(a) . A written report shall be supplied to the local education agency in the event that local plan is determined not to be equal or superior.
(c) Local education agencies having medical benefits that are not equal or superior to the plan offered pursuant to § 8-27-209 shall not be eligible for direct payments.
(d) Any payment made by the state pursuant to this part shall first be used to reduce or eliminate any contribution required of retirees participating in such local plan and shall not result in a reduction of financial support of such plan by the local education agency.
(e) The supplemental medical insurance authorized under this section shall not be available to any person otherwise qualified under subsection (a), whose initial employment with a qualifying employer commenced on or after July 1, 2015. The rights of election, transfer, and enrollment conferred by this section shall not be available to any person whose initial employment with the state or other governmental agency qualifying them for plan membership commenced on or after July 1, 2015.
Added by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015.
Tenn. Code Ann. § 8-19-107 — TN Code / Title 8 / Chapter 19 / Section 8-19-107
Provisions supplemental
Status: in_force

Sections 8-19-101 - 8-19-106 are cumulative and supplemental to all existing laws. Acts 1941, ch. 138, § 7; C. Supp. 1950, § 1839.7; T.C.A. (orig. ed.), § 8-1907.
Sections 8-19-101 - 8-19-106 are cumulative and supplemental to all existing laws.
Acts 1941, ch. 138, § 7; C. Supp. 1950, § 1839.7; T.C.A. (orig. ed.), § 8-1907.
Tenn. Code Ann. § 8-36-601 — TN Code / Title 8 / Chapter 36 / Section 8-36-601
Election of options for designation of contingent beneficiaries authorized - Options enumerated - Retirement allowance for social security benefits
Status: in_force

(a) Any member may elect to convert the retirement allowance otherwise payable on the member's account after retirement, exclusive of any portion of a disability allowance not payable after commencement of unreduced social security benefits, into a retirement allowance of equivalent actuarial value under one (1) of the options named in subsection (b). (b) (1) Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement. (2) Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death at one-half (½) the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement. (3) Option 3. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement; provided, that if such designated beneficiary shall predecease the retired member, the retirement allowance payable to the member after the death of the designated beneficiary shall be equal to the retirement allowance which would have been payable had the member not elected an option. (4) Option 4. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death at one-half (½) the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement; provided, that if such designated beneficiary shall predecease the retired member, the retirement allowance payable to the member after death of the designated beneficiary shall be equal to the retirement allowance which would have been payable had the member not elected an option. (c) Prior to retirement, any member who is covered by Title II of the Federal Social Security Act ( 42 U.S.C. §§ 401 - 425 ), may elect to convert the retirement allowance otherwise payable on the member's account after retirement into a retirement allowance of equivalent actuarial value of such amount that, with the member's benefit under Title II of the Federal Social Security Act, the member will receive, so far as possible, approximately the same amount per year before and after the commencement of such benefit. (d) Subsection (c) does not apply to a retiree receiving a disability retirement allowance if such retiree is also receiving social security disability benefits. Any member who is approved for a disability retirement allowance and who desires to convert such member's retirement allowance in accordance with subsection (c) shall be required to provide to the retirement system within thirty (30) days after notification of such approval, that the member has made application for social security disability benefits. If the application for social security benefits is denied, the member shall be given thirty (30) days from the date of denial in which to seek a reconsideration of such member's claim from the social security administration and to notify the retirement system of such action. Should the member's claim for social security disability benefits be denied upon reconsideration, such member shall, within thirty (30) days after notice of such denial, file an appeal to the administrative law judge and notify the retirement system of such member's action. The member is required to keep the retirement system informed of the status of such member's claim for social security disability benefits through the entire appeals process as specified herein. Failure to comply with the requirements of this subsection (d) shall result in a reduction of the member's disability retirement allowance to the amount which would have been payable had the member selected the regular plan, and the member shall be required to make a payment equal to the difference in benefits received and the regular plan. (e) Notwithstanding this section or any other law to the contrary, the amount of survivor benefits payable to a beneficiary under one (1) of the optional allowances provided for in subsection (b) shall not exceed the maximum amount determined under the applicable incidental death benefits regulations of the Internal Revenue Code (26 U.S.C.), unless the retired member's surviving spouse is the member's sole beneficiary. Benefits shall be adjusted as necessary to satisfy those regulations. (f) Effective as of July 1, 1989, the retirement system shall determine the amount of any optional retirement allowance on the basis of actuarial assumptions adopted by the board of trustees; such benefits shall not be subject to employer discretion. The actuarial assumptions adopted by the board for this purpose are incorporated as part of the plan document. Amended by 2016 Tenn. Acts, ch. 605, s 9, eff. 3/17/2016. Amended by 2015 Tenn. Acts, ch. 421, Secs.s 8, s 9 eff. 5/8/2015. Amended by 2013 Tenn. Acts, ch. 296, s 17, eff. 4/29/2013. Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(a); Acts 1981, ch. 387, § 10; 1992, ch. 843, § 20.
(a) Any member may elect to convert the retirement allowance otherwise payable on the member's account after retirement, exclusive of any portion of a disability allowance not payable after commencement of unreduced social security benefits, into a retirement allowance of equivalent actuarial value under one (1) of the options named in subsection (b).
(b) (1) Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement. (2) Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death at one-half (½) the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement. (3) Option 3. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement; provided, that if such designated beneficiary shall predecease the retired member, the retirement allowance payable to the member after the death of the designated beneficiary shall be equal to the retirement allowance which would have been payable had the member not elected an option. (4) Option 4. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death at one-half (½) the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement; provided, that if such designated beneficiary shall predecease the retired member, the retirement allowance payable to the member after death of the designated beneficiary shall be equal to the retirement allowance which would have been payable had the member not elected an option.
(1) Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement.
(2) Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death at one-half (½) the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement.
(3) Option 3. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement; provided, that if such designated beneficiary shall predecease the retired member, the retirement allowance payable to the member after the death of the designated beneficiary shall be equal to the retirement allowance which would have been payable had the member not elected an option.
(4) Option 4. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death at one-half (½) the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement; provided, that if such designated beneficiary shall predecease the retired member, the retirement allowance payable to the member after death of the designated beneficiary shall be equal to the retirement allowance which would have been payable had the member not elected an option.
(c) Prior to retirement, any member who is covered by Title II of the Federal Social Security Act ( 42 U.S.C. §§ 401 - 425 ), may elect to convert the retirement allowance otherwise payable on the member's account after retirement into a retirement allowance of equivalent actuarial value of such amount that, with the member's benefit under Title II of the Federal Social Security Act, the member will receive, so far as possible, approximately the same amount per year before and after the commencement of such benefit.
(d) Subsection (c) does not apply to a retiree receiving a disability retirement allowance if such retiree is also receiving social security disability benefits. Any member who is approved for a disability retirement allowance and who desires to convert such member's retirement allowance in accordance with subsection (c) shall be required to provide to the retirement system within thirty (30) days after notification of such approval, that the member has made application for social security disability benefits. If the application for social security benefits is denied, the member shall be given thirty (30) days from the date of denial in which to seek a reconsideration of such member's claim from the social security administration and to notify the retirement system of such action. Should the member's claim for social security disability benefits be denied upon reconsideration, such member shall, within thirty (30) days after notice of such denial, file an appeal to the administrative law judge and notify the retirement system of such member's action. The member is required to keep the retirement system informed of the status of such member's claim for social security disability benefits through the entire appeals process as specified herein. Failure to comply with the requirements of this subsection (d) shall result in a reduction of the member's disability retirement allowance to the amount which would have been payable had the member selected the regular plan, and the member shall be required to make a payment equal to the difference in benefits received and the regular plan.
(e) Notwithstanding this section or any other law to the contrary, the amount of survivor benefits payable to a beneficiary under one (1) of the optional allowances provided for in subsection (b) shall not exceed the maximum amount determined under the applicable incidental death benefits regulations of the Internal Revenue Code (26 U.S.C.), unless the retired member's surviving spouse is the member's sole beneficiary. Benefits shall be adjusted as necessary to satisfy those regulations.
(f) Effective as of July 1, 1989, the retirement system shall determine the amount of any optional retirement allowance on the basis of actuarial assumptions adopted by the board of trustees; such benefits shall not be subject to employer discretion. The actuarial assumptions adopted by the board for this purpose are incorporated as part of the plan document.
Amended by 2016 Tenn. Acts, ch. 605, s 9, eff. 3/17/2016.
Amended by 2015 Tenn. Acts, ch. 421, Secs.s 8, s 9 eff. 5/8/2015.
Amended by 2013 Tenn. Acts, ch. 296, s 17, eff. 4/29/2013.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(a); Acts 1981, ch. 387, § 10; 1992, ch. 843, § 20.
Tenn. Code Ann. § 8-50-120 — TN Code / Title 8 / Chapter 50 / Section 8-50-120
Acceptance of identification documents to determine person's citizenship, immigration status, or residency
Status: in_force

(a) An official or employee of this state or any political subdivision of this state shall not accept an identification document issued or created by any person, organization, county, city, or other local authority to determine a person's citizenship, immigration status, or residency, except where expressly authorized to be used for identification purposes by the general assembly or by federal law. (b) A local government or law enforcement agency shall not authorize, by policy, resolution, or ordinance, the use of any document described in subsection (a) as a form of identification to be used to determine the citizenship, immigration status, or residency of any person. Any local government or law enforcement policy, resolution, or ordinance that conflicts with this section is unenforceable and must be repealed or rescinded by the appropriate authority. Acts 2018, ch. 1053, § 1.
(a) An official or employee of this state or any political subdivision of this state shall not accept an identification document issued or created by any person, organization, county, city, or other local authority to determine a person's citizenship, immigration status, or residency, except where expressly authorized to be used for identification purposes by the general assembly or by federal law.
(b) A local government or law enforcement agency shall not authorize, by policy, resolution, or ordinance, the use of any document described in subsection (a) as a form of identification to be used to determine the citizenship, immigration status, or residency of any person. Any local government or law enforcement policy, resolution, or ordinance that conflicts with this section is unenforceable and must be repealed or rescinded by the appropriate authority.
Acts 2018, ch. 1053, § 1.
Tenn. Code Ann. § 8-47-104 — TN Code / Title 8 / Chapter 47 / Section 8-47-104
Subpoena to appear before prosecuting attorney
Status: in_force

The attorney general and reporter, the district attorneys general, county attorneys, and city attorneys have the power and they are hereby directed, whenever complaint has been made, and the names of the witnesses furnished them, or whenever they deem necessary, to issue subpoenas for such witnesses so furnished them and for such persons as they shall have reason to believe have any knowledge of the complaint made, to appear before the attorney general and reporter, district attorney general, county attorney, or city attorney, at a time and place to be designated in the subpoena then and there to testify concerning the subject matter set out in the complaint. Acts 1915, ch. 11, § 11; Shan., § 1135a19; Code 1932, § 1895; T.C.A. (orig. ed.), § 8-2704.
The attorney general and reporter, the district attorneys general, county attorneys, and city attorneys have the power and they are hereby directed, whenever complaint has been made, and the names of the witnesses furnished them, or whenever they deem necessary, to issue subpoenas for such witnesses so furnished them and for such persons as they shall have reason to believe have any knowledge of the complaint made, to appear before the attorney general and reporter, district attorney general, county attorney, or city attorney, at a time and place to be designated in the subpoena then and there to testify concerning the subject matter set out in the complaint.
Acts 1915, ch. 11, § 11; Shan., § 1135a19; Code 1932, § 1895; T.C.A. (orig. ed.), § 8-2704.
Tenn. Code Ann. § 8-36-917 — TN Code / Title 8 / Chapter 36 / Section 8-36-917
Reemployment in a covered position
Status: in_force

Except as otherwise provided in part 8 of this chapter, any retired participant who returns to service in a position covered by the retirement system shall have such participant's retirement allowance under the defined benefit component of the plan suspended while so employed. The participant shall be subject to §§ 8-36-801 - 8-36-804; provided, however, that reemployment in a covered position shall have no effect on a payment under the defined contribution component of the plan. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Except as otherwise provided in part 8 of this chapter, any retired participant who returns to service in a position covered by the retirement system shall have such participant's retirement allowance under the defined benefit component of the plan suspended while so employed. The participant shall be subject to §§ 8-36-801 - 8-36-804; provided, however, that reemployment in a covered position shall have no effect on a payment under the defined contribution component of the plan.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-50-406 — TN Code / Title 8 / Chapter 50 / Section 8-50-406
Compensation, supervision and status of transferred employees with respect to receiving agency
Status: repealed

(a) When any unit of government of this state acts as a receiving agency, employees of the sending agency who are assigned under authority of this part may be considered to be on detail to the receiving agency. (b) Appointments of persons so assigned may be made without regard to the laws or regulations governing the selection of employees of the receiving agency. Such person shall be in the executive service of the state. (c) Employees who are detailed to the receiving agency shall not by virtue of such detail be considered to be employees thereof, except as provided in subsection (d), nor shall they be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employees during the period of detail may be governed by agreement between the sending agency and the receiving agency. (d) Any employee of a sending agency assigned in this state who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in the performance of duties in connection therewith, shall be treated for the purpose of the receiving agency's employee compensation program, as an employee, as defined in such act, who has sustained such injury in the performance of such duty, but shall not receive benefits under that act for any period for which the employee elects to receive similar benefits as an employee under the sending agency's employee compensation program. Acts 1967, ch. 324, § 6; T.C.A., §§ 8-4123, 8-4122.
(a) When any unit of government of this state acts as a receiving agency, employees of the sending agency who are assigned under authority of this part may be considered to be on detail to the receiving agency.
(b) Appointments of persons so assigned may be made without regard to the laws or regulations governing the selection of employees of the receiving agency. Such person shall be in the executive service of the state.
(c) Employees who are detailed to the receiving agency shall not by virtue of such detail be considered to be employees thereof, except as provided in subsection (d), nor shall they be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employees during the period of detail may be governed by agreement between the sending agency and the receiving agency.
(d) Any employee of a sending agency assigned in this state who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in the performance of duties in connection therewith, shall be treated for the purpose of the receiving agency's employee compensation program, as an employee, as defined in such act, who has sustained such injury in the performance of such duty, but shall not receive benefits under that act for any period for which the employee elects to receive similar benefits as an employee under the sending agency's employee compensation program.
Acts 1967, ch. 324, § 6; T.C.A., §§ 8-4123, 8-4122.
Tenn. Code Ann. § 8-50-802 — TN Code / Title 8 / Chapter 50 / Section 8-50-802
Sick leave
Status: in_force

