Tenn. Code Ann. § 8-35-317 — TN Code / Title 8 / Chapter 35 / Section 8-35-317
Transfer from local fund to state system
Status: in_force

(a) Local Board of Education Administering Plan. (1) Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, any teacher who is a member of any local teacher retirement plan shall be eligible to transfer membership into the Tennessee consolidated retirement system as a Class A member whenever a local board of education administering such plan provides in such plan for such transfer or the employer authorizes such transfer by resolution. The election to transfer membership into the Tennessee consolidated retirement system is optional to each teacher in the local system. Upon election of such option, the teacher shall be given credit for the teacher annuity for the same number of years that the teacher was a member of the local retirement plan; provided, that the local retirement plan or the employer, or a combination thereof, shall transfer to this retirement system a sum of money equal to the accumulated contributions the teacher would have had, had the teacher been a contributing member of this system the entire period of such teacher's membership in the local retirement plan, which period of time shall begin no earlier than the time of the establishment of this system. A county or municipality shall have the right to issue obligations as defined in § 9-21-105 , under the Local Government Public Obligations Act of 1986, to provide funding to meet any requirements or expense of a local government under this subsection (a); provided, that any obligation issued pursuant to this subsection (a) shall mature in five (5) years or less. (2) Board of Commissioners Administering Plan. Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, any teacher who is a member of any local retirement plan shall be eligible to transfer membership into the Tennessee consolidated retirement system as a Class A member whenever a board of commissioners administering such plan provides in such plan for such transfer. The teacher shall be given credit for the teacher's annuity for the same number of years that the teacher was a member of the local retirement plan; provided, that the local retirement plan shall transfer to this retirement system a sum of money equal to the accumulated contributions the teacher would have had, had the teacher been a contributing member of this system or the superseded system the entire period of membership in the local retirement plan, which period of time shall begin no earlier than the time of establishment of the superseded Tennessee teachers' retirement system. (b) Neither the state of Tennessee nor the Tennessee consolidated retirement system shall, as a result of a transfer under this section, be liable for benefits beyond those benefits otherwise provided for other members of the Tennessee consolidated retirement system, nor shall the state or the Tennessee consolidated retirement system assume or incur any liability for any impairment, interruption, or diminution of the rights and privileges of any teacher which may result from a transfer under this section. (c) If a teacher transfers from such local retirement plan to this retirement system, such teacher shall contribute to this retirement system as a Class A member as if such teacher had been a member of this system during such period of service and elected Class A membership; however, social security coverage through this system shall begin as of the date of transfer. (d) The contributions for any period of service after July 1, 1957, shall be calculated for the teacher as a Class A member. Acts 1972, ch. 814, § 9; 1973, ch. 283, § 1; 1973, ch. 347, § 31; T.C.A., §§ 8-3933(13), 8-3933(14); Acts 1987, ch. 41, §§ 1-3; 1989, ch. 358, § 1.
(a) Local Board of Education Administering Plan. (1) Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, any teacher who is a member of any local teacher retirement plan shall be eligible to transfer membership into the Tennessee consolidated retirement system as a Class A member whenever a local board of education administering such plan provides in such plan for such transfer or the employer authorizes such transfer by resolution. The election to transfer membership into the Tennessee consolidated retirement system is optional to each teacher in the local system. Upon election of such option, the teacher shall be given credit for the teacher annuity for the same number of years that the teacher was a member of the local retirement plan; provided, that the local retirement plan or the employer, or a combination thereof, shall transfer to this retirement system a sum of money equal to the accumulated contributions the teacher would have had, had the teacher been a contributing member of this system the entire period of such teacher's membership in the local retirement plan, which period of time shall begin no earlier than the time of the establishment of this system. A county or municipality shall have the right to issue obligations as defined in § 9-21-105 , under the Local Government Public Obligations Act of 1986, to provide funding to meet any requirements or expense of a local government under this subsection (a); provided, that any obligation issued pursuant to this subsection (a) shall mature in five (5) years or less. (2) Board of Commissioners Administering Plan. Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, any teacher who is a member of any local retirement plan shall be eligible to transfer membership into the Tennessee consolidated retirement system as a Class A member whenever a board of commissioners administering such plan provides in such plan for such transfer. The teacher shall be given credit for the teacher's annuity for the same number of years that the teacher was a member of the local retirement plan; provided, that the local retirement plan shall transfer to this retirement system a sum of money equal to the accumulated contributions the teacher would have had, had the teacher been a contributing member of this system or the superseded system the entire period of membership in the local retirement plan, which period of time shall begin no earlier than the time of establishment of the superseded Tennessee teachers' retirement system.
(1) Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, any teacher who is a member of any local teacher retirement plan shall be eligible to transfer membership into the Tennessee consolidated retirement system as a Class A member whenever a local board of education administering such plan provides in such plan for such transfer or the employer authorizes such transfer by resolution. The election to transfer membership into the Tennessee consolidated retirement system is optional to each teacher in the local system. Upon election of such option, the teacher shall be given credit for the teacher annuity for the same number of years that the teacher was a member of the local retirement plan; provided, that the local retirement plan or the employer, or a combination thereof, shall transfer to this retirement system a sum of money equal to the accumulated contributions the teacher would have had, had the teacher been a contributing member of this system the entire period of such teacher's membership in the local retirement plan, which period of time shall begin no earlier than the time of the establishment of this system. A county or municipality shall have the right to issue obligations as defined in § 9-21-105 , under the Local Government Public Obligations Act of 1986, to provide funding to meet any requirements or expense of a local government under this subsection (a); provided, that any obligation issued pursuant to this subsection (a) shall mature in five (5) years or less.
(2) Board of Commissioners Administering Plan. Notwithstanding any other provisions to the contrary in chapters 34-37 of this title, any teacher who is a member of any local retirement plan shall be eligible to transfer membership into the Tennessee consolidated retirement system as a Class A member whenever a board of commissioners administering such plan provides in such plan for such transfer. The teacher shall be given credit for the teacher's annuity for the same number of years that the teacher was a member of the local retirement plan; provided, that the local retirement plan shall transfer to this retirement system a sum of money equal to the accumulated contributions the teacher would have had, had the teacher been a contributing member of this system or the superseded system the entire period of membership in the local retirement plan, which period of time shall begin no earlier than the time of establishment of the superseded Tennessee teachers' retirement system.
(b) Neither the state of Tennessee nor the Tennessee consolidated retirement system shall, as a result of a transfer under this section, be liable for benefits beyond those benefits otherwise provided for other members of the Tennessee consolidated retirement system, nor shall the state or the Tennessee consolidated retirement system assume or incur any liability for any impairment, interruption, or diminution of the rights and privileges of any teacher which may result from a transfer under this section.
(c) If a teacher transfers from such local retirement plan to this retirement system, such teacher shall contribute to this retirement system as a Class A member as if such teacher had been a member of this system during such period of service and elected Class A membership; however, social security coverage through this system shall begin as of the date of transfer.
(d) The contributions for any period of service after July 1, 1957, shall be calculated for the teacher as a Class A member.
Acts 1972, ch. 814, § 9; 1973, ch. 283, § 1; 1973, ch. 347, § 31; T.C.A., §§ 8-3933(13), 8-3933(14); Acts 1987, ch. 41, §§ 1-3; 1989, ch. 358, § 1.
Tenn. Code Ann. § 8-5-105 — TN Code / Title 8 / Chapter 5 / Section 8-5-105
Office - Duties
Status: in_force

The state treasurer shall keep office in the room assigned to the state treasurer in the capitol, and shall perform all the duties appertaining thereto by law, or which may be required of the state treasurer by resolution of the general assembly. Code 1858, § 228 (deriv. Acts 1835-1836, ch. 27, § 2); Shan., § 276; Code 1932, § 220; T.C.A. (orig. ed.), § 8-505.
The state treasurer shall keep office in the room assigned to the state treasurer in the capitol, and shall perform all the duties appertaining thereto by law, or which may be required of the state treasurer by resolution of the general assembly.
Code 1858, § 228 (deriv. Acts 1835-1836, ch. 27, § 2); Shan., § 276; Code 1932, § 220; T.C.A. (orig. ed.), § 8-505.
Tenn. Code Ann. § 8-36-912 — TN Code / Title 8 / Chapter 36 / Section 8-36-912
Computation of minimum early service retirement allowance
Status: in_force

The minimum early service retirement allowance payable under the defined benefit component of the plan pursuant to § 8-36-911 shall be the minimum service retirement allowance computed in accordance with § 8-36-909 on the basis of the participant's creditable service at the time of early retirement, reduced by an actuarially determined factor as set by the board from time to time. Section 8-36-124 shall not apply in determining the retirement allowance payable under this section. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
The minimum early service retirement allowance payable under the defined benefit component of the plan pursuant to § 8-36-911 shall be the minimum service retirement allowance computed in accordance with § 8-36-909 on the basis of the participant's creditable service at the time of early retirement, reduced by an actuarially determined factor as set by the board from time to time. Section 8-36-124 shall not apply in determining the retirement allowance payable under this section.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-16-117 — TN Code / Title 8 / Chapter 16 / Section 8-16-117
Notice of deposition of notary public
Status: in_force

The deposition of a notary public may be taken, whether a suit be pending or not, on ten (10) days' notice to the opposite party, if resident in the state, and forty (40) days' notice out of the state, to be read as evidence between the same parties in any suit then or afterward depending, should the notary die or leave the state before the trial. Code 1858, § 1802 (deriv. Acts 1835-1836, ch. 11, § 7); Shan., § 3210; Code 1932, § 5912; T.C.A. (orig. ed.), § 8-1623; T.C.A. § 8-16-305 ; Acts 2004, ch. 854, § 18.
The deposition of a notary public may be taken, whether a suit be pending or not, on ten (10) days' notice to the opposite party, if resident in the state, and forty (40) days' notice out of the state, to be read as evidence between the same parties in any suit then or afterward depending, should the notary die or leave the state before the trial.
Code 1858, § 1802 (deriv. Acts 1835-1836, ch. 11, § 7); Shan., § 3210; Code 1932, § 5912; T.C.A. (orig. ed.), § 8-1623; T.C.A. § 8-16-305 ; Acts 2004, ch. 854, § 18.
Tenn. Code Ann. § 8-7-233 — TN Code / Title 8 / Chapter 7 / Section 8-7-233
Criminal investigators employed on July 1, 1994
Status: in_force

Sections 8-7-225 - 8-7-235 shall have no effect or application to the compensation or benefits of criminal investigators employed prior to July 1, 1994. Acts 1994, ch. 704, § 9.
Sections 8-7-225 - 8-7-235 shall have no effect or application to the compensation or benefits of criminal investigators employed prior to July 1, 1994.
Acts 1994, ch. 704, § 9.
Tenn. Code Ann. § 8-4-501 — TN Code / Title 8 / Chapter 4 / Section 8-4-501
Short title
Status: in_force

This part shall be known and may be cited as the "Local Government Instances of Fraud Reporting Act." Acts 2007, ch. 206, § 2.
This part shall be known and may be cited as the "Local Government Instances of Fraud Reporting Act."
Acts 2007, ch. 206, § 2.
Tenn. Code Ann. § 8-4-205 — TN Code / Title 8 / Chapter 4 / Section 8-4-205
Witness refusing to testify - Penalty
Status: in_force

Any witness who appears as ordered, but upon appearance refuses to testify on matters not privileged by law, shall be punished as prescribed in § 8-4-204 . Acts 1963, ch. 128, § 5; T.C.A. (orig. ed.), § 8-420; T.C.A., § 8-416.
Any witness who appears as ordered, but upon appearance refuses to testify on matters not privileged by law, shall be punished as prescribed in § 8-4-204 .
Acts 1963, ch. 128, § 5; T.C.A. (orig. ed.), § 8-420; T.C.A., § 8-416.
Tenn. Code Ann. § 8-50-1204 — TN Code / Title 8 / Chapter 50 / Section 8-50-1204
Trust conditions
Status: in_force

(a) Any trust created under this part shall be irrevocable, and the assets thereof shall be preserved, invested and expended solely pursuant to and for the purposes of this part and shall not be loaned or otherwise transferred or used for any other purpose. The assets of the trust shall be expended solely to: (1) Make payments for other post-employment benefits pursuant to and in accordance with terms of the political subdivision's respective post-employment benefit plan; and (2) Pay the cost of administering the trust. (b) Any investment trust so created shall have the powers, privileges and immunities of a corporation; and all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received. (c) Notwithstanding any law to the contrary, all assets, income and distributions of the investment trust shall be protected against the claims of creditors of the political subdivisions, plan administrators, and plan participants, and shall not be subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws or other process whatsoever, nor shall any assignment thereof be enforceable in any court. Amended by 2013 Tenn. Acts, ch. 140,s 1, eff. 4/12/2013. Acts 2006, ch. 771, § 1.
(a) Any trust created under this part shall be irrevocable, and the assets thereof shall be preserved, invested and expended solely pursuant to and for the purposes of this part and shall not be loaned or otherwise transferred or used for any other purpose. The assets of the trust shall be expended solely to: (1) Make payments for other post-employment benefits pursuant to and in accordance with terms of the political subdivision's respective post-employment benefit plan; and (2) Pay the cost of administering the trust.
(1) Make payments for other post-employment benefits pursuant to and in accordance with terms of the political subdivision's respective post-employment benefit plan; and
(2) Pay the cost of administering the trust.
(b) Any investment trust so created shall have the powers, privileges and immunities of a corporation; and all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.
(c) Notwithstanding any law to the contrary, all assets, income and distributions of the investment trust shall be protected against the claims of creditors of the political subdivisions, plan administrators, and plan participants, and shall not be subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws or other process whatsoever, nor shall any assignment thereof be enforceable in any court.
Amended by 2013 Tenn. Acts, ch. 140,s 1, eff. 4/12/2013.
Acts 2006, ch. 771, § 1.
Tenn. Code Ann. § 8-36-506 — TN Code / Title 8 / Chapter 36 / Section 8-36-506
Medical examinations after disability retirement
Status: in_force

(a) Any disability retiree who has not attained service retirement age may be required to submit current medical records annually until attaining service retirement age, by a physician or physicians designated by the board of trustees. (b) Should any disability beneficiary who has not yet attained sixty (60) years of age refuse to submit to at least one (1) medical examination in any such year, and should such refusal continue for ninety (90) days after the records have been requested, such beneficiary's monthly retirement benefit may be suspended by the board of trustees. Acts 1972, ch. 814, § 5; 1977, ch. 448, § 3; 1978, ch. 741, § 15; T.C.A., §§ 8-3914(a), 8-36-505; Acts 1997, ch. 219, § 7.
(a) Any disability retiree who has not attained service retirement age may be required to submit current medical records annually until attaining service retirement age, by a physician or physicians designated by the board of trustees.
(b) Should any disability beneficiary who has not yet attained sixty (60) years of age refuse to submit to at least one (1) medical examination in any such year, and should such refusal continue for ninety (90) days after the records have been requested, such beneficiary's monthly retirement benefit may be suspended by the board of trustees.
Acts 1972, ch. 814, § 5; 1977, ch. 448, § 3; 1978, ch. 741, § 15; T.C.A., §§ 8-3914(a), 8-36-505; Acts 1997, ch. 219, § 7.
Tenn. Code Ann. § 8-31-105 — TN Code / Title 8 / Chapter 31 / Section 8-31-105
Prospective application of chapter
Status: in_force

The prohibition established by § 8-31-103 shall not be applied retroactively, but shall be adhered to by each governmental entity in all hiring and employee transactions subsequent to July 1, 1980. Acts 1980, ch. 789, § 5.
The prohibition established by § 8-31-103 shall not be applied retroactively, but shall be adhered to by each governmental entity in all hiring and employee transactions subsequent to July 1, 1980.
Acts 1980, ch. 789, § 5.
Tenn. Code Ann. § 8-3-108 — TN Code / Title 8 / Chapter 3 / Section 8-3-108
Donations for publication of the Tennessee Blue Book
Status: in_force

(a) The secretary of state is authorized to accept donations from persons, political subdivisions, foundations, corporations, firms or any other business entity for the express purpose of publishing the Tennessee Blue Book. The secretary of state shall control all aspects of the publication and distribution of the book, including, but not limited to, complete editorial control, quantity published and distribution. No benefactor shall have authority to interfere with any aspect of development, publication, quantity published or distribution of the book. (b) The secretary of state will determine the amount of money needed to publish the quantity desired and shall have the sole authority to select the benefactor or benefactors. The funds received shall be used for the publication and distribution of the book. Such funds shall not revert to the general fund but shall be carried forward to the next fiscal year and remain available to the secretary of state until expended for the publications and distribution of future editions. None of these funds shall be used for the payment of employees' salaries. (c) Acknowledgement of the chosen benefactors shall be included in the preface of the book. An appropriate acknowledgement shall be given based on the generosity of the benefactor. Acknowledgement shall be in the form of a letter from the secretary of state acknowledging the gift in a separate listing in the preface of the book. Notwithstanding any law to the contrary, a benefactor shall have the first option of being chosen as the benefactor or benefactors of the next edition of the Tennessee Blue Book. (d) The secretary of state shall maintain a list of all benefactors that shall include names, addresses and the amount of the benefactor's donation. Such a list shall be open and available to public inspection. Acts 2003, ch. 355, § 55.
(a) The secretary of state is authorized to accept donations from persons, political subdivisions, foundations, corporations, firms or any other business entity for the express purpose of publishing the Tennessee Blue Book. The secretary of state shall control all aspects of the publication and distribution of the book, including, but not limited to, complete editorial control, quantity published and distribution. No benefactor shall have authority to interfere with any aspect of development, publication, quantity published or distribution of the book.
(b) The secretary of state will determine the amount of money needed to publish the quantity desired and shall have the sole authority to select the benefactor or benefactors. The funds received shall be used for the publication and distribution of the book. Such funds shall not revert to the general fund but shall be carried forward to the next fiscal year and remain available to the secretary of state until expended for the publications and distribution of future editions. None of these funds shall be used for the payment of employees' salaries.
(c) Acknowledgement of the chosen benefactors shall be included in the preface of the book. An appropriate acknowledgement shall be given based on the generosity of the benefactor. Acknowledgement shall be in the form of a letter from the secretary of state acknowledging the gift in a separate listing in the preface of the book. Notwithstanding any law to the contrary, a benefactor shall have the first option of being chosen as the benefactor or benefactors of the next edition of the Tennessee Blue Book.
(d) The secretary of state shall maintain a list of all benefactors that shall include names, addresses and the amount of the benefactor's donation. Such a list shall be open and available to public inspection.
Acts 2003, ch. 355, § 55.
Tenn. Code Ann. § 8-35-121 — TN Code / Title 8 / Chapter 35 / Section 8-35-121
Blind employees
Status: in_force

