Tenn. Code Ann. § 8-48-110 — TN Code / Title 8 / Chapter 48 / Section 8-48-110
Emergency interim successors to local offices where vacancy filled by legislative body
Status: in_force

With respect to local offices for which the legislative bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with this section and § 8-48-111 . Acts 1961, ch. 318, § 1; T.C.A., § 8-2819.
With respect to local offices for which the legislative bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with this section and § 8-48-111 .
Acts 1961, ch. 318, § 1; T.C.A., § 8-2819.
Tenn. Code Ann. § 8-27-205 — TN Code / Title 8 / Chapter 27 / Section 8-27-205
Health benefit for retired state employees - Schedule of premiums - Disabled retirees - Dependents of retirees - Applicability - Implementation of defined contribution plan or related investment vehicle
Status: in_force

(a) The state insurance committee may establish basic health plan benefits, and voluntary benefits, as the state insurance committee deems necessary and reasonable, for state employees, as defined in § 8-27-204(a)(1) , who are retired, and may establish eligibility criteria for the benefits. The health benefit may be available to: (1) Eligible retired state employees, eligible retired employees of the University of Tennessee, and eligible retired employees of the state university and community college system who are drawing retirement benefits through the Tennessee consolidated retirement system; and (2) Eligible retired employees of the University of Tennessee and the state university and community college system who are participants in another retirement plan offered through their employment with the University of Tennessee or the state university and community college system, regardless of whether such retired employee is drawing a retirement benefit. (b) (1) (A) The state insurance committee shall establish a schedule of premiums and is authorized to establish a schedule of defined contributions for retirees eligible for the health benefits established under this part. The schedule shall be graduated to reflect the retiree's length of service. (B) Retirees with thirty (30) or more years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (C) (i) Except as provided in subdivisions (b)(1)(C)(ii) and (iii), retirees with twenty (20) years of service, but less than thirty (30) years of service, shall receive seventy percent (70%) of the scheduled premium or defined contribution. (ii) Any Tennessee highway patrol member who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (iii) Any commissioned member of the Tennessee wildlife resources agency or Tennessee bureau of investigation who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (D) Retirees having less than twenty (20) years of service shall receive sixty percent (60%) of the scheduled premium or defined contribution. (2) "Years of service," as used in this subsection (b), means: (A) Only those years of service rendered by the retiree as a state employee, as defined in § 8-27-204(a)(1) , or as a teacher as defined in § 8-34-101 , and upon which the retiree's monthly retirement allowance is based; or (B) Those years of service rendered by a retiree prior to July 1, 2002, as an employee of any board, commission, or agency created by the supreme court of Tennessee, regardless of whether the retiree established that service in the consolidated retirement system pursuant to § 8-35-115 . (c) Any retired state employee who is participating in the insurance plan authorized by this section and who is in receipt of a disability retirement allowance pursuant to chapter 36, part 5 of this title, shall not be required to discontinue coverage in the basic health plan authorized by § 8-27-202(a)(1) upon eligibility for Part A of Medicare and may continue in the plan as a retired state employee to the point at which Medicare eligibility would have been attained had the disability not occurred; provided, that the retired state employee remains eligible for the disability retirement allowance and that Part B of Medicare is retained. The insurance premium shall be the same as that charged to nondisability retirees who are not yet eligible for Medicare. Any retired state employee who is granted a service retirement under chapter 36 of this title shall also qualify for a continuation of insurance coverage if the retired state employee meets the conditions set forth in this subsection (c) and the eligibility criteria established by the state insurance committee. (d) The state insurance committee shall extend eligibility to the dependents of retired state employees who are eligible for the retiree coverage authorized in this section. The state insurance committee may determine which dependents are eligible, and what documentation is required to establish eligibility, subject to the requirements of state and federal law. Eligibility standards for dependents will be approved at public meetings of the state insurance committee and published in the plan documents. The state may deny coverage to the spouses of retired state employees who are eligible for similar group health insurance through their employers. Any denial of coverage made pursuant to this subsection (d) and based on a retiree's spouse's eligibility for similar group health insurance through the spouse's employer shall only apply to the spouse of a retiree whose employment commenced on or after July 1, 2015. (e) (1) The retiree coverage authorized under this section shall not be available to any retiree whose employment with the state commenced on or after July 1, 2015. Any retiree whose first employment with the state commenced before July 1, 2015, and who returns to state service after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015. Any retiree whose first employment with a participating local education agency, as defined in § 8-27-301 , commenced before July 1, 2015, and who initiates state service after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015. (2) A Tennessee highway patrol member who is a retiree with twenty-five (25) years of service and is excluded from coverage under subdivision (e)(1) shall receive eighty percent (80%) of the scheduled premium or defined contribution, regardless of date of hire. (f) (1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the state insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. (4) This subsection (f) shall be effective September 1, 2015. Amended by 2023 Tenn. Acts, ch. 216, s 16, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1074, Secs.s 1, s 2 eff. 5/25/2022. Amended by 2022 Tenn. Acts, ch. 1051, s 1, eff. 5/25/2022. Amended by 2021 Tenn. Acts, ch. 518, s 1, eff. 5/25/2021. Amended by 2018 Tenn. Acts, ch. 631, s 1, eff. 4/2/2018. Amended by 2015 Tenn. Acts, ch. 426, s 2, eff. 5/18/2015. Acts 1983, ch. 375, § 2; 1997 , ch. 159, § 1; 1997 , ch. 513, § 5; T.C.A. § 8-27-209 ; Acts 1999, ch. 396, § 1; 2001, ch. 58, § 1; 2002, ch. 863, § 19.
(a) The state insurance committee may establish basic health plan benefits, and voluntary benefits, as the state insurance committee deems necessary and reasonable, for state employees, as defined in § 8-27-204(a)(1) , who are retired, and may establish eligibility criteria for the benefits. The health benefit may be available to: (1) Eligible retired state employees, eligible retired employees of the University of Tennessee, and eligible retired employees of the state university and community college system who are drawing retirement benefits through the Tennessee consolidated retirement system; and (2) Eligible retired employees of the University of Tennessee and the state university and community college system who are participants in another retirement plan offered through their employment with the University of Tennessee or the state university and community college system, regardless of whether such retired employee is drawing a retirement benefit.
(1) Eligible retired state employees, eligible retired employees of the University of Tennessee, and eligible retired employees of the state university and community college system who are drawing retirement benefits through the Tennessee consolidated retirement system; and
(2) Eligible retired employees of the University of Tennessee and the state university and community college system who are participants in another retirement plan offered through their employment with the University of Tennessee or the state university and community college system, regardless of whether such retired employee is drawing a retirement benefit.
(b) (1) (A) The state insurance committee shall establish a schedule of premiums and is authorized to establish a schedule of defined contributions for retirees eligible for the health benefits established under this part. The schedule shall be graduated to reflect the retiree's length of service. (B) Retirees with thirty (30) or more years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (C) (i) Except as provided in subdivisions (b)(1)(C)(ii) and (iii), retirees with twenty (20) years of service, but less than thirty (30) years of service, shall receive seventy percent (70%) of the scheduled premium or defined contribution. (ii) Any Tennessee highway patrol member who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (iii) Any commissioned member of the Tennessee wildlife resources agency or Tennessee bureau of investigation who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (D) Retirees having less than twenty (20) years of service shall receive sixty percent (60%) of the scheduled premium or defined contribution. (2) "Years of service," as used in this subsection (b), means: (A) Only those years of service rendered by the retiree as a state employee, as defined in § 8-27-204(a)(1) , or as a teacher as defined in § 8-34-101 , and upon which the retiree's monthly retirement allowance is based; or (B) Those years of service rendered by a retiree prior to July 1, 2002, as an employee of any board, commission, or agency created by the supreme court of Tennessee, regardless of whether the retiree established that service in the consolidated retirement system pursuant to § 8-35-115 .
(1) (A) The state insurance committee shall establish a schedule of premiums and is authorized to establish a schedule of defined contributions for retirees eligible for the health benefits established under this part. The schedule shall be graduated to reflect the retiree's length of service. (B) Retirees with thirty (30) or more years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (C) (i) Except as provided in subdivisions (b)(1)(C)(ii) and (iii), retirees with twenty (20) years of service, but less than thirty (30) years of service, shall receive seventy percent (70%) of the scheduled premium or defined contribution. (ii) Any Tennessee highway patrol member who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (iii) Any commissioned member of the Tennessee wildlife resources agency or Tennessee bureau of investigation who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (D) Retirees having less than twenty (20) years of service shall receive sixty percent (60%) of the scheduled premium or defined contribution.
(A) The state insurance committee shall establish a schedule of premiums and is authorized to establish a schedule of defined contributions for retirees eligible for the health benefits established under this part. The schedule shall be graduated to reflect the retiree's length of service.
(B) Retirees with thirty (30) or more years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution.
(C) (i) Except as provided in subdivisions (b)(1)(C)(ii) and (iii), retirees with twenty (20) years of service, but less than thirty (30) years of service, shall receive seventy percent (70%) of the scheduled premium or defined contribution. (ii) Any Tennessee highway patrol member who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution. (iii) Any commissioned member of the Tennessee wildlife resources agency or Tennessee bureau of investigation who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution.
(i) Except as provided in subdivisions (b)(1)(C)(ii) and (iii), retirees with twenty (20) years of service, but less than thirty (30) years of service, shall receive seventy percent (70%) of the scheduled premium or defined contribution.
(ii) Any Tennessee highway patrol member who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution.
(iii) Any commissioned member of the Tennessee wildlife resources agency or Tennessee bureau of investigation who is a retiree with twenty-five (25) years of service shall receive eighty percent (80%) of the scheduled premium or defined contribution.
(D) Retirees having less than twenty (20) years of service shall receive sixty percent (60%) of the scheduled premium or defined contribution.
(2) "Years of service," as used in this subsection (b), means: (A) Only those years of service rendered by the retiree as a state employee, as defined in § 8-27-204(a)(1) , or as a teacher as defined in § 8-34-101 , and upon which the retiree's monthly retirement allowance is based; or (B) Those years of service rendered by a retiree prior to July 1, 2002, as an employee of any board, commission, or agency created by the supreme court of Tennessee, regardless of whether the retiree established that service in the consolidated retirement system pursuant to § 8-35-115 .
(A) Only those years of service rendered by the retiree as a state employee, as defined in § 8-27-204(a)(1) , or as a teacher as defined in § 8-34-101 , and upon which the retiree's monthly retirement allowance is based; or
(B) Those years of service rendered by a retiree prior to July 1, 2002, as an employee of any board, commission, or agency created by the supreme court of Tennessee, regardless of whether the retiree established that service in the consolidated retirement system pursuant to § 8-35-115 .
(c) Any retired state employee who is participating in the insurance plan authorized by this section and who is in receipt of a disability retirement allowance pursuant to chapter 36, part 5 of this title, shall not be required to discontinue coverage in the basic health plan authorized by § 8-27-202(a)(1) upon eligibility for Part A of Medicare and may continue in the plan as a retired state employee to the point at which Medicare eligibility would have been attained had the disability not occurred; provided, that the retired state employee remains eligible for the disability retirement allowance and that Part B of Medicare is retained. The insurance premium shall be the same as that charged to nondisability retirees who are not yet eligible for Medicare. Any retired state employee who is granted a service retirement under chapter 36 of this title shall also qualify for a continuation of insurance coverage if the retired state employee meets the conditions set forth in this subsection (c) and the eligibility criteria established by the state insurance committee.
(d) The state insurance committee shall extend eligibility to the dependents of retired state employees who are eligible for the retiree coverage authorized in this section. The state insurance committee may determine which dependents are eligible, and what documentation is required to establish eligibility, subject to the requirements of state and federal law. Eligibility standards for dependents will be approved at public meetings of the state insurance committee and published in the plan documents. The state may deny coverage to the spouses of retired state employees who are eligible for similar group health insurance through their employers. Any denial of coverage made pursuant to this subsection (d) and based on a retiree's spouse's eligibility for similar group health insurance through the spouse's employer shall only apply to the spouse of a retiree whose employment commenced on or after July 1, 2015.
(e) (1) The retiree coverage authorized under this section shall not be available to any retiree whose employment with the state commenced on or after July 1, 2015. Any retiree whose first employment with the state commenced before July 1, 2015, and who returns to state service after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015. Any retiree whose first employment with a participating local education agency, as defined in § 8-27-301 , commenced before July 1, 2015, and who initiates state service after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015. (2) A Tennessee highway patrol member who is a retiree with twenty-five (25) years of service and is excluded from coverage under subdivision (e)(1) shall receive eighty percent (80%) of the scheduled premium or defined contribution, regardless of date of hire.
(1) The retiree coverage authorized under this section shall not be available to any retiree whose employment with the state commenced on or after July 1, 2015. Any retiree whose first employment with the state commenced before July 1, 2015, and who returns to state service after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015. Any retiree whose first employment with a participating local education agency, as defined in § 8-27-301 , commenced before July 1, 2015, and who initiates state service after that date shall not be prohibited from retiree coverage under this section; provided, that the retiree did not accept a lump sum payment from the Tennessee consolidated retirement system before July 1, 2015.
(2) A Tennessee highway patrol member who is a retiree with twenty-five (25) years of service and is excluded from coverage under subdivision (e)(1) shall receive eighty percent (80%) of the scheduled premium or defined contribution, regardless of date of hire.
(f) (1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the state insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. (4) This subsection (f) shall be effective September 1, 2015.
(1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the state insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used.
(2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer.
(3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust.
(4) This subsection (f) shall be effective September 1, 2015.
Amended by 2023 Tenn. Acts, ch. 216, s 16, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1074, Secs.s 1, s 2 eff. 5/25/2022.
Amended by 2022 Tenn. Acts, ch. 1051, s 1, eff. 5/25/2022.
Amended by 2021 Tenn. Acts, ch. 518, s 1, eff. 5/25/2021.
Amended by 2018 Tenn. Acts, ch. 631, s 1, eff. 4/2/2018.
Amended by 2015 Tenn. Acts, ch. 426, s 2, eff. 5/18/2015.
Acts 1983, ch. 375, § 2; 1997 , ch. 159, § 1; 1997 , ch. 513, § 5; T.C.A. § 8-27-209 ; Acts 1999, ch. 396, § 1; 2001, ch. 58, § 1; 2002, ch. 863, § 19.
Tenn. Code Ann. § 8-36-704 — TN Code / Title 8 / Chapter 36 / Section 8-36-704
Recomputation of benefits of beneficiaries under existing provisions
Status: in_force