(a) (1) Sick leave may be granted: (A) To each officer and employee described in § 8-30-102(b)(1) who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of one (1) day for each month of service or major fraction thereof, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources; and (B) To each officer and employee other than as described in § 8-30-102(b)(1) who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of twelve (12) days per year on the date the employee is hired and on each service anniversary date for the employee, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. For purposes of this subdivision (a)(1)(B), service anniversary dates must be adjusted to account for gaps in paid employment as a state employee. (2) Sick leave shall be cumulative for all earned days not used. Saturdays, Sundays, and official holidays falling within a leave period shall not be charged as leave, unless such days are considered as work days for the employee in the employee's particular assignment. Part-time employees, employees holding temporary positions for less than six (6) months, seasonal employees, and emergency employees in the preferred service are expressly excluded from this subsection (a). (3) Sick leave may only be used for absence from duty because of illness or disability due to accident of employee, the employee's exposure to contagious diseases, or because of illness or death in the immediate family of the employee for such period as the attendance of the employee shall be necessary, except as hereinafter provided. (4) (A) A state employee may use sick leave and annual leave, as described in § 8-50-801 , for maternity or paternity leave for a period not to exceed the state employee's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less. In order to be eligible to use sick leave as maternity or paternity leave, the state employee must submit a written request therefor, together with a statement from the attending physician indicating the expected date of confinement, not later than the end of the fifth month of pregnancy. (B) As used in this subdivision (a)(4): (i) "Educator" has the same meaning as defined in § 49-5-204 ; and (ii) "State employee" means any person who is a state official, including members of the general assembly, the attorney general and reporter, district attorneys general, state judges, district public defenders, educators, any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal or other funds. "State employee" also means any person who is employed in the service of and whose compensation is payable by a public institution of higher education, or any person who is employed by a public institution of higher education whose compensation is paid in whole or in part from federal or other funds. (5) An employee may be required to present evidence in the form of personal affidavits, physicians' certificates, or other testimonials, at the request of the appointing authority or the commissioner of human resources, to support the reason for any absence during the time for which sick leave was taken. The appointing authority may not deny sick leave to any employee who furnishes a statement of a licensed physician or accredited Christian Science practitioner in support of the reason for the absence. However, the appointing authority may require additional documentation if, upon further investigation, there is substantial evidence of sick leave abuse by the employee. (b) Each officer and employee who is employed full time and who has accumulated the maximum number of allowable annual leave days shall have any additional leave days accrued in excess of the maximum amount transferred annually to the officer's or employee's credit as sick leave. (c) (1) The commissioner of human resources shall develop policies and procedures which shall allow for the transfer of sick leave between employees who are covered by this part. (2) Employees shall be members of the sick leave bank established in part 9 of this chapter to be eligible for a transfer of sick leave from another employee. (3) The commissioner shall establish one (1) open enrollment period for the sick leave bank following April 12, 1994, which shall be in addition to the enrollment period established in § 8-50-905(c) . Such open enrollment period shall not exceed sixty (60) days. Amended by 2023 Tenn. Acts, ch. 216, s 8, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 907, s 1, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 78, s 1, eff. 4/6/2015. Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., § 8-50-101 ; Acts 1994, ch. 755, § 1; 1996, ch. 590, § 1; 2007 , ch. 60; 2012 , ch. 800, § 49.
(a) (1) Sick leave may be granted: (A) To each officer and employee described in § 8-30-102(b)(1) who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of one (1) day for each month of service or major fraction thereof, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources; and (B) To each officer and employee other than as described in § 8-30-102(b)(1) who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of twelve (12) days per year on the date the employee is hired and on each service anniversary date for the employee, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. For purposes of this subdivision (a)(1)(B), service anniversary dates must be adjusted to account for gaps in paid employment as a state employee. (2) Sick leave shall be cumulative for all earned days not used. Saturdays, Sundays, and official holidays falling within a leave period shall not be charged as leave, unless such days are considered as work days for the employee in the employee's particular assignment. Part-time employees, employees holding temporary positions for less than six (6) months, seasonal employees, and emergency employees in the preferred service are expressly excluded from this subsection (a). (3) Sick leave may only be used for absence from duty because of illness or disability due to accident of employee, the employee's exposure to contagious diseases, or because of illness or death in the immediate family of the employee for such period as the attendance of the employee shall be necessary, except as hereinafter provided. (4) (A) A state employee may use sick leave and annual leave, as described in § 8-50-801 , for maternity or paternity leave for a period not to exceed the state employee's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less. In order to be eligible to use sick leave as maternity or paternity leave, the state employee must submit a written request therefor, together with a statement from the attending physician indicating the expected date of confinement, not later than the end of the fifth month of pregnancy. (B) As used in this subdivision (a)(4): (i) "Educator" has the same meaning as defined in § 49-5-204 ; and (ii) "State employee" means any person who is a state official, including members of the general assembly, the attorney general and reporter, district attorneys general, state judges, district public defenders, educators, any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal or other funds. "State employee" also means any person who is employed in the service of and whose compensation is payable by a public institution of higher education, or any person who is employed by a public institution of higher education whose compensation is paid in whole or in part from federal or other funds. (5) An employee may be required to present evidence in the form of personal affidavits, physicians' certificates, or other testimonials, at the request of the appointing authority or the commissioner of human resources, to support the reason for any absence during the time for which sick leave was taken. The appointing authority may not deny sick leave to any employee who furnishes a statement of a licensed physician or accredited Christian Science practitioner in support of the reason for the absence. However, the appointing authority may require additional documentation if, upon further investigation, there is substantial evidence of sick leave abuse by the employee.
(1) Sick leave may be granted: (A) To each officer and employee described in § 8-30-102(b)(1) who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of one (1) day for each month of service or major fraction thereof, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources; and (B) To each officer and employee other than as described in § 8-30-102(b)(1) who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of twelve (12) days per year on the date the employee is hired and on each service anniversary date for the employee, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. For purposes of this subdivision (a)(1)(B), service anniversary dates must be adjusted to account for gaps in paid employment as a state employee.
(A) To each officer and employee described in § 8-30-102(b)(1) who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of one (1) day for each month of service or major fraction thereof, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources; and
(B) To each officer and employee other than as described in § 8-30-102(b)(1) who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of twelve (12) days per year on the date the employee is hired and on each service anniversary date for the employee, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. For purposes of this subdivision (a)(1)(B), service anniversary dates must be adjusted to account for gaps in paid employment as a state employee.
(2) Sick leave shall be cumulative for all earned days not used. Saturdays, Sundays, and official holidays falling within a leave period shall not be charged as leave, unless such days are considered as work days for the employee in the employee's particular assignment. Part-time employees, employees holding temporary positions for less than six (6) months, seasonal employees, and emergency employees in the preferred service are expressly excluded from this subsection (a).
(3) Sick leave may only be used for absence from duty because of illness or disability due to accident of employee, the employee's exposure to contagious diseases, or because of illness or death in the immediate family of the employee for such period as the attendance of the employee shall be necessary, except as hereinafter provided.
(4) (A) A state employee may use sick leave and annual leave, as described in § 8-50-801 , for maternity or paternity leave for a period not to exceed the state employee's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less. In order to be eligible to use sick leave as maternity or paternity leave, the state employee must submit a written request therefor, together with a statement from the attending physician indicating the expected date of confinement, not later than the end of the fifth month of pregnancy. (B) As used in this subdivision (a)(4): (i) "Educator" has the same meaning as defined in § 49-5-204 ; and (ii) "State employee" means any person who is a state official, including members of the general assembly, the attorney general and reporter, district attorneys general, state judges, district public defenders, educators, any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal or other funds. "State employee" also means any person who is employed in the service of and whose compensation is payable by a public institution of higher education, or any person who is employed by a public institution of higher education whose compensation is paid in whole or in part from federal or other funds.
(A) A state employee may use sick leave and annual leave, as described in § 8-50-801 , for maternity or paternity leave for a period not to exceed the state employee's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less. In order to be eligible to use sick leave as maternity or paternity leave, the state employee must submit a written request therefor, together with a statement from the attending physician indicating the expected date of confinement, not later than the end of the fifth month of pregnancy.
(B) As used in this subdivision (a)(4): (i) "Educator" has the same meaning as defined in § 49-5-204 ; and (ii) "State employee" means any person who is a state official, including members of the general assembly, the attorney general and reporter, district attorneys general, state judges, district public defenders, educators, any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal or other funds. "State employee" also means any person who is employed in the service of and whose compensation is payable by a public institution of higher education, or any person who is employed by a public institution of higher education whose compensation is paid in whole or in part from federal or other funds.
(i) "Educator" has the same meaning as defined in § 49-5-204 ; and
(ii) "State employee" means any person who is a state official, including members of the general assembly, the attorney general and reporter, district attorneys general, state judges, district public defenders, educators, any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal or other funds. "State employee" also means any person who is employed in the service of and whose compensation is payable by a public institution of higher education, or any person who is employed by a public institution of higher education whose compensation is paid in whole or in part from federal or other funds.
(5) An employee may be required to present evidence in the form of personal affidavits, physicians' certificates, or other testimonials, at the request of the appointing authority or the commissioner of human resources, to support the reason for any absence during the time for which sick leave was taken. The appointing authority may not deny sick leave to any employee who furnishes a statement of a licensed physician or accredited Christian Science practitioner in support of the reason for the absence. However, the appointing authority may require additional documentation if, upon further investigation, there is substantial evidence of sick leave abuse by the employee.
(b) Each officer and employee who is employed full time and who has accumulated the maximum number of allowable annual leave days shall have any additional leave days accrued in excess of the maximum amount transferred annually to the officer's or employee's credit as sick leave.
(c) (1) The commissioner of human resources shall develop policies and procedures which shall allow for the transfer of sick leave between employees who are covered by this part. (2) Employees shall be members of the sick leave bank established in part 9 of this chapter to be eligible for a transfer of sick leave from another employee. (3) The commissioner shall establish one (1) open enrollment period for the sick leave bank following April 12, 1994, which shall be in addition to the enrollment period established in § 8-50-905(c) . Such open enrollment period shall not exceed sixty (60) days.
(1) The commissioner of human resources shall develop policies and procedures which shall allow for the transfer of sick leave between employees who are covered by this part.
(2) Employees shall be members of the sick leave bank established in part 9 of this chapter to be eligible for a transfer of sick leave from another employee.
(3) The commissioner shall establish one (1) open enrollment period for the sick leave bank following April 12, 1994, which shall be in addition to the enrollment period established in § 8-50-905(c) . Such open enrollment period shall not exceed sixty (60) days.
Amended by 2023 Tenn. Acts, ch. 216, s 8, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 907, s 1, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 78, s 1, eff. 4/6/2015.
Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., § 8-50-101 ; Acts 1994, ch. 755, § 1; 1996, ch. 590, § 1; 2007 , ch. 60; 2012 , ch. 800, § 49.
Tenn. Code Ann. § 8-34-612 — TN Code / Title 8 / Chapter 34 / Section 8-34-612
Certain six-month waiting periods
Status: in_force

(a) Any current member of the Tennessee consolidated retirement system who was employed by the state in a full-time position during the period of July 1, 1972, through June 30, 1973, and who was required by executive order or policy to wait six (6) months to participate in the state retirement system shall be given credit for such period of service; provided, that the member makes a lump sum payment of the contributions such member would have made had such member been a member of the retirement system. (b) Any current member of the retirement system who is employed in a full-time position by a political subdivision, participating in the retirement system pursuant to chapter 35, part 2 of this title, and who was required by policy to wait for a period not exceeding six (6) months prior to participating in the retirement system shall be entitled to retirement credit for such period of full-time service; provided, that: (1) The governing body at its option shall authorize by resolution and accept the liabilities for its employees to receive retirement credit for such service; and (2) The member makes a lump sum payment of the contributions such member would have made had such member been a member of the retirement system. Acts 1979, ch. 320, § 14; T.C.A., § 8-3904; Acts 1980, ch. 672, § 1; 1999, ch. 205, § 16.
(a) Any current member of the Tennessee consolidated retirement system who was employed by the state in a full-time position during the period of July 1, 1972, through June 30, 1973, and who was required by executive order or policy to wait six (6) months to participate in the state retirement system shall be given credit for such period of service; provided, that the member makes a lump sum payment of the contributions such member would have made had such member been a member of the retirement system.
(b) Any current member of the retirement system who is employed in a full-time position by a political subdivision, participating in the retirement system pursuant to chapter 35, part 2 of this title, and who was required by policy to wait for a period not exceeding six (6) months prior to participating in the retirement system shall be entitled to retirement credit for such period of full-time service; provided, that: (1) The governing body at its option shall authorize by resolution and accept the liabilities for its employees to receive retirement credit for such service; and (2) The member makes a lump sum payment of the contributions such member would have made had such member been a member of the retirement system.
(1) The governing body at its option shall authorize by resolution and accept the liabilities for its employees to receive retirement credit for such service; and
(2) The member makes a lump sum payment of the contributions such member would have made had such member been a member of the retirement system.
Acts 1979, ch. 320, § 14; T.C.A., § 8-3904; Acts 1980, ch. 672, § 1; 1999, ch. 205, § 16.
Tenn. Code Ann. § 8-34-322 — TN Code / Title 8 / Chapter 34 / Section 8-34-322
Executive committee of the board
Status: in_force

