Tenn. Code Ann. § 8-36-203 — TN Code / Title 8 / Chapter 36 / Section 8-36-203
Effective date of retirement - Commencement of benefits
Status: in_force

The retirement system shall pay all benefits in accordance with a good faith interpretation of the requirements of § 401(a)(9) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9) ), and the regulations in effect under that section, as applicable to a governmental plan within the meaning of § 414(d) of the Internal Revenue Code ( 26 U.S.C. § 414(d) ). The retirement system is subject to the following provisions: (1) Any member eligible to retire may set the effective date of the member's retirement at any date within one hundred fifty (150) days before or after the date that the member's application is filed with the board; provided, that such effective date of retirement follows the date of the member's separation from service; (2) A member may submit only one (1) retirement application even if the member has service credit in one (1) or more of the four (4) defined benefit plans administered by the retirement system pursuant to chapters 34-37 of this title. The retirement payment plan and beneficiary selected by the member on the retirement application shall be the same for all of the plans and may not be changed or revoked, except as provided in part 6 of this chapter. The retirement system shall pay benefits from each of the applicable plans on the member's effective date of retirement; provided, that the member has met the eligibility requirements of the particular plan for a retirement allowance. If on a member's effective date of retirement the member has not met the eligibility requirements for a retirement allowance from a particular plan, the retirement system shall commence payments from that plan once the member meets the eligibility requirements of the plan; (3) Distribution of a member's benefit must begin by the required beginning date, which is April 1 of the calendar year following the calendar year in which the member attains age seventy and one-half (70½) or age seventy-two (72) if the member was born on or after July 1, 1949, as such age is extended or otherwise modified by the Internal Revenue Code or the regulations promulgated thereunder, or April 1 of the calendar year following the calendar year in which the member terminates, whichever is later. If a member fails to apply for retirement benefits by the later of either of those dates, the board shall begin distribution of the monthly benefit as required by this section in the applicable form provided in § 8-36-206 ; and (4) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of § 401(a)(9)(G) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9)(G) ), and the minimum distribution incidental benefit rule under Treasury Regulation § 1.401(a)(9)-6, Q&A-2. Amended by 2021 Tenn. Acts, ch. 251, s 1, eff. 4/28/2021. Amended by 2018 Tenn. Acts, ch. 736, s 8, eff. 4/18/2018. Amended by 2016 Tenn. Acts, ch. 605, s 8, eff. 3/17/2016. Acts 1972, ch. 814, § 5; 1973, ch. 347, § 11; T.C.A., § 8-3905(a); Acts 1984, ch. 601, § 8; 1993, ch. 67, § 20.
The retirement system shall pay all benefits in accordance with a good faith interpretation of the requirements of § 401(a)(9) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9) ), and the regulations in effect under that section, as applicable to a governmental plan within the meaning of § 414(d) of the Internal Revenue Code ( 26 U.S.C. § 414(d) ). The retirement system is subject to the following provisions:
(1) Any member eligible to retire may set the effective date of the member's retirement at any date within one hundred fifty (150) days before or after the date that the member's application is filed with the board; provided, that such effective date of retirement follows the date of the member's separation from service;
(2) A member may submit only one (1) retirement application even if the member has service credit in one (1) or more of the four (4) defined benefit plans administered by the retirement system pursuant to chapters 34-37 of this title. The retirement payment plan and beneficiary selected by the member on the retirement application shall be the same for all of the plans and may not be changed or revoked, except as provided in part 6 of this chapter. The retirement system shall pay benefits from each of the applicable plans on the member's effective date of retirement; provided, that the member has met the eligibility requirements of the particular plan for a retirement allowance. If on a member's effective date of retirement the member has not met the eligibility requirements for a retirement allowance from a particular plan, the retirement system shall commence payments from that plan once the member meets the eligibility requirements of the plan;
(3) Distribution of a member's benefit must begin by the required beginning date, which is April 1 of the calendar year following the calendar year in which the member attains age seventy and one-half (70½) or age seventy-two (72) if the member was born on or after July 1, 1949, as such age is extended or otherwise modified by the Internal Revenue Code or the regulations promulgated thereunder, or April 1 of the calendar year following the calendar year in which the member terminates, whichever is later. If a member fails to apply for retirement benefits by the later of either of those dates, the board shall begin distribution of the monthly benefit as required by this section in the applicable form provided in § 8-36-206 ; and
(4) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of § 401(a)(9)(G) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(9)(G) ), and the minimum distribution incidental benefit rule under Treasury Regulation § 1.401(a)(9)-6, Q&A-2.
Amended by 2021 Tenn. Acts, ch. 251, s 1, eff. 4/28/2021.
Amended by 2018 Tenn. Acts, ch. 736, s 8, eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 605, s 8, eff. 3/17/2016.
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 11; T.C.A., § 8-3905(a); Acts 1984, ch. 601, § 8; 1993, ch. 67, § 20.
Tenn. Code Ann. § 8-35-118 — TN Code / Title 8 / Chapter 35 / Section 8-35-118
Benefit improvement for higher education employees - Excluded benefits
Status: in_force

(a) The state shall pay the estimated increased pension liability resulting from a benefit improvement affecting general employees or employees at institutions of higher education participating in the retirement system by amortizing the unfunded accrued liability over a period of time not to exceed ten (10) years from the date that the benefit improvement is established. (b) For the purposes of this section, "benefit improvement" does not include the supplemental bridge benefit established pursuant to § 8-36-211 for members who are subject to mandatory retirement pursuant to § 8-36-205 . Added by 2023 Tenn. Acts, ch. 132, s 2, eff. 7/1/2023.
(a) The state shall pay the estimated increased pension liability resulting from a benefit improvement affecting general employees or employees at institutions of higher education participating in the retirement system by amortizing the unfunded accrued liability over a period of time not to exceed ten (10) years from the date that the benefit improvement is established.
(b) For the purposes of this section, "benefit improvement" does not include the supplemental bridge benefit established pursuant to § 8-36-211 for members who are subject to mandatory retirement pursuant to § 8-36-205 .
Added by 2023 Tenn. Acts, ch. 132, s 2, eff. 7/1/2023.
Tenn. Code Ann. § 8-36-207 — TN Code / Title 8 / Chapter 36 / Section 8-36-207
Computation under formula of superseded system
Status: in_force

Notwithstanding chapters 34-37 of this title to the contrary, any member, as defined in § 8-34-101 , shall receive the greater of: (1) The service retirement allowance as provided in chapters 34-37 of this title; or (2) The service retirement allowance as would have been provided the member by the superseded system. Acts 1972, ch. 814, § 5; T.C.A., § 8-3906(1).
Notwithstanding chapters 34-37 of this title to the contrary, any member, as defined in § 8-34-101 , shall receive the greater of:
(1) The service retirement allowance as provided in chapters 34-37 of this title; or
(2) The service retirement allowance as would have been provided the member by the superseded system.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3906(1).
Tenn. Code Ann. § 8-16-305 — TN Code / Title 8 / Chapter 16 / Section 8-16-305
Standards for online notarization
Status: in_force

(a) The secretary of state shall promulgate by rule standards for online notarization in accordance with this part, including standards for credential analysis and identity proofing. (b) The secretary of state may confer with other appropriate agencies on matters relating to equipment, security, and technological aspects of the online notarization standards. Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
(a) The secretary of state shall promulgate by rule standards for online notarization in accordance with this part, including standards for credential analysis and identity proofing.
(b) The secretary of state may confer with other appropriate agencies on matters relating to equipment, security, and technological aspects of the online notarization standards.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
Tenn. Code Ann. § 8-4-504 — TN Code / Title 8 / Chapter 4 / Section 8-4-504
Good faith immunity
Status: in_force

(a) If acting in good faith, a public official, or a certified public accountant or firm, makes a report, as required by § 8-4-503 , the person or firm shall not be liable in any civil or criminal action that is based solely upon: (1) The person's or firm's decision to report what the person or firm believed to be unlawful conduct; (2) The person's or firm's belief that reporting the unlawful conduct was required by law or by contract; or (3) The fact that a report of unlawful conduct was made. (b) No immunity conferred pursuant to subsection (a) shall attach if the person or firm reporting the unlawful conduct: (1) Participated in or benefited from the unlawful conduct; or (2) Knowingly provides false information pursuant to this part. Amended by 2018 Tenn. Acts, ch. 540, s 3, eff. 3/5/2018. Acts 2007 , ch. 206, § 5.
(a) If acting in good faith, a public official, or a certified public accountant or firm, makes a report, as required by § 8-4-503 , the person or firm shall not be liable in any civil or criminal action that is based solely upon: (1) The person's or firm's decision to report what the person or firm believed to be unlawful conduct; (2) The person's or firm's belief that reporting the unlawful conduct was required by law or by contract; or (3) The fact that a report of unlawful conduct was made.
(1) The person's or firm's decision to report what the person or firm believed to be unlawful conduct;
(2) The person's or firm's belief that reporting the unlawful conduct was required by law or by contract; or
(3) The fact that a report of unlawful conduct was made.
(b) No immunity conferred pursuant to subsection (a) shall attach if the person or firm reporting the unlawful conduct: (1) Participated in or benefited from the unlawful conduct; or (2) Knowingly provides false information pursuant to this part.
(1) Participated in or benefited from the unlawful conduct; or
(2) Knowingly provides false information pursuant to this part.
Amended by 2018 Tenn. Acts, ch. 540, s 3, eff. 3/5/2018.
Acts 2007 , ch. 206, § 5.
Tenn. Code Ann. § 8-48-104 — TN Code / Title 8 / Chapter 48 / Section 8-48-104
Transmittal of resignations of other officers
Status: in_force

The resignation of senators and representatives in congress and members of the general assembly shall be transmitted to the governor; and in all other cases the resignation of officers shall be transmitted to the officer or tribunal authorized to fill the vacancy. Code 1858, § 800; Shan., § 1121; Code 1932, § 1862; T.C.A. (orig. ed.), § 8-2804.
The resignation of senators and representatives in congress and members of the general assembly shall be transmitted to the governor; and in all other cases the resignation of officers shall be transmitted to the officer or tribunal authorized to fill the vacancy.
Code 1858, § 800; Shan., § 1121; Code 1932, § 1862; T.C.A. (orig. ed.), § 8-2804.
Tenn. Code Ann. § 8-35-229 — TN Code / Title 8 / Chapter 35 / Section 8-35-229
[Repealed] Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 296, s 11, eff. 4/29/2013. Acts 1987, ch. 201, § 1; 2010 , ch. 777, § 16.
Repealed by 2013 Tenn. Acts, ch. 296, s 11, eff. 4/29/2013.
Acts 1987, ch. 201, § 1; 2010 , ch. 777, § 16.
Tenn. Code Ann. § 8-21-203 — TN Code / Title 8 / Chapter 21 / Section 8-21-203
Signing and sealing commissions
Status: in_force

Except as otherwise provided, the secretary of state shall not be entitled to so receive any fee for signing and affixing the seal of the state to any commission for state or county officers. Acts 1868-1870, ch. 102, § 2; Shan., § 6368; Code 1932, § 10674; modified, T.C.A. (orig. ed.), § 8-2108.
Except as otherwise provided, the secretary of state shall not be entitled to so receive any fee for signing and affixing the seal of the state to any commission for state or county officers.
Acts 1868-1870, ch. 102, § 2; Shan., § 6368; Code 1932, § 10674; modified, T.C.A. (orig. ed.), § 8-2108.
Tenn. Code Ann. § 8-50-702 — TN Code / Title 8 / Chapter 50 / Section 8-50-702
Part definitions - Teachers' contributions to the volunteer public education trust
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Local education agency" or "LEA" has the same definition as used in § 49-3-104 ; and (2) "Teacher" has the same definition as used in § 8-34-101 . (b) (1) All LEAs may make available to any teacher the option of contributing to the volunteer public education trust fund by payroll deductions. (2) The authorization form for deductions provided by an LEA shall conform to that required for state employees in § 8-50-701(b) . (3) The LEA shall allow any teacher to revoke, alter, or amend that teacher's authorization for deduction of contributions by written notification at any time. Amended by 2022 Tenn. Acts, ch. 966, s 95, eff. 7/1/2023. Acts 1986, ch. 526, § 1.
(a) As used in this part, unless the context otherwise requires: (1) "Local education agency" or "LEA" has the same definition as used in § 49-3-104 ; and (2) "Teacher" has the same definition as used in § 8-34-101 .
(1) "Local education agency" or "LEA" has the same definition as used in § 49-3-104 ; and
(2) "Teacher" has the same definition as used in § 8-34-101 .
(b) (1) All LEAs may make available to any teacher the option of contributing to the volunteer public education trust fund by payroll deductions. (2) The authorization form for deductions provided by an LEA shall conform to that required for state employees in § 8-50-701(b) . (3) The LEA shall allow any teacher to revoke, alter, or amend that teacher's authorization for deduction of contributions by written notification at any time.
(1) All LEAs may make available to any teacher the option of contributing to the volunteer public education trust fund by payroll deductions.
(2) The authorization form for deductions provided by an LEA shall conform to that required for state employees in § 8-50-701(b) .
(3) The LEA shall allow any teacher to revoke, alter, or amend that teacher's authorization for deduction of contributions by written notification at any time.
Amended by 2022 Tenn. Acts, ch. 966, s 95, eff. 7/1/2023.
Acts 1986, ch. 526, § 1.
Tenn. Code Ann. § 8-27-904 — TN Code / Title 8 / Chapter 27 / Section 8-27-904
Plan participant rights and duties
Status: in_force

(a) By accepting payment of benefits pursuant to a plan authorized by this part, a plan participant has assigned to the plan the right of third-party insurance benefits or other recovery rights to which the plan participant may be entitled, which must be noted in plain language in the SPD. (b) By accepting payment of benefits pursuant to a plan authorized by this part, a plan participant acknowledges the plan's right to reimbursement, which must be noted in plain language in the SPD. (c) A plan under this part may deem a plan participant ineligible for continued or future coverage under the plan, if the plan participant: (1) Receives payment from a third-party tortfeasor, third-party insurer, third party for medical payments, or other individual or entity originally paid by the plan for the benefit of, or on behalf of, the plan participant; and (2) Fails or refuses to promptly reimburse the plan for the amounts paid by the plan. (d) A plan shall not remove a plan participant under a plan pursuant to subsection (c) unless the plan or administrator provides the primary insured with written notice of intent to remove the plan participant. The plan or administrator shall send the notice at least ninety (90) days prior to the date the plan participant will lose benefits under the plan by certified mail with signed or electronic receipt. To be effective the notice must at a minimum include: (1) The name of the plan participant to be removed from the plan; (2) The date the plan participant will cease to be covered under the plan; (3) The reason for removal from the plan; (4) The name, title, phone number, mailing address, and email address of an individual with the authority to cancel or change the plan participant's removal, if the removal violates the terms of the plan, or as the sponsor permits. (e) The plan shall not prevent a provider from receiving payment for services already rendered to a provider even if the plan participant is removed from participation in a plan pursuant to subsection (c). However, this subsection (e) does not require the plan to pay benefits to medical services providers if the benefits have already been paid to a plan participant. Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
(a) By accepting payment of benefits pursuant to a plan authorized by this part, a plan participant has assigned to the plan the right of third-party insurance benefits or other recovery rights to which the plan participant may be entitled, which must be noted in plain language in the SPD.
(b) By accepting payment of benefits pursuant to a plan authorized by this part, a plan participant acknowledges the plan's right to reimbursement, which must be noted in plain language in the SPD.
(c) A plan under this part may deem a plan participant ineligible for continued or future coverage under the plan, if the plan participant: (1) Receives payment from a third-party tortfeasor, third-party insurer, third party for medical payments, or other individual or entity originally paid by the plan for the benefit of, or on behalf of, the plan participant; and (2) Fails or refuses to promptly reimburse the plan for the amounts paid by the plan.
(1) Receives payment from a third-party tortfeasor, third-party insurer, third party for medical payments, or other individual or entity originally paid by the plan for the benefit of, or on behalf of, the plan participant; and
(2) Fails or refuses to promptly reimburse the plan for the amounts paid by the plan.
(d) A plan shall not remove a plan participant under a plan pursuant to subsection (c) unless the plan or administrator provides the primary insured with written notice of intent to remove the plan participant. The plan or administrator shall send the notice at least ninety (90) days prior to the date the plan participant will lose benefits under the plan by certified mail with signed or electronic receipt. To be effective the notice must at a minimum include: (1) The name of the plan participant to be removed from the plan; (2) The date the plan participant will cease to be covered under the plan; (3) The reason for removal from the plan; (4) The name, title, phone number, mailing address, and email address of an individual with the authority to cancel or change the plan participant's removal, if the removal violates the terms of the plan, or as the sponsor permits.
(1) The name of the plan participant to be removed from the plan;
(2) The date the plan participant will cease to be covered under the plan;
(3) The reason for removal from the plan;
(4) The name, title, phone number, mailing address, and email address of an individual with the authority to cancel or change the plan participant's removal, if the removal violates the terms of the plan, or as the sponsor permits.
(e) The plan shall not prevent a provider from receiving payment for services already rendered to a provider even if the plan participant is removed from participation in a plan pursuant to subsection (c). However, this subsection (e) does not require the plan to pay benefits to medical services providers if the benefits have already been paid to a plan participant.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
Tenn. Code Ann. § 8-23-105 — TN Code / Title 8 / Chapter 23 / Section 8-23-105
Salaries of supreme court clerks, chief deputy clerks, and staffs
Status: in_force

The salaries of the clerk of the supreme court, the chief deputy clerks of the supreme court and their respective staffs shall be fixed by the chief justice of the supreme court in consultation with the administrative director of the courts and in accordance with administrative guidelines and policies. Acts 1949, ch. 88, § 3; C. Supp. 1950, § 10700.2 (Williams, § 10700.3); Acts 1957, ch. 65, § 1; 1967, ch. 245, § 1; T.C.A. (orig. ed.), § 8-2305; Acts 1993, ch. 66, § 1; 1993, ch. 70, § 4; 1994, ch. 897, § 2.
The salaries of the clerk of the supreme court, the chief deputy clerks of the supreme court and their respective staffs shall be fixed by the chief justice of the supreme court in consultation with the administrative director of the courts and in accordance with administrative guidelines and policies.
Acts 1949, ch. 88, § 3; C. Supp. 1950, § 10700.2 (Williams, § 10700.3); Acts 1957, ch. 65, § 1; 1967, ch. 245, § 1; T.C.A. (orig. ed.), § 8-2305; Acts 1993, ch. 66, § 1; 1993, ch. 70, § 4; 1994, ch. 897, § 2.
Tenn. Code Ann. § 8-26-105 — TN Code / Title 8 / Chapter 26 / Section 8-26-105
Jailers' fees - State subsidies
Status: in_force