(a) Blind employees of workshops who are unclassified members of state service immediately preceding the implementation date of a contract under § 71-4-608 are eligible for membership in the Tennessee consolidated retirement system under the same conditions that apply to state employees. Such employees shall make the same contributions and shall be eligible for the same benefits as state employee members. Any other person, including persons employed or reemployed after the date a contractor assumes the management and operation of a workshop, who is not already a member of the retirement system shall not become a member of the retirement system. (b) Any employee eligible under subsection (a) may continue membership in the retirement system when the contractor assumes the management and operation of a workshop; otherwise, the employee may elect to withdraw from the retirement system and receive a refund of contributions. Such withdrawal constitutes a waiver of any right to reestablish such service at a future date based upon employment at a workshop. (c) If the contractor has a retirement plan for its employees, an employee who elects to participate in such plan may not participate in the Tennessee consolidated retirement system. (d) The contractor shall make normal contributions, special accrued liability contributions, and cost of living contributions, as determined by an actuarial valuation, in the same way as for state employee members, for each employee who elects to continue membership in the retirement system. (e) The contractor shall pay such contributions to the board of trustees of the retirement system according to a schedule set by the board and all benefits payable to employees of any such contractor shall be contingent upon the payment of the necessary contributions by the contractor and its employees. (f) The department of human services serves as administrative agent between the contractor and the Tennessee consolidated retirement system. Acts 1982, ch. 863, § 4.
(a) Blind employees of workshops who are unclassified members of state service immediately preceding the implementation date of a contract under § 71-4-608 are eligible for membership in the Tennessee consolidated retirement system under the same conditions that apply to state employees. Such employees shall make the same contributions and shall be eligible for the same benefits as state employee members. Any other person, including persons employed or reemployed after the date a contractor assumes the management and operation of a workshop, who is not already a member of the retirement system shall not become a member of the retirement system.
(b) Any employee eligible under subsection (a) may continue membership in the retirement system when the contractor assumes the management and operation of a workshop; otherwise, the employee may elect to withdraw from the retirement system and receive a refund of contributions. Such withdrawal constitutes a waiver of any right to reestablish such service at a future date based upon employment at a workshop.
(c) If the contractor has a retirement plan for its employees, an employee who elects to participate in such plan may not participate in the Tennessee consolidated retirement system.
(d) The contractor shall make normal contributions, special accrued liability contributions, and cost of living contributions, as determined by an actuarial valuation, in the same way as for state employee members, for each employee who elects to continue membership in the retirement system.
(e) The contractor shall pay such contributions to the board of trustees of the retirement system according to a schedule set by the board and all benefits payable to employees of any such contractor shall be contingent upon the payment of the necessary contributions by the contractor and its employees.
(f) The department of human services serves as administrative agent between the contractor and the Tennessee consolidated retirement system.
Acts 1982, ch. 863, § 4.
Tenn. Code Ann. § 8-19-305 — TN Code / Title 8 / Chapter 19 / Section 8-19-305
Amount of liability of sureties
Status: in_force

Sureties on the bonds of public officials shall be liable for the principal sum in default and covered by the bond and for interest thereon, at the rate of ten percent (10%) per annum for the period of delinquency, and not otherwise. Acts 1913, ch. 31, § 1; Shan., § 1093a1; mod. Code 1932, § 1835; T.C.A. (orig. ed.), § 8-1924.
Sureties on the bonds of public officials shall be liable for the principal sum in default and covered by the bond and for interest thereon, at the rate of ten percent (10%) per annum for the period of delinquency, and not otherwise.
Acts 1913, ch. 31, § 1; Shan., § 1093a1; mod. Code 1932, § 1835; T.C.A. (orig. ed.), § 8-1924.
Tenn. Code Ann. § 8-6-206 — TN Code / Title 8 / Chapter 6 / Section 8-6-206
Reports - Number printed - Distribution
Status: in_force

The attorney general and reporter shall have printed and bound, at the expense of the state to be paid for upon the warrant of the commissioner of finance and administration, a sufficient number of volumes of any of the reports required to be distributed under this part, the same to be furnished at not more than cost plus necessary expenses. These reports as published shall be furnished upon request to members of the general assembly and departments of state government, without cost. Acts 1881, ch. 4, § 3; Shan., § 5764; Acts 1925, ch. 68, § 1; Code 1932, § 9962; Acts 1935, ch. 181, § 4; C. Supp. 1950, § 9962; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1965, ch. 130, § 3; 1971, ch. 276, § 5; T.C.A. (orig. ed.), § 8-616.
The attorney general and reporter shall have printed and bound, at the expense of the state to be paid for upon the warrant of the commissioner of finance and administration, a sufficient number of volumes of any of the reports required to be distributed under this part, the same to be furnished at not more than cost plus necessary expenses. These reports as published shall be furnished upon request to members of the general assembly and departments of state government, without cost.
Acts 1881, ch. 4, § 3; Shan., § 5764; Acts 1925, ch. 68, § 1; Code 1932, § 9962; Acts 1935, ch. 181, § 4; C. Supp. 1950, § 9962; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1965, ch. 130, § 3; 1971, ch. 276, § 5; T.C.A. (orig. ed.), § 8-616.
Tenn. Code Ann. § 8-30-307 — TN Code / Title 8 / Chapter 30 / Section 8-30-307
Invitations to interview candidates who are armed forces veterans - Preference to veterans - Spouse or surviving spouse of veteran
Status: in_force

(a) When invitations to interview candidates are extended, whether for appointment or promotion, and the pool of candidates includes any person who has been honorably discharged from the army, navy, air force, marine corps or coast guard or any member of the reserve components, as defined in 10 USC § 10101 , who performs active federal service in the armed forces of the United States, these persons must be invited to interview. (b) If a veteran is on the pool of candidates, and if the minimum qualifications and the skills, abilities, competencies and knowledge of the veteran and any another applicant being interviewed for the position are equal, preference shall be given to the veteran for the position. (c) When invitations to interview candidates are extended, whether for appointment or promotion, the spouse or surviving spouse of a veteran must be invited to interview, if the spouse or surviving spouse is a qualified voter in Tennessee or has been a resident of this state for two (2) years preceding such person's application, and one (1) of the two (2) following circumstances exists: (1) As a result of such military service, the veteran suffered a one hundred percent (100%) service-connected disability or is permanently and totally disabled; or (2) (A) The veteran died in the line of duty during such military service; and (B) The surviving spouse has not remarried since the death of the veteran. (d) Any appointing authority who passes over an eligible veteran and selects an eligible nonveteran shall file with the commissioner, within thirty (30) days, the reasons for so doing, which reasons will become a part of the veteran's record, but will not be made available to anyone other than the veteran, except in the discretion of the appointing authority. Amended by 2022 Tenn. Acts, ch. 655, s 11, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 771, s 1, eff. 7/1/2018. Acts 2012 , ch. 800, § 28.
(a) When invitations to interview candidates are extended, whether for appointment or promotion, and the pool of candidates includes any person who has been honorably discharged from the army, navy, air force, marine corps or coast guard or any member of the reserve components, as defined in 10 USC § 10101 , who performs active federal service in the armed forces of the United States, these persons must be invited to interview.
(b) If a veteran is on the pool of candidates, and if the minimum qualifications and the skills, abilities, competencies and knowledge of the veteran and any another applicant being interviewed for the position are equal, preference shall be given to the veteran for the position.
(c) When invitations to interview candidates are extended, whether for appointment or promotion, the spouse or surviving spouse of a veteran must be invited to interview, if the spouse or surviving spouse is a qualified voter in Tennessee or has been a resident of this state for two (2) years preceding such person's application, and one (1) of the two (2) following circumstances exists: (1) As a result of such military service, the veteran suffered a one hundred percent (100%) service-connected disability or is permanently and totally disabled; or (2) (A) The veteran died in the line of duty during such military service; and (B) The surviving spouse has not remarried since the death of the veteran.
(1) As a result of such military service, the veteran suffered a one hundred percent (100%) service-connected disability or is permanently and totally disabled; or
(2) (A) The veteran died in the line of duty during such military service; and (B) The surviving spouse has not remarried since the death of the veteran.
(A) The veteran died in the line of duty during such military service; and
(B) The surviving spouse has not remarried since the death of the veteran.
(d) Any appointing authority who passes over an eligible veteran and selects an eligible nonveteran shall file with the commissioner, within thirty (30) days, the reasons for so doing, which reasons will become a part of the veteran's record, but will not be made available to anyone other than the veteran, except in the discretion of the appointing authority.
Amended by 2022 Tenn. Acts, ch. 655, s 11, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 771, s 1, eff. 7/1/2018.
Acts 2012 , ch. 800, § 28.
Tenn. Code Ann. § 8-49-102 — TN Code / Title 8 / Chapter 49 / Section 8-49-102
Order to show cause for nondelivery
Status: in_force

(a) If any person having the possession thereof refuses or neglects, after a demand is made by a qualified officer, to deliver over any books, papers, or property, as required in § 8-49-101 , such officer may make complaint to the circuit judge, or judge of the court of general sessions of the county in which the person refusing resides. (b) If such judge is satisfied by the oath of the complainant, and such other evidence as may be offered, that any such books, papers, or property are withheld, the judge shall grant an order upon the person so refusing to show cause, on a day and at a place to be therein named, why the person should not be compelled to deliver the same. Code 1858, § 806; Shan., § 1127; Code 1932, § 1868; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 8-2902.
(a) If any person having the possession thereof refuses or neglects, after a demand is made by a qualified officer, to deliver over any books, papers, or property, as required in § 8-49-101 , such officer may make complaint to the circuit judge, or judge of the court of general sessions of the county in which the person refusing resides.
(b) If such judge is satisfied by the oath of the complainant, and such other evidence as may be offered, that any such books, papers, or property are withheld, the judge shall grant an order upon the person so refusing to show cause, on a day and at a place to be therein named, why the person should not be compelled to deliver the same.
Code 1858, § 806; Shan., § 1127; Code 1932, § 1868; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 8-2902.
Tenn. Code Ann. § 8-50-114 — TN Code / Title 8 / Chapter 50 / Section 8-50-114
Continuing education - Limited waiver of tuition and fees
Status: in_force

(a) (1) Full-time employees of the state are eligible for enrollment in up to four (4) courses per academic year at any state-supported college or university, college of applied technology, or the Tennessee Foreign Language Institute without paying tuition charges, maintenance fees, student activity fees, registration fees, or online course fees for courses taken through the regents online degree programs. A course for which the waiver is granted shall consist of no more than four (4) credit hours or one hundred twenty (120) clock hours, and the waiver shall be used for only one (1) course at a time. The availability of waivers of online course fees for courses taken through the regents online degree program shall be limited each year by the amount of funds specifically appropriated for such online course fee waivers in the general appropriations act. (2) For purposes of this section, current members of the general assembly shall be considered as full-time employees of the state. (b) Enrollment privileges may be limited or denied by the college, university, college of applied technology or Tennessee Foreign Language Institute on an individual basis according to space availability. Enrollment under this section is on a first-come, first-served basis. No tuition-paying student shall be denied enrollment in a course because of a state employee enrollment pursuant to this section. (c) Courses taken under this section are governed by the academic rules and regulations of the institution or school offering the course or courses. (d) This section does not diminish or affect in any way the rights provided to full-time employees of the state university and community college system and the University of Tennessee in § 49-7-116 . (e) The Tennessee higher education commission is hereby directed, authorized and empowered to promulgate and adopt such rules and regulations as are necessary to implement this section, including rules and regulations for the allocation of appropriations specifically appropriated for the implementation of this section. (f) (1) The number of students permitted to attend classes beyond the limits established in this section or in the general appropriations act for any fiscal year shall be discounted from the effects of the higher education funding formula by the Tennessee higher education commission. (2) Any reimbursements to the state-supported colleges, universities or area vocational-technical schools for the enrollments provided by this section shall be limited to those funds specifically appropriated for that purpose in the general appropriations act. Such reimbursement shall be limited to assessed charges and fees of enrollment. (3) Any reimbursement to the Tennessee Foreign Language Institute for enrollments provided by this section shall be limited to those funds specifically appropriated for the fee waiver and fee discount programs authorized by this section and §§ 8-50-115 and 49-7-119 . (g) Eligible employees may apply the cost equivalent of the full waiver credit toward payment for a class exceeding four (4) credit hours or one hundred twenty (120) clock hours. (h) Full-time employees of the state eligible for a waiver of tuition and fees pursuant to this section who are required to work more hours each week than typically required of full-time employment for at least four (4) weeks per year shall be exempt from the requirement that the waiver be used for only one (1) course at a time. Certification of eligibility for this exemption shall be completed by the applicant's employer at the time of application for the waiver. Nothing in this subsection (h) shall allow an employee to exceed enrollment in more than four (4) courses per academic year. Amended by 2016 Tenn. Acts, ch. 700, s 1, eff. 6/1/2016. Amended by 2014 Tenn. Acts, ch. 959,s 2, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 959,s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 473, s 9, eff. 7/1/2013. Acts 1990, ch. 1047, § 1; 2004, ch. 883, §§ 1, 2; 2007 , ch. 554, § 1.
(a) (1) Full-time employees of the state are eligible for enrollment in up to four (4) courses per academic year at any state-supported college or university, college of applied technology, or the Tennessee Foreign Language Institute without paying tuition charges, maintenance fees, student activity fees, registration fees, or online course fees for courses taken through the regents online degree programs. A course for which the waiver is granted shall consist of no more than four (4) credit hours or one hundred twenty (120) clock hours, and the waiver shall be used for only one (1) course at a time. The availability of waivers of online course fees for courses taken through the regents online degree program shall be limited each year by the amount of funds specifically appropriated for such online course fee waivers in the general appropriations act. (2) For purposes of this section, current members of the general assembly shall be considered as full-time employees of the state.
(1) Full-time employees of the state are eligible for enrollment in up to four (4) courses per academic year at any state-supported college or university, college of applied technology, or the Tennessee Foreign Language Institute without paying tuition charges, maintenance fees, student activity fees, registration fees, or online course fees for courses taken through the regents online degree programs. A course for which the waiver is granted shall consist of no more than four (4) credit hours or one hundred twenty (120) clock hours, and the waiver shall be used for only one (1) course at a time. The availability of waivers of online course fees for courses taken through the regents online degree program shall be limited each year by the amount of funds specifically appropriated for such online course fee waivers in the general appropriations act.
(2) For purposes of this section, current members of the general assembly shall be considered as full-time employees of the state.
(b) Enrollment privileges may be limited or denied by the college, university, college of applied technology or Tennessee Foreign Language Institute on an individual basis according to space availability. Enrollment under this section is on a first-come, first-served basis. No tuition-paying student shall be denied enrollment in a course because of a state employee enrollment pursuant to this section.
(c) Courses taken under this section are governed by the academic rules and regulations of the institution or school offering the course or courses.
(d) This section does not diminish or affect in any way the rights provided to full-time employees of the state university and community college system and the University of Tennessee in § 49-7-116 .
(e) The Tennessee higher education commission is hereby directed, authorized and empowered to promulgate and adopt such rules and regulations as are necessary to implement this section, including rules and regulations for the allocation of appropriations specifically appropriated for the implementation of this section.
(f) (1) The number of students permitted to attend classes beyond the limits established in this section or in the general appropriations act for any fiscal year shall be discounted from the effects of the higher education funding formula by the Tennessee higher education commission. (2) Any reimbursements to the state-supported colleges, universities or area vocational-technical schools for the enrollments provided by this section shall be limited to those funds specifically appropriated for that purpose in the general appropriations act. Such reimbursement shall be limited to assessed charges and fees of enrollment. (3) Any reimbursement to the Tennessee Foreign Language Institute for enrollments provided by this section shall be limited to those funds specifically appropriated for the fee waiver and fee discount programs authorized by this section and §§ 8-50-115 and 49-7-119 .
(1) The number of students permitted to attend classes beyond the limits established in this section or in the general appropriations act for any fiscal year shall be discounted from the effects of the higher education funding formula by the Tennessee higher education commission.
(2) Any reimbursements to the state-supported colleges, universities or area vocational-technical schools for the enrollments provided by this section shall be limited to those funds specifically appropriated for that purpose in the general appropriations act. Such reimbursement shall be limited to assessed charges and fees of enrollment.
(3) Any reimbursement to the Tennessee Foreign Language Institute for enrollments provided by this section shall be limited to those funds specifically appropriated for the fee waiver and fee discount programs authorized by this section and §§ 8-50-115 and 49-7-119 .
(g) Eligible employees may apply the cost equivalent of the full waiver credit toward payment for a class exceeding four (4) credit hours or one hundred twenty (120) clock hours.
(h) Full-time employees of the state eligible for a waiver of tuition and fees pursuant to this section who are required to work more hours each week than typically required of full-time employment for at least four (4) weeks per year shall be exempt from the requirement that the waiver be used for only one (1) course at a time. Certification of eligibility for this exemption shall be completed by the applicant's employer at the time of application for the waiver. Nothing in this subsection (h) shall allow an employee to exceed enrollment in more than four (4) courses per academic year.
Amended by 2016 Tenn. Acts, ch. 700, s 1, eff. 6/1/2016.
Amended by 2014 Tenn. Acts, ch. 959,s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 959,s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 473, s 9, eff. 7/1/2013.
Acts 1990, ch. 1047, § 1; 2004, ch. 883, §§ 1, 2; 2007 , ch. 554, § 1.
Tenn. Code Ann. § 8-48-203 — TN Code / Title 8 / Chapter 48 / Section 8-48-203
Return from service after term
Status: in_force