(a) There is established an executive committee of the board, which shall be composed of the state treasurer, the comptroller of the treasury, the secretary of state, one (1) board of trustees member appointed by the governor from among the board members who serve on the governor's cabinet, and three (3) additional board of trustees members selected by the entire board from among the employee or retiree board of trustees member representatives. The state treasurer shall also serve as chair of the executive committee, and the director of the division of retirement shall be the secretary to the committee. (b) (1) Notwithstanding this title to the contrary, the executive committee shall have the power to disapprove, modify or otherwise change any of the following actions taken by the full board when, in the committee's sole judgment, the disapproval, modification or change is in the best interest of the retirement system: (A) Establishing the terms of the investment policy for the assets of the retirement system; (B) Adopting mortality, service and other such tables for the retirement system; (C) Determining the rate or rates of regular interest for use in calculations relative to the retirement system; and (D) Determining the employer contribution rate for state employees and teachers. (2) If the executive committee does not disapprove, modify or otherwise change any such action taken by the full board within thirty (30) calendar days after the action is taken, then the action of the full board shall become effective as of the expiration of the thirty-day period. Notwithstanding this subdivision (b)(2), if the executive committee affirms the action of the full board prior to the expiration of the thirty-day period, then the action shall become effective upon the executive committee's affirmation. (c) The executive committee shall meet at such times as deemed necessary by the chair in order to perform its responsibilities under this section, and shall keep a record of all its proceedings, which shall be open to public inspection. A report of any actions taken by the executive committee shall be presented to the full board at the board's next regular meeting following the action taken by the committee. (d) No action of the executive committee shall be binding unless taken at a meeting at which at least four (4) members of the committee are present and vote in favor of the action. (e) Notwithstanding this title to the contrary, the executive committee shall have the power to commence litigation or any legal action on behalf of the retirement system. The executive committee shall also have the power to delegate to the state treasurer the authority to respond to, defend, direct the course of, and settle any litigation, legal action, or regulatory proceeding on behalf of the retirement system. The authority may include, but not be limited to, litigation holds, amending pleadings, engaging expert witnesses, discovery, motions, tolling agreements, settlement agreements, waivers, attachments, releases, and stipulations. Amended by 2015 Tenn. Acts, ch. 421,s 4, eff. 5/8/2015. Acts 2007, ch. 508, § 3; 2008, ch. 674, § 5.
(a) There is established an executive committee of the board, which shall be composed of the state treasurer, the comptroller of the treasury, the secretary of state, one (1) board of trustees member appointed by the governor from among the board members who serve on the governor's cabinet, and three (3) additional board of trustees members selected by the entire board from among the employee or retiree board of trustees member representatives. The state treasurer shall also serve as chair of the executive committee, and the director of the division of retirement shall be the secretary to the committee.
(b) (1) Notwithstanding this title to the contrary, the executive committee shall have the power to disapprove, modify or otherwise change any of the following actions taken by the full board when, in the committee's sole judgment, the disapproval, modification or change is in the best interest of the retirement system: (A) Establishing the terms of the investment policy for the assets of the retirement system; (B) Adopting mortality, service and other such tables for the retirement system; (C) Determining the rate or rates of regular interest for use in calculations relative to the retirement system; and (D) Determining the employer contribution rate for state employees and teachers. (2) If the executive committee does not disapprove, modify or otherwise change any such action taken by the full board within thirty (30) calendar days after the action is taken, then the action of the full board shall become effective as of the expiration of the thirty-day period. Notwithstanding this subdivision (b)(2), if the executive committee affirms the action of the full board prior to the expiration of the thirty-day period, then the action shall become effective upon the executive committee's affirmation.
(1) Notwithstanding this title to the contrary, the executive committee shall have the power to disapprove, modify or otherwise change any of the following actions taken by the full board when, in the committee's sole judgment, the disapproval, modification or change is in the best interest of the retirement system: (A) Establishing the terms of the investment policy for the assets of the retirement system; (B) Adopting mortality, service and other such tables for the retirement system; (C) Determining the rate or rates of regular interest for use in calculations relative to the retirement system; and (D) Determining the employer contribution rate for state employees and teachers.
(A) Establishing the terms of the investment policy for the assets of the retirement system;
(B) Adopting mortality, service and other such tables for the retirement system;
(C) Determining the rate or rates of regular interest for use in calculations relative to the retirement system; and
(D) Determining the employer contribution rate for state employees and teachers.
(2) If the executive committee does not disapprove, modify or otherwise change any such action taken by the full board within thirty (30) calendar days after the action is taken, then the action of the full board shall become effective as of the expiration of the thirty-day period. Notwithstanding this subdivision (b)(2), if the executive committee affirms the action of the full board prior to the expiration of the thirty-day period, then the action shall become effective upon the executive committee's affirmation.
(c) The executive committee shall meet at such times as deemed necessary by the chair in order to perform its responsibilities under this section, and shall keep a record of all its proceedings, which shall be open to public inspection. A report of any actions taken by the executive committee shall be presented to the full board at the board's next regular meeting following the action taken by the committee.
(d) No action of the executive committee shall be binding unless taken at a meeting at which at least four (4) members of the committee are present and vote in favor of the action.
(e) Notwithstanding this title to the contrary, the executive committee shall have the power to commence litigation or any legal action on behalf of the retirement system. The executive committee shall also have the power to delegate to the state treasurer the authority to respond to, defend, direct the course of, and settle any litigation, legal action, or regulatory proceeding on behalf of the retirement system. The authority may include, but not be limited to, litigation holds, amending pleadings, engaging expert witnesses, discovery, motions, tolling agreements, settlement agreements, waivers, attachments, releases, and stipulations.
Amended by 2015 Tenn. Acts, ch. 421,s 4, eff. 5/8/2015.
Acts 2007, ch. 508, § 3; 2008, ch. 674, § 5.
Tenn. Code Ann. § 8-37-105 — TN Code / Title 8 / Chapter 37 / Section 8-37-105
Powers of fund trustees
Status: in_force

Subject to the limitations in § 8-37-104 , the board, or its nominee, has full power to hold, purchase, sell, assign, transfer, or dispose of any of the securities or investments in which the funds created herein have been invested, including the purchasing and selling of stock options, as well as of the proceeds of such investments and any moneys belonging to such funds. Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(3).
Subject to the limitations in § 8-37-104 , the board, or its nominee, has full power to hold, purchase, sell, assign, transfer, or dispose of any of the securities or investments in which the funds created herein have been invested, including the purchasing and selling of stock options, as well as of the proceeds of such investments and any moneys belonging to such funds.
Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(3).
Tenn. Code Ann. § 8-37-202 — TN Code / Title 8 / Chapter 37 / Section 8-37-202
Rates of contribution
Status: in_force

(a) The rate of contribution payable by members shall be: (1) (A) In the case of a member in Group 1, five percent (5%) of the member's earnable compensation; (B) In the case of a member in Group 2, five and one-half percent (5.5%) of the member's earnable compensation; (C) In the case of a member in Group 3 or 4, five and one-half percent (5.5%) of the member's covered compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation; and (D) Notwithstanding any law to the contrary, a state judge participating in the retirement system as a Group 1 member may voluntarily elect to contribute five and one-half percent (5.5%) of the member's earnable compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation. It is further provided that prior to September 1, 1990, voluntary contributions under this subsection (a) will not be used to increase any benefits payable under chapters 34-37 of this title. Upon termination of membership, these voluntary contributions are refundable; (2) A member participating in the optional retirement program as provided under chapter 25, part 2 of this title shall contribute five percent (5%) of the member's covered compensation, plus five and one-half percent (5.5%) of the part of the member's earnable compensation in excess of the member's covered compensation; (3) An employee in the employ of a political subdivision or participating under chapter 35, part 2 of this title shall contribute: (A) In the case of Group 1 members, five percent (5%) of the member's covered compensation, plus five and one-half percent (5.5%) of the part of the member's earnable compensation in excess of the member's covered compensation; and (B) In the case of a Group 2 member, five and one-half percent (5.5%) of the member's covered compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation; (4) The governing body of a political subdivision may authorize by resolution and accept the liability for its employees to contribute: (A) In the case of a member in Group 1, five percent (5%) of the member's earnable compensation; and (B) In the case of a member in Group 2, five and one-half percent (5.5%) of the member's earnable compensation; (5) Notwithstanding any other provisions to the contrary, for all services rendered after September 1, 1974, the rate of contribution payable by a member of the superseded Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system and the Tennessee retirement system for county officials shall be eight percent (8%) of gross wages; (6) The county legislative body may, by resolution duly adopted, contribute for all eligible county officials up to three percent (3%) of the eight percent (8%) of gross wages specified by subdivision (a)(5) as contribution to the superseded Tennessee retirement system for county officials; and (7) For service rendered from and after July 1, 1989, the county legislative body of any political subdivision that has adopted the noncontributory provisions of § 8-34-206 may, by resolution duly adopted, assume the total amount of contributions required under this section for all eligible county officials and county judges participating in the Tennessee consolidated retirement system or a superseded retirement system. (b) A noncontributory member as defined in § 8-34-206 shall cease to make and have deducted from the noncontributory member's compensation employee contributions as required under this part; provided, that such contribution is not in excess of five percent (5%) of earnable compensation. A noncontributory member who was contributing at more than five percent (5%) prior to July 1, 1981, shall continue to make and have deducted from the noncontributory member's compensation the difference between the contribution rate applicable for the noncontributory member's group or classification and five percent (5%). The rates of contributions payable by a noncontributory member as defined by § 8-34-206 , shall be: (1) In the case of a Group 1 member or a transferred Class B member, zero percent (0%) of the member's earnable compensation; (2) In the case of a prior Class B member, two percent (2%) of the member's earnable compensation; (3) In the case of a prior Class C member, six and sixty-three hundredths percent (6.63%) of the member's earnable compensation; (4) In the case of a Group 2 member, one-half of one percent (0.5%) of the member's earnable compensation; (5) In the case of a Group 3 member who is a noncontributory member under § 8-34-206 , one-half of one percent (0.5%) of the member's covered compensation, plus two percent (2%) of the part of the member's earnable compensation in excess of the member's covered compensation; (6) In the case of a prior class public service commissioner, three percent (3%) of the member's earnable compensation; (7) In the case of a prior class member of the attorneys general retirement system presently employed by the executive branch of the state and compensated under the compensation plan administered by the department of human resources or employees of the general assembly who are classified under § 8-34-101 , three percent (3%) of the member's earnable compensation; and (8) In the case of a prior class member of the attorneys general retirement system who is a noncontributory member under § 8-34-206 , three percent (3%) of the member's earnable compensation. Amended by 2015 Tenn. Acts, ch. 118, s 15, eff. 4/10/2015. Acts 1972, ch. 814, § 8; 1974, ch. 788, § 4; 1976, ch. 604, § 2; T.C.A., § 8-3930(1); Acts 1980, ch. 654, § 4; 1981, ch. 508, § 12; 1982, ch. 571, §§ 4, 5; 1986, ch. 554, §§ 19, 20; 1986, ch. 665, §§ 3, 4; 1987, ch. 10, § 1; 1989, ch. 505, § 9; 1993, ch. 499, §§ 5, 6; 1999, ch. 205, § 20; 2007 , ch. 60.
(a) The rate of contribution payable by members shall be: (1) (A) In the case of a member in Group 1, five percent (5%) of the member's earnable compensation; (B) In the case of a member in Group 2, five and one-half percent (5.5%) of the member's earnable compensation; (C) In the case of a member in Group 3 or 4, five and one-half percent (5.5%) of the member's covered compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation; and (D) Notwithstanding any law to the contrary, a state judge participating in the retirement system as a Group 1 member may voluntarily elect to contribute five and one-half percent (5.5%) of the member's earnable compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation. It is further provided that prior to September 1, 1990, voluntary contributions under this subsection (a) will not be used to increase any benefits payable under chapters 34-37 of this title. Upon termination of membership, these voluntary contributions are refundable; (2) A member participating in the optional retirement program as provided under chapter 25, part 2 of this title shall contribute five percent (5%) of the member's covered compensation, plus five and one-half percent (5.5%) of the part of the member's earnable compensation in excess of the member's covered compensation; (3) An employee in the employ of a political subdivision or participating under chapter 35, part 2 of this title shall contribute: (A) In the case of Group 1 members, five percent (5%) of the member's covered compensation, plus five and one-half percent (5.5%) of the part of the member's earnable compensation in excess of the member's covered compensation; and (B) In the case of a Group 2 member, five and one-half percent (5.5%) of the member's covered compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation; (4) The governing body of a political subdivision may authorize by resolution and accept the liability for its employees to contribute: (A) In the case of a member in Group 1, five percent (5%) of the member's earnable compensation; and (B) In the case of a member in Group 2, five and one-half percent (5.5%) of the member's earnable compensation; (5) Notwithstanding any other provisions to the contrary, for all services rendered after September 1, 1974, the rate of contribution payable by a member of the superseded Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system and the Tennessee retirement system for county officials shall be eight percent (8%) of gross wages; (6) The county legislative body may, by resolution duly adopted, contribute for all eligible county officials up to three percent (3%) of the eight percent (8%) of gross wages specified by subdivision (a)(5) as contribution to the superseded Tennessee retirement system for county officials; and (7) For service rendered from and after July 1, 1989, the county legislative body of any political subdivision that has adopted the noncontributory provisions of § 8-34-206 may, by resolution duly adopted, assume the total amount of contributions required under this section for all eligible county officials and county judges participating in the Tennessee consolidated retirement system or a superseded retirement system.
(1) (A) In the case of a member in Group 1, five percent (5%) of the member's earnable compensation; (B) In the case of a member in Group 2, five and one-half percent (5.5%) of the member's earnable compensation; (C) In the case of a member in Group 3 or 4, five and one-half percent (5.5%) of the member's covered compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation; and (D) Notwithstanding any law to the contrary, a state judge participating in the retirement system as a Group 1 member may voluntarily elect to contribute five and one-half percent (5.5%) of the member's earnable compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation. It is further provided that prior to September 1, 1990, voluntary contributions under this subsection (a) will not be used to increase any benefits payable under chapters 34-37 of this title. Upon termination of membership, these voluntary contributions are refundable;
(A) In the case of a member in Group 1, five percent (5%) of the member's earnable compensation;
(B) In the case of a member in Group 2, five and one-half percent (5.5%) of the member's earnable compensation;
(C) In the case of a member in Group 3 or 4, five and one-half percent (5.5%) of the member's covered compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation; and
(D) Notwithstanding any law to the contrary, a state judge participating in the retirement system as a Group 1 member may voluntarily elect to contribute five and one-half percent (5.5%) of the member's earnable compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation. It is further provided that prior to September 1, 1990, voluntary contributions under this subsection (a) will not be used to increase any benefits payable under chapters 34-37 of this title. Upon termination of membership, these voluntary contributions are refundable;
(2) A member participating in the optional retirement program as provided under chapter 25, part 2 of this title shall contribute five percent (5%) of the member's covered compensation, plus five and one-half percent (5.5%) of the part of the member's earnable compensation in excess of the member's covered compensation;
(3) An employee in the employ of a political subdivision or participating under chapter 35, part 2 of this title shall contribute: (A) In the case of Group 1 members, five percent (5%) of the member's covered compensation, plus five and one-half percent (5.5%) of the part of the member's earnable compensation in excess of the member's covered compensation; and (B) In the case of a Group 2 member, five and one-half percent (5.5%) of the member's covered compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation;
(A) In the case of Group 1 members, five percent (5%) of the member's covered compensation, plus five and one-half percent (5.5%) of the part of the member's earnable compensation in excess of the member's covered compensation; and
(B) In the case of a Group 2 member, five and one-half percent (5.5%) of the member's covered compensation, plus seven percent (7%) of the part of the member's earnable compensation in excess of the member's covered compensation;
(4) The governing body of a political subdivision may authorize by resolution and accept the liability for its employees to contribute: (A) In the case of a member in Group 1, five percent (5%) of the member's earnable compensation; and (B) In the case of a member in Group 2, five and one-half percent (5.5%) of the member's earnable compensation;
(A) In the case of a member in Group 1, five percent (5%) of the member's earnable compensation; and
(B) In the case of a member in Group 2, five and one-half percent (5.5%) of the member's earnable compensation;
(5) Notwithstanding any other provisions to the contrary, for all services rendered after September 1, 1974, the rate of contribution payable by a member of the superseded Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system and the Tennessee retirement system for county officials shall be eight percent (8%) of gross wages;
(6) The county legislative body may, by resolution duly adopted, contribute for all eligible county officials up to three percent (3%) of the eight percent (8%) of gross wages specified by subdivision (a)(5) as contribution to the superseded Tennessee retirement system for county officials; and
(7) For service rendered from and after July 1, 1989, the county legislative body of any political subdivision that has adopted the noncontributory provisions of § 8-34-206 may, by resolution duly adopted, assume the total amount of contributions required under this section for all eligible county officials and county judges participating in the Tennessee consolidated retirement system or a superseded retirement system.
(b) A noncontributory member as defined in § 8-34-206 shall cease to make and have deducted from the noncontributory member's compensation employee contributions as required under this part; provided, that such contribution is not in excess of five percent (5%) of earnable compensation. A noncontributory member who was contributing at more than five percent (5%) prior to July 1, 1981, shall continue to make and have deducted from the noncontributory member's compensation the difference between the contribution rate applicable for the noncontributory member's group or classification and five percent (5%). The rates of contributions payable by a noncontributory member as defined by § 8-34-206 , shall be: (1) In the case of a Group 1 member or a transferred Class B member, zero percent (0%) of the member's earnable compensation; (2) In the case of a prior Class B member, two percent (2%) of the member's earnable compensation; (3) In the case of a prior Class C member, six and sixty-three hundredths percent (6.63%) of the member's earnable compensation; (4) In the case of a Group 2 member, one-half of one percent (0.5%) of the member's earnable compensation; (5) In the case of a Group 3 member who is a noncontributory member under § 8-34-206 , one-half of one percent (0.5%) of the member's covered compensation, plus two percent (2%) of the part of the member's earnable compensation in excess of the member's covered compensation; (6) In the case of a prior class public service commissioner, three percent (3%) of the member's earnable compensation; (7) In the case of a prior class member of the attorneys general retirement system presently employed by the executive branch of the state and compensated under the compensation plan administered by the department of human resources or employees of the general assembly who are classified under § 8-34-101 , three percent (3%) of the member's earnable compensation; and (8) In the case of a prior class member of the attorneys general retirement system who is a noncontributory member under § 8-34-206 , three percent (3%) of the member's earnable compensation.
(1) In the case of a Group 1 member or a transferred Class B member, zero percent (0%) of the member's earnable compensation;
(2) In the case of a prior Class B member, two percent (2%) of the member's earnable compensation;
(3) In the case of a prior Class C member, six and sixty-three hundredths percent (6.63%) of the member's earnable compensation;
(4) In the case of a Group 2 member, one-half of one percent (0.5%) of the member's earnable compensation;
(5) In the case of a Group 3 member who is a noncontributory member under § 8-34-206 , one-half of one percent (0.5%) of the member's covered compensation, plus two percent (2%) of the part of the member's earnable compensation in excess of the member's covered compensation;
(6) In the case of a prior class public service commissioner, three percent (3%) of the member's earnable compensation;
(7) In the case of a prior class member of the attorneys general retirement system presently employed by the executive branch of the state and compensated under the compensation plan administered by the department of human resources or employees of the general assembly who are classified under § 8-34-101 , three percent (3%) of the member's earnable compensation; and
(8) In the case of a prior class member of the attorneys general retirement system who is a noncontributory member under § 8-34-206 , three percent (3%) of the member's earnable compensation.
Amended by 2015 Tenn. Acts, ch. 118, s 15, eff. 4/10/2015.
Acts 1972, ch. 814, § 8; 1974, ch. 788, § 4; 1976, ch. 604, § 2; T.C.A., § 8-3930(1); Acts 1980, ch. 654, § 4; 1981, ch. 508, § 12; 1982, ch. 571, §§ 4, 5; 1986, ch. 554, §§ 19, 20; 1986, ch. 665, §§ 3, 4; 1987, ch. 10, § 1; 1989, ch. 505, § 9; 1993, ch. 499, §§ 5, 6; 1999, ch. 205, § 20; 2007 , ch. 60.
Tenn. Code Ann. § 8-19-417 — TN Code / Title 8 / Chapter 19 / Section 8-19-417
Sureties' remedies
Status: in_force