(a) The county legislative body or governing body of each county has the authority to pass a resolution fixing the amount of jailers' fees which may be applied to misdemeanant prisoners. The rate fixed shall apply to such prisoners confined in the county jail or county workhouse or workhouses, but not meeting the conditions required for a state subsidy under title 41, chapter 8. (b) In lieu of the reimbursement for jailers' fees allowed in § 8-26-106 , the state shall provide a subsidy pursuant to title 41, chapter 8. (c) References in other sections to jailers' fees for state prisoners specified in this section shall be deemed to be references to the subsidies specified in § 41-8-106(d) . Acts 1933, ch. 139, § 1; 1945, ch. 166, § 1; 1947, ch. 141, § 1; mod. C. Supp. 1950, § 10713; Acts 1953, ch. 177, § 1; 1963, ch. 319, §1; 1972, ch. 533, §§ 1-3; 1976, ch. 827, § 1; 1977, ch. 404, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 8-2507; Acts 1984, ch. 896, § 7; 1985, ch. 93, § 1.
(a) The county legislative body or governing body of each county has the authority to pass a resolution fixing the amount of jailers' fees which may be applied to misdemeanant prisoners. The rate fixed shall apply to such prisoners confined in the county jail or county workhouse or workhouses, but not meeting the conditions required for a state subsidy under title 41, chapter 8.
(b) In lieu of the reimbursement for jailers' fees allowed in § 8-26-106 , the state shall provide a subsidy pursuant to title 41, chapter 8.
(c) References in other sections to jailers' fees for state prisoners specified in this section shall be deemed to be references to the subsidies specified in § 41-8-106(d) .
Acts 1933, ch. 139, § 1; 1945, ch. 166, § 1; 1947, ch. 141, § 1; mod. C. Supp. 1950, § 10713; Acts 1953, ch. 177, § 1; 1963, ch. 319, §1; 1972, ch. 533, §§ 1-3; 1976, ch. 827, § 1; 1977, ch. 404, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 8-2507; Acts 1984, ch. 896, § 7; 1985, ch. 93, § 1.
Tenn. Code Ann. § 8-1-203 — TN Code / Title 8 / Chapter 1 / Section 8-1-203
Interim office space - Appointees of cabinet level rank
Status: in_force

Any state official of cabinet level rank appointed by a governor-elect between the date of election and the date on which the governor-elect assumes office shall, upon request of the governor-elect to the then incumbent governor, accompanied by notification of the appointment, be provided with suitable office space and equipment and secretarial help in or as near as possible to the administrative offices of the department or staff division which the person has been appointed to head. Only if no suitable space is available in existing state facilities shall space be secured and provided in other places. Acts 1970, ch. 439, § 2; T.C.A., § 8-110.
Any state official of cabinet level rank appointed by a governor-elect between the date of election and the date on which the governor-elect assumes office shall, upon request of the governor-elect to the then incumbent governor, accompanied by notification of the appointment, be provided with suitable office space and equipment and secretarial help in or as near as possible to the administrative offices of the department or staff division which the person has been appointed to head. Only if no suitable space is available in existing state facilities shall space be secured and provided in other places.
Acts 1970, ch. 439, § 2; T.C.A., § 8-110.
Tenn. Code Ann. § 8-6-407 — TN Code / Title 8 / Chapter 6 / Section 8-6-407
Confidentiality of writings, records or tangible objects obtained by attorney general
Status: in_force

(a) All testimony, books, documents, or other writings, records or tangible objects obtained by the attorney general and reporter pursuant to §§ 8-6-401 and 8-6-402 shall be confidential and shall not be publicly divulged by the office of the attorney general and reporter except in the discharge of the duties of the office or in legal proceedings in which the state is a party. (b) All other documentary material, answers to written interrogatories, and transcripts of oral testimony that are voluntarily provided to the attorney general and reporter as part of an investigation under this part must be treated as if obtained pursuant to a demand issued under this part if said materials were obtained pursuant to an investigative demand or similar process issued by another state or federal attorney general or law enforcement agency, obtained from a state or federal attorney general or law enforcement agency pursuant to a statutory obligation to produce, or provided by a person with information relevant to the subject matter of the investigation. Amended by 2024 Tenn. Acts, ch. 776,s 17, eff. 4/23/2024. Acts 1978, ch. 890, § 1; T.C.A., § 8-863.
(a) All testimony, books, documents, or other writings, records or tangible objects obtained by the attorney general and reporter pursuant to §§ 8-6-401 and 8-6-402 shall be confidential and shall not be publicly divulged by the office of the attorney general and reporter except in the discharge of the duties of the office or in legal proceedings in which the state is a party.
(b) All other documentary material, answers to written interrogatories, and transcripts of oral testimony that are voluntarily provided to the attorney general and reporter as part of an investigation under this part must be treated as if obtained pursuant to a demand issued under this part if said materials were obtained pursuant to an investigative demand or similar process issued by another state or federal attorney general or law enforcement agency, obtained from a state or federal attorney general or law enforcement agency pursuant to a statutory obligation to produce, or provided by a person with information relevant to the subject matter of the investigation.
Amended by 2024 Tenn. Acts, ch. 776,s 17, eff. 4/23/2024.
Acts 1978, ch. 890, § 1; T.C.A., § 8-863.
Tenn. Code Ann. § 8-36-918 — TN Code / Title 8 / Chapter 36 / Section 8-36-918
Forfeiture of retirement benefits due to conviction of felony arising out of employment
Status: in_force

(a) Notwithstanding § 8-35-124 or any other law to the contrary, an employee or elected or appointed official of this state, an employee or elected or appointed official of any political subdivision thereof, or a teacher employed with a local education agency who is convicted in any state or federal court of a felony arising out of that employee's or official's employment or official capacity constituting malfeasance in office shall forfeit that person's retirement benefits under the defined benefit component of the plan. (b) Upon initial conviction, or upon a plea of guilty or nolo contendere, any person subject to this section shall: (1) Have the employee's or official's benefit stopped immediately, if the employee or official is receiving a benefit under the defined benefit component of the plan; and (2) Receive a refund of the employee contributions and interest credited to the employee's or official's account, less any benefits received, unless the person elected to have a monthly retirement allowance paid upon such person's death in accordance with subsection (e). (c) The employing agency is responsible for immediately notifying the administrator of the retirement system of the conviction of any person subject to this section. (d) In the event the conviction of such person is later overturned in any court and such person is acquitted, or is granted a full pardon, the person shall be restored to all rights, privileges and benefits as if the conviction had never occurred. (e) Any person convicted of a felony as provided in this section may elect, within six (6) months of the person's conviction, to have a monthly retirement allowance paid to whomever that person had designated as beneficiary on file with the retirement system at the time of that person's conviction; provided, that such beneficiary must have been that person's spouse or child at the time of that person's conviction. The amount of any allowance payable hereunder shall be equal to the retirement allowance which would have been payable under the defined benefit component of the plan had the person retired under an effective election of Option 1 as provided in part 6 of this chapter. The benefits shall be paid to such beneficiary following the person's death and upon meeting all other eligibility requirements applicable to a beneficiary. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) Notwithstanding § 8-35-124 or any other law to the contrary, an employee or elected or appointed official of this state, an employee or elected or appointed official of any political subdivision thereof, or a teacher employed with a local education agency who is convicted in any state or federal court of a felony arising out of that employee's or official's employment or official capacity constituting malfeasance in office shall forfeit that person's retirement benefits under the defined benefit component of the plan.
(b) Upon initial conviction, or upon a plea of guilty or nolo contendere, any person subject to this section shall: (1) Have the employee's or official's benefit stopped immediately, if the employee or official is receiving a benefit under the defined benefit component of the plan; and (2) Receive a refund of the employee contributions and interest credited to the employee's or official's account, less any benefits received, unless the person elected to have a monthly retirement allowance paid upon such person's death in accordance with subsection (e).
(1) Have the employee's or official's benefit stopped immediately, if the employee or official is receiving a benefit under the defined benefit component of the plan; and
(2) Receive a refund of the employee contributions and interest credited to the employee's or official's account, less any benefits received, unless the person elected to have a monthly retirement allowance paid upon such person's death in accordance with subsection (e).
(c) The employing agency is responsible for immediately notifying the administrator of the retirement system of the conviction of any person subject to this section.
(d) In the event the conviction of such person is later overturned in any court and such person is acquitted, or is granted a full pardon, the person shall be restored to all rights, privileges and benefits as if the conviction had never occurred.
(e) Any person convicted of a felony as provided in this section may elect, within six (6) months of the person's conviction, to have a monthly retirement allowance paid to whomever that person had designated as beneficiary on file with the retirement system at the time of that person's conviction; provided, that such beneficiary must have been that person's spouse or child at the time of that person's conviction. The amount of any allowance payable hereunder shall be equal to the retirement allowance which would have been payable under the defined benefit component of the plan had the person retired under an effective election of Option 1 as provided in part 6 of this chapter. The benefits shall be paid to such beneficiary following the person's death and upon meeting all other eligibility requirements applicable to a beneficiary.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-36-911 — TN Code / Title 8 / Chapter 36 / Section 8-36-911
Computation of early service retirement allowance
Status: in_force

(a) Except as provided in § 8-36-912 , the early service retirement allowance payable to a participant under § 8-36-910 shall be computed as a service retirement allowance in accordance with § 8-36-907 , but reduced by an actuarially determined factor as set by the board from time to time. (b) Section 8-36-124 shall not apply in determining the retirement allowance payable under this section. Further, § 8-36-211(a)(2) shall not apply in calculating the supplemental bridge benefit for participants covered by the mandatory retirement provisions of § 8-36-205(a)(1) who retire on an early service retirement allowance pursuant to this section, nor shall § 8-36-211(b)(2) apply in calculating the supplemental bridge benefit for participants covered by the mandatory retirement provisions of § 8-36-205(a)(2) who retire on an early service retirement allowance pursuant to this section and whose employer adopted this part. Instead, the supplemental bridge benefit shall be equal to three-fourths of one percent (0.75%) of the participant's average final compensation, multiplied by the participant's years of creditable service when the participant was in a position covered by the mandatory retirement provisions of § 8-36-205 , but reduced by an actuarially determined factor as set by the board from time to time. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) Except as provided in § 8-36-912 , the early service retirement allowance payable to a participant under § 8-36-910 shall be computed as a service retirement allowance in accordance with § 8-36-907 , but reduced by an actuarially determined factor as set by the board from time to time.
(b) Section 8-36-124 shall not apply in determining the retirement allowance payable under this section. Further, § 8-36-211(a)(2) shall not apply in calculating the supplemental bridge benefit for participants covered by the mandatory retirement provisions of § 8-36-205(a)(1) who retire on an early service retirement allowance pursuant to this section, nor shall § 8-36-211(b)(2) apply in calculating the supplemental bridge benefit for participants covered by the mandatory retirement provisions of § 8-36-205(a)(2) who retire on an early service retirement allowance pursuant to this section and whose employer adopted this part. Instead, the supplemental bridge benefit shall be equal to three-fourths of one percent (0.75%) of the participant's average final compensation, multiplied by the participant's years of creditable service when the participant was in a position covered by the mandatory retirement provisions of § 8-36-205 , but reduced by an actuarially determined factor as set by the board from time to time.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-50-107 — TN Code / Title 8 / Chapter 50 / Section 8-50-107
Discrimination concerning employees of local government on basis of nonresidence prohibited - First responders
Status: in_force

(a) Notwithstanding any public law, private act, or municipal charter to the contrary, no person currently under employment with any municipality, county, or metropolitan form of government, shall be dismissed or penalized solely on the basis of nonresidence in such local government. (b) [Deleted by 2024 amendment.] (c) [Deleted by 2024 amendment.] (d) (1) Notwithstanding any law, private act, charter, resolution, or ordinance to the contrary, a local government shall not dismiss, discipline, fine, or penalize a first responder employed by a local government, or deny employment to a person applying to be a first responder, based on where the first responder or person applying to be a first responder resides. (2) As used in this subsection (d): (A) "First responder" means paid, full-time law enforcement officers, including jailers and correctional officers, firefighters, emergency medical personnel, and dispatchers of law enforcement, fire, and emergency medical service departments. "First responder" does not mean the chief or head of the department; and (B) (i) "Local government" means a county, metropolitan government, municipality, or other political subdivision of this state; (ii) [Deleted by 2024 amendment.] (3) This subsection (d) does not affect a local agency's policies: (A) Regarding the use of a department vehicle while not on duty; or (B) That require responses by employees who, based upon their assignment, are required to respond to an emergency or call out within a specific time period. Amended by 2024 Tenn. Acts, ch. 851,s 1, eff. 5/1/2024. Amended by 2023 Tenn. Acts, ch. 240, s 1, eff. 4/25/2023. Amended by 2022 Tenn. Acts, ch. 720, s 1, eff. 3/24/2022. Acts 1977, ch. 52, §§ 1, 2; T.C.A., § 8-4135.
(a) Notwithstanding any public law, private act, or municipal charter to the contrary, no person currently under employment with any municipality, county, or metropolitan form of government, shall be dismissed or penalized solely on the basis of nonresidence in such local government.
(b) [Deleted by 2024 amendment.]
(c) [Deleted by 2024 amendment.]
(d) (1) Notwithstanding any law, private act, charter, resolution, or ordinance to the contrary, a local government shall not dismiss, discipline, fine, or penalize a first responder employed by a local government, or deny employment to a person applying to be a first responder, based on where the first responder or person applying to be a first responder resides. (2) As used in this subsection (d): (A) "First responder" means paid, full-time law enforcement officers, including jailers and correctional officers, firefighters, emergency medical personnel, and dispatchers of law enforcement, fire, and emergency medical service departments. "First responder" does not mean the chief or head of the department; and (B) (i) "Local government" means a county, metropolitan government, municipality, or other political subdivision of this state; (ii) [Deleted by 2024 amendment.] (3) This subsection (d) does not affect a local agency's policies: (A) Regarding the use of a department vehicle while not on duty; or (B) That require responses by employees who, based upon their assignment, are required to respond to an emergency or call out within a specific time period.
(1) Notwithstanding any law, private act, charter, resolution, or ordinance to the contrary, a local government shall not dismiss, discipline, fine, or penalize a first responder employed by a local government, or deny employment to a person applying to be a first responder, based on where the first responder or person applying to be a first responder resides.
(2) As used in this subsection (d): (A) "First responder" means paid, full-time law enforcement officers, including jailers and correctional officers, firefighters, emergency medical personnel, and dispatchers of law enforcement, fire, and emergency medical service departments. "First responder" does not mean the chief or head of the department; and (B) (i) "Local government" means a county, metropolitan government, municipality, or other political subdivision of this state; (ii) [Deleted by 2024 amendment.]
(A) "First responder" means paid, full-time law enforcement officers, including jailers and correctional officers, firefighters, emergency medical personnel, and dispatchers of law enforcement, fire, and emergency medical service departments. "First responder" does not mean the chief or head of the department; and
(B) (i) "Local government" means a county, metropolitan government, municipality, or other political subdivision of this state; (ii) [Deleted by 2024 amendment.]
(i) "Local government" means a county, metropolitan government, municipality, or other political subdivision of this state;
(ii) [Deleted by 2024 amendment.]
(3) This subsection (d) does not affect a local agency's policies: (A) Regarding the use of a department vehicle while not on duty; or (B) That require responses by employees who, based upon their assignment, are required to respond to an emergency or call out within a specific time period.
(A) Regarding the use of a department vehicle while not on duty; or
(B) That require responses by employees who, based upon their assignment, are required to respond to an emergency or call out within a specific time period.
Amended by 2024 Tenn. Acts, ch. 851,s 1, eff. 5/1/2024.
Amended by 2023 Tenn. Acts, ch. 240, s 1, eff. 4/25/2023.
Amended by 2022 Tenn. Acts, ch. 720, s 1, eff. 3/24/2022.
Acts 1977, ch. 52, §§ 1, 2; T.C.A., § 8-4135.
Tenn. Code Ann. § 8-37-108 — TN Code / Title 8 / Chapter 37 / Section 8-37-108
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 805, s 2, eff. 4/24/2018. Amended by 2015 Tenn. Acts, ch. 421, s 11, eff. 5/8/2015. Amended by 2014 Tenn. Acts, ch. 659, Secs.s 33, s 34, s 35, s 36, s 37 eff. 4/10/2014. Amended by 2013 Tenn. Acts, ch. 296, s 24, eff. 4/29/2013. Acts 1972, ch. 814, § 7; 1978, ch. 741, § 3; T.C.A., § 8-3929(1), (2); Acts 1981, ch. 387, § 16; 1983, ch. 342, § 26; 2002, ch. 863, § 14.
Repealed by 2018 Tenn. Acts, ch. 805, s 2, eff. 4/24/2018.
Amended by 2015 Tenn. Acts, ch. 421, s 11, eff. 5/8/2015.
Amended by 2014 Tenn. Acts, ch. 659, Secs.s 33, s 34, s 35, s 36, s 37 eff. 4/10/2014.
Amended by 2013 Tenn. Acts, ch. 296, s 24, eff. 4/29/2013.
Acts 1972, ch. 814, § 7; 1978, ch. 741, § 3; T.C.A., § 8-3929(1), (2); Acts 1981, ch. 387, § 16; 1983, ch. 342, § 26; 2002, ch. 863, § 14.
Tenn. Code Ann. § 8-36-708 — TN Code / Title 8 / Chapter 36 / Section 8-36-708
Increase in allowance to beneficiaries retired under superseded state or teachers' systems - Exceptions
Status: in_force