Any retired member of the Tennessee teachers' retirement system, Tennessee state retirement system, Group 1 of the Tennessee consolidated retirement system and of any local retirement system who retired prior to July 1, 1972, or thereafter, shall have such member's benefits recomputed under the existing provisions of the Tennessee consolidated retirement system. Any increase resulting from such recomputation shall be in addition to those provided by § 8-36-701 . Acts 1974, ch. 796, § 1; T.C.A., § 8-3943.
Any retired member of the Tennessee teachers' retirement system, Tennessee state retirement system, Group 1 of the Tennessee consolidated retirement system and of any local retirement system who retired prior to July 1, 1972, or thereafter, shall have such member's benefits recomputed under the existing provisions of the Tennessee consolidated retirement system. Any increase resulting from such recomputation shall be in addition to those provided by § 8-36-701 .
Acts 1974, ch. 796, § 1; T.C.A., § 8-3943.
Tenn. Code Ann. § 8-35-208 — TN Code / Title 8 / Chapter 35 / Section 8-35-208
Discontinuance and reinstatement of cost-of-living benefits
Status: in_force

(a) The chief legislative body of any political subdivision employer participating in the retirement system may by resolution legally adopted and approved by two-thirds (2/3) majority of that body elect to discontinue the cost-of-living benefit provisions for all employees employed after the effective date of the resolution. Employees who were employed prior to this date will continue to be eligible for cost-of-living benefits being funded as described in § 8-35-206 . This option shall be exercised prior to April 1 of any given year. (b) It is further provided that the chief legislative body of any political subdivision employer may elect at a later date to provide cost-of-living benefits in accordance with § 8-36-701 by legally adopting a resolution for an actuarial study and thereafter by legally adopting a resolution approved by a two-thirds (2/3) majority of the governing body to accept the associated liability and costs to provide such benefits. This increase in benefits will become effective the following July 1 after the adoption of the resolution. No retroactive benefits are to be paid under this subsection (b). Acts 1978, ch. 741, § 9; T.C.A., § 8-3934(4)(c); Acts 1983, ch. 342, § 11; 1986, ch. 553, § 8.
(a) The chief legislative body of any political subdivision employer participating in the retirement system may by resolution legally adopted and approved by two-thirds (2/3) majority of that body elect to discontinue the cost-of-living benefit provisions for all employees employed after the effective date of the resolution. Employees who were employed prior to this date will continue to be eligible for cost-of-living benefits being funded as described in § 8-35-206 . This option shall be exercised prior to April 1 of any given year.
(b) It is further provided that the chief legislative body of any political subdivision employer may elect at a later date to provide cost-of-living benefits in accordance with § 8-36-701 by legally adopting a resolution for an actuarial study and thereafter by legally adopting a resolution approved by a two-thirds (2/3) majority of the governing body to accept the associated liability and costs to provide such benefits. This increase in benefits will become effective the following July 1 after the adoption of the resolution. No retroactive benefits are to be paid under this subsection (b).
Acts 1978, ch. 741, § 9; T.C.A., § 8-3934(4)(c); Acts 1983, ch. 342, § 11; 1986, ch. 553, § 8.
Tenn. Code Ann. § 8-34-303 — TN Code / Title 8 / Chapter 34 / Section 8-34-303
Vacancies on the board
Status: in_force

In the event of death, disability, resignation, or ineligibility of a board member who is a state employee, the board of trustees is authorized to appoint a member from the group represented by the deceased or resigned member to fill the member's unexpired term. In the event of the death, disability, resignation, or ineligibility of a board member who was appointed as teacher trustee or the retired teacher trustee, the speaker of the senate or the speaker of the house of representatives who appointed the member shall appoint a trustee to fill the member's unexpired term. Amended by 2015 Tenn. Acts, ch. 421,s 2, eff. 5/8/2015. Acts 1973, ch. 347, § 23; T.C.A., § 8-3925; Acts 2011, ch. 280, § 3.
In the event of death, disability, resignation, or ineligibility of a board member who is a state employee, the board of trustees is authorized to appoint a member from the group represented by the deceased or resigned member to fill the member's unexpired term. In the event of the death, disability, resignation, or ineligibility of a board member who was appointed as teacher trustee or the retired teacher trustee, the speaker of the senate or the speaker of the house of representatives who appointed the member shall appoint a trustee to fill the member's unexpired term.
Amended by 2015 Tenn. Acts, ch. 421,s 2, eff. 5/8/2015.
Acts 1973, ch. 347, § 23; T.C.A., § 8-3925; Acts 2011, ch. 280, § 3.
Tenn. Code Ann. § 8-4-604 — TN Code / Title 8 / Chapter 4 / Section 8-4-604
Office of open records counsel - Duties - Schedule of reasonable charges - Policies and guidelines
Status: in_force

