Tenn. Code Ann. § 8-7-202 — TN Code / Title 8 / Chapter 7 / Section 8-7-202
Traveling expenses of assistant district attorneys general and criminal investigators
Status: in_force

(a) The several assistant district attorneys general and/or criminal investigators in all districts shall be reimbursed from funds appropriated to the office of the district attorney general in the district in which they are employed for the necessary traveling expenses incurred while upon official business as prescribed under the comprehensive travel regulations for employees of the state; provided, that reimbursement to such officials for necessary traveling expenses incurred while on official business within the county of their residence shall be limited to reimbursement of mileage expense; and provided further, that any subsequent changes in the amounts or types of reimbursable expenses as prescribed under the comprehensive travel regulations then shall apply automatically, and without further action, to the several assistant district attorneys general and/or criminal investigators at such times as changes become effective as to employees of the state. (b) All expense accounts submitted by any assistant district attorney general or criminal investigator shall be submitted upon forms provided and prescribed by the judicial cost accountant. In addition thereto, such expense accounts shall be submitted during the month following the month in which the expense was incurred, and all such expense accounts must be verified by such assistant or criminal investigator and the same shall likewise be first approved by the district attorney general of the judicial district. If any person fails to comply with this section, this expense account shall be disallowed and the same shall not be paid. Acts 1957, ch. 184, § 2; 1959, ch. 98, § 2; 1961, ch. 121, § 1; 1965, ch. 235, § 1; 1970, ch. 346, § 1; 1978, ch. 879, § 1; T.C.A., § 8-709; Acts 2012, ch. 611, § 1.
(a) The several assistant district attorneys general and/or criminal investigators in all districts shall be reimbursed from funds appropriated to the office of the district attorney general in the district in which they are employed for the necessary traveling expenses incurred while upon official business as prescribed under the comprehensive travel regulations for employees of the state; provided, that reimbursement to such officials for necessary traveling expenses incurred while on official business within the county of their residence shall be limited to reimbursement of mileage expense; and provided further, that any subsequent changes in the amounts or types of reimbursable expenses as prescribed under the comprehensive travel regulations then shall apply automatically, and without further action, to the several assistant district attorneys general and/or criminal investigators at such times as changes become effective as to employees of the state.
(b) All expense accounts submitted by any assistant district attorney general or criminal investigator shall be submitted upon forms provided and prescribed by the judicial cost accountant. In addition thereto, such expense accounts shall be submitted during the month following the month in which the expense was incurred, and all such expense accounts must be verified by such assistant or criminal investigator and the same shall likewise be first approved by the district attorney general of the judicial district. If any person fails to comply with this section, this expense account shall be disallowed and the same shall not be paid.
Acts 1957, ch. 184, § 2; 1959, ch. 98, § 2; 1961, ch. 121, § 1; 1965, ch. 235, § 1; 1970, ch. 346, § 1; 1978, ch. 879, § 1; T.C.A., § 8-709; Acts 2012, ch. 611, § 1.
Tenn. Code Ann. § 8-13-118 — TN Code / Title 8 / Chapter 13 / Section 8-13-118
Recording of military discharge documents in the office of county register
Status: in_force

(a) (1) If a veteran of the United States armed forces, or any other person, personally appears and presents to the county register a military discharge for recording, before accepting the document for recording, the county register shall give to the person a written notice substantially as follows: NOTICE A MILITARY DISCHARGE RECORDED IN THE OFFICE OF THE COUNTY REGISTER IS NOT A CONFIDENTIAL RECORD. IT IS A PUBLIC RECORD AND THE INFORMATION CONTAINED ON THE DISCHARGE CAN BE EXAMINED BY ANYONE. (2) A military discharge may be recorded with all or a portion of the veteran's social security identification number redacted, but this is not required for recording. However, if the discharge is altered, the United States government may not accept it as a valid document for purposes of approving military benefits to the veteran or the veteran's family. A county register will not cause a military discharge record recorded in the office of the county register to be viewed over the internet, except through a subscription service approved by the county register. (3) If, after giving the person offering the document the opportunity to read the notice described in subdivision (a)(1), the person still desires to have the military discharge recorded, the county register may record it. The register may record a military discharge received by mail without giving the notice described in subdivision (a)(1). (b) A county register may record a military discharge of a veteran of the United States armed forces that is received with or without the redaction of all or a portion of the veteran's social security identification number. For a military discharge to be eligible for recording, the document must be an original or a copy authenticated as a true copy by the appropriate armed service of the United States or the United States department of defense or agency thereof. Additionally, the county register may make a copy of a military discharge eligible for recording, allow the person tendering the military discharge to make redactions on the copy made by the county register, and record the copy with the redactions. Acts 2006, ch. 643, § 1.
(a) (1) If a veteran of the United States armed forces, or any other person, personally appears and presents to the county register a military discharge for recording, before accepting the document for recording, the county register shall give to the person a written notice substantially as follows: NOTICE A MILITARY DISCHARGE RECORDED IN THE OFFICE OF THE COUNTY REGISTER IS NOT A CONFIDENTIAL RECORD. IT IS A PUBLIC RECORD AND THE INFORMATION CONTAINED ON THE DISCHARGE CAN BE EXAMINED BY ANYONE. (2) A military discharge may be recorded with all or a portion of the veteran's social security identification number redacted, but this is not required for recording. However, if the discharge is altered, the United States government may not accept it as a valid document for purposes of approving military benefits to the veteran or the veteran's family. A county register will not cause a military discharge record recorded in the office of the county register to be viewed over the internet, except through a subscription service approved by the county register. (3) If, after giving the person offering the document the opportunity to read the notice described in subdivision (a)(1), the person still desires to have the military discharge recorded, the county register may record it. The register may record a military discharge received by mail without giving the notice described in subdivision (a)(1).
(1) If a veteran of the United States armed forces, or any other person, personally appears and presents to the county register a military discharge for recording, before accepting the document for recording, the county register shall give to the person a written notice substantially as follows: NOTICE A MILITARY DISCHARGE RECORDED IN THE OFFICE OF THE COUNTY REGISTER IS NOT A CONFIDENTIAL RECORD. IT IS A PUBLIC RECORD AND THE INFORMATION CONTAINED ON THE DISCHARGE CAN BE EXAMINED BY ANYONE.
NOTICE
A MILITARY DISCHARGE RECORDED IN THE OFFICE OF THE COUNTY REGISTER IS NOT A CONFIDENTIAL RECORD. IT IS A PUBLIC RECORD AND THE INFORMATION CONTAINED ON THE DISCHARGE CAN BE EXAMINED BY ANYONE.
(2) A military discharge may be recorded with all or a portion of the veteran's social security identification number redacted, but this is not required for recording. However, if the discharge is altered, the United States government may not accept it as a valid document for purposes of approving military benefits to the veteran or the veteran's family. A county register will not cause a military discharge record recorded in the office of the county register to be viewed over the internet, except through a subscription service approved by the county register.
(3) If, after giving the person offering the document the opportunity to read the notice described in subdivision (a)(1), the person still desires to have the military discharge recorded, the county register may record it. The register may record a military discharge received by mail without giving the notice described in subdivision (a)(1).
(b) A county register may record a military discharge of a veteran of the United States armed forces that is received with or without the redaction of all or a portion of the veteran's social security identification number. For a military discharge to be eligible for recording, the document must be an original or a copy authenticated as a true copy by the appropriate armed service of the United States or the United States department of defense or agency thereof. Additionally, the county register may make a copy of a military discharge eligible for recording, allow the person tendering the military discharge to make redactions on the copy made by the county register, and record the copy with the redactions.
Acts 2006, ch. 643, § 1.
Tenn. Code Ann. § 8-18-106 — TN Code / Title 8 / Chapter 18 / Section 8-18-106
Officers commissioned
Status: in_force

The following officers are commissioned, namely: senators and representatives in congress, judges of the several courts, the district attorney general of each district, judges of courts of general sessions and notaries public, and the executive officers of the state, except the governor. Code 1858, §§ 751, 1793; impl. am. Acts 1870, ch. 24, § 7; Shan., § 1072; Code 1932, § 1815; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1606.
The following officers are commissioned, namely: senators and representatives in congress, judges of the several courts, the district attorney general of each district, judges of courts of general sessions and notaries public, and the executive officers of the state, except the governor.
Code 1858, §§ 751, 1793; impl. am. Acts 1870, ch. 24, § 7; Shan., § 1072; Code 1932, § 1815; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1606.
Tenn. Code Ann. § 8-21-204 — TN Code / Title 8 / Chapter 21 / Section 8-21-204
Commissions of judicial, constitutional, and unpaid officers
Status: in_force

There shall be no fees for commissions of judges or chancellors, nor for the commissions, certificates of election, or appointment of any other constitutional officer, nor for the commissions or certificates of appointment of any officer who shall serve without compensation. Acts 1899, ch. 2, § 3; Shan., § 6268a1; Code 1932, § 10675; T.C.A. (orig. ed.), § 8-2109.
There shall be no fees for commissions of judges or chancellors, nor for the commissions, certificates of election, or appointment of any other constitutional officer, nor for the commissions or certificates of appointment of any officer who shall serve without compensation.
Acts 1899, ch. 2, § 3; Shan., § 6268a1; Code 1932, § 10675; T.C.A. (orig. ed.), § 8-2109.
Tenn. Code Ann. § 8-4-404 — TN Code / Title 8 / Chapter 4 / Section 8-4-404
Display of sign concerning toll-free hotline
Status: in_force

(a) Throughout the period in which a state agency or community grant agency receives public funds, the entity shall display in a prominent place, a sign at least eleven inches (11") in height and seventeen inches (17") in width stating: NOTICE: THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY DIRECTOR OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL, IMPROPER, OR WASTEFUL, PLEASE CALL THE STATE COMPTROLLER'S TOLL-FREE HOTLINE: 1-800-232-5454 (b) No state agency or community grant agency shall edit the written text of such notice. Acts 1985, ch. 186, § 2; T.C.A. § 8-4-402 ; Acts 2006, ch. 972, § 2; 2010 , ch. 784, § 2.
(a) Throughout the period in which a state agency or community grant agency receives public funds, the entity shall display in a prominent place, a sign at least eleven inches (11") in height and seventeen inches (17") in width stating: NOTICE: THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY DIRECTOR OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL, IMPROPER, OR WASTEFUL, PLEASE CALL THE STATE COMPTROLLER'S TOLL-FREE HOTLINE: 1-800-232-5454
NOTICE:
THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY DIRECTOR OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL, IMPROPER, OR WASTEFUL, PLEASE CALL THE STATE COMPTROLLER'S TOLL-FREE HOTLINE:
1-800-232-5454
(b) No state agency or community grant agency shall edit the written text of such notice.
Acts 1985, ch. 186, § 2; T.C.A. § 8-4-402 ; Acts 2006, ch. 972, § 2; 2010 , ch. 784, § 2.
Tenn. Code Ann. § 8-26-101 — TN Code / Title 8 / Chapter 26 / Section 8-26-101
Expenses of judicial officers
Status: in_force

The officials and employees named hereby below shall be reimbursed out of the state treasury for the expenses enumerated and to the extent set forth below: (1) (A) The justices of the supreme court, judges of the intermediate appellate courts, criminal court judges, circuit court judges and chancellors shall be reimbursed for their necessary office rent, office supply and equipment expenses, and travel expenses pursuant to policies and guidelines promulgated by the supreme court; (B) From the appropriation made in the appropriations act for the operation of such courts, the justices, judges, and chancellors shall be reimbursed for necessary travel expenses incurred by them during their absence from the counties of their residence on official business; provided, however, that such travel expenses shall be limited to board and lodging and mileage or conveyance expense each way necessary to travel on official business. Any justice, judge, or chancellor seeking reimbursement for official expense under this section shall file with the director of the administrative office of the courts, or other official upon whom this duty may be lodged by law, a statement of such amounts necessarily expended in the discharge of such official duties, and upon receipt of this verified statement, a warrant for reimbursement for such expenses shall be issued. (2) (A) The state is hereby authorized to provide office equipment and supplies to district attorneys general, such equipment to be furnished on the basis of need. All such office equipment shall remain the property of the state and shall be returned to the custody of the executive director of the district attorneys general conference by each district attorney general upon the expiration of the district attorney general's official duties. The purchases made under this section shall be in conformity with rules and regulations to be prescribed by the executive director, the comptroller of the treasury, and the commissioner of finance and administration; (B) District attorneys general are authorized the necessary expenses in the preparation and prosecution of cases in the name of the state. All expenditures of this section shall be made in accordance with such rules and regulations formulated by the executive director; (C) Each district attorney general shall prepare an annual budget request, relating to items authorized in subdivisions (2)(A) and (2)(B), to be submitted to the executive director of the district attorneys general conference. The executive director shall review all requests and formulate a budget for all district attorneys general which the executive director shall submit to the commissioner of finance and administration for review and approval; (D) No approval for any expenditure of state funds authorized in the above subdivisions shall be given in excess of the amount appropriated for such purposes by the general assembly; (E) The several district attorneys general in all districts containing more than one (1) county shall be reimbursed for the necessary traveling expenses incurred while upon official business, outside the county of their residence, as prescribed under the comprehensive travel regulations for employees of the state. Any subsequent changes in the amounts or types of reimbursable expenses as prescribed under the comprehensive travel regulations then shall apply automatically, and without further action, to the several district attorneys general at such times as changes become effective as to employees of the state; (F) All expense accounts submitted by any district attorney general shall be submitted upon forms provided and prescribed by the judicial cost accountant. In addition thereto, such expense accounts shall be submitted during the month following the month in which the expense was incurred, and all such expense accounts must be verified by such district attorney general. If any person fails to comply with this section, the expense account shall be disallowed and the same shall not be paid; (G) Secretarial help is hereby authorized for district attorneys general. Such secretarial help is to be furnished on the basis of need and is subject to the approval of the executive director, the comptroller of the treasury and the commissioner of finance and administration; (H) (i) The executive director, in conjunction with the commissioner of human resources, shall determine the salary scales to be applied to secretaries to district attorneys general. Those persons employed under this section shall be paid monthly from state funds; (ii) Such salary scales may be applied to the secretarial and clerical positions heretofore created by law, notwithstanding the fixing of salaries for such positions by prior legislative enactment. This subdivision (2)(H) shall not in any way affect salaries or compensation paid by any county in the state to secretarial or clerical employees of any district attorney general, nor shall it affect any public or private act creating or establishing such secretarial or clerical positions, except as provided by this subdivision (2)(H); (I) Upon the determination by a district attorney general that secretarial help is needed in order for the district attorney general to maintain the district attorney general's office effectively, the district attorney general shall submit a request for secretarial help to the executive director; (J) The executive director, upon receipt of the request for secretarial help, shall review the same and in accordance with subdivisions (2)(G) and (H) shall determine the extent of help needed and fix the salary therefor; (K) The executive director may prescribe such rules and regulations as in the executive director's judgment are necessary to best administer subdivisions (2)(G)-(J); (3) Traveling expenses under this section shall be as established for employees of the state, with the amount of reimbursement allowed for each mile necessarily traveled on official business being such established amount for state employees. Amended by 2013 Tenn. Acts, ch. 454, s 22, eff. 5/16/2013. Acts 1945, ch. 170, § 1; C. Supp. 1950, § 10748.2; Acts 1953, ch. 265, §1; 1955, ch. 257, § 1; 1955, ch. 271, § 1; 1959, ch. 291, §1; 1961, ch. 121, § 3; 1965, ch. 168, § 1; 1967, ch. 213, § 1; impl. am. Acts 1967, ch. 226, § 5; Acts 1969, ch. 168, § 1; impl. am. Acts 1972, ch. 551, § 8; Acts 1975, ch. 332, §§1, 2; 1978, ch. 672, §§ 1, 2; T.C.A. (orig. ed.), §8-2502; Acts 1980, ch. 474, § 1; 1993, ch. 66, § 5; 1993, ch. 196, §1; 1996, ch. 996, §2; 2007 , ch. 60; 2012 , ch. 611, § 2.
The officials and employees named hereby below shall be reimbursed out of the state treasury for the expenses enumerated and to the extent set forth below:
(1) (A) The justices of the supreme court, judges of the intermediate appellate courts, criminal court judges, circuit court judges and chancellors shall be reimbursed for their necessary office rent, office supply and equipment expenses, and travel expenses pursuant to policies and guidelines promulgated by the supreme court; (B) From the appropriation made in the appropriations act for the operation of such courts, the justices, judges, and chancellors shall be reimbursed for necessary travel expenses incurred by them during their absence from the counties of their residence on official business; provided, however, that such travel expenses shall be limited to board and lodging and mileage or conveyance expense each way necessary to travel on official business. Any justice, judge, or chancellor seeking reimbursement for official expense under this section shall file with the director of the administrative office of the courts, or other official upon whom this duty may be lodged by law, a statement of such amounts necessarily expended in the discharge of such official duties, and upon receipt of this verified statement, a warrant for reimbursement for such expenses shall be issued.
(A) The justices of the supreme court, judges of the intermediate appellate courts, criminal court judges, circuit court judges and chancellors shall be reimbursed for their necessary office rent, office supply and equipment expenses, and travel expenses pursuant to policies and guidelines promulgated by the supreme court;
(B) From the appropriation made in the appropriations act for the operation of such courts, the justices, judges, and chancellors shall be reimbursed for necessary travel expenses incurred by them during their absence from the counties of their residence on official business; provided, however, that such travel expenses shall be limited to board and lodging and mileage or conveyance expense each way necessary to travel on official business. Any justice, judge, or chancellor seeking reimbursement for official expense under this section shall file with the director of the administrative office of the courts, or other official upon whom this duty may be lodged by law, a statement of such amounts necessarily expended in the discharge of such official duties, and upon receipt of this verified statement, a warrant for reimbursement for such expenses shall be issued.
(2) (A) The state is hereby authorized to provide office equipment and supplies to district attorneys general, such equipment to be furnished on the basis of need. All such office equipment shall remain the property of the state and shall be returned to the custody of the executive director of the district attorneys general conference by each district attorney general upon the expiration of the district attorney general's official duties. The purchases made under this section shall be in conformity with rules and regulations to be prescribed by the executive director, the comptroller of the treasury, and the commissioner of finance and administration; (B) District attorneys general are authorized the necessary expenses in the preparation and prosecution of cases in the name of the state. All expenditures of this section shall be made in accordance with such rules and regulations formulated by the executive director; (C) Each district attorney general shall prepare an annual budget request, relating to items authorized in subdivisions (2)(A) and (2)(B), to be submitted to the executive director of the district attorneys general conference. The executive director shall review all requests and formulate a budget for all district attorneys general which the executive director shall submit to the commissioner of finance and administration for review and approval; (D) No approval for any expenditure of state funds authorized in the above subdivisions shall be given in excess of the amount appropriated for such purposes by the general assembly; (E) The several district attorneys general in all districts containing more than one (1) county shall be reimbursed for the necessary traveling expenses incurred while upon official business, outside the county of their residence, as prescribed under the comprehensive travel regulations for employees of the state. Any subsequent changes in the amounts or types of reimbursable expenses as prescribed under the comprehensive travel regulations then shall apply automatically, and without further action, to the several district attorneys general at such times as changes become effective as to employees of the state; (F) All expense accounts submitted by any district attorney general shall be submitted upon forms provided and prescribed by the judicial cost accountant. In addition thereto, such expense accounts shall be submitted during the month following the month in which the expense was incurred, and all such expense accounts must be verified by such district attorney general. If any person fails to comply with this section, the expense account shall be disallowed and the same shall not be paid; (G) Secretarial help is hereby authorized for district attorneys general. Such secretarial help is to be furnished on the basis of need and is subject to the approval of the executive director, the comptroller of the treasury and the commissioner of finance and administration; (H) (i) The executive director, in conjunction with the commissioner of human resources, shall determine the salary scales to be applied to secretaries to district attorneys general. Those persons employed under this section shall be paid monthly from state funds; (ii) Such salary scales may be applied to the secretarial and clerical positions heretofore created by law, notwithstanding the fixing of salaries for such positions by prior legislative enactment. This subdivision (2)(H) shall not in any way affect salaries or compensation paid by any county in the state to secretarial or clerical employees of any district attorney general, nor shall it affect any public or private act creating or establishing such secretarial or clerical positions, except as provided by this subdivision (2)(H); (I) Upon the determination by a district attorney general that secretarial help is needed in order for the district attorney general to maintain the district attorney general's office effectively, the district attorney general shall submit a request for secretarial help to the executive director; (J) The executive director, upon receipt of the request for secretarial help, shall review the same and in accordance with subdivisions (2)(G) and (H) shall determine the extent of help needed and fix the salary therefor; (K) The executive director may prescribe such rules and regulations as in the executive director's judgment are necessary to best administer subdivisions (2)(G)-(J);
(A) The state is hereby authorized to provide office equipment and supplies to district attorneys general, such equipment to be furnished on the basis of need. All such office equipment shall remain the property of the state and shall be returned to the custody of the executive director of the district attorneys general conference by each district attorney general upon the expiration of the district attorney general's official duties. The purchases made under this section shall be in conformity with rules and regulations to be prescribed by the executive director, the comptroller of the treasury, and the commissioner of finance and administration;
(B) District attorneys general are authorized the necessary expenses in the preparation and prosecution of cases in the name of the state. All expenditures of this section shall be made in accordance with such rules and regulations formulated by the executive director;
(C) Each district attorney general shall prepare an annual budget request, relating to items authorized in subdivisions (2)(A) and (2)(B), to be submitted to the executive director of the district attorneys general conference. The executive director shall review all requests and formulate a budget for all district attorneys general which the executive director shall submit to the commissioner of finance and administration for review and approval;
(D) No approval for any expenditure of state funds authorized in the above subdivisions shall be given in excess of the amount appropriated for such purposes by the general assembly;
(E) The several district attorneys general in all districts containing more than one (1) county shall be reimbursed for the necessary traveling expenses incurred while upon official business, outside the county of their residence, as prescribed under the comprehensive travel regulations for employees of the state. Any subsequent changes in the amounts or types of reimbursable expenses as prescribed under the comprehensive travel regulations then shall apply automatically, and without further action, to the several district attorneys general at such times as changes become effective as to employees of the state;
(F) All expense accounts submitted by any district attorney general shall be submitted upon forms provided and prescribed by the judicial cost accountant. In addition thereto, such expense accounts shall be submitted during the month following the month in which the expense was incurred, and all such expense accounts must be verified by such district attorney general. If any person fails to comply with this section, the expense account shall be disallowed and the same shall not be paid;
(G) Secretarial help is hereby authorized for district attorneys general. Such secretarial help is to be furnished on the basis of need and is subject to the approval of the executive director, the comptroller of the treasury and the commissioner of finance and administration;
(H) (i) The executive director, in conjunction with the commissioner of human resources, shall determine the salary scales to be applied to secretaries to district attorneys general. Those persons employed under this section shall be paid monthly from state funds; (ii) Such salary scales may be applied to the secretarial and clerical positions heretofore created by law, notwithstanding the fixing of salaries for such positions by prior legislative enactment. This subdivision (2)(H) shall not in any way affect salaries or compensation paid by any county in the state to secretarial or clerical employees of any district attorney general, nor shall it affect any public or private act creating or establishing such secretarial or clerical positions, except as provided by this subdivision (2)(H);
(i) The executive director, in conjunction with the commissioner of human resources, shall determine the salary scales to be applied to secretaries to district attorneys general. Those persons employed under this section shall be paid monthly from state funds;
(ii) Such salary scales may be applied to the secretarial and clerical positions heretofore created by law, notwithstanding the fixing of salaries for such positions by prior legislative enactment. This subdivision (2)(H) shall not in any way affect salaries or compensation paid by any county in the state to secretarial or clerical employees of any district attorney general, nor shall it affect any public or private act creating or establishing such secretarial or clerical positions, except as provided by this subdivision (2)(H);
(I) Upon the determination by a district attorney general that secretarial help is needed in order for the district attorney general to maintain the district attorney general's office effectively, the district attorney general shall submit a request for secretarial help to the executive director;
(J) The executive director, upon receipt of the request for secretarial help, shall review the same and in accordance with subdivisions (2)(G) and (H) shall determine the extent of help needed and fix the salary therefor;
(K) The executive director may prescribe such rules and regulations as in the executive director's judgment are necessary to best administer subdivisions (2)(G)-(J);
(3) Traveling expenses under this section shall be as established for employees of the state, with the amount of reimbursement allowed for each mile necessarily traveled on official business being such established amount for state employees.
Amended by 2013 Tenn. Acts, ch. 454, s 22, eff. 5/16/2013.
Acts 1945, ch. 170, § 1; C. Supp. 1950, § 10748.2; Acts 1953, ch. 265, §1; 1955, ch. 257, § 1; 1955, ch. 271, § 1; 1959, ch. 291, §1; 1961, ch. 121, § 3; 1965, ch. 168, § 1; 1967, ch. 213, § 1; impl. am. Acts 1967, ch. 226, § 5; Acts 1969, ch. 168, § 1; impl. am. Acts 1972, ch. 551, § 8; Acts 1975, ch. 332, §§1, 2; 1978, ch. 672, §§ 1, 2; T.C.A. (orig. ed.), §8-2502; Acts 1980, ch. 474, § 1; 1993, ch. 66, § 5; 1993, ch. 196, §1; 1996, ch. 996, §2; 2007 , ch. 60; 2012 , ch. 611, § 2.
Tenn. Code Ann. § 8-24-101 — TN Code / Title 8 / Chapter 24 / Section 8-24-101
Classification of counties
Status: in_force