If the regular officer who may be inducted into the military service does not return prior to the expiration of the term to which the officer was elected, then and in that event the officer's successor shall be elected in the regular manner as provided by the general law. Acts 1943, ch. 4, § 1; C. Supp. 1950, § 1866.1; T.C.A. (orig. ed.), § 8-2812.
If the regular officer who may be inducted into the military service does not return prior to the expiration of the term to which the officer was elected, then and in that event the officer's successor shall be elected in the regular manner as provided by the general law.
Acts 1943, ch. 4, § 1; C. Supp. 1950, § 1866.1; T.C.A. (orig. ed.), § 8-2812.
Tenn. Code Ann. § 8-37-214 — TN Code / Title 8 / Chapter 37 / Section 8-37-214
Back payment or redeposit of contributions - Establishment of lost or withdrawn noncontributory service
Status: in_force

(a) (1) Subject to the approval of the board of trustees, any member who has one (1) year of current membership service or previous service established pursuant to chapter 35, part 2 of this title may make a back payment or redeposit in accordance with the applicable provisions of chapters 34-37 of this title. (2) A back payment shall be equal to the amount of contributions such member would have made had such member been a member of the state retirement system during the period claimed, plus interest compounded annually from the date the contributions would have been made to the date of payment. (3) A redeposit shall be equal to the total amount that was previously withdrawn, plus interest compounded annually from the date of withdrawal to the date of payment. (4) The rate of interest to be used under this section shall be the assumed actuarial interest rate of return established by the board of trustees under § 8-34-505 at the time the payment is made. (b) Any back payment or redeposit must be made in a lump sum, unless otherwise authorized in § 8-37-220 . (c) Except for payments previously made to establish retirement credit under chapters 34-37 of this title and for payments being made through monthly installments pursuant to § 8-37-220 on May 23, 2005, the interest rate as provided for under this section shall have application in all cases where a different rate of interest was provided for in making back payments or redeposits. (d) This section shall not apply to any person coming under [former] § 8-34-609(b) [repealed] with respect to the one (1) year membership service requirements; and application of this section shall be subject to § 8-35-111 . (e) A "noncontributory member," as defined in § 8-34-206 , who has one (1) year of current membership service may establish withdrawn or lost noncontributory service upon application and repayment of any withdrawn contributions, including contributions made by the employer on behalf of the employee, plus interest at the rate provided for in this section. (f) Any member applying for prior service must establish all back service before such service is creditable, except as otherwise provided in chapters 34-37 of this title. (g) (1) Lump sum payments to establish service credit in the Tennessee consolidated retirement system in accordance with this section and chapter 34, part 6 of this title may be funded in whole or in part through amounts transferred from an eligible retirement account to the Tennessee consolidated retirement system. For the purposes of this subsection (g), amounts transferred from an eligible retirement account means: (A) Amounts transferred to the Tennessee consolidated retirement system directly from a retirement account that are eligible for rollover treatment under the Internal Revenue Code (26 U.S.C.); or (B) Lump sum distributions received by a member from a retirement account that are eligible for rollover treatment under the Internal Revenue Code and which are transferred by the member to the Tennessee consolidated retirement system within sixty (60) days following the member's receipt of such lump sum distribution. (2) Prior to accepting any such transfers, the consolidated retirement system may require the member to establish that the amounts to be transferred meet the requirements of this subsection (g) and the Internal Revenue Code. Amounts transferred shall not be forfeitable for any reason and may not be distributed to the member except as otherwise provided in this chapter and chapters 34-37 of this title. (3) This subsection (g) will be administered in accordance with the rollover provisions of the Internal Revenue Code. (h) Any person who desires to establish credit pursuant to chapters 34-37 of this title, shall establish such service under the terms of the retirement system plan that existed at the time the service was established and not at the time the service was rendered, unless the person is still eligible to participate in the former plan and has not lost membership in the retirement system. (i) A retired member may establish prior service within thirty (30) days after the member's date of retirement and have the member's existing benefit adjusted to reflect that member's newly established prior service as of the date of retirement. A retired member who establishes prior service more than thirty (30) days after the member's date of retirement must receive from the retirement system a second benefit, calculated using the date the service was established as the date of retirement for the second benefit. Amended by 2021 Tenn. Acts, ch. 251, s 5, eff. 4/28/2021. Amended by 2020 Tenn. Acts, ch. 686, s 2, eff. 6/11/2020. Acts 1972, ch. 814, § 8; 1975, ch. 315, § 4; 1979, ch. 320, § 8; T.C.A., § 8-3930(1); Acts 1981, ch. 508, § 13; 1988, ch. 973, § 12; 1994, ch. 710, § 5; 1996, ch. 660, § 1; 2002, ch. 863, § 15; 2005, ch. 204, §§ 23, 24; 2010 , ch. 777, §§ 39, 40.
(a) (1) Subject to the approval of the board of trustees, any member who has one (1) year of current membership service or previous service established pursuant to chapter 35, part 2 of this title may make a back payment or redeposit in accordance with the applicable provisions of chapters 34-37 of this title. (2) A back payment shall be equal to the amount of contributions such member would have made had such member been a member of the state retirement system during the period claimed, plus interest compounded annually from the date the contributions would have been made to the date of payment. (3) A redeposit shall be equal to the total amount that was previously withdrawn, plus interest compounded annually from the date of withdrawal to the date of payment. (4) The rate of interest to be used under this section shall be the assumed actuarial interest rate of return established by the board of trustees under § 8-34-505 at the time the payment is made.
(1) Subject to the approval of the board of trustees, any member who has one (1) year of current membership service or previous service established pursuant to chapter 35, part 2 of this title may make a back payment or redeposit in accordance with the applicable provisions of chapters 34-37 of this title.
(2) A back payment shall be equal to the amount of contributions such member would have made had such member been a member of the state retirement system during the period claimed, plus interest compounded annually from the date the contributions would have been made to the date of payment.
(3) A redeposit shall be equal to the total amount that was previously withdrawn, plus interest compounded annually from the date of withdrawal to the date of payment.
(4) The rate of interest to be used under this section shall be the assumed actuarial interest rate of return established by the board of trustees under § 8-34-505 at the time the payment is made.
(b) Any back payment or redeposit must be made in a lump sum, unless otherwise authorized in § 8-37-220 .
(c) Except for payments previously made to establish retirement credit under chapters 34-37 of this title and for payments being made through monthly installments pursuant to § 8-37-220 on May 23, 2005, the interest rate as provided for under this section shall have application in all cases where a different rate of interest was provided for in making back payments or redeposits.
(d) This section shall not apply to any person coming under [former] § 8-34-609(b) [repealed] with respect to the one (1) year membership service requirements; and application of this section shall be subject to § 8-35-111 .
(e) A "noncontributory member," as defined in § 8-34-206 , who has one (1) year of current membership service may establish withdrawn or lost noncontributory service upon application and repayment of any withdrawn contributions, including contributions made by the employer on behalf of the employee, plus interest at the rate provided for in this section.
(f) Any member applying for prior service must establish all back service before such service is creditable, except as otherwise provided in chapters 34-37 of this title.
(g) (1) Lump sum payments to establish service credit in the Tennessee consolidated retirement system in accordance with this section and chapter 34, part 6 of this title may be funded in whole or in part through amounts transferred from an eligible retirement account to the Tennessee consolidated retirement system. For the purposes of this subsection (g), amounts transferred from an eligible retirement account means: (A) Amounts transferred to the Tennessee consolidated retirement system directly from a retirement account that are eligible for rollover treatment under the Internal Revenue Code (26 U.S.C.); or (B) Lump sum distributions received by a member from a retirement account that are eligible for rollover treatment under the Internal Revenue Code and which are transferred by the member to the Tennessee consolidated retirement system within sixty (60) days following the member's receipt of such lump sum distribution. (2) Prior to accepting any such transfers, the consolidated retirement system may require the member to establish that the amounts to be transferred meet the requirements of this subsection (g) and the Internal Revenue Code. Amounts transferred shall not be forfeitable for any reason and may not be distributed to the member except as otherwise provided in this chapter and chapters 34-37 of this title. (3) This subsection (g) will be administered in accordance with the rollover provisions of the Internal Revenue Code.
(1) Lump sum payments to establish service credit in the Tennessee consolidated retirement system in accordance with this section and chapter 34, part 6 of this title may be funded in whole or in part through amounts transferred from an eligible retirement account to the Tennessee consolidated retirement system. For the purposes of this subsection (g), amounts transferred from an eligible retirement account means: (A) Amounts transferred to the Tennessee consolidated retirement system directly from a retirement account that are eligible for rollover treatment under the Internal Revenue Code (26 U.S.C.); or (B) Lump sum distributions received by a member from a retirement account that are eligible for rollover treatment under the Internal Revenue Code and which are transferred by the member to the Tennessee consolidated retirement system within sixty (60) days following the member's receipt of such lump sum distribution.
(A) Amounts transferred to the Tennessee consolidated retirement system directly from a retirement account that are eligible for rollover treatment under the Internal Revenue Code (26 U.S.C.); or
(B) Lump sum distributions received by a member from a retirement account that are eligible for rollover treatment under the Internal Revenue Code and which are transferred by the member to the Tennessee consolidated retirement system within sixty (60) days following the member's receipt of such lump sum distribution.
(2) Prior to accepting any such transfers, the consolidated retirement system may require the member to establish that the amounts to be transferred meet the requirements of this subsection (g) and the Internal Revenue Code. Amounts transferred shall not be forfeitable for any reason and may not be distributed to the member except as otherwise provided in this chapter and chapters 34-37 of this title.
(3) This subsection (g) will be administered in accordance with the rollover provisions of the Internal Revenue Code.
(h) Any person who desires to establish credit pursuant to chapters 34-37 of this title, shall establish such service under the terms of the retirement system plan that existed at the time the service was established and not at the time the service was rendered, unless the person is still eligible to participate in the former plan and has not lost membership in the retirement system.
(i) A retired member may establish prior service within thirty (30) days after the member's date of retirement and have the member's existing benefit adjusted to reflect that member's newly established prior service as of the date of retirement. A retired member who establishes prior service more than thirty (30) days after the member's date of retirement must receive from the retirement system a second benefit, calculated using the date the service was established as the date of retirement for the second benefit.
Amended by 2021 Tenn. Acts, ch. 251, s 5, eff. 4/28/2021.
Amended by 2020 Tenn. Acts, ch. 686, s 2, eff. 6/11/2020.
Acts 1972, ch. 814, § 8; 1975, ch. 315, § 4; 1979, ch. 320, § 8; T.C.A., § 8-3930(1); Acts 1981, ch. 508, § 13; 1988, ch. 973, § 12; 1994, ch. 710, § 5; 1996, ch. 660, § 1; 2002, ch. 863, § 15; 2005, ch. 204, §§ 23, 24; 2010 , ch. 777, §§ 39, 40.
Tenn. Code Ann. § 8-47-112 — TN Code / Title 8 / Chapter 47 / Section 8-47-112
Additional counsel for prosecution
Status: in_force

The governor may in all cases, by and with the concurrence of the attorney general and reporter, employ on behalf of the state additional counsel to aid in the prosecution of such proceedings whenever the default charged involves the failure or neglect of the accused to perform the accused's duty under any law or laws of the state. Acts 1915, ch. 11, § 4; Shan., § 1135a8; Code 1932, § 1884; T.C.A. (orig. ed.), § 8-2712.
The governor may in all cases, by and with the concurrence of the attorney general and reporter, employ on behalf of the state additional counsel to aid in the prosecution of such proceedings whenever the default charged involves the failure or neglect of the accused to perform the accused's duty under any law or laws of the state.
Acts 1915, ch. 11, § 4; Shan., § 1135a8; Code 1932, § 1884; T.C.A. (orig. ed.), § 8-2712.
Tenn. Code Ann. § 8-4-407 — TN Code / Title 8 / Chapter 4 / Section 8-4-407
Confidentiality of information - Annual summary of notifications
Status: in_force

(a) The detailed information received and generated pursuant to this part shall be considered confidential working papers of the comptroller of the treasury and is therefore not an open record pursuant to title 10, chapter 7. (b) Each year the office of the comptroller of the treasury shall include within the annual report required by § 8-4-110 , a summary of the notifications received during the year pursuant to this part. The summary shall indicate the number of notifications, the general nature of the activities reported, the state agencies and community grant agencies affected, and, if appropriate, any remedial action taken or proposed, including the total amount of public funds recovered, and any criminal or civil actions initiated or completed as a result of an allegation received by the office of the comptroller of the treasury under this part. Acts 1985, ch. 186, § 4; T.C.A. § 8-4-404 ; Acts 2006, ch. 972, § 2; 2012 , ch. 548, § 5.
(a) The detailed information received and generated pursuant to this part shall be considered confidential working papers of the comptroller of the treasury and is therefore not an open record pursuant to title 10, chapter 7.
(b) Each year the office of the comptroller of the treasury shall include within the annual report required by § 8-4-110 , a summary of the notifications received during the year pursuant to this part. The summary shall indicate the number of notifications, the general nature of the activities reported, the state agencies and community grant agencies affected, and, if appropriate, any remedial action taken or proposed, including the total amount of public funds recovered, and any criminal or civil actions initiated or completed as a result of an allegation received by the office of the comptroller of the treasury under this part.
Acts 1985, ch. 186, § 4; T.C.A. § 8-4-404 ; Acts 2006, ch. 972, § 2; 2012 , ch. 548, § 5.
Tenn. Code Ann. § 8-38-123 — TN Code / Title 8 / Chapter 38 / Section 8-38-123
State retirement systems unaffected - Two retirement systems - National guard employees - Regional boards and university - Referendum
Status: in_force

(a) Nothing in this chapter shall apply to the judges' retirement system or the attorneys general retirement system, §§ 17-301 - 17-325 [superseded] inclusive and §§ 8-618 - 8-622 [superseded] inclusive respectively, nor shall it impair existing retirement contracts under title 49, chapter 15 [superseded] or chapters 34-36 of this title as amended, they being the teachers' retirement system and the state retirement system. The state agency is expressly deprived of power to make any agreements voiding or changing any of the terms and conditions of the acts creating and setting up either the teachers' retirement system or the state retirement system, but it may make agreements in conformity with § 218 of the Social Security Act ( 42 U.S.C. § 418 ), with reference to the teachers' retirement system and the state retirement system. (b) Pursuant to § 218(d)(6) of the Social Security Act ( 42 U.S.C. § 418(d)(6) ), the Tennessee teachers' retirement system and the state employees' retirement system, or such components thereof as may be established by the governor or the governor's agent pursuant to sentence one (1) of such § 218(d)(6), shall, for the purpose of this chapter, each be deemed to constitute two (2) retirement systems, one (1) of which is composed of the members of each such system who have expressed their desire to be covered under the Social Security Act ( 42 U.S.C. § 301 et seq.), and all individuals becoming members of each such system after the date such coverage under the Social Security Act is extended, and the other composed of the members who have not expressed a desire for such coverage. Upon request of the governing body of any political subdivision operating a retirement system, the membership of its retirement system may likewise be divided. (c) Other public civilian employees, such as those civilians employed by the Tennessee national guard, who are paid out of federal funds or to the extent they are so paid, may be regarded as state employees for the purpose of social security coverage under this section. Regional boards, such as regional libraries of the state of Tennessee and the University of Tennessee, may be classified as political subdivisions for the purpose of social security coverage under this section. (d) With respect to any retirement system of the state to which this chapter applies or to any retirement system of a political subdivision, including the University of Tennessee whose governing body so requests, the governor is empowered to authorize a referendum, and shall designate an agency or individual to supervise its conduct, in accordance with the requirements of § 218(d)(3) of the Social Security Act ( 42 U.S.C. § 418(d)(3) ), on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be excluded from or included under an agreement under this chapter. The notice of referendum required by § 218(d)(3)(C) of the Social Security Act ( 42 U.S.C. § 418(d)(3)(C) ), to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or the individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this chapter. Upon receiving evidence satisfactory to the governor that, with respect to any such referendum, the conditions specified in § 218(d)(3) of the Social Security Act have been met, the governor or an individual designated by the governor shall so certify to the commissioner of social security. (e) The governor shall delegate signature authority to the state treasurer, who is the administrator for the state. The governor shall also delegate the authority to designate an agency or individual to supervise the state old age and survivors insurance agency, and shall delegate the authority to supervise referenda to the state treasurer. The state treasurer may designate an individual to administer the state old age and survivors insurance agency and to supervise referenda as needed. Amended by 2013 Tenn. Acts, ch. 170, s 15, eff. 4/16/2013. Acts 1951, ch. 90, § 3 (Williams, § 1034.66); 1955, ch. 228, § 1; 1957, ch. 88, § 6; 1959, ch. 142, § 3; T.C.A. (orig. ed.), §8-3823; Acts 1981, ch. 20, § 1; 1993, ch. 67, § 32; 1996, ch. 616, § 3.
(a) Nothing in this chapter shall apply to the judges' retirement system or the attorneys general retirement system, §§ 17-301 - 17-325 [superseded] inclusive and §§ 8-618 - 8-622 [superseded] inclusive respectively, nor shall it impair existing retirement contracts under title 49, chapter 15 [superseded] or chapters 34-36 of this title as amended, they being the teachers' retirement system and the state retirement system. The state agency is expressly deprived of power to make any agreements voiding or changing any of the terms and conditions of the acts creating and setting up either the teachers' retirement system or the state retirement system, but it may make agreements in conformity with § 218 of the Social Security Act ( 42 U.S.C. § 418 ), with reference to the teachers' retirement system and the state retirement system.
(b) Pursuant to § 218(d)(6) of the Social Security Act ( 42 U.S.C. § 418(d)(6) ), the Tennessee teachers' retirement system and the state employees' retirement system, or such components thereof as may be established by the governor or the governor's agent pursuant to sentence one (1) of such § 218(d)(6), shall, for the purpose of this chapter, each be deemed to constitute two (2) retirement systems, one (1) of which is composed of the members of each such system who have expressed their desire to be covered under the Social Security Act ( 42 U.S.C. § 301 et seq.), and all individuals becoming members of each such system after the date such coverage under the Social Security Act is extended, and the other composed of the members who have not expressed a desire for such coverage. Upon request of the governing body of any political subdivision operating a retirement system, the membership of its retirement system may likewise be divided.
(c) Other public civilian employees, such as those civilians employed by the Tennessee national guard, who are paid out of federal funds or to the extent they are so paid, may be regarded as state employees for the purpose of social security coverage under this section. Regional boards, such as regional libraries of the state of Tennessee and the University of Tennessee, may be classified as political subdivisions for the purpose of social security coverage under this section.
(d) With respect to any retirement system of the state to which this chapter applies or to any retirement system of a political subdivision, including the University of Tennessee whose governing body so requests, the governor is empowered to authorize a referendum, and shall designate an agency or individual to supervise its conduct, in accordance with the requirements of § 218(d)(3) of the Social Security Act ( 42 U.S.C. § 418(d)(3) ), on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be excluded from or included under an agreement under this chapter. The notice of referendum required by § 218(d)(3)(C) of the Social Security Act ( 42 U.S.C. § 418(d)(3)(C) ), to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or the individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this chapter. Upon receiving evidence satisfactory to the governor that, with respect to any such referendum, the conditions specified in § 218(d)(3) of the Social Security Act have been met, the governor or an individual designated by the governor shall so certify to the commissioner of social security.
(e) The governor shall delegate signature authority to the state treasurer, who is the administrator for the state. The governor shall also delegate the authority to designate an agency or individual to supervise the state old age and survivors insurance agency, and shall delegate the authority to supervise referenda to the state treasurer. The state treasurer may designate an individual to administer the state old age and survivors insurance agency and to supervise referenda as needed.
Amended by 2013 Tenn. Acts, ch. 170, s 15, eff. 4/16/2013.
Acts 1951, ch. 90, § 3 (Williams, § 1034.66); 1955, ch. 228, § 1; 1957, ch. 88, § 6; 1959, ch. 142, § 3; T.C.A. (orig. ed.), §8-3823; Acts 1981, ch. 20, § 1; 1993, ch. 67, § 32; 1996, ch. 616, § 3.
Tenn. Code Ann. § 8-36-820 — TN Code / Title 8 / Chapter 36 / Section 8-36-820
Reemployment of retired members of the Tennessee consolidated retirement system - Requirements - Employment of resource officers - Repealer[Repealed effective 6/30/2025]
Status: repealed