Whenever the sureties on either bond, in such cases, have made any payments thereon on account of their principal, they are entitled to the same remedies and recoveries against the sureties in all the bonds executed at the time of default as provided in § 8-19-408 . Code 1858, § 793; Shan., § 1114; Code 1932, § 1856; T.C.A. (orig. ed.), § 8-1951.
Whenever the sureties on either bond, in such cases, have made any payments thereon on account of their principal, they are entitled to the same remedies and recoveries against the sureties in all the bonds executed at the time of default as provided in § 8-19-408 .
Code 1858, § 793; Shan., § 1114; Code 1932, § 1856; T.C.A. (orig. ed.), § 8-1951.
Tenn. Code Ann. § 8-16-107 — TN Code / Title 8 / Chapter 16 / Section 8-16-107
Delivery of commission - Clerk's record
Status: in_force

The county clerk shall not deliver the commission until the person elected has taken the oath and executed the bond, as required. The county clerk shall make a record of the date of the issuance and the expiration of the commission, noting the same on the bond executed by the notary public and also in the minute entry showing the notary's qualification as such notary public. Acts 1925, ch. 79, § 3; Shan. Supp., § 3199a1; mod. Code 1932, § 5900; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1607.
The county clerk shall not deliver the commission until the person elected has taken the oath and executed the bond, as required. The county clerk shall make a record of the date of the issuance and the expiration of the commission, noting the same on the bond executed by the notary public and also in the minute entry showing the notary's qualification as such notary public.
Acts 1925, ch. 79, § 3; Shan. Supp., § 3199a1; mod. Code 1932, § 5900; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-1607.
Tenn. Code Ann. § 8-7-201 — TN Code / Title 8 / Chapter 7 / Section 8-7-201
Salaries of criminal investigators and assistant district attorneys general
Status: in_force