(a) For purposes other than determining compensation for the various county officers enumerated in § 8-24-102 , the counties are divided into classes as follows: (1) Counties having a population of four hundred thousand (400,000) or more shall constitute counties of the first class; (2) Counties having a population of one hundred fifty thousand (150,000) or more, but less than four hundred thousand (400,000), shall constitute counties of the second class; (3) Counties having a population of fifty thousand (50,000) or more, but less than one hundred fifty thousand (150,000), shall constitute counties of the third class. Within the third class, counties having a population of seventy-four thousand five hundred (74,500) or more shall constitute subclass A, and counties having a population of less than seventy-four thousand five hundred (74,500) shall constitute subclass B; (4) Counties having a population of twenty-three thousand three hundred (23,300) or more, but less than fifty thousand (50,000), shall constitute counties of the fourth class; (5) Counties having a population of twelve thousand (12,000) or more, but less than twenty-three thousand three hundred (23,300), shall constitute counties of the fifth class; (6) Counties having a population of five thousand five hundred (5,500) or more, but less than twelve thousand (12,000), shall constitute counties of the sixth class; (7) Counties having a population of three thousand seven hundred seventy (3,770) or more, but less than five thousand five hundred (5,500), shall constitute counties of the seventh class; and (8) Counties having a population of less than three thousand seven hundred seventy (3,770) shall constitute counties of the eighth class. (b) (1) The population of counties for purposes of this section shall be determined by the 1970 federal census and the most recent succeeding federal census. (2) Except that the population of counties which have a population of not less than thirty-four thousand four hundred (34,400) nor more than thirty-four thousand five hundred (34,500), according to the 1970 federal census or any subsequent federal census, for purposes of this section shall be determined by the 1970 federal census and any succeeding census taken in the county or counties. Acts 1921, ch. 101, § 2; Shan. Supp. § 6428a39; Code 1932, §10726; Acts 1935, ch. 118, § 1; C. Supp. 1950, § 10726; Acts 1953, ch. 4, § 1; 1955, ch. 126, § 1; 1961, ch. 147, §§ 1-3; 1961, ch. 284, § 1; 1965, ch. 90, § 1; 1965, ch. 174, § 1; 1971, ch. 436, § 1; 1972, ch. 539, § 1; 1979, ch. 385, § 1; T.C.A. (orig. ed.), § 8-2402; Acts 1987, ch. 397, §§ 1, 2; 1991, ch. 248, §§ 1, 2; 1996, ch. 936, § 5.
(a) For purposes other than determining compensation for the various county officers enumerated in § 8-24-102 , the counties are divided into classes as follows: (1) Counties having a population of four hundred thousand (400,000) or more shall constitute counties of the first class; (2) Counties having a population of one hundred fifty thousand (150,000) or more, but less than four hundred thousand (400,000), shall constitute counties of the second class; (3) Counties having a population of fifty thousand (50,000) or more, but less than one hundred fifty thousand (150,000), shall constitute counties of the third class. Within the third class, counties having a population of seventy-four thousand five hundred (74,500) or more shall constitute subclass A, and counties having a population of less than seventy-four thousand five hundred (74,500) shall constitute subclass B; (4) Counties having a population of twenty-three thousand three hundred (23,300) or more, but less than fifty thousand (50,000), shall constitute counties of the fourth class; (5) Counties having a population of twelve thousand (12,000) or more, but less than twenty-three thousand three hundred (23,300), shall constitute counties of the fifth class; (6) Counties having a population of five thousand five hundred (5,500) or more, but less than twelve thousand (12,000), shall constitute counties of the sixth class; (7) Counties having a population of three thousand seven hundred seventy (3,770) or more, but less than five thousand five hundred (5,500), shall constitute counties of the seventh class; and (8) Counties having a population of less than three thousand seven hundred seventy (3,770) shall constitute counties of the eighth class.
(1) Counties having a population of four hundred thousand (400,000) or more shall constitute counties of the first class;
(2) Counties having a population of one hundred fifty thousand (150,000) or more, but less than four hundred thousand (400,000), shall constitute counties of the second class;
(3) Counties having a population of fifty thousand (50,000) or more, but less than one hundred fifty thousand (150,000), shall constitute counties of the third class. Within the third class, counties having a population of seventy-four thousand five hundred (74,500) or more shall constitute subclass A, and counties having a population of less than seventy-four thousand five hundred (74,500) shall constitute subclass B;
(4) Counties having a population of twenty-three thousand three hundred (23,300) or more, but less than fifty thousand (50,000), shall constitute counties of the fourth class;
(5) Counties having a population of twelve thousand (12,000) or more, but less than twenty-three thousand three hundred (23,300), shall constitute counties of the fifth class;
(6) Counties having a population of five thousand five hundred (5,500) or more, but less than twelve thousand (12,000), shall constitute counties of the sixth class;
(7) Counties having a population of three thousand seven hundred seventy (3,770) or more, but less than five thousand five hundred (5,500), shall constitute counties of the seventh class; and
(8) Counties having a population of less than three thousand seven hundred seventy (3,770) shall constitute counties of the eighth class.
(b) (1) The population of counties for purposes of this section shall be determined by the 1970 federal census and the most recent succeeding federal census. (2) Except that the population of counties which have a population of not less than thirty-four thousand four hundred (34,400) nor more than thirty-four thousand five hundred (34,500), according to the 1970 federal census or any subsequent federal census, for purposes of this section shall be determined by the 1970 federal census and any succeeding census taken in the county or counties.
(1) The population of counties for purposes of this section shall be determined by the 1970 federal census and the most recent succeeding federal census.
(2) Except that the population of counties which have a population of not less than thirty-four thousand four hundred (34,400) nor more than thirty-four thousand five hundred (34,500), according to the 1970 federal census or any subsequent federal census, for purposes of this section shall be determined by the 1970 federal census and any succeeding census taken in the county or counties.
Acts 1921, ch. 101, § 2; Shan. Supp. § 6428a39; Code 1932, §10726; Acts 1935, ch. 118, § 1; C. Supp. 1950, § 10726; Acts 1953, ch. 4, § 1; 1955, ch. 126, § 1; 1961, ch. 147, §§ 1-3; 1961, ch. 284, § 1; 1965, ch. 90, § 1; 1965, ch. 174, § 1; 1971, ch. 436, § 1; 1972, ch. 539, § 1; 1979, ch. 385, § 1; T.C.A. (orig. ed.), § 8-2402; Acts 1987, ch. 397, §§ 1, 2; 1991, ch. 248, §§ 1, 2; 1996, ch. 936, § 5.
Tenn. Code Ann. § 8-12-117 — TN Code / Title 8 / Chapter 12 / Section 8-12-117
Delivery after death of surveyor
Status: in_force

In case of the death of such surveyor, the personal representative, or other person having the possession of the books and papers of the surveyor's office, shall deliver them over to the surveyor for the time being, and, on failure or refusal, shall be liable as provided in § 8-12-116 . Code 1858, § 443 (deriv. Acts 1837-1838, ch. 149, § 2); Shan., §547; Code 1932, § 799; T.C.A. (orig. ed.), § 8-1217.
In case of the death of such surveyor, the personal representative, or other person having the possession of the books and papers of the surveyor's office, shall deliver them over to the surveyor for the time being, and, on failure or refusal, shall be liable as provided in § 8-12-116 .
Code 1858, § 443 (deriv. Acts 1837-1838, ch. 149, § 2); Shan., §547; Code 1932, § 799; T.C.A. (orig. ed.), § 8-1217.
Tenn. Code Ann. § 8-6-207 — TN Code / Title 8 / Chapter 6 / Section 8-6-207
Distribution of state-owned reports
Status: in_force

(a) The comptroller of the treasury shall furnish each judge and chancellor and each circuit, chancery, criminal and common law court with a copy of each volume of such reports, gratis, and shall, in like manner, deposit with the secretary of state twenty-five (25) copies of each volume, to remain in that office subject to the direction of the general assembly, and shall also deliver to the state librarian copies requested, to be exchanged with departments and libraries of the United States, and of the several states and territories, and the librarian shall immediately distribute the same at the expense of the state. (b) The comptroller of the treasury shall also deliver, gratis, to the order of the University of Tennessee thirty (30) copies of each volume for its use, and for exchanges. Acts 1871, ch. 99, § 5; impl. am. Acts 1879, ch. 31, § 8; Shan., § 5767; mod. Code 1932, § 9965; Acts 1935, ch. 181, § 5; C. Supp. 1950, § 9965; T.C.A. (orig. ed.), § 8-617.
(a) The comptroller of the treasury shall furnish each judge and chancellor and each circuit, chancery, criminal and common law court with a copy of each volume of such reports, gratis, and shall, in like manner, deposit with the secretary of state twenty-five (25) copies of each volume, to remain in that office subject to the direction of the general assembly, and shall also deliver to the state librarian copies requested, to be exchanged with departments and libraries of the United States, and of the several states and territories, and the librarian shall immediately distribute the same at the expense of the state.
(b) The comptroller of the treasury shall also deliver, gratis, to the order of the University of Tennessee thirty (30) copies of each volume for its use, and for exchanges.
Acts 1871, ch. 99, § 5; impl. am. Acts 1879, ch. 31, § 8; Shan., § 5767; mod. Code 1932, § 9965; Acts 1935, ch. 181, § 5; C. Supp. 1950, § 9965; T.C.A. (orig. ed.), § 8-617.
Tenn. Code Ann. § 8-8-603 — TN Code / Title 8 / Chapter 8 / Section 8-8-603
Position classification plan
Status: in_force

With the advice and consent of the sheriff, the civil service commission shall adopt a position classification plan for correctional officers and make rules for its administration. Acts 1993, ch. 53, § 3.
With the advice and consent of the sheriff, the civil service commission shall adopt a position classification plan for correctional officers and make rules for its administration.
Acts 1993, ch. 53, § 3.
Tenn. Code Ann. § 8-34-624 — TN Code / Title 8 / Chapter 34 / Section 8-34-624
Service in county law enforcement administration career criminal grant position
Status: in_force

Any attorney general who was transferred from the state payroll to a full-time county law enforcement administration career criminal grant position and subsequently transferred directly back to the state payroll, may establish retirement credit for the period of service in the grant position; provided, that the member has remained in service as an attorney general with no break in continuous service longer than one (1) year. Such attorney general may establish retirement credit for such service rendered, upon a payment of the necessary back contributions and interest based on the salary such attorney general would have received had such attorney general remained on the state payroll as a full-time assistant district attorney general. Acts 1988, ch. 719, § 1.
Any attorney general who was transferred from the state payroll to a full-time county law enforcement administration career criminal grant position and subsequently transferred directly back to the state payroll, may establish retirement credit for the period of service in the grant position; provided, that the member has remained in service as an attorney general with no break in continuous service longer than one (1) year. Such attorney general may establish retirement credit for such service rendered, upon a payment of the necessary back contributions and interest based on the salary such attorney general would have received had such attorney general remained on the state payroll as a full-time assistant district attorney general.
Acts 1988, ch. 719, § 1.
Tenn. Code Ann. § 8-8-207 — TN Code / Title 8 / Chapter 8 / Section 8-8-207
Disobedience of process
Status: in_force