(a) The retirement allowance of any beneficiary under the Tennessee teachers' retirement system or the Tennessee state retirement system shall be increased as of July 1, 1972, as follows: (1) The retirement allowance which would otherwise be payable, without regard to the election of any optional modification, shall be increased by ten percent (10%) of the amount of retirement allowance which would otherwise be payable before application of any flat minimum benefit formula or any post retirement increase and without regard to the election of any optional modification, but the total retirement allowance shall not exceed seventy-five percent (75%) of the beneficiary's average final compensation; (2) The retirement allowance recomputed under subdivision (a)(1) shall not be less than sixty-four dollars and eight cents ($64.08) for a retired former Class A member, multiplied by the number of years of the member's creditable service, nor less than seventy-two dollars ($72.00) for a retired former Class B member, multiplied by the number of years of the member's creditable service; (3) In no event shall the increase in the retirement allowance of any beneficiary under this section be less than twelve dollars ($12.00) multiplied by the number of years of creditable service. (b) Notwithstanding the foregoing, any member of the Tennessee state retirement system who retired as a Class C member of that system or under the special benefit provisions of that system applicable to firefighters and police officers or wildlife officers shall not be entitled to an increase in the member's retirement allowance under this section. Acts 1972, ch. 814, § 11; 1974, ch. 630, § 2; T.C.A., § 8-3935(3).
(a) The retirement allowance of any beneficiary under the Tennessee teachers' retirement system or the Tennessee state retirement system shall be increased as of July 1, 1972, as follows: (1) The retirement allowance which would otherwise be payable, without regard to the election of any optional modification, shall be increased by ten percent (10%) of the amount of retirement allowance which would otherwise be payable before application of any flat minimum benefit formula or any post retirement increase and without regard to the election of any optional modification, but the total retirement allowance shall not exceed seventy-five percent (75%) of the beneficiary's average final compensation; (2) The retirement allowance recomputed under subdivision (a)(1) shall not be less than sixty-four dollars and eight cents ($64.08) for a retired former Class A member, multiplied by the number of years of the member's creditable service, nor less than seventy-two dollars ($72.00) for a retired former Class B member, multiplied by the number of years of the member's creditable service; (3) In no event shall the increase in the retirement allowance of any beneficiary under this section be less than twelve dollars ($12.00) multiplied by the number of years of creditable service.
(1) The retirement allowance which would otherwise be payable, without regard to the election of any optional modification, shall be increased by ten percent (10%) of the amount of retirement allowance which would otherwise be payable before application of any flat minimum benefit formula or any post retirement increase and without regard to the election of any optional modification, but the total retirement allowance shall not exceed seventy-five percent (75%) of the beneficiary's average final compensation;
(2) The retirement allowance recomputed under subdivision (a)(1) shall not be less than sixty-four dollars and eight cents ($64.08) for a retired former Class A member, multiplied by the number of years of the member's creditable service, nor less than seventy-two dollars ($72.00) for a retired former Class B member, multiplied by the number of years of the member's creditable service;
(3) In no event shall the increase in the retirement allowance of any beneficiary under this section be less than twelve dollars ($12.00) multiplied by the number of years of creditable service.
(b) Notwithstanding the foregoing, any member of the Tennessee state retirement system who retired as a Class C member of that system or under the special benefit provisions of that system applicable to firefighters and police officers or wildlife officers shall not be entitled to an increase in the member's retirement allowance under this section.
Acts 1972, ch. 814, § 11; 1974, ch. 630, § 2; T.C.A., § 8-3935(3).
Tenn. Code Ann. § 8-7-104 — TN Code / Title 8 / Chapter 7 / Section 8-7-104
Practice of law prohibited
Status: in_force

District attorneys general are prohibited from engaging in the practice of law. Acts 1947, ch. 140, § 2; mod. C. Supp. 1950, § 9969 (Williams, § 9969.1); T.C.A. (orig. ed.), § 8-704.
District attorneys general are prohibited from engaging in the practice of law.
Acts 1947, ch. 140, § 2; mod. C. Supp. 1950, § 9969 (Williams, § 9969.1); T.C.A. (orig. ed.), § 8-704.
Tenn. Code Ann. § 8-19-106 — TN Code / Title 8 / Chapter 19 / Section 8-19-106
Premiums and registration fees
Status: in_force

The respective counties shall pay the premiums for such bonds and the registration fees. Acts 1941, ch. 138, § 6; C. Supp. 1950, § 1839.6; T.C.A. (orig. ed.), § 8-1906.
The respective counties shall pay the premiums for such bonds and the registration fees.
Acts 1941, ch. 138, § 6; C. Supp. 1950, § 1839.6; T.C.A. (orig. ed.), § 8-1906.
Tenn. Code Ann. § 8-37-207 — TN Code / Title 8 / Chapter 37 / Section 8-37-207
Contributions credited to individual accounts - Interest on contributions
Status: in_force

Each contribution shall be credited, with interest thereon, to the individual account of the member from whose compensation the deduction was made. Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
Each contribution shall be credited, with interest thereon, to the individual account of the member from whose compensation the deduction was made.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
Tenn. Code Ann. § 8-8-104 — TN Code / Title 8 / Chapter 8 / Section 8-8-104
Oath of office
Status: in_force

The sheriff shall, besides the oaths prescribed for public officers, take an oath that the sheriff has not promised or given, nor will give, any fee, gift, gratuity, or reward for the office or for aid in procuring such office, that the sheriff will not take any fee, gift, or bribe, or gratuity for returning any person as a juror or for making any false return of any process, and that the sheriff will faithfully execute the office of sheriff to the best of such sheriff's knowledge and ability agreeably to law. Code 1858, § 356 (deriv. Acts 1777 (Nov.), ch. 8, § 2); Shan., § 445; Code 1932, § 692; T.C.A. (orig. ed.), § 8-804.
The sheriff shall, besides the oaths prescribed for public officers, take an oath that the sheriff has not promised or given, nor will give, any fee, gift, gratuity, or reward for the office or for aid in procuring such office, that the sheriff will not take any fee, gift, or bribe, or gratuity for returning any person as a juror or for making any false return of any process, and that the sheriff will faithfully execute the office of sheriff to the best of such sheriff's knowledge and ability agreeably to law.
Code 1858, § 356 (deriv. Acts 1777 (Nov.), ch. 8, § 2); Shan., § 445; Code 1932, § 692; T.C.A. (orig. ed.), § 8-804.
Tenn. Code Ann. § 8-37-206 — TN Code / Title 8 / Chapter 37 / Section 8-37-206
Disposition of sums deducted - Records and reports
Status: in_force

(a) All sums deducted shall be transmitted to the state treasurer, and the state treasurer shall furnish the comptroller of the treasury, the commissioner of finance and administration and the board of trustees with a record of all such moneys. (b) The amounts deducted shall be reported to the board of trustees. (c) Each of such amounts, when deducted, shall be paid to the retirement system and credited to the individual account, in the members' fund, of the member from whose compensation the deduction was made. Acts 1972, ch. 814, § 8; 1974, ch. 788, § 5; T.C.A., § 8-3930(1).
(a) All sums deducted shall be transmitted to the state treasurer, and the state treasurer shall furnish the comptroller of the treasury, the commissioner of finance and administration and the board of trustees with a record of all such moneys.
(b) The amounts deducted shall be reported to the board of trustees.
(c) Each of such amounts, when deducted, shall be paid to the retirement system and credited to the individual account, in the members' fund, of the member from whose compensation the deduction was made.
Acts 1972, ch. 814, § 8; 1974, ch. 788, § 5; T.C.A., § 8-3930(1).
Tenn. Code Ann. § 8-3-101 — TN Code / Title 8 / Chapter 3 / Section 8-3-101
Election - Term of office
Status: in_force

A secretary of state shall be elected by joint vote of the general assembly, and commissioned for a term of four (4) years. Code 1858, §§ 194, 812 (deriv. Const. 1834, art. 3, § 17); Shan., §§ 242, 1136; Code 1932, §§ 188, 1903; T.C.A. (orig. ed.), § 8-301.
A secretary of state shall be elected by joint vote of the general assembly, and commissioned for a term of four (4) years.
Code 1858, §§ 194, 812 (deriv. Const. 1834, art. 3, § 17); Shan., §§ 242, 1136; Code 1932, §§ 188, 1903; T.C.A. (orig. ed.), § 8-301.
Tenn. Code Ann. § 8-24-111 — TN Code / Title 8 / Chapter 24 / Section 8-24-111
Ex officio services of sheriff
Status: in_force

The county legislative bodies of the different counties shall, at their first session in each and every year, make such allowance as they, in their discretion, think sufficient to compensate their sheriffs for ex officio service. Code 1858, § 4564; Acts 1870-1871, ch. 38, § 1; Shan., § 6404; Code 1932, § 10708; impl. am. Acts 1978, ch. 934, §§7, 36; modified; T.C.A. (orig. ed.), § 8-2413.
The county legislative bodies of the different counties shall, at their first session in each and every year, make such allowance as they, in their discretion, think sufficient to compensate their sheriffs for ex officio service.
Code 1858, § 4564; Acts 1870-1871, ch. 38, § 1; Shan., § 6404; Code 1932, § 10708; impl. am. Acts 1978, ch. 934, §§7, 36; modified; T.C.A. (orig. ed.), § 8-2413.
Tenn. Code Ann. § 8-50-108 — TN Code / Title 8 / Chapter 50 / Section 8-50-108
Access to personnel files
Status: in_force

Notwithstanding any other provisions of this title to the contrary, any state employee, regardless of position or classification, shall be entitled to have access at any reasonable time to such employee's personnel files. The employee may request copies of any material contained in such personnel files, which copies shall be furnished to the employee upon the employee's payment of the cost of such reproduction. Acts 1979, ch. 92, § 1; T.C.A., § 8-4137.
Notwithstanding any other provisions of this title to the contrary, any state employee, regardless of position or classification, shall be entitled to have access at any reasonable time to such employee's personnel files. The employee may request copies of any material contained in such personnel files, which copies shall be furnished to the employee upon the employee's payment of the cost of such reproduction.
Acts 1979, ch. 92, § 1; T.C.A., § 8-4137.
Tenn. Code Ann. § 8-36-915 — TN Code / Title 8 / Chapter 36 / Section 8-36-915
Administration of the defined benefit component of the hybrid plan
Status: in_force

Except as otherwise provided in this part, administration of the defined benefit component of the hybrid plan shall be governed by chapters 34-37 of this title and administration of the optional retirement program shall be governed by chapter 25; provided, however, that any reference in chapters 34-37 of this title to the eligibility requirements for an early or service retirement allowance under the hybrid plan shall for purposes of this part mean the eligibility requirements set forth in §§ 8-36-906 and 8-36-910 . Any reference in chapters 34-37 of this title to the formula for computing an early or service retirement allowance, or for computing a disability retirement allowance under the hybrid plan shall for purposes of this part mean the applicable formula as set out in §§ 8-36-907 - 8-36-909 and §§ 8-36-911 - 8-36-913. Amended by 2015 Tenn. Acts, ch. 118, s 9, eff. 4/10/2015. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Except as otherwise provided in this part, administration of the defined benefit component of the hybrid plan shall be governed by chapters 34-37 of this title and administration of the optional retirement program shall be governed by chapter 25; provided, however, that any reference in chapters 34-37 of this title to the eligibility requirements for an early or service retirement allowance under the hybrid plan shall for purposes of this part mean the eligibility requirements set forth in §§ 8-36-906 and 8-36-910 . Any reference in chapters 34-37 of this title to the formula for computing an early or service retirement allowance, or for computing a disability retirement allowance under the hybrid plan shall for purposes of this part mean the applicable formula as set out in §§ 8-36-907 - 8-36-909 and §§ 8-36-911 - 8-36-913.
Amended by 2015 Tenn. Acts, ch. 118, s 9, eff. 4/10/2015.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-14-307 — TN Code / Title 8 / Chapter 14 / Section 8-14-307
Executive director and personnel - State employees
Status: in_force

The executive director and personnel of the district public defenders conference shall be state employees, entitled to all state employee benefit programs. Acts 1989, ch. 588, § 23; 1996, ch. 610, § 4.
The executive director and personnel of the district public defenders conference shall be state employees, entitled to all state employee benefit programs.
Acts 1989, ch. 588, § 23; 1996, ch. 610, § 4.
Tenn. Code Ann. § 8-23-209 — TN Code / Title 8 / Chapter 23 / Section 8-23-209
Benefits for nurses on reduced schedule
Status: in_force

Notwithstanding any law to the contrary, the commissioner of human resources, in consultation with the commissioner of finance and administration, the state treasurer and other affected agency heads, may develop and implement a plan to employ nurses under which an employee may accrue full benefits while working a reduced schedule. Acts 2003, ch. 355, § 10; 2007, ch. 60.
Notwithstanding any law to the contrary, the commissioner of human resources, in consultation with the commissioner of finance and administration, the state treasurer and other affected agency heads, may develop and implement a plan to employ nurses under which an employee may accrue full benefits while working a reduced schedule.
Acts 2003, ch. 355, § 10; 2007, ch. 60.
Tenn. Code Ann. § 8-30-201 — TN Code / Title 8 / Chapter 30 / Section 8-30-201
Division of state service into preferred service and executive service
Status: in_force

State service is divided into the preferred service and executive service. Acts 2012, ch. 800, § 10.
State service is divided into the preferred service and executive service.
Acts 2012, ch. 800, § 10.
Tenn. Code Ann. § 8-4-401 — TN Code / Title 8 / Chapter 4 / Section 8-4-401
Short title
Status: in_force

This part shall be known and may be cited as the "Advocacy for Honest and Appropriate Government Spending Act." Acts 2006, ch. 972, § 1.
This part shall be known and may be cited as the "Advocacy for Honest and Appropriate Government Spending Act."
Acts 2006, ch. 972, § 1.
Tenn. Code Ann. § 8-5-107 — TN Code / Title 8 / Chapter 5 / Section 8-5-107
General ledger
Status: in_force

The state treasurer shall keep a general ledger of accounts, into which the state treasurer shall post all of the receipts and disbursements of the office, arranging the receipts and disbursements under the appropriate accounts. The state treasurer shall open in the ledger a general account of receipts and disbursements, which shall be reconciled currently with the general ledger maintained by the commissioner of finance and administration, in the accounts section, as of the last day of each month of the fiscal year. Code 1858, § 238 (deriv. Acts 1835-1836, ch. 27, § 12); Shan., § 290; Code 1932, § 246; mod. C. Supp. 1950, § 246; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 138, § 1; T.C.A. (orig. ed.), § 8-507.
The state treasurer shall keep a general ledger of accounts, into which the state treasurer shall post all of the receipts and disbursements of the office, arranging the receipts and disbursements under the appropriate accounts. The state treasurer shall open in the ledger a general account of receipts and disbursements, which shall be reconciled currently with the general ledger maintained by the commissioner of finance and administration, in the accounts section, as of the last day of each month of the fiscal year.
Code 1858, § 238 (deriv. Acts 1835-1836, ch. 27, § 12); Shan., § 290; Code 1932, § 246; mod. C. Supp. 1950, § 246; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 138, § 1; T.C.A. (orig. ed.), § 8-507.
Tenn. Code Ann. § 8-35-309 — TN Code / Title 8 / Chapter 35 / Section 8-35-309
Determination of normal and accrued liability contributions
Status: in_force

Notwithstanding any other provision of chapters 34-37 of this title, the actuary in determining the normal and accrued liability contributions and the board in setting such contributions and the amount of the appropriation to be paid by the state to the state accumulation fund shall include the liability on account of teachers in the employ of employers having local retirement funds, and the state annuities payable from the state accumulation fund shall include those payable on account of teachers in the service of employers having local retirement funds as provided in this part. Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(5).
Notwithstanding any other provision of chapters 34-37 of this title, the actuary in determining the normal and accrued liability contributions and the board in setting such contributions and the amount of the appropriation to be paid by the state to the state accumulation fund shall include the liability on account of teachers in the employ of employers having local retirement funds, and the state annuities payable from the state accumulation fund shall include those payable on account of teachers in the service of employers having local retirement funds as provided in this part.
Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(5).
Tenn. Code Ann. § 8-36-902 — TN Code / Title 8 / Chapter 36 / Section 8-36-902
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "County judge" means a judge of a general sessions court, probate judge, or judge of a juvenile and/or domestic relations court; (2) "Defined benefit component" means the portion of the hybrid plan that provides a defined benefit plan within the retirement system, but which has its own vesting, benefit structure, and contribution requirements as set forth in this part; (3) "Defined contribution component" means the portion of the hybrid plan that provides a defined contribution plan within the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title; (4) "Hybrid plan" means a plan that provides a combination of a defined benefit plan and a defined contribution plan which, together, are intended to comply with the provisions of the Internal Revenue Code (26 U.S.C.) that are applicable to governmental plans; (5) "Participant" means any state employee, teacher, or political subdivision employee participating in the hybrid plan; (6) "Political subdivision" means any entity authorized to participate in the retirement system pursuant to chapter 35, part 2 of this title; (7) "Political subdivision employee" means any person in the employ of a political subdivision, including a county judge, but does not include any person performing services on a contractual or percentage basis; (8) "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, and district public defenders, or 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. For purposes of this part, "state employee" does not include the governor or any person employed on a contractual or percentage basis. Any retirement allowances payable in respect of a former governor shall be as prescribed by chapter 39, part 2 of this title in lieu of any other benefits to which the governor may otherwise be entitled under chapters 34-37 of this title; (9) "State judge" has the meaning set forth in § 8-34-101 ; and (10) "Teacher" has the meaning set forth in § 8-34-101(49)(B) , but does not include any person employed by a public institution of higher education. (b) Terms used in this part that are not otherwise defined shall have the same meaning ascribed to them in chapters 34-37 of this title. Amended by 2014 Tenn. Acts, ch. 659, s 24, eff. 7/1/2014. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) As used in this part, unless the context otherwise requires: (1) "County judge" means a judge of a general sessions court, probate judge, or judge of a juvenile and/or domestic relations court; (2) "Defined benefit component" means the portion of the hybrid plan that provides a defined benefit plan within the retirement system, but which has its own vesting, benefit structure, and contribution requirements as set forth in this part; (3) "Defined contribution component" means the portion of the hybrid plan that provides a defined contribution plan within the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title; (4) "Hybrid plan" means a plan that provides a combination of a defined benefit plan and a defined contribution plan which, together, are intended to comply with the provisions of the Internal Revenue Code (26 U.S.C.) that are applicable to governmental plans; (5) "Participant" means any state employee, teacher, or political subdivision employee participating in the hybrid plan; (6) "Political subdivision" means any entity authorized to participate in the retirement system pursuant to chapter 35, part 2 of this title; (7) "Political subdivision employee" means any person in the employ of a political subdivision, including a county judge, but does not include any person performing services on a contractual or percentage basis; (8) "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, and district public defenders, or 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. For purposes of this part, "state employee" does not include the governor or any person employed on a contractual or percentage basis. Any retirement allowances payable in respect of a former governor shall be as prescribed by chapter 39, part 2 of this title in lieu of any other benefits to which the governor may otherwise be entitled under chapters 34-37 of this title; (9) "State judge" has the meaning set forth in § 8-34-101 ; and (10) "Teacher" has the meaning set forth in § 8-34-101(49)(B) , but does not include any person employed by a public institution of higher education.
(1) "County judge" means a judge of a general sessions court, probate judge, or judge of a juvenile and/or domestic relations court;
(2) "Defined benefit component" means the portion of the hybrid plan that provides a defined benefit plan within the retirement system, but which has its own vesting, benefit structure, and contribution requirements as set forth in this part;
(3) "Defined contribution component" means the portion of the hybrid plan that provides a defined contribution plan within the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title;
(4) "Hybrid plan" means a plan that provides a combination of a defined benefit plan and a defined contribution plan which, together, are intended to comply with the provisions of the Internal Revenue Code (26 U.S.C.) that are applicable to governmental plans;
(5) "Participant" means any state employee, teacher, or political subdivision employee participating in the hybrid plan;
(6) "Political subdivision" means any entity authorized to participate in the retirement system pursuant to chapter 35, part 2 of this title;
(7) "Political subdivision employee" means any person in the employ of a political subdivision, including a county judge, but does not include any person performing services on a contractual or percentage basis;
(8) "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, and district public defenders, or 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. For purposes of this part, "state employee" does not include the governor or any person employed on a contractual or percentage basis. Any retirement allowances payable in respect of a former governor shall be as prescribed by chapter 39, part 2 of this title in lieu of any other benefits to which the governor may otherwise be entitled under chapters 34-37 of this title;
(9) "State judge" has the meaning set forth in § 8-34-101 ; and
(10) "Teacher" has the meaning set forth in § 8-34-101(49)(B) , but does not include any person employed by a public institution of higher education.
(b) Terms used in this part that are not otherwise defined shall have the same meaning ascribed to them in chapters 34-37 of this title.
Amended by 2014 Tenn. Acts, ch. 659, s 24, eff. 7/1/2014.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-8-216 — TN Code / Title 8 / Chapter 8 / Section 8-8-216
Service of process or other paper by employee of party prohibited - Penalty
Status: in_force