(a) Notwithstanding another law to the contrary, a retired member of the Tennessee consolidated retirement system or of a superseded system, or of a local retirement fund established pursuant to chapter 35, part 3 of this title, may be reemployed in a position covered by the retirement system without the loss or suspension of the retired member's retirement benefits; provided, that: (1) The member retired on an unreduced service retirement allowance pursuant to chapters 35 and 36 of this title, including, but not limited to, §§ 8-35-255 , 8-35-256 , 8-36-201 , and 8-36-906 ; (2) The retired member is reemployed as a law enforcement officer with a law enforcement agency for the sole purpose of serving full-time as a school resource officer, as defined in § 49-6-4202 , at a public school in an LEA as defined in § 49-1-103 that serves students in any of the grades kindergarten through twelve (K-12); (3) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement; (4) The retired member's reemployment must not exceed one (1) year; provided, that the retired member may be reemployed for an additional one-year period if the conditions in this section are met for each period of reemployment. A retiree must not be reemployed pursuant to this section for more than two (2) years; (5) To fund the liability created by this section, the retired member's new employer shall pay to the Tennessee consolidated retirement system, during each period of reemployment, a payment equal to the amount the employer would have contributed to the retirement system had the retired member been a contributing member of the retirement system during the period of reemployment; (6) The retired member is not eligible to accrue additional retirement benefits as a result of the member's reemployment pursuant to this section; (7) Upon the reemployment of the retired member, the retired member's new employer shall: (A) Notify the retirement system of the member's reemployment pursuant to this section and provide any documents or information required by the retirement system; (B) Certify, in writing, to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified person is available to fill the position; and (C) Certify, in writing, to the retirement system that the employer is employing the retired member to serve full-time as a school resource officer at a public school in this state that serves students in any of the grades kindergarten through twelve (K-12); and (8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title. (b) If an LEA or multiple LEAs in the jurisdiction of a law enforcement agency have multiple full-time school resource officer positions available at one (1) or more public schools in the LEA or LEAs, then a law enforcement agency may employ a retired member for each position; provided, that the conditions of subsection (a) are met. (c) This section is repealed on June 30, 2026. Added by 2024 Tenn. Acts, ch. 918,s 1, eff. 7/1/2024.
(a) Notwithstanding another law to the contrary, a retired member of the Tennessee consolidated retirement system or of a superseded system, or of a local retirement fund established pursuant to chapter 35, part 3 of this title, may be reemployed in a position covered by the retirement system without the loss or suspension of the retired member's retirement benefits; provided, that: (1) The member retired on an unreduced service retirement allowance pursuant to chapters 35 and 36 of this title, including, but not limited to, §§ 8-35-255 , 8-35-256 , 8-36-201 , and 8-36-906 ; (2) The retired member is reemployed as a law enforcement officer with a law enforcement agency for the sole purpose of serving full-time as a school resource officer, as defined in § 49-6-4202 , at a public school in an LEA as defined in § 49-1-103 that serves students in any of the grades kindergarten through twelve (K-12); (3) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement; (4) The retired member's reemployment must not exceed one (1) year; provided, that the retired member may be reemployed for an additional one-year period if the conditions in this section are met for each period of reemployment. A retiree must not be reemployed pursuant to this section for more than two (2) years; (5) To fund the liability created by this section, the retired member's new employer shall pay to the Tennessee consolidated retirement system, during each period of reemployment, a payment equal to the amount the employer would have contributed to the retirement system had the retired member been a contributing member of the retirement system during the period of reemployment; (6) The retired member is not eligible to accrue additional retirement benefits as a result of the member's reemployment pursuant to this section; (7) Upon the reemployment of the retired member, the retired member's new employer shall: (A) Notify the retirement system of the member's reemployment pursuant to this section and provide any documents or information required by the retirement system; (B) Certify, in writing, to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified person is available to fill the position; and (C) Certify, in writing, to the retirement system that the employer is employing the retired member to serve full-time as a school resource officer at a public school in this state that serves students in any of the grades kindergarten through twelve (K-12); and (8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title.
(1) The member retired on an unreduced service retirement allowance pursuant to chapters 35 and 36 of this title, including, but not limited to, §§ 8-35-255 , 8-35-256 , 8-36-201 , and 8-36-906 ;
(2) The retired member is reemployed as a law enforcement officer with a law enforcement agency for the sole purpose of serving full-time as a school resource officer, as defined in § 49-6-4202 , at a public school in an LEA as defined in § 49-1-103 that serves students in any of the grades kindergarten through twelve (K-12);
(3) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement;
(4) The retired member's reemployment must not exceed one (1) year; provided, that the retired member may be reemployed for an additional one-year period if the conditions in this section are met for each period of reemployment. A retiree must not be reemployed pursuant to this section for more than two (2) years;
(5) To fund the liability created by this section, the retired member's new employer shall pay to the Tennessee consolidated retirement system, during each period of reemployment, a payment equal to the amount the employer would have contributed to the retirement system had the retired member been a contributing member of the retirement system during the period of reemployment;
(6) The retired member is not eligible to accrue additional retirement benefits as a result of the member's reemployment pursuant to this section;
(7) Upon the reemployment of the retired member, the retired member's new employer shall: (A) Notify the retirement system of the member's reemployment pursuant to this section and provide any documents or information required by the retirement system; (B) Certify, in writing, to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified person is available to fill the position; and (C) Certify, in writing, to the retirement system that the employer is employing the retired member to serve full-time as a school resource officer at a public school in this state that serves students in any of the grades kindergarten through twelve (K-12); and
(A) Notify the retirement system of the member's reemployment pursuant to this section and provide any documents or information required by the retirement system;
(B) Certify, in writing, to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified person is available to fill the position; and
(C) Certify, in writing, to the retirement system that the employer is employing the retired member to serve full-time as a school resource officer at a public school in this state that serves students in any of the grades kindergarten through twelve (K-12); and
(8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title.
(b) If an LEA or multiple LEAs in the jurisdiction of a law enforcement agency have multiple full-time school resource officer positions available at one (1) or more public schools in the LEA or LEAs, then a law enforcement agency may employ a retired member for each position; provided, that the conditions of subsection (a) are met.
(c) This section is repealed on June 30, 2026.
Added by 2024 Tenn. Acts, ch. 918,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 8-25-204 — TN Code / Title 8 / Chapter 25 / Section 8-25-204
Election of retirement system or optional retirement program - Time of election - Failure to elect - Transfer of membership
Status: in_force

(a) Notwithstanding any other law to the contrary, any individual who is exempt from the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.) and who is employed in a state-supported institution of higher education, including, but not limited to, the Tennessee colleges of applied technology, may elect membership either in the retirement system established in § 8-34-201 or in the optional retirement program established under this part. In all cases of doubt, the state treasurer shall determine whether the employee is eligible to participate in the optional retirement program. (b) As used in this part, the term "retirement system" has the same meaning as in § 8-34-101 . (c) Each eligible employee who elects to participate in an optional retirement program rather than the retirement system shall make the election in the manner prescribed by the state treasurer and shall file the election with the state treasurer and with the institution where the employee is employed. Any such election shall be irrevocable. (d) Any such eligible employee who is not already a member of the retirement system and who has not accumulated creditable service thereunder as a member of a local retirement fund shall make this election on the employee's initial date of employment with a state-supported institution of higher education. (e) Any member of the retirement system or any member of a local retirement fund having rights under the retirement system may elect to participate in the optional retirement program established under this part in lieu of participating in the retirement system while employed in a state-supported institution of higher education. Any such election shall become effective no later than the first day of the month following thirty (30) days' written notice to the retirement system and to the institution where the employee is employed. Such notification shall be made in a manner prescribed by the state treasurer. (f) Any eligible employee who fails to make the election as prescribed in this section shall be a member of the retirement system. (g) Notwithstanding any provision of this part or any other law to the contrary, any employee who, on or after January 1, 2005, attains either five (5) or more but less than six (6) years of creditable service in the optional retirement program, or five (5) or more but less than six (6) years of creditable service in the retirement system and the optional retirement program combined, shall have the option of transferring membership from the optional retirement program to the retirement system under the following terms and conditions: (1) The employee is employed in a position covered by the retirement system; (2) The election must be made in the manner prescribed by the state treasurer and filed with the state treasurer and the institution where the employee is employed by no later than the end of the calendar year following the year the employee completes five (5) years of creditable service; (3) Any such transfer shall include both past and prospective membership; (4) The transfer shall be irrevocable; (5) The employee must pay to the retirement system a sum equal to twelve and sixty-five hundredths percent (12.65%) of the employee's earnable compensation during the period of the employee's membership in the optional retirement program, plus interest on the amount at the rate provided in § 8-37-214 ; (6) Notwithstanding § 8-37-220 , the payment required under this subsection (g) shall be made in a lump sum to the retirement system by no later than the end of the calendar year following the year the employee completes five (5) years of creditable service, and may be funded in whole or in part from amounts transferred from the employee's accounts in the optional retirement program, from other eligible retirement accounts, or from other funds available to the employee. For the purposes of this subdivision (g)(6), amounts transferred from an eligible retirement account shall have the same meaning as described in § 8-37-214(g)(1) . Any difference between the payment required under this subsection (g) and the amount transferred from the optional retirement program or an eligible retirement account shall be paid to the retirement system within sixty (60) days following the transfer, but in any event no later than the end of the calendar year following the year the employee completes five (5) years of creditable service. Notwithstanding § 8-35-111 or any other law to the contrary, if the payment is not funded in whole or in part from amounts transferred from the optional retirement program, the employee shall be permitted to retain ownership of the amounts without violating § 8-35-111 ; (7) The employee shall have no rights, benefits, or privileges in the retirement system until the full amount of the payment required under this subsection (g) is received by the retirement system. In the event the employee fails to remit the full amount by the time specified in subdivision (g)(6), the employee shall irrevocably lose the employee's right to transfer membership from the optional retirement program to the retirement system; and (8) All payments made under this subsection (g) shall be credited to the state accumulation fund pursuant to § 8-37-301 and not to the individual accounts of members in the members' fund. (h) Any individual participating in the optional retirement program established under this part whose position is reclassified from exempt to non-exempt from the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.) after at least one (1) year of service in the exempt position shall maintain participation in the optional retirement program with respect to such non-exempt position. Amended by 2019 Tenn. Acts, ch. 381, s 1, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 576, s 10, eff. 3/16/2018. Amended by 2016 Tenn. Acts, ch. 962, Secs.s 13, s 14, s 15, s 18 eff. 4/27/2016. Acts 2015 , ch. 118, § 1.
(a) Notwithstanding any other law to the contrary, any individual who is exempt from the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.) and who is employed in a state-supported institution of higher education, including, but not limited to, the Tennessee colleges of applied technology, may elect membership either in the retirement system established in § 8-34-201 or in the optional retirement program established under this part. In all cases of doubt, the state treasurer shall determine whether the employee is eligible to participate in the optional retirement program.
(b) As used in this part, the term "retirement system" has the same meaning as in § 8-34-101 .
(c) Each eligible employee who elects to participate in an optional retirement program rather than the retirement system shall make the election in the manner prescribed by the state treasurer and shall file the election with the state treasurer and with the institution where the employee is employed. Any such election shall be irrevocable.
(d) Any such eligible employee who is not already a member of the retirement system and who has not accumulated creditable service thereunder as a member of a local retirement fund shall make this election on the employee's initial date of employment with a state-supported institution of higher education.
(e) Any member of the retirement system or any member of a local retirement fund having rights under the retirement system may elect to participate in the optional retirement program established under this part in lieu of participating in the retirement system while employed in a state-supported institution of higher education. Any such election shall become effective no later than the first day of the month following thirty (30) days' written notice to the retirement system and to the institution where the employee is employed. Such notification shall be made in a manner prescribed by the state treasurer.
(f) Any eligible employee who fails to make the election as prescribed in this section shall be a member of the retirement system.
(g) Notwithstanding any provision of this part or any other law to the contrary, any employee who, on or after January 1, 2005, attains either five (5) or more but less than six (6) years of creditable service in the optional retirement program, or five (5) or more but less than six (6) years of creditable service in the retirement system and the optional retirement program combined, shall have the option of transferring membership from the optional retirement program to the retirement system under the following terms and conditions: (1) The employee is employed in a position covered by the retirement system; (2) The election must be made in the manner prescribed by the state treasurer and filed with the state treasurer and the institution where the employee is employed by no later than the end of the calendar year following the year the employee completes five (5) years of creditable service; (3) Any such transfer shall include both past and prospective membership; (4) The transfer shall be irrevocable; (5) The employee must pay to the retirement system a sum equal to twelve and sixty-five hundredths percent (12.65%) of the employee's earnable compensation during the period of the employee's membership in the optional retirement program, plus interest on the amount at the rate provided in § 8-37-214 ; (6) Notwithstanding § 8-37-220 , the payment required under this subsection (g) shall be made in a lump sum to the retirement system by no later than the end of the calendar year following the year the employee completes five (5) years of creditable service, and may be funded in whole or in part from amounts transferred from the employee's accounts in the optional retirement program, from other eligible retirement accounts, or from other funds available to the employee. For the purposes of this subdivision (g)(6), amounts transferred from an eligible retirement account shall have the same meaning as described in § 8-37-214(g)(1) . Any difference between the payment required under this subsection (g) and the amount transferred from the optional retirement program or an eligible retirement account shall be paid to the retirement system within sixty (60) days following the transfer, but in any event no later than the end of the calendar year following the year the employee completes five (5) years of creditable service. Notwithstanding § 8-35-111 or any other law to the contrary, if the payment is not funded in whole or in part from amounts transferred from the optional retirement program, the employee shall be permitted to retain ownership of the amounts without violating § 8-35-111 ; (7) The employee shall have no rights, benefits, or privileges in the retirement system until the full amount of the payment required under this subsection (g) is received by the retirement system. In the event the employee fails to remit the full amount by the time specified in subdivision (g)(6), the employee shall irrevocably lose the employee's right to transfer membership from the optional retirement program to the retirement system; and (8) All payments made under this subsection (g) shall be credited to the state accumulation fund pursuant to § 8-37-301 and not to the individual accounts of members in the members' fund.
(1) The employee is employed in a position covered by the retirement system;
(2) The election must be made in the manner prescribed by the state treasurer and filed with the state treasurer and the institution where the employee is employed by no later than the end of the calendar year following the year the employee completes five (5) years of creditable service;
(3) Any such transfer shall include both past and prospective membership;
(4) The transfer shall be irrevocable;
(5) The employee must pay to the retirement system a sum equal to twelve and sixty-five hundredths percent (12.65%) of the employee's earnable compensation during the period of the employee's membership in the optional retirement program, plus interest on the amount at the rate provided in § 8-37-214 ;
(6) Notwithstanding § 8-37-220 , the payment required under this subsection (g) shall be made in a lump sum to the retirement system by no later than the end of the calendar year following the year the employee completes five (5) years of creditable service, and may be funded in whole or in part from amounts transferred from the employee's accounts in the optional retirement program, from other eligible retirement accounts, or from other funds available to the employee. For the purposes of this subdivision (g)(6), amounts transferred from an eligible retirement account shall have the same meaning as described in § 8-37-214(g)(1) . Any difference between the payment required under this subsection (g) and the amount transferred from the optional retirement program or an eligible retirement account shall be paid to the retirement system within sixty (60) days following the transfer, but in any event no later than the end of the calendar year following the year the employee completes five (5) years of creditable service. Notwithstanding § 8-35-111 or any other law to the contrary, if the payment is not funded in whole or in part from amounts transferred from the optional retirement program, the employee shall be permitted to retain ownership of the amounts without violating § 8-35-111 ;
(7) The employee shall have no rights, benefits, or privileges in the retirement system until the full amount of the payment required under this subsection (g) is received by the retirement system. In the event the employee fails to remit the full amount by the time specified in subdivision (g)(6), the employee shall irrevocably lose the employee's right to transfer membership from the optional retirement program to the retirement system; and
(8) All payments made under this subsection (g) shall be credited to the state accumulation fund pursuant to § 8-37-301 and not to the individual accounts of members in the members' fund.
(h) Any individual participating in the optional retirement program established under this part whose position is reclassified from exempt to non-exempt from the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.) after at least one (1) year of service in the exempt position shall maintain participation in the optional retirement program with respect to such non-exempt position.
Amended by 2019 Tenn. Acts, ch. 381, s 1, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 576, s 10, eff. 3/16/2018.
Amended by 2016 Tenn. Acts, ch. 962, Secs.s 13, s 14, s 15, s 18 eff. 4/27/2016.
Acts 2015 , ch. 118, § 1.
Tenn. Code Ann. § 8-34-602 — TN Code / Title 8 / Chapter 34 / Section 8-34-602
Credit for service in superseded systems
Status: in_force