A sheriff's disobedience of the command of any process is a contempt of the court from which it issued, and may be punished accordingly; and such sheriff is further liable to the action of the party aggrieved. Code 1858, § 361 (deriv. Acts 1777 (Nov.), ch. 8, § 5); Shan., § 451; Code 1932, § 698; T.C.A. (orig. ed.), § 8-816.
A sheriff's disobedience of the command of any process is a contempt of the court from which it issued, and may be punished accordingly; and such sheriff is further liable to the action of the party aggrieved.
Code 1858, § 361 (deriv. Acts 1777 (Nov.), ch. 8, § 5); Shan., § 451; Code 1932, § 698; T.C.A. (orig. ed.), § 8-816.
Tenn. Code Ann. § 8-38-101 — TN Code / Title 8 / Chapter 38 / Section 8-38-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agreement" means the federal-state agreement between the federal agency and the state of Tennessee entered into on August 16, 1951, as authorized by the Social Security Enabling Act for the purpose of extending coverage under Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ); (2) "Commissioner of social security" includes any individual to whom the commissioner of social security has delegated any of the commissioner's functions under the Social Security Act ( 42 U.S.C. § 301 et seq.), with respect to coverage under such act of employees of states and their political subdivisions; (3) "Employee" includes an officer of a state or political subdivision thereof; (4) "Employment" means any service performed by an employee in the employ of the state, or any political subdivision thereof, for such employer, except: (A) Service which, in the absence of an agreement entered into under this chapter, would constitute "employment" as defined in the Social Security Act; or (B) Service which under the Social Security Act may not be included in an agreement between the state and the commissioner of social security, entered into under this chapter; (5) "Employer" means the state, a political subdivision, or a local instrumentality of either; (6) "Federal Insurance Contributions Act" means chapter 21 of the federal Internal Revenue Code of 1954 ( 26 U.S.C. § 3101 et seq.), as such code has been and may from time to time be amended or codified; (7) "Modification" means an amendment to the original federal-state agreement to modify coverage for coverage groups or to extend coverage to additional coverage groups consistent with Section 218 of the Social Security Act ( 42 USC § 418 ) and this chapter; (8) "Plan of agreement" means an agreement between the state social security administrator and an employer for the purpose of extending the benefits of the Social Security Act to coverage groups within its employ; (9) "Political subdivision" includes an instrumentality of a state, or one (1) or more of its political subdivisions, including the Tennessee Municipal League, the Tennessee School Boards Association and the Tennessee County Services Association, or of a state and one (1) or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the state or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the state or subdivision; (10) "Social Security Act" means the act of congress approved August 14, 1935, chapter 531 (49 Stat. 620), officially cited as the "Social Security Act", including regulations and requirements issued pursuant thereto, as such act has been and may from time to time be amended; (11) "State agency" means the state old age and survivors insurance agency; and (12) "Wages" means all remuneration for employment, regardless of the medium in which paid, which would constitute wages within the meaning of the Social Security Act, as amended. Amended by 2013 Tenn. Acts, ch. 170, s 1, eff. 4/16/2013. Acts 1951, ch. 90, § 2 (Williams, § 1034.65); 1953, ch. 236, § 1; 1955, ch. 84, § 1; 1955, ch. 228, § 2; 1957, ch. 88, §§ 1, 2; modified; T.C.A. (orig. ed.), § 8-3801; Acts 1980, ch. 774, § 1; 1981, ch. 20, § 1; 1985, ch. 66, § 1; 1996, ch. 616, §§ 3, 4.
As used in this chapter, unless the context otherwise requires:
(1) "Agreement" means the federal-state agreement between the federal agency and the state of Tennessee entered into on August 16, 1951, as authorized by the Social Security Enabling Act for the purpose of extending coverage under Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 );
(2) "Commissioner of social security" includes any individual to whom the commissioner of social security has delegated any of the commissioner's functions under the Social Security Act ( 42 U.S.C. § 301 et seq.), with respect to coverage under such act of employees of states and their political subdivisions;
(3) "Employee" includes an officer of a state or political subdivision thereof;
(4) "Employment" means any service performed by an employee in the employ of the state, or any political subdivision thereof, for such employer, except: (A) Service which, in the absence of an agreement entered into under this chapter, would constitute "employment" as defined in the Social Security Act; or (B) Service which under the Social Security Act may not be included in an agreement between the state and the commissioner of social security, entered into under this chapter;
(A) Service which, in the absence of an agreement entered into under this chapter, would constitute "employment" as defined in the Social Security Act; or
(B) Service which under the Social Security Act may not be included in an agreement between the state and the commissioner of social security, entered into under this chapter;
(5) "Employer" means the state, a political subdivision, or a local instrumentality of either;
(6) "Federal Insurance Contributions Act" means chapter 21 of the federal Internal Revenue Code of 1954 ( 26 U.S.C. § 3101 et seq.), as such code has been and may from time to time be amended or codified;
(7) "Modification" means an amendment to the original federal-state agreement to modify coverage for coverage groups or to extend coverage to additional coverage groups consistent with Section 218 of the Social Security Act ( 42 USC § 418 ) and this chapter;
(8) "Plan of agreement" means an agreement between the state social security administrator and an employer for the purpose of extending the benefits of the Social Security Act to coverage groups within its employ;
(9) "Political subdivision" includes an instrumentality of a state, or one (1) or more of its political subdivisions, including the Tennessee Municipal League, the Tennessee School Boards Association and the Tennessee County Services Association, or of a state and one (1) or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the state or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the state or subdivision;
(10) "Social Security Act" means the act of congress approved August 14, 1935, chapter 531 (49 Stat. 620), officially cited as the "Social Security Act", including regulations and requirements issued pursuant thereto, as such act has been and may from time to time be amended;
(11) "State agency" means the state old age and survivors insurance agency; and
(12) "Wages" means all remuneration for employment, regardless of the medium in which paid, which would constitute wages within the meaning of the Social Security Act, as amended.
Amended by 2013 Tenn. Acts, ch. 170, s 1, eff. 4/16/2013.
Acts 1951, ch. 90, § 2 (Williams, § 1034.65); 1953, ch. 236, § 1; 1955, ch. 84, § 1; 1955, ch. 228, § 2; 1957, ch. 88, §§ 1, 2; modified; T.C.A. (orig. ed.), § 8-3801; Acts 1980, ch. 774, § 1; 1981, ch. 20, § 1; 1985, ch. 66, § 1; 1996, ch. 616, §§ 3, 4.
Tenn. Code Ann. § 8-36-502 — TN Code / Title 8 / Chapter 36 / Section 8-36-502
Accidental disability retirement allowances
Status: in_force

(a) Accidental Disability Retirement Authorized. Upon the application of a member in Group 1 or 2, any such member who has been disabled as the natural and proximate result of an accident or as the direct result of physical violence against the member's own person occurring while the member was in the actual performance of duty at some definite time and place, without negligence on the member's part, may be retired by the board of trustees on an accidental disability retirement allowance. A member shall not be entitled to receive disability retirement benefits under this section unless the member files with the retirement division an application for the benefits within two (2) years of the date of the claimed accident or incident causing such disability or within one (1) year of the member's last paid day of employment, whichever is later. Before approval may be granted, the member must provide competent medical evidence that conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity and that such disability occurred while in the actual performance of duty. (b) Law Enforcement Officers and Firefighters. For purposes of this section, § 7-51-201 shall not apply. (c) Amount of Allowance. (1) For any person becoming a Group 1 or Group 2 member of the retirement system before July 1, 1997, the amount of the accidental disability retirement allowance shall equal fifty percent (50%) of the member's average final compensation, except as reduced as follows: (A) The accidental disability retirement allowance shall be reduced to one-third (1/3) of the member's average final compensation upon the member's receipt of benefits under Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ). The reduction shall not be made 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 service retirement age as provided in §§ 8-36-201 - 8-36-205; (B) Any member who is approved for an accidental disability retirement allowance to begin at fifty percent (50%) of the member's average final compensation shall be required, as a condition of continued receipt of such, to provide adequate documentation to the retirement system within thirty (30) days after notification of such approval, that the member has made application for social security disability benefits. If the application for social security benefits is denied, the member shall be given thirty (30) days from the date of denial in which to seek a reconsideration of the member's claim from the social security administration and to notify the retirement system of such action. Should the member's claim for social security disability benefits be denied upon reconsideration, the member shall, within thirty (30) days after notice of such denial, file an appeal to the administrative law judge and notify the retirement system of the member's action. The member is required to keep the retirement system informed of the status of the member's claim for social security disability benefits through the entire appeals process as specified herein. Failure to comply with the requirements of this subdivision (c)(1) shall result in a reduction of the member's disability retirement allowance to thirty-three and one-third percent (331/3%) of the member's average final compensation; and (C) Notwithstanding anything to the contrary, in all cases where a member, including a prior class member, is receiving payments from the division of claims and risk management or workers' compensation, the disability retirement allowance payable under this section shall be reduced so that the member's disability allowance, together with payments from the division of claims and risk management and workers' compensation, does not exceed seventy-five percent (75%) of the member's average final compensation. Any lump sum payments made by the division of claims and risk management or workers' compensation shall be prorated over the period of time the payments would have been made had the payments not been commuted to a lump sum. (2) This subsection (c) shall not be construed to prevent any increase in the accidental disability retirement allowance of a member in excess of the limits set forth in subdivision (c)(1) when such increase is in accordance with § 8-36-124 or § 8-36-701 . (3) For any person becoming a Group 1 or Group 2 member of the retirement system on or after July 1, 1997, the amount of the accidental disability retirement allowance shall equal the amount of an ordinary disability retirement allowance calculated pursuant to § 8-36-501(c) . Acts 1972, ch. 814, § 5; 1973, ch. 347, § 15; 1974, ch. 737, §§ 1-3; 1977, ch. 448, § 2; 1978, ch. 741, § 14; 1979, ch. 321, §§ 3, 6; T.C.A., §§ 8-3911, 8-3913; Acts 1981, ch. 387, § 9; 1986, ch. 553, § 19; 1989, ch. 505, §§ 4, 5; 1992, ch. 733, § 2; 1993, ch. 67, § 24; 1997 , ch. 219, § 6; 1999, ch. 79, § 8; 2001, ch. 58, § 20.
(a) Accidental Disability Retirement Authorized. Upon the application of a member in Group 1 or 2, any such member who has been disabled as the natural and proximate result of an accident or as the direct result of physical violence against the member's own person occurring while the member was in the actual performance of duty at some definite time and place, without negligence on the member's part, may be retired by the board of trustees on an accidental disability retirement allowance. A member shall not be entitled to receive disability retirement benefits under this section unless the member files with the retirement division an application for the benefits within two (2) years of the date of the claimed accident or incident causing such disability or within one (1) year of the member's last paid day of employment, whichever is later. Before approval may be granted, the member must provide competent medical evidence that conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity and that such disability occurred while in the actual performance of duty.
(b) Law Enforcement Officers and Firefighters. For purposes of this section, § 7-51-201 shall not apply.
(c) Amount of Allowance. (1) For any person becoming a Group 1 or Group 2 member of the retirement system before July 1, 1997, the amount of the accidental disability retirement allowance shall equal fifty percent (50%) of the member's average final compensation, except as reduced as follows: (A) The accidental disability retirement allowance shall be reduced to one-third (1/3) of the member's average final compensation upon the member's receipt of benefits under Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ). The reduction shall not be made 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 service retirement age as provided in §§ 8-36-201 - 8-36-205; (B) Any member who is approved for an accidental disability retirement allowance to begin at fifty percent (50%) of the member's average final compensation shall be required, as a condition of continued receipt of such, to provide adequate documentation to the retirement system within thirty (30) days after notification of such approval, that the member has made application for social security disability benefits. If the application for social security benefits is denied, the member shall be given thirty (30) days from the date of denial in which to seek a reconsideration of the member's claim from the social security administration and to notify the retirement system of such action. Should the member's claim for social security disability benefits be denied upon reconsideration, the member shall, within thirty (30) days after notice of such denial, file an appeal to the administrative law judge and notify the retirement system of the member's action. The member is required to keep the retirement system informed of the status of the member's claim for social security disability benefits through the entire appeals process as specified herein. Failure to comply with the requirements of this subdivision (c)(1) shall result in a reduction of the member's disability retirement allowance to thirty-three and one-third percent (331/3%) of the member's average final compensation; and (C) Notwithstanding anything to the contrary, in all cases where a member, including a prior class member, is receiving payments from the division of claims and risk management or workers' compensation, the disability retirement allowance payable under this section shall be reduced so that the member's disability allowance, together with payments from the division of claims and risk management and workers' compensation, does not exceed seventy-five percent (75%) of the member's average final compensation. Any lump sum payments made by the division of claims and risk management or workers' compensation shall be prorated over the period of time the payments would have been made had the payments not been commuted to a lump sum. (2) This subsection (c) shall not be construed to prevent any increase in the accidental disability retirement allowance of a member in excess of the limits set forth in subdivision (c)(1) when such increase is in accordance with § 8-36-124 or § 8-36-701 . (3) For any person becoming a Group 1 or Group 2 member of the retirement system on or after July 1, 1997, the amount of the accidental disability retirement allowance shall equal the amount of an ordinary disability retirement allowance calculated pursuant to § 8-36-501(c) .
(1) For any person becoming a Group 1 or Group 2 member of the retirement system before July 1, 1997, the amount of the accidental disability retirement allowance shall equal fifty percent (50%) of the member's average final compensation, except as reduced as follows: (A) The accidental disability retirement allowance shall be reduced to one-third (1/3) of the member's average final compensation upon the member's receipt of benefits under Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ). The reduction shall not be made 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 service retirement age as provided in §§ 8-36-201 - 8-36-205; (B) Any member who is approved for an accidental disability retirement allowance to begin at fifty percent (50%) of the member's average final compensation shall be required, as a condition of continued receipt of such, to provide adequate documentation to the retirement system within thirty (30) days after notification of such approval, that the member has made application for social security disability benefits. If the application for social security benefits is denied, the member shall be given thirty (30) days from the date of denial in which to seek a reconsideration of the member's claim from the social security administration and to notify the retirement system of such action. Should the member's claim for social security disability benefits be denied upon reconsideration, the member shall, within thirty (30) days after notice of such denial, file an appeal to the administrative law judge and notify the retirement system of the member's action. The member is required to keep the retirement system informed of the status of the member's claim for social security disability benefits through the entire appeals process as specified herein. Failure to comply with the requirements of this subdivision (c)(1) shall result in a reduction of the member's disability retirement allowance to thirty-three and one-third percent (331/3%) of the member's average final compensation; and (C) Notwithstanding anything to the contrary, in all cases where a member, including a prior class member, is receiving payments from the division of claims and risk management or workers' compensation, the disability retirement allowance payable under this section shall be reduced so that the member's disability allowance, together with payments from the division of claims and risk management and workers' compensation, does not exceed seventy-five percent (75%) of the member's average final compensation. Any lump sum payments made by the division of claims and risk management or workers' compensation shall be prorated over the period of time the payments would have been made had the payments not been commuted to a lump sum.
(A) The accidental disability retirement allowance shall be reduced to one-third (1/3) of the member's average final compensation upon the member's receipt of benefits under Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ). The reduction shall not be made 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 service retirement age as provided in §§ 8-36-201 - 8-36-205;
(B) Any member who is approved for an accidental disability retirement allowance to begin at fifty percent (50%) of the member's average final compensation shall be required, as a condition of continued receipt of such, to provide adequate documentation to the retirement system within thirty (30) days after notification of such approval, that the member has made application for social security disability benefits. If the application for social security benefits is denied, the member shall be given thirty (30) days from the date of denial in which to seek a reconsideration of the member's claim from the social security administration and to notify the retirement system of such action. Should the member's claim for social security disability benefits be denied upon reconsideration, the member shall, within thirty (30) days after notice of such denial, file an appeal to the administrative law judge and notify the retirement system of the member's action. The member is required to keep the retirement system informed of the status of the member's claim for social security disability benefits through the entire appeals process as specified herein. Failure to comply with the requirements of this subdivision (c)(1) shall result in a reduction of the member's disability retirement allowance to thirty-three and one-third percent (331/3%) of the member's average final compensation; and
(C) Notwithstanding anything to the contrary, in all cases where a member, including a prior class member, is receiving payments from the division of claims and risk management or workers' compensation, the disability retirement allowance payable under this section shall be reduced so that the member's disability allowance, together with payments from the division of claims and risk management and workers' compensation, does not exceed seventy-five percent (75%) of the member's average final compensation. Any lump sum payments made by the division of claims and risk management or workers' compensation shall be prorated over the period of time the payments would have been made had the payments not been commuted to a lump sum.
(2) This subsection (c) shall not be construed to prevent any increase in the accidental disability retirement allowance of a member in excess of the limits set forth in subdivision (c)(1) when such increase is in accordance with § 8-36-124 or § 8-36-701 .
(3) For any person becoming a Group 1 or Group 2 member of the retirement system on or after July 1, 1997, the amount of the accidental disability retirement allowance shall equal the amount of an ordinary disability retirement allowance calculated pursuant to § 8-36-501(c) .
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 15; 1974, ch. 737, §§ 1-3; 1977, ch. 448, § 2; 1978, ch. 741, § 14; 1979, ch. 321, §§ 3, 6; T.C.A., §§ 8-3911, 8-3913; Acts 1981, ch. 387, § 9; 1986, ch. 553, § 19; 1989, ch. 505, §§ 4, 5; 1992, ch. 733, § 2; 1993, ch. 67, § 24; 1997 , ch. 219, § 6; 1999, ch. 79, § 8; 2001, ch. 58, § 20.
Tenn. Code Ann. § 8-26-108 — TN Code / Title 8 / Chapter 26 / Section 8-26-108
Transportation of prisoner by sheriff
Status: in_force

(a) When the sheriff is required by law to remove a person on a writ of habeas corpus, change of venue, or otherwise, or to remove a person of unsound mind to or from an asylum, the sheriff shall make out a statement of expenses, itemized, of the sheriff, of the person being conducted, and of an escort, if one was necessary, and shall make oath that the same is true and correct. The sheriff shall present the same to the county mayor, for auditing and allowance, and if approved by the county mayor, it shall be allowed as other claims are allowed. (b) Where a municipality or other governmental agency in the state of Tennessee owns, leases or contracts for the use of an airplane for the purpose of air travel facilities, and such facilities are used in going after and returning any fugitive from another part of the state, the municipality or other governmental agency shall be reimbursed the cost of the plane fare for the sheriff, deputy, guard, or escort, and the fugitive, in the amount which may be charged by any regular commercial airline, plus such other expenses as may be necessary for meals, lodging and such other actual expenses incurred going to and from the airport. The sheriff, deputy, guard or escort may also utilize regular commercial airlines where the cost of such transportation is comparable economically to ground transportation. Acts 1921, ch. 101, § 14; Shan. Supp., § 6428a51; Code 1932, §10740; Acts 1976, ch. 516, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; modified; T.C.A. (orig. ed.), §8-2511; Acts 2003 , ch. 90, § 2.
(a) When the sheriff is required by law to remove a person on a writ of habeas corpus, change of venue, or otherwise, or to remove a person of unsound mind to or from an asylum, the sheriff shall make out a statement of expenses, itemized, of the sheriff, of the person being conducted, and of an escort, if one was necessary, and shall make oath that the same is true and correct. The sheriff shall present the same to the county mayor, for auditing and allowance, and if approved by the county mayor, it shall be allowed as other claims are allowed.
(b) Where a municipality or other governmental agency in the state of Tennessee owns, leases or contracts for the use of an airplane for the purpose of air travel facilities, and such facilities are used in going after and returning any fugitive from another part of the state, the municipality or other governmental agency shall be reimbursed the cost of the plane fare for the sheriff, deputy, guard, or escort, and the fugitive, in the amount which may be charged by any regular commercial airline, plus such other expenses as may be necessary for meals, lodging and such other actual expenses incurred going to and from the airport. The sheriff, deputy, guard or escort may also utilize regular commercial airlines where the cost of such transportation is comparable economically to ground transportation.
Acts 1921, ch. 101, § 14; Shan. Supp., § 6428a51; Code 1932, §10740; Acts 1976, ch. 516, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; modified; T.C.A. (orig. ed.), §8-2511; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 8-50-104 — TN Code / Title 8 / Chapter 50 / Section 8-50-104
Employment of the disabled - Assistance programs - Studies
Status: in_force