(a) It is unlawful for any sheriff, deputy sheriff or constable to serve any summons, writ, process or other proceeding in any civil action when such officer is a salaried or commissioned employee of any party to the action or suit wherein any such summons, writ, process or other proceeding has been issued. (b) A violation of this section is a Class C misdemeanor. Acts 1959, ch. 237, §§ 1, 2; T.C.A., § 8-825; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any sheriff, deputy sheriff or constable to serve any summons, writ, process or other proceeding in any civil action when such officer is a salaried or commissioned employee of any party to the action or suit wherein any such summons, writ, process or other proceeding has been issued.
(b) A violation of this section is a Class C misdemeanor.
Acts 1959, ch. 237, §§ 1, 2; T.C.A., § 8-825; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 8-11-108 — TN Code / Title 8 / Chapter 11 / Section 8-11-108
Forfeiture for defaults
Status: in_force

The county trustee shall incur a forfeiture of five hundred dollars ($500), to the use of the county, to be recovered on motion before the circuit court, for each of the following defaults: (1) For refusing at any time to furnish the county mayor with any vouchers or papers in the trustee's hands, deemed necessary by the county mayor for perfecting any settlement with any person accountable for the county revenue; (2) For refusing to receive, in payment of county taxes, county warrants for which the county, by law, stands indebted; or (3) For refusing to settle or pay according to law. Code 1858, § 431 (deriv. Acts 1797, ch. 14, §§ 5, 6); Shan., §527; Code 1932, § 779; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §8-1108; Acts 2003 , ch. 90, § 2.
The county trustee shall incur a forfeiture of five hundred dollars ($500), to the use of the county, to be recovered on motion before the circuit court, for each of the following defaults:
(1) For refusing at any time to furnish the county mayor with any vouchers or papers in the trustee's hands, deemed necessary by the county mayor for perfecting any settlement with any person accountable for the county revenue;
(2) For refusing to receive, in payment of county taxes, county warrants for which the county, by law, stands indebted; or
(3) For refusing to settle or pay according to law.
Code 1858, § 431 (deriv. Acts 1797, ch. 14, §§ 5, 6); Shan., §527; Code 1932, § 779; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §8-1108; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 8-27-704 — TN Code / Title 8 / Chapter 27 / Section 8-27-704
Eligibility for enrollment in plans - Participation of surviving spouse and eligible dependents of plan participant killed in line of duty as national guard member
Status: in_force

(a) County officials, as defined in § 8-34-101 , shall be allowed to participate in any plan established by the local government insurance committee even if the county does not participate. The cost of participation shall be determined by the local government insurance committee, and the official may be required to bear the full cost of participation. (b) For purposes of this part and determining eligibility to participate within a health insurance plan established pursuant to this section, "employees of local governments and quasi-governmental organizations" includes, but is not limited to, utility district commissioners appointed or elected pursuant to § 7-82-307 . Nothing in this subsection (b) shall diminish the requirements in §§ 8-27-702(b) , 8-27-703(a) and 8-27-703(b) . (c) Local government agencies seeking to enroll in any plan offered by the local government insurance committee shall provide, in its request for enrollment, the following: (1) Verification that a majority of eligible employees of the local government agency have agreed to enroll in the plan. The local government insurance committee may waive the majority requirement if, in its discretion, there is good cause to do so; and (2) Information necessary for processing the enrollment, including names and required identifying information, financial information necessary to process payments, and signed memoranda of understanding. (d) The local government insurance committee reserves the right to audit participation and to terminate agencies whose participation falls below a majority of eligible employees. (e) (1) The surviving spouse and eligible dependent children of a participant in the health plan authorized in § 8-27-702 , who maintains family coverage, who is a member of the Tennessee army national guard or the Tennessee air national guard, who has been activated for federal duty or who has been called up on state active duty, and who is subsequently killed in the performance of that duty, may participate in the group health insurance plan authorized in this section. (2) The cost of the coverage provided in this section to the surviving spouse and dependent children shall be equal to twenty percent (20%) of the monthly premium paid by employees for the same coverage. The military department shall pay the balance of the monthly premium. (3) The criteria for determination of eligibility of dependent children shall be the same as the criteria established by the local government insurance committee for participating employees and their families. (4) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage authorized in this subsection (e) shall be terminated on the first day of the following month. The local government insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during the transfer of coverage. (5) In the event that insurance coverage under the local government plan is terminated for the surviving spouse pursuant to subdivision (e)(4), but the surviving spouse is unable to secure, through the new coverage, insurance coverage for the eligible dependent children, the dependent children may continue coverage under this section; provided, that the dependent children continue to meet all dependent eligibility requirements. (6) This subsection (e) shall be retroactive to September 11, 2001. As individuals who are qualified for such extension are identified, elect coverage, and pay the appropriate contribution, the coverage shall be provided on a prospective basis. Amended by 2015 Tenn. Acts, ch. 426, s 4, eff. 5/18/2015. Acts 1989, ch. 181, § 4.
(a) County officials, as defined in § 8-34-101 , shall be allowed to participate in any plan established by the local government insurance committee even if the county does not participate. The cost of participation shall be determined by the local government insurance committee, and the official may be required to bear the full cost of participation.
(b) For purposes of this part and determining eligibility to participate within a health insurance plan established pursuant to this section, "employees of local governments and quasi-governmental organizations" includes, but is not limited to, utility district commissioners appointed or elected pursuant to § 7-82-307 . Nothing in this subsection (b) shall diminish the requirements in §§ 8-27-702(b) , 8-27-703(a) and 8-27-703(b) .
(c) Local government agencies seeking to enroll in any plan offered by the local government insurance committee shall provide, in its request for enrollment, the following: (1) Verification that a majority of eligible employees of the local government agency have agreed to enroll in the plan. The local government insurance committee may waive the majority requirement if, in its discretion, there is good cause to do so; and (2) Information necessary for processing the enrollment, including names and required identifying information, financial information necessary to process payments, and signed memoranda of understanding.
(1) Verification that a majority of eligible employees of the local government agency have agreed to enroll in the plan. The local government insurance committee may waive the majority requirement if, in its discretion, there is good cause to do so; and
(2) Information necessary for processing the enrollment, including names and required identifying information, financial information necessary to process payments, and signed memoranda of understanding.
(d) The local government insurance committee reserves the right to audit participation and to terminate agencies whose participation falls below a majority of eligible employees.
(e) (1) The surviving spouse and eligible dependent children of a participant in the health plan authorized in § 8-27-702 , who maintains family coverage, who is a member of the Tennessee army national guard or the Tennessee air national guard, who has been activated for federal duty or who has been called up on state active duty, and who is subsequently killed in the performance of that duty, may participate in the group health insurance plan authorized in this section. (2) The cost of the coverage provided in this section to the surviving spouse and dependent children shall be equal to twenty percent (20%) of the monthly premium paid by employees for the same coverage. The military department shall pay the balance of the monthly premium. (3) The criteria for determination of eligibility of dependent children shall be the same as the criteria established by the local government insurance committee for participating employees and their families. (4) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage authorized in this subsection (e) shall be terminated on the first day of the following month. The local government insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during the transfer of coverage. (5) In the event that insurance coverage under the local government plan is terminated for the surviving spouse pursuant to subdivision (e)(4), but the surviving spouse is unable to secure, through the new coverage, insurance coverage for the eligible dependent children, the dependent children may continue coverage under this section; provided, that the dependent children continue to meet all dependent eligibility requirements. (6) This subsection (e) shall be retroactive to September 11, 2001. As individuals who are qualified for such extension are identified, elect coverage, and pay the appropriate contribution, the coverage shall be provided on a prospective basis.
(1) The surviving spouse and eligible dependent children of a participant in the health plan authorized in § 8-27-702 , who maintains family coverage, who is a member of the Tennessee army national guard or the Tennessee air national guard, who has been activated for federal duty or who has been called up on state active duty, and who is subsequently killed in the performance of that duty, may participate in the group health insurance plan authorized in this section.
(2) The cost of the coverage provided in this section to the surviving spouse and dependent children shall be equal to twenty percent (20%) of the monthly premium paid by employees for the same coverage. The military department shall pay the balance of the monthly premium.
(3) The criteria for determination of eligibility of dependent children shall be the same as the criteria established by the local government insurance committee for participating employees and their families.
(4) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage authorized in this subsection (e) shall be terminated on the first day of the following month. The local government insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during the transfer of coverage.
(5) In the event that insurance coverage under the local government plan is terminated for the surviving spouse pursuant to subdivision (e)(4), but the surviving spouse is unable to secure, through the new coverage, insurance coverage for the eligible dependent children, the dependent children may continue coverage under this section; provided, that the dependent children continue to meet all dependent eligibility requirements.
(6) This subsection (e) shall be retroactive to September 11, 2001. As individuals who are qualified for such extension are identified, elect coverage, and pay the appropriate contribution, the coverage shall be provided on a prospective basis.
Amended by 2015 Tenn. Acts, ch. 426, s 4, eff. 5/18/2015.
Acts 1989, ch. 181, § 4.
Tenn. Code Ann. § 8-36-111 — TN Code / Title 8 / Chapter 36 / Section 8-36-111
Exemption of benefits from execution, attachment, garnishment and assignment
Status: in_force

All retirement allowances and other benefits accrued or accruing to any person under chapters 34-37 of this title, the accumulated contributions of members and the cash and assets in the funds created under chapters 34-37 of this title shall not be subject to execution, attachment, garnishment, or other process whatsoever, nor shall any assignment thereof be enforceable in any court. Acts 1972, ch. 814, § 14; 1973, ch. 347, § 28; T.C.A., § 8-3944; Acts 1993, ch. 67, § 19; 2002, ch. 863, § 24.
All retirement allowances and other benefits accrued or accruing to any person under chapters 34-37 of this title, the accumulated contributions of members and the cash and assets in the funds created under chapters 34-37 of this title shall not be subject to execution, attachment, garnishment, or other process whatsoever, nor shall any assignment thereof be enforceable in any court.
Acts 1972, ch. 814, § 14; 1973, ch. 347, § 28; T.C.A., § 8-3944; Acts 1993, ch. 67, § 19; 2002, ch. 863, § 24.
Tenn. Code Ann. § 8-4-602 — TN Code / Title 8 / Chapter 4 / Section 8-4-602
Advisory committee - Membership
Status: in_force

(a) There is created an advisory committee on open government to provide guidance and advice for the office of open records counsel. (b) (1) The advisory committee shall consist of fourteen (14) members to be appointed for a term of four (4) years; provided, that the five (5) members listed in subdivisions (b)(1)(A)-(E) shall be appointed for an initial term of four (4) years and the five (5) members listed in subdivisions (b)(1)(F)-(J) shall be appointed for an initial term of two (2) years. The members listed in subdivisions (b)(1)(K), (L), (M) and (N) shall be appointed for an initial term of four (4) years. The advisory committee shall be made up of one (1) member from each of the following groups who will be appointed by the comptroller of the treasury from a list of three (3) nominees submitted from each group: (A) One (1) member from the Tennessee Coalition for Open Government; (B) One (1) member from the Tennessee Press Association; (C) One (1) member from the Tennessee Municipal League; (D) One (1) member from either the Tennessee County Services Association or the County Officials Association of Tennessee; (E) One (1) member from the Tennessee School Boards Association; (F) One (1) member from Common Cause; (G) One (1) member from the League of Women Voters; (H) One (1) member from public hospitals submitted by the Tennessee Hospital Association; (I) One (1) member from the Tennessee Association of Broadcasters; (J) One (1) member representing the board of regents or the University of Tennessee; (K) One (1) member from the Tennessee Association of Chiefs of Police; (L) One (1) member from the Tennessee Sheriffs' Association; (M) One (1) member from the Society of Professional Journalists; and (N) One (1) member from the American Association of Retired People. (2) The advisory committee shall also consist of the chair of the state and local government committee of the senate and the state government committee of the house of representatives and the attorney general and reporter or the attorney general and reporter's designee. (c) The nonlegislative members shall not receive compensation for serving on the committee but shall be reimbursed for attendance at meetings in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. Amended by 2013 Tenn. Acts, ch. 236,s 65, eff. 4/19/2013. Acts 2008, ch. 1179, § 6; 2010, ch. 1148, §§ 1 - 3.
(a) There is created an advisory committee on open government to provide guidance and advice for the office of open records counsel.
(b) (1) The advisory committee shall consist of fourteen (14) members to be appointed for a term of four (4) years; provided, that the five (5) members listed in subdivisions (b)(1)(A)-(E) shall be appointed for an initial term of four (4) years and the five (5) members listed in subdivisions (b)(1)(F)-(J) shall be appointed for an initial term of two (2) years. The members listed in subdivisions (b)(1)(K), (L), (M) and (N) shall be appointed for an initial term of four (4) years. The advisory committee shall be made up of one (1) member from each of the following groups who will be appointed by the comptroller of the treasury from a list of three (3) nominees submitted from each group: (A) One (1) member from the Tennessee Coalition for Open Government; (B) One (1) member from the Tennessee Press Association; (C) One (1) member from the Tennessee Municipal League; (D) One (1) member from either the Tennessee County Services Association or the County Officials Association of Tennessee; (E) One (1) member from the Tennessee School Boards Association; (F) One (1) member from Common Cause; (G) One (1) member from the League of Women Voters; (H) One (1) member from public hospitals submitted by the Tennessee Hospital Association; (I) One (1) member from the Tennessee Association of Broadcasters; (J) One (1) member representing the board of regents or the University of Tennessee; (K) One (1) member from the Tennessee Association of Chiefs of Police; (L) One (1) member from the Tennessee Sheriffs' Association; (M) One (1) member from the Society of Professional Journalists; and (N) One (1) member from the American Association of Retired People. (2) The advisory committee shall also consist of the chair of the state and local government committee of the senate and the state government committee of the house of representatives and the attorney general and reporter or the attorney general and reporter's designee.
(1) The advisory committee shall consist of fourteen (14) members to be appointed for a term of four (4) years; provided, that the five (5) members listed in subdivisions (b)(1)(A)-(E) shall be appointed for an initial term of four (4) years and the five (5) members listed in subdivisions (b)(1)(F)-(J) shall be appointed for an initial term of two (2) years. The members listed in subdivisions (b)(1)(K), (L), (M) and (N) shall be appointed for an initial term of four (4) years. The advisory committee shall be made up of one (1) member from each of the following groups who will be appointed by the comptroller of the treasury from a list of three (3) nominees submitted from each group: (A) One (1) member from the Tennessee Coalition for Open Government; (B) One (1) member from the Tennessee Press Association; (C) One (1) member from the Tennessee Municipal League; (D) One (1) member from either the Tennessee County Services Association or the County Officials Association of Tennessee; (E) One (1) member from the Tennessee School Boards Association; (F) One (1) member from Common Cause; (G) One (1) member from the League of Women Voters; (H) One (1) member from public hospitals submitted by the Tennessee Hospital Association; (I) One (1) member from the Tennessee Association of Broadcasters; (J) One (1) member representing the board of regents or the University of Tennessee; (K) One (1) member from the Tennessee Association of Chiefs of Police; (L) One (1) member from the Tennessee Sheriffs' Association; (M) One (1) member from the Society of Professional Journalists; and (N) One (1) member from the American Association of Retired People.
(A) One (1) member from the Tennessee Coalition for Open Government;
(B) One (1) member from the Tennessee Press Association;
(C) One (1) member from the Tennessee Municipal League;
(D) One (1) member from either the Tennessee County Services Association or the County Officials Association of Tennessee;
(E) One (1) member from the Tennessee School Boards Association;
(F) One (1) member from Common Cause;
(G) One (1) member from the League of Women Voters;
(H) One (1) member from public hospitals submitted by the Tennessee Hospital Association;
(I) One (1) member from the Tennessee Association of Broadcasters;
(J) One (1) member representing the board of regents or the University of Tennessee;
(K) One (1) member from the Tennessee Association of Chiefs of Police;
(L) One (1) member from the Tennessee Sheriffs' Association;
(M) One (1) member from the Society of Professional Journalists; and
(N) One (1) member from the American Association of Retired People.
(2) The advisory committee shall also consist of the chair of the state and local government committee of the senate and the state government committee of the house of representatives and the attorney general and reporter or the attorney general and reporter's designee.
(c) The nonlegislative members shall not receive compensation for serving on the committee but shall be reimbursed for attendance at meetings in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
Amended by 2013 Tenn. Acts, ch. 236,s 65, eff. 4/19/2013.
Acts 2008, ch. 1179, § 6; 2010, ch. 1148, §§ 1 - 3.
Tenn. Code Ann. § 8-50-110 — TN Code / Title 8 / Chapter 50 / Section 8-50-110
Use of annual leave to attend statewide meeting of employee association
Status: in_force