(a) (1) All criminal investigators hired prior to July 1, 1994, shall be compensated according to the following schedule: Entry level.................... $34,128 after five (5) years.................... $35,832 after ten (10) years.................... $37,536 after fourteen (14) years.................... $37,824 after sixteen (16) years.................... $39,924 after eighteen (18) years.................... $42,024 after twenty (20) years.................... $44,124 (2) Investigators compensated in the salary schedule in subdivision (a)(1) shall be classified as simply criminal investigators until reaching the five-year level, senior criminal investigators after reaching the five-year level, and chief criminal investigators after reaching the ten-year level. (3) On July 1, 1997, and each subsequent July 1, the salary levels for criminal investigators in subdivision (a)(1) shall be increased by such percentage amount as shall be fixed by the general assembly in the General Appropriations Act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. (4) Notwithstanding subdivisions (a)(1) and (2), if a district attorney general having a vacant criminal investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district attorney general, the appointee may, on the recommendation of the hiring district attorney general and with the approval of the executive committee of the Tennessee district attorneys general conference, be compensated as an assistant district attorney general as provided for in subsections (d) and (e). (b) Certain Assistant District Attorneys General. (1) All assistant district attorneys general shall receive from the state a salary of twenty-five thousand dollars ($25,000) per annum, payable out of the state treasury upon the warrant of the commissioner of finance and administration. (2) Any and each assistant district attorney general who shall file with the commissioner of finance and administration a signed and sworn affidavit of intent approved by the district attorney general of the district, stating that such assistant district attorney general will devote full time to the duties as such assistant district attorney general and will not actively engage in the practice of law in any of the civil courts of the state of Tennessee or any other state, unless such practice involves the official duties of the office of attorney general or district attorney general, shall be designated, for the purposes of this section, a full-time assistant district attorney general and shall receive from the state an amount per annum equal to fifty-five percent (55%) of the annual compensation of a district attorney general, payable monthly out of the treasury of the state upon the warrant of the commissioner of finance and administration. (3) Nothing in this section shall be construed as prohibiting any assistant district attorney general from concluding any litigation which such assistant district attorney general had pending prior to appointment as a full-time assistant district attorney general. (4) Notwithstanding the foregoing language, in furtherance of the goal of developing a corps of capable and experienced full-time prosecuting attorneys throughout the state, and thus enhancing the state's ability to cope with recent increases in crime and criminal activity in the state, each full-time assistant district attorney general who has served or has received credit for serving one (1) or more years as a full-time assistant district attorney general shall receive from the state a salary according to the schedule hereinafter set out, payable monthly out of the treasury of the state upon warrant of the commissioner of finance and administration: (A) After one (1) year's service .................... an amount per annum equal to sixty percent (60%) of the annual compensation of a district attorney general; (B) After two (2) years' service .................... an amount per annum equal to sixty-five percent (65%) of the annual compensation of a district attorney general; (C) After three (3) years' service .................... an amount per annum equal to seventy percent (70%) of the annual compensation of a district attorney general; (D) After four (4) years' service .................... an amount per annum equal to seventy-five percent (75%) of the annual compensation of a district attorney general; (E) After five (5) years' service .................... an amount per annum equal to eighty percent (80%) of the annual compensation of a district attorney general; (F) After six (6) years' service .................... an amount per annum equal to eighty-five percent (85%) of the annual compensation of a district attorney general; (5) Compensation computed pursuant to the salary schedule in subdivision (b)(4) shall be recomputed on July 1 of each year, beginning July 1, 1973, to allow for the adjustments in the compensation of district attorneys general as provided in § 8-23-101 ; provided, that no salary or level of compensation for a district attorney general or a full-time assistant district attorney general, once set, shall be reduced by reason of any subsequent adjustment pursuant to § 8-23-101 . (6) In computing the number of years' service pursuant to the salary schedule in subdivision (b)(4), any full-time assistant district attorney general who has previous experience as an assistant district attorney general or as a district attorney general and signs the affidavit mentioned in subdivision (b)(2) shall receive credit for one (1) year's service for each two (2) year's part-time experience. (7) In computing the number of years' service pursuant to the salary schedule in subdivision (b)(4): (A) Any assistant district attorney general who has previous experience as an assistant state attorney general or as a district attorney general shall receive full credit for such experience; (B) Any assistant district attorney general who has been employed in full-time service on the staff of a district attorney general as an attorney representing the state before the courts of the state since July 1, 1969, irrespective of the title or position held and irrespective of the source of funds from which such attorney was compensated, shall receive full credit for such experience; (C) Any assistant district attorney general who has previous experience as a law clerk with the supreme court of the state, or service in the field of criminal law with the United States department of justice, or service in the field of criminal law as a special agent or a criminal investigator employed by the state or a district attorney general, shall receive full credit for such experience; (D) Any assistant district attorney general, who has previous experience as a commissioned officer, working as a military attorney in the field of criminal law while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall receive full credit for such period of active duty military criminal law experience as supported by sworn affidavit; (E) Any assistant district attorney general who has previous experience as counsel with the public service commission, the Tennessee public utility commission, or the Tennessee regulatory authority shall receive full credit for such experience; (F) Any assistant district attorney general who has previous experience with the Tennessee toxicology laboratory and/or the Tennessee crime laboratory shall receive full credit for such experience; and (G) Any assistant district attorney general who has previous experience as a full-time salaried law enforcement officer shall receive full credit for such experience. (c) (1) Compensation computed pursuant to the salary schedule shall be recomputed on July 1 of each year to allow for any adjustments in the compensation of district attorneys general. (2) In computing the number of years of service under the salary scale applicable to full-time assistants employed after June 30, 1980, credit may be given for an assistant's prior experience as a licensed attorney, full-time, salaried law enforcement officer or criminal investigator for such district attorney general. Such credit shall be given only upon the recommendation of the district attorney general making the appointment and the approval of the executive committee of the district attorneys general conference, and may be for any period of time up to, but not exceeding, the assistant's experience as a licensed attorney or criminal investigator. (d) Certain Assistant District Attorneys General Employed After January 1, 1989. Notwithstanding the foregoing language, any assistant district attorney general employed after January 1, 1989, who shall file the affidavit provided for in subdivision (b)(2) shall be compensated as provided for in subsection (c), except for the substitution of the following salary scale for that in subsection (c): (1) Less than one (1) year of satisfactory service .................... an amount per annum equal to fifty percent (50%) of the annual compensation of a district attorney general; (2) After one (1) year of satisfactory service .................... an amount per annum equal to fifty-five percent (55%) of the annual compensation of a district attorney general; (3) After two (2) years of satisfactory service .................... an amount per annum equal to sixty percent (60%) of the annual compensation of a district attorney general; (4) After three (3) years of satisfactory service .................... an amount per annum equal to sixty-five percent (65%) of the annual compensation of a district attorney general; (5) After four (4) years of satisfactory service .................... an amount per annum equal to seventy percent (70%) of the annual compensation of a district attorney general; (6) After five (5) years of satisfactory service .................... an amount per annum equal to seventy-five percent (75%) of the annual compensation of a district attorney general; (7) After six (6) years of satisfactory service .................... an amount per annum equal to eighty percent (80%) of the annual compensation of a district attorney general; (8) After seven (7) years of satisfactory service .................... an amount per annum equal to eighty-five percent (85%) of the annual compensation of a district attorney general; (e) (1) Notwithstanding the foregoing, on and after July 1, 1991, any full-time assistant district attorney no longer eligible for step increases under this section who has at least twelve (12) years of credited service as an assistant district attorney general in Tennessee shall be compensated according to the following schedule of such credited service: (A) At least twelve (12) years, but less than sixteen (16) years, an amount per annum equal to eighty percent (80%) of the credited annual compensation of a district attorney general in effect on July 1, 2006; (B) At least sixteen (16) years, but less than twenty (20) years, an amount per annum equal to eighty-two and one-half percent (82.5%) of the credited annual compensation of a district attorney general in effect on July 1, 2006; or (C) Twenty (20) or more years, eighty-five percent (85%) of the credited annual compensation of a district attorney general in effect on July 1, 2006. (2) Compensation computed pursuant to the above schedule shall be recomputed annually, based on the salary of the district attorney general on July 1, 2006, and adjusted annually to reflect the average percentage pay increase provided for state employees by the general appropriations act. For purposes of this subsection (e), in computing annual salary increases that are tied to salary increases appropriated to state employees, it is the intention of the general assembly that the increases are to be based solely on the specific percentage increase granted by the general appropriations act to all general state employees. Adjustments to annual salary increases as provided for in this subsection (e) that are tied to salary increases of state employees are not to be adjusted on the basis of any class compensation efforts, class compression efforts, or any other method of salary adjustments. (3) On July 1, 2006, and annually on each succeeding July 1, the executive director of the district attorneys general conference shall reclassify into the salary schedule set forth in § 8-7-226 any employee who was hired prior to July 1, 1994, and has more than twenty (20) years of credited service as an assistant district attorney general. (f) In computing the number of years' service pursuant to this section, a criminal investigator or an assistant district attorney general shall receive full credit for experience in serving as a full-time member of any board or commission of the state which administers the laws relative to corrections and paroles and supervises investigations pursuant to such laws and whose members are appointed by the governor. (g) Implementation of salary increases pursuant to the pay schedules prescribed in this section shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to pay schedules prescribed in this section shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010. (h) The salary increases prescribed in subsections (b)-(e) and suspended by subsection (g) for the period July 1, 2003, through June 30, 2004, and the period July 1, 2009, through June 30, 2010, are reinstated effective July 1, 2019. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, and the time period of July 1, 2009, through June 30, 2010, is included. Amended by 2019 Tenn. Acts, ch. 202, s 2, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 94, s 26, eff. 4/4/2017. Acts 1957, ch. 184, § 1; impl. am. Acts 1959, ch. 9, § 3; Acts 1959, ch. 98, § 1; impl. am. Acts 1961, ch. 97, § 3; Acts 1963, ch. 252, §§ 1, 2; 1967, ch. 147, § 1; 1970, ch. 470, §§ 1, 2; 1971, ch. 240, § 1; 1972, ch. 544, § 1; 1972, ch. 657, § 1; 1973, ch. 47, § 1; 1974, ch. 553, § 1; 1974, ch. 584, § 1; 1974, ch. 689, § 1; 1974, ch. 691, § 1; 1974, ch. 728, § 1; 1976, ch. 744, § 1; 1977, ch. 156, § 1; T.C.A., § 8-708; Acts 1980, ch. 890, §§ 1, 2; 1981, ch. 52, §§ 1-3; 1981, ch. 480, §§ 1, 2; 1982, ch. 851, §§ 2, 3; 1986, ch. 515, § 1; 1989, ch. 166, § 1; 1990, ch. 652, § 1; 1990, ch. 892, § 1; 1990, ch. 1032, § 2; 1992, ch. 959, §§ 1, 2; 1995, ch. 305, § 89; 1997 , ch. 282, § 1; 2003 , ch. 355, § 3; 2006, ch. 832, § 1; 2006, ch. 987, §§ 2, 4, 5; 2007 , ch. 361, § 3; 2009 , ch. 531, § 21.
(a) (1) All criminal investigators hired prior to July 1, 1994, shall be compensated according to the following schedule: Entry level.................... $34,128 after five (5) years.................... $35,832 after ten (10) years.................... $37,536 after fourteen (14) years.................... $37,824 after sixteen (16) years.................... $39,924 after eighteen (18) years.................... $42,024 after twenty (20) years.................... $44,124 (2) Investigators compensated in the salary schedule in subdivision (a)(1) shall be classified as simply criminal investigators until reaching the five-year level, senior criminal investigators after reaching the five-year level, and chief criminal investigators after reaching the ten-year level. (3) On July 1, 1997, and each subsequent July 1, the salary levels for criminal investigators in subdivision (a)(1) shall be increased by such percentage amount as shall be fixed by the general assembly in the General Appropriations Act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees. (4) Notwithstanding subdivisions (a)(1) and (2), if a district attorney general having a vacant criminal investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district attorney general, the appointee may, on the recommendation of the hiring district attorney general and with the approval of the executive committee of the Tennessee district attorneys general conference, be compensated as an assistant district attorney general as provided for in subsections (d) and (e).
(1) All criminal investigators hired prior to July 1, 1994, shall be compensated according to the following schedule: Entry level.................... $34,128 after five (5) years.................... $35,832 after ten (10) years.................... $37,536 after fourteen (14) years.................... $37,824 after sixteen (16) years.................... $39,924 after eighteen (18) years.................... $42,024 after twenty (20) years.................... $44,124
Entry level.................... $34,128 after five (5) years.................... $35,832 after ten (10) years.................... $37,536 after fourteen (14) years.................... $37,824 after sixteen (16) years.................... $39,924 after eighteen (18) years.................... $42,024 after twenty (20) years.................... $44,124
Entry level....................
$34,128
after five (5) years....................
$35,832
after ten (10) years....................
$37,536
after fourteen (14) years....................
$37,824
after sixteen (16) years....................
$39,924
after eighteen (18) years....................
$42,024
after twenty (20) years....................
$44,124
(2) Investigators compensated in the salary schedule in subdivision (a)(1) shall be classified as simply criminal investigators until reaching the five-year level, senior criminal investigators after reaching the five-year level, and chief criminal investigators after reaching the ten-year level.
(3) On July 1, 1997, and each subsequent July 1, the salary levels for criminal investigators in subdivision (a)(1) shall be increased by such percentage amount as shall be fixed by the general assembly in the General Appropriations Act. For the purpose of budget preparation, it shall be presumed that such percentage amount shall be the same as that received by other state employees.
(4) Notwithstanding subdivisions (a)(1) and (2), if a district attorney general having a vacant criminal investigator position appoints a licensed attorney to that position and designates that person to serve as an assistant district attorney general, the appointee may, on the recommendation of the hiring district attorney general and with the approval of the executive committee of the Tennessee district attorneys general conference, be compensated as an assistant district attorney general as provided for in subsections (d) and (e).
(b) Certain Assistant District Attorneys General. (1) All assistant district attorneys general shall receive from the state a salary of twenty-five thousand dollars ($25,000) per annum, payable out of the state treasury upon the warrant of the commissioner of finance and administration. (2) Any and each assistant district attorney general who shall file with the commissioner of finance and administration a signed and sworn affidavit of intent approved by the district attorney general of the district, stating that such assistant district attorney general will devote full time to the duties as such assistant district attorney general and will not actively engage in the practice of law in any of the civil courts of the state of Tennessee or any other state, unless such practice involves the official duties of the office of attorney general or district attorney general, shall be designated, for the purposes of this section, a full-time assistant district attorney general and shall receive from the state an amount per annum equal to fifty-five percent (55%) of the annual compensation of a district attorney general, payable monthly out of the treasury of the state upon the warrant of the commissioner of finance and administration. (3) Nothing in this section shall be construed as prohibiting any assistant district attorney general from concluding any litigation which such assistant district attorney general had pending prior to appointment as a full-time assistant district attorney general. (4) Notwithstanding the foregoing language, in furtherance of the goal of developing a corps of capable and experienced full-time prosecuting attorneys throughout the state, and thus enhancing the state's ability to cope with recent increases in crime and criminal activity in the state, each full-time assistant district attorney general who has served or has received credit for serving one (1) or more years as a full-time assistant district attorney general shall receive from the state a salary according to the schedule hereinafter set out, payable monthly out of the treasury of the state upon warrant of the commissioner of finance and administration: (A) After one (1) year's service .................... an amount per annum equal to sixty percent (60%) of the annual compensation of a district attorney general; (B) After two (2) years' service .................... an amount per annum equal to sixty-five percent (65%) of the annual compensation of a district attorney general; (C) After three (3) years' service .................... an amount per annum equal to seventy percent (70%) of the annual compensation of a district attorney general; (D) After four (4) years' service .................... an amount per annum equal to seventy-five percent (75%) of the annual compensation of a district attorney general; (E) After five (5) years' service .................... an amount per annum equal to eighty percent (80%) of the annual compensation of a district attorney general; (F) After six (6) years' service .................... an amount per annum equal to eighty-five percent (85%) of the annual compensation of a district attorney general; (5) Compensation computed pursuant to the salary schedule in subdivision (b)(4) shall be recomputed on July 1 of each year, beginning July 1, 1973, to allow for the adjustments in the compensation of district attorneys general as provided in § 8-23-101 ; provided, that no salary or level of compensation for a district attorney general or a full-time assistant district attorney general, once set, shall be reduced by reason of any subsequent adjustment pursuant to § 8-23-101 . (6) In computing the number of years' service pursuant to the salary schedule in subdivision (b)(4), any full-time assistant district attorney general who has previous experience as an assistant district attorney general or as a district attorney general and signs the affidavit mentioned in subdivision (b)(2) shall receive credit for one (1) year's service for each two (2) year's part-time experience. (7) In computing the number of years' service pursuant to the salary schedule in subdivision (b)(4): (A) Any assistant district attorney general who has previous experience as an assistant state attorney general or as a district attorney general shall receive full credit for such experience; (B) Any assistant district attorney general who has been employed in full-time service on the staff of a district attorney general as an attorney representing the state before the courts of the state since July 1, 1969, irrespective of the title or position held and irrespective of the source of funds from which such attorney was compensated, shall receive full credit for such experience; (C) Any assistant district attorney general who has previous experience as a law clerk with the supreme court of the state, or service in the field of criminal law with the United States department of justice, or service in the field of criminal law as a special agent or a criminal investigator employed by the state or a district attorney general, shall receive full credit for such experience; (D) Any assistant district attorney general, who has previous experience as a commissioned officer, working as a military attorney in the field of criminal law while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall receive full credit for such period of active duty military criminal law experience as supported by sworn affidavit; (E) Any assistant district attorney general who has previous experience as counsel with the public service commission, the Tennessee public utility commission, or the Tennessee regulatory authority shall receive full credit for such experience; (F) Any assistant district attorney general who has previous experience with the Tennessee toxicology laboratory and/or the Tennessee crime laboratory shall receive full credit for such experience; and (G) Any assistant district attorney general who has previous experience as a full-time salaried law enforcement officer shall receive full credit for such experience.
(1) All assistant district attorneys general shall receive from the state a salary of twenty-five thousand dollars ($25,000) per annum, payable out of the state treasury upon the warrant of the commissioner of finance and administration.
(2) Any and each assistant district attorney general who shall file with the commissioner of finance and administration a signed and sworn affidavit of intent approved by the district attorney general of the district, stating that such assistant district attorney general will devote full time to the duties as such assistant district attorney general and will not actively engage in the practice of law in any of the civil courts of the state of Tennessee or any other state, unless such practice involves the official duties of the office of attorney general or district attorney general, shall be designated, for the purposes of this section, a full-time assistant district attorney general and shall receive from the state an amount per annum equal to fifty-five percent (55%) of the annual compensation of a district attorney general, payable monthly out of the treasury of the state upon the warrant of the commissioner of finance and administration.
(3) Nothing in this section shall be construed as prohibiting any assistant district attorney general from concluding any litigation which such assistant district attorney general had pending prior to appointment as a full-time assistant district attorney general.
(4) Notwithstanding the foregoing language, in furtherance of the goal of developing a corps of capable and experienced full-time prosecuting attorneys throughout the state, and thus enhancing the state's ability to cope with recent increases in crime and criminal activity in the state, each full-time assistant district attorney general who has served or has received credit for serving one (1) or more years as a full-time assistant district attorney general shall receive from the state a salary according to the schedule hereinafter set out, payable monthly out of the treasury of the state upon warrant of the commissioner of finance and administration: (A) After one (1) year's service .................... an amount per annum equal to sixty percent (60%) of the annual compensation of a district attorney general; (B) After two (2) years' service .................... an amount per annum equal to sixty-five percent (65%) of the annual compensation of a district attorney general; (C) After three (3) years' service .................... an amount per annum equal to seventy percent (70%) of the annual compensation of a district attorney general; (D) After four (4) years' service .................... an amount per annum equal to seventy-five percent (75%) of the annual compensation of a district attorney general; (E) After five (5) years' service .................... an amount per annum equal to eighty percent (80%) of the annual compensation of a district attorney general; (F) After six (6) years' service .................... an amount per annum equal to eighty-five percent (85%) of the annual compensation of a district attorney general;
(A) After one (1) year's service .................... an amount per annum equal to sixty percent (60%) of the annual compensation of a district attorney general;
(B) After two (2) years' service .................... an amount per annum equal to sixty-five percent (65%) of the annual compensation of a district attorney general;
(C) After three (3) years' service .................... an amount per annum equal to seventy percent (70%) of the annual compensation of a district attorney general;
(D) After four (4) years' service .................... an amount per annum equal to seventy-five percent (75%) of the annual compensation of a district attorney general;
(E) After five (5) years' service .................... an amount per annum equal to eighty percent (80%) of the annual compensation of a district attorney general;
(F) After six (6) years' service .................... an amount per annum equal to eighty-five percent (85%) of the annual compensation of a district attorney general;
(5) Compensation computed pursuant to the salary schedule in subdivision (b)(4) shall be recomputed on July 1 of each year, beginning July 1, 1973, to allow for the adjustments in the compensation of district attorneys general as provided in § 8-23-101 ; provided, that no salary or level of compensation for a district attorney general or a full-time assistant district attorney general, once set, shall be reduced by reason of any subsequent adjustment pursuant to § 8-23-101 .
(6) In computing the number of years' service pursuant to the salary schedule in subdivision (b)(4), any full-time assistant district attorney general who has previous experience as an assistant district attorney general or as a district attorney general and signs the affidavit mentioned in subdivision (b)(2) shall receive credit for one (1) year's service for each two (2) year's part-time experience.
(7) In computing the number of years' service pursuant to the salary schedule in subdivision (b)(4): (A) Any assistant district attorney general who has previous experience as an assistant state attorney general or as a district attorney general shall receive full credit for such experience; (B) Any assistant district attorney general who has been employed in full-time service on the staff of a district attorney general as an attorney representing the state before the courts of the state since July 1, 1969, irrespective of the title or position held and irrespective of the source of funds from which such attorney was compensated, shall receive full credit for such experience; (C) Any assistant district attorney general who has previous experience as a law clerk with the supreme court of the state, or service in the field of criminal law with the United States department of justice, or service in the field of criminal law as a special agent or a criminal investigator employed by the state or a district attorney general, shall receive full credit for such experience; (D) Any assistant district attorney general, who has previous experience as a commissioned officer, working as a military attorney in the field of criminal law while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall receive full credit for such period of active duty military criminal law experience as supported by sworn affidavit; (E) Any assistant district attorney general who has previous experience as counsel with the public service commission, the Tennessee public utility commission, or the Tennessee regulatory authority shall receive full credit for such experience; (F) Any assistant district attorney general who has previous experience with the Tennessee toxicology laboratory and/or the Tennessee crime laboratory shall receive full credit for such experience; and (G) Any assistant district attorney general who has previous experience as a full-time salaried law enforcement officer shall receive full credit for such experience.
(A) Any assistant district attorney general who has previous experience as an assistant state attorney general or as a district attorney general shall receive full credit for such experience;
(B) Any assistant district attorney general who has been employed in full-time service on the staff of a district attorney general as an attorney representing the state before the courts of the state since July 1, 1969, irrespective of the title or position held and irrespective of the source of funds from which such attorney was compensated, shall receive full credit for such experience;
(C) Any assistant district attorney general who has previous experience as a law clerk with the supreme court of the state, or service in the field of criminal law with the United States department of justice, or service in the field of criminal law as a special agent or a criminal investigator employed by the state or a district attorney general, shall receive full credit for such experience;
(D) Any assistant district attorney general, who has previous experience as a commissioned officer, working as a military attorney in the field of criminal law while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall receive full credit for such period of active duty military criminal law experience as supported by sworn affidavit;
(E) Any assistant district attorney general who has previous experience as counsel with the public service commission, the Tennessee public utility commission, or the Tennessee regulatory authority shall receive full credit for such experience;
(F) Any assistant district attorney general who has previous experience with the Tennessee toxicology laboratory and/or the Tennessee crime laboratory shall receive full credit for such experience; and
(G) Any assistant district attorney general who has previous experience as a full-time salaried law enforcement officer shall receive full credit for such experience.
(c) (1) Compensation computed pursuant to the salary schedule shall be recomputed on July 1 of each year to allow for any adjustments in the compensation of district attorneys general. (2) In computing the number of years of service under the salary scale applicable to full-time assistants employed after June 30, 1980, credit may be given for an assistant's prior experience as a licensed attorney, full-time, salaried law enforcement officer or criminal investigator for such district attorney general. Such credit shall be given only upon the recommendation of the district attorney general making the appointment and the approval of the executive committee of the district attorneys general conference, and may be for any period of time up to, but not exceeding, the assistant's experience as a licensed attorney or criminal investigator.
(1) Compensation computed pursuant to the salary schedule shall be recomputed on July 1 of each year to allow for any adjustments in the compensation of district attorneys general.
(2) In computing the number of years of service under the salary scale applicable to full-time assistants employed after June 30, 1980, credit may be given for an assistant's prior experience as a licensed attorney, full-time, salaried law enforcement officer or criminal investigator for such district attorney general. Such credit shall be given only upon the recommendation of the district attorney general making the appointment and the approval of the executive committee of the district attorneys general conference, and may be for any period of time up to, but not exceeding, the assistant's experience as a licensed attorney or criminal investigator.
(d) Certain Assistant District Attorneys General Employed After January 1, 1989. Notwithstanding the foregoing language, any assistant district attorney general employed after January 1, 1989, who shall file the affidavit provided for in subdivision (b)(2) shall be compensated as provided for in subsection (c), except for the substitution of the following salary scale for that in subsection (c): (1) Less than one (1) year of satisfactory service .................... an amount per annum equal to fifty percent (50%) of the annual compensation of a district attorney general; (2) After one (1) year of satisfactory service .................... an amount per annum equal to fifty-five percent (55%) of the annual compensation of a district attorney general; (3) After two (2) years of satisfactory service .................... an amount per annum equal to sixty percent (60%) of the annual compensation of a district attorney general; (4) After three (3) years of satisfactory service .................... an amount per annum equal to sixty-five percent (65%) of the annual compensation of a district attorney general; (5) After four (4) years of satisfactory service .................... an amount per annum equal to seventy percent (70%) of the annual compensation of a district attorney general; (6) After five (5) years of satisfactory service .................... an amount per annum equal to seventy-five percent (75%) of the annual compensation of a district attorney general; (7) After six (6) years of satisfactory service .................... an amount per annum equal to eighty percent (80%) of the annual compensation of a district attorney general; (8) After seven (7) years of satisfactory service .................... an amount per annum equal to eighty-five percent (85%) of the annual compensation of a district attorney general;
(1) Less than one (1) year of satisfactory service .................... an amount per annum equal to fifty percent (50%) of the annual compensation of a district attorney general;
(2) After one (1) year of satisfactory service .................... an amount per annum equal to fifty-five percent (55%) of the annual compensation of a district attorney general;
(3) After two (2) years of satisfactory service .................... an amount per annum equal to sixty percent (60%) of the annual compensation of a district attorney general;
(4) After three (3) years of satisfactory service .................... an amount per annum equal to sixty-five percent (65%) of the annual compensation of a district attorney general;
(5) After four (4) years of satisfactory service .................... an amount per annum equal to seventy percent (70%) of the annual compensation of a district attorney general;
(6) After five (5) years of satisfactory service .................... an amount per annum equal to seventy-five percent (75%) of the annual compensation of a district attorney general;
(7) After six (6) years of satisfactory service .................... an amount per annum equal to eighty percent (80%) of the annual compensation of a district attorney general;
(8) After seven (7) years of satisfactory service .................... an amount per annum equal to eighty-five percent (85%) of the annual compensation of a district attorney general;
(e) (1) Notwithstanding the foregoing, on and after July 1, 1991, any full-time assistant district attorney no longer eligible for step increases under this section who has at least twelve (12) years of credited service as an assistant district attorney general in Tennessee shall be compensated according to the following schedule of such credited service: (A) At least twelve (12) years, but less than sixteen (16) years, an amount per annum equal to eighty percent (80%) of the credited annual compensation of a district attorney general in effect on July 1, 2006; (B) At least sixteen (16) years, but less than twenty (20) years, an amount per annum equal to eighty-two and one-half percent (82.5%) of the credited annual compensation of a district attorney general in effect on July 1, 2006; or (C) Twenty (20) or more years, eighty-five percent (85%) of the credited annual compensation of a district attorney general in effect on July 1, 2006. (2) Compensation computed pursuant to the above schedule shall be recomputed annually, based on the salary of the district attorney general on July 1, 2006, and adjusted annually to reflect the average percentage pay increase provided for state employees by the general appropriations act. For purposes of this subsection (e), in computing annual salary increases that are tied to salary increases appropriated to state employees, it is the intention of the general assembly that the increases are to be based solely on the specific percentage increase granted by the general appropriations act to all general state employees. Adjustments to annual salary increases as provided for in this subsection (e) that are tied to salary increases of state employees are not to be adjusted on the basis of any class compensation efforts, class compression efforts, or any other method of salary adjustments. (3) On July 1, 2006, and annually on each succeeding July 1, the executive director of the district attorneys general conference shall reclassify into the salary schedule set forth in § 8-7-226 any employee who was hired prior to July 1, 1994, and has more than twenty (20) years of credited service as an assistant district attorney general.
(1) Notwithstanding the foregoing, on and after July 1, 1991, any full-time assistant district attorney no longer eligible for step increases under this section who has at least twelve (12) years of credited service as an assistant district attorney general in Tennessee shall be compensated according to the following schedule of such credited service: (A) At least twelve (12) years, but less than sixteen (16) years, an amount per annum equal to eighty percent (80%) of the credited annual compensation of a district attorney general in effect on July 1, 2006; (B) At least sixteen (16) years, but less than twenty (20) years, an amount per annum equal to eighty-two and one-half percent (82.5%) of the credited annual compensation of a district attorney general in effect on July 1, 2006; or (C) Twenty (20) or more years, eighty-five percent (85%) of the credited annual compensation of a district attorney general in effect on July 1, 2006.
(A) At least twelve (12) years, but less than sixteen (16) years, an amount per annum equal to eighty percent (80%) of the credited annual compensation of a district attorney general in effect on July 1, 2006;
(B) At least sixteen (16) years, but less than twenty (20) years, an amount per annum equal to eighty-two and one-half percent (82.5%) of the credited annual compensation of a district attorney general in effect on July 1, 2006; or
(C) Twenty (20) or more years, eighty-five percent (85%) of the credited annual compensation of a district attorney general in effect on July 1, 2006.
(2) Compensation computed pursuant to the above schedule shall be recomputed annually, based on the salary of the district attorney general on July 1, 2006, and adjusted annually to reflect the average percentage pay increase provided for state employees by the general appropriations act. For purposes of this subsection (e), in computing annual salary increases that are tied to salary increases appropriated to state employees, it is the intention of the general assembly that the increases are to be based solely on the specific percentage increase granted by the general appropriations act to all general state employees. Adjustments to annual salary increases as provided for in this subsection (e) that are tied to salary increases of state employees are not to be adjusted on the basis of any class compensation efforts, class compression efforts, or any other method of salary adjustments.
(3) On July 1, 2006, and annually on each succeeding July 1, the executive director of the district attorneys general conference shall reclassify into the salary schedule set forth in § 8-7-226 any employee who was hired prior to July 1, 1994, and has more than twenty (20) years of credited service as an assistant district attorney general.
(f) In computing the number of years' service pursuant to this section, a criminal investigator or an assistant district attorney general shall receive full credit for experience in serving as a full-time member of any board or commission of the state which administers the laws relative to corrections and paroles and supervises investigations pursuant to such laws and whose members are appointed by the governor.
(g) Implementation of salary increases pursuant to the pay schedules prescribed in this section shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to pay schedules prescribed in this section shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.
(h) The salary increases prescribed in subsections (b)-(e) and suspended by subsection (g) for the period July 1, 2003, through June 30, 2004, and the period July 1, 2009, through June 30, 2010, are reinstated effective July 1, 2019. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, and the time period of July 1, 2009, through June 30, 2010, is included.
Amended by 2019 Tenn. Acts, ch. 202, s 2, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 94, s 26, eff. 4/4/2017.
Acts 1957, ch. 184, § 1; impl. am. Acts 1959, ch. 9, § 3; Acts 1959, ch. 98, § 1; impl. am. Acts 1961, ch. 97, § 3; Acts 1963, ch. 252, §§ 1, 2; 1967, ch. 147, § 1; 1970, ch. 470, §§ 1, 2; 1971, ch. 240, § 1; 1972, ch. 544, § 1; 1972, ch. 657, § 1; 1973, ch. 47, § 1; 1974, ch. 553, § 1; 1974, ch. 584, § 1; 1974, ch. 689, § 1; 1974, ch. 691, § 1; 1974, ch. 728, § 1; 1976, ch. 744, § 1; 1977, ch. 156, § 1; T.C.A., § 8-708; Acts 1980, ch. 890, §§ 1, 2; 1981, ch. 52, §§ 1-3; 1981, ch. 480, §§ 1, 2; 1982, ch. 851, §§ 2, 3; 1986, ch. 515, § 1; 1989, ch. 166, § 1; 1990, ch. 652, § 1; 1990, ch. 892, § 1; 1990, ch. 1032, § 2; 1992, ch. 959, §§ 1, 2; 1995, ch. 305, § 89; 1997 , ch. 282, § 1; 2003 , ch. 355, § 3; 2006, ch. 832, § 1; 2006, ch. 987, §§ 2, 4, 5; 2007 , ch. 361, § 3; 2009 , ch. 531, § 21.
Tenn. Code Ann. § 8-27-207 — TN Code / Title 8 / Chapter 27 / Section 8-27-207
State employees killed in performance of duty - Coverage of surviving spouse and dependents
Status: in_force