It is the policy of the state to give positive emphasis to the recruitment, evaluation, and employment of disabled persons in the public service. The department of human resources shall develop methods and programs to assist and encourage the departments, agencies and institutions of the state and the various political subdivisions of the state in carrying out the stated policy, and shall provide for appropriate study and review of the employment of disabled persons in the public service. Private employers in the state may in like manner develop policies for complying with § 8-50-103 . Acts 1976, ch. 457, § 2; T.C.A., § 8-4132; Acts 2007 , ch. 60; 2008 , ch. 706, § 4.
It is the policy of the state to give positive emphasis to the recruitment, evaluation, and employment of disabled persons in the public service. The department of human resources shall develop methods and programs to assist and encourage the departments, agencies and institutions of the state and the various political subdivisions of the state in carrying out the stated policy, and shall provide for appropriate study and review of the employment of disabled persons in the public service. Private employers in the state may in like manner develop policies for complying with § 8-50-103 .
Acts 1976, ch. 457, § 2; T.C.A., § 8-4132; Acts 2007 , ch. 60; 2008 , ch. 706, § 4.
Tenn. Code Ann. § 8-36-916 — TN Code / Title 8 / Chapter 36 / Section 8-36-916
Defined contribution component of the hybrid plan
Status: in_force

(a) There is established the defined contribution component 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 and as supplemented pursuant to this part. (b) (1) Any person who becomes a participant in the hybrid plan shall have an initial two percent (2%) of that participant's compensation automatically deferred into the defined contribution component of the plan during the initial year of participation, unless such participant files with that participant's employer a notice of that participant's election not to contribute. Any notice of non-election shall be made in such format and through such medium as prescribed by the retirement system and must be filed with that participant's employer by no later than thirty (30) calendar days from the date of the notice of automatic deferral letter. (2) All contributions made by or on behalf of a participant to the defined contribution component of the plan who does not file a notice of non-election within the prescribed period shall be directed to the default option established by the trustees of the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title until such time as the participant selects a different investment option or options. Notwithstanding any provision of this section or any other law to the contrary, future deferrals may be cancelled or adjusted at any time by a participant provided the participant notifies that participant's employer in such format and through such medium as may be prescribed by the retirement system at least one (1) month before the payday on which the cancellation or change is to be effective; provided, however, that any adjustment in the deferrals, other than a cancellation, cannot cause the amount of the deferrals to be less than twenty dollars ($20.00) per month, or if the employee is paid twice a month, ten dollars ($10.00) semimonthly, or such other lower amount as may be established under chapter 25, part 3 of this title. In addition, any adjustment in the deferrals cannot cause the amount of the deferrals to exceed the maximum allowed under the Internal Revenue Code (26 U.S.C.). (3) Any participant who affirmatively declines to make employee deferrals after the first automatic enrollment contribution was made, may make an election to withdraw that participant's entire automatic enrollment contribution. This election must be submitted no later than ninety (90) calendar days after the payroll date in which the first automatic enrollment contribution is made on behalf of the participant. The amount of the distribution shall be the value of the automatic enrollment contributions plus or minus investment gains or losses as of the date the distribution is processed. Automatic enrollment contributions made after such date shall remain in the defined contribution component of the plan and shall be subject to the plan's regular distribution rules. Further, a participant who has made an election to withdraw and who thereafter leaves employment and is then rehired by the same employer as defined below or, by the same political subdivision in the case of a political subdivision employee, before a twelve (12) continuous month absence shall not be permitted to make another election to withdraw that participant's automatic enrollment contribution. For purposes of this subdivision (b)(3), "same employer" means the employer for which the person last worked prior to separation from covered employment. All departments, agencies and instrumentalities in the executive, legislative and judicial branches of state government, including public institutions of higher education, shall be deemed one and the same employer. All public schools within the Tennessee public school system, except for public institutions of higher education, shall be deemed one and the same employer. Notwithstanding subsection (d) below, the employer matching contributions described in subsection (c) that are attributable to the distribution of the automatic enrollment contributions shall be forfeited and placed in a forfeiture account. Amounts in the forfeiture account shall be used in the manner provided in the plan document established for the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title. The employer matching contributions described in subsection (c) shall not be made if a permissible withdrawal is taken pursuant to this subsection (b) before the date the matching contribution is allocated. (4) The initial two percent (2%) automatic enrollment contribution described in this subsection (b) shall be subject to a percentage annual increase thereafter if provided for in the plan document established for the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title. (5) The automatic deferrals shall be contributed on a pre-tax basis and shall continue until the participant affirmatively elects otherwise. (c) (1) Notwithstanding § 8-35-111 , each employer shall make a mandatory contribution to the defined contribution component of the plan on behalf of each of its employees participating in the hybrid plan, regardless of whether the employees make any employee contributions pursuant to subsection (b). Employer contributions for kindergarten through twelfth (K-12) grade teachers shall be paid by the respective local education agency for which the teachers are employed. The amount of the contribution shall be five percent (5%) of the respective employee's salary. The mandatory contributions required in this subdivision (c)(1) are in addition to any match provided for in § 8-25-303 to participants who otherwise participate in a profit sharing or salary reduction plan under chapter 25, part 3 of this title; provided, that the total combined employer contributions to all defined contribution plans, with the exception of contributions made to a tax deferred retirement plan under § 457(f) of the Internal Revenue Code ( 26 U.S.C. § 457(f) ), on behalf of a single employee shall not exceed seven percent (7%) of the employee's salary and must conform to all applicable laws, rules, and regulations of the internal revenue service governing profit sharing and salary reduction plans for governmental employees. If the employer contributions to all such plans combined exceed such amount, the employer shall reduce its contributions to any other defined contribution plans such that the contributions to the defined contribution component of the plan and to the other plans do not exceed the limit. (2) Each participant who affirmatively elects to make employee deferrals shall select the investment option or options in which the contributions made by or on behalf of such participant are to be directed. Should a participant fail to select an investment option, the contributions attributable to the participant shall be directed to the default option established for the defined contribution component of the plan until such time as the person selects a different investment option or options. (d) The total amount contributed by the employee and employer under this section shall vest to the participant's benefit immediately. (e) The state treasurer may offer financial educational services for participants in the defined contribution component of the hybrid plan. The services may include, but are not limited to, offering financial planning guidance on matters such as investment diversification, investment risks, investment costs, asset allocation, and other topics regarding investing, generally. Amended by 2024 Tenn. Acts, ch. 605,s 11, eff. 3/27/2024. Amended by 2014 Tenn. Acts, ch. 659, s 26, eff. 7/1/2014. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) There is established the defined contribution component 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 and as supplemented pursuant to this part.
(b) (1) Any person who becomes a participant in the hybrid plan shall have an initial two percent (2%) of that participant's compensation automatically deferred into the defined contribution component of the plan during the initial year of participation, unless such participant files with that participant's employer a notice of that participant's election not to contribute. Any notice of non-election shall be made in such format and through such medium as prescribed by the retirement system and must be filed with that participant's employer by no later than thirty (30) calendar days from the date of the notice of automatic deferral letter. (2) All contributions made by or on behalf of a participant to the defined contribution component of the plan who does not file a notice of non-election within the prescribed period shall be directed to the default option established by the trustees of the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title until such time as the participant selects a different investment option or options. Notwithstanding any provision of this section or any other law to the contrary, future deferrals may be cancelled or adjusted at any time by a participant provided the participant notifies that participant's employer in such format and through such medium as may be prescribed by the retirement system at least one (1) month before the payday on which the cancellation or change is to be effective; provided, however, that any adjustment in the deferrals, other than a cancellation, cannot cause the amount of the deferrals to be less than twenty dollars ($20.00) per month, or if the employee is paid twice a month, ten dollars ($10.00) semimonthly, or such other lower amount as may be established under chapter 25, part 3 of this title. In addition, any adjustment in the deferrals cannot cause the amount of the deferrals to exceed the maximum allowed under the Internal Revenue Code (26 U.S.C.). (3) Any participant who affirmatively declines to make employee deferrals after the first automatic enrollment contribution was made, may make an election to withdraw that participant's entire automatic enrollment contribution. This election must be submitted no later than ninety (90) calendar days after the payroll date in which the first automatic enrollment contribution is made on behalf of the participant. The amount of the distribution shall be the value of the automatic enrollment contributions plus or minus investment gains or losses as of the date the distribution is processed. Automatic enrollment contributions made after such date shall remain in the defined contribution component of the plan and shall be subject to the plan's regular distribution rules. Further, a participant who has made an election to withdraw and who thereafter leaves employment and is then rehired by the same employer as defined below or, by the same political subdivision in the case of a political subdivision employee, before a twelve (12) continuous month absence shall not be permitted to make another election to withdraw that participant's automatic enrollment contribution. For purposes of this subdivision (b)(3), "same employer" means the employer for which the person last worked prior to separation from covered employment. All departments, agencies and instrumentalities in the executive, legislative and judicial branches of state government, including public institutions of higher education, shall be deemed one and the same employer. All public schools within the Tennessee public school system, except for public institutions of higher education, shall be deemed one and the same employer. Notwithstanding subsection (d) below, the employer matching contributions described in subsection (c) that are attributable to the distribution of the automatic enrollment contributions shall be forfeited and placed in a forfeiture account. Amounts in the forfeiture account shall be used in the manner provided in the plan document established for the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title. The employer matching contributions described in subsection (c) shall not be made if a permissible withdrawal is taken pursuant to this subsection (b) before the date the matching contribution is allocated. (4) The initial two percent (2%) automatic enrollment contribution described in this subsection (b) shall be subject to a percentage annual increase thereafter if provided for in the plan document established for the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title. (5) The automatic deferrals shall be contributed on a pre-tax basis and shall continue until the participant affirmatively elects otherwise.
(1) Any person who becomes a participant in the hybrid plan shall have an initial two percent (2%) of that participant's compensation automatically deferred into the defined contribution component of the plan during the initial year of participation, unless such participant files with that participant's employer a notice of that participant's election not to contribute. Any notice of non-election shall be made in such format and through such medium as prescribed by the retirement system and must be filed with that participant's employer by no later than thirty (30) calendar days from the date of the notice of automatic deferral letter.
(2) All contributions made by or on behalf of a participant to the defined contribution component of the plan who does not file a notice of non-election within the prescribed period shall be directed to the default option established by the trustees of the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title until such time as the participant selects a different investment option or options. Notwithstanding any provision of this section or any other law to the contrary, future deferrals may be cancelled or adjusted at any time by a participant provided the participant notifies that participant's employer in such format and through such medium as may be prescribed by the retirement system at least one (1) month before the payday on which the cancellation or change is to be effective; provided, however, that any adjustment in the deferrals, other than a cancellation, cannot cause the amount of the deferrals to be less than twenty dollars ($20.00) per month, or if the employee is paid twice a month, ten dollars ($10.00) semimonthly, or such other lower amount as may be established under chapter 25, part 3 of this title. In addition, any adjustment in the deferrals cannot cause the amount of the deferrals to exceed the maximum allowed under the Internal Revenue Code (26 U.S.C.).
(3) Any participant who affirmatively declines to make employee deferrals after the first automatic enrollment contribution was made, may make an election to withdraw that participant's entire automatic enrollment contribution. This election must be submitted no later than ninety (90) calendar days after the payroll date in which the first automatic enrollment contribution is made on behalf of the participant. The amount of the distribution shall be the value of the automatic enrollment contributions plus or minus investment gains or losses as of the date the distribution is processed. Automatic enrollment contributions made after such date shall remain in the defined contribution component of the plan and shall be subject to the plan's regular distribution rules. Further, a participant who has made an election to withdraw and who thereafter leaves employment and is then rehired by the same employer as defined below or, by the same political subdivision in the case of a political subdivision employee, before a twelve (12) continuous month absence shall not be permitted to make another election to withdraw that participant's automatic enrollment contribution. For purposes of this subdivision (b)(3), "same employer" means the employer for which the person last worked prior to separation from covered employment. All departments, agencies and instrumentalities in the executive, legislative and judicial branches of state government, including public institutions of higher education, shall be deemed one and the same employer. All public schools within the Tennessee public school system, except for public institutions of higher education, shall be deemed one and the same employer. Notwithstanding subsection (d) below, the employer matching contributions described in subsection (c) that are attributable to the distribution of the automatic enrollment contributions shall be forfeited and placed in a forfeiture account. Amounts in the forfeiture account shall be used in the manner provided in the plan document established for the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title. The employer matching contributions described in subsection (c) shall not be made if a permissible withdrawal is taken pursuant to this subsection (b) before the date the matching contribution is allocated.
(4) The initial two percent (2%) automatic enrollment contribution described in this subsection (b) shall be subject to a percentage annual increase thereafter if provided for in the plan document established for the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title.
(5) The automatic deferrals shall be contributed on a pre-tax basis and shall continue until the participant affirmatively elects otherwise.
(c) (1) Notwithstanding § 8-35-111 , each employer shall make a mandatory contribution to the defined contribution component of the plan on behalf of each of its employees participating in the hybrid plan, regardless of whether the employees make any employee contributions pursuant to subsection (b). Employer contributions for kindergarten through twelfth (K-12) grade teachers shall be paid by the respective local education agency for which the teachers are employed. The amount of the contribution shall be five percent (5%) of the respective employee's salary. The mandatory contributions required in this subdivision (c)(1) are in addition to any match provided for in § 8-25-303 to participants who otherwise participate in a profit sharing or salary reduction plan under chapter 25, part 3 of this title; provided, that the total combined employer contributions to all defined contribution plans, with the exception of contributions made to a tax deferred retirement plan under § 457(f) of the Internal Revenue Code ( 26 U.S.C. § 457(f) ), on behalf of a single employee shall not exceed seven percent (7%) of the employee's salary and must conform to all applicable laws, rules, and regulations of the internal revenue service governing profit sharing and salary reduction plans for governmental employees. If the employer contributions to all such plans combined exceed such amount, the employer shall reduce its contributions to any other defined contribution plans such that the contributions to the defined contribution component of the plan and to the other plans do not exceed the limit. (2) Each participant who affirmatively elects to make employee deferrals shall select the investment option or options in which the contributions made by or on behalf of such participant are to be directed. Should a participant fail to select an investment option, the contributions attributable to the participant shall be directed to the default option established for the defined contribution component of the plan until such time as the person selects a different investment option or options.
(1) Notwithstanding § 8-35-111 , each employer shall make a mandatory contribution to the defined contribution component of the plan on behalf of each of its employees participating in the hybrid plan, regardless of whether the employees make any employee contributions pursuant to subsection (b). Employer contributions for kindergarten through twelfth (K-12) grade teachers shall be paid by the respective local education agency for which the teachers are employed. The amount of the contribution shall be five percent (5%) of the respective employee's salary. The mandatory contributions required in this subdivision (c)(1) are in addition to any match provided for in § 8-25-303 to participants who otherwise participate in a profit sharing or salary reduction plan under chapter 25, part 3 of this title; provided, that the total combined employer contributions to all defined contribution plans, with the exception of contributions made to a tax deferred retirement plan under § 457(f) of the Internal Revenue Code ( 26 U.S.C. § 457(f) ), on behalf of a single employee shall not exceed seven percent (7%) of the employee's salary and must conform to all applicable laws, rules, and regulations of the internal revenue service governing profit sharing and salary reduction plans for governmental employees. If the employer contributions to all such plans combined exceed such amount, the employer shall reduce its contributions to any other defined contribution plans such that the contributions to the defined contribution component of the plan and to the other plans do not exceed the limit.
(2) Each participant who affirmatively elects to make employee deferrals shall select the investment option or options in which the contributions made by or on behalf of such participant are to be directed. Should a participant fail to select an investment option, the contributions attributable to the participant shall be directed to the default option established for the defined contribution component of the plan until such time as the person selects a different investment option or options.
(d) The total amount contributed by the employee and employer under this section shall vest to the participant's benefit immediately.
(e) The state treasurer may offer financial educational services for participants in the defined contribution component of the hybrid plan. The services may include, but are not limited to, offering financial planning guidance on matters such as investment diversification, investment risks, investment costs, asset allocation, and other topics regarding investing, generally.
Amended by 2024 Tenn. Acts, ch. 605,s 11, eff. 3/27/2024.
Amended by 2014 Tenn. Acts, ch. 659, s 26, eff. 7/1/2014.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-27-301 — TN Code / Title 8 / Chapter 27 / Section 8-27-301
Local education insurance committee created - Part definitions
Status: in_force