(a) Subject to the limitations hereinafter established, an officer or an employee who belongs to any employee association which is qualified for payroll deduction for association dues as set forth in § 8-23-204 shall be entitled to use two (2) days of their accrued annual leave pursuant to part 8 of this chapter each year to attend a statewide meeting, conference or convention of the association. The total number of officers or employees entitled to such annual leave shall not exceed five percent (5%) of the total number of employees who are members of the association according to the latest certification of the chief administrative officer made to the commissioner of finance and administration as required by § 8-23-204 . Each such association may determine the method of allocating such leave among its members and shall, not more than thirty (30) nor less than fifteen (15) days prior to the date such leave is to be taken, certify to the commissioner of human resources the names of each person and that person's alternates who have been selected by the association as being entitled to such annual leave to attend the statewide meeting, conference or convention. (b) The first twenty-five percent (25%) of the employees of any work unit shall be granted such absence from work with pay based upon accrued annual leave. More than twenty-five percent (25%) of the employees of any work unit may be granted such absence from work with pay at the discretion of the head of the department or agency. (c) An officer or an employee who belongs to any employee association which is qualified for payroll deduction for association dues as set forth in § 8-23-204 and who is a member of the official board of such association shall be entitled to receive administrative leave days in order to attend board meetings to conduct business of the association; provided, that such leave shall not exceed twelve (12) days in any calendar year. Acts 1981, ch. 123, § 1; 2007 , ch. 60; 2010 , ch. 708, § 1.
(a) Subject to the limitations hereinafter established, an officer or an employee who belongs to any employee association which is qualified for payroll deduction for association dues as set forth in § 8-23-204 shall be entitled to use two (2) days of their accrued annual leave pursuant to part 8 of this chapter each year to attend a statewide meeting, conference or convention of the association. The total number of officers or employees entitled to such annual leave shall not exceed five percent (5%) of the total number of employees who are members of the association according to the latest certification of the chief administrative officer made to the commissioner of finance and administration as required by § 8-23-204 . Each such association may determine the method of allocating such leave among its members and shall, not more than thirty (30) nor less than fifteen (15) days prior to the date such leave is to be taken, certify to the commissioner of human resources the names of each person and that person's alternates who have been selected by the association as being entitled to such annual leave to attend the statewide meeting, conference or convention.
(b) The first twenty-five percent (25%) of the employees of any work unit shall be granted such absence from work with pay based upon accrued annual leave. More than twenty-five percent (25%) of the employees of any work unit may be granted such absence from work with pay at the discretion of the head of the department or agency.
(c) An officer or an employee who belongs to any employee association which is qualified for payroll deduction for association dues as set forth in § 8-23-204 and who is a member of the official board of such association shall be entitled to receive administrative leave days in order to attend board meetings to conduct business of the association; provided, that such leave shall not exceed twelve (12) days in any calendar year.
Acts 1981, ch. 123, § 1; 2007 , ch. 60; 2010 , ch. 708, § 1.
Tenn. Code Ann. § 8-35-125 — TN Code / Title 8 / Chapter 35 / Section 8-35-125
Forfeiture of service
Status: in_force

(a) (1) Any member who is separated from service for reasons other than retirement or death may elect to forfeit all contributory and noncontributory service established by such member under chapters 34-37 of this title for the purpose of establishing such service in another state, federal, county or municipal retirement program. (2) To be effective, the following conditions must be met: (A) The member must not have received any retirement benefits based upon such service; (B) The service must be creditable in the other retirement program; (C) If any of the service is contributory service, the member must have taken a refund of the member's accumulated contributions pursuant to § 8-37-210 ; (D) The member must forfeit all service established under chapters 34-37 of this title; and (E) The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program. (3) A forfeiture of service made pursuant to this subsection (a) shall terminate membership in the retirement system in accordance with § 8-35-104 and shall constitute a waiver of all rights in the retirement system on account of the service forfeited. (b) (1) (A) Any member who has not separated from service may elect to forfeit all service established by such member as a result of employment rendered by the member in a particular employment category provided the forfeiture is for the purpose of establishing such service in another retirement plan operated by: (i) The federal government; (ii) Another state; (iii) A political subdivision of another state; or (iv) A Tennessee county or municipality that is not a participating employer under chapters 34-37 of this title. (B) For purposes of this subsection (b), an "employment category" means employment as a general employee, state police officer, police officer, state judge, county judge, county official or attorney general as such terms are defined in § 8-34-101 . (2) To be effective, the following conditions must be met: (A) The member must not have received any retirement benefits based upon such service; (B) The service must be creditable in the other retirement program; (C) If any of the service is contributory service, the member must take a refund of the member's accumulated contributions attributable to such service pursuant to § 8-37-210 ; (D) The member must forfeit all service established by the member as a result of the member's employment in the particular employment category; and (E) The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program. (3) A forfeiture of service made pursuant to this subsection (b) shall constitute a waiver of all rights in the retirement system on account of the service forfeited. Amended by 2016 Tenn. Acts, ch. 962, s 28, eff. 4/27/2016. Acts 2000, ch. 590, § 6; 2002, ch. 863, § 6.
(a) (1) Any member who is separated from service for reasons other than retirement or death may elect to forfeit all contributory and noncontributory service established by such member under chapters 34-37 of this title for the purpose of establishing such service in another state, federal, county or municipal retirement program. (2) To be effective, the following conditions must be met: (A) The member must not have received any retirement benefits based upon such service; (B) The service must be creditable in the other retirement program; (C) If any of the service is contributory service, the member must have taken a refund of the member's accumulated contributions pursuant to § 8-37-210 ; (D) The member must forfeit all service established under chapters 34-37 of this title; and (E) The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program. (3) A forfeiture of service made pursuant to this subsection (a) shall terminate membership in the retirement system in accordance with § 8-35-104 and shall constitute a waiver of all rights in the retirement system on account of the service forfeited.
(1) Any member who is separated from service for reasons other than retirement or death may elect to forfeit all contributory and noncontributory service established by such member under chapters 34-37 of this title for the purpose of establishing such service in another state, federal, county or municipal retirement program.
(2) To be effective, the following conditions must be met: (A) The member must not have received any retirement benefits based upon such service; (B) The service must be creditable in the other retirement program; (C) If any of the service is contributory service, the member must have taken a refund of the member's accumulated contributions pursuant to § 8-37-210 ; (D) The member must forfeit all service established under chapters 34-37 of this title; and (E) The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program.
(A) The member must not have received any retirement benefits based upon such service;
(B) The service must be creditable in the other retirement program;
(C) If any of the service is contributory service, the member must have taken a refund of the member's accumulated contributions pursuant to § 8-37-210 ;
(D) The member must forfeit all service established under chapters 34-37 of this title; and
(E) The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program.
(3) A forfeiture of service made pursuant to this subsection (a) shall terminate membership in the retirement system in accordance with § 8-35-104 and shall constitute a waiver of all rights in the retirement system on account of the service forfeited.
(b) (1) (A) Any member who has not separated from service may elect to forfeit all service established by such member as a result of employment rendered by the member in a particular employment category provided the forfeiture is for the purpose of establishing such service in another retirement plan operated by: (i) The federal government; (ii) Another state; (iii) A political subdivision of another state; or (iv) A Tennessee county or municipality that is not a participating employer under chapters 34-37 of this title. (B) For purposes of this subsection (b), an "employment category" means employment as a general employee, state police officer, police officer, state judge, county judge, county official or attorney general as such terms are defined in § 8-34-101 . (2) To be effective, the following conditions must be met: (A) The member must not have received any retirement benefits based upon such service; (B) The service must be creditable in the other retirement program; (C) If any of the service is contributory service, the member must take a refund of the member's accumulated contributions attributable to such service pursuant to § 8-37-210 ; (D) The member must forfeit all service established by the member as a result of the member's employment in the particular employment category; and (E) The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program. (3) A forfeiture of service made pursuant to this subsection (b) shall constitute a waiver of all rights in the retirement system on account of the service forfeited.
(1) (A) Any member who has not separated from service may elect to forfeit all service established by such member as a result of employment rendered by the member in a particular employment category provided the forfeiture is for the purpose of establishing such service in another retirement plan operated by: (i) The federal government; (ii) Another state; (iii) A political subdivision of another state; or (iv) A Tennessee county or municipality that is not a participating employer under chapters 34-37 of this title. (B) For purposes of this subsection (b), an "employment category" means employment as a general employee, state police officer, police officer, state judge, county judge, county official or attorney general as such terms are defined in § 8-34-101 .
(A) Any member who has not separated from service may elect to forfeit all service established by such member as a result of employment rendered by the member in a particular employment category provided the forfeiture is for the purpose of establishing such service in another retirement plan operated by: (i) The federal government; (ii) Another state; (iii) A political subdivision of another state; or (iv) A Tennessee county or municipality that is not a participating employer under chapters 34-37 of this title.
(i) The federal government;
(ii) Another state;
(iii) A political subdivision of another state; or
(iv) A Tennessee county or municipality that is not a participating employer under chapters 34-37 of this title.
(B) For purposes of this subsection (b), an "employment category" means employment as a general employee, state police officer, police officer, state judge, county judge, county official or attorney general as such terms are defined in § 8-34-101 .
(2) To be effective, the following conditions must be met: (A) The member must not have received any retirement benefits based upon such service; (B) The service must be creditable in the other retirement program; (C) If any of the service is contributory service, the member must take a refund of the member's accumulated contributions attributable to such service pursuant to § 8-37-210 ; (D) The member must forfeit all service established by the member as a result of the member's employment in the particular employment category; and (E) The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program.
(A) The member must not have received any retirement benefits based upon such service;
(B) The service must be creditable in the other retirement program;
(C) If any of the service is contributory service, the member must take a refund of the member's accumulated contributions attributable to such service pursuant to § 8-37-210 ;
(D) The member must forfeit all service established by the member as a result of the member's employment in the particular employment category; and
(E) The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program.
(3) A forfeiture of service made pursuant to this subsection (b) shall constitute a waiver of all rights in the retirement system on account of the service forfeited.
Amended by 2016 Tenn. Acts, ch. 962, s 28, eff. 4/27/2016.
Acts 2000, ch. 590, § 6; 2002, ch. 863, § 6.
Tenn. Code Ann. § 8-50-935 — TN Code / Title 8 / Chapter 50 / Section 8-50-935
Non-faculty positions in education department to be covered
Status: in_force

The department of education is directed to establish for its non-faculty positions at the Tennessee School for the Blind, Tennessee School for the Deaf, Alvin C. York Institute, and West Tennessee School for the Deaf, a sick leave bank pursuant to former title 49, chapter 50, part 11 and for all its employees not otherwise included in a sick leave bank. Acts 1988, ch. 1009, § 3; 2003 , ch. 355, § 23.
The department of education is directed to establish for its non-faculty positions at the Tennessee School for the Blind, Tennessee School for the Deaf, Alvin C. York Institute, and West Tennessee School for the Deaf, a sick leave bank pursuant to former title 49, chapter 50, part 11 and for all its employees not otherwise included in a sick leave bank.
Acts 1988, ch. 1009, § 3; 2003 , ch. 355, § 23.
Tenn. Code Ann. § 8-37-114 — TN Code / Title 8 / Chapter 37 / Section 8-37-114
Authorization to contract for investment management services
Status: in_force

(a) Notwithstanding any other provision of the law to the contrary, the board of trustees is expressly authorized to contract for investment management services for the retirement system's foreign portfolios and for the retirement system's real estate portfolios. The board shall provide for the powers, duties, functions and compensation of any investment managers so engaged. Any contract for such investment management services shall be procured in the manner prescribed by the board. The board may authorize the system's investment consultant to initially evaluate and make recommendations regarding proposals submitted by investment managers. Personal services, professional services, consultant services, management of the foreign portfolios, and management of the real estate portfolios may be procured in such manner as prescribed by the board without regard to the requirements of [former] § 12-4-109 [see the Compiler's Notes], if the board determines that such services are necessary or desirable for the efficient administration of the retirement system's investment program, and provided such procurement method is approved by the council on pensions. (b) All expenses and fees incidental to such outside investment management shall be charged to and paid from the earnings of the funds. Amended by 2021 Tenn. Acts, ch. 303, s 11, eff. 7/1/2021. Acts 1995, ch. 164, § 13; 1999, ch. 79, § 12.
(a) Notwithstanding any other provision of the law to the contrary, the board of trustees is expressly authorized to contract for investment management services for the retirement system's foreign portfolios and for the retirement system's real estate portfolios. The board shall provide for the powers, duties, functions and compensation of any investment managers so engaged. Any contract for such investment management services shall be procured in the manner prescribed by the board. The board may authorize the system's investment consultant to initially evaluate and make recommendations regarding proposals submitted by investment managers. Personal services, professional services, consultant services, management of the foreign portfolios, and management of the real estate portfolios may be procured in such manner as prescribed by the board without regard to the requirements of [former] § 12-4-109 [see the Compiler's Notes], if the board determines that such services are necessary or desirable for the efficient administration of the retirement system's investment program, and provided such procurement method is approved by the council on pensions.
(b) All expenses and fees incidental to such outside investment management shall be charged to and paid from the earnings of the funds.
Amended by 2021 Tenn. Acts, ch. 303, s 11, eff. 7/1/2021.
Acts 1995, ch. 164, § 13; 1999, ch. 79, § 12.
Tenn. Code Ann. § 8-10-115 — TN Code / Title 8 / Chapter 10 / Section 8-10-115
Fine for failure to serve process
Status: in_force

Any constable to whom a precept or process is directed by a judge of the court of general sessions who refuses or neglects to serve such precept or process may be fined for every such offense on complaint of any person prosecuting, at the discretion of the court, the fine to be paid to the person complaining. Code 1858, § 391 (deriv. Acts 1741, ch. 5, § 8); Shan., § 482; Code 1932, § 729; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1015.
Any constable to whom a precept or process is directed by a judge of the court of general sessions who refuses or neglects to serve such precept or process may be fined for every such offense on complaint of any person prosecuting, at the discretion of the court, the fine to be paid to the person complaining.
Code 1858, § 391 (deriv. Acts 1741, ch. 5, § 8); Shan., § 482; Code 1932, § 729; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1015.
Tenn. Code Ann. § 8-25-301 — TN Code / Title 8 / Chapter 25 / Section 8-25-301
State plans authorized
Status: in_force

The state treasurer is directed to develop and obtain internal revenue service approval of a profit sharing or salary reduction plan for state employees as permitted by the internal revenue service. The responsibility for implementation of the plan for employees of institutions of higher education may be delegated by the state treasurer to the chancellor of the board of regents for employees of institutions thereunder and to the president of the University of Tennessee for employees of institutions thereunder. The responsibility for implementing the plan for state employees who are not paid on either the centralized state payroll system or by an institution of higher education may be delegated as determined by the state treasurer. It is the intent of the general assembly that a variety of investment options be offered to participants in the plan, which may include one (1) or more commingled funds in which assets in the custody of the state treasurer that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts, custodial accounts, retirement income accounts, governmental plans and tax-exempt trusts under the Internal Revenue Code of 1986 and Rev. Rul. 81-100, as modified by Rev. Ruls. 2004-67, 2008-40 and 2011-1 are pooled, solely for investment purposes, in a common or group trust fund. The assets so invested shall be subject to all the provisions of the group trust instruments establishing and governing such trust or trusts. Those instruments of group trusts, including any subsequent amendments, are hereby incorporated by reference and made a part of the plan. Amended by 2014 Tenn. Acts, ch. 659,s 3, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 296,s 3, eff. 4/29/2013. Amended by 2013 Tenn. Acts, ch. 259,s 3, eff. 7/1/2014. Acts 1982, ch. 680, § 1; 1983, ch. 282, § 6.
The state treasurer is directed to develop and obtain internal revenue service approval of a profit sharing or salary reduction plan for state employees as permitted by the internal revenue service. The responsibility for implementation of the plan for employees of institutions of higher education may be delegated by the state treasurer to the chancellor of the board of regents for employees of institutions thereunder and to the president of the University of Tennessee for employees of institutions thereunder. The responsibility for implementing the plan for state employees who are not paid on either the centralized state payroll system or by an institution of higher education may be delegated as determined by the state treasurer. It is the intent of the general assembly that a variety of investment options be offered to participants in the plan, which may include one (1) or more commingled funds in which assets in the custody of the state treasurer that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts, custodial accounts, retirement income accounts, governmental plans and tax-exempt trusts under the Internal Revenue Code of 1986 and Rev. Rul. 81-100, as modified by Rev. Ruls. 2004-67, 2008-40 and 2011-1 are pooled, solely for investment purposes, in a common or group trust fund. The assets so invested shall be subject to all the provisions of the group trust instruments establishing and governing such trust or trusts. Those instruments of group trusts, including any subsequent amendments, are hereby incorporated by reference and made a part of the plan.
Amended by 2014 Tenn. Acts, ch. 659,s 3, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 296,s 3, eff. 4/29/2013.
Amended by 2013 Tenn. Acts, ch. 259,s 3, eff. 7/1/2014.
Acts 1982, ch. 680, § 1; 1983, ch. 282, § 6.
Tenn. Code Ann. § 8-16-101 — TN Code / Title 8 / Chapter 16 / Section 8-16-101
Election - Residency requirement - Eligibility
Status: in_force

(a) There shall be elected by the members of the county legislative body as many notaries public as they may deem necessary. In addition to any other requirement imposed by law, a person must be a United States citizen or a legal permanent resident in order to hold the office of notary public. At the time of their election, all notaries must be residents of the county, or have their principal place of business in the county, from which they were elected. If an individual's principal place of business is in any county in the state of Tennessee, the individual is eligible for election as a notary in that county, although the individual may reside in a state other than Tennessee. (b) Nothing contained within § 5-5-102(c)(2) , or any other law, shall be construed to prohibit a member of a county legislative body from also serving as a notary public; provided, that such member complies with the requirements established within this part. (c) In addition to any other eligibility requirements, each person applying for election as a notary public shall certify under penalty of perjury that such person: (1) Has never been removed from the office of notary public for official misconduct; (2) Has never had a notarial commission revoked or suspended by this or any other state; and (3) Has never been found by a court of this state or any other state to have engaged in the unauthorized practice of law. Code 1858, § 1792 (deriv. Acts 1835-1836, ch. 11, § 1; 1851-1852, ch. 331, § 2; 1853-1854, ch. 139, § 1); Acts 1881, ch. 64, § 1; Shan., § 3194; mod. Code 1932, § 5892; Acts 1971, ch. 142, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1601; Acts 1989, ch. 334, § 1; 1993, ch. 418, § 3; 2004, ch. 854, §§ 1, 2; 2008 , ch. 834, § 1.
(a) There shall be elected by the members of the county legislative body as many notaries public as they may deem necessary. In addition to any other requirement imposed by law, a person must be a United States citizen or a legal permanent resident in order to hold the office of notary public. At the time of their election, all notaries must be residents of the county, or have their principal place of business in the county, from which they were elected. If an individual's principal place of business is in any county in the state of Tennessee, the individual is eligible for election as a notary in that county, although the individual may reside in a state other than Tennessee.
(b) Nothing contained within § 5-5-102(c)(2) , or any other law, shall be construed to prohibit a member of a county legislative body from also serving as a notary public; provided, that such member complies with the requirements established within this part.
(c) In addition to any other eligibility requirements, each person applying for election as a notary public shall certify under penalty of perjury that such person: (1) Has never been removed from the office of notary public for official misconduct; (2) Has never had a notarial commission revoked or suspended by this or any other state; and (3) Has never been found by a court of this state or any other state to have engaged in the unauthorized practice of law.
(1) Has never been removed from the office of notary public for official misconduct;
(2) Has never had a notarial commission revoked or suspended by this or any other state; and
(3) Has never been found by a court of this state or any other state to have engaged in the unauthorized practice of law.
Code 1858, § 1792 (deriv. Acts 1835-1836, ch. 11, § 1; 1851-1852, ch. 331, § 2; 1853-1854, ch. 139, § 1); Acts 1881, ch. 64, § 1; Shan., § 3194; mod. Code 1932, § 5892; Acts 1971, ch. 142, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1601; Acts 1989, ch. 334, § 1; 1993, ch. 418, § 3; 2004, ch. 854, §§ 1, 2; 2008 , ch. 834, § 1.
Tenn. Code Ann. § 8-14-303 — TN Code / Title 8 / Chapter 14 / Section 8-14-303
Office of executive director - Duties
Status: in_force