(a) The office of open records counsel shall establish: (1) (A) A schedule of reasonable charges that a records custodian may use as a guideline to charge a citizen requesting copies of public records pursuant to title 10, chapter 7, part 5. In establishing the schedule, the office of open records counsel shall consider: (i) Such factors as the size, by population, of the county or municipality, the complexity of the request, the number of man hours involved in retrieving the documents, redacting confidential information from the documents and any other costs involved in preparing the documents for duplication, the costs of duplication, the costs of mailing the documents if the requestor is not returning to retrieve the requested documents, and any other costs that the office of open records counsel deems appropriate to include in the charge; and (ii) The principles presented by the study committee created by chapter 887 of the Public Acts of 2006: (a) That state policies and guidelines shall reflect the policy that providing information to the public is an essential function of a representative government and an integral part of the routine duties and responsibilities of public officers and employees; (b) That excessive fees and other rules shall not be used to hinder access to nonexempt public information; (c) That, in accordance with § 10-7-503(a)(7)(A) , no charge shall be assessed to view a public record unless otherwise required by law; (d) That the requestor be given the option of receiving information in any format in which it is maintained by the agency, including electronic format consistent with title 10, chapter 7, part 1; and (e) That when large-volume requests are involved, information shall be provided in the most efficient and cost-effective manner, including but not limited to permitting the requestor to provide copying equipment or an electronic scanner; (B) The schedule established pursuant to subdivision (a)(1)(A) shall be revised at least annually; (2) A separate policy related to reasonable charges that a records custodian may charge for frequent and multiple requests for public records; (3) A safe harbor policy for a records custodian who adheres to the policies and guidelines established by the office of open records counsel; and (4) A model best practices and public records policy for use by a records custodian in compliance with § 10-7-503 . (b) The office of open records counsel shall make the policies and guidelines available on the internet. (c) The policies and guidelines shall not be deemed to be rules under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) Before establishing any version of a policy or guideline authorized or required by this section, the office of open records counsel shall provide a proposed draft to the advisory committee on open government for comment. The advisory committee on open government may meet and provide written comments on the draft to the office of open records counsel. Amended by 2016 Tenn. Acts, ch. 722, s 8, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 722, s 7, eff. 7/1/2016. Acts 2008 , ch. 1179, § 6.
(a) The office of open records counsel shall establish: (1) (A) A schedule of reasonable charges that a records custodian may use as a guideline to charge a citizen requesting copies of public records pursuant to title 10, chapter 7, part 5. In establishing the schedule, the office of open records counsel shall consider: (i) Such factors as the size, by population, of the county or municipality, the complexity of the request, the number of man hours involved in retrieving the documents, redacting confidential information from the documents and any other costs involved in preparing the documents for duplication, the costs of duplication, the costs of mailing the documents if the requestor is not returning to retrieve the requested documents, and any other costs that the office of open records counsel deems appropriate to include in the charge; and (ii) The principles presented by the study committee created by chapter 887 of the Public Acts of 2006: (a) That state policies and guidelines shall reflect the policy that providing information to the public is an essential function of a representative government and an integral part of the routine duties and responsibilities of public officers and employees; (b) That excessive fees and other rules shall not be used to hinder access to nonexempt public information; (c) That, in accordance with § 10-7-503(a)(7)(A) , no charge shall be assessed to view a public record unless otherwise required by law; (d) That the requestor be given the option of receiving information in any format in which it is maintained by the agency, including electronic format consistent with title 10, chapter 7, part 1; and (e) That when large-volume requests are involved, information shall be provided in the most efficient and cost-effective manner, including but not limited to permitting the requestor to provide copying equipment or an electronic scanner; (B) The schedule established pursuant to subdivision (a)(1)(A) shall be revised at least annually; (2) A separate policy related to reasonable charges that a records custodian may charge for frequent and multiple requests for public records; (3) A safe harbor policy for a records custodian who adheres to the policies and guidelines established by the office of open records counsel; and (4) A model best practices and public records policy for use by a records custodian in compliance with § 10-7-503 .
(1) (A) A schedule of reasonable charges that a records custodian may use as a guideline to charge a citizen requesting copies of public records pursuant to title 10, chapter 7, part 5. In establishing the schedule, the office of open records counsel shall consider: (i) Such factors as the size, by population, of the county or municipality, the complexity of the request, the number of man hours involved in retrieving the documents, redacting confidential information from the documents and any other costs involved in preparing the documents for duplication, the costs of duplication, the costs of mailing the documents if the requestor is not returning to retrieve the requested documents, and any other costs that the office of open records counsel deems appropriate to include in the charge; and (ii) The principles presented by the study committee created by chapter 887 of the Public Acts of 2006: (a) That state policies and guidelines shall reflect the policy that providing information to the public is an essential function of a representative government and an integral part of the routine duties and responsibilities of public officers and employees; (b) That excessive fees and other rules shall not be used to hinder access to nonexempt public information; (c) That, in accordance with § 10-7-503(a)(7)(A) , no charge shall be assessed to view a public record unless otherwise required by law; (d) That the requestor be given the option of receiving information in any format in which it is maintained by the agency, including electronic format consistent with title 10, chapter 7, part 1; and (e) That when large-volume requests are involved, information shall be provided in the most efficient and cost-effective manner, including but not limited to permitting the requestor to provide copying equipment or an electronic scanner; (B) The schedule established pursuant to subdivision (a)(1)(A) shall be revised at least annually;
(A) A schedule of reasonable charges that a records custodian may use as a guideline to charge a citizen requesting copies of public records pursuant to title 10, chapter 7, part 5. In establishing the schedule, the office of open records counsel shall consider: (i) Such factors as the size, by population, of the county or municipality, the complexity of the request, the number of man hours involved in retrieving the documents, redacting confidential information from the documents and any other costs involved in preparing the documents for duplication, the costs of duplication, the costs of mailing the documents if the requestor is not returning to retrieve the requested documents, and any other costs that the office of open records counsel deems appropriate to include in the charge; and (ii) The principles presented by the study committee created by chapter 887 of the Public Acts of 2006: (a) That state policies and guidelines shall reflect the policy that providing information to the public is an essential function of a representative government and an integral part of the routine duties and responsibilities of public officers and employees; (b) That excessive fees and other rules shall not be used to hinder access to nonexempt public information; (c) That, in accordance with § 10-7-503(a)(7)(A) , no charge shall be assessed to view a public record unless otherwise required by law; (d) That the requestor be given the option of receiving information in any format in which it is maintained by the agency, including electronic format consistent with title 10, chapter 7, part 1; and (e) That when large-volume requests are involved, information shall be provided in the most efficient and cost-effective manner, including but not limited to permitting the requestor to provide copying equipment or an electronic scanner;
(i) Such factors as the size, by population, of the county or municipality, the complexity of the request, the number of man hours involved in retrieving the documents, redacting confidential information from the documents and any other costs involved in preparing the documents for duplication, the costs of duplication, the costs of mailing the documents if the requestor is not returning to retrieve the requested documents, and any other costs that the office of open records counsel deems appropriate to include in the charge; and
(ii) The principles presented by the study committee created by chapter 887 of the Public Acts of 2006: (a) That state policies and guidelines shall reflect the policy that providing information to the public is an essential function of a representative government and an integral part of the routine duties and responsibilities of public officers and employees; (b) That excessive fees and other rules shall not be used to hinder access to nonexempt public information; (c) That, in accordance with § 10-7-503(a)(7)(A) , no charge shall be assessed to view a public record unless otherwise required by law; (d) That the requestor be given the option of receiving information in any format in which it is maintained by the agency, including electronic format consistent with title 10, chapter 7, part 1; and (e) That when large-volume requests are involved, information shall be provided in the most efficient and cost-effective manner, including but not limited to permitting the requestor to provide copying equipment or an electronic scanner;
(a) That state policies and guidelines shall reflect the policy that providing information to the public is an essential function of a representative government and an integral part of the routine duties and responsibilities of public officers and employees;
(b) That excessive fees and other rules shall not be used to hinder access to nonexempt public information;
(c) That, in accordance with § 10-7-503(a)(7)(A) , no charge shall be assessed to view a public record unless otherwise required by law;
(d) That the requestor be given the option of receiving information in any format in which it is maintained by the agency, including electronic format consistent with title 10, chapter 7, part 1; and
(e) That when large-volume requests are involved, information shall be provided in the most efficient and cost-effective manner, including but not limited to permitting the requestor to provide copying equipment or an electronic scanner;
(B) The schedule established pursuant to subdivision (a)(1)(A) shall be revised at least annually;
(2) A separate policy related to reasonable charges that a records custodian may charge for frequent and multiple requests for public records;
(3) A safe harbor policy for a records custodian who adheres to the policies and guidelines established by the office of open records counsel; and
(4) A model best practices and public records policy for use by a records custodian in compliance with § 10-7-503 .
(b) The office of open records counsel shall make the policies and guidelines available on the internet.
(c) The policies and guidelines shall not be deemed to be rules under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) Before establishing any version of a policy or guideline authorized or required by this section, the office of open records counsel shall provide a proposed draft to the advisory committee on open government for comment. The advisory committee on open government may meet and provide written comments on the draft to the office of open records counsel.
Amended by 2016 Tenn. Acts, ch. 722, s 8, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 722, s 7, eff. 7/1/2016.
Acts 2008 , ch. 1179, § 6.
Tenn. Code Ann. § 8-36-922 — TN Code / Title 8 / Chapter 36 / Section 8-36-922
Annual employer contributions to the hybrid plan benefits trust account
Status: in_force