(a) (1) There is created a local education insurance committee to be composed of the governor, who may designate the commissioner of education to attend in place of the governor as a full voting member, a representative of local school boards to be selected by the Tennessee School Boards Association, the state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, the commissioner of finance and administration, and three (3) teachers appointed to represent the three (3) grand divisions under the procedure contained in § 8-34-302(a)(9) . (2) The state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, and the commissioner of finance and administration are authorized to designate an alternate representative to attend, participate, and vote at meetings of the local education insurance committee when that respective member is unable to attend. The commissioner of education also has the authority to designate an alternate representative if the commissioner of education is designated by the governor, pursuant to this subsection (a), to serve on the local education insurance committee. The designation of an alternate representative shall be made in writing to the chair of the local education insurance committee. (b) As used in this part: (1) "Claims data" means: (A) A general claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the claims experience with the following information: (i) Number of enrolled employees, including whether the individual is active or a retiree; (ii) Number of members; (iii) Charges submitted; (iv) Allowed amount; (v) Deductible amount; (vi) Copayments; (vii) Coinsurance amounts; (viii) Third-party amounts; and (ix) Net payment; and (B) A large claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the net or allowed payments for individuals exceeding twenty-five thousand dollars ($25,000), and describing the claims experience with the following information: (i) Fund code designating whether the individual is active or a retiree; (ii) Year of birth; (iii) Principal diagnosis code; (iv) The net or allowed amount paid on behalf of the individual; and (v) A sequential member reference number rather than the individual's name; (2) "Instructional employee" means those persons employed by a local education agency as teachers, as defined in § 8-34-101 , and who are not eligible for insurance coverage under § 8-27-202 ; (3) "Local education agency" or "LEA" has the same definition as used in § 49-3-104 and includes educational cooperatives created pursuant to the Educational Cooperation Act, compiled in title 49, chapter 2, part 13; (4) "Local education insurance committee" means the local education insurance committee created in subsection (a); and (5) "Support staff employees" means those persons employed by a local education agency who are not instructional employees. Amended by 2022 Tenn. Acts, ch. 966, s 91, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 238, s 2, eff. 4/28/2017. Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015. Acts 1976, ch. 804, §§ 4, 8; T.C.A., § 8-4504; Acts 1982, ch. 914, § 1; 1985, ch. 455, § 1; 1990, ch. 776, §§ 2, 4; 1991, ch. 128, § 2; 1997 , ch. 513, §§ 2, 9; 1998, ch. 905, § 3; 1999, ch. 116, § 3; 2009 , ch. 502, § 3.
(a) (1) There is created a local education insurance committee to be composed of the governor, who may designate the commissioner of education to attend in place of the governor as a full voting member, a representative of local school boards to be selected by the Tennessee School Boards Association, the state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, the commissioner of finance and administration, and three (3) teachers appointed to represent the three (3) grand divisions under the procedure contained in § 8-34-302(a)(9) . (2) The state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, and the commissioner of finance and administration are authorized to designate an alternate representative to attend, participate, and vote at meetings of the local education insurance committee when that respective member is unable to attend. The commissioner of education also has the authority to designate an alternate representative if the commissioner of education is designated by the governor, pursuant to this subsection (a), to serve on the local education insurance committee. The designation of an alternate representative shall be made in writing to the chair of the local education insurance committee.
(1) There is created a local education insurance committee to be composed of the governor, who may designate the commissioner of education to attend in place of the governor as a full voting member, a representative of local school boards to be selected by the Tennessee School Boards Association, the state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, the commissioner of finance and administration, and three (3) teachers appointed to represent the three (3) grand divisions under the procedure contained in § 8-34-302(a)(9) .
(2) The state treasurer, the commissioner of commerce and insurance, the comptroller of the treasury, and the commissioner of finance and administration are authorized to designate an alternate representative to attend, participate, and vote at meetings of the local education insurance committee when that respective member is unable to attend. The commissioner of education also has the authority to designate an alternate representative if the commissioner of education is designated by the governor, pursuant to this subsection (a), to serve on the local education insurance committee. The designation of an alternate representative shall be made in writing to the chair of the local education insurance committee.
(b) As used in this part: (1) "Claims data" means: (A) A general claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the claims experience with the following information: (i) Number of enrolled employees, including whether the individual is active or a retiree; (ii) Number of members; (iii) Charges submitted; (iv) Allowed amount; (v) Deductible amount; (vi) Copayments; (vii) Coinsurance amounts; (viii) Third-party amounts; and (ix) Net payment; and (B) A large claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the net or allowed payments for individuals exceeding twenty-five thousand dollars ($25,000), and describing the claims experience with the following information: (i) Fund code designating whether the individual is active or a retiree; (ii) Year of birth; (iii) Principal diagnosis code; (iv) The net or allowed amount paid on behalf of the individual; and (v) A sequential member reference number rather than the individual's name; (2) "Instructional employee" means those persons employed by a local education agency as teachers, as defined in § 8-34-101 , and who are not eligible for insurance coverage under § 8-27-202 ; (3) "Local education agency" or "LEA" has the same definition as used in § 49-3-104 and includes educational cooperatives created pursuant to the Educational Cooperation Act, compiled in title 49, chapter 2, part 13; (4) "Local education insurance committee" means the local education insurance committee created in subsection (a); and (5) "Support staff employees" means those persons employed by a local education agency who are not instructional employees.
(1) "Claims data" means: (A) A general claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the claims experience with the following information: (i) Number of enrolled employees, including whether the individual is active or a retiree; (ii) Number of members; (iii) Charges submitted; (iv) Allowed amount; (v) Deductible amount; (vi) Copayments; (vii) Coinsurance amounts; (viii) Third-party amounts; and (ix) Net payment; and (B) A large claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the net or allowed payments for individuals exceeding twenty-five thousand dollars ($25,000), and describing the claims experience with the following information: (i) Fund code designating whether the individual is active or a retiree; (ii) Year of birth; (iii) Principal diagnosis code; (iv) The net or allowed amount paid on behalf of the individual; and (v) A sequential member reference number rather than the individual's name;
(A) A general claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the claims experience with the following information: (i) Number of enrolled employees, including whether the individual is active or a retiree; (ii) Number of members; (iii) Charges submitted; (iv) Allowed amount; (v) Deductible amount; (vi) Copayments; (vii) Coinsurance amounts; (viii) Third-party amounts; and (ix) Net payment; and
(i) Number of enrolled employees, including whether the individual is active or a retiree;
(ii) Number of members;
(iii) Charges submitted;
(iv) Allowed amount;
(v) Deductible amount;
(vi) Copayments;
(vii) Coinsurance amounts;
(viii) Third-party amounts; and
(ix) Net payment; and
(B) A large claims data set aggregated by month and year, for the most recent thirty-six (36) months of available data, and describing the net or allowed payments for individuals exceeding twenty-five thousand dollars ($25,000), and describing the claims experience with the following information: (i) Fund code designating whether the individual is active or a retiree; (ii) Year of birth; (iii) Principal diagnosis code; (iv) The net or allowed amount paid on behalf of the individual; and (v) A sequential member reference number rather than the individual's name;
(i) Fund code designating whether the individual is active or a retiree;
(ii) Year of birth;
(iii) Principal diagnosis code;
(iv) The net or allowed amount paid on behalf of the individual; and
(v) A sequential member reference number rather than the individual's name;
(2) "Instructional employee" means those persons employed by a local education agency as teachers, as defined in § 8-34-101 , and who are not eligible for insurance coverage under § 8-27-202 ;
(3) "Local education agency" or "LEA" has the same definition as used in § 49-3-104 and includes educational cooperatives created pursuant to the Educational Cooperation Act, compiled in title 49, chapter 2, part 13;
(4) "Local education insurance committee" means the local education insurance committee created in subsection (a); and
(5) "Support staff employees" means those persons employed by a local education agency who are not instructional employees.
Amended by 2022 Tenn. Acts, ch. 966, s 91, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 238, s 2, eff. 4/28/2017.
Amended by 2015 Tenn. Acts, ch. 426, s 3, eff. 5/18/2015.
Acts 1976, ch. 804, §§ 4, 8; T.C.A., § 8-4504; Acts 1982, ch. 914, § 1; 1985, ch. 455, § 1; 1990, ch. 776, §§ 2, 4; 1991, ch. 128, § 2; 1997 , ch. 513, §§ 2, 9; 1998, ch. 905, § 3; 1999, ch. 116, § 3; 2009 , ch. 502, § 3.
Tenn. Code Ann. § 8-4-201 — TN Code / Title 8 / Chapter 4 / Section 8-4-201
Power to require testimony and administer oaths
Status: in_force

The comptroller of the treasury, in performing any of the duties of office, has the power to require any person to testify under oath as to any matter which is a proper subject of inquiry by the comptroller of the treasury. The comptroller of the treasury is authorized to administer all necessary oaths. Acts 1963, ch. 128, § 1; T.C.A. (orig. ed.), § 8-416; T.C.A., § 8-412.
The comptroller of the treasury, in performing any of the duties of office, has the power to require any person to testify under oath as to any matter which is a proper subject of inquiry by the comptroller of the treasury. The comptroller of the treasury is authorized to administer all necessary oaths.
Acts 1963, ch. 128, § 1; T.C.A. (orig. ed.), § 8-416; T.C.A., § 8-412.
Tenn. Code Ann. § 8-38-125 — TN Code / Title 8 / Chapter 38 / Section 8-38-125
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 170, s 16, eff. 4/16/2013. Acts 1980, ch. 774, §§ 3, 4; Acts 1981, ch. 360, § 1.
Repealed by 2013 Tenn. Acts, ch. 170, s 16, eff. 4/16/2013.
Acts 1980, ch. 774, §§ 3, 4; Acts 1981, ch. 360, § 1.
Tenn. Code Ann. § 8-37-109 — TN Code / Title 8 / Chapter 37 / Section 8-37-109
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 805, s 2, eff. 4/24/2018. Amended by 2014 Tenn. Acts, ch. 659, Secs.s 38, s 39 eff. 4/10/2014. Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(3); Acts 1981, ch. 387, § 17; 2007 , ch. 184, § 17.
Repealed by 2018 Tenn. Acts, ch. 805, s 2, eff. 4/24/2018.
Amended by 2014 Tenn. Acts, ch. 659, Secs.s 38, s 39 eff. 4/10/2014.
Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(3); Acts 1981, ch. 387, § 17; 2007 , ch. 184, § 17.
Tenn. Code Ann. § 8-36-602 — TN Code / Title 8 / Chapter 36 / Section 8-36-602
Effective date of election
Status: in_force

The election of an option shall become effective on the member's effective date of retirement in accordance with § 8-36-203 or § 8-36-303 ; provided, that written application is filed with the board of trustees and the member is eligible for service or early service retirement. Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(b); Acts 1981, ch. 387, § 11.
The election of an option shall become effective on the member's effective date of retirement in accordance with § 8-36-203 or § 8-36-303 ; provided, that written application is filed with the board of trustees and the member is eligible for service or early service retirement.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(b); Acts 1981, ch. 387, § 11.
Tenn. Code Ann. § 8-38-103 — TN Code / Title 8 / Chapter 38 / Section 8-38-103
Agreement with federal administrator
Status: in_force

(a) The state agency, with the approval of the governor, is hereby authorized to enter on behalf of the state into an agreement with the commissioner of social security, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal old-age and survivors insurance system to employees of the state or any political subdivision thereof with respect to services specified in such act which constitute "employment" as defined in § 8-38-101 . (b) Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, and modification of the agreement, administration, and other appropriate provisions as the state agency and commissioner of social security shall agree upon, but, except as may be otherwise required by or under the Social Security Act ( 42 U.S.C. § 301 et seq.), as to the services to be covered, such agreement shall provide in effect that: (1) Benefits will be provided for employees whose services are covered by the agreement, and their dependents and survivors, on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act ( 42 U.S.C. § 401 et seq.); (2) The employer will pay to the internal revenue service, at such time or times as may be prescribed under the Social Security Act contributions with respect to wages, as defined in § 8-38-101 , equal to the sum of the taxes which would be imposed by §§ 3101 and 3111 of the Federal Insurance Contributions Act ( 26 U.S.C. §§ 3101 and 3111 ), if the services covered by the agreement constituted employment within the meaning of that act; (3) Such agreement or modification of an agreement shall be effective, with respect to services in the employment covered by the agreement or modification thereof, as of the beginning date within the limits provided by paragraph 218(e)(1) of the Social Security Act ( 42 U.S.C. § 418(e)(1) ); (4) All services which constitute employment as defined in § 8-38-101 and are performed in the employ of the state by employees of the state shall be covered by the agreement; and (5) All services which: (A) Constitute employment as defined in § 8-38-101 ; (B) Are performed in the employ of a political subdivision of the state; and (C) Are covered by a plan which is in conformity with the terms of the agreement and which has been approved by the state agency under §§ 8-38-101 - 8-38-110; shall be covered by the agreement. Amended by 2013 Tenn. Acts, ch. 170, s 2, eff. 4/16/2013. Acts 1951, ch. 90, § 3 (Williams, § 1034.66); 1953, ch. 236, § 2; 1957, ch. 88, § 3; 1959, ch. 142, § 1; 1961, ch. 81, § 1; T.C.A. (orig. ed.), § 8-3803; Acts 1981, ch. 20, § 1; 1985, ch. 66, §4; 1996, ch. 616, § 3.
(a) The state agency, with the approval of the governor, is hereby authorized to enter on behalf of the state into an agreement with the commissioner of social security, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal old-age and survivors insurance system to employees of the state or any political subdivision thereof with respect to services specified in such act which constitute "employment" as defined in § 8-38-101 .
(b) Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, and modification of the agreement, administration, and other appropriate provisions as the state agency and commissioner of social security shall agree upon, but, except as may be otherwise required by or under the Social Security Act ( 42 U.S.C. § 301 et seq.), as to the services to be covered, such agreement shall provide in effect that: (1) Benefits will be provided for employees whose services are covered by the agreement, and their dependents and survivors, on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act ( 42 U.S.C. § 401 et seq.); (2) The employer will pay to the internal revenue service, at such time or times as may be prescribed under the Social Security Act contributions with respect to wages, as defined in § 8-38-101 , equal to the sum of the taxes which would be imposed by §§ 3101 and 3111 of the Federal Insurance Contributions Act ( 26 U.S.C. §§ 3101 and 3111 ), if the services covered by the agreement constituted employment within the meaning of that act; (3) Such agreement or modification of an agreement shall be effective, with respect to services in the employment covered by the agreement or modification thereof, as of the beginning date within the limits provided by paragraph 218(e)(1) of the Social Security Act ( 42 U.S.C. § 418(e)(1) ); (4) All services which constitute employment as defined in § 8-38-101 and are performed in the employ of the state by employees of the state shall be covered by the agreement; and (5) All services which: (A) Constitute employment as defined in § 8-38-101 ; (B) Are performed in the employ of a political subdivision of the state; and (C) Are covered by a plan which is in conformity with the terms of the agreement and which has been approved by the state agency under §§ 8-38-101 - 8-38-110; shall be covered by the agreement.
(1) Benefits will be provided for employees whose services are covered by the agreement, and their dependents and survivors, on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act ( 42 U.S.C. § 401 et seq.);
(2) The employer will pay to the internal revenue service, at such time or times as may be prescribed under the Social Security Act contributions with respect to wages, as defined in § 8-38-101 , equal to the sum of the taxes which would be imposed by §§ 3101 and 3111 of the Federal Insurance Contributions Act ( 26 U.S.C. §§ 3101 and 3111 ), if the services covered by the agreement constituted employment within the meaning of that act;
(3) Such agreement or modification of an agreement shall be effective, with respect to services in the employment covered by the agreement or modification thereof, as of the beginning date within the limits provided by paragraph 218(e)(1) of the Social Security Act ( 42 U.S.C. § 418(e)(1) );
(4) All services which constitute employment as defined in § 8-38-101 and are performed in the employ of the state by employees of the state shall be covered by the agreement; and
(5) All services which: (A) Constitute employment as defined in § 8-38-101 ; (B) Are performed in the employ of a political subdivision of the state; and (C) Are covered by a plan which is in conformity with the terms of the agreement and which has been approved by the state agency under §§ 8-38-101 - 8-38-110; shall be covered by the agreement.
(A) Constitute employment as defined in § 8-38-101 ;
(B) Are performed in the employ of a political subdivision of the state; and
(C) Are covered by a plan which is in conformity with the terms of the agreement and which has been approved by the state agency under §§ 8-38-101 - 8-38-110; shall be covered by the agreement.
shall be covered by the agreement.
Amended by 2013 Tenn. Acts, ch. 170, s 2, eff. 4/16/2013.
Acts 1951, ch. 90, § 3 (Williams, § 1034.66); 1953, ch. 236, § 2; 1957, ch. 88, § 3; 1959, ch. 142, § 1; 1961, ch. 81, § 1; T.C.A. (orig. ed.), § 8-3803; Acts 1981, ch. 20, § 1; 1985, ch. 66, §4; 1996, ch. 616, § 3.
Tenn. Code Ann. § 8-7-106 — TN Code / Title 8 / Chapter 7 / Section 8-7-106
District attorney general pro tem - Attorney acting for district attorney general
Status: in_force