(a) The executive director of the district public defenders conference shall: (1) Work under the supervision and direction of the executive committee of the district public defenders conference; (2) Assist the district public defenders throughout the state in coordinating the efforts of such district public defenders to perform their duties. Such assistance shall include, but is not limited to: (A) Obtaining, preparing and supplementing indexes to the unreported decisions of the criminal court of appeals and the supreme court of Tennessee relating to criminal matters; (B) Preparation of a basic defenders' manual and educational materials; and (C) Preparation and distribution of uniform appropriate forms; (3) Initiate conference calls between district public defenders and coordinate efforts of district public defenders involved in defending cases and crimes crossing district lines; (4) Serve in a liaison capacity among the various branches of state government and the divisions thereof, including, but not limited to, the courts, the general assembly, the executive department and the office of attorney general and reporter; (5) Administer the accounts of the judicial branch of government which relate to the offices of the district public defenders and prepare, approve and submit budget estimates and appropriations necessary for the maintenance and operation of the offices of district public defenders and make recommendations with respect thereto; (6) Draw and approve all requisitions for the payment of public moneys appropriated for the maintenance and operation of the judicial branch of government which relate to the offices of the district public defenders, and shall audit claims and prepare vouchers for presentation to the department of finance and administration, including payroll warrants, expense warrants, and warrants covering the necessary costs of supplies, materials and other obligations by the various offices with respect to which fiscal responsibility is exercised; (7) Have authority, within budgetary limitations, to provide the district public defenders with minimum law libraries, the nature and extent of which shall be determined in every instance by the executive director on the basis of need. All books thus furnished shall remain the property of the state, and shall be returned to the custody of the executive director by each district public defender upon the retirement or expiration of the official duties of each such officer; and (8) Manage the operations and administer the accounts that relate to the appellate division. (b) All functions performed by the executive director which involve expenditures of state funds shall be subject to the same auditing procedures by the commissioner of finance and administration and the comptroller of the treasury as required in connection with the expenditure of all other state funds. Amended by 2019 Tenn. Acts, ch. 428,s 2, eff. 7/1/2019. Acts 1989, ch. 588, § 19; 1996, ch. 610, § 4.
(a) The executive director of the district public defenders conference shall: (1) Work under the supervision and direction of the executive committee of the district public defenders conference; (2) Assist the district public defenders throughout the state in coordinating the efforts of such district public defenders to perform their duties. Such assistance shall include, but is not limited to: (A) Obtaining, preparing and supplementing indexes to the unreported decisions of the criminal court of appeals and the supreme court of Tennessee relating to criminal matters; (B) Preparation of a basic defenders' manual and educational materials; and (C) Preparation and distribution of uniform appropriate forms; (3) Initiate conference calls between district public defenders and coordinate efforts of district public defenders involved in defending cases and crimes crossing district lines; (4) Serve in a liaison capacity among the various branches of state government and the divisions thereof, including, but not limited to, the courts, the general assembly, the executive department and the office of attorney general and reporter; (5) Administer the accounts of the judicial branch of government which relate to the offices of the district public defenders and prepare, approve and submit budget estimates and appropriations necessary for the maintenance and operation of the offices of district public defenders and make recommendations with respect thereto; (6) Draw and approve all requisitions for the payment of public moneys appropriated for the maintenance and operation of the judicial branch of government which relate to the offices of the district public defenders, and shall audit claims and prepare vouchers for presentation to the department of finance and administration, including payroll warrants, expense warrants, and warrants covering the necessary costs of supplies, materials and other obligations by the various offices with respect to which fiscal responsibility is exercised; (7) Have authority, within budgetary limitations, to provide the district public defenders with minimum law libraries, the nature and extent of which shall be determined in every instance by the executive director on the basis of need. All books thus furnished shall remain the property of the state, and shall be returned to the custody of the executive director by each district public defender upon the retirement or expiration of the official duties of each such officer; and (8) Manage the operations and administer the accounts that relate to the appellate division.
(1) Work under the supervision and direction of the executive committee of the district public defenders conference;
(2) Assist the district public defenders throughout the state in coordinating the efforts of such district public defenders to perform their duties. Such assistance shall include, but is not limited to: (A) Obtaining, preparing and supplementing indexes to the unreported decisions of the criminal court of appeals and the supreme court of Tennessee relating to criminal matters; (B) Preparation of a basic defenders' manual and educational materials; and (C) Preparation and distribution of uniform appropriate forms;
(A) Obtaining, preparing and supplementing indexes to the unreported decisions of the criminal court of appeals and the supreme court of Tennessee relating to criminal matters;
(B) Preparation of a basic defenders' manual and educational materials; and
(C) Preparation and distribution of uniform appropriate forms;
(3) Initiate conference calls between district public defenders and coordinate efforts of district public defenders involved in defending cases and crimes crossing district lines;
(4) Serve in a liaison capacity among the various branches of state government and the divisions thereof, including, but not limited to, the courts, the general assembly, the executive department and the office of attorney general and reporter;
(5) Administer the accounts of the judicial branch of government which relate to the offices of the district public defenders and prepare, approve and submit budget estimates and appropriations necessary for the maintenance and operation of the offices of district public defenders and make recommendations with respect thereto;
(6) Draw and approve all requisitions for the payment of public moneys appropriated for the maintenance and operation of the judicial branch of government which relate to the offices of the district public defenders, and shall audit claims and prepare vouchers for presentation to the department of finance and administration, including payroll warrants, expense warrants, and warrants covering the necessary costs of supplies, materials and other obligations by the various offices with respect to which fiscal responsibility is exercised;
(7) Have authority, within budgetary limitations, to provide the district public defenders with minimum law libraries, the nature and extent of which shall be determined in every instance by the executive director on the basis of need. All books thus furnished shall remain the property of the state, and shall be returned to the custody of the executive director by each district public defender upon the retirement or expiration of the official duties of each such officer; and
(8) Manage the operations and administer the accounts that relate to the appellate division.
(b) All functions performed by the executive director which involve expenditures of state funds shall be subject to the same auditing procedures by the commissioner of finance and administration and the comptroller of the treasury as required in connection with the expenditure of all other state funds.
Amended by 2019 Tenn. Acts, ch. 428,s 2, eff. 7/1/2019.
Acts 1989, ch. 588, § 19; 1996, ch. 610, § 4.
Tenn. Code Ann. § 8-4-403 — TN Code / Title 8 / Chapter 4 / Section 8-4-403
Toll-free telephonic and web-based hotline
Status: in_force

The office of the comptroller of the treasury shall establish, maintain, and publicize a toll-free telephonic and web-based hotline for the purpose of receiving allegations of fraud, waste, or abuse of public funds. Acts 2006, ch. 972, § 2; 2012, ch. 548, § 2.
The office of the comptroller of the treasury shall establish, maintain, and publicize a toll-free telephonic and web-based hotline for the purpose of receiving allegations of fraud, waste, or abuse of public funds.
Acts 2006, ch. 972, § 2; 2012, ch. 548, § 2.
Tenn. Code Ann. § 8-36-206 — TN Code / Title 8 / Chapter 36 / Section 8-36-206
Formula for computing allowances
Status: in_force

Except as provided in § 8-36-209 , the service retirement allowance of a member other than a prior class member shall consist of: (1) A member annuity which shall be the actuarial equivalent of the member's accumulated contributions at retirement, plus a state annuity which, when added to the member annuity, shall be equal to: (A) In the case of a member in Group 1, one and one-half percent (1.5%) of the member's average final compensation, multiplied by the number of years of creditable service, plus one-fourth of one percent (0.25%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of the member's creditable service; (B) In the case of a member in Group 2, one and three-fourths percent (1.75%) of the member's average final compensation, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the average final compensation not in excess of the social security integration level, multiplied by four-tenths of one percent (0.4%) for each month which the member's age is less than sixty-five (65) years of age, multiplied by years of service; (C) In the case of a member in Group 3, two percent (2%) of the member's average final compensation, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of creditable service, plus one-half of one percent (0.5%) of the average final compensation not in excess of the social security integration level, multiplied by four-tenths of one percent (0.4%) for each month which the member's age is less than sixty-five (65) years of age, multiplied by years of service; (D) In the case of a member in Group 4, two and one-half percent (2.5%) of the member's average final compensation, multiplied by the number of years of creditable service; (2) However, in the case of a member who at the time of retirement has not accumulated sufficient quarters of coverage under the Social Security Act ( 42 U.S.C. § 301 et seq.), to qualify for social security benefits at sixty-five (65) years of age, the member's annuity plus the state annuity shall equal: (A) In the case of a member in Group 1, one and three-fourths percent (1.75%) of the member's average final compensation, multiplied by the number of years of creditable service; (B) In the case of a member in Group 2, two and one-fourth percent (2.25%) of the member's average final compensation, multiplied by the number of years of creditable service; or (C) In the case of a member in Group 3, two and one-half percent (2.5%) of the member's average final compensation, multiplied by the number of years of creditable service. Acts 1972, ch. 814, § 5; T.C.A., § 8-3906(1); Acts 1980, ch. 654, § 3; 1986, ch. 554, § 14.
Except as provided in § 8-36-209 , the service retirement allowance of a member other than a prior class member shall consist of:
(1) A member annuity which shall be the actuarial equivalent of the member's accumulated contributions at retirement, plus a state annuity which, when added to the member annuity, shall be equal to: (A) In the case of a member in Group 1, one and one-half percent (1.5%) of the member's average final compensation, multiplied by the number of years of creditable service, plus one-fourth of one percent (0.25%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of the member's creditable service; (B) In the case of a member in Group 2, one and three-fourths percent (1.75%) of the member's average final compensation, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the average final compensation not in excess of the social security integration level, multiplied by four-tenths of one percent (0.4%) for each month which the member's age is less than sixty-five (65) years of age, multiplied by years of service; (C) In the case of a member in Group 3, two percent (2%) of the member's average final compensation, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of creditable service, plus one-half of one percent (0.5%) of the average final compensation not in excess of the social security integration level, multiplied by four-tenths of one percent (0.4%) for each month which the member's age is less than sixty-five (65) years of age, multiplied by years of service; (D) In the case of a member in Group 4, two and one-half percent (2.5%) of the member's average final compensation, multiplied by the number of years of creditable service;
(A) In the case of a member in Group 1, one and one-half percent (1.5%) of the member's average final compensation, multiplied by the number of years of creditable service, plus one-fourth of one percent (0.25%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of the member's creditable service;
(B) In the case of a member in Group 2, one and three-fourths percent (1.75%) of the member's average final compensation, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the average final compensation not in excess of the social security integration level, multiplied by four-tenths of one percent (0.4%) for each month which the member's age is less than sixty-five (65) years of age, multiplied by years of service;
(C) In the case of a member in Group 3, two percent (2%) of the member's average final compensation, multiplied by the number of years of creditable service plus one-half of one percent (0.5%) of the member's average final compensation in excess of the social security integration level applicable at the time of retirement, multiplied by the number of years of creditable service, plus one-half of one percent (0.5%) of the average final compensation not in excess of the social security integration level, multiplied by four-tenths of one percent (0.4%) for each month which the member's age is less than sixty-five (65) years of age, multiplied by years of service;
(D) In the case of a member in Group 4, two and one-half percent (2.5%) of the member's average final compensation, multiplied by the number of years of creditable service;
(2) However, in the case of a member who at the time of retirement has not accumulated sufficient quarters of coverage under the Social Security Act ( 42 U.S.C. § 301 et seq.), to qualify for social security benefits at sixty-five (65) years of age, the member's annuity plus the state annuity shall equal: (A) In the case of a member in Group 1, one and three-fourths percent (1.75%) of the member's average final compensation, multiplied by the number of years of creditable service; (B) In the case of a member in Group 2, two and one-fourth percent (2.25%) of the member's average final compensation, multiplied by the number of years of creditable service; or (C) In the case of a member in Group 3, two and one-half percent (2.5%) of the member's average final compensation, multiplied by the number of years of creditable service.
(A) In the case of a member in Group 1, one and three-fourths percent (1.75%) of the member's average final compensation, multiplied by the number of years of creditable service;
(B) In the case of a member in Group 2, two and one-fourth percent (2.25%) of the member's average final compensation, multiplied by the number of years of creditable service; or
(C) In the case of a member in Group 3, two and one-half percent (2.5%) of the member's average final compensation, multiplied by the number of years of creditable service.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3906(1); Acts 1980, ch. 654, § 3; 1986, ch. 554, § 14.
Tenn. Code Ann. § 8-8-413 — TN Code / Title 8 / Chapter 8 / Section 8-8-413
Leaves of absence
Status: in_force

(a) The board shall formulate reasonable rules governing the granting of leaves of absence to members of the classified service in good standing. The board shall seek the advice of the sheriff upon any request for leave of absence before acting thereon and shall be guided by the requirements of adequate law enforcement and the operational efficiency of the office of sheriff when considering any such request for a leave. (b) Any persons coming under the classified service who shall hereafter be inducted into the armed forces of the United States, or who shall hereafter enter the service voluntarily in a time of war or other national emergency, shall, upon application of the sheriff, receive a military leave of absence for the duration of the period of service required. The employee shall retain all rights or seniority and shall be entitled to re-employment in the same capacity and position held at the time of entering military service; however, an application for reinstatement in such position must be made by or on behalf of such employee within three (3) months after termination of active service in the armed forces. Acts 1974, ch. 751, § 13; T.C.A., § 8-852.
(a) The board shall formulate reasonable rules governing the granting of leaves of absence to members of the classified service in good standing. The board shall seek the advice of the sheriff upon any request for leave of absence before acting thereon and shall be guided by the requirements of adequate law enforcement and the operational efficiency of the office of sheriff when considering any such request for a leave.
(b) Any persons coming under the classified service who shall hereafter be inducted into the armed forces of the United States, or who shall hereafter enter the service voluntarily in a time of war or other national emergency, shall, upon application of the sheriff, receive a military leave of absence for the duration of the period of service required. The employee shall retain all rights or seniority and shall be entitled to re-employment in the same capacity and position held at the time of entering military service; however, an application for reinstatement in such position must be made by or on behalf of such employee within three (3) months after termination of active service in the armed forces.
Acts 1974, ch. 751, § 13; T.C.A., § 8-852.
Tenn. Code Ann. § 8-4-702 — TN Code / Title 8 / Chapter 4 / Section 8-4-702
Advocate within the office of the comptroller of the treasury - Authority - Choice of advocate
Status: in_force

(a) There shall be a small business advocate within the office of the comptroller of the treasury to answer questions and provide information to residents of this state who are starting a small business or who already own a small business. (b) The small business advocate is authorized to informally mediate and assist with the resolution of issues concerning small business owners and state departments and agencies. (c) The small business advocate shall be chosen by the comptroller of the treasury from existing personnel within the comptroller's office and the comptroller shall implement this part without using additional resources. Acts 2010, ch. 1129, § 3.
(a) There shall be a small business advocate within the office of the comptroller of the treasury to answer questions and provide information to residents of this state who are starting a small business or who already own a small business.
(b) The small business advocate is authorized to informally mediate and assist with the resolution of issues concerning small business owners and state departments and agencies.
(c) The small business advocate shall be chosen by the comptroller of the treasury from existing personnel within the comptroller's office and the comptroller shall implement this part without using additional resources.
Acts 2010, ch. 1129, § 3.
Tenn. Code Ann. § 8-7-606 — TN Code / Title 8 / Chapter 7 / Section 8-7-606
Records - Audit
Status: in_force

The office of executive director of the district attorneys general conference shall maintain records of all receipts, disbursements, requests for disbursements and the purpose of same, and the records shall be subject to an annual audit by the office of comptroller of the treasury. Acts 1986, ch. 766, § 6; 1996, ch. 996, § 2.
The office of executive director of the district attorneys general conference shall maintain records of all receipts, disbursements, requests for disbursements and the purpose of same, and the records shall be subject to an annual audit by the office of comptroller of the treasury.
Acts 1986, ch. 766, § 6; 1996, ch. 996, § 2.
Tenn. Code Ann. § 8-35-111 — TN Code / Title 8 / Chapter 35 / Section 8-35-111
Multiple membership in public retirement systems
Status: in_force