(a) (1) Every employer participating in the hybrid plan shall contribute each year a sum equal to the greater of: (A) The normal contribution rate and the accrued liability contribution rate as determined pursuant to subsection (b), multiplied by the earnable compensation of all its participating employees; or (B) Four percent (4%), rounded to the nearest whole number, of the earnable compensation of all its participating employees, except as otherwise provided in subdivision (a)(3). (2) All employer contributions shall be deposited to the hybrid plan benefits trust account until such time as the pension stabilization reserve trust takes effect as provided in § 9-4-1001 . Once the trust takes effect, any employer contributions made in excess of the actuarial rate determined pursuant to subsection (b) shall be deposited into the pension stabilization reserve trust fund established pursuant to § 9-4-1001 . (3) Employer contributions for kindergarten through twelfth (K-12) grade teachers shall be paid by the respective local education agency for which the teachers are employed. Employer contributions for political subdivision employees shall be paid by the respective participating political subdivision. Notwithstanding any other law to the contrary, the director of the retirement system is authorized, at the director's sole discretion, to determine the amount of employer contributions, if any, that must be paid by a local education agency into the stabilization reserve trust account or to the pension stabilization reserve trust fund pursuant to § 8-36-920 ; provided, that the amount shall not exceed the amount that would otherwise be required. The director of the retirement system is further authorized, at the director's sole discretion, to determine the amount of employer contributions, if any, that must be paid by a participating political subdivision into its individual pension stabilization reserve trust fund pursuant to § 8-36-920 ; provided, that the amount shall not exceed the amount that would otherwise be required. (4) Notwithstanding this section, if deposits of employer contributions attributable to federal funds are prohibited to be made to the stabilization reserve trust account or to the pension stabilization reserve trust fund pursuant to § 8-36-920(d)(2) , the employer contributions attributable to those funds shall be based solely on subdivision (a)(1)(A). (5) Notwithstanding this section, employer contributions shall be based solely on subdivision (a)(1)(A) on July 1 of any given year for an employer whose deposits into the stabilization reserve trust account are suspended pursuant to § 8-36-920(g) or whose deposits into the pension stabilization reserve trust fund are suspended pursuant to § 9-4-1005 . Nothing in this subdivision (a)(5) shall be deemed to give any participating employer or any participant a valid claim or cause of action for refund or credit for any sum or sums paid or to be paid to the hybrid plan or to the pension stabilization reserve trust fund. (b) The actuary of the retirement system shall compute the normal contribution rate and the accrued liability contribution rate payable to the defined benefit component of the plan for each account described in § 8-36-920(e) ; provided, however, the computation shall not include the stabilization reserve trust account and shall be made by an actuarial valuation in the manner provided by chapter 37, part 3 of this title; provided, further, that the entry age actuarial cost method, as defined by the Actuarial Standards Board, shall be used in determining normal costs and contributions for unfunded accrued liabilities. Level dollar amortization of unfunded accrued liabilities shall be used over a period of time as set by the board, but not to exceed twenty (20) years. The asset valuation method shall be based on the market value of plan assets and provide for smoothing of investment gains and losses over a period of time established by the board, but not to exceed ten (10) years. In addition, the actuarial demographic assumptions shall include projections of mortality improvement. (c) (1) Notwithstanding this part or any other law to the contrary, if the actuarial valuation as of any year establishes a normal contribution rate and an accrued liability contribution rate, combined, that exceeds four percent (4%), the following steps in the order provided below shall automatically take effect the next July 1 immediately following the actuarial valuation as determined by the actuarial valuation process: (A) Transfer such amounts as may be necessary from the stabilization reserve trust account created in § 8-36-920 to the reserve trust account to fund the increase in the employer contribution rate; (B) Request a transfer pursuant to § 9-4-1004 of such amounts as may be necessary from the pension stabilization reserve trust fund created in § 9-4-1001 to the reserve trust account to fund the increase in the employer contribution rate; (C) Suspend or reduce, as necessary, the three percent (3%) maximum cost-of-living adjustment as provided for in § 8-36-701(b)(1) . Any such suspension or reduction shall begin on the July 1 next following the actuarial valuation; (D) Suspend or reduce, as necessary, the amount of employer contributions required to the defined contribution component of the plan and redirect such amount to the reserve trust account to fund the increase in the employer contribution rate; (E) Increase the employee contributions required in § 8-36-904 by one percent (1%) of the participant's earnable compensation; (F) Reduce the retirement allowance formulas in § 8-36-907 from one percent (1%) and one and six-tenths percent (1.6%) to such lesser amount as is necessary to reduce the employer contribution rate to four percent (4%). The reduction in formulas shall only apply to future service accruals; and (G) If the employer contribution rate still exceeds four percent (4%) after taking the above steps, then the hybrid plan shall be suspended for future service accruals until such time as the employer rate equals four percent (4%) or lower. (2) If the actuarial valuation as of any year establishes a normal contribution rate and an accrued liability contribution rate, combined, that equals four percent (4%) or lower, the above steps in the reversed order as provided above shall automatically take effect the next July 1 immediately following the actuarial valuation as determined by the actuarial valuation process. (d) (1) The actuary of the retirement system shall determine the amount of the unfunded accrued liability for the defined benefit component of the hybrid plan. If the unfunded liability exceeds the maximum unfunded liability, the following steps in the order provided in subdivisions (d)(1)(A)-(E) shall automatically apply on the effective date that the maximum unfunded liability has been reached. The unfunded liability shall be determined by the calculation of the net pension liability in accordance with the standards and other pronouncements issued by the governmental accounting standards board. For purposes of this section, "maximum unfunded liability" means with respect to state employees an unfunded liability of no greater than twelve and one-half percent (12.5%) of a five-year moving market average of the general obligation debt of the state of Tennessee, including its commercial paper. With respect to teachers, "maximum unfunded liability" means an unfunded liability of no greater than twelve and one-half percent (12.5%) of a five-year moving market average of the general obligation debt of the state of Tennessee, including its commercial paper. With respect to political subdivision employees, "maximum unfunded liability" means an unfunded liability of no greater than the amount as determined by the employees' respective employer as shall be set forth in the political subdivision's participation resolution, but in no event shall the maximum unfunded liability be greater than twenty percent (20%) of the political subdivision's total pension liability: (A) Suspend or reduce, as necessary, the three percent (3%) maximum cost-of-living adjustment as provided for in § 8-36-701(b)(1) . Any such suspension or reduction shall begin on the July 1 next following the actuarial valuation; (B) Suspend or reduce, as necessary, the amount of employer contributions required to the defined contribution component of the plan and redirect such amount to the reserve trust account to fund the increase in the maximum unfunded liability; (C) Increase the employee contributions required in § 8-36-904 by one percent (1%) of the participant's earnable compensation; (D) Reduce the retirement allowance formulas in § 8-36-907 from one percent (1%) and one and six-tenths percent (1.6%) to such lesser amount as is necessary to reduce the unfunded liability to the maximum unfunded liability. The reduction in formulas shall only apply to future service accruals; and (E) If the maximum unfunded liability is still exceeded, then the hybrid plan shall be suspended for future service accruals until such time as the unfunded liability equals or is less than the maximum unfunded liability. (2) If the unfunded liability equals or is less than the maximum unfunded liability, the above steps in the reversed order as provided above shall automatically apply on the effective date that the unfunded liability equals or is less than the maximum unfunded liability. Amended by 2021 Tenn. Acts, ch. 251, s 3, eff. 4/28/2021. Amended by 2019 Tenn. Acts, ch. 381, s 6, eff. 5/10/2019. Amended by 2017 Tenn. Acts, ch. 374, Secs.s 5, s 6 eff. 5/11/2017. Amended by 2016 Tenn. Acts, ch. 962, s 10, Sec.s 11 eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 421, Secs.s 15, s 16, Secs.s 24, s 25 eff. 5/8/2015. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) (1) Every employer participating in the hybrid plan shall contribute each year a sum equal to the greater of: (A) The normal contribution rate and the accrued liability contribution rate as determined pursuant to subsection (b), multiplied by the earnable compensation of all its participating employees; or (B) Four percent (4%), rounded to the nearest whole number, of the earnable compensation of all its participating employees, except as otherwise provided in subdivision (a)(3). (2) All employer contributions shall be deposited to the hybrid plan benefits trust account until such time as the pension stabilization reserve trust takes effect as provided in § 9-4-1001 . Once the trust takes effect, any employer contributions made in excess of the actuarial rate determined pursuant to subsection (b) shall be deposited into the pension stabilization reserve trust fund established pursuant to § 9-4-1001 . (3) Employer contributions for kindergarten through twelfth (K-12) grade teachers shall be paid by the respective local education agency for which the teachers are employed. Employer contributions for political subdivision employees shall be paid by the respective participating political subdivision. Notwithstanding any other law to the contrary, the director of the retirement system is authorized, at the director's sole discretion, to determine the amount of employer contributions, if any, that must be paid by a local education agency into the stabilization reserve trust account or to the pension stabilization reserve trust fund pursuant to § 8-36-920 ; provided, that the amount shall not exceed the amount that would otherwise be required. The director of the retirement system is further authorized, at the director's sole discretion, to determine the amount of employer contributions, if any, that must be paid by a participating political subdivision into its individual pension stabilization reserve trust fund pursuant to § 8-36-920 ; provided, that the amount shall not exceed the amount that would otherwise be required. (4) Notwithstanding this section, if deposits of employer contributions attributable to federal funds are prohibited to be made to the stabilization reserve trust account or to the pension stabilization reserve trust fund pursuant to § 8-36-920(d)(2) , the employer contributions attributable to those funds shall be based solely on subdivision (a)(1)(A). (5) Notwithstanding this section, employer contributions shall be based solely on subdivision (a)(1)(A) on July 1 of any given year for an employer whose deposits into the stabilization reserve trust account are suspended pursuant to § 8-36-920(g) or whose deposits into the pension stabilization reserve trust fund are suspended pursuant to § 9-4-1005 . Nothing in this subdivision (a)(5) shall be deemed to give any participating employer or any participant a valid claim or cause of action for refund or credit for any sum or sums paid or to be paid to the hybrid plan or to the pension stabilization reserve trust fund.
(1) Every employer participating in the hybrid plan shall contribute each year a sum equal to the greater of: (A) The normal contribution rate and the accrued liability contribution rate as determined pursuant to subsection (b), multiplied by the earnable compensation of all its participating employees; or (B) Four percent (4%), rounded to the nearest whole number, of the earnable compensation of all its participating employees, except as otherwise provided in subdivision (a)(3).
(A) The normal contribution rate and the accrued liability contribution rate as determined pursuant to subsection (b), multiplied by the earnable compensation of all its participating employees; or
(B) Four percent (4%), rounded to the nearest whole number, of the earnable compensation of all its participating employees, except as otherwise provided in subdivision (a)(3).
(2) All employer contributions shall be deposited to the hybrid plan benefits trust account until such time as the pension stabilization reserve trust takes effect as provided in § 9-4-1001 . Once the trust takes effect, any employer contributions made in excess of the actuarial rate determined pursuant to subsection (b) shall be deposited into the pension stabilization reserve trust fund established pursuant to § 9-4-1001 .
(3) Employer contributions for kindergarten through twelfth (K-12) grade teachers shall be paid by the respective local education agency for which the teachers are employed. Employer contributions for political subdivision employees shall be paid by the respective participating political subdivision. Notwithstanding any other law to the contrary, the director of the retirement system is authorized, at the director's sole discretion, to determine the amount of employer contributions, if any, that must be paid by a local education agency into the stabilization reserve trust account or to the pension stabilization reserve trust fund pursuant to § 8-36-920 ; provided, that the amount shall not exceed the amount that would otherwise be required. The director of the retirement system is further authorized, at the director's sole discretion, to determine the amount of employer contributions, if any, that must be paid by a participating political subdivision into its individual pension stabilization reserve trust fund pursuant to § 8-36-920 ; provided, that the amount shall not exceed the amount that would otherwise be required.
(4) Notwithstanding this section, if deposits of employer contributions attributable to federal funds are prohibited to be made to the stabilization reserve trust account or to the pension stabilization reserve trust fund pursuant to § 8-36-920(d)(2) , the employer contributions attributable to those funds shall be based solely on subdivision (a)(1)(A).