(a) In addition, each member who on June 30, 1972, shall have been a member of a superseded system shall receive prior service credit for all service with which such member shall have been credited as of June 30, 1972, under any superseded system. Any such member shall be entitled to receive credit for any service prior to the effective date of such superseded system for which such member would have been entitled to claim credit under such superseded system; provided, that such member makes application therefor to the retirement system in the manner prescribed by the retirement system. (b) (1) Any member who served in a position covered by the superseded state retirement system who elected not to join such system and who subsequently becomes a member of the state retirement system or the Tennessee consolidated retirement system, and who has been employed for twenty (20) years of total service with the state or participating political subdivisions, shall now be able to claim all prior state service in Group 1 upon proper documentation as required by the board of trustees of the Tennessee consolidated retirement system; provided, that such member does not have credit for such service in any other public employee retirement system. (2) Such member shall pay in a lump sum an amount equal to the amount such member would have contributed had such member been a member of the superseded state retirement system and/or the Tennessee consolidated retirement system, plus interest at the rate designated in § 8-37-214 . (c) Any teacher who is a member may claim any service rendered in the employment of the state prior to July 1, 1972; provided, that such member makes a back contribution or redeposit as provided in § 8-37-214 . (d) (1) Any member in Group 1 may establish retirement credit for previous service rendered as an agriculture county agent or home demonstration agent or assistant thereto under the following conditions: (A) The member is not and never has been vested in any other retirement system, including the United States Civil Service Retirement Act ( 5 U.S.C. § 8331 et seq.), as amended October 20, 1969, based in whole or in part on such previous service; (B) The previous service must be certified on proper documents as required by the retirement division; and (C) The member shall make a lump sum payment equal to ten percent (10%) of the member's earnable compensation during such period of service, plus interest at the rate provided by § 8-37-214 . (2) Any such services in these capacities rendered prior to 1945 shall be credited to the member without cost. (e) Any superintendent of schools who withdrew such superintendent's total contributions and time credits from the superseded Tennessee teachers' retirement system and transferred that portion of time served as superintendent of schools into the Tennessee county officials' retirement system may, upon request to the board of trustees of the Tennessee consolidated retirement system, reestablish that portion of time credit withdrawn from the superseded Tennessee teachers' retirement system and not eligible for time credits in the superseded county officials' retirement system may claim this service in Group 1 by proper documentation to the board and paying in a lump sum an amount equal to the amount contributed as a teacher, plus interest at the rate designated in § 8-37-214 , based on the time the contributions were withdrawn to the time the payment was made. Upon retirement, benefits shall be computed based on creditable service established under Groups 1 and 3 and added to the benefits computed under the superseded county officials' retirement system. (f) Any member participating in the retirement system pursuant to § 8-35-121 who served in a full-time position covered by the superseded state retirement system or the Tennessee consolidated retirement system and who has never received retirement credit for such service may claim such service upon payment in a lump sum of the contributions which would have been made during such employment. Any member who has been refunded contributions for such service shall not be eligible to reestablish service under this subsection (f). In no event shall this section be construed to extend retirement credit to state employees unrelated to the programs for the blind. (g) (1) Any prior class county official who was employed by a county official prior to becoming covered by the superseded retirement system for county officials shall be eligible for prior service credit in the superseded retirement system for county officials for the time served as an employee of a county official. (2) Any additional service credit established under this subsection (g) shall be funded by payment of a lump sum amount equal to the amount such official would have contributed had the official been a member of the superseded retirement system for county officials, plus interest at the rate designated in § 8-37-214 , and any additional amount as determined by the board of trustees of the Tennessee consolidated retirement system required to fund the liability created by this subsection (g). The payment for this service may be made by the member or by appropriation of funds for this purpose by the member's county legislative body. No benefits shall be paid as a result of service credit established under this subsection (g), until the same is fully funded according to this subsection (g). Amended by 2016 Tenn. Acts, ch. 962, s 20, eff. 4/27/2016. Acts 1972, ch. 814, § 4; 1973, ch. 347, §§ 7, 8, 26; 1975, ch. 315, § 12; 1977, ch. 400, § 4; 1979, ch. 320, §§ 10, 13; T.C.A., §§ 8-3904, 8-3935(4)(c); Acts 1983, ch. 185, § 1; 1985, ch. 391, § 1; 1985, ch. 449, § 24; 1989, ch. 505, § 2; 2004, ch. 631, § 3.
(a) In addition, each member who on June 30, 1972, shall have been a member of a superseded system shall receive prior service credit for all service with which such member shall have been credited as of June 30, 1972, under any superseded system. Any such member shall be entitled to receive credit for any service prior to the effective date of such superseded system for which such member would have been entitled to claim credit under such superseded system; provided, that such member makes application therefor to the retirement system in the manner prescribed by the retirement system.
(b) (1) Any member who served in a position covered by the superseded state retirement system who elected not to join such system and who subsequently becomes a member of the state retirement system or the Tennessee consolidated retirement system, and who has been employed for twenty (20) years of total service with the state or participating political subdivisions, shall now be able to claim all prior state service in Group 1 upon proper documentation as required by the board of trustees of the Tennessee consolidated retirement system; provided, that such member does not have credit for such service in any other public employee retirement system. (2) Such member shall pay in a lump sum an amount equal to the amount such member would have contributed had such member been a member of the superseded state retirement system and/or the Tennessee consolidated retirement system, plus interest at the rate designated in § 8-37-214 .
(1) Any member who served in a position covered by the superseded state retirement system who elected not to join such system and who subsequently becomes a member of the state retirement system or the Tennessee consolidated retirement system, and who has been employed for twenty (20) years of total service with the state or participating political subdivisions, shall now be able to claim all prior state service in Group 1 upon proper documentation as required by the board of trustees of the Tennessee consolidated retirement system; provided, that such member does not have credit for such service in any other public employee retirement system.
(2) Such member shall pay in a lump sum an amount equal to the amount such member would have contributed had such member been a member of the superseded state retirement system and/or the Tennessee consolidated retirement system, plus interest at the rate designated in § 8-37-214 .
(c) Any teacher who is a member may claim any service rendered in the employment of the state prior to July 1, 1972; provided, that such member makes a back contribution or redeposit as provided in § 8-37-214 .
(d) (1) Any member in Group 1 may establish retirement credit for previous service rendered as an agriculture county agent or home demonstration agent or assistant thereto under the following conditions: (A) The member is not and never has been vested in any other retirement system, including the United States Civil Service Retirement Act ( 5 U.S.C. § 8331 et seq.), as amended October 20, 1969, based in whole or in part on such previous service; (B) The previous service must be certified on proper documents as required by the retirement division; and (C) The member shall make a lump sum payment equal to ten percent (10%) of the member's earnable compensation during such period of service, plus interest at the rate provided by § 8-37-214 . (2) Any such services in these capacities rendered prior to 1945 shall be credited to the member without cost.
(1) Any member in Group 1 may establish retirement credit for previous service rendered as an agriculture county agent or home demonstration agent or assistant thereto under the following conditions: (A) The member is not and never has been vested in any other retirement system, including the United States Civil Service Retirement Act ( 5 U.S.C. § 8331 et seq.), as amended October 20, 1969, based in whole or in part on such previous service; (B) The previous service must be certified on proper documents as required by the retirement division; and (C) The member shall make a lump sum payment equal to ten percent (10%) of the member's earnable compensation during such period of service, plus interest at the rate provided by § 8-37-214 .
(A) The member is not and never has been vested in any other retirement system, including the United States Civil Service Retirement Act ( 5 U.S.C. § 8331 et seq.), as amended October 20, 1969, based in whole or in part on such previous service;
(B) The previous service must be certified on proper documents as required by the retirement division; and
(C) The member shall make a lump sum payment equal to ten percent (10%) of the member's earnable compensation during such period of service, plus interest at the rate provided by § 8-37-214 .
(2) Any such services in these capacities rendered prior to 1945 shall be credited to the member without cost.
(e) Any superintendent of schools who withdrew such superintendent's total contributions and time credits from the superseded Tennessee teachers' retirement system and transferred that portion of time served as superintendent of schools into the Tennessee county officials' retirement system may, upon request to the board of trustees of the Tennessee consolidated retirement system, reestablish that portion of time credit withdrawn from the superseded Tennessee teachers' retirement system and not eligible for time credits in the superseded county officials' retirement system may claim this service in Group 1 by proper documentation to the board and paying in a lump sum an amount equal to the amount contributed as a teacher, plus interest at the rate designated in § 8-37-214 , based on the time the contributions were withdrawn to the time the payment was made. Upon retirement, benefits shall be computed based on creditable service established under Groups 1 and 3 and added to the benefits computed under the superseded county officials' retirement system.
(f) Any member participating in the retirement system pursuant to § 8-35-121 who served in a full-time position covered by the superseded state retirement system or the Tennessee consolidated retirement system and who has never received retirement credit for such service may claim such service upon payment in a lump sum of the contributions which would have been made during such employment. Any member who has been refunded contributions for such service shall not be eligible to reestablish service under this subsection (f). In no event shall this section be construed to extend retirement credit to state employees unrelated to the programs for the blind.
(g) (1) Any prior class county official who was employed by a county official prior to becoming covered by the superseded retirement system for county officials shall be eligible for prior service credit in the superseded retirement system for county officials for the time served as an employee of a county official. (2) Any additional service credit established under this subsection (g) shall be funded by payment of a lump sum amount equal to the amount such official would have contributed had the official been a member of the superseded retirement system for county officials, plus interest at the rate designated in § 8-37-214 , and any additional amount as determined by the board of trustees of the Tennessee consolidated retirement system required to fund the liability created by this subsection (g). The payment for this service may be made by the member or by appropriation of funds for this purpose by the member's county legislative body. No benefits shall be paid as a result of service credit established under this subsection (g), until the same is fully funded according to this subsection (g).
(1) Any prior class county official who was employed by a county official prior to becoming covered by the superseded retirement system for county officials shall be eligible for prior service credit in the superseded retirement system for county officials for the time served as an employee of a county official.
(2) Any additional service credit established under this subsection (g) shall be funded by payment of a lump sum amount equal to the amount such official would have contributed had the official been a member of the superseded retirement system for county officials, plus interest at the rate designated in § 8-37-214 , and any additional amount as determined by the board of trustees of the Tennessee consolidated retirement system required to fund the liability created by this subsection (g). The payment for this service may be made by the member or by appropriation of funds for this purpose by the member's county legislative body. No benefits shall be paid as a result of service credit established under this subsection (g), until the same is fully funded according to this subsection (g).
Amended by 2016 Tenn. Acts, ch. 962, s 20, eff. 4/27/2016.
Acts 1972, ch. 814, § 4; 1973, ch. 347, §§ 7, 8, 26; 1975, ch. 315, § 12; 1977, ch. 400, § 4; 1979, ch. 320, §§ 10, 13; T.C.A., §§ 8-3904, 8-3935(4)(c); Acts 1983, ch. 185, § 1; 1985, ch. 391, § 1; 1985, ch. 449, § 24; 1989, ch. 505, § 2; 2004, ch. 631, § 3.
Tenn. Code Ann. § 8-42-101 — TN Code / Title 8 / Chapter 42 / Section 8-42-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Attorney general and reporter" means the attorney general and reporter of Tennessee; (2) "Counsel" means any practicing attorney licensed to practice law in the state; and (3) (A) "State employee" means any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly, or any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal funds, but does not include any person employed on a contractual or percentage basis. "State employee" includes a foster parent under a contract with the state, or with an agency under contract with the state, to provide foster home care for children in the care and custody of the state and within the confines of the foster parent-child relationship. Notwithstanding any statute to the contrary, for the purposes of provision of legal representation, "state employee" also includes employees of community service agencies, and for purposes of §§ 9-8-112 and 9-8-307 , including, but not limited to, § 9-8-307(a)(1)(K) , "state employee" also includes employees of community service agencies. "State employee" also includes a contract security employee working with the department of children's services, solely to the extent that such contract security employee shall be permitted to drive a state vehicle pursuant to the rules and regulations of the department of general services, division of motor vehicle management, if such contract security employee's duties include the transportation of juveniles and, such contract security employee shall not be considered a state employee for any other purpose; (B) "State employee" also includes any person designated by a department or agency head as a participant in a volunteer program authorized by the department or agency head. "State employee" also includes community service agency volunteers designated by the commissioner of health; provided, that designated volunteers who are medical professionals providing direct health care pursuant to title 37, chapter 5, part 3 shall be considered state employees solely for the category of "professional liability" pursuant to § 9-8-307 . Volunteers shall not be eligible for workers' compensation benefits from the state. It is the duty of each agency and department to register with the board of claims the names of all persons participating in a volunteer program authorized by such department or agency head. If an agency or department head fails to register the name of a volunteer with the board of claims, any amounts paid by the state pursuant to this chapter or title 9, chapter 8 as a result of the volunteer's actions shall be funded through the agency's or department's budget. The commissioner of finance and administration is authorized to promulgate rules and regulations to determine who is qualified to be designated as a volunteer. Such rules and regulations may set forth the criteria for qualification of participants in volunteer programs. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (C) "State employee" under this chapter and under title 9, chapter 8, also includes, as a volunteer, a person designated by the district attorney general of each judicial district as a member of a judicial district task force relating to the investigation and prosecution of drug cases. The district attorney general of each judicial district shall register only the names of properly qualified and designated task force members with the board of claims. Any member of such a task force designated by the district attorney general shall meet the criteria for qualifying as such a member pursuant to § 8-7-110 and as set forth in rules and regulations promulgated by the commissioner of finance and administration. The commissioner, after consultation with the department of safety and the Tennessee bureau of investigation, is authorized to promulgate rules and regulations to determine who shall qualify to be designated as a member of such judicial district task forces. Such rules and regulations may set criteria for qualifications of members and may set limits on the numbers of task force members from each district who may be registered. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act. Task force members are not eligible for workers' compensation benefits from the state of Tennessee; (D) "State employee" also includes persons who are members of community-based screening processes or mandatory pre-screening agents that function under title 33, chapter 6, and who screen individuals to make judgments required by title 33, chapter 6. "State employee" further includes the department of mental health and substance abuse services "medical consultant"; this individual shall be a licensed physician who is designated by the commissioner of mental health and substance abuse services to provide medical consultation and advisory services to and on behalf of the commissioner and to the department of mental health and substance abuse services under title 33. "State employee" further includes any physician, psychologist or designated professional, while acting under § 33-6-404(3)(B)(iii) , who is engaged in assessing the need or absence of need for physical restraint or vehicle security during transportation to a hospital or treatment resource. The commissioner shall register only the names of properly qualified and designated persons with the board of claims. Persons designated under this subdivision (3)(D) are not eligible for workers' compensation benefits from the state of Tennessee. For purposes of legal actions resulting from acts or omissions by these properly qualified and designated persons while performing duties referenced in this subdivision (3)(D), the state shall be considered the sole employer of these persons; (E) "State employee" also includes, solely for purposes of this chapter and under § 9-8-307(a)(1)(A), (D), (E), (F), (M), (N), (Q) and (R) , staff of a child advocacy center that meets the requirements for funding under § 9-4-213(a) or that qualifies for start-up funding as a new child advocacy center under § 9-4-213(b) , to the extent the person is performing functions authorized by § 9-4-213 . "State employee" does not include any person employed on a contractual or percentage basis. Such staff shall not be eligible for workers' compensation or other benefits from the state, nor shall such staff be members of the Tennessee consolidated retirement system; (F) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a person directly participating or selected to directly participate in the process of executing a sentence of death as a contractor or volunteer. Such persons shall not be eligible for any other state employee benefits, including, but not limited to, workers' compensation, nor shall they be members of the Tennessee consolidated retirement system; (G) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a qualified individual employed pursuant to § 68-115-203(b) to assist ring officials and commission members pursuant to § 68-115-203(b) in the regulation of professional contests under title 68, chapter 115, part 2. Such individuals shall not be eligible for any other state employee benefits, including, but not limited to, workers' compensation, nor shall they be members of the Tennessee consolidated retirement system; (H) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , directors, officers, employees of the Doe Mountain recreation authority, and persons designated by the authority as participants in volunteer programs authorized by the authority; and (I) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a contracted court reporter when the contracted court reporter is named in a civil action for damages alleging an act or omission by the contracted court reporter in the course of performing the contracted court reporter's official duties. Amended by 2022 Tenn. Acts, ch. 853, s 1, eff. 4/20/2022. Amended by 2017 Tenn. Acts, ch. 213, s 1, eff. 4/28/2017. Amended by 2014 Tenn. Acts, ch. 830, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 32, s 3, eff. 3/20/2013. Acts 1973, ch. 128, § 1; T.C.A., § 8-4201; Acts 1980, ch. 527, § 1; 1984, ch. 972, § 19; 1985, ch. 105, § 11; 1989, ch. 28, § 1; 1989, ch. 63, § 1; 1993, ch. 530, § 1; 1995, ch. 370, §§1, 9, 10; 1995, ch. 505, § 1; 1996, ch. 1079, § 28; 1999, ch. 461, §1; 2000, ch. 947, § 6; 2001, ch. 377, §§ 1, 2; 2004, ch. 908, §2; 2009 , ch. 100, § 1; 2009 , ch. 468, § 3; 2009 , ch. 598, § 12; 2010 , ch. 1100, § 20; 2012 , ch. 575, §§ 1, 2; 2012 , ch. 798, § 3.
As used in this chapter, unless the context otherwise requires:
(1) "Attorney general and reporter" means the attorney general and reporter of Tennessee;
(2) "Counsel" means any practicing attorney licensed to practice law in the state; and
(3) (A) "State employee" means any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly, or any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal funds, but does not include any person employed on a contractual or percentage basis. "State employee" includes a foster parent under a contract with the state, or with an agency under contract with the state, to provide foster home care for children in the care and custody of the state and within the confines of the foster parent-child relationship. Notwithstanding any statute to the contrary, for the purposes of provision of legal representation, "state employee" also includes employees of community service agencies, and for purposes of §§ 9-8-112 and 9-8-307 , including, but not limited to, § 9-8-307(a)(1)(K) , "state employee" also includes employees of community service agencies. "State employee" also includes a contract security employee working with the department of children's services, solely to the extent that such contract security employee shall be permitted to drive a state vehicle pursuant to the rules and regulations of the department of general services, division of motor vehicle management, if such contract security employee's duties include the transportation of juveniles and, such contract security employee shall not be considered a state employee for any other purpose; (B) "State employee" also includes any person designated by a department or agency head as a participant in a volunteer program authorized by the department or agency head. "State employee" also includes community service agency volunteers designated by the commissioner of health; provided, that designated volunteers who are medical professionals providing direct health care pursuant to title 37, chapter 5, part 3 shall be considered state employees solely for the category of "professional liability" pursuant to § 9-8-307 . Volunteers shall not be eligible for workers' compensation benefits from the state. It is the duty of each agency and department to register with the board of claims the names of all persons participating in a volunteer program authorized by such department or agency head. If an agency or department head fails to register the name of a volunteer with the board of claims, any amounts paid by the state pursuant to this chapter or title 9, chapter 8 as a result of the volunteer's actions shall be funded through the agency's or department's budget. The commissioner of finance and administration is authorized to promulgate rules and regulations to determine who is qualified to be designated as a volunteer. Such rules and regulations may set forth the criteria for qualification of participants in volunteer programs. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (C) "State employee" under this chapter and under title 9, chapter 8, also includes, as a volunteer, a person designated by the district attorney general of each judicial district as a member of a judicial district task force relating to the investigation and prosecution of drug cases. The district attorney general of each judicial district shall register only the names of properly qualified and designated task force members with the board of claims. Any member of such a task force designated by the district attorney general shall meet the criteria for qualifying as such a member pursuant to § 8-7-110 and as set forth in rules and regulations promulgated by the commissioner of finance and administration. The commissioner, after consultation with the department of safety and the Tennessee bureau of investigation, is authorized to promulgate rules and regulations to determine who shall qualify to be designated as a member of such judicial district task forces. Such rules and regulations may set criteria for qualifications of members and may set limits on the numbers of task force members from each district who may be registered. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act. Task force members are not eligible for workers' compensation benefits from the state of Tennessee; (D) "State employee" also includes persons who are members of community-based screening processes or mandatory pre-screening agents that function under title 33, chapter 6, and who screen individuals to make judgments required by title 33, chapter 6. "State employee" further includes the department of mental health and substance abuse services "medical consultant"; this individual shall be a licensed physician who is designated by the commissioner of mental health and substance abuse services to provide medical consultation and advisory services to and on behalf of the commissioner and to the department of mental health and substance abuse services under title 33. "State employee" further includes any physician, psychologist or designated professional, while acting under § 33-6-404(3)(B)(iii) , who is engaged in assessing the need or absence of need for physical restraint or vehicle security during transportation to a hospital or treatment resource. The commissioner shall register only the names of properly qualified and designated persons with the board of claims. Persons designated under this subdivision (3)(D) are not eligible for workers' compensation benefits from the state of Tennessee. For purposes of legal actions resulting from acts or omissions by these properly qualified and designated persons while performing duties referenced in this subdivision (3)(D), the state shall be considered the sole employer of these persons; (E) "State employee" also includes, solely for purposes of this chapter and under § 9-8-307(a)(1)(A), (D), (E), (F), (M), (N), (Q) and (R) , staff of a child advocacy center that meets the requirements for funding under § 9-4-213(a) or that qualifies for start-up funding as a new child advocacy center under § 9-4-213(b) , to the extent the person is performing functions authorized by § 9-4-213 . "State employee" does not include any person employed on a contractual or percentage basis. Such staff shall not be eligible for workers' compensation or other benefits from the state, nor shall such staff be members of the Tennessee consolidated retirement system; (F) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a person directly participating or selected to directly participate in the process of executing a sentence of death as a contractor or volunteer. Such persons shall not be eligible for any other state employee benefits, including, but not limited to, workers' compensation, nor shall they be members of the Tennessee consolidated retirement system; (G) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a qualified individual employed pursuant to § 68-115-203(b) to assist ring officials and commission members pursuant to § 68-115-203(b) in the regulation of professional contests under title 68, chapter 115, part 2. Such individuals shall not be eligible for any other state employee benefits, including, but not limited to, workers' compensation, nor shall they be members of the Tennessee consolidated retirement system; (H) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , directors, officers, employees of the Doe Mountain recreation authority, and persons designated by the authority as participants in volunteer programs authorized by the authority; and (I) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a contracted court reporter when the contracted court reporter is named in a civil action for damages alleging an act or omission by the contracted court reporter in the course of performing the contracted court reporter's official duties.
(A) "State employee" means any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly, or any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal funds, but does not include any person employed on a contractual or percentage basis. "State employee" includes a foster parent under a contract with the state, or with an agency under contract with the state, to provide foster home care for children in the care and custody of the state and within the confines of the foster parent-child relationship. Notwithstanding any statute to the contrary, for the purposes of provision of legal representation, "state employee" also includes employees of community service agencies, and for purposes of §§ 9-8-112 and 9-8-307 , including, but not limited to, § 9-8-307(a)(1)(K) , "state employee" also includes employees of community service agencies. "State employee" also includes a contract security employee working with the department of children's services, solely to the extent that such contract security employee shall be permitted to drive a state vehicle pursuant to the rules and regulations of the department of general services, division of motor vehicle management, if such contract security employee's duties include the transportation of juveniles and, such contract security employee shall not be considered a state employee for any other purpose;
(B) "State employee" also includes any person designated by a department or agency head as a participant in a volunteer program authorized by the department or agency head. "State employee" also includes community service agency volunteers designated by the commissioner of health; provided, that designated volunteers who are medical professionals providing direct health care pursuant to title 37, chapter 5, part 3 shall be considered state employees solely for the category of "professional liability" pursuant to § 9-8-307 . Volunteers shall not be eligible for workers' compensation benefits from the state. It is the duty of each agency and department to register with the board of claims the names of all persons participating in a volunteer program authorized by such department or agency head. If an agency or department head fails to register the name of a volunteer with the board of claims, any amounts paid by the state pursuant to this chapter or title 9, chapter 8 as a result of the volunteer's actions shall be funded through the agency's or department's budget. The commissioner of finance and administration is authorized to promulgate rules and regulations to determine who is qualified to be designated as a volunteer. Such rules and regulations may set forth the criteria for qualification of participants in volunteer programs. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(C) "State employee" under this chapter and under title 9, chapter 8, also includes, as a volunteer, a person designated by the district attorney general of each judicial district as a member of a judicial district task force relating to the investigation and prosecution of drug cases. The district attorney general of each judicial district shall register only the names of properly qualified and designated task force members with the board of claims. Any member of such a task force designated by the district attorney general shall meet the criteria for qualifying as such a member pursuant to § 8-7-110 and as set forth in rules and regulations promulgated by the commissioner of finance and administration. The commissioner, after consultation with the department of safety and the Tennessee bureau of investigation, is authorized to promulgate rules and regulations to determine who shall qualify to be designated as a member of such judicial district task forces. Such rules and regulations may set criteria for qualifications of members and may set limits on the numbers of task force members from each district who may be registered. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act. Task force members are not eligible for workers' compensation benefits from the state of Tennessee;
(D) "State employee" also includes persons who are members of community-based screening processes or mandatory pre-screening agents that function under title 33, chapter 6, and who screen individuals to make judgments required by title 33, chapter 6. "State employee" further includes the department of mental health and substance abuse services "medical consultant"; this individual shall be a licensed physician who is designated by the commissioner of mental health and substance abuse services to provide medical consultation and advisory services to and on behalf of the commissioner and to the department of mental health and substance abuse services under title 33. "State employee" further includes any physician, psychologist or designated professional, while acting under § 33-6-404(3)(B)(iii) , who is engaged in assessing the need or absence of need for physical restraint or vehicle security during transportation to a hospital or treatment resource. The commissioner shall register only the names of properly qualified and designated persons with the board of claims. Persons designated under this subdivision (3)(D) are not eligible for workers' compensation benefits from the state of Tennessee. For purposes of legal actions resulting from acts or omissions by these properly qualified and designated persons while performing duties referenced in this subdivision (3)(D), the state shall be considered the sole employer of these persons;
(E) "State employee" also includes, solely for purposes of this chapter and under § 9-8-307(a)(1)(A), (D), (E), (F), (M), (N), (Q) and (R) , staff of a child advocacy center that meets the requirements for funding under § 9-4-213(a) or that qualifies for start-up funding as a new child advocacy center under § 9-4-213(b) , to the extent the person is performing functions authorized by § 9-4-213 . "State employee" does not include any person employed on a contractual or percentage basis. Such staff shall not be eligible for workers' compensation or other benefits from the state, nor shall such staff be members of the Tennessee consolidated retirement system;
(F) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a person directly participating or selected to directly participate in the process of executing a sentence of death as a contractor or volunteer. Such persons shall not be eligible for any other state employee benefits, including, but not limited to, workers' compensation, nor shall they be members of the Tennessee consolidated retirement system;
(G) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a qualified individual employed pursuant to § 68-115-203(b) to assist ring officials and commission members pursuant to § 68-115-203(b) in the regulation of professional contests under title 68, chapter 115, part 2. Such individuals shall not be eligible for any other state employee benefits, including, but not limited to, workers' compensation, nor shall they be members of the Tennessee consolidated retirement system;
(H) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , directors, officers, employees of the Doe Mountain recreation authority, and persons designated by the authority as participants in volunteer programs authorized by the authority; and
(I) "State employee" also includes, solely for purposes of this chapter and under §§ 9-8-112 and 9-8-307 , a contracted court reporter when the contracted court reporter is named in a civil action for damages alleging an act or omission by the contracted court reporter in the course of performing the contracted court reporter's official duties.
Amended by 2022 Tenn. Acts, ch. 853, s 1, eff. 4/20/2022.
Amended by 2017 Tenn. Acts, ch. 213, s 1, eff. 4/28/2017.
Amended by 2014 Tenn. Acts, ch. 830, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 32, s 3, eff. 3/20/2013.
Acts 1973, ch. 128, § 1; T.C.A., § 8-4201; Acts 1980, ch. 527, § 1; 1984, ch. 972, § 19; 1985, ch. 105, § 11; 1989, ch. 28, § 1; 1989, ch. 63, § 1; 1993, ch. 530, § 1; 1995, ch. 370, §§1, 9, 10; 1995, ch. 505, § 1; 1996, ch. 1079, § 28; 1999, ch. 461, §1; 2000, ch. 947, § 6; 2001, ch. 377, §§ 1, 2; 2004, ch. 908, §2; 2009 , ch. 100, § 1; 2009 , ch. 468, § 3; 2009 , ch. 598, § 12; 2010 , ch. 1100, § 20; 2012 , ch. 575, §§ 1, 2; 2012 , ch. 798, § 3.
Tenn. Code Ann. § 8-34-310 — TN Code / Title 8 / Chapter 34 / Section 8-34-310
Quorum
Status: in_force