(a) The surviving spouse of a state employee killed in the performance of duty may continue to participate in the group insurance plan for state employees. The coverage may include the surviving spouse and any dependent children. The dependent children shall be subject to the same eligibility provisions applicable to active state employees and their children. (b) The cost of the coverage provided in this section to the surviving spouse and dependent children shall be equal to the amount paid by active employees for their coverage. The agency employing the employee at or immediately preceding the employee's death shall pay the employer portion of the premium. (c) For purposes of this section, the determination as to whether a state employee was killed in the performance of duty shall be made pursuant to title 9, chapter 8. (d) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage required in this section shall be terminated on the first day of the following month. The state insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during the transfer of coverage. (e) In the event that insurance coverage under the state plan is terminated for the surviving spouse pursuant to subsection (d), but the surviving spouse is unable to secure through the new coverage insurance coverage for the eligible dependent children, the dependent children may continue coverage under this section; provided, that the dependent children continue to meet all dependent eligibility requirements. (f) This section shall be retroactive. As individuals who are qualified for such extension are identified, elect coverage, and pay the appropriate contribution, the coverage shall be provided on a prospective basis. Amended by 2015 Tenn. Acts, ch. 426,s 2, eff. 5/18/2015. Acts 1989, ch. 544, § 1; 1991, ch. 128, § 3; 1992, ch. 904, § 1; 1996, ch. 936, § 7; 1997, ch. 513, §§ 3, 10; 1998, ch. 905, § 2; 1999, ch. 116, § 2; 2004, ch. 629, § 1; 2005, ch. 376, § 3; 2009, ch. 502, § 2; 2010, ch. 919, § 2; 2012, ch. 1069, § 1.
(a) The surviving spouse of a state employee killed in the performance of duty may continue to participate in the group insurance plan for state employees. The coverage may include the surviving spouse and any dependent children. The dependent children shall be subject to the same eligibility provisions applicable to active state employees and their children.
(b) The cost of the coverage provided in this section to the surviving spouse and dependent children shall be equal to the amount paid by active employees for their coverage. The agency employing the employee at or immediately preceding the employee's death shall pay the employer portion of the premium.
(c) For purposes of this section, the determination as to whether a state employee was killed in the performance of duty shall be made pursuant to title 9, chapter 8.
(d) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage required in this section shall be terminated on the first day of the following month. The state insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during the transfer of coverage.
(e) In the event that insurance coverage under the state plan is terminated for the surviving spouse pursuant to subsection (d), but the surviving spouse is unable to secure through the new coverage insurance coverage for the eligible dependent children, the dependent children may continue coverage under this section; provided, that the dependent children continue to meet all dependent eligibility requirements.
(f) This section shall be retroactive. As individuals who are qualified for such extension are identified, elect coverage, and pay the appropriate contribution, the coverage shall be provided on a prospective basis.
Amended by 2015 Tenn. Acts, ch. 426,s 2, eff. 5/18/2015.
Acts 1989, ch. 544, § 1; 1991, ch. 128, § 3; 1992, ch. 904, § 1; 1996, ch. 936, § 7; 1997, ch. 513, §§ 3, 10; 1998, ch. 905, § 2; 1999, ch. 116, § 2; 2004, ch. 629, § 1; 2005, ch. 376, § 3; 2009, ch. 502, § 2; 2010, ch. 919, § 2; 2012, ch. 1069, § 1.
Tenn. Code Ann. § 8-36-503 — TN Code / Title 8 / Chapter 36 / Section 8-36-503
Effect of division of claims and risk management or workers' compensation payments on allowance payments
Status: in_force