(5) Notwithstanding this section, employer contributions shall be based solely on subdivision (a)(1)(A) on July 1 of any given year for an employer whose deposits into the stabilization reserve trust account are suspended pursuant to § 8-36-920(g) or whose deposits into the pension stabilization reserve trust fund are suspended pursuant to § 9-4-1005 . Nothing in this subdivision (a)(5) shall be deemed to give any participating employer or any participant a valid claim or cause of action for refund or credit for any sum or sums paid or to be paid to the hybrid plan or to the pension stabilization reserve trust fund.
(b) The actuary of the retirement system shall compute the normal contribution rate and the accrued liability contribution rate payable to the defined benefit component of the plan for each account described in § 8-36-920(e) ; provided, however, the computation shall not include the stabilization reserve trust account and shall be made by an actuarial valuation in the manner provided by chapter 37, part 3 of this title; provided, further, that the entry age actuarial cost method, as defined by the Actuarial Standards Board, shall be used in determining normal costs and contributions for unfunded accrued liabilities. Level dollar amortization of unfunded accrued liabilities shall be used over a period of time as set by the board, but not to exceed twenty (20) years. The asset valuation method shall be based on the market value of plan assets and provide for smoothing of investment gains and losses over a period of time established by the board, but not to exceed ten (10) years. In addition, the actuarial demographic assumptions shall include projections of mortality improvement.
(c) (1) Notwithstanding this part or any other law to the contrary, if the actuarial valuation as of any year establishes a normal contribution rate and an accrued liability contribution rate, combined, that exceeds four percent (4%), the following steps in the order provided below shall automatically take effect the next July 1 immediately following the actuarial valuation as determined by the actuarial valuation process: (A) Transfer such amounts as may be necessary from the stabilization reserve trust account created in § 8-36-920 to the reserve trust account to fund the increase in the employer contribution rate; (B) Request a transfer pursuant to § 9-4-1004 of such amounts as may be necessary from the pension stabilization reserve trust fund created in § 9-4-1001 to the reserve trust account to fund the increase in the employer contribution rate; (C) Suspend or reduce, as necessary, the three percent (3%) maximum cost-of-living adjustment as provided for in § 8-36-701(b)(1) . Any such suspension or reduction shall begin on the July 1 next following the actuarial valuation; (D) Suspend or reduce, as necessary, the amount of employer contributions required to the defined contribution component of the plan and redirect such amount to the reserve trust account to fund the increase in the employer contribution rate; (E) Increase the employee contributions required in § 8-36-904 by one percent (1%) of the participant's earnable compensation; (F) Reduce the retirement allowance formulas in § 8-36-907 from one percent (1%) and one and six-tenths percent (1.6%) to such lesser amount as is necessary to reduce the employer contribution rate to four percent (4%). The reduction in formulas shall only apply to future service accruals; and (G) If the employer contribution rate still exceeds four percent (4%) after taking the above steps, then the hybrid plan shall be suspended for future service accruals until such time as the employer rate equals four percent (4%) or lower. (2) If the actuarial valuation as of any year establishes a normal contribution rate and an accrued liability contribution rate, combined, that equals four percent (4%) or lower, the above steps in the reversed order as provided above shall automatically take effect the next July 1 immediately following the actuarial valuation as determined by the actuarial valuation process.
(1) Notwithstanding this part or any other law to the contrary, if the actuarial valuation as of any year establishes a normal contribution rate and an accrued liability contribution rate, combined, that exceeds four percent (4%), the following steps in the order provided below shall automatically take effect the next July 1 immediately following the actuarial valuation as determined by the actuarial valuation process: (A) Transfer such amounts as may be necessary from the stabilization reserve trust account created in § 8-36-920 to the reserve trust account to fund the increase in the employer contribution rate; (B) Request a transfer pursuant to § 9-4-1004 of such amounts as may be necessary from the pension stabilization reserve trust fund created in § 9-4-1001 to the reserve trust account to fund the increase in the employer contribution rate; (C) Suspend or reduce, as necessary, the three percent (3%) maximum cost-of-living adjustment as provided for in § 8-36-701(b)(1) . Any such suspension or reduction shall begin on the July 1 next following the actuarial valuation; (D) Suspend or reduce, as necessary, the amount of employer contributions required to the defined contribution component of the plan and redirect such amount to the reserve trust account to fund the increase in the employer contribution rate; (E) Increase the employee contributions required in § 8-36-904 by one percent (1%) of the participant's earnable compensation; (F) Reduce the retirement allowance formulas in § 8-36-907 from one percent (1%) and one and six-tenths percent (1.6%) to such lesser amount as is necessary to reduce the employer contribution rate to four percent (4%). The reduction in formulas shall only apply to future service accruals; and (G) If the employer contribution rate still exceeds four percent (4%) after taking the above steps, then the hybrid plan shall be suspended for future service accruals until such time as the employer rate equals four percent (4%) or lower.
(A) Transfer such amounts as may be necessary from the stabilization reserve trust account created in § 8-36-920 to the reserve trust account to fund the increase in the employer contribution rate;
(B) Request a transfer pursuant to § 9-4-1004 of such amounts as may be necessary from the pension stabilization reserve trust fund created in § 9-4-1001 to the reserve trust account to fund the increase in the employer contribution rate;
(C) Suspend or reduce, as necessary, the three percent (3%) maximum cost-of-living adjustment as provided for in § 8-36-701(b)(1) . Any such suspension or reduction shall begin on the July 1 next following the actuarial valuation;
(D) Suspend or reduce, as necessary, the amount of employer contributions required to the defined contribution component of the plan and redirect such amount to the reserve trust account to fund the increase in the employer contribution rate;
(E) Increase the employee contributions required in § 8-36-904 by one percent (1%) of the participant's earnable compensation;
(F) Reduce the retirement allowance formulas in § 8-36-907 from one percent (1%) and one and six-tenths percent (1.6%) to such lesser amount as is necessary to reduce the employer contribution rate to four percent (4%). The reduction in formulas shall only apply to future service accruals; and
(G) If the employer contribution rate still exceeds four percent (4%) after taking the above steps, then the hybrid plan shall be suspended for future service accruals until such time as the employer rate equals four percent (4%) or lower.
(2) If the actuarial valuation as of any year establishes a normal contribution rate and an accrued liability contribution rate, combined, that equals four percent (4%) or lower, the above steps in the reversed order as provided above shall automatically take effect the next July 1 immediately following the actuarial valuation as determined by the actuarial valuation process.
(d) (1) The actuary of the retirement system shall determine the amount of the unfunded accrued liability for the defined benefit component of the hybrid plan. If the unfunded liability exceeds the maximum unfunded liability, the following steps in the order provided in subdivisions (d)(1)(A)-(E) shall automatically apply on the effective date that the maximum unfunded liability has been reached. The unfunded liability shall be determined by the calculation of the net pension liability in accordance with the standards and other pronouncements issued by the governmental accounting standards board. For purposes of this section, "maximum unfunded liability" means with respect to state employees an unfunded liability of no greater than twelve and one-half percent (12.5%) of a five-year moving market average of the general obligation debt of the state of Tennessee, including its commercial paper. With respect to teachers, "maximum unfunded liability" means an unfunded liability of no greater than twelve and one-half percent (12.5%) of a five-year moving market average of the general obligation debt of the state of Tennessee, including its commercial paper. With respect to political subdivision employees, "maximum unfunded liability" means an unfunded liability of no greater than the amount as determined by the employees' respective employer as shall be set forth in the political subdivision's participation resolution, but in no event shall the maximum unfunded liability be greater than twenty percent (20%) of the political subdivision's total pension liability: (A) Suspend or reduce, as necessary, the three percent (3%) maximum cost-of-living adjustment as provided for in § 8-36-701(b)(1) . Any such suspension or reduction shall begin on the July 1 next following the actuarial valuation; (B) Suspend or reduce, as necessary, the amount of employer contributions required to the defined contribution component of the plan and redirect such amount to the reserve trust account to fund the increase in the maximum unfunded liability; (C) Increase the employee contributions required in § 8-36-904 by one percent (1%) of the participant's earnable compensation; (D) Reduce the retirement allowance formulas in § 8-36-907 from one percent (1%) and one and six-tenths percent (1.6%) to such lesser amount as is necessary to reduce the unfunded liability to the maximum unfunded liability. The reduction in formulas shall only apply to future service accruals; and (E) If the maximum unfunded liability is still exceeded, then the hybrid plan shall be suspended for future service accruals until such time as the unfunded liability equals or is less than the maximum unfunded liability. (2) If the unfunded liability equals or is less than the maximum unfunded liability, the above steps in the reversed order as provided above shall automatically apply on the effective date that the unfunded liability equals or is less than the maximum unfunded liability.
(1) The actuary of the retirement system shall determine the amount of the unfunded accrued liability for the defined benefit component of the hybrid plan. If the unfunded liability exceeds the maximum unfunded liability, the following steps in the order provided in subdivisions (d)(1)(A)-(E) shall automatically apply on the effective date that the maximum unfunded liability has been reached. The unfunded liability shall be determined by the calculation of the net pension liability in accordance with the standards and other pronouncements issued by the governmental accounting standards board. For purposes of this section, "maximum unfunded liability" means with respect to state employees an unfunded liability of no greater than twelve and one-half percent (12.5%) of a five-year moving market average of the general obligation debt of the state of Tennessee, including its commercial paper. With respect to teachers, "maximum unfunded liability" means an unfunded liability of no greater than twelve and one-half percent (12.5%) of a five-year moving market average of the general obligation debt of the state of Tennessee, including its commercial paper. With respect to political subdivision employees, "maximum unfunded liability" means an unfunded liability of no greater than the amount as determined by the employees' respective employer as shall be set forth in the political subdivision's participation resolution, but in no event shall the maximum unfunded liability be greater than twenty percent (20%) of the political subdivision's total pension liability: (A) Suspend or reduce, as necessary, the three percent (3%) maximum cost-of-living adjustment as provided for in § 8-36-701(b)(1) . Any such suspension or reduction shall begin on the July 1 next following the actuarial valuation; (B) Suspend or reduce, as necessary, the amount of employer contributions required to the defined contribution component of the plan and redirect such amount to the reserve trust account to fund the increase in the maximum unfunded liability; (C) Increase the employee contributions required in § 8-36-904 by one percent (1%) of the participant's earnable compensation; (D) Reduce the retirement allowance formulas in § 8-36-907 from one percent (1%) and one and six-tenths percent (1.6%) to such lesser amount as is necessary to reduce the unfunded liability to the maximum unfunded liability. The reduction in formulas shall only apply to future service accruals; and (E) If the maximum unfunded liability is still exceeded, then the hybrid plan shall be suspended for future service accruals until such time as the unfunded liability equals or is less than the maximum unfunded liability.
(A) Suspend or reduce, as necessary, the three percent (3%) maximum cost-of-living adjustment as provided for in § 8-36-701(b)(1) . Any such suspension or reduction shall begin on the July 1 next following the actuarial valuation;
(B) Suspend or reduce, as necessary, the amount of employer contributions required to the defined contribution component of the plan and redirect such amount to the reserve trust account to fund the increase in the maximum unfunded liability;
(C) Increase the employee contributions required in § 8-36-904 by one percent (1%) of the participant's earnable compensation;
(D) Reduce the retirement allowance formulas in § 8-36-907 from one percent (1%) and one and six-tenths percent (1.6%) to such lesser amount as is necessary to reduce the unfunded liability to the maximum unfunded liability. The reduction in formulas shall only apply to future service accruals; and
(E) If the maximum unfunded liability is still exceeded, then the hybrid plan shall be suspended for future service accruals until such time as the unfunded liability equals or is less than the maximum unfunded liability.
(2) If the unfunded liability equals or is less than the maximum unfunded liability, the above steps in the reversed order as provided above shall automatically apply on the effective date that the unfunded liability equals or is less than the maximum unfunded liability.
Amended by 2021 Tenn. Acts, ch. 251, s 3, eff. 4/28/2021.
Amended by 2019 Tenn. Acts, ch. 381, s 6, eff. 5/10/2019.
Amended by 2017 Tenn. Acts, ch. 374, Secs.s 5, s 6 eff. 5/11/2017.
Amended by 2016 Tenn. Acts, ch. 962, s 10, Sec.s 11 eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 421, Secs.s 15, s 16, Secs.s 24, s 25 eff. 5/8/2015.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-14-304 — TN Code / Title 8 / Chapter 14 / Section 8-14-304
Duties of executive director
Status: in_force