Nine (9) voting members of the board shall constitute a quorum. Acts 1972, ch. 814, § 6; T.C.A., § 8-3925; Acts 1981, ch. 387, § 4; 1985, ch. 244, § 3.
Nine (9) voting members of the board shall constitute a quorum.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925; Acts 1981, ch. 387, § 4; 1985, ch. 244, § 3.
Tenn. Code Ann. § 8-34-302 — TN Code / Title 8 / Chapter 34 / Section 8-34-302
§ 8-34-302
Status: in_force

(a) The board shall consist of twenty (20) members as follows: (1) The state treasurer, ex officio; (2) The director of the division of retirement, ex officio; (3) The commissioner of finance and administration, ex officio; (4) The comptroller of the treasury, ex officio; (5) The administrative director of the courts, ex officio; (6) The commissioner of human resources, ex officio; (7) The secretary of state, ex officio; (8) The chair and vice chair of the council on pensions, ex officio; but whose membership is qualified as follows: (A) Such members shall not be voting members of the board of trustees; and (B) Such members shall be entitled to receive expenses and mileage allowance at the same rate as provided by § 3-1-106 for each meeting of the board of trustees; (9) Three (3) members of the retirement system who are teachers: (A) Two (2) teacher trustees shall be appointed by the speaker of the senate and one (1) teacher trustee shall be appointed by the speaker of the house of representatives. No two (2) of the teacher trustees shall be from the same grand division of the state. The speaker of the senate shall appoint the teacher trustees serving from the eastern and western grand divisions. The speaker of the house of representatives shall appoint the teacher trustee serving from the middle grand division. Professional education employees' organizations may recommend to the speaker of the senate and the speaker of the house of representatives persons for appointment to teacher trustee positions; however, the speaker of the senate and the speaker of the house of representatives need not appoint any person so recommended. (B) Each teacher member shall serve a three-year term; (10) Two (2) members of the retirement system who are state employees, not from the same department, commission, board, agency or institution, or any department represented by an ex officio member, at least one (1) of whom shall be a general employee, who shall serve for a term of three (3) years. The two (2) state employee trustees shall be elected by state employee members of the retirement system in accordance with rules and procedures as the board of trustees shall prescribe; (11) One (1) vested member of the retirement system who shall be appointed by the board of directors of the Tennessee County Services Association to serve for a period of two (2) years; (12) One (1) vested member of the retirement system who shall be appointed by the board of directors of the Tennessee Municipal League to serve for a period of two (2) years; (13) One (1) vested member of the retirement system who shall be appointed by the board of directors of the County Officials Association of Tennessee to serve for a period of two (2) years; (14) One (1) retired state or higher education employee member of the retirement system who shall be appointed by the governor to serve for a period of two (2) years; (15) One (1) retired teacher, who is a vested member of the Tennessee consolidated retirement system, to be appointed by the speaker of the house of representatives. The term of the retired teacher trustee shall be for three (3) years. Professional education employees' organizations may recommend to the speaker of the house of representatives persons for appointment to the retired teacher trustee position; however, the speaker need not appoint any person so recommended; and (16) One (1) police officer who shall serve a term of three (3) years commencing on July 1, 2007, and who, upon completion of that member's term, shall be replaced by a firefighter. Thereafter, the appointment of the board member shall alternate between a firefighter and a police officer for each successive three-year term. The board member shall be appointed as follows: (A) The police officer representative shall be appointed by the governor from lists of qualified persons submitted by interested law enforcement groups including, but not limited to, the professional organizations that represent police officers in this state; and (B) The firefighter representative shall be appointed by the governor from lists of qualified persons submitted by interested firefighter groups including, but not limited to, professional firefighter associations. (b) (1) Board members appointed pursuant to subdivisions (a)(9)-(16) shall attend at least fifty percent (50%) of the required quarterly meetings. (2) Any board member who fails to attend meetings as required in subdivision (b)(1) shall be removed as a member by the appointing authority. (c) Except for ex officio members, all persons shall be fully vested members of the retirement system in order to qualify to serve on the board of trustees. Amended by 2021 Tenn. Acts, ch. 303, s 7, eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 35, s 3, eff. 3/27/2015. Acts 1972, ch. 814, § 6; 1973, ch. 213, § 1; 1974, ch. 788, § 3; 1977, ch. 400, § 6; T.C.A., § 8-3925; modified; Acts 1980, ch. 654, § 12; 1981, ch. 387, § 3; 1985, ch. 244, §§ 1, 2; 1992, ch. 920, §§ 1, 2; 1993, ch. 66, § 8; 1999, ch. 79, § 1; 2001, ch. 58, § 5; 2004, ch. 905, §§ 1 - 6; 2005, ch. 204, § 26; 2006, ch. 870, §§ 8, 9; 2007 , ch. 508, §§ 1, 2; 2008 , ch. 670, § 1; 2009 , ch. 375, § 1; 2011 , ch. 140, § 5; 2011 , ch. 280, §§ 1, 2.
(a) The board shall consist of twenty (20) members as follows: (1) The state treasurer, ex officio; (2) The director of the division of retirement, ex officio; (3) The commissioner of finance and administration, ex officio; (4) The comptroller of the treasury, ex officio; (5) The administrative director of the courts, ex officio; (6) The commissioner of human resources, ex officio; (7) The secretary of state, ex officio; (8) The chair and vice chair of the council on pensions, ex officio; but whose membership is qualified as follows: (A) Such members shall not be voting members of the board of trustees; and (B) Such members shall be entitled to receive expenses and mileage allowance at the same rate as provided by § 3-1-106 for each meeting of the board of trustees; (9) Three (3) members of the retirement system who are teachers: (A) Two (2) teacher trustees shall be appointed by the speaker of the senate and one (1) teacher trustee shall be appointed by the speaker of the house of representatives. No two (2) of the teacher trustees shall be from the same grand division of the state. The speaker of the senate shall appoint the teacher trustees serving from the eastern and western grand divisions. The speaker of the house of representatives shall appoint the teacher trustee serving from the middle grand division. Professional education employees' organizations may recommend to the speaker of the senate and the speaker of the house of representatives persons for appointment to teacher trustee positions; however, the speaker of the senate and the speaker of the house of representatives need not appoint any person so recommended. (B) Each teacher member shall serve a three-year term; (10) Two (2) members of the retirement system who are state employees, not from the same department, commission, board, agency or institution, or any department represented by an ex officio member, at least one (1) of whom shall be a general employee, who shall serve for a term of three (3) years. The two (2) state employee trustees shall be elected by state employee members of the retirement system in accordance with rules and procedures as the board of trustees shall prescribe; (11) One (1) vested member of the retirement system who shall be appointed by the board of directors of the Tennessee County Services Association to serve for a period of two (2) years; (12) One (1) vested member of the retirement system who shall be appointed by the board of directors of the Tennessee Municipal League to serve for a period of two (2) years; (13) One (1) vested member of the retirement system who shall be appointed by the board of directors of the County Officials Association of Tennessee to serve for a period of two (2) years; (14) One (1) retired state or higher education employee member of the retirement system who shall be appointed by the governor to serve for a period of two (2) years; (15) One (1) retired teacher, who is a vested member of the Tennessee consolidated retirement system, to be appointed by the speaker of the house of representatives. The term of the retired teacher trustee shall be for three (3) years. Professional education employees' organizations may recommend to the speaker of the house of representatives persons for appointment to the retired teacher trustee position; however, the speaker need not appoint any person so recommended; and (16) One (1) police officer who shall serve a term of three (3) years commencing on July 1, 2007, and who, upon completion of that member's term, shall be replaced by a firefighter. Thereafter, the appointment of the board member shall alternate between a firefighter and a police officer for each successive three-year term. The board member shall be appointed as follows: (A) The police officer representative shall be appointed by the governor from lists of qualified persons submitted by interested law enforcement groups including, but not limited to, the professional organizations that represent police officers in this state; and (B) The firefighter representative shall be appointed by the governor from lists of qualified persons submitted by interested firefighter groups including, but not limited to, professional firefighter associations.
(1) The state treasurer, ex officio;
(2) The director of the division of retirement, ex officio;
(3) The commissioner of finance and administration, ex officio;
(4) The comptroller of the treasury, ex officio;
(5) The administrative director of the courts, ex officio;
(6) The commissioner of human resources, ex officio;
(7) The secretary of state, ex officio;
(8) The chair and vice chair of the council on pensions, ex officio; but whose membership is qualified as follows: (A) Such members shall not be voting members of the board of trustees; and (B) Such members shall be entitled to receive expenses and mileage allowance at the same rate as provided by § 3-1-106 for each meeting of the board of trustees;
(A) Such members shall not be voting members of the board of trustees; and
(B) Such members shall be entitled to receive expenses and mileage allowance at the same rate as provided by § 3-1-106 for each meeting of the board of trustees;
(9) Three (3) members of the retirement system who are teachers: (A) Two (2) teacher trustees shall be appointed by the speaker of the senate and one (1) teacher trustee shall be appointed by the speaker of the house of representatives. No two (2) of the teacher trustees shall be from the same grand division of the state. The speaker of the senate shall appoint the teacher trustees serving from the eastern and western grand divisions. The speaker of the house of representatives shall appoint the teacher trustee serving from the middle grand division. Professional education employees' organizations may recommend to the speaker of the senate and the speaker of the house of representatives persons for appointment to teacher trustee positions; however, the speaker of the senate and the speaker of the house of representatives need not appoint any person so recommended. (B) Each teacher member shall serve a three-year term;
(A) Two (2) teacher trustees shall be appointed by the speaker of the senate and one (1) teacher trustee shall be appointed by the speaker of the house of representatives. No two (2) of the teacher trustees shall be from the same grand division of the state. The speaker of the senate shall appoint the teacher trustees serving from the eastern and western grand divisions. The speaker of the house of representatives shall appoint the teacher trustee serving from the middle grand division. Professional education employees' organizations may recommend to the speaker of the senate and the speaker of the house of representatives persons for appointment to teacher trustee positions; however, the speaker of the senate and the speaker of the house of representatives need not appoint any person so recommended.
(B) Each teacher member shall serve a three-year term;
(10) Two (2) members of the retirement system who are state employees, not from the same department, commission, board, agency or institution, or any department represented by an ex officio member, at least one (1) of whom shall be a general employee, who shall serve for a term of three (3) years. The two (2) state employee trustees shall be elected by state employee members of the retirement system in accordance with rules and procedures as the board of trustees shall prescribe;
(11) One (1) vested member of the retirement system who shall be appointed by the board of directors of the Tennessee County Services Association to serve for a period of two (2) years;
(12) One (1) vested member of the retirement system who shall be appointed by the board of directors of the Tennessee Municipal League to serve for a period of two (2) years;
(13) One (1) vested member of the retirement system who shall be appointed by the board of directors of the County Officials Association of Tennessee to serve for a period of two (2) years;
(14) One (1) retired state or higher education employee member of the retirement system who shall be appointed by the governor to serve for a period of two (2) years;
(15) One (1) retired teacher, who is a vested member of the Tennessee consolidated retirement system, to be appointed by the speaker of the house of representatives. The term of the retired teacher trustee shall be for three (3) years. Professional education employees' organizations may recommend to the speaker of the house of representatives persons for appointment to the retired teacher trustee position; however, the speaker need not appoint any person so recommended; and
(16) One (1) police officer who shall serve a term of three (3) years commencing on July 1, 2007, and who, upon completion of that member's term, shall be replaced by a firefighter. Thereafter, the appointment of the board member shall alternate between a firefighter and a police officer for each successive three-year term. The board member shall be appointed as follows: (A) The police officer representative shall be appointed by the governor from lists of qualified persons submitted by interested law enforcement groups including, but not limited to, the professional organizations that represent police officers in this state; and (B) The firefighter representative shall be appointed by the governor from lists of qualified persons submitted by interested firefighter groups including, but not limited to, professional firefighter associations.
(A) The police officer representative shall be appointed by the governor from lists of qualified persons submitted by interested law enforcement groups including, but not limited to, the professional organizations that represent police officers in this state; and
(B) The firefighter representative shall be appointed by the governor from lists of qualified persons submitted by interested firefighter groups including, but not limited to, professional firefighter associations.
(b) (1) Board members appointed pursuant to subdivisions (a)(9)-(16) shall attend at least fifty percent (50%) of the required quarterly meetings. (2) Any board member who fails to attend meetings as required in subdivision (b)(1) shall be removed as a member by the appointing authority.
(1) Board members appointed pursuant to subdivisions (a)(9)-(16) shall attend at least fifty percent (50%) of the required quarterly meetings.
(2) Any board member who fails to attend meetings as required in subdivision (b)(1) shall be removed as a member by the appointing authority.
(c) Except for ex officio members, all persons shall be fully vested members of the retirement system in order to qualify to serve on the board of trustees.
Amended by 2021 Tenn. Acts, ch. 303, s 7, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 35, s 3, eff. 3/27/2015.
Acts 1972, ch. 814, § 6; 1973, ch. 213, § 1; 1974, ch. 788, § 3; 1977, ch. 400, § 6; T.C.A., § 8-3925; modified; Acts 1980, ch. 654, § 12; 1981, ch. 387, § 3; 1985, ch. 244, §§ 1, 2; 1992, ch. 920, §§ 1, 2; 1993, ch. 66, § 8; 1999, ch. 79, § 1; 2001, ch. 58, § 5; 2004, ch. 905, §§ 1 - 6; 2005, ch. 204, § 26; 2006, ch. 870, §§ 8, 9; 2007 , ch. 508, §§ 1, 2; 2008 , ch. 670, § 1; 2009 , ch. 375, § 1; 2011 , ch. 140, § 5; 2011 , ch. 280, §§ 1, 2.
Tenn. Code Ann. § 8-35-252 — TN Code / Title 8 / Chapter 35 / Section 8-35-252
Resolution to discontinue the base benefit improvement provisions of Section 8-36-124
Status: in_force

(a) The chief governing body of any employer participating in the retirement system pursuant to this part may by resolution, legally adopted and approved by a two-thirds (2/3) majority of that body, elect to discontinue the base benefit improvement provisions of § 8-36-124 for all employees employed with such employer after the effective date of the resolution. Employees who were employed prior to the effective date of the resolution will continue to be eligible for the base benefit improvement described in § 8-36-124 . Such resolution shall set forth the effective date of the discontinuance; provided, that the date shall be on the first day of any quarter following a minimum of three (3) months' notice to the retirement system. (b) Any resolution to discontinue the base benefit improvement provisions of § 8-36-124 that is adopted pursuant to this section shall be irrevocable and the employer shall not be permitted to elect at a later date to provide the base benefit improvement provisions of § 8-36-124 . Acts 2011 , ch. 140, § 16.
(a) The chief governing body of any employer participating in the retirement system pursuant to this part may by resolution, legally adopted and approved by a two-thirds (2/3) majority of that body, elect to discontinue the base benefit improvement provisions of § 8-36-124 for all employees employed with such employer after the effective date of the resolution. Employees who were employed prior to the effective date of the resolution will continue to be eligible for the base benefit improvement described in § 8-36-124 . Such resolution shall set forth the effective date of the discontinuance; provided, that the date shall be on the first day of any quarter following a minimum of three (3) months' notice to the retirement system.
(b) Any resolution to discontinue the base benefit improvement provisions of § 8-36-124 that is adopted pursuant to this section shall be irrevocable and the employer shall not be permitted to elect at a later date to provide the base benefit improvement provisions of § 8-36-124 .
Acts 2011 , ch. 140, § 16.
Tenn. Code Ann. § 8-4-116 — TN Code / Title 8 / Chapter 4 / Section 8-4-116
Authority of comptroller to audit
Status: in_force

(a) Entities contracting with the state or local governments to perform government services shall be subject to audit by the comptroller of the treasury to assure that public funds are expended in accordance with the public purpose for which they were contracted. (b) Notwithstanding any other law or existing contract, the comptroller of the treasury is hereby authorized to conduct an audit of the records of any entity contracting with the state or local government entities created under and by virtue of the statutes of the state, if such contracting entity derives fifty percent (50%) or more of its gross revenue from such state or local entity or entities. All books, records, documents, and other evidence pertaining to the receipt, accounting for, use and/or expenditure of any public funds by any such contracting entity shall be available for examination by the comptroller of the treasury during normal business hours through on-site review. In the alternative, and in the comptroller's sole discretion, such records may be provided through the mail or other methods of data transmission. Such audits shall take place as often as necessary, and to the extent necessary, in the discretion of the comptroller of the treasury and in conformance with generally accepted auditing standards, to determine whether public funds received by the entity were properly accounted for and expended in accordance with the public purpose for which the entity was contracted. The comptroller of the treasury shall have such authority notwithstanding whether the contract is in the form of a fee-for-service contract, a vendor contract, a cost reimbursement contract, any combination of these types of contract, or any other form of contract. (c) The comptroller of the treasury shall have the authority to determine whether a contracting entity is subject to audit pursuant to this section. The comptroller of the treasury shall give advance written notice of intent to audit to the contracting entity and its chief executive officer. If the contracting entity contends that it is not subject to audit, it shall, within five (5) business days of receipt of the notice, file with the comptroller of the treasury a written objection to the audit. Such objection shall be made under oath and accompanied by an income statement or such other statements or financial records as would, within the sound discretion of the comptroller of the treasury and consistent with generally accepted auditing standards, establish that the contracting entity is not subject to audit. The failure to file such an objection shall be deemed a waiver of any objection to the audit. Notwithstanding any other law to the contrary, any income statements or other financial documents filed with the objection shall become a part of the comptroller's confidential work papers and shall not be open or otherwise subject to public inspection. (d) If a contracting entity, after having received notice of intent to audit, refuses to grant access to such books, records, documents, and other evidence of the contracting entity as may be necessary, in the judgment of the comptroller, to accomplish the audit, the comptroller of the treasury shall have the authority to make application to the chancery court of Davidson County for an order requiring the contracting entity to show cause why the entity is not subject to audit by the comptroller of the treasury. In the absence of such a showing by the contracting entity, the court shall grant a permanent or temporary injunction compelling the contracting entity, its officers, agents, and attorneys, to grant access to such books, records, documents, and other evidence to the comptroller of the treasury or the comptroller's duly appointed representatives. The chancery court shall have the authority to assess costs of enforcement, including reasonable attorneys' fees, against the contracting entity, its officers and agents, and any other person responsible for objecting to the audit or refusing access to such books, records, documents, and other evidence if the court finds that there were no substantial grounds for objecting to the audit or refusing access. (e) The comptroller of the treasury has the authority to promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, consistent with this section for the purpose of ensuring the proper and orderly conduct of audits and other examinations of contracting entities within the meaning of this section. (f) This section is not intended to abolish any authority now held by the comptroller of the treasury, and shall not be deemed to repeal by implication any existing law. Acts 2000, ch. 960, § 1.
(a) Entities contracting with the state or local governments to perform government services shall be subject to audit by the comptroller of the treasury to assure that public funds are expended in accordance with the public purpose for which they were contracted.
(b) Notwithstanding any other law or existing contract, the comptroller of the treasury is hereby authorized to conduct an audit of the records of any entity contracting with the state or local government entities created under and by virtue of the statutes of the state, if such contracting entity derives fifty percent (50%) or more of its gross revenue from such state or local entity or entities. All books, records, documents, and other evidence pertaining to the receipt, accounting for, use and/or expenditure of any public funds by any such contracting entity shall be available for examination by the comptroller of the treasury during normal business hours through on-site review. In the alternative, and in the comptroller's sole discretion, such records may be provided through the mail or other methods of data transmission. Such audits shall take place as often as necessary, and to the extent necessary, in the discretion of the comptroller of the treasury and in conformance with generally accepted auditing standards, to determine whether public funds received by the entity were properly accounted for and expended in accordance with the public purpose for which the entity was contracted. The comptroller of the treasury shall have such authority notwithstanding whether the contract is in the form of a fee-for-service contract, a vendor contract, a cost reimbursement contract, any combination of these types of contract, or any other form of contract.
(c) The comptroller of the treasury shall have the authority to determine whether a contracting entity is subject to audit pursuant to this section. The comptroller of the treasury shall give advance written notice of intent to audit to the contracting entity and its chief executive officer. If the contracting entity contends that it is not subject to audit, it shall, within five (5) business days of receipt of the notice, file with the comptroller of the treasury a written objection to the audit. Such objection shall be made under oath and accompanied by an income statement or such other statements or financial records as would, within the sound discretion of the comptroller of the treasury and consistent with generally accepted auditing standards, establish that the contracting entity is not subject to audit. The failure to file such an objection shall be deemed a waiver of any objection to the audit. Notwithstanding any other law to the contrary, any income statements or other financial documents filed with the objection shall become a part of the comptroller's confidential work papers and shall not be open or otherwise subject to public inspection.
(d) If a contracting entity, after having received notice of intent to audit, refuses to grant access to such books, records, documents, and other evidence of the contracting entity as may be necessary, in the judgment of the comptroller, to accomplish the audit, the comptroller of the treasury shall have the authority to make application to the chancery court of Davidson County for an order requiring the contracting entity to show cause why the entity is not subject to audit by the comptroller of the treasury. In the absence of such a showing by the contracting entity, the court shall grant a permanent or temporary injunction compelling the contracting entity, its officers, agents, and attorneys, to grant access to such books, records, documents, and other evidence to the comptroller of the treasury or the comptroller's duly appointed representatives. The chancery court shall have the authority to assess costs of enforcement, including reasonable attorneys' fees, against the contracting entity, its officers and agents, and any other person responsible for objecting to the audit or refusing access to such books, records, documents, and other evidence if the court finds that there were no substantial grounds for objecting to the audit or refusing access.
(e) The comptroller of the treasury has the authority to promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, consistent with this section for the purpose of ensuring the proper and orderly conduct of audits and other examinations of contracting entities within the meaning of this section.
(f) This section is not intended to abolish any authority now held by the comptroller of the treasury, and shall not be deemed to repeal by implication any existing law.
Acts 2000, ch. 960, § 1.
Tenn. Code Ann. § 8-11-112 — TN Code / Title 8 / Chapter 11 / Section 8-11-112
Confidentiality of certain financial records and other personal information acquired by county trustee
Status: in_force