(a) For the purposes of integrating division of claims and risk management or workers' compensation payments with the disability retirement allowance provided herein, compensation shall include any payments made by the division of claims and risk management or workers' compensation, except payments made for hospital or medical expenses. (b) Any member who is approved for a disability retirement allowance may be required to report to the retirement system, on a quarterly basis, the status of any workers' compensation claim filed by the member. The member shall provide a copy of the final workers' compensation settlement or judgment to the retirement system within thirty (30) days after the settlement or judgment becomes final. Failure to comply with the requirements of this subsection (b) may result in the suspension of the member's retirement allowance. Acts 1979, ch. 321, § 6; T.C.A., §§ 8-3912, 8-3913; Acts 1989, ch. 505, § 6; 2005, ch. 204, § 19.
(a) For the purposes of integrating division of claims and risk management or workers' compensation payments with the disability retirement allowance provided herein, compensation shall include any payments made by the division of claims and risk management or workers' compensation, except payments made for hospital or medical expenses.
(b) Any member who is approved for a disability retirement allowance may be required to report to the retirement system, on a quarterly basis, the status of any workers' compensation claim filed by the member. The member shall provide a copy of the final workers' compensation settlement or judgment to the retirement system within thirty (30) days after the settlement or judgment becomes final. Failure to comply with the requirements of this subsection (b) may result in the suspension of the member's retirement allowance.
Acts 1979, ch. 321, § 6; T.C.A., §§ 8-3912, 8-3913; Acts 1989, ch. 505, § 6; 2005, ch. 204, § 19.
Tenn. Code Ann. § 8-38-115 — TN Code / Title 8 / Chapter 38 / Section 8-38-115
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 170, s 10, eff. 4/16/2013. Acts 1951, ch. 90, § 6 (Williams, § 1034.69); T.C.A. (orig. ed.), § 8-3815; Acts 1985, ch. 66, § 10.
Repealed by 2013 Tenn. Acts, ch. 170, s 10, eff. 4/16/2013.
Acts 1951, ch. 90, § 6 (Williams, § 1034.69); T.C.A. (orig. ed.), § 8-3815; Acts 1985, ch. 66, § 10.
Tenn. Code Ann. § 8-35-235 — TN Code / Title 8 / Chapter 35 / Section 8-35-235
[Repealed] Reserved
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 659, s 11, eff. 4/10/2014. Acts 1990, ch. 706, § 1; 2010 , ch. 777, § 19.
Repealed by 2014 Tenn. Acts, ch. 659, s 11, eff. 4/10/2014.
Acts 1990, ch. 706, § 1; 2010 , ch. 777, § 19.
Tenn. Code Ann. § 8-36-208 — TN Code / Title 8 / Chapter 36 / Section 8-36-208
Maximum allowance - Service after 65 years of age
Status: in_force

(a) (1) Notwithstanding any law to the contrary, the service retirement allowance payable under this chapter shall not exceed seventy-five percent (75%) of the member's average final compensation, except as provided in subdivisions (a)(2)-(5). (2) In the case of Class C members of the superseded Tennessee state retirement system, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation. (3) In the case of Group 2 members, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation, unless such member is a member by virtue of employment with an employer participating in the retirement system pursuant to chapter 35, part 2, of this title. In such event, the service retirement allowance for such member shall be subject to the seventy-five percent (75%) limit, unless the chief governing body of such employer passes and files with the board of trustees a resolution increasing the limit to eighty percent (80%) and accepting the liability therefor. (4) In the case of Group 1 members, the service retirement allowance shall not exceed ninety percent (90%) of the member's average final compensation, unless such member is a member by virtue of employment with an employer participating in the retirement system pursuant to chapter 35 of this title. In such event, the service retirement allowance for such member shall be subject to the seventy-five percent (75%) limit, unless the chief governing body of such employer passes and files with the board of trustees a resolution increasing the limit to ninety percent (90%) and accepting the liability therefor. (5) In the case of Class B members of the superseded state retirement system, the service retirement allowance shall not exceed seventy-seven and one-half percent (77.5%) of the member's average final compensation. (b) Any teacher or general employee of the state who remains in service after sixty-five (65) years of age shall receive a retirement benefit equal to the greater of the benefit calculated under § 8-36-206 , § 8-36-209 or this subsection (b); provided, that: (1) The retirement allowance payable under this subsection (b) shall be the actuarial equivalent of the benefit which would have been payable to the member at sixty-five (65) years of age in the absence of this section, based on the member's age on the effective date of retirement. The benefit under this subsection (b) shall not exceed that payable at seventy (70) years of age under this subsection (b); (2) The actuarial equivalent shall be determined using tables provided by the actuary so that the cost to the retirement system for this benefit shall be equal to the cost, assuming the member had retired at sixty-five (65) years of age; (3) Any option selected by a member under § 8-36-601 shall be based on the member's and beneficiary's actual ages on the effective date of retirement; (4) This subsection (b) shall not be construed to be a change in formula under § 8-36-702 ; (5) This subsection (b) shall be optional for political subdivisions and shall not be effective unless approved by the chief governing body of the political subdivision; and (6) This subsection (b) shall not apply to any person who becomes a member of the retirement system on or after July 1, 2011. Acts 1972, ch. 814, § 5; T.C.A., § 8-3906(1); Acts 1984, ch. 601, § 10; 1998, ch. 1009, § 1; 1999, ch. 59, § 1; 2000, ch. 900, §§ 1, 2, 3; 2004, ch. 836, § 1; 2011 , ch. 140, § 10.
(a) (1) Notwithstanding any law to the contrary, the service retirement allowance payable under this chapter shall not exceed seventy-five percent (75%) of the member's average final compensation, except as provided in subdivisions (a)(2)-(5). (2) In the case of Class C members of the superseded Tennessee state retirement system, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation. (3) In the case of Group 2 members, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation, unless such member is a member by virtue of employment with an employer participating in the retirement system pursuant to chapter 35, part 2, of this title. In such event, the service retirement allowance for such member shall be subject to the seventy-five percent (75%) limit, unless the chief governing body of such employer passes and files with the board of trustees a resolution increasing the limit to eighty percent (80%) and accepting the liability therefor. (4) In the case of Group 1 members, the service retirement allowance shall not exceed ninety percent (90%) of the member's average final compensation, unless such member is a member by virtue of employment with an employer participating in the retirement system pursuant to chapter 35 of this title. In such event, the service retirement allowance for such member shall be subject to the seventy-five percent (75%) limit, unless the chief governing body of such employer passes and files with the board of trustees a resolution increasing the limit to ninety percent (90%) and accepting the liability therefor. (5) In the case of Class B members of the superseded state retirement system, the service retirement allowance shall not exceed seventy-seven and one-half percent (77.5%) of the member's average final compensation.
(1) Notwithstanding any law to the contrary, the service retirement allowance payable under this chapter shall not exceed seventy-five percent (75%) of the member's average final compensation, except as provided in subdivisions (a)(2)-(5).
(2) In the case of Class C members of the superseded Tennessee state retirement system, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation.
(3) In the case of Group 2 members, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation, unless such member is a member by virtue of employment with an employer participating in the retirement system pursuant to chapter 35, part 2, of this title. In such event, the service retirement allowance for such member shall be subject to the seventy-five percent (75%) limit, unless the chief governing body of such employer passes and files with the board of trustees a resolution increasing the limit to eighty percent (80%) and accepting the liability therefor.
(4) In the case of Group 1 members, the service retirement allowance shall not exceed ninety percent (90%) of the member's average final compensation, unless such member is a member by virtue of employment with an employer participating in the retirement system pursuant to chapter 35 of this title. In such event, the service retirement allowance for such member shall be subject to the seventy-five percent (75%) limit, unless the chief governing body of such employer passes and files with the board of trustees a resolution increasing the limit to ninety percent (90%) and accepting the liability therefor.
(5) In the case of Class B members of the superseded state retirement system, the service retirement allowance shall not exceed seventy-seven and one-half percent (77.5%) of the member's average final compensation.
(b) Any teacher or general employee of the state who remains in service after sixty-five (65) years of age shall receive a retirement benefit equal to the greater of the benefit calculated under § 8-36-206 , § 8-36-209 or this subsection (b); provided, that: (1) The retirement allowance payable under this subsection (b) shall be the actuarial equivalent of the benefit which would have been payable to the member at sixty-five (65) years of age in the absence of this section, based on the member's age on the effective date of retirement. The benefit under this subsection (b) shall not exceed that payable at seventy (70) years of age under this subsection (b); (2) The actuarial equivalent shall be determined using tables provided by the actuary so that the cost to the retirement system for this benefit shall be equal to the cost, assuming the member had retired at sixty-five (65) years of age; (3) Any option selected by a member under § 8-36-601 shall be based on the member's and beneficiary's actual ages on the effective date of retirement; (4) This subsection (b) shall not be construed to be a change in formula under § 8-36-702 ; (5) This subsection (b) shall be optional for political subdivisions and shall not be effective unless approved by the chief governing body of the political subdivision; and (6) This subsection (b) shall not apply to any person who becomes a member of the retirement system on or after July 1, 2011.
(1) The retirement allowance payable under this subsection (b) shall be the actuarial equivalent of the benefit which would have been payable to the member at sixty-five (65) years of age in the absence of this section, based on the member's age on the effective date of retirement. The benefit under this subsection (b) shall not exceed that payable at seventy (70) years of age under this subsection (b);
(2) The actuarial equivalent shall be determined using tables provided by the actuary so that the cost to the retirement system for this benefit shall be equal to the cost, assuming the member had retired at sixty-five (65) years of age;
(3) Any option selected by a member under § 8-36-601 shall be based on the member's and beneficiary's actual ages on the effective date of retirement;
(4) This subsection (b) shall not be construed to be a change in formula under § 8-36-702 ;
(5) This subsection (b) shall be optional for political subdivisions and shall not be effective unless approved by the chief governing body of the political subdivision; and
(6) This subsection (b) shall not apply to any person who becomes a member of the retirement system on or after July 1, 2011.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3906(1); Acts 1984, ch. 601, § 10; 1998, ch. 1009, § 1; 1999, ch. 59, § 1; 2000, ch. 900, §§ 1, 2, 3; 2004, ch. 836, § 1; 2011 , ch. 140, § 10.
Tenn. Code Ann. § 8-35-216 — TN Code / Title 8 / Chapter 35 / Section 8-35-216
Educational cooperatives
Status: in_force