The executive director of the district public defenders conference shall attend to such duties as may be assigned to the executive director by the district public defenders conference or the executive committee of such conference. Amended by 2019 Tenn. Acts, ch. 420,s 5, eff. 5/21/2019. Acts 1989, ch. 588, § 20; 1996, ch. 610, § 4.
The executive director of the district public defenders conference shall attend to such duties as may be assigned to the executive director by the district public defenders conference or the executive committee of such conference.
Amended by 2019 Tenn. Acts, ch. 420,s 5, eff. 5/21/2019.
Acts 1989, ch. 588, § 20; 1996, ch. 610, § 4.
Tenn. Code Ann. § 8-25-203 — TN Code / Title 8 / Chapter 25 / Section 8-25-203
Trustees - Duties - Delegation of duties - Cost of administration - Selection of investment products
Status: in_force

(a) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of the optional retirement program established under § 8-25-202 . (b) The trustees shall establish an investment policy for the assets of the optional retirement program. (c) The trustees may delegate to the state treasurer the duty to carry out the day-to-day operations and responsibilities for the administration of the optional retirement program. In exercising the delegation, the state treasurer shall be authorized to exercise such powers as are vested in the trustees that are necessary to fulfill the delegated duties and responsibilities; may assign any duties and responsibilities to the state treasurer's staff or private vendors and contractors, as the state treasurer deems necessary and proper; and may consult with professionals as necessary about the administration of the program. In administering the program, the state treasurer may make such rules as deemed necessary and proper for the effective functioning of the program. Any such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The state treasurer may also establish policies, guidelines, and operating procedures in exercising the state treasurer's delegation from the trustees, including, but not limited to, complying with all applicable state and federal laws and rules. (d) The state treasurer may assess the costs associated with administering this program to the participating employees in order that such plan shall operate without administrative cost to or contribution from the state. (e) The trustees shall designate a company or companies from which administrative services are to be purchased under the optional retirement program. The trustees may delegate to the state treasurer the authority to procure these administrative services in a manner prescribed by the trustees. (f) The trustees, at the request of the board of trustees of the University of Tennessee and the board of regents, may authorize the adoption of optional features to such programs. Any such authorization shall be subject to the approval of the council on pensions. For the purposes of this subsection (f), "optional features" does not include optional investment products. (g) The investment products offered to participants in the optional retirement program are subject to the approval of the trustees, and the trustees reserve the right to refuse or discontinue any product offered. The companies providing administrative services to the optional retirement program shall provide a report to the trustees at least semi-annually about participant use of the investment products offered. Amended by 2021 Tenn. Acts, ch. 303, s 5, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 576, Secs.s 8, s 9 eff. 3/16/2018. Amended by 2016 Tenn. Acts, ch. 962, s 7, eff. 4/27/2016. Acts 2015 , ch. 118, § 1.
(a) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of the optional retirement program established under § 8-25-202 .
(b) The trustees shall establish an investment policy for the assets of the optional retirement program.
(c) The trustees may delegate to the state treasurer the duty to carry out the day-to-day operations and responsibilities for the administration of the optional retirement program. In exercising the delegation, the state treasurer shall be authorized to exercise such powers as are vested in the trustees that are necessary to fulfill the delegated duties and responsibilities; may assign any duties and responsibilities to the state treasurer's staff or private vendors and contractors, as the state treasurer deems necessary and proper; and may consult with professionals as necessary about the administration of the program. In administering the program, the state treasurer may make such rules as deemed necessary and proper for the effective functioning of the program. Any such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The state treasurer may also establish policies, guidelines, and operating procedures in exercising the state treasurer's delegation from the trustees, including, but not limited to, complying with all applicable state and federal laws and rules.
(d) The state treasurer may assess the costs associated with administering this program to the participating employees in order that such plan shall operate without administrative cost to or contribution from the state.
(e) The trustees shall designate a company or companies from which administrative services are to be purchased under the optional retirement program. The trustees may delegate to the state treasurer the authority to procure these administrative services in a manner prescribed by the trustees.
(f) The trustees, at the request of the board of trustees of the University of Tennessee and the board of regents, may authorize the adoption of optional features to such programs. Any such authorization shall be subject to the approval of the council on pensions. For the purposes of this subsection (f), "optional features" does not include optional investment products.
(g) The investment products offered to participants in the optional retirement program are subject to the approval of the trustees, and the trustees reserve the right to refuse or discontinue any product offered. The companies providing administrative services to the optional retirement program shall provide a report to the trustees at least semi-annually about participant use of the investment products offered.
Amended by 2021 Tenn. Acts, ch. 303, s 5, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 576, Secs.s 8, s 9 eff. 3/16/2018.
Amended by 2016 Tenn. Acts, ch. 962, s 7, eff. 4/27/2016.
Acts 2015 , ch. 118, § 1.
Tenn. Code Ann. § 8-31-104 — TN Code / Title 8 / Chapter 31 / Section 8-31-104
Transfer of spouses
Status: in_force

When as a result of a marriage, state employees are in violation of the prohibition established by § 8-31-103 , such violation shall be resolved by means of such transfer within the governmental entity, transfer to another governmental entity, or resignation as may be necessary to remove such violation. The appointing authority of such governmental entity shall advise the employees of each of the alternatives available to remove such violation. Such employees shall be given the opportunity to select among such available alternatives. If such employees are unable to agree upon any such alternative within sixty (60) days, then the appointing authority shall take appropriate action to remove such violation. Acts 1980, ch. 789, § 4.
When as a result of a marriage, state employees are in violation of the prohibition established by § 8-31-103 , such violation shall be resolved by means of such transfer within the governmental entity, transfer to another governmental entity, or resignation as may be necessary to remove such violation. The appointing authority of such governmental entity shall advise the employees of each of the alternatives available to remove such violation. Such employees shall be given the opportunity to select among such available alternatives. If such employees are unable to agree upon any such alternative within sixty (60) days, then the appointing authority shall take appropriate action to remove such violation.
Acts 1980, ch. 789, § 4.
Tenn. Code Ann. § 8-19-111 — TN Code / Title 8 / Chapter 19 / Section 8-19-111
Terms of bond
Status: in_force

(a) The bonds of all public officers required by law to give bond shall, unless it is otherwise provided, be made payable to the state, with such sureties as the officer or court required to approve the same is satisfied are sufficient, and conditioned, in all cases in which a different condition is not prescribed, that the officer shall faithfully discharge the duties, or any part thereof, of such office during the time such officer continues therein. (b) In every case, provisions of this code to the contrary notwithstanding, the official bond of every county public official shall be conditioned as follows and not otherwise: "That if the ____________________ shall: Principal 1. Faithfully perform the duties of the office of ______________ of Office ______________ County during such person's term of office or continuance therein; and 2. Pay over to the persons authorized by law to receive them, all moneys, properties, or things of value that may come into such principal's hands during such principal's term of office or continuance therein without fraud or delay, and shall faithfully and safely keep all records required in such principal's official capacity, and at the expiration of the term, or in case of resignation or removal from office, shall turn over to the successor all records and property which have come into such principal's hands, then this obligation shall be null and void; otherwise to remain in full force and effect." (c) "Duties," as used in this section, includes any further and additional duties which may by law be made incumbent upon the particular office involved. Code 1858, § 761 (deriv. Acts 1847-1848, ch. 167); Shan., § 1082; Code 1932, § 1823; Acts 1959, ch. 189, §§ 1, 2; T.C.A. (orig. ed.), § 8-1911.
(a) The bonds of all public officers required by law to give bond shall, unless it is otherwise provided, be made payable to the state, with such sureties as the officer or court required to approve the same is satisfied are sufficient, and conditioned, in all cases in which a different condition is not prescribed, that the officer shall faithfully discharge the duties, or any part thereof, of such office during the time such officer continues therein.
(b) In every case, provisions of this code to the contrary notwithstanding, the official bond of every county public official shall be conditioned as follows and not otherwise: "That if the ____________________ shall: Principal 1. Faithfully perform the duties of the office of ______________ of Office ______________ County during such person's term of office or continuance therein; and 2. Pay over to the persons authorized by law to receive them, all moneys, properties, or things of value that may come into such principal's hands during such principal's term of office or continuance therein without fraud or delay, and shall faithfully and safely keep all records required in such principal's official capacity, and at the expiration of the term, or in case of resignation or removal from office, shall turn over to the successor all records and property which have come into such principal's hands, then this obligation shall be null and void; otherwise to remain in full force and effect."
"That if the ____________________ shall:
Principal
1. Faithfully perform the duties of the office of ______________ of Office ______________ County during such person's term of office or continuance therein; and
Office
______________ County during such person's term of office or continuance therein; and
2. Pay over to the persons authorized by law to receive them, all moneys, properties, or things of value that may come into such principal's hands during such principal's term of office or continuance therein without fraud or delay, and shall faithfully and safely keep all records required in such principal's official capacity, and at the expiration of the term, or in case of resignation or removal from office, shall turn over to the successor all records and property which have come into such principal's hands, then this obligation shall be null and void; otherwise to remain in full force and effect."
(c) "Duties," as used in this section, includes any further and additional duties which may by law be made incumbent upon the particular office involved.
Code 1858, § 761 (deriv. Acts 1847-1848, ch. 167); Shan., § 1082; Code 1932, § 1823; Acts 1959, ch. 189, §§ 1, 2; T.C.A. (orig. ed.), § 8-1911.
Tenn. Code Ann. § 8-50-407 — TN Code / Title 8 / Chapter 50 / Section 8-50-407
Travel expenses - Payment by receiving agency
Status: in_force

A receiving agency in this state may, in accordance with the travel regulations of the state, pay travel expenses of persons assigned thereto under this part during the period of such assignments on the same basis as if they were regular employees of the receiving agency. Acts 1967, ch. 324, § 7; T.C.A., §§ 8-4124, 8-4123.
A receiving agency in this state may, in accordance with the travel regulations of the state, pay travel expenses of persons assigned thereto under this part during the period of such assignments on the same basis as if they were regular employees of the receiving agency.
Acts 1967, ch. 324, § 7; T.C.A., §§ 8-4124, 8-4123.
Tenn. Code Ann. § 8-10-108 — TN Code / Title 8 / Chapter 10 / Section 8-10-108
Oath of office
Status: in_force