(a) The general assembly finds and declares that the public policy of this state is that no public official or employee shall have multiple memberships in any retirement program or programs financed from public funds, whereby such official or employee obtains or accrues pensions or retirement benefits based upon the same period of service to the state, or any branch, department, agency or institution thereof, or to any of its political subdivisions. This section shall be construed to implement this policy. (b) "Public employee retirement system," as used in this section, includes any political subdivision retirement system, but does not include the following: (1) The Social Security Act ( 42 U.S.C. §§ 301 - 1397f ) or any other federal retirement program; (2) A local retirement system as provided for in part 3 of this chapter; (3) (A) Any tax deferred retirement plan wherein total combined employer contributions to such plans, other than those made pursuant to a salary reduction agreement, do not exceed three percent (3%) of the employee's salary. Notwithstanding any other law to the contrary, an employer maintaining a tax deferred retirement plan shall not permit contributions to that plan which would exceed the limitations of the Internal Revenue Code (26 U.S.C.); (B) All tax deferred retirement plans established by public employers participating in the state retirement system, wherein employer contributions are made, must be approved by the director of the state retirement system; (4) A defined benefit pension plan established and maintained by a local government employer that is supplemental to the employer's participation in the Tennessee consolidated retirement system, and was established prior to May 17, 2023, where the total combined employer and employee contributions do not exceed seven percent (7%) of the employee's salary, and the supplemental benefits are subject to the limitations set forth in § 8-36-102 . At the request of the Tennessee consolidated retirement system, the local government shall conduct a periodic audit using an auditing or accounting firm to demonstrate compliance with the limitations set forth in § 8-36-102 and any applicable limitation pursuant to federal law, regulation, or ruling, with the cost of the audit to be paid by the local government; or (5) A tax deferred retirement plan under § 457(f) of the Internal Revenue Code ( 26 U.S.C. § 457(f) ). (c) Except as provided in part 3 of this chapter, no person shall be eligible for membership in the consolidated retirement system if such person holds membership in any other public employee retirement system into which such person is making a contribution or accumulating creditable service based upon the same service that would entitle such person to membership in the consolidated retirement system; provided, that if such person receives compensation from two (2) or more governmental entities because of the statutory provisions of such person's office, such person is eligible for membership in this system, with benefits based upon the proportion of such person's compensation upon which contributions are not made to the other retirement system. (d) If any person is eligible for membership in more than one (1) state, county or municipal retirement program for the same service, such person shall, within sixty (60) days from June 30, 1975, select the retirement program in which the person will participate or be excluded from the state retirement system. When such person has made contributions into an additional retirement system from which the person elects to withdraw the person's membership under this section, such person may, upon request, be reimbursed any contributions made by such person into the additional system, plus interest compounded annually in an amount to be determined by the board of trustees; provided, that if such person has received benefit payments in excess of such contributions, no reimbursement shall be made. (e) (1) Any member of more than one (1) superseded system shall be eligible for benefits in each such system, so long as such member's benefits in each system are based upon the proportionate part of such member's compensation received from the sources which qualified such member for such membership because of the statutory provisions of such member's office, even though the services may have been simultaneous. (2) Such person shall be entitled to any unimpaired vested rights and benefits existing under such other system, but no period of time of such vested rights under another public employee retirement system shall be considered creditable service in the consolidated retirement system or any superseded system, except as provided in this section. (f) The total retirement allowances received by any person from multiple public employee retirement systems shall not exceed one hundred percent (100%) of the person's average final compensation. This section shall not be construed to prevent any increase in such retirement allowance when such increase is in accordance with § 8-36-701 . (g) The total retirement allowances of any teacher under part 3 of this chapter received from the local teachers' retirement system and the state annuity received from the Tennessee consolidated retirement system shall not exceed one hundred percent (100%) of the teacher's final average compensation. This section shall not be construed to prevent any increase in such retirement allowance when such increase is in accordance with § 8-36-701 . Amended by 2024 Tenn. Acts, ch. 605,s 9, eff. 3/27/2024. Amended by 2023 Tenn. Acts, ch. 476, s 1, eff. 5/17/2023. Acts 1975, ch. 315, § 1; T.C.A., § 8-3903(8); Acts 1981, ch. 508, § 15; 1990, ch. 939, § 1; 1992, ch. 843, §§ 8, 9; 1999, ch. 301, §§ 1, 2; 2000, ch. 590, §§ 2 - 5; 2002, ch. 863, §§ 4, 5; 2006, ch. 870, § 12.
(a) The general assembly finds and declares that the public policy of this state is that no public official or employee shall have multiple memberships in any retirement program or programs financed from public funds, whereby such official or employee obtains or accrues pensions or retirement benefits based upon the same period of service to the state, or any branch, department, agency or institution thereof, or to any of its political subdivisions. This section shall be construed to implement this policy.
(b) "Public employee retirement system," as used in this section, includes any political subdivision retirement system, but does not include the following: (1) The Social Security Act ( 42 U.S.C. §§ 301 - 1397f ) or any other federal retirement program; (2) A local retirement system as provided for in part 3 of this chapter; (3) (A) Any tax deferred retirement plan wherein total combined employer contributions to such plans, other than those made pursuant to a salary reduction agreement, do not exceed three percent (3%) of the employee's salary. Notwithstanding any other law to the contrary, an employer maintaining a tax deferred retirement plan shall not permit contributions to that plan which would exceed the limitations of the Internal Revenue Code (26 U.S.C.); (B) All tax deferred retirement plans established by public employers participating in the state retirement system, wherein employer contributions are made, must be approved by the director of the state retirement system; (4) A defined benefit pension plan established and maintained by a local government employer that is supplemental to the employer's participation in the Tennessee consolidated retirement system, and was established prior to May 17, 2023, where the total combined employer and employee contributions do not exceed seven percent (7%) of the employee's salary, and the supplemental benefits are subject to the limitations set forth in § 8-36-102 . At the request of the Tennessee consolidated retirement system, the local government shall conduct a periodic audit using an auditing or accounting firm to demonstrate compliance with the limitations set forth in § 8-36-102 and any applicable limitation pursuant to federal law, regulation, or ruling, with the cost of the audit to be paid by the local government; or (5) A tax deferred retirement plan under § 457(f) of the Internal Revenue Code ( 26 U.S.C. § 457(f) ).
(1) The Social Security Act ( 42 U.S.C. §§ 301 - 1397f ) or any other federal retirement program;
(2) A local retirement system as provided for in part 3 of this chapter;
(3) (A) Any tax deferred retirement plan wherein total combined employer contributions to such plans, other than those made pursuant to a salary reduction agreement, do not exceed three percent (3%) of the employee's salary. Notwithstanding any other law to the contrary, an employer maintaining a tax deferred retirement plan shall not permit contributions to that plan which would exceed the limitations of the Internal Revenue Code (26 U.S.C.); (B) All tax deferred retirement plans established by public employers participating in the state retirement system, wherein employer contributions are made, must be approved by the director of the state retirement system;
(A) Any tax deferred retirement plan wherein total combined employer contributions to such plans, other than those made pursuant to a salary reduction agreement, do not exceed three percent (3%) of the employee's salary. Notwithstanding any other law to the contrary, an employer maintaining a tax deferred retirement plan shall not permit contributions to that plan which would exceed the limitations of the Internal Revenue Code (26 U.S.C.);
(B) All tax deferred retirement plans established by public employers participating in the state retirement system, wherein employer contributions are made, must be approved by the director of the state retirement system;
(4) A defined benefit pension plan established and maintained by a local government employer that is supplemental to the employer's participation in the Tennessee consolidated retirement system, and was established prior to May 17, 2023, where the total combined employer and employee contributions do not exceed seven percent (7%) of the employee's salary, and the supplemental benefits are subject to the limitations set forth in § 8-36-102 . At the request of the Tennessee consolidated retirement system, the local government shall conduct a periodic audit using an auditing or accounting firm to demonstrate compliance with the limitations set forth in § 8-36-102 and any applicable limitation pursuant to federal law, regulation, or ruling, with the cost of the audit to be paid by the local government; or
(5) A tax deferred retirement plan under § 457(f) of the Internal Revenue Code ( 26 U.S.C. § 457(f) ).
(c) Except as provided in part 3 of this chapter, no person shall be eligible for membership in the consolidated retirement system if such person holds membership in any other public employee retirement system into which such person is making a contribution or accumulating creditable service based upon the same service that would entitle such person to membership in the consolidated retirement system; provided, that if such person receives compensation from two (2) or more governmental entities because of the statutory provisions of such person's office, such person is eligible for membership in this system, with benefits based upon the proportion of such person's compensation upon which contributions are not made to the other retirement system.
(d) If any person is eligible for membership in more than one (1) state, county or municipal retirement program for the same service, such person shall, within sixty (60) days from June 30, 1975, select the retirement program in which the person will participate or be excluded from the state retirement system. When such person has made contributions into an additional retirement system from which the person elects to withdraw the person's membership under this section, such person may, upon request, be reimbursed any contributions made by such person into the additional system, plus interest compounded annually in an amount to be determined by the board of trustees; provided, that if such person has received benefit payments in excess of such contributions, no reimbursement shall be made.
(e) (1) Any member of more than one (1) superseded system shall be eligible for benefits in each such system, so long as such member's benefits in each system are based upon the proportionate part of such member's compensation received from the sources which qualified such member for such membership because of the statutory provisions of such member's office, even though the services may have been simultaneous. (2) Such person shall be entitled to any unimpaired vested rights and benefits existing under such other system, but no period of time of such vested rights under another public employee retirement system shall be considered creditable service in the consolidated retirement system or any superseded system, except as provided in this section.
(1) Any member of more than one (1) superseded system shall be eligible for benefits in each such system, so long as such member's benefits in each system are based upon the proportionate part of such member's compensation received from the sources which qualified such member for such membership because of the statutory provisions of such member's office, even though the services may have been simultaneous.
(2) Such person shall be entitled to any unimpaired vested rights and benefits existing under such other system, but no period of time of such vested rights under another public employee retirement system shall be considered creditable service in the consolidated retirement system or any superseded system, except as provided in this section.
(f) The total retirement allowances received by any person from multiple public employee retirement systems shall not exceed one hundred percent (100%) of the person's average final compensation. This section shall not be construed to prevent any increase in such retirement allowance when such increase is in accordance with § 8-36-701 .
(g) The total retirement allowances of any teacher under part 3 of this chapter received from the local teachers' retirement system and the state annuity received from the Tennessee consolidated retirement system shall not exceed one hundred percent (100%) of the teacher's final average compensation. This section shall not be construed to prevent any increase in such retirement allowance when such increase is in accordance with § 8-36-701 .
Amended by 2024 Tenn. Acts, ch. 605,s 9, eff. 3/27/2024.
Amended by 2023 Tenn. Acts, ch. 476, s 1, eff. 5/17/2023.
Acts 1975, ch. 315, § 1; T.C.A., § 8-3903(8); Acts 1981, ch. 508, § 15; 1990, ch. 939, § 1; 1992, ch. 843, §§ 8, 9; 1999, ch. 301, §§ 1, 2; 2000, ch. 590, §§ 2 - 5; 2002, ch. 863, §§ 4, 5; 2006, ch. 870, § 12.
Tenn. Code Ann. § 8-50-701 — TN Code / Title 8 / Chapter 50 / Section 8-50-701
State employees
Status: in_force

(a) Any state employee may authorize deductions for contributions to the volunteer public education trust fund, established by § 49-3-403 , to be made from the employee's compensation. These deductions shall be in addition to those permitted by other sections of this title. (b) To authorize deductions for contributions to the education trust fund, the state employee shall complete an authorization form which shall contain the employee's signature and the following information: (1) Employee's name; (2) Employee's social security number; (3) State agency of employment; (4) Facility or location of employment; (5) The amount to be deducted each month for contribution to the education trust fund; and (6) The following statement: "I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke, alter, or amend this authorization by written notification at any time." (c) The deductions for contributions to the education trust fund authorized pursuant to this section shall be made from the compensation of an employee on the first payday of each month. (d) Any employee who authorizes deductions for contributions to the education trust fund as provided in this section may, at any time, revoke, alter or amend the authorization for payroll deduction. (e) The state treasurer, in conjunction with the commissioner of finance and administration, shall promulgate rules and regulations governing the procedures for the deductions of contributions to the education trust fund and the acceptance of the contributions by the education trust fund. Acts 1986, ch. 526, § 1.
(a) Any state employee may authorize deductions for contributions to the volunteer public education trust fund, established by § 49-3-403 , to be made from the employee's compensation. These deductions shall be in addition to those permitted by other sections of this title.
(b) To authorize deductions for contributions to the education trust fund, the state employee shall complete an authorization form which shall contain the employee's signature and the following information: (1) Employee's name; (2) Employee's social security number; (3) State agency of employment; (4) Facility or location of employment; (5) The amount to be deducted each month for contribution to the education trust fund; and (6) The following statement: "I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke, alter, or amend this authorization by written notification at any time."
(1) Employee's name;
(2) Employee's social security number;
(3) State agency of employment;
(4) Facility or location of employment;
(5) The amount to be deducted each month for contribution to the education trust fund; and
(6) The following statement: "I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke, alter, or amend this authorization by written notification at any time."
(c) The deductions for contributions to the education trust fund authorized pursuant to this section shall be made from the compensation of an employee on the first payday of each month.
(d) Any employee who authorizes deductions for contributions to the education trust fund as provided in this section may, at any time, revoke, alter or amend the authorization for payroll deduction.
(e) The state treasurer, in conjunction with the commissioner of finance and administration, shall promulgate rules and regulations governing the procedures for the deductions of contributions to the education trust fund and the acceptance of the contributions by the education trust fund.
Acts 1986, ch. 526, § 1.
Tenn. Code Ann. § 8-34-702 — TN Code / Title 8 / Chapter 34 / Section 8-34-702
Rights, benefits and privileges of members and beneficiaries of superseded systems
Status: in_force

Each and all of the sections and chapters repealed by § 8-34-701 will remain in full effect for the purpose of defining rights, benefits and privileges preserved under § 8-34-703 . Acts 1972, ch. 814, § 18; T.C.A., § 8-3949; modified.
Each and all of the sections and chapters repealed by § 8-34-701 will remain in full effect for the purpose of defining rights, benefits and privileges preserved under § 8-34-703 .
Acts 1972, ch. 814, § 18; T.C.A., § 8-3949; modified.
Tenn. Code Ann. § 8-16-203 — TN Code / Title 8 / Chapter 16 / Section 8-16-203
Compliance
Status: in_force

Any failure to comply with the foregoing provisions constitutes an unfair or deceptive act as provided for in § 47-18-104 . Acts 2002, ch. 665, § 1.
Any failure to comply with the foregoing provisions constitutes an unfair or deceptive act as provided for in § 47-18-104 .
Acts 2002, ch. 665, § 1.
Tenn. Code Ann. § 8-8-407 — TN Code / Title 8 / Chapter 8 / Section 8-8-407
Compensation of board
Status: in_force

The members of the board shall receive such salary, if any, as determined by the county legislative body in its sound discretion. Acts 1974, ch. 751, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-846.
The members of the board shall receive such salary, if any, as determined by the county legislative body in its sound discretion.
Acts 1974, ch. 751, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-846.
Tenn. Code Ann. § 8-36-714 — TN Code / Title 8 / Chapter 36 / Section 8-36-714
Requirements to be compensated as president emeritus - Continued eligibility requirements - Filing of agreement
Status: in_force

(a) The board of trustees of the University of Tennessee may grant to any former president of the University of Tennessee the title "president emeritus." A state university board or the board of regents may grant to any former president of any college or university it governs a similar "emeritus" title. No former president shall receive any compensation or remuneration for holding the emeritus title, unless the following conditions are met: (1) The remuneration is for time actually spent by the former president in performing services for the respective governing board; (2) An agreement is executed between the respective governing board and the former president which sets forth the duties to be performed by the former president; (3) The agreement cannot exceed a term of one (1) year. The respective governing board may enter into additional one-year agreements with the former president. No renewal agreement shall be entered into until the governing board reviews and is satisfied with the emeritus work performed by the former president. Any such renewal must be approved by an affirmative vote of a majority of the respective governing board; (4) The former president must reside in the state of Tennessee at the time of the initial appointment and at the time of any subsequent appointment; and (5) The former president shall not accrue any additional retirement credit as a result of such appointment. (b) Notwithstanding any other law to the contrary, any former president receiving compensation or remuneration for holding the emeritus title pursuant to this section shall be eligible to continue drawing such person's retirement allowance; provided, that the former president does not work and is not compensated for more than one hundred twenty (120) days or the equivalent of one hundred twenty (120) days during the one-year appointment, or, if working as a teacher, for more than twenty-four (24) quarter credit hours or eighteen (18) semester credit hours during the one-year appointment. If the period exceeds that specified in this subsection (b), the former president's monthly retirement allowance shall be reduced in direct proportion thereto. The retirement system is authorized to obtain reimbursement for any retirement benefits overpaid as a result of any compensation being paid to a former president in excess of that permitted by this section. Such reimbursement may be made by deductions from the former president's monthly benefit. (c) For each emeritus appointment for which compensation or remuneration will be paid, the respective governing board shall be responsible for filing with the retirement division the agreement, which sets forth the name of the person holding the title, and the beginning and ending date of the appointment. The agreement shall be accompanied with documentation showing the amount of compensation to be paid to the person and the number of hours to be worked. The agreement and documentation shall be filed annually, if applicable, and signed by the former president acknowledging the conditions of the appointment. The governing board shall send written notice to the speaker of the senate, the speaker of the house of representatives, the chairs of the senate standing committees on education and on finance, ways and means, the chairs of the standing committees on education administration and finance, ways and means of the house of representatives, and the office of legislative budget analysis of each emeritus appointment for which compensation or remuneration will be paid. Amended by 2021 Tenn. Acts, ch. 64, s 9, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 16, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 602, Secs.s 2, s 3 eff. 3/23/2018. Amended by 2015 Tenn. Acts, ch. 182, s 5, eff. 4/17/2015. Acts 2000, ch. 840, § 1; 2005, ch. 203, § 5; 2010 , ch. 1030, § 9.
(a) The board of trustees of the University of Tennessee may grant to any former president of the University of Tennessee the title "president emeritus." A state university board or the board of regents may grant to any former president of any college or university it governs a similar "emeritus" title. No former president shall receive any compensation or remuneration for holding the emeritus title, unless the following conditions are met: (1) The remuneration is for time actually spent by the former president in performing services for the respective governing board; (2) An agreement is executed between the respective governing board and the former president which sets forth the duties to be performed by the former president; (3) The agreement cannot exceed a term of one (1) year. The respective governing board may enter into additional one-year agreements with the former president. No renewal agreement shall be entered into until the governing board reviews and is satisfied with the emeritus work performed by the former president. Any such renewal must be approved by an affirmative vote of a majority of the respective governing board; (4) The former president must reside in the state of Tennessee at the time of the initial appointment and at the time of any subsequent appointment; and (5) The former president shall not accrue any additional retirement credit as a result of such appointment.
(1) The remuneration is for time actually spent by the former president in performing services for the respective governing board;
(2) An agreement is executed between the respective governing board and the former president which sets forth the duties to be performed by the former president;
(3) The agreement cannot exceed a term of one (1) year. The respective governing board may enter into additional one-year agreements with the former president. No renewal agreement shall be entered into until the governing board reviews and is satisfied with the emeritus work performed by the former president. Any such renewal must be approved by an affirmative vote of a majority of the respective governing board;
(4) The former president must reside in the state of Tennessee at the time of the initial appointment and at the time of any subsequent appointment; and
(5) The former president shall not accrue any additional retirement credit as a result of such appointment.
(b) Notwithstanding any other law to the contrary, any former president receiving compensation or remuneration for holding the emeritus title pursuant to this section shall be eligible to continue drawing such person's retirement allowance; provided, that the former president does not work and is not compensated for more than one hundred twenty (120) days or the equivalent of one hundred twenty (120) days during the one-year appointment, or, if working as a teacher, for more than twenty-four (24) quarter credit hours or eighteen (18) semester credit hours during the one-year appointment. If the period exceeds that specified in this subsection (b), the former president's monthly retirement allowance shall be reduced in direct proportion thereto. The retirement system is authorized to obtain reimbursement for any retirement benefits overpaid as a result of any compensation being paid to a former president in excess of that permitted by this section. Such reimbursement may be made by deductions from the former president's monthly benefit.
(c) For each emeritus appointment for which compensation or remuneration will be paid, the respective governing board shall be responsible for filing with the retirement division the agreement, which sets forth the name of the person holding the title, and the beginning and ending date of the appointment. The agreement shall be accompanied with documentation showing the amount of compensation to be paid to the person and the number of hours to be worked. The agreement and documentation shall be filed annually, if applicable, and signed by the former president acknowledging the conditions of the appointment. The governing board shall send written notice to the speaker of the senate, the speaker of the house of representatives, the chairs of the senate standing committees on education and on finance, ways and means, the chairs of the standing committees on education administration and finance, ways and means of the house of representatives, and the office of legislative budget analysis of each emeritus appointment for which compensation or remuneration will be paid.
Amended by 2021 Tenn. Acts, ch. 64, s 9, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 16, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 602, Secs.s 2, s 3 eff. 3/23/2018.
Amended by 2015 Tenn. Acts, ch. 182, s 5, eff. 4/17/2015.
Acts 2000, ch. 840, § 1; 2005, ch. 203, § 5; 2010 , ch. 1030, § 9.
Tenn. Code Ann. § 8-33-107 — TN Code / Title 8 / Chapter 33 / Section 8-33-107
Enforcement in chancery
Status: in_force