(a) An individual's credit card information, debit card information, bank account and routing information, e-mail address, and telephone number acquired by the county trustee shall not be open for public inspection pursuant to title 10, chapter 7. (b) Notwithstanding subsection (a), the information made confidential by this section shall be open to inspection by law enforcement agencies, courts, or other government agencies performing official functions. (c) Information made confidential by this section shall be redacted wherever possible. (d) Nothing in this section shall limit or deny access to otherwise public information because a file, document, or data file contains confidential information. Added by 2015 Tenn. Acts, ch. 374,s 1, eff. 5/4/2015.
(a) An individual's credit card information, debit card information, bank account and routing information, e-mail address, and telephone number acquired by the county trustee shall not be open for public inspection pursuant to title 10, chapter 7.
(b) Notwithstanding subsection (a), the information made confidential by this section shall be open to inspection by law enforcement agencies, courts, or other government agencies performing official functions.
(c) Information made confidential by this section shall be redacted wherever possible.
(d) Nothing in this section shall limit or deny access to otherwise public information because a file, document, or data file contains confidential information.
Added by 2015 Tenn. Acts, ch. 374,s 1, eff. 5/4/2015.
Tenn. Code Ann. § 8-19-403 — TN Code / Title 8 / Chapter 19 / Section 8-19-403
Requisition to give additional bond
Status: in_force

The requisition to give additional bonds shall, in all cases, be in writing, and signed by the officer making it; shall state the day and place, when and where the officer cited shall appear and give such bond; and a copy thereof shall be personally served on such officer before the day specified in such bond. Code 1858, § 779; Shan., § 1100; Code 1932, § 1842; T.C.A. (orig. ed.), § 8-1937.
The requisition to give additional bonds shall, in all cases, be in writing, and signed by the officer making it; shall state the day and place, when and where the officer cited shall appear and give such bond; and a copy thereof shall be personally served on such officer before the day specified in such bond.
Code 1858, § 779; Shan., § 1100; Code 1932, § 1842; T.C.A. (orig. ed.), § 8-1937.
Tenn. Code Ann. § 8-27-901 — TN Code / Title 8 / Chapter 27 / Section 8-27-901
Definitions
Status: in_force

As used in this part: (1) "Administrator" means: (A) An individual, either employed by, or contracted with, the sponsor or the plan to provide administrative services on behalf of the plan; or (B) An entity with whom the sponsor contracts to provide administrative services on behalf of the plan; (2) "Days" means calendar days, unless otherwise noted; (3) "Insured" means any individual, other than the primary insured, who receives benefits under the plan; (4) "Plain language" means writing designed to ensure the reader understands the meaning of the passage as quickly, easily, and completely as possible, avoiding verbose, convoluted language, and jargon; (5) "Plan" means a self-funded plan of insurance established and funded by a sponsor pursuant to this part for the purpose of providing group life, hospitalization, disability, on-the-job injury or work-related injury program, or medical insurance, where funding for the plan is primarily derived from local tax revenues, which are used to fund, in excess of fifty-one percent (51%), the total costs of the plan, and where the benefits are paid directly through the sponsor's general assets or through a trust fund established for that purpose. A "plan" includes those to which the primary insured pays to the plan a nominal fee for the primary insured and any insureds whose relationship to the primary insured allows them to receive benefits under the plan. Whether or not the plan contracts with an administrator is not a factor in determining whether the plan meets this definition; (6) "Plan document" means a document by which a plan is established and operated; (7) "Plan participant" means either a primary insured or insured; (8) "Primary insured" means the individual employed by, or contracted with, the sponsor and to whom, based on the individual's status as an employee or contractor, the plan provides benefits; (9) "Reimbursement interest" means the plan's right of recovery of benefit amounts paid by the plan on behalf of the plan participant from the participant's recovery from a third-party tortfeasor arising from the injury or illness of the plan participant caused by such tortfeasor. "Reimbursement interest" does not include pre- or post-judgment interest; (10) "Request for subrogation or reimbursement interest" or "RSRI" means a form drafted by the plan in plain language and included in the SPD that the plan participant, their attorney, or other party in interest, may use to request that the plan provides notice of its subrogation or reimbursement interest; (11) "Settlement" means an agreement reached between a plan participant and the plan, or between the plan participant and a third-party tortfeasor or the third-party insurer, or both; (12) "Sponsor" means a county, municipality, municipal corporation, or special school district in this state that establishes and funds a plan; (13) "Subrogation interest" means the right to recovery that the plan has in any litigation or settlement arising from the injury or illness of a plan participant caused by a third-party tortfeasor. "Subrogation interest" does not include pre- or post-judgment interest; (14) "Summary of material modification" or "SMM" means a summary of any material amendment to the plan adopted by the sponsor, including, but not limited to, changes in deductibles, co-pays, and eligibility requirements; covered services or benefits; formulas; methodologies; schedules; networks; prior authorization requirements; and drug tiers; (15) "Summary plan description" or "SPD" means a summary of the plan document, which may or may not be part of the plan document; (16) "Third-party administrator" or "TPA" means an organization with which the plan contracts to process claims or manage certain other aspects of the plan, including, but not limited to, customer service, plan design, benefits notification, subrogation services, general plan administration, and appeals review; (17) "Third-party for medical services" or "third party" means a person or entity that contracts with either the plan or the third-party administrator to provide payment for claims of healthcare items or services for plan participants. The term includes, but is not limited to, a health and liability insurer, an administrator of an ERISA plan, an employee welfare benefit plan, a workers' compensation plan, CHAMPUS, Medicare, and other parties that are by statute, contract, or agreement legally responsible for payment of a claim for a healthcare item or service; (18) "Third-party insurer" means an insurer that provides insurance coverage to a third-party tortfeasor, regardless of whether the coverage is personal or commercial, including, but not limited to, automobile, income replacement, premises liability, home owners, umbrella, group life, health, workers compensation, hospitalization, and disability; and (19) "Third-party tortfeasor" means an individual or entity who commits a tort against a plan participant that causes a plan participant to require medical treatment for which the plan makes payments to a provider of medical services for the benefit, or on behalf, of the plan participant. Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
As used in this part:
(1) "Administrator" means: (A) An individual, either employed by, or contracted with, the sponsor or the plan to provide administrative services on behalf of the plan; or (B) An entity with whom the sponsor contracts to provide administrative services on behalf of the plan;
(A) An individual, either employed by, or contracted with, the sponsor or the plan to provide administrative services on behalf of the plan; or
(B) An entity with whom the sponsor contracts to provide administrative services on behalf of the plan;
(2) "Days" means calendar days, unless otherwise noted;
(3) "Insured" means any individual, other than the primary insured, who receives benefits under the plan;
(4) "Plain language" means writing designed to ensure the reader understands the meaning of the passage as quickly, easily, and completely as possible, avoiding verbose, convoluted language, and jargon;
(5) "Plan" means a self-funded plan of insurance established and funded by a sponsor pursuant to this part for the purpose of providing group life, hospitalization, disability, on-the-job injury or work-related injury program, or medical insurance, where funding for the plan is primarily derived from local tax revenues, which are used to fund, in excess of fifty-one percent (51%), the total costs of the plan, and where the benefits are paid directly through the sponsor's general assets or through a trust fund established for that purpose. A "plan" includes those to which the primary insured pays to the plan a nominal fee for the primary insured and any insureds whose relationship to the primary insured allows them to receive benefits under the plan. Whether or not the plan contracts with an administrator is not a factor in determining whether the plan meets this definition;
(6) "Plan document" means a document by which a plan is established and operated;
(7) "Plan participant" means either a primary insured or insured;
(8) "Primary insured" means the individual employed by, or contracted with, the sponsor and to whom, based on the individual's status as an employee or contractor, the plan provides benefits;
(9) "Reimbursement interest" means the plan's right of recovery of benefit amounts paid by the plan on behalf of the plan participant from the participant's recovery from a third-party tortfeasor arising from the injury or illness of the plan participant caused by such tortfeasor. "Reimbursement interest" does not include pre- or post-judgment interest;
(10) "Request for subrogation or reimbursement interest" or "RSRI" means a form drafted by the plan in plain language and included in the SPD that the plan participant, their attorney, or other party in interest, may use to request that the plan provides notice of its subrogation or reimbursement interest;
(11) "Settlement" means an agreement reached between a plan participant and the plan, or between the plan participant and a third-party tortfeasor or the third-party insurer, or both;
(12) "Sponsor" means a county, municipality, municipal corporation, or special school district in this state that establishes and funds a plan;
(13) "Subrogation interest" means the right to recovery that the plan has in any litigation or settlement arising from the injury or illness of a plan participant caused by a third-party tortfeasor. "Subrogation interest" does not include pre- or post-judgment interest;
(14) "Summary of material modification" or "SMM" means a summary of any material amendment to the plan adopted by the sponsor, including, but not limited to, changes in deductibles, co-pays, and eligibility requirements; covered services or benefits; formulas; methodologies; schedules; networks; prior authorization requirements; and drug tiers;
(15) "Summary plan description" or "SPD" means a summary of the plan document, which may or may not be part of the plan document;
(16) "Third-party administrator" or "TPA" means an organization with which the plan contracts to process claims or manage certain other aspects of the plan, including, but not limited to, customer service, plan design, benefits notification, subrogation services, general plan administration, and appeals review;
(17) "Third-party for medical services" or "third party" means a person or entity that contracts with either the plan or the third-party administrator to provide payment for claims of healthcare items or services for plan participants. The term includes, but is not limited to, a health and liability insurer, an administrator of an ERISA plan, an employee welfare benefit plan, a workers' compensation plan, CHAMPUS, Medicare, and other parties that are by statute, contract, or agreement legally responsible for payment of a claim for a healthcare item or service;
(18) "Third-party insurer" means an insurer that provides insurance coverage to a third-party tortfeasor, regardless of whether the coverage is personal or commercial, including, but not limited to, automobile, income replacement, premises liability, home owners, umbrella, group life, health, workers compensation, hospitalization, and disability; and
(19) "Third-party tortfeasor" means an individual or entity who commits a tort against a plan participant that causes a plan participant to require medical treatment for which the plan makes payments to a provider of medical services for the benefit, or on behalf, of the plan participant.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
Tenn. Code Ann. § 8-7-105 — TN Code / Title 8 / Chapter 7 / Section 8-7-105
Salary
Status: in_force

(a) On July 1, 1990, the salary for district attorneys general shall be sixty-eight thousand dollars ($68,000) per annum. On July 1, 1991, the base salary for district attorneys general shall be seventy-four thousand one hundred dollars ($74,100) per annum. On September 1, 2006, the salary for district attorneys general shall be one hundred twenty-four thousand nine hundred dollars ($124,900). On March 1, 2018, the base salary for district attorneys general shall be one hundred fifty-six thousand twenty-four dollars ($156,024) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act. On June 30, 2024, the base salary for district attorneys general shall be two hundred five thousand three hundred twenty-eight dollars ($205,328) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act. (b) On September 1, 2006, and on July 1 for each subsequent year, the base salary fixed in subsection (a) shall be adjusted to reflect the average percentage pay increase provided for state employees by the general appropriations act. (c) For the sole purpose of calculating the salaries payable to assistant district attorneys general under § 8-7-201 , the annual compensation of a district attorney general shall be as follows: (1) For full-time assistant district attorneys general through the end of the final fiscal year in which they are eligible for step increases, the salary provided by law for district attorneys general for the 1982-1983 fiscal year; (2) Effective July 1, 1990, for full-time assistant district attorneys general no longer eligible for step increases, a base salary equal to the salary provided by law for district attorneys general for the 1989-1990 fiscal year, adjusted on July 1, 1990, by the percentage set out in subsection (b); and (3) Effective July 1, 1991, for full-time assistant district attorneys general no longer eligible for step increases, but having less than twelve (12) years of credited service as an assistant district attorney general or district attorney general in this state, a base salary equal to the salary provided by law for district attorneys general for the 1989-1990 fiscal year, adjusted as set out in subdivision (c)(2), and further adjusted on July 1, 1991, and on each succeeding July 1, by the percentage set out in subsection (b). (d) For purposes of this chapter, in computing annual salary increases that are tied to salary increases appropriated to state employees, it is the intention of the general assembly that the increases are to be based solely on the specific percentage increase granted by the general appropriations act to all general state employees. Adjustments to annual salary increases as provided for in this chapter that are tied to salary increases of state employees are not to be adjusted on the basis of any class compensation efforts, class compression efforts, or any other method of salary adjustments. Amended by 2024 Tenn. Acts, ch. 974,s 1, eff. 5/21/2024. Amended by 2018 Tenn. Acts, ch. 899, s 5, eff. 5/3/2018. Acts 1897, ch. 41, § 1; 1917, ch. 132, § 1; Shan., § 5771; Acts 1925, ch. 12, § 1; Code 1932, § 9969; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1947, ch. 140, §§ 1, 3; mod. C. Supp. 1950, § 9969 (Williams, § 9969.1); Acts 1955, ch. 206, §§ 1, 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1963, ch. 154, § 1; 1967, ch. 145, § 1; 1971, ch. 236, § 1; 1972, ch. 526, § 5; T.C.A. (orig. ed.), § 8-705; Acts 1981, ch. 469, § 1; 1982, ch. 851, § 1; 1986, ch. 849, § 1; 1988, ch. 720, § 1; 1990, ch. 1032, § 1; 1993, ch. 344, § 1; 2006, ch. 987, §§ 3, 6; 2007 , ch. 361, § 2.
(a) On July 1, 1990, the salary for district attorneys general shall be sixty-eight thousand dollars ($68,000) per annum. On July 1, 1991, the base salary for district attorneys general shall be seventy-four thousand one hundred dollars ($74,100) per annum. On September 1, 2006, the salary for district attorneys general shall be one hundred twenty-four thousand nine hundred dollars ($124,900). On March 1, 2018, the base salary for district attorneys general shall be one hundred fifty-six thousand twenty-four dollars ($156,024) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act. On June 30, 2024, the base salary for district attorneys general shall be two hundred five thousand three hundred twenty-eight dollars ($205,328) and shall be adjusted on July 1 to reflect the average percentage pay increase provided for state employees by the general appropriations act.
(b) On September 1, 2006, and on July 1 for each subsequent year, the base salary fixed in subsection (a) shall be adjusted to reflect the average percentage pay increase provided for state employees by the general appropriations act.
(c) For the sole purpose of calculating the salaries payable to assistant district attorneys general under § 8-7-201 , the annual compensation of a district attorney general shall be as follows: (1) For full-time assistant district attorneys general through the end of the final fiscal year in which they are eligible for step increases, the salary provided by law for district attorneys general for the 1982-1983 fiscal year; (2) Effective July 1, 1990, for full-time assistant district attorneys general no longer eligible for step increases, a base salary equal to the salary provided by law for district attorneys general for the 1989-1990 fiscal year, adjusted on July 1, 1990, by the percentage set out in subsection (b); and (3) Effective July 1, 1991, for full-time assistant district attorneys general no longer eligible for step increases, but having less than twelve (12) years of credited service as an assistant district attorney general or district attorney general in this state, a base salary equal to the salary provided by law for district attorneys general for the 1989-1990 fiscal year, adjusted as set out in subdivision (c)(2), and further adjusted on July 1, 1991, and on each succeeding July 1, by the percentage set out in subsection (b).
(1) For full-time assistant district attorneys general through the end of the final fiscal year in which they are eligible for step increases, the salary provided by law for district attorneys general for the 1982-1983 fiscal year;
(2) Effective July 1, 1990, for full-time assistant district attorneys general no longer eligible for step increases, a base salary equal to the salary provided by law for district attorneys general for the 1989-1990 fiscal year, adjusted on July 1, 1990, by the percentage set out in subsection (b); and
(3) Effective July 1, 1991, for full-time assistant district attorneys general no longer eligible for step increases, but having less than twelve (12) years of credited service as an assistant district attorney general or district attorney general in this state, a base salary equal to the salary provided by law for district attorneys general for the 1989-1990 fiscal year, adjusted as set out in subdivision (c)(2), and further adjusted on July 1, 1991, and on each succeeding July 1, by the percentage set out in subsection (b).
(d) For purposes of this chapter, in computing annual salary increases that are tied to salary increases appropriated to state employees, it is the intention of the general assembly that the increases are to be based solely on the specific percentage increase granted by the general appropriations act to all general state employees. Adjustments to annual salary increases as provided for in this chapter that are tied to salary increases of state employees are not to be adjusted on the basis of any class compensation efforts, class compression efforts, or any other method of salary adjustments.
Amended by 2024 Tenn. Acts, ch. 974,s 1, eff. 5/21/2024.
Amended by 2018 Tenn. Acts, ch. 899, s 5, eff. 5/3/2018.
Acts 1897, ch. 41, § 1; 1917, ch. 132, § 1; Shan., § 5771; Acts 1925, ch. 12, § 1; Code 1932, § 9969; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1947, ch. 140, §§ 1, 3; mod. C. Supp. 1950, § 9969 (Williams, § 9969.1); Acts 1955, ch. 206, §§ 1, 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1963, ch. 154, § 1; 1967, ch. 145, § 1; 1971, ch. 236, § 1; 1972, ch. 526, § 5; T.C.A. (orig. ed.), § 8-705; Acts 1981, ch. 469, § 1; 1982, ch. 851, § 1; 1986, ch. 849, § 1; 1988, ch. 720, § 1; 1990, ch. 1032, § 1; 1993, ch. 344, § 1; 2006, ch. 987, §§ 3, 6; 2007 , ch. 361, § 2.