(a) Any educational cooperative established as a separate legal entity under § 49-2-1304 may, by resolution duly adopted by its governing body, elect to authorize its employees to participate in the retirement system, subject to rules and regulations prescribed by the board of trustees. (b) The employer contribution for employees who are teachers, as defined in chapter 34, part 1 of this title, shall be paid by the state as in the case of teachers employed in local school systems. (c) If the governing body elects to authorize its employees who are not teachers, as defined in chapter 34, part 1 of this title, to participate, then the employer contribution for such employees shall be paid by the educational cooperative out of whatever funds are available to it for such purpose. (d) The member employees who are not teachers shall have no voice in the election of the board of trustees. (e) Teachers may establish prior service in the retirement system for the time they have been employed by the cooperative, upon paying into the system the contributions which they would have made had they been members, plus interest as determined by the board of trustees. Acts 1974, ch. 724, § 2; T.C.A., § 8-3934(1)(b).
(a) Any educational cooperative established as a separate legal entity under § 49-2-1304 may, by resolution duly adopted by its governing body, elect to authorize its employees to participate in the retirement system, subject to rules and regulations prescribed by the board of trustees.
(b) The employer contribution for employees who are teachers, as defined in chapter 34, part 1 of this title, shall be paid by the state as in the case of teachers employed in local school systems.
(c) If the governing body elects to authorize its employees who are not teachers, as defined in chapter 34, part 1 of this title, to participate, then the employer contribution for such employees shall be paid by the educational cooperative out of whatever funds are available to it for such purpose.
(d) The member employees who are not teachers shall have no voice in the election of the board of trustees.
(e) Teachers may establish prior service in the retirement system for the time they have been employed by the cooperative, upon paying into the system the contributions which they would have made had they been members, plus interest as determined by the board of trustees.
Acts 1974, ch. 724, § 2; T.C.A., § 8-3934(1)(b).
Tenn. Code Ann. § 8-30-301 — TN Code / Title 8 / Chapter 30 / Section 8-30-301
Commissioner's duties to inform prospective applicants - Hiring requirements - Assessments confidential
Status: in_force

(a) The commissioner shall inform prospective applicants for state employment of the process for obtaining state employment. (b) The commissioner shall give public notice of a job opening at least one (1) week prior to the closing of the application period. (c) The commissioner shall include the duties of, and pay for, the position or the class, the qualifications required for such position, and any other information that the commissioner considers pertinent and useful. The notice shall also state the requisite assessment method. (d) All assessments administered by the department, the total bank of questions from which such assessments were developed and the answers thereto shall be confidential and shall not be public records or state records open for public inspection in accordance with § 10-7-503 . Acts 2012 , ch. 800, § 22.
(a) The commissioner shall inform prospective applicants for state employment of the process for obtaining state employment.
(b) The commissioner shall give public notice of a job opening at least one (1) week prior to the closing of the application period.
(c) The commissioner shall include the duties of, and pay for, the position or the class, the qualifications required for such position, and any other information that the commissioner considers pertinent and useful. The notice shall also state the requisite assessment method.
(d) All assessments administered by the department, the total bank of questions from which such assessments were developed and the answers thereto shall be confidential and shall not be public records or state records open for public inspection in accordance with § 10-7-503 .
Acts 2012 , ch. 800, § 22.
Tenn. Code Ann. § 8-36-128 — TN Code / Title 8 / Chapter 36 / Section 8-36-128
Honoring claims under a qualified domestic relations order
Status: in_force

(a) The retirement system shall honor claims under a qualified domestic relations order at a time designated by the state treasurer. (b) For purposes of this section, "qualified domestic relations order" has the same meaning as provided in § 414(p) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 414(p) ); provided, that such order may only relate to the provision of marital property rights relating to the retirement system for the benefit of the retirement system member's former spouse. Added by 2013 Tenn. Acts, ch. 296, s 16, eff. 4/29/2013.
(a) The retirement system shall honor claims under a qualified domestic relations order at a time designated by the state treasurer.
(b) For purposes of this section, "qualified domestic relations order" has the same meaning as provided in § 414(p) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 414(p) ); provided, that such order may only relate to the provision of marital property rights relating to the retirement system for the benefit of the retirement system member's former spouse.
Added by 2013 Tenn. Acts, ch. 296, s 16, eff. 4/29/2013.
Tenn. Code Ann. § 8-46-106 — TN Code / Title 8 / Chapter 46 / Section 8-46-106
Summons by senate
Status: in_force

When possessed of an impeachment, the senate shall forthwith cause the person accused to be brought before it. Code 1858, § 5285; Shan., § 7265; Code 1932, § 11867; T.C.A. (orig. ed.), § 8-2606.
When possessed of an impeachment, the senate shall forthwith cause the person accused to be brought before it.
Code 1858, § 5285; Shan., § 7265; Code 1932, § 11867; T.C.A. (orig. ed.), § 8-2606.
Tenn. Code Ann. § 8-10-110 — TN Code / Title 8 / Chapter 10 / Section 8-10-110
Administrative leave during criminal prosecution - Criminal contempt - Conviction
Status: in_force

(a) (1) If a constable elected under this part is indicted or formally charged with a misdemeanor involving gambling or moral turpitude, or a felony, then the court with jurisdiction over the criminal offense shall place the constable on administrative leave by issuing an ex parte order placing such constable on administrative leave pending a preliminary hearing. (2) Once a constable is placed on administrative leave pursuant to subdivision (a)(1), the court shall conduct a preliminary hearing, pursuant to Rule 5 of the Tennessee Rules of Criminal Procedure, to determine whether probable cause exists to establish that the constable committed a misdemeanor involving gambling or moral turpitude, or a felony. If the court finds probable cause exists, then the court shall enter an order placing the constable on administrative leave until the conclusion of the criminal prosecution. If the court does not find that probable cause exists, then the court shall enter an order terminating the administrative leave of the constable. (b) The court may hold a constable who does not comply with an order issued under subsection (a) in criminal contempt of court, pursuant to § 29-9-103 . (c) (1) If a constable is placed on administrative leave under subsection (a), the clerk of court shall mail a copy of the court's order to the legislative body of the county in which the constable serves for purposes of temporarily filling the vacant seat of the constable, as necessary. (2) If a constable is convicted of a misdemeanor involving gambling or moral turpitude or a felony, the clerk of court shall mail a certified copy of the conviction to the attorney general and reporter and the appropriate district attorney general, county attorney, and city attorney to determine whether ouster proceedings should be brought pursuant to chapter 47 of this title. Amended by 2024 Tenn. Acts, ch. 753,s 1, eff. 7/1/2024. Added by 2022 Tenn. Acts, ch. 969, s 1, eff. 5/3/2022.
(a) (1) If a constable elected under this part is indicted or formally charged with a misdemeanor involving gambling or moral turpitude, or a felony, then the court with jurisdiction over the criminal offense shall place the constable on administrative leave by issuing an ex parte order placing such constable on administrative leave pending a preliminary hearing. (2) Once a constable is placed on administrative leave pursuant to subdivision (a)(1), the court shall conduct a preliminary hearing, pursuant to Rule 5 of the Tennessee Rules of Criminal Procedure, to determine whether probable cause exists to establish that the constable committed a misdemeanor involving gambling or moral turpitude, or a felony. If the court finds probable cause exists, then the court shall enter an order placing the constable on administrative leave until the conclusion of the criminal prosecution. If the court does not find that probable cause exists, then the court shall enter an order terminating the administrative leave of the constable.
(1) If a constable elected under this part is indicted or formally charged with a misdemeanor involving gambling or moral turpitude, or a felony, then the court with jurisdiction over the criminal offense shall place the constable on administrative leave by issuing an ex parte order placing such constable on administrative leave pending a preliminary hearing.
(2) Once a constable is placed on administrative leave pursuant to subdivision (a)(1), the court shall conduct a preliminary hearing, pursuant to Rule 5 of the Tennessee Rules of Criminal Procedure, to determine whether probable cause exists to establish that the constable committed a misdemeanor involving gambling or moral turpitude, or a felony. If the court finds probable cause exists, then the court shall enter an order placing the constable on administrative leave until the conclusion of the criminal prosecution. If the court does not find that probable cause exists, then the court shall enter an order terminating the administrative leave of the constable.
(b) The court may hold a constable who does not comply with an order issued under subsection (a) in criminal contempt of court, pursuant to § 29-9-103 .
(c) (1) If a constable is placed on administrative leave under subsection (a), the clerk of court shall mail a copy of the court's order to the legislative body of the county in which the constable serves for purposes of temporarily filling the vacant seat of the constable, as necessary. (2) If a constable is convicted of a misdemeanor involving gambling or moral turpitude or a felony, the clerk of court shall mail a certified copy of the conviction to the attorney general and reporter and the appropriate district attorney general, county attorney, and city attorney to determine whether ouster proceedings should be brought pursuant to chapter 47 of this title.
(1) If a constable is placed on administrative leave under subsection (a), the clerk of court shall mail a copy of the court's order to the legislative body of the county in which the constable serves for purposes of temporarily filling the vacant seat of the constable, as necessary.
(2) If a constable is convicted of a misdemeanor involving gambling or moral turpitude or a felony, the clerk of court shall mail a certified copy of the conviction to the attorney general and reporter and the appropriate district attorney general, county attorney, and city attorney to determine whether ouster proceedings should be brought pursuant to chapter 47 of this title.
Amended by 2024 Tenn. Acts, ch. 753,s 1, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 969, s 1, eff. 5/3/2022.
Tenn. Code Ann. § 8-8-204 — TN Code / Title 8 / Chapter 8 / Section 8-8-204
Judgment on motion for failure to pay over
Status: in_force

If the sheriff or officer fails to do so, the clerk or magistrate shall furnish the district attorney general with the records, executions, and such other information as may be in the clerk or magistrate's possession, to show the liability of the officer, and the district attorney general shall move for judgment, in the name of the county, against the sheriff or officer and the sheriff's or officer's sureties for the moneys by the sheriff or officer collected, or that ought to have been collected, for the use of the county. Upon judgment, when obtained, the clerk or judge shall issue execution, and enforce satisfaction of such execution. Code 1858, § 519; Shan., § 658; Code 1932, § 1057; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-813.
If the sheriff or officer fails to do so, the clerk or magistrate shall furnish the district attorney general with the records, executions, and such other information as may be in the clerk or magistrate's possession, to show the liability of the officer, and the district attorney general shall move for judgment, in the name of the county, against the sheriff or officer and the sheriff's or officer's sureties for the moneys by the sheriff or officer collected, or that ought to have been collected, for the use of the county. Upon judgment, when obtained, the clerk or judge shall issue execution, and enforce satisfaction of such execution.
Code 1858, § 519; Shan., § 658; Code 1932, § 1057; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-813.
Tenn. Code Ann. § 8-30-311 — TN Code / Title 8 / Chapter 30 / Section 8-30-311
Unskilled and custodial positions
Status: in_force

(a) For positions involving basic clerical, unskilled or semiskilled labor, or domestic, attendant or custodial work, when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the procedure prescribed by this part, the commissioner may adopt, or authorize the use of, such other procedures as the commissioner determines to be appropriate in order to meet the needs of the service. (b) The commissioner may provide input on all contracts with the private sector to perform the functions or jobs listed in subsection (a). The commissioner may be involved in the communications with any employee whose job may be terminated as the result of a contract with a private party. Amended by 2017 Tenn. Acts, ch. 469,s 2, eff. 7/1/2017. Acts 2012, ch. 800, § 32.
(a) For positions involving basic clerical, unskilled or semiskilled labor, or domestic, attendant or custodial work, when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the procedure prescribed by this part, the commissioner may adopt, or authorize the use of, such other procedures as the commissioner determines to be appropriate in order to meet the needs of the service.
(b) The commissioner may provide input on all contracts with the private sector to perform the functions or jobs listed in subsection (a). The commissioner may be involved in the communications with any employee whose job may be terminated as the result of a contract with a private party.
Amended by 2017 Tenn. Acts, ch. 469,s 2, eff. 7/1/2017.
Acts 2012, ch. 800, § 32.
Tenn. Code Ann. § 8-44-106 — TN Code / Title 8 / Chapter 44 / Section 8-44-106
Enforcement - Jurisdiction
Status: in_force

(a) The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this state. (b) In each suit brought under this part, the court shall file written findings of fact and conclusions of law and final judgments, which shall also be recorded in the minutes of the body involved. (c) The court shall permanently enjoin any person adjudged by it in violation of this part from further violation of this part. Each separate occurrence of such meetings not held in accordance with this part constitutes a separate violation. (d) The final judgment or decree in each suit shall state that the court retains jurisdiction over the parties and subject matter for a period of one (1) year from date of entry, and the court shall order the defendants to report in writing semiannually to the court of their compliance with this part. (e) If a court finds that a governing body knew that a meeting of the body was subject to the requirements of this part and willfully refused to comply, the court may, in its discretion, assess all or part of the reasonable costs incurred by the petitioners in enforcing the provisions of this part, including reasonable attorneys' fees, against the governing body. In determining whether the action of the governing body was willful, the court may consider the testimony and other guidance provided to the governing body by staff of the office of open records counsel created pursuant to § 8-4-601 . Amended by 2024 Tenn. Acts, ch. 1030,s 1, eff. 5/28/2024. Acts 1974, ch. 442, § 6; T.C.A., § 8-4406.
(a) The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this state.
(b) In each suit brought under this part, the court shall file written findings of fact and conclusions of law and final judgments, which shall also be recorded in the minutes of the body involved.
(c) The court shall permanently enjoin any person adjudged by it in violation of this part from further violation of this part. Each separate occurrence of such meetings not held in accordance with this part constitutes a separate violation.
(d) The final judgment or decree in each suit shall state that the court retains jurisdiction over the parties and subject matter for a period of one (1) year from date of entry, and the court shall order the defendants to report in writing semiannually to the court of their compliance with this part.
(e) If a court finds that a governing body knew that a meeting of the body was subject to the requirements of this part and willfully refused to comply, the court may, in its discretion, assess all or part of the reasonable costs incurred by the petitioners in enforcing the provisions of this part, including reasonable attorneys' fees, against the governing body. In determining whether the action of the governing body was willful, the court may consider the testimony and other guidance provided to the governing body by staff of the office of open records counsel created pursuant to § 8-4-601 .
Amended by 2024 Tenn. Acts, ch. 1030,s 1, eff. 5/28/2024.
Acts 1974, ch. 442, § 6; T.C.A., § 8-4406.