The chancery courts for the various counties in the state of Tennessee are hereby authorized, and express jurisdiction is hereby conferred upon the chancery courts, to enforce §§ 8-33-101 - 8-33-108 in any case where a political subdivision of the state of Tennessee, county or municipality within the local jurisdiction of the chancery court has failed or refuses to comply with those sections, and to issue an order specifically requiring such political subdivision, county or municipality, to comply with those sections and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amount received through other employment, unemployment compensation or readjustment allowances; provided, that any such compensation ordered to be paid by the chancery court shall be in addition to and shall not be deemed to diminish any of the benefits of such provisions and shall be paid from currently available funds of such political subdivision, county or municipality. Acts 1951, ch. 112, § 6 (Williams, § 1034.78); T.C.A. (orig. ed.), § 8-3307.
The chancery courts for the various counties in the state of Tennessee are hereby authorized, and express jurisdiction is hereby conferred upon the chancery courts, to enforce §§ 8-33-101 - 8-33-108 in any case where a political subdivision of the state of Tennessee, county or municipality within the local jurisdiction of the chancery court has failed or refuses to comply with those sections, and to issue an order specifically requiring such political subdivision, county or municipality, to comply with those sections and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amount received through other employment, unemployment compensation or readjustment allowances; provided, that any such compensation ordered to be paid by the chancery court shall be in addition to and shall not be deemed to diminish any of the benefits of such provisions and shall be paid from currently available funds of such political subdivision, county or municipality.
Acts 1951, ch. 112, § 6 (Williams, § 1034.78); T.C.A. (orig. ed.), § 8-3307.
Tenn. Code Ann. § 8-7-311 — TN Code / Title 8 / Chapter 7 / Section 8-7-311
Appointment of budget officer, director and clerical personnel - Compensation - Practice of law prohibited - Employment of attorney
Status: in_force

(a) The executive director of the district attorneys general conference shall, subject to the approval of the duly elected officers of the district attorneys general conference, appoint a budget officer and a director and such other assistants and clerical personnel as are necessary to enable the executive director to perform the duties of the executive director's office. (b) Compensation for other assistants and clerical personnel shall be fixed by the executive director with the approval of the executive committee of the district attorneys general conference. (c) (1) During their terms of office or employment, neither the executive director nor any full-time assistant or employee shall directly or indirectly engage in the practice of law in any of the courts in this state. (2) If the executive director employs an attorney as a part-time employee, such employee shall not engage in the defense of criminal cases if such employee's duties will, at the time of employment, involve or in the future may involve: (A) Substantial interaction with district attorneys general, their assistants, or other employees of the executive director; or (B) The prosecution of criminal cases either as a part-time assistant district attorney general or a district attorney general pro tempore. Acts 1972, ch. 551, § 5; 1976, ch. 621, § 3; T.C.A., § 8-723; Acts 1992, ch. 858, §§ 1, 2; 1996, ch. 996, § 2.
(a) The executive director of the district attorneys general conference shall, subject to the approval of the duly elected officers of the district attorneys general conference, appoint a budget officer and a director and such other assistants and clerical personnel as are necessary to enable the executive director to perform the duties of the executive director's office.
(b) Compensation for other assistants and clerical personnel shall be fixed by the executive director with the approval of the executive committee of the district attorneys general conference.
(c) (1) During their terms of office or employment, neither the executive director nor any full-time assistant or employee shall directly or indirectly engage in the practice of law in any of the courts in this state. (2) If the executive director employs an attorney as a part-time employee, such employee shall not engage in the defense of criminal cases if such employee's duties will, at the time of employment, involve or in the future may involve: (A) Substantial interaction with district attorneys general, their assistants, or other employees of the executive director; or (B) The prosecution of criminal cases either as a part-time assistant district attorney general or a district attorney general pro tempore.
(1) During their terms of office or employment, neither the executive director nor any full-time assistant or employee shall directly or indirectly engage in the practice of law in any of the courts in this state.
(2) If the executive director employs an attorney as a part-time employee, such employee shall not engage in the defense of criminal cases if such employee's duties will, at the time of employment, involve or in the future may involve: (A) Substantial interaction with district attorneys general, their assistants, or other employees of the executive director; or (B) The prosecution of criminal cases either as a part-time assistant district attorney general or a district attorney general pro tempore.
(A) Substantial interaction with district attorneys general, their assistants, or other employees of the executive director; or
(B) The prosecution of criminal cases either as a part-time assistant district attorney general or a district attorney general pro tempore.
Acts 1972, ch. 551, § 5; 1976, ch. 621, § 3; T.C.A., § 8-723; Acts 1992, ch. 858, §§ 1, 2; 1996, ch. 996, § 2.
Tenn. Code Ann. § 8-37-310 — TN Code / Title 8 / Chapter 37 / Section 8-37-310
Adoption of funding policy with respect to obligations of the Tennessee consolidated retirement system
Status: in_force

(a) The state treasurer shall develop and recommend to the board of trustees a funding policy with respect to the obligations of the Tennessee consolidated retirement system. The board of trustees shall adopt a funding policy which complies with this section. Such adopted funding policy shall be in effect until amended. (b) For the purposes of this section, "actuarially determined contribution (ADC)", formerly known as the actuarially required contribution means the actuarially determined annual required contribution that incorporates both the normal cost of benefits and the amortization of the pension plan's unfunded accrued liability. (c) The funding policy established by the board of trustees shall include, but not be limited to the following: (1) The ADC for the retirement system shall include the normal costs and the amortization of the unfunded accrued liability, to the extent that the retirement system has any unfunded accrued liability for a particular fiscal year; (2) The maximum amortization period for which any unfunded accrued liabilities will be paid; and (3) A statement that the retirement system's budget shall include funding of at least one hundred percent (100%) of the ADC. (d) The actuarial methodology is expected to provide that projected revenues (employer contributions, employee contributions, and investment earnings), and current assets will finance all of the projected benefits (death, disability, and retirement) provided by the retirement system. In the event the retirement system has an unfunded accrued liability, then the level dollar amortization method shall be utilized for financing the unfunded accrued liability. (e) The ADC calculated by the retirement system's actuary shall be calculated utilizing the following methodology, and in accordance with the Actuarial Standards of Practice established by the Actuarial Standards Board: (1) Actuarial cost method allocating normal costs over a period beginning no earlier than the date of employment which should not exceed the last assumed retirement age. This method is designed to fully fund the long-term costs of promised benefits, consistent with the objective of keeping contributions relatively stable and equitably allocating the costs over the employees' period of active service. Entry age normal cost method shall be used to achieve this purpose; (2) Actuarial value of assets calculated using a maximum ten (10) year asset smoothing period. Any smoothing period greater than five (5) years will have a maximum twenty percent (20%) market corridor. For the purposes of this subsection (e), the term "market corridor" means a range beyond which deviations are not smoothed; (3) Level dollar amortization method of unfunded accrued liabilities; (4) Mortality assumptions, which should consider the effect of expected mortality improvements, and shall be used no later than 2024; (5) Investment earnings assumption based on the rate adopted by the board of trustees; and (6) A closed amortization period not to exceed thirty (30) years for all unfunded accrued liabilities. (f) In the event that an entity participating in the retirement system is funded below sixty percent (60%), such entity shall not establish benefit enhancements. Added by 2014 Tenn. Acts, ch. 990,s 1, eff. 5/22/2014.
(a) The state treasurer shall develop and recommend to the board of trustees a funding policy with respect to the obligations of the Tennessee consolidated retirement system. The board of trustees shall adopt a funding policy which complies with this section. Such adopted funding policy shall be in effect until amended.
(b) For the purposes of this section, "actuarially determined contribution (ADC)", formerly known as the actuarially required contribution means the actuarially determined annual required contribution that incorporates both the normal cost of benefits and the amortization of the pension plan's unfunded accrued liability.
(c) The funding policy established by the board of trustees shall include, but not be limited to the following: (1) The ADC for the retirement system shall include the normal costs and the amortization of the unfunded accrued liability, to the extent that the retirement system has any unfunded accrued liability for a particular fiscal year; (2) The maximum amortization period for which any unfunded accrued liabilities will be paid; and (3) A statement that the retirement system's budget shall include funding of at least one hundred percent (100%) of the ADC.
(1) The ADC for the retirement system shall include the normal costs and the amortization of the unfunded accrued liability, to the extent that the retirement system has any unfunded accrued liability for a particular fiscal year;
(2) The maximum amortization period for which any unfunded accrued liabilities will be paid; and
(3) A statement that the retirement system's budget shall include funding of at least one hundred percent (100%) of the ADC.
(d) The actuarial methodology is expected to provide that projected revenues (employer contributions, employee contributions, and investment earnings), and current assets will finance all of the projected benefits (death, disability, and retirement) provided by the retirement system. In the event the retirement system has an unfunded accrued liability, then the level dollar amortization method shall be utilized for financing the unfunded accrued liability.
(e) The ADC calculated by the retirement system's actuary shall be calculated utilizing the following methodology, and in accordance with the Actuarial Standards of Practice established by the Actuarial Standards Board: (1) Actuarial cost method allocating normal costs over a period beginning no earlier than the date of employment which should not exceed the last assumed retirement age. This method is designed to fully fund the long-term costs of promised benefits, consistent with the objective of keeping contributions relatively stable and equitably allocating the costs over the employees' period of active service. Entry age normal cost method shall be used to achieve this purpose; (2) Actuarial value of assets calculated using a maximum ten (10) year asset smoothing period. Any smoothing period greater than five (5) years will have a maximum twenty percent (20%) market corridor. For the purposes of this subsection (e), the term "market corridor" means a range beyond which deviations are not smoothed; (3) Level dollar amortization method of unfunded accrued liabilities; (4) Mortality assumptions, which should consider the effect of expected mortality improvements, and shall be used no later than 2024; (5) Investment earnings assumption based on the rate adopted by the board of trustees; and (6) A closed amortization period not to exceed thirty (30) years for all unfunded accrued liabilities.
(1) Actuarial cost method allocating normal costs over a period beginning no earlier than the date of employment which should not exceed the last assumed retirement age. This method is designed to fully fund the long-term costs of promised benefits, consistent with the objective of keeping contributions relatively stable and equitably allocating the costs over the employees' period of active service. Entry age normal cost method shall be used to achieve this purpose;
(2) Actuarial value of assets calculated using a maximum ten (10) year asset smoothing period. Any smoothing period greater than five (5) years will have a maximum twenty percent (20%) market corridor. For the purposes of this subsection (e), the term "market corridor" means a range beyond which deviations are not smoothed;
(3) Level dollar amortization method of unfunded accrued liabilities;
(4) Mortality assumptions, which should consider the effect of expected mortality improvements, and shall be used no later than 2024;
(5) Investment earnings assumption based on the rate adopted by the board of trustees; and
(6) A closed amortization period not to exceed thirty (30) years for all unfunded accrued liabilities.
(f) In the event that an entity participating in the retirement system is funded below sixty percent (60%), such entity shall not establish benefit enhancements.
Added by 2014 Tenn. Acts, ch. 990,s 1, eff. 5/22/2014.
Tenn. Code Ann. § 8-37-501 — TN Code / Title 8 / Chapter 37 / Section 8-37-501
All contributions are due and payable first of each month
Status: in_force

The contributions deducted from the compensation of the members and contributions of the employer shall be due and payable monthly on the first day of each month. Acts 1978, ch. 788, § 10; T.C.A., § 8-3930(3).
The contributions deducted from the compensation of the members and contributions of the employer shall be due and payable monthly on the first day of each month.
Acts 1978, ch. 788, § 10; T.C.A., § 8-3930(3).
Tenn. Code Ann. § 8-16-114 — TN Code / Title 8 / Chapter 16 / Section 8-16-114
Seal of notary public for the state of Tennessee - Imprinting of seal - Electronic image - Fee
Status: in_force

(a) The secretary of state shall prescribe and design an official seal to be used by a Tennessee notary public. The seal of office may be imprinted by a rubber or other type of stamp. Such stamp shall imprint the seal of office in any color other than black or yellow, provided the color used to imprint the seal shall be clearly legible and appear as black when photocopied on a non-color copier. Nothing in this subsection (a) shall be construed to require a notary public to procure such a rubber or other stamp or to use a particular color of ink with the stamp prior to the expiration of the notary's term of office, and all impression notary seals shall be valid for use until the end of the notary's term of office. Notwithstanding any other law or this subsection (a) to the contrary, the use of an embossed notary seal after May 12, 2003, shall not render such an acknowledgement defective. No person shall incur any civil or criminal liability for failure to imprint the seal of office in a color required by this subsection (a) nor shall any document or title imprinted with a seal of the wrong color be invalid because of such failure. (b) The requirement in subsection (a) of an official seal of office or stamp imprinted in color ink is satisfied by an electronically transmitted document, if the document legibly reproduces the required elements of the seal. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. (c) Every notary public shall, at such notary's own expense, procure a seal of office, which the notary shall surrender to the county legislative body when the notary resigns, or at the expiration of such notary public's term of office, and which such notary's representatives, in case of such notary's death, shall likewise surrender, to be cancelled. (d) At the notary public's request, the county clerk may obtain an official seal or any part thereof for the notary public. Any county clerk providing this service may charge a fee not to exceed twenty percent (20%) of the cost of the seal or part obtained for the notary public. Amended by 2018 Tenn. Acts, ch. 931,s 4, eff. 7/1/2019. Acts 1953, ch. 220, § 1 (Williams, § 5914.6); T.C.A. (orig. ed.), § 8-1617; Acts 1986, ch. 814, § 1; 1991, ch. 303, § 1; 1993, ch. 418, § 4; T.C.A. § 8-16-206 ; Acts 2004, ch. 854, §§ 10, 18.
(a) The secretary of state shall prescribe and design an official seal to be used by a Tennessee notary public. The seal of office may be imprinted by a rubber or other type of stamp. Such stamp shall imprint the seal of office in any color other than black or yellow, provided the color used to imprint the seal shall be clearly legible and appear as black when photocopied on a non-color copier. Nothing in this subsection (a) shall be construed to require a notary public to procure such a rubber or other stamp or to use a particular color of ink with the stamp prior to the expiration of the notary's term of office, and all impression notary seals shall be valid for use until the end of the notary's term of office. Notwithstanding any other law or this subsection (a) to the contrary, the use of an embossed notary seal after May 12, 2003, shall not render such an acknowledgement defective. No person shall incur any civil or criminal liability for failure to imprint the seal of office in a color required by this subsection (a) nor shall any document or title imprinted with a seal of the wrong color be invalid because of such failure.
(b) The requirement in subsection (a) of an official seal of office or stamp imprinted in color ink is satisfied by an electronically transmitted document, if the document legibly reproduces the required elements of the seal. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
(c) Every notary public shall, at such notary's own expense, procure a seal of office, which the notary shall surrender to the county legislative body when the notary resigns, or at the expiration of such notary public's term of office, and which such notary's representatives, in case of such notary's death, shall likewise surrender, to be cancelled.
(d) At the notary public's request, the county clerk may obtain an official seal or any part thereof for the notary public. Any county clerk providing this service may charge a fee not to exceed twenty percent (20%) of the cost of the seal or part obtained for the notary public.
Amended by 2018 Tenn. Acts, ch. 931,s 4, eff. 7/1/2019.
Acts 1953, ch. 220, § 1 (Williams, § 5914.6); T.C.A. (orig. ed.), § 8-1617; Acts 1986, ch. 814, § 1; 1991, ch. 303, § 1; 1993, ch. 418, § 4; T.C.A. § 8-16-206 ; Acts 2004, ch. 854, §§ 10, 18.
Tenn. Code Ann. § 8-35-102 — TN Code / Title 8 / Chapter 35 / Section 8-35-102
Informing new employees of duties and obligations as a condition of employment
Status: in_force

Each employee, upon employment, shall be informed by the appointing authority of such employee's duties and obligations in connection with the retirement system as a condition of employment. Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
Each employee, upon employment, shall be informed by the appointing authority of such employee's duties and obligations in connection with the retirement system as a condition of employment.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
Tenn. Code Ann. § 8-22-103 — TN Code / Title 8 / Chapter 22 / Section 8-22-103
Excess fees are property of county
Status: in_force

All the excess fees, commissions, emoluments and perquisites, no matter whether such sums arise from fees, commissions, emoluments or perquisites by order or by direction of court, that are or may be directly or indirectly collected by virtue of their offices by the clerks of the circuit, criminal and special courts, and by the clerks and masters of the chancery courts, county clerks and clerks of the probate courts, county trustees, registers of deeds, clerks of the general sessions courts, juvenile court clerks, and sheriffs, except compensation for special services as trustee or receiver, and except, also, payment for special services as special commissioner, shall be paid to the county trustee as a part of the county revenue, and the same when accrued are declared to be the property of the respective counties wherein the same are collectible, except as herein provided. Acts 1921, ch. 101, § 6; Shan. Supp., § 6428a43; Code 1932, § 10730; Acts 1955, ch. 116, § 2; 1969, ch. 332, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2203; Acts 1990, ch. 1035, § 15.
All the excess fees, commissions, emoluments and perquisites, no matter whether such sums arise from fees, commissions, emoluments or perquisites by order or by direction of court, that are or may be directly or indirectly collected by virtue of their offices by the clerks of the circuit, criminal and special courts, and by the clerks and masters of the chancery courts, county clerks and clerks of the probate courts, county trustees, registers of deeds, clerks of the general sessions courts, juvenile court clerks, and sheriffs, except compensation for special services as trustee or receiver, and except, also, payment for special services as special commissioner, shall be paid to the county trustee as a part of the county revenue, and the same when accrued are declared to be the property of the respective counties wherein the same are collectible, except as herein provided.
Acts 1921, ch. 101, § 6; Shan. Supp., § 6428a43; Code 1932, § 10730; Acts 1955, ch. 116, § 2; 1969, ch. 332, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2203; Acts 1990, ch. 1035, § 15.