(a) (1) If the district attorney general fails to attend the circuit or criminal court, or is disqualified from acting, or if there is a vacancy in the office, the court shall appoint some other attorney to supply such district attorney general's place temporarily. The acts of such district attorney general pro tem shall be as valid as if done by the regular officer, and the district attorney general pro tem shall be entitled to the same privileges and emoluments. (2) If a district attorney general peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances, then the attorney general and reporter may petition the supreme court for appointment of a district attorney general pro tem. If the supreme court finds that the district attorney general has refused to attend and prosecute according to law, then the supreme court shall appoint some other attorney as district attorney general pro tem in the district attorney general's place for the sole purpose of prosecuting persons accused of committing that offense. The acts of such district attorney general pro tem are valid as if done by the regular officer, and the district attorney general pro tem is entitled to the same privileges and emoluments. (b) Notwithstanding subsection (a), the district attorney general may: (1) Upon the consent of the district attorney general of any other judicial district, specially appoint another district attorney general, or an assistant to that district attorney general, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; (2) Upon the consent of the executive director of the district attorneys general conference, specially appoint the executive director or an assistant to the executive director to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; (3) Upon the consent of the chief executive officer of any governmental agency, appoint a licensed attorney employed by that agency to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; (4) Upon the consent of the attorney general and reporter, specially appoint the attorney general and reporter, or an assistant to the attorney general and reporter, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; provided, that no prosecution for an offense against the person as set forth in title 39, chapter 13 may be undertaken by the attorney general and reporter unless such prosecution arises out of, is related to, or affects an investigation, prosecution, or other proceeding which the attorney general and reporter is otherwise authorized to conduct, by cross-designation or otherwise; and (5) Upon the written request of the attorney general and reporter, personally or through one (1) of the attorney general and reporter's assistant attorneys general, participate in the trial and direction of a specific proceeding, criminal or civil, which the attorney general and reporter is authorized by law to conduct. (c) The acts of an attorney acting for the district attorney general or the attorney general and reporter pursuant to subsection (b) shall be valid as if done by the regular officer, and there shall be no requirement that the regular officer be disqualified from acting or that there be a vacancy in the office. Nor shall the regular officer be compelled to attend court proceedings in the matters in which an attorney is acting for the regular officer pursuant to subsection (b); provided, that the regular officer may be in attendance, and participate, if such a regular officer so desires. (d) Subsections (b) and (c) are not intended to abolish any authority now held by the district attorneys general, and shall not be deemed to repeal by implication any existing law. Amended by 2021EX3 Tenn. Acts, ch. 5, s 1, eff. 11/12/2021. Code 1858, §§ 3962, 3963 (deriv. Acts 1835-1836, ch. 28, § 2); Shan., §§ 5769, 5770; mod. Code 1932, §§ 9967, 9968; T.C.A. (orig. ed.), § 8-706; Acts 1991, ch. 342, §§ 1, 2; 1993, ch. 292, § 1; 1996, ch. 996, § 2.
(a) (1) If the district attorney general fails to attend the circuit or criminal court, or is disqualified from acting, or if there is a vacancy in the office, the court shall appoint some other attorney to supply such district attorney general's place temporarily. The acts of such district attorney general pro tem shall be as valid as if done by the regular officer, and the district attorney general pro tem shall be entitled to the same privileges and emoluments. (2) If a district attorney general peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances, then the attorney general and reporter may petition the supreme court for appointment of a district attorney general pro tem. If the supreme court finds that the district attorney general has refused to attend and prosecute according to law, then the supreme court shall appoint some other attorney as district attorney general pro tem in the district attorney general's place for the sole purpose of prosecuting persons accused of committing that offense. The acts of such district attorney general pro tem are valid as if done by the regular officer, and the district attorney general pro tem is entitled to the same privileges and emoluments.
(1) If the district attorney general fails to attend the circuit or criminal court, or is disqualified from acting, or if there is a vacancy in the office, the court shall appoint some other attorney to supply such district attorney general's place temporarily. The acts of such district attorney general pro tem shall be as valid as if done by the regular officer, and the district attorney general pro tem shall be entitled to the same privileges and emoluments.
(2) If a district attorney general peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances, then the attorney general and reporter may petition the supreme court for appointment of a district attorney general pro tem. If the supreme court finds that the district attorney general has refused to attend and prosecute according to law, then the supreme court shall appoint some other attorney as district attorney general pro tem in the district attorney general's place for the sole purpose of prosecuting persons accused of committing that offense. The acts of such district attorney general pro tem are valid as if done by the regular officer, and the district attorney general pro tem is entitled to the same privileges and emoluments.
(b) Notwithstanding subsection (a), the district attorney general may: (1) Upon the consent of the district attorney general of any other judicial district, specially appoint another district attorney general, or an assistant to that district attorney general, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; (2) Upon the consent of the executive director of the district attorneys general conference, specially appoint the executive director or an assistant to the executive director to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; (3) Upon the consent of the chief executive officer of any governmental agency, appoint a licensed attorney employed by that agency to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; (4) Upon the consent of the attorney general and reporter, specially appoint the attorney general and reporter, or an assistant to the attorney general and reporter, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; provided, that no prosecution for an offense against the person as set forth in title 39, chapter 13 may be undertaken by the attorney general and reporter unless such prosecution arises out of, is related to, or affects an investigation, prosecution, or other proceeding which the attorney general and reporter is otherwise authorized to conduct, by cross-designation or otherwise; and (5) Upon the written request of the attorney general and reporter, personally or through one (1) of the attorney general and reporter's assistant attorneys general, participate in the trial and direction of a specific proceeding, criminal or civil, which the attorney general and reporter is authorized by law to conduct.
(1) Upon the consent of the district attorney general of any other judicial district, specially appoint another district attorney general, or an assistant to that district attorney general, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
(2) Upon the consent of the executive director of the district attorneys general conference, specially appoint the executive director or an assistant to the executive director to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
(3) Upon the consent of the chief executive officer of any governmental agency, appoint a licensed attorney employed by that agency to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district;
(4) Upon the consent of the attorney general and reporter, specially appoint the attorney general and reporter, or an assistant to the attorney general and reporter, to conduct specific criminal proceedings, including grand jury proceedings, which the district attorney general is authorized by law to conduct in that district; provided, that no prosecution for an offense against the person as set forth in title 39, chapter 13 may be undertaken by the attorney general and reporter unless such prosecution arises out of, is related to, or affects an investigation, prosecution, or other proceeding which the attorney general and reporter is otherwise authorized to conduct, by cross-designation or otherwise; and
(5) Upon the written request of the attorney general and reporter, personally or through one (1) of the attorney general and reporter's assistant attorneys general, participate in the trial and direction of a specific proceeding, criminal or civil, which the attorney general and reporter is authorized by law to conduct.
(c) The acts of an attorney acting for the district attorney general or the attorney general and reporter pursuant to subsection (b) shall be valid as if done by the regular officer, and there shall be no requirement that the regular officer be disqualified from acting or that there be a vacancy in the office. Nor shall the regular officer be compelled to attend court proceedings in the matters in which an attorney is acting for the regular officer pursuant to subsection (b); provided, that the regular officer may be in attendance, and participate, if such a regular officer so desires.
(d) Subsections (b) and (c) are not intended to abolish any authority now held by the district attorneys general, and shall not be deemed to repeal by implication any existing law.
Amended by 2021EX3 Tenn. Acts, ch. 5, s 1, eff. 11/12/2021.
Code 1858, §§ 3962, 3963 (deriv. Acts 1835-1836, ch. 28, § 2); Shan., §§ 5769, 5770; mod. Code 1932, §§ 9967, 9968; T.C.A. (orig. ed.), § 8-706; Acts 1991, ch. 342, §§ 1, 2; 1993, ch. 292, § 1; 1996, ch. 996, § 2.
Tenn. Code Ann. § 8-34-601 — TN Code / Title 8 / Chapter 34 / Section 8-34-601
Credit for service in system - Establishment of previously denied credit for service beyond certain ages
Status: in_force

(a) Each member shall receive membership service credit for all service rendered since becoming a member of the retirement system, or since such member last became a member in the event of a break in such member's membership, on account of which contributions are made by the member or the member's employer pursuant to § 8-34-206 . (b) (1) Any member who remains in service upon attaining seventy (70) years of age shall continue to participate in the retirement system and to accrue creditable service. The state's share of any additional costs of this subdivision (b)(1) shall be funded in accordance with [former] § 9-6-303, from the increase in state-imposed taxes which are earmarked to counties and which are not designated by such counties for a particular purpose. (2) Any general employee of the state or any teacher who was previously denied membership in the system due to advanced age, and who is now permitted to participate, may establish the service credit that was previously denied by paying the contributions such person would have paid if such person had been a member, plus interest at the rate provided for in § 8-37-214 . (c) (1) Any Group 1, Group 3 or Group 4 state judge who remains in service upon attaining seventy (70) years of age may continue to participate in the retirement system and to accrue creditable service. (2) Any Group 1, Group 3 or Group 4 state judge who is presently serving and who has previously been denied retirement credit for service beyond seventy (70) years of age shall be entitled to establish retirement credit for service beyond seventy (70) years of age by making a lump sum payment of contributions such judge would have made, plus interest at the rate provided in § 8-37-214 . Acts 1972, ch. 814, § 4; T.C.A., § 8-3904; Acts 1980, ch. 654, § 5; 1981, ch. 508, § 2; 1985, ch. 449, § 4; 1986, ch. 554, §§ 1, 2; 1987, ch. 54, § 1; 1988, ch. 973, § 2.
(a) Each member shall receive membership service credit for all service rendered since becoming a member of the retirement system, or since such member last became a member in the event of a break in such member's membership, on account of which contributions are made by the member or the member's employer pursuant to § 8-34-206 .
(b) (1) Any member who remains in service upon attaining seventy (70) years of age shall continue to participate in the retirement system and to accrue creditable service. The state's share of any additional costs of this subdivision (b)(1) shall be funded in accordance with [former] § 9-6-303, from the increase in state-imposed taxes which are earmarked to counties and which are not designated by such counties for a particular purpose. (2) Any general employee of the state or any teacher who was previously denied membership in the system due to advanced age, and who is now permitted to participate, may establish the service credit that was previously denied by paying the contributions such person would have paid if such person had been a member, plus interest at the rate provided for in § 8-37-214 .
(1) Any member who remains in service upon attaining seventy (70) years of age shall continue to participate in the retirement system and to accrue creditable service. The state's share of any additional costs of this subdivision (b)(1) shall be funded in accordance with [former] § 9-6-303, from the increase in state-imposed taxes which are earmarked to counties and which are not designated by such counties for a particular purpose.
(2) Any general employee of the state or any teacher who was previously denied membership in the system due to advanced age, and who is now permitted to participate, may establish the service credit that was previously denied by paying the contributions such person would have paid if such person had been a member, plus interest at the rate provided for in § 8-37-214 .
(c) (1) Any Group 1, Group 3 or Group 4 state judge who remains in service upon attaining seventy (70) years of age may continue to participate in the retirement system and to accrue creditable service. (2) Any Group 1, Group 3 or Group 4 state judge who is presently serving and who has previously been denied retirement credit for service beyond seventy (70) years of age shall be entitled to establish retirement credit for service beyond seventy (70) years of age by making a lump sum payment of contributions such judge would have made, plus interest at the rate provided in § 8-37-214 .
(1) Any Group 1, Group 3 or Group 4 state judge who remains in service upon attaining seventy (70) years of age may continue to participate in the retirement system and to accrue creditable service.
(2) Any Group 1, Group 3 or Group 4 state judge who is presently serving and who has previously been denied retirement credit for service beyond seventy (70) years of age shall be entitled to establish retirement credit for service beyond seventy (70) years of age by making a lump sum payment of contributions such judge would have made, plus interest at the rate provided in § 8-37-214 .
Acts 1972, ch. 814, § 4; T.C.A., § 8-3904; Acts 1980, ch. 654, § 5; 1981, ch. 508, § 2; 1985, ch. 449, § 4; 1986, ch. 554, §§ 1, 2; 1987, ch. 54, § 1; 1988, ch. 973, § 2.
Tenn. Code Ann. § 8-25-211 — TN Code / Title 8 / Chapter 25 / Section 8-25-211
Cash withdrawal from program - Effect of cash withdrawal
Status: in_force

Upon retiring or otherwise terminating employment, an employee participating in an optional retirement program may elect to receive a cash withdrawal of such employee's accumulated account or accounts if permitted by the relevant optional retirement product and the Internal Revenue Code, as amended, and all rules, regulations, notices, and interpretations released by the United States treasury, including the internal revenue service. Any employee who receives a cash withdrawal pursuant to this section shall not be entitled to reestablish the withdrawn amount or any period of service represented by that amount in either the optional retirement program, the retirement system, or any other Tennessee state retirement program. Amended by 2018 Tenn. Acts, ch. 576,s 13, eff. 3/16/2018. Acts 2015, ch. 118, § 1.
Upon retiring or otherwise terminating employment, an employee participating in an optional retirement program may elect to receive a cash withdrawal of such employee's accumulated account or accounts if permitted by the relevant optional retirement product and the Internal Revenue Code, as amended, and all rules, regulations, notices, and interpretations released by the United States treasury, including the internal revenue service. Any employee who receives a cash withdrawal pursuant to this section shall not be entitled to reestablish the withdrawn amount or any period of service represented by that amount in either the optional retirement program, the retirement system, or any other Tennessee state retirement program.
Amended by 2018 Tenn. Acts, ch. 576,s 13, eff. 3/16/2018.
Acts 2015, ch. 118, § 1.
Tenn. Code Ann. § 8-50-602 — TN Code / Title 8 / Chapter 50 / Section 8-50-602
Public employee's communication with elected public officials
Status: in_force

(a) No public employee shall be prohibited from communicating with an elected public official for any job-related purpose whatsoever. (b) For purposes of this part, "public employee" means any person providing services for the state of Tennessee, state agencies, counties, municipalities, or subdivisions of such governmental bodies in Tennessee for which compensation is paid. Acts 1980, ch. 806, § 1.
(a) No public employee shall be prohibited from communicating with an elected public official for any job-related purpose whatsoever.
(b) For purposes of this part, "public employee" means any person providing services for the state of Tennessee, state agencies, counties, municipalities, or subdivisions of such governmental bodies in Tennessee for which compensation is paid.
Acts 1980, ch. 806, § 1.
Tenn. Code Ann. § 8-39-102 — TN Code / Title 8 / Chapter 39 / Section 8-39-102
Eligibility of teachers - Amount of allowances
Status: in_force

(a) All teachers who have taught in the public schools of Tennessee for a period of not less than eight (8) years, and who have reached sixty-five (65) years of age, or are disabled to perform productive work as determined by the standards currently applicable to the members of the former Tennessee teachers' retirement system seeking disability benefits, and who are not otherwise covered by any other teachers' retirement act now in effect in this state, shall be entitled to a monthly retirement allowance equal to the product of six dollars and fifty cents ($6.50) for teachers with less than ten (10) years of service and eight dollars ($8.00) for teachers with ten (10) or more years of service, multiplied by the number of years of teaching experience. (b) The maximum sum payable hereunder shall be the sum of two hundred forty dollars ($240) per month regardless of the number of years taught. (c) Any former teachers retiring under this part shall be entitled to any increase in benefit as provided for in § 8-36-701 as though they were retired members of the Tennessee consolidated retirement system. (d) Notwithstanding any other provisions to the contrary, one who taught a minimum of eight (8) years in this state, part of which was prior to the establishment of the Tennessee teachers' retirement system, shall be eligible to receive retirement benefits based upon years taught prior to the establishment of the Tennessee teachers' retirement system; provided, that the years have been or are eligible to be established in the Tennessee consolidated retirement system. Acts 1949, ch. 220, § 1; C. Supp. 1950, § 2540.15 (Williams, § 2524.16); modified; Acts 1961, ch. 75, § 1; 1963, ch. 378, § 1; 1965, ch. 166, § 1; 1969, ch. 153, § 1; 1972, ch. 460, §§ 1, 2; Acts 1972, ch. 671, § 1; 1973, ch. 315, § 1; 1974, ch. 714, §§ 1-3; 1976, ch. 840, § 1; T.C.A., § 49-1311(a); Acts 1984, ch. 745, §§ 2, 3.
(a) All teachers who have taught in the public schools of Tennessee for a period of not less than eight (8) years, and who have reached sixty-five (65) years of age, or are disabled to perform productive work as determined by the standards currently applicable to the members of the former Tennessee teachers' retirement system seeking disability benefits, and who are not otherwise covered by any other teachers' retirement act now in effect in this state, shall be entitled to a monthly retirement allowance equal to the product of six dollars and fifty cents ($6.50) for teachers with less than ten (10) years of service and eight dollars ($8.00) for teachers with ten (10) or more years of service, multiplied by the number of years of teaching experience.
(b) The maximum sum payable hereunder shall be the sum of two hundred forty dollars ($240) per month regardless of the number of years taught.
(c) Any former teachers retiring under this part shall be entitled to any increase in benefit as provided for in § 8-36-701 as though they were retired members of the Tennessee consolidated retirement system.
(d) Notwithstanding any other provisions to the contrary, one who taught a minimum of eight (8) years in this state, part of which was prior to the establishment of the Tennessee teachers' retirement system, shall be eligible to receive retirement benefits based upon years taught prior to the establishment of the Tennessee teachers' retirement system; provided, that the years have been or are eligible to be established in the Tennessee consolidated retirement system.
Acts 1949, ch. 220, § 1; C. Supp. 1950, § 2540.15 (Williams, § 2524.16); modified; Acts 1961, ch. 75, § 1; 1963, ch. 378, § 1; 1965, ch. 166, § 1; 1969, ch. 153, § 1; 1972, ch. 460, §§ 1, 2; Acts 1972, ch. 671, § 1; 1973, ch. 315, § 1; 1974, ch. 714, §§ 1-3; 1976, ch. 840, § 1; T.C.A., § 49-1311(a); Acts 1984, ch. 745, §§ 2, 3.
Tenn. Code Ann. § 8-14-205 — TN Code / Title 8 / Chapter 14 / Section 8-14-205
Duty to attend meetings
Status: in_force

It is the official duty of each member of the conference to attend its meetings unless otherwise officially engaged, or for other good and sufficient reasons. Acts 1989, ch. 588, § 15.
It is the official duty of each member of the conference to attend its meetings unless otherwise officially engaged, or for other good and sufficient reasons.
Acts 1989, ch. 588, § 15.
Tenn. Code Ann. § 8-37-502 — TN Code / Title 8 / Chapter 37 / Section 8-37-502
Reports and payments
Status: in_force

(a) Monthly Report of Salaries and Contributions. For the purpose of ascertaining the amount of contributions payable under this chapter and chapters 34-36 of this title, it shall be the duty of the employer on or before the tenth day of each month to transmit to the state treasurer, in the manner prescribed by the state treasurer, the gross salary and amount of contributions deducted, if any, from the compensation of employees and contributions of the employer payable under this chapter and chapters 34-36 of this title during the preceding calendar month. The board of trustees is authorized to promulgate substantive and procedural rules requiring that all or a portion of the information described in § 8-35-105(a) is provided in such manner. (b) At the time of transmitting the information required pursuant to subsection (a), the employer shall remit to the state treasurer therewith the amount of contributions due under this chapter and chapters 34-36 of this title; provided, however, that employers shall remit payments due to the stabilization reserve trust account within five (5) business days after receipt of an invoice from the retirement system. Failure to so remit such contributions or failure to remit such payments due to the stabilization reserve trust account shall cause them to become delinquent and liabilities to the employer. Amended by 2019 Tenn. Acts, ch. 381, s 4, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 421, s 13, eff. 5/8/2015. Acts 1974, ch. 788, § 10; T.C.A., § 8-3930(3); Acts 1981, ch. 508, § 14; 1984, ch. 601, § 14; 1990, ch. 1027, § 9; 2003 , ch. 12, § 8.
(a) Monthly Report of Salaries and Contributions. For the purpose of ascertaining the amount of contributions payable under this chapter and chapters 34-36 of this title, it shall be the duty of the employer on or before the tenth day of each month to transmit to the state treasurer, in the manner prescribed by the state treasurer, the gross salary and amount of contributions deducted, if any, from the compensation of employees and contributions of the employer payable under this chapter and chapters 34-36 of this title during the preceding calendar month. The board of trustees is authorized to promulgate substantive and procedural rules requiring that all or a portion of the information described in § 8-35-105(a) is provided in such manner.
(b) At the time of transmitting the information required pursuant to subsection (a), the employer shall remit to the state treasurer therewith the amount of contributions due under this chapter and chapters 34-36 of this title; provided, however, that employers shall remit payments due to the stabilization reserve trust account within five (5) business days after receipt of an invoice from the retirement system. Failure to so remit such contributions or failure to remit such payments due to the stabilization reserve trust account shall cause them to become delinquent and liabilities to the employer.
Amended by 2019 Tenn. Acts, ch. 381, s 4, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 421, s 13, eff. 5/8/2015.
Acts 1974, ch. 788, § 10; T.C.A., § 8-3930(3); Acts 1981, ch. 508, § 14; 1984, ch. 601, § 14; 1990, ch. 1027, § 9; 2003 , ch. 12, § 8.
Tenn. Code Ann. § 8-21-201 — TN Code / Title 8 / Chapter 21 / Section 8-21-201
Secretary of state - Specific fees authorized
Status: in_force