(a) Except as provided in subsection (b), every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable. (b) In counties having a population of: not less than nor more than 3,700.................... 4,700 6,000.................... 7,800 8,400.................... 8,500 8,535.................... 8,540 9,200.................... 9,570 10,770.................... 10,780 11,500.................... 11,511 11,512.................... 11,550 11,700.................... 11,900 12,060.................... 12,500 12,550.................... 13,000 14,500.................... 14,600 15,300.................... 15,500 15,750.................... 16,000 17,000.................... 17,350 18,000.................... 18,200 18,300.................... 18,900 19,000.................... 19,100 19,130.................... 19,140 21,000.................... 21,500 21,600.................... 22,300 23,200.................... 23,350 23,355.................... 23,391 23,391.................... 23,450 23,500.................... 23,750 24,000.................... 24,255 25,600.................... 27,500 27,900.................... 28,000 28,555.................... 28,600 28,825.................... 28,827 29,250.................... 31,250 31,260.................... 33,000 33,700.................... 34,000 35,480.................... 41,800 41,900.................... 50,000 57,550.................... 59,400 59,500.................... 60,050 60,600.................... 62,000 64,000.................... 65,000 101,000.................... 118,400 118,700.................... 200,000 according to the 1960 federal census or any subsequent federal census, and in Fentress County and Hamblen County, every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will cause the peace of the state to be kept, to the best of the constable's power; that the constable will arrest all such persons as go in the constable's sight armed offensively, or who commit any riot, affray, or other breach of the peace, or will use the constable's best endeavor, on complaint made, to apprehend all felons, rioters, or persons riotously assembled; and that, if such persons flee or make resistance, the constable will pursue, and make hue and cry, according to law; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable. (c) The oath of office may be administered to the constable by any judge of the court of general sessions or other judicial officer of the constable's county. (d) Notwithstanding any other law or interpretation thereof to the contrary, the constables in counties having a population of not less than thirteen thousand five hundred sixty-five (13,565) nor more than thirteen thousand six hundred (13,600), according to the 1980 federal census or any subsequent federal census, shall continue to be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and §§ 39-17-505 , 40-6-210 , 40-6-212 , 55-8-152 , 57-9-101 , 57-9-103 and 57-9-201 . (e) Notwithstanding any other law to the contrary, the constables in counties having a population of not less than seventeen thousand four hundred seventy-five (17,475) nor more than seventeen thousand five hundred seventy-five (17,575), according to the 2000 federal census or any subsequent federal census, shall be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and §§ 39-17-505 , 40-6-210 , 40-6-212 , 55-8-152 , 57-9-101 , 57-9-103 and 57-9-201 . Code 1858, §§ 388, 389 (deriv. Acts 1741, ch. 5, §§ 2, 6); Shan., §§ 479, 480; Code 1932, §§ 726, 727; Acts 1969, ch. 160, § 1; 1969, ch. 319, §§ 2, 4; 1970, ch. 383, § 1; 1970, ch. 384, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, § 2; 1971, ch. 231, § 1; 1972, ch. 472, § 1; 1973, ch. 197, § 1; 1973, ch. 382, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1008; Acts 1982, ch. 881, § 1; 1983, ch. 339, § 1; 1987, ch. 59, § 1; 1991, ch. 9, § 3; 1992, ch. 973, § 2; Private Acts 1994, ch. 191, § 1; Acts 1996, ch. 553, § 2; 1996, ch. 675, § 11; 1996, ch. 753, § 1; 2004, ch. 450, § 2.
(a) Except as provided in subsection (b), every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.
(b) In counties having a population of: not less than nor more than 3,700.................... 4,700 6,000.................... 7,800 8,400.................... 8,500 8,535.................... 8,540 9,200.................... 9,570 10,770.................... 10,780 11,500.................... 11,511 11,512.................... 11,550 11,700.................... 11,900 12,060.................... 12,500 12,550.................... 13,000 14,500.................... 14,600 15,300.................... 15,500 15,750.................... 16,000 17,000.................... 17,350 18,000.................... 18,200 18,300.................... 18,900 19,000.................... 19,100 19,130.................... 19,140 21,000.................... 21,500 21,600.................... 22,300 23,200.................... 23,350 23,355.................... 23,391 23,391.................... 23,450 23,500.................... 23,750 24,000.................... 24,255 25,600.................... 27,500 27,900.................... 28,000 28,555.................... 28,600 28,825.................... 28,827 29,250.................... 31,250 31,260.................... 33,000 33,700.................... 34,000 35,480.................... 41,800 41,900.................... 50,000 57,550.................... 59,400 59,500.................... 60,050 60,600.................... 62,000 64,000.................... 65,000 101,000.................... 118,400 118,700.................... 200,000 according to the 1960 federal census or any subsequent federal census, and in Fentress County and Hamblen County, every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will cause the peace of the state to be kept, to the best of the constable's power; that the constable will arrest all such persons as go in the constable's sight armed offensively, or who commit any riot, affray, or other breach of the peace, or will use the constable's best endeavor, on complaint made, to apprehend all felons, rioters, or persons riotously assembled; and that, if such persons flee or make resistance, the constable will pursue, and make hue and cry, according to law; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.
not less than nor more than 3,700.................... 4,700 6,000.................... 7,800 8,400.................... 8,500 8,535.................... 8,540 9,200.................... 9,570 10,770.................... 10,780 11,500.................... 11,511 11,512.................... 11,550 11,700.................... 11,900 12,060.................... 12,500 12,550.................... 13,000 14,500.................... 14,600 15,300.................... 15,500 15,750.................... 16,000 17,000.................... 17,350 18,000.................... 18,200 18,300.................... 18,900 19,000.................... 19,100 19,130.................... 19,140 21,000.................... 21,500 21,600.................... 22,300 23,200.................... 23,350 23,355.................... 23,391 23,391.................... 23,450 23,500.................... 23,750 24,000.................... 24,255 25,600.................... 27,500 27,900.................... 28,000 28,555.................... 28,600 28,825.................... 28,827 29,250.................... 31,250 31,260.................... 33,000 33,700.................... 34,000 35,480.................... 41,800 41,900.................... 50,000 57,550.................... 59,400 59,500.................... 60,050 60,600.................... 62,000 64,000.................... 65,000 101,000.................... 118,400 118,700.................... 200,000
not less than
nor more than
3,700....................
4,700
6,000....................
7,800
8,400....................
8,500
8,535....................
8,540
9,200....................
9,570
10,770....................
10,780
11,500....................
11,511
11,512....................
11,550
11,700....................
11,900
12,060....................
12,500
12,550....................
13,000
14,500....................
14,600
15,300....................
15,500
15,750....................
16,000
17,000....................
17,350
18,000....................
18,200
18,300....................
18,900
19,000....................
19,100
19,130....................
19,140
21,000....................
21,500
21,600....................
22,300
23,200....................
23,350
23,355....................
23,391
23,391....................
23,450
23,500....................
23,750
24,000....................
24,255
25,600....................
27,500
27,900....................
28,000
28,555....................
28,600
28,825....................
28,827
29,250....................
31,250
31,260....................
33,000
33,700....................
34,000
35,480....................
41,800
41,900....................
50,000
57,550....................
59,400
59,500....................
60,050
60,600....................
62,000
64,000....................
65,000
101,000....................
118,400
118,700....................
200,000
according to the 1960 federal census or any subsequent federal census, and in Fentress County and Hamblen County, every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will cause the peace of the state to be kept, to the best of the constable's power; that the constable will arrest all such persons as go in the constable's sight armed offensively, or who commit any riot, affray, or other breach of the peace, or will use the constable's best endeavor, on complaint made, to apprehend all felons, rioters, or persons riotously assembled; and that, if such persons flee or make resistance, the constable will pursue, and make hue and cry, according to law; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.
(c) The oath of office may be administered to the constable by any judge of the court of general sessions or other judicial officer of the constable's county.
(d) Notwithstanding any other law or interpretation thereof to the contrary, the constables in counties having a population of not less than thirteen thousand five hundred sixty-five (13,565) nor more than thirteen thousand six hundred (13,600), according to the 1980 federal census or any subsequent federal census, shall continue to be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and §§ 39-17-505 , 40-6-210 , 40-6-212 , 55-8-152 , 57-9-101 , 57-9-103 and 57-9-201 .
(e) Notwithstanding any other law to the contrary, the constables in counties having a population of not less than seventeen thousand four hundred seventy-five (17,475) nor more than seventeen thousand five hundred seventy-five (17,575), according to the 2000 federal census or any subsequent federal census, shall be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and §§ 39-17-505 , 40-6-210 , 40-6-212 , 55-8-152 , 57-9-101 , 57-9-103 and 57-9-201 .
Code 1858, §§ 388, 389 (deriv. Acts 1741, ch. 5, §§ 2, 6); Shan., §§ 479, 480; Code 1932, §§ 726, 727; Acts 1969, ch. 160, § 1; 1969, ch. 319, §§ 2, 4; 1970, ch. 383, § 1; 1970, ch. 384, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, § 2; 1971, ch. 231, § 1; 1972, ch. 472, § 1; 1973, ch. 197, § 1; 1973, ch. 382, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1008; Acts 1982, ch. 881, § 1; 1983, ch. 339, § 1; 1987, ch. 59, § 1; 1991, ch. 9, § 3; 1992, ch. 973, § 2; Private Acts 1994, ch. 191, § 1; Acts 1996, ch. 553, § 2; 1996, ch. 675, § 11; 1996, ch. 753, § 1; 2004, ch. 450, § 2.
Tenn. Code Ann. § 8-36-906 — TN Code / Title 8 / Chapter 36 / Section 8-36-906
Eligibility for service retirement allowance from defined benefit component of plan
Status: in_force