The secretary of state is entitled to demand and receive, as above, and shall charge for the following services the fees annexed, among others, to be collected and paid into the state treasury: (1) For all copies, transcripts, or records made, for every one hundred (100) words .................... $ 0.10 (2) For commission of each notary public .................... $ 5.00 (3) For commission of each commissioner of deeds .................... $10.00 (4) For commission of each appointee of the governor .................... $ 5.00 (5) For attaching the great seal to any document, except those herein named and pardons .................... $ 2.00 (6) For each certificate, without seal of state .................... $ 0.25 (7) For each charter or certificate of a municipal corporation .................... $50.00 (8) For each copy of plats from the maps in the secretary of state's office .................... $ 0.50 (9) For services as to charters of incorporation of sanitary districts .................... $ 2.00 (10) For filing and recording trademark .................... $ 5.00 (11) For license of child care agency .................... $ 1.00 (12) For filing certificate of recommendation of child care agency .................... $ 1.00 (13) For annual license to lying-in or maternity home .................... $ 1.00 (14) For copies of executive acts, legislative proceedings, and public or private laws in the state library, ten cents (10¢) for every one hundred (100) words, and twenty-five cents (25¢) for the certificate. Code 1858, §§ 3806, 4529 (deriv. Acts 1849-1850, ch. 190); Acts 1859-1860, ch. 77, § 2; 1875, ch. 142, § 4; 1893, ch. 6, § 1; 1899, ch. 2, §§ 1, 2; 1899, ch. 323, § 1; 1901, ch. 64, § 1; 1905, ch. 21, § 4; 1917, ch. 20, §§ 3, 4; Shan., § 6367; mod. Code 1932, § 10672; Acts 1951, ch. 203, § 1; 1968, ch. 523, § 1 (17.02); T.C.A. (orig. ed.), § 8-2106; Acts 2004, ch. 854, § 19.
The secretary of state is entitled to demand and receive, as above, and shall charge for the following services the fees annexed, among others, to be collected and paid into the state treasury:
(1) For all copies, transcripts, or records made, for every one hundred (100) words .................... $ 0.10
(2) For commission of each notary public .................... $ 5.00
(3) For commission of each commissioner of deeds .................... $10.00
(4) For commission of each appointee of the governor .................... $ 5.00
(5) For attaching the great seal to any document, except those herein named and pardons .................... $ 2.00
(6) For each certificate, without seal of state .................... $ 0.25
(7) For each charter or certificate of a municipal corporation .................... $50.00
(8) For each copy of plats from the maps in the secretary of state's office .................... $ 0.50
(9) For services as to charters of incorporation of sanitary districts .................... $ 2.00
(10) For filing and recording trademark .................... $ 5.00
(11) For license of child care agency .................... $ 1.00
(12) For filing certificate of recommendation of child care agency .................... $ 1.00
(13) For annual license to lying-in or maternity home .................... $ 1.00
(14) For copies of executive acts, legislative proceedings, and public or private laws in the state library, ten cents (10¢) for every one hundred (100) words, and twenty-five cents (25¢) for the certificate.
Code 1858, §§ 3806, 4529 (deriv. Acts 1849-1850, ch. 190); Acts 1859-1860, ch. 77, § 2; 1875, ch. 142, § 4; 1893, ch. 6, § 1; 1899, ch. 2, §§ 1, 2; 1899, ch. 323, § 1; 1901, ch. 64, § 1; 1905, ch. 21, § 4; 1917, ch. 20, §§ 3, 4; Shan., § 6367; mod. Code 1932, § 10672; Acts 1951, ch. 203, § 1; 1968, ch. 523, § 1 (17.02); T.C.A. (orig. ed.), § 8-2106; Acts 2004, ch. 854, § 19.
Tenn. Code Ann. § 8-34-707 — TN Code / Title 8 / Chapter 34 / Section 8-34-707
Disability retirement under superseded systems
Status: in_force

Notwithstanding any other law to the contrary, any prior class member of a superseded system who meets the applicable service requirements for an ordinary or an accidental disability retirement in such member's superseded retirement system shall not be retired on disability, unless the member is disabled from gainful employment in accordance with chapter 36, part 5 of this title. These members shall continue to be covered by the applicable benefit provisions of their superseded systems. Acts 1978, ch. 741, § 20; T.C.A., § 8-3935(7).
Notwithstanding any other law to the contrary, any prior class member of a superseded system who meets the applicable service requirements for an ordinary or an accidental disability retirement in such member's superseded retirement system shall not be retired on disability, unless the member is disabled from gainful employment in accordance with chapter 36, part 5 of this title. These members shall continue to be covered by the applicable benefit provisions of their superseded systems.
Acts 1978, ch. 741, § 20; T.C.A., § 8-3935(7).
Tenn. Code Ann. § 8-35-243 — TN Code / Title 8 / Chapter 35 / Section 8-35-243
Participation by solid waste authority
Status: in_force

(a) Notwithstanding anything in § 8-35-201 to the contrary, a solid waste authority created by two (2) or more counties or municipalities pursuant to title 68, chapter 211, part 9, may request approval of the board of trustees to become a participating employer in the Tennessee consolidated retirement system upon satisfying the following conditions: (1) The board of directors of the authority passes a resolution authorizing an actuarial study to determine the liability associated with such participation, and accepting responsibility for the costs of such study; and (2) Following receipt of the actuarial study, the board of directors of the authority passes a resolution authorizing such participation and accepting the liability therefor. (b) The employees of the authority shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of other local governments participating in the retirement system under this part. (c) The employees shall be entitled to credit for prior service as approved by the board of directors of the authority under the same provisions which apply to employees of other local governments. (d) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of employees of the authority or their beneficiaries, for which reserves have not been previously created from funds contributed by the authority and/or its employees. (e) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the authority. (f) If an authority is admitted and participates in the retirement system pursuant to § 8-35-201(d) , any county or municipality becoming a member of the authority by agreement after its coverage in the retirement system shall, as a condition of such agreement, be deemed to have accepted its share of the liability incurred by the authority's participation. (g) The board of directors of any authority admitted in the retirement system pursuant to § 8-35-201(d) prior to March 25, 1993, may authorize the optional provisions of the retirement plan; provided, that the liability incurred by such optional provisions shall be payable only from funds or money of the authority available therefor. (h) In case of the withdrawal of an authority as a participating employer, the benefits of the members and beneficiaries shall be determined in accordance with § 8-35-211 . Acts 1993, ch. 67, § 11.
(a) Notwithstanding anything in § 8-35-201 to the contrary, a solid waste authority created by two (2) or more counties or municipalities pursuant to title 68, chapter 211, part 9, may request approval of the board of trustees to become a participating employer in the Tennessee consolidated retirement system upon satisfying the following conditions: (1) The board of directors of the authority passes a resolution authorizing an actuarial study to determine the liability associated with such participation, and accepting responsibility for the costs of such study; and (2) Following receipt of the actuarial study, the board of directors of the authority passes a resolution authorizing such participation and accepting the liability therefor.
(1) The board of directors of the authority passes a resolution authorizing an actuarial study to determine the liability associated with such participation, and accepting responsibility for the costs of such study; and
(2) Following receipt of the actuarial study, the board of directors of the authority passes a resolution authorizing such participation and accepting the liability therefor.
(b) The employees of the authority shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of other local governments participating in the retirement system under this part.
(c) The employees shall be entitled to credit for prior service as approved by the board of directors of the authority under the same provisions which apply to employees of other local governments.
(d) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of employees of the authority or their beneficiaries, for which reserves have not been previously created from funds contributed by the authority and/or its employees.
(e) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the authority.
(f) If an authority is admitted and participates in the retirement system pursuant to § 8-35-201(d) , any county or municipality becoming a member of the authority by agreement after its coverage in the retirement system shall, as a condition of such agreement, be deemed to have accepted its share of the liability incurred by the authority's participation.
(g) The board of directors of any authority admitted in the retirement system pursuant to § 8-35-201(d) prior to March 25, 1993, may authorize the optional provisions of the retirement plan; provided, that the liability incurred by such optional provisions shall be payable only from funds or money of the authority available therefor.
(h) In case of the withdrawal of an authority as a participating employer, the benefits of the members and beneficiaries shall be determined in accordance with § 8-35-211 .
Acts 1993, ch. 67, § 11.
Tenn. Code Ann. § 8-27-402 — TN Code / Title 8 / Chapter 27 / Section 8-27-402
County budget to cover county's share of premiums
Status: in_force

The budget of any county electing to provide such group insurance shall include an amount sufficient to pay such portion of such insurance premium as approved by the governing body. Acts 1974, ch. 449, § 1; T.C.A., § 8-4130.
The budget of any county electing to provide such group insurance shall include an amount sufficient to pay such portion of such insurance premium as approved by the governing body.
Acts 1974, ch. 449, § 1; T.C.A., § 8-4130.
Tenn. Code Ann. § 8-5-110 — TN Code / Title 8 / Chapter 5 / Section 8-5-110
Custodian of collateral
Status: in_force

(a) The state treasurer is designated as the custodian of all negotiable instruments deposited as collateral with the state or any department thereof, and shall be exclusively responsible for their safekeeping. (b) It is the duty of each department head or other person in the state government, having in possession collateral of the type above mentioned, to turn the same over to the state treasurer and to receive from the state treasurer an itemized receipt therefor. As additional collateral shall come into the hands of the department head or other person, the same procedure shall be followed. (c) Such collateral submitted to the state treasurer in the form of securities shall be fully registered as to principal and interest in such manner as to identify the state and the appropriate agency or department as holder of such collateral and to also identify the individual or concern placing such collateral. (d) The state treasurer shall make an annual report to the department head of collateral held on behalf of such department. (e) The official bond of the state treasurer shall be security for any losses resulting under this section. Acts 1941, ch. 157, § 1; C. Supp. 1950, § 252.1; T.C.A. (orig. ed.), § 8-510; Acts 1980, ch. 447, § 1; 1985, ch. 118, § 1; 1990, ch. 702, § 1; 1997, ch. 217, § 2.
(a) The state treasurer is designated as the custodian of all negotiable instruments deposited as collateral with the state or any department thereof, and shall be exclusively responsible for their safekeeping.
(b) It is the duty of each department head or other person in the state government, having in possession collateral of the type above mentioned, to turn the same over to the state treasurer and to receive from the state treasurer an itemized receipt therefor. As additional collateral shall come into the hands of the department head or other person, the same procedure shall be followed.
(c) Such collateral submitted to the state treasurer in the form of securities shall be fully registered as to principal and interest in such manner as to identify the state and the appropriate agency or department as holder of such collateral and to also identify the individual or concern placing such collateral.
(d) The state treasurer shall make an annual report to the department head of collateral held on behalf of such department.
(e) The official bond of the state treasurer shall be security for any losses resulting under this section.
Acts 1941, ch. 157, § 1; C. Supp. 1950, § 252.1; T.C.A. (orig. ed.), § 8-510; Acts 1980, ch. 447, § 1; 1985, ch. 118, § 1; 1990, ch. 702, § 1; 1997, ch. 217, § 2.
Tenn. Code Ann. § 8-35-241 — TN Code / Title 8 / Chapter 35 / Section 8-35-241
Teachers
Status: in_force

(a) Any member employed as a teacher with a political subdivision on the date the political subdivision began participation in the retirement system shall be entitled to establish retirement credit for such periods of previous service rendered to such political subdivision if the following conditions are met: (1) The chief legislative body of the political subdivision passes a resolution authorizing an actuarial study to determine the liability associated with such prior service, and accepting responsibility for the costs of such study; (2) The member files with the political subdivision, within sixty (60) days of the passage of the resolution authorizing the study, a notice of the member's intention to establish such prior service. Any member who fails to file the notice of election within the sixty-day period shall not later be eligible to establish such prior service; (3) Following receipt of the actuarial study, the chief legislative body by a two-thirds (2/3) vote adopts a resolution authorizing prior service for such members and accepting the liability therefor; provided, that the political subdivision may only authorize credit for such periods of previous service as authorized for other employees of the political subdivision; and (4) A teacher may establish prior service with the board of education under the same terms and conditions which were applicable when the local government authorized participation in the retirement system. (b) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the political subdivision. Acts 1992, ch. 843, § 1.
(a) Any member employed as a teacher with a political subdivision on the date the political subdivision began participation in the retirement system shall be entitled to establish retirement credit for such periods of previous service rendered to such political subdivision if the following conditions are met: (1) The chief legislative body of the political subdivision passes a resolution authorizing an actuarial study to determine the liability associated with such prior service, and accepting responsibility for the costs of such study; (2) The member files with the political subdivision, within sixty (60) days of the passage of the resolution authorizing the study, a notice of the member's intention to establish such prior service. Any member who fails to file the notice of election within the sixty-day period shall not later be eligible to establish such prior service; (3) Following receipt of the actuarial study, the chief legislative body by a two-thirds (2/3) vote adopts a resolution authorizing prior service for such members and accepting the liability therefor; provided, that the political subdivision may only authorize credit for such periods of previous service as authorized for other employees of the political subdivision; and (4) A teacher may establish prior service with the board of education under the same terms and conditions which were applicable when the local government authorized participation in the retirement system.
(1) The chief legislative body of the political subdivision passes a resolution authorizing an actuarial study to determine the liability associated with such prior service, and accepting responsibility for the costs of such study;
(2) The member files with the political subdivision, within sixty (60) days of the passage of the resolution authorizing the study, a notice of the member's intention to establish such prior service. Any member who fails to file the notice of election within the sixty-day period shall not later be eligible to establish such prior service;
(3) Following receipt of the actuarial study, the chief legislative body by a two-thirds (2/3) vote adopts a resolution authorizing prior service for such members and accepting the liability therefor; provided, that the political subdivision may only authorize credit for such periods of previous service as authorized for other employees of the political subdivision; and
(4) A teacher may establish prior service with the board of education under the same terms and conditions which were applicable when the local government authorized participation in the retirement system.
(b) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the political subdivision.
Acts 1992, ch. 843, § 1.
Tenn. Code Ann. § 8-9-102 — TN Code / Title 8 / Chapter 9 / Section 8-9-102
Removal - Vacancies
Status: in_force

The county legislative body has the power to remove the coroner for misconduct or omission of duty, and may also supply any vacancy. Code 1858, § 376 (deriv. Const. 1834, art. 7, § 1); Shan., § 466; Code 1932, § 713; Acts 1979, ch. 146, § 2; T.C.A. (orig. ed.), § 8-902.
The county legislative body has the power to remove the coroner for misconduct or omission of duty, and may also supply any vacancy.
Code 1858, § 376 (deriv. Const. 1834, art. 7, § 1); Shan., § 466; Code 1932, § 713; Acts 1979, ch. 146, § 2; T.C.A. (orig. ed.), § 8-902.
Tenn. Code Ann. § 8-27-906 — TN Code / Title 8 / Chapter 27 / Section 8-27-906
Information to be provided - Notifications - RSRI
Status: in_force

(a) A plan shall list the address or addresses to which all notices required by this section must be sent in the plan document, in the SPD, and in all materials the plan provides to the primary insured regarding benefits under the plan, including information published on the internet or on a sponsor's intranet or electronic portal. The address must be an address that accepts certified mail. (b) At each enrollment renewal period, the plan shall mail to each primary insured, at the primary insured's last address of record provided to the plan, an SPD that provides an RSRI form and details about the current plan benefits. To the extent that the sponsor maintains an intranet or other electronic portal for the benefit of its employees, such information must be readily available on this platform at all times and to all primary insureds and employees who may be eligible to participate in the plan. If the sponsor maintains a platform that satisfies the foregoing, the platform may be used in lieu of the plan mailing each primary insured an SPD; provided, that for each new enrollment period all primary insureds and employees who may be eligible to participate in the plan are required to electronically acknowledge receipt of, and access to, the SPD via the platform. (c) SMMs must be drafted in plain language and be provided to each primary insured under the plan within sixty (60) days after the date of adoption of any material reduction in benefits or material increase in cost to plan participants. An SMM may be provided either by certified mail or via the sponsor's intranet or electronic portal; provided, that the primary insured is required to electronically acknowledge receipt of such SMM via the platform. At a new enrollment period the plan may use an SMM to disclose only the changes to the plan rather than drafting a new SPD; provided, that the plan also provides a copy of the original SPD to which the changes apply, and provided that primary insureds and employees who may be eligible to participate in the plan are required to electronically acknowledge receipt of, and access to, the SMM via the platform. (d) Before the entry of the judgment or settlement in a personal injury case, the plan participant or the plan participant's attorney, or other individual or the individual's attorney, who has an interest in recovery under this part, shall notify the plan by completing the plan's RSRI form or in writing, either of which must be sent by certified mail, with return receipt signature or electronic verification, at the address provided in the SPD or plan document, requesting that the plan determine the amount, if any, of the plan's subrogation or reimbursement interest. Written notice must, at a minimum, provide the plan participant's full name; date of birth; social security number, if known; and the date the plan participant's claim arose. If the plan participant's attorney or representative is on notice that the plan has an interest in the judgment or settlement and fails to provide notice to the plan as required by this section, upon motion by the plan, the plan participant's attorney's interest in any recovery must be reduced by up to fifty percent (50%) with the forfeited amount paid to the plan. If the plan participant is unrepresented and fails to provide notice as required by this section, upon motion by the plan the court shall award to the plan from the plan participant's recovery an amount that, in the court's discretion, reimburses the plan for amounts the plan lost due to the plan participant's failure or refusal to provide the plan with the notice required under this section. Such amount may be up to the full amount of the plan's subrogation or reimbursement interest to the extent that such interest may be satisfied from the recovery proceeds, without reduction and irrespective of the plan participant's claims. (e) Within ninety (90) days of receipt of the notice required by subsection (d), a plan having a subrogation or reimbursement interest shall respond to the individual who provided the notice in writing sent by certified mail, with either return receipt signature or electronic verification, providing the amount of the subrogation or reimbursement interest, or both, a request for additional information or documentation, or notice that additional time is necessary to determine the amount of the plan's subrogation or reimbursement interest, or both. If additional time is necessary, a plan shall provide a response containing the amount of the subrogation or reimbursement interest, or both, within one hundred eighty (180) days of receipt of the notice required by subsection (d), unless treatment of the plan participant, or billing of the plan by medical services providers, is ongoing. If a plan or plan administrator notifies the plan participant or the plan participant's attorney that the plan is unable to provide the amount of its subrogation or reimbursement interest, or both, because treatment or billing is ongoing, the notification is a valid response, and the plan's subrogation or reimbursement interest, or both, is not extinguished. The plan participant or the plan participant's attorney bear the burden of additional requests to the plan to ascertain the amount of the plan's subrogation or reimbursement interest, or both. The plan participant or the plan participant's attorney shall then inform the court regarding the results of the notice, if any, to the plan. If the plan fails to respond within the period specified in this subsection (e), then the plan's subrogation or reimbursement interest, or both, is extinguished and disbursements may be made without recourse upon the plan participant or the plan participant's attorney, or other individual who may have an interest in such disbursements. (f) (1) This section does not preclude the plan from declining to provide its subrogation or reimbursement interest, or both, until the plan receives one (1) or more of the following: (A) The plan participant's affidavit attesting that treatment beyond routine follow-up for injuries sustained in the incident at issue has ceased beyond routine follow-up; (B) The plan participant's attorney's affidavit attesting to the amount of available recovery, including the sources of all such recovery, the amount of interest the attorney is claiming in any recovery, and whether to the best of the attorney's knowledge and belief, the plan participant's medical care for injuries sustained in the incident at issue has ceased beyond routine follow-up; and (C) The plan participant's treating physician's statement indicating the plan participant's date of maximum medical improvement, return to work date, permanent impairment or disability, and anticipated additional treatment beyond routine follow-up. (2) A plan's request for the information listed in subdivision (f)(1) does not extinguish the plan's subrogation or reimbursement interest and is not considered for purposes of calculating the plan's one hundred eighty (180) day response period. (g) If the plan participant or the plan participant's attorney received a timely response from the plan, but the amount of the subrogation or reimbursement interest, or both, remains in dispute, upon motion by the plan, the trial judge shall hold a hearing in accordance with subsection (h). After trial and at the time of the entry of the judgment or settlement in a case in which the plan has a subrogation or reimbursement interest, or both, under this section, it is the responsibility of the trial judge to calculate the amount of the subrogation or reimbursement interest, or both, and incorporate the court's findings concerning such interest in the final judgment or settlement. (h) The trial judge shall base the gross amount of the subrogation or reimbursement interest upon the findings of the verdict at trial concerning medical expenses and evidence introduced after the trial about the total sum of moneys paid by the plan for medical expenses for injuries arising from the incident that is the basis of the action. The trial judge shall reduce the gross amount of the subrogation or reimbursement interest by one (1) or more of the following factors, as applicable: (1) To the extent that the plan participant plaintiff is partially at fault in the incident giving rise to the litigation, the subrogation or reimbursement interest is reduced by the percentage of fault assessed against the plan participant plaintiff; (2) To the extent that the finder of fact allocated fault to a person who was immune from suit, the subrogation or reimbursement interest is reduced by the percentage of fault assessed against the immune person; (3) To the extent that the finder of fact allocates fault to a governmental entity that has its liability limited under state law, and the fault of the entity, when multiplied by the total dollar value of the damages found by the finder of fact, exceeds the amount of judgment that can be awarded against the entity, the subrogation or reimbursement interest is reduced proportionately by a percentage derived by dividing the uncollectable portion of the judgment against the plan by the total damages awarded; or (4) To the extent that the finder of fact allocated fault to a person that the plan participant plaintiff did not sue, the plan's subrogation or reimbursement interest is reduced by the percentage of fault assessed against the nonparty. (i) After the calculations described in subsection (h) are performed, the trial judge shall reduce the subrogation or reimbursement interest pro rata by the amount of reasonable attorneys' fees and litigation costs incurred by the plan participant plaintiff in obtaining the recovery. (j) The amount determined from the calculations required under subsections (h) and (g) is the net subrogation or reimbursement interest. If a plan participant plaintiff or the plan participant's attorney collects the judgment, each has the obligation to promptly remit the net subrogation or reimbursement interest and attorneys' fees and costs to the counsel or other individual specified in the plan document or SPD, as required by the final judgment. If the plan participant plaintiff and the plan participant's attorney collect only a portion of the final judgment, each has the obligation to promptly remit a pro rata share of the net subrogation interest and attorneys' fees and costs to the counsel or other individual specified in the plan document or SPD, as required by the final judgment. If the plan participant plaintiff and the plan participant's attorney later collect additional moneys against the judgment, there is a continuing obligation on both to remit a pro rata share of the moneys collected as required by the final judgment. (k) If a plan participant plaintiff or the plan participant's attorney, or both, fail to timely remit to the counsel or other individual specified in the plan document or SPD the plan's pro rata portion of judgment moneys received, upon motion by the plan, the court may, in its discretion, award to the plan attorney's fees for the cost of the motion, interest on moneys withheld, as well as the amounts withheld, and order those who failed to timely release funds to forfeit to the plan all sums received in payment of the judgment. If the court finds that a motion under this subsection (k) was filed in bad faith, the court may award to the plan participant plaintiff or the plan participant's attorney, or both, attorney's fees for the cost of the motion, and order the plan to forfeit its net subrogation or reimbursement interest. (l) If the case between the plan participant plaintiff and the defendant is settled before trial and the parties and the plan are unable to reach an agreement on the amount of the subrogation or reimbursement interest, then the trial judge shall hold a hearing to determine the gross and net subrogation or reimbursement interests, taking into account the criteria listed in subsection (h) and the likelihood of collecting any judgment against parties determined to be at fault. Expert foundation is not required to prove any claimed damages. An aggrieved party may appeal the court's decision. Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
(a) A plan shall list the address or addresses to which all notices required by this section must be sent in the plan document, in the SPD, and in all materials the plan provides to the primary insured regarding benefits under the plan, including information published on the internet or on a sponsor's intranet or electronic portal. The address must be an address that accepts certified mail.
(b) At each enrollment renewal period, the plan shall mail to each primary insured, at the primary insured's last address of record provided to the plan, an SPD that provides an RSRI form and details about the current plan benefits. To the extent that the sponsor maintains an intranet or other electronic portal for the benefit of its employees, such information must be readily available on this platform at all times and to all primary insureds and employees who may be eligible to participate in the plan. If the sponsor maintains a platform that satisfies the foregoing, the platform may be used in lieu of the plan mailing each primary insured an SPD; provided, that for each new enrollment period all primary insureds and employees who may be eligible to participate in the plan are required to electronically acknowledge receipt of, and access to, the SPD via the platform.
(c) SMMs must be drafted in plain language and be provided to each primary insured under the plan within sixty (60) days after the date of adoption of any material reduction in benefits or material increase in cost to plan participants. An SMM may be provided either by certified mail or via the sponsor's intranet or electronic portal; provided, that the primary insured is required to electronically acknowledge receipt of such SMM via the platform. At a new enrollment period the plan may use an SMM to disclose only the changes to the plan rather than drafting a new SPD; provided, that the plan also provides a copy of the original SPD to which the changes apply, and provided that primary insureds and employees who may be eligible to participate in the plan are required to electronically acknowledge receipt of, and access to, the SMM via the platform.
(d) Before the entry of the judgment or settlement in a personal injury case, the plan participant or the plan participant's attorney, or other individual or the individual's attorney, who has an interest in recovery under this part, shall notify the plan by completing the plan's RSRI form or in writing, either of which must be sent by certified mail, with return receipt signature or electronic verification, at the address provided in the SPD or plan document, requesting that the plan determine the amount, if any, of the plan's subrogation or reimbursement interest. Written notice must, at a minimum, provide the plan participant's full name; date of birth; social security number, if known; and the date the plan participant's claim arose. If the plan participant's attorney or representative is on notice that the plan has an interest in the judgment or settlement and fails to provide notice to the plan as required by this section, upon motion by the plan, the plan participant's attorney's interest in any recovery must be reduced by up to fifty percent (50%) with the forfeited amount paid to the plan. If the plan participant is unrepresented and fails to provide notice as required by this section, upon motion by the plan the court shall award to the plan from the plan participant's recovery an amount that, in the court's discretion, reimburses the plan for amounts the plan lost due to the plan participant's failure or refusal to provide the plan with the notice required under this section. Such amount may be up to the full amount of the plan's subrogation or reimbursement interest to the extent that such interest may be satisfied from the recovery proceeds, without reduction and irrespective of the plan participant's claims.
(e) Within ninety (90) days of receipt of the notice required by subsection (d), a plan having a subrogation or reimbursement interest shall respond to the individual who provided the notice in writing sent by certified mail, with either return receipt signature or electronic verification, providing the amount of the subrogation or reimbursement interest, or both, a request for additional information or documentation, or notice that additional time is necessary to determine the amount of the plan's subrogation or reimbursement interest, or both. If additional time is necessary, a plan shall provide a response containing the amount of the subrogation or reimbursement interest, or both, within one hundred eighty (180) days of receipt of the notice required by subsection (d), unless treatment of the plan participant, or billing of the plan by medical services providers, is ongoing. If a plan or plan administrator notifies the plan participant or the plan participant's attorney that the plan is unable to provide the amount of its subrogation or reimbursement interest, or both, because treatment or billing is ongoing, the notification is a valid response, and the plan's subrogation or reimbursement interest, or both, is not extinguished. The plan participant or the plan participant's attorney bear the burden of additional requests to the plan to ascertain the amount of the plan's subrogation or reimbursement interest, or both. The plan participant or the plan participant's attorney shall then inform the court regarding the results of the notice, if any, to the plan. If the plan fails to respond within the period specified in this subsection (e), then the plan's subrogation or reimbursement interest, or both, is extinguished and disbursements may be made without recourse upon the plan participant or the plan participant's attorney, or other individual who may have an interest in such disbursements.
(f) (1) This section does not preclude the plan from declining to provide its subrogation or reimbursement interest, or both, until the plan receives one (1) or more of the following: (A) The plan participant's affidavit attesting that treatment beyond routine follow-up for injuries sustained in the incident at issue has ceased beyond routine follow-up; (B) The plan participant's attorney's affidavit attesting to the amount of available recovery, including the sources of all such recovery, the amount of interest the attorney is claiming in any recovery, and whether to the best of the attorney's knowledge and belief, the plan participant's medical care for injuries sustained in the incident at issue has ceased beyond routine follow-up; and (C) The plan participant's treating physician's statement indicating the plan participant's date of maximum medical improvement, return to work date, permanent impairment or disability, and anticipated additional treatment beyond routine follow-up. (2) A plan's request for the information listed in subdivision (f)(1) does not extinguish the plan's subrogation or reimbursement interest and is not considered for purposes of calculating the plan's one hundred eighty (180) day response period.
(1) This section does not preclude the plan from declining to provide its subrogation or reimbursement interest, or both, until the plan receives one (1) or more of the following: (A) The plan participant's affidavit attesting that treatment beyond routine follow-up for injuries sustained in the incident at issue has ceased beyond routine follow-up; (B) The plan participant's attorney's affidavit attesting to the amount of available recovery, including the sources of all such recovery, the amount of interest the attorney is claiming in any recovery, and whether to the best of the attorney's knowledge and belief, the plan participant's medical care for injuries sustained in the incident at issue has ceased beyond routine follow-up; and (C) The plan participant's treating physician's statement indicating the plan participant's date of maximum medical improvement, return to work date, permanent impairment or disability, and anticipated additional treatment beyond routine follow-up.
(A) The plan participant's affidavit attesting that treatment beyond routine follow-up for injuries sustained in the incident at issue has ceased beyond routine follow-up;
(B) The plan participant's attorney's affidavit attesting to the amount of available recovery, including the sources of all such recovery, the amount of interest the attorney is claiming in any recovery, and whether to the best of the attorney's knowledge and belief, the plan participant's medical care for injuries sustained in the incident at issue has ceased beyond routine follow-up; and
(C) The plan participant's treating physician's statement indicating the plan participant's date of maximum medical improvement, return to work date, permanent impairment or disability, and anticipated additional treatment beyond routine follow-up.
(2) A plan's request for the information listed in subdivision (f)(1) does not extinguish the plan's subrogation or reimbursement interest and is not considered for purposes of calculating the plan's one hundred eighty (180) day response period.
(g) If the plan participant or the plan participant's attorney received a timely response from the plan, but the amount of the subrogation or reimbursement interest, or both, remains in dispute, upon motion by the plan, the trial judge shall hold a hearing in accordance with subsection (h). After trial and at the time of the entry of the judgment or settlement in a case in which the plan has a subrogation or reimbursement interest, or both, under this section, it is the responsibility of the trial judge to calculate the amount of the subrogation or reimbursement interest, or both, and incorporate the court's findings concerning such interest in the final judgment or settlement.
(h) The trial judge shall base the gross amount of the subrogation or reimbursement interest upon the findings of the verdict at trial concerning medical expenses and evidence introduced after the trial about the total sum of moneys paid by the plan for medical expenses for injuries arising from the incident that is the basis of the action. The trial judge shall reduce the gross amount of the subrogation or reimbursement interest by one (1) or more of the following factors, as applicable: (1) To the extent that the plan participant plaintiff is partially at fault in the incident giving rise to the litigation, the subrogation or reimbursement interest is reduced by the percentage of fault assessed against the plan participant plaintiff; (2) To the extent that the finder of fact allocated fault to a person who was immune from suit, the subrogation or reimbursement interest is reduced by the percentage of fault assessed against the immune person; (3) To the extent that the finder of fact allocates fault to a governmental entity that has its liability limited under state law, and the fault of the entity, when multiplied by the total dollar value of the damages found by the finder of fact, exceeds the amount of judgment that can be awarded against the entity, the subrogation or reimbursement interest is reduced proportionately by a percentage derived by dividing the uncollectable portion of the judgment against the plan by the total damages awarded; or (4) To the extent that the finder of fact allocated fault to a person that the plan participant plaintiff did not sue, the plan's subrogation or reimbursement interest is reduced by the percentage of fault assessed against the nonparty.
(1) To the extent that the plan participant plaintiff is partially at fault in the incident giving rise to the litigation, the subrogation or reimbursement interest is reduced by the percentage of fault assessed against the plan participant plaintiff;
(2) To the extent that the finder of fact allocated fault to a person who was immune from suit, the subrogation or reimbursement interest is reduced by the percentage of fault assessed against the immune person;
(3) To the extent that the finder of fact allocates fault to a governmental entity that has its liability limited under state law, and the fault of the entity, when multiplied by the total dollar value of the damages found by the finder of fact, exceeds the amount of judgment that can be awarded against the entity, the subrogation or reimbursement interest is reduced proportionately by a percentage derived by dividing the uncollectable portion of the judgment against the plan by the total damages awarded; or
(4) To the extent that the finder of fact allocated fault to a person that the plan participant plaintiff did not sue, the plan's subrogation or reimbursement interest is reduced by the percentage of fault assessed against the nonparty.
(i) After the calculations described in subsection (h) are performed, the trial judge shall reduce the subrogation or reimbursement interest pro rata by the amount of reasonable attorneys' fees and litigation costs incurred by the plan participant plaintiff in obtaining the recovery.
(j) The amount determined from the calculations required under subsections (h) and (g) is the net subrogation or reimbursement interest. If a plan participant plaintiff or the plan participant's attorney collects the judgment, each has the obligation to promptly remit the net subrogation or reimbursement interest and attorneys' fees and costs to the counsel or other individual specified in the plan document or SPD, as required by the final judgment. If the plan participant plaintiff and the plan participant's attorney collect only a portion of the final judgment, each has the obligation to promptly remit a pro rata share of the net subrogation interest and attorneys' fees and costs to the counsel or other individual specified in the plan document or SPD, as required by the final judgment. If the plan participant plaintiff and the plan participant's attorney later collect additional moneys against the judgment, there is a continuing obligation on both to remit a pro rata share of the moneys collected as required by the final judgment.
(k) If a plan participant plaintiff or the plan participant's attorney, or both, fail to timely remit to the counsel or other individual specified in the plan document or SPD the plan's pro rata portion of judgment moneys received, upon motion by the plan, the court may, in its discretion, award to the plan attorney's fees for the cost of the motion, interest on moneys withheld, as well as the amounts withheld, and order those who failed to timely release funds to forfeit to the plan all sums received in payment of the judgment. If the court finds that a motion under this subsection (k) was filed in bad faith, the court may award to the plan participant plaintiff or the plan participant's attorney, or both, attorney's fees for the cost of the motion, and order the plan to forfeit its net subrogation or reimbursement interest.
(l) If the case between the plan participant plaintiff and the defendant is settled before trial and the parties and the plan are unable to reach an agreement on the amount of the subrogation or reimbursement interest, then the trial judge shall hold a hearing to determine the gross and net subrogation or reimbursement interests, taking into account the criteria listed in subsection (h) and the likelihood of collecting any judgment against parties determined to be at fault. Expert foundation is not required to prove any claimed damages. An aggrieved party may appeal the court's decision.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
Tenn. Code Ann. § 8-34-203 — TN Code / Title 8 / Chapter 34 / Section 8-34-203
Application of other laws
Status: in_force

No other provision of law in any other statute which provides wholly or partly at the expense of this state or any political subdivision thereof pensions or retirement benefits for members or beneficiaries of the retirement system shall apply to such members or beneficiaries of the retirement system except Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ), and chapter 25, part 3 of this title. Further, no other provision of law in any other statute which bestows membership in the Tennessee consolidated retirement system from or after May 2, 2011, shall apply unless such membership provision is codified in chapter 35 of this title. Acts 1972, ch. 814, § 17; T.C.A., § 8-3947; Acts 1983, ch. 342, § 3; 2011 , ch. 140, § 4.
No other provision of law in any other statute which provides wholly or partly at the expense of this state or any political subdivision thereof pensions or retirement benefits for members or beneficiaries of the retirement system shall apply to such members or beneficiaries of the retirement system except Title II of the Social Security Act ( 42 U.S.C. §§ 401 - 425 ), and chapter 25, part 3 of this title. Further, no other provision of law in any other statute which bestows membership in the Tennessee consolidated retirement system from or after May 2, 2011, shall apply unless such membership provision is codified in chapter 35 of this title.
Acts 1972, ch. 814, § 17; T.C.A., § 8-3947; Acts 1983, ch. 342, § 3; 2011 , ch. 140, § 4.
Tenn. Code Ann. § 8-46-107 — TN Code / Title 8 / Chapter 46 / Section 8-46-107
Issuance and service of process
Status: in_force

All writs and process shall be issued by the clerk of the senate, and tested in the clerk's name, and may be served by any person authorized by the senate or its speaker. Code 1858, § 5286; Shan., § 7266; Code 1932, § 11868; T.C.A. (orig. ed.), § 8-2607.
All writs and process shall be issued by the clerk of the senate, and tested in the clerk's name, and may be served by any person authorized by the senate or its speaker.
Code 1858, § 5286; Shan., § 7266; Code 1932, § 11868; T.C.A. (orig. ed.), § 8-2607.