(a) (1) Except as otherwise provided in this section and in § 8-36-921 , any participant shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty-five (65) years of age and completion of five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal ninety (90). (2) Any participant serving in a position covered by the mandatory retirement provisions of § 8-36-205 shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty (60) years of age and upon completion of five (5) years of creditable service, or at any age upon completion of thirty (30) years of creditable service. Further, any participant who has creditable service in a position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit pursuant to § 8-36-211 shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the participant was in a position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the participant's retirement allowance under § 8-36-907 . (b) Any participant serving as the attorney general and reporter, a district attorney general, district public defender, or state judge shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty (60) years of age and upon completion of eight (8) years of creditable service, or upon the attainment of fifty-five (55) years of age and upon completion of twenty-four (24) years of creditable service. (c) Any participant serving as a member of the general assembly shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty (60) years of age and upon completion of four (4) years of creditable service. (d) A member in the defined benefit component of the hybrid plan shall be one hundred percent (100%) vested in the member's service retirement allowance upon attaining the normal retirement age of sixty-five (65) with at least five (5) years of creditable service, except that if such member is: (1) Covered by the mandatory retirement provisions of § 8-36-205 , then the normal retirement age of sixty (60) with at least five (5) years of creditable service; (2) Serving as the attorney general and reporter, a district attorney general, district public defender, or state judge, then the normal retirement age of sixty (60) with eight (8) years of creditable service; or (3) A member of the general assembly, then the normal retirement age of sixty (60) with four (4) years of creditable service. (e) A member who leaves the service of the employer before reaching normal retirement age but after completing at least five (5) years of creditable service shall have a vested right to accrued benefits from the plan. (f) A member shall be one hundred percent (100%) vested in the member's accumulated contributions at all times. A member in the hybrid plan shall be one hundred percent (100%) vested in the employee and employer contributions under the defined contribution component of the hybrid plan at all times. (g) In the event of a full or partial termination of, or a complete discontinuance of employer contributions to the plan, the accrued benefits of the affected members under the plan shall be one hundred percent (100%) vested and nonforfeitable to the extent funded and to the extent required by federal law. (h) In conformity with § 401(a)(8) of the Internal Revenue Code ( 26 U.S.C.§ 401(a)(8) ), any forfeitures of benefits by members or former members shall not be used to pay benefit increases. However, such forfeitures shall be used to reduce employer contributions. Amended by 2016 Tenn. Acts, ch. 605, s 10, eff. 3/17/2016. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) (1) Except as otherwise provided in this section and in § 8-36-921 , any participant shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty-five (65) years of age and completion of five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal ninety (90). (2) Any participant serving in a position covered by the mandatory retirement provisions of § 8-36-205 shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty (60) years of age and upon completion of five (5) years of creditable service, or at any age upon completion of thirty (30) years of creditable service. Further, any participant who has creditable service in a position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit pursuant to § 8-36-211 shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the participant was in a position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the participant's retirement allowance under § 8-36-907 .
(1) Except as otherwise provided in this section and in § 8-36-921 , any participant shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty-five (65) years of age and completion of five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal ninety (90).
(2) Any participant serving in a position covered by the mandatory retirement provisions of § 8-36-205 shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty (60) years of age and upon completion of five (5) years of creditable service, or at any age upon completion of thirty (30) years of creditable service. Further, any participant who has creditable service in a position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit pursuant to § 8-36-211 shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the participant was in a position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the participant's retirement allowance under § 8-36-907 .
(b) Any participant serving as the attorney general and reporter, a district attorney general, district public defender, or state judge shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty (60) years of age and upon completion of eight (8) years of creditable service, or upon the attainment of fifty-five (55) years of age and upon completion of twenty-four (24) years of creditable service.
(c) Any participant serving as a member of the general assembly shall be eligible for a service retirement allowance from the defined benefit component of the plan upon attainment of sixty (60) years of age and upon completion of four (4) years of creditable service.
(d) A member in the defined benefit component of the hybrid plan shall be one hundred percent (100%) vested in the member's service retirement allowance upon attaining the normal retirement age of sixty-five (65) with at least five (5) years of creditable service, except that if such member is: (1) Covered by the mandatory retirement provisions of § 8-36-205 , then the normal retirement age of sixty (60) with at least five (5) years of creditable service; (2) Serving as the attorney general and reporter, a district attorney general, district public defender, or state judge, then the normal retirement age of sixty (60) with eight (8) years of creditable service; or (3) A member of the general assembly, then the normal retirement age of sixty (60) with four (4) years of creditable service.
(1) Covered by the mandatory retirement provisions of § 8-36-205 , then the normal retirement age of sixty (60) with at least five (5) years of creditable service;
(2) Serving as the attorney general and reporter, a district attorney general, district public defender, or state judge, then the normal retirement age of sixty (60) with eight (8) years of creditable service; or
(3) A member of the general assembly, then the normal retirement age of sixty (60) with four (4) years of creditable service.
(e) A member who leaves the service of the employer before reaching normal retirement age but after completing at least five (5) years of creditable service shall have a vested right to accrued benefits from the plan.
(f) A member shall be one hundred percent (100%) vested in the member's accumulated contributions at all times. A member in the hybrid plan shall be one hundred percent (100%) vested in the employee and employer contributions under the defined contribution component of the hybrid plan at all times.
(g) In the event of a full or partial termination of, or a complete discontinuance of employer contributions to the plan, the accrued benefits of the affected members under the plan shall be one hundred percent (100%) vested and nonforfeitable to the extent funded and to the extent required by federal law.
(h) In conformity with § 401(a)(8) of the Internal Revenue Code ( 26 U.S.C.§ 401(a)(8) ), any forfeitures of benefits by members or former members shall not be used to pay benefit increases. However, such forfeitures shall be used to reduce employer contributions.
Amended by 2016 Tenn. Acts, ch. 605, s 10, eff. 3/17/2016.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-50-116 — TN Code / Title 8 / Chapter 50 / Section 8-50-116
Reporting violations of state agency, employee, or contractor
Status: in_force

(a) (1) It is the intent of the general assembly that state employees shall be encouraged to report verbally or in writing to their supervisor, department head, or other appropriate authority or entity, evidence of activity by a state agency or state employee or state contractor constituting violations of state or federal law or regulations, fraud in the operations of government programs, misappropriation of state or federal resources, acts which endanger the health or safety of the public or employees, and mismanagement of programs, funds, or abuses of authority. (2) The general assembly further finds and declares that public servants best serve the citizens when they can be candid and honest without reservation in conducting the public's business. (3) It is the further intent of the general assembly that state employees be free of intimidation or harassment when reporting to public bodies about matters of public concern, including offering testimony to, or testifying before, appropriate legislative panels. (b) (1) No head of any state department, agency or institution, state employee exercising supervisory authority, other state employee or state contractor shall recommend or act to discharge, demote, suspend, reassign, transfer, discipline, threaten or otherwise discriminate against a state employee regarding the state employee's evaluation, promotion, compensation, terms, conditions, location or privileges of employment, nor may any state employee or state contractor retaliate against another state employee because the employee, or a person acting on behalf of the employee, reports or attempts to report, verbally or in writing: (A) The willful efforts of such person or agency or contractor to violate a state or federal law, rule or regulation which had or would have had a material and adverse effect upon program operations or program integrity, or the willful efforts to conceal such a violation; (B) Acts which constituted fraud against the state, the federal government, the public or any fellow employee; (C) The willful misappropriation of state or federal resources; (D) Acts which posed an unreasonable and specific danger to the health or safety of the public or employees; or (E) Acts constituting gross mismanagement of a program, gross waste of state or federal funds, or gross abuse of authority; (2) The head of the state department, agency or institution or other state employee exercising supervisory authority over the state employee may, however, take any appropriate action or appropriate disciplinary action in relation to the reporting or attempted reporting of any information which is believed in good faith by such department head or other state employee exercising supervisory authority to be fraudulent, dishonest or with willful disregard for the truth or falsity of the information. (3) No head of any state department, agency, or institution, state employee exercising supervisory authority, other state employee or state contractor shall recommend or act to discharge, demote, suspend, reassign, transfer, discipline, threaten or otherwise retaliate or discriminate against a state employee regarding the state employee's evaluation, promotion, compensation, terms, conditions, location, or privileges of employment because the employee refused to carry out a directive if the directive constitutes a violation of state or federal law, rule or regulation, written policy or procedure which materially and adversely affects the operations or integrity of a program or if the directive poses an unreasonable and specific danger to the health or safety of the employee, the employees or the public. (c) Any state employee injured by a violation of subsection (b) may maintain an action in circuit or chancery court within one (1) year after the occurrence of the alleged violation of this section for actual damages, injunctive relief, or other remedies provided in this section against the person or agency or state contractor, or any of them, who committed the violation. An act or conduct constituting part of an alleged continuing pattern of violations of this section shall only be considered in calculating any damages if an action is brought within one (1) year of the occurrence of the act. (d) (1) A court, in rendering a judgment in an action brought pursuant to this section, may order injunctive relief, actual damages, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, costs, reasonable attorney's fees or any combination thereof. (2) If an application for a permanent injunction is granted, the employee shall be awarded costs and reasonable attorney's fees. (3) If in an action for damages the court finds that the employee was injured by a willful and malicious violation of this section, by a criminal violation based upon this section or by a violation based upon an effort to obtain personal gain, the court may award as damages up to three (3) times the amount of actual damage plus costs and reasonable attorney's fees against the individual or individuals found to be in violation of this section. (e) No head of any state department, agency or institution or other state employee exercising supervisory authority nor any agency of the state of Tennessee shall be found liable pursuant to this section if the head of any state department, agency or institution or other state employee exercising supervisory authority was acting within the scope of such employee's apparent lawful orders or authority and in good faith in such person's reasonable interpretation of any rule or regulation or was acting in good faith in such person's direction to the employee to implement any law, regulation, policy or procedure related to the operation of any program of such agency which is the subject of the report or attempted report pursuant to this section. (f) Notwithstanding any law to the contrary, any head of any state department, agency or institution or other state employee exercising authority shall be subject to the protections of § 8-42-103 if it is determined such person was acting within the scope of such person's apparent lawful orders or authority and was not acting willfully, maliciously, criminally or for personal gain; and such person shall be further subject to the protection contained in the provisions for the board of claims under § 9-8-112 relative to the payment of any judgments, costs and attorney's fees where it is determined that such person was acting within the scope of such person's apparent lawful orders or authority and was not acting willfully, maliciously, criminally or for personal gain. (g) Nothing in this section shall be deemed to diminish the rights, privileges or remedies of any employee under any other federal or state law or regulation. Acts 2000, ch. 709, § 1.
(a) (1) It is the intent of the general assembly that state employees shall be encouraged to report verbally or in writing to their supervisor, department head, or other appropriate authority or entity, evidence of activity by a state agency or state employee or state contractor constituting violations of state or federal law or regulations, fraud in the operations of government programs, misappropriation of state or federal resources, acts which endanger the health or safety of the public or employees, and mismanagement of programs, funds, or abuses of authority. (2) The general assembly further finds and declares that public servants best serve the citizens when they can be candid and honest without reservation in conducting the public's business. (3) It is the further intent of the general assembly that state employees be free of intimidation or harassment when reporting to public bodies about matters of public concern, including offering testimony to, or testifying before, appropriate legislative panels.
(1) It is the intent of the general assembly that state employees shall be encouraged to report verbally or in writing to their supervisor, department head, or other appropriate authority or entity, evidence of activity by a state agency or state employee or state contractor constituting violations of state or federal law or regulations, fraud in the operations of government programs, misappropriation of state or federal resources, acts which endanger the health or safety of the public or employees, and mismanagement of programs, funds, or abuses of authority.
(2) The general assembly further finds and declares that public servants best serve the citizens when they can be candid and honest without reservation in conducting the public's business.
(3) It is the further intent of the general assembly that state employees be free of intimidation or harassment when reporting to public bodies about matters of public concern, including offering testimony to, or testifying before, appropriate legislative panels.
(b) (1) No head of any state department, agency or institution, state employee exercising supervisory authority, other state employee or state contractor shall recommend or act to discharge, demote, suspend, reassign, transfer, discipline, threaten or otherwise discriminate against a state employee regarding the state employee's evaluation, promotion, compensation, terms, conditions, location or privileges of employment, nor may any state employee or state contractor retaliate against another state employee because the employee, or a person acting on behalf of the employee, reports or attempts to report, verbally or in writing: (A) The willful efforts of such person or agency or contractor to violate a state or federal law, rule or regulation which had or would have had a material and adverse effect upon program operations or program integrity, or the willful efforts to conceal such a violation; (B) Acts which constituted fraud against the state, the federal government, the public or any fellow employee; (C) The willful misappropriation of state or federal resources; (D) Acts which posed an unreasonable and specific danger to the health or safety of the public or employees; or (E) Acts constituting gross mismanagement of a program, gross waste of state or federal funds, or gross abuse of authority; (2) The head of the state department, agency or institution or other state employee exercising supervisory authority over the state employee may, however, take any appropriate action or appropriate disciplinary action in relation to the reporting or attempted reporting of any information which is believed in good faith by such department head or other state employee exercising supervisory authority to be fraudulent, dishonest or with willful disregard for the truth or falsity of the information. (3) No head of any state department, agency, or institution, state employee exercising supervisory authority, other state employee or state contractor shall recommend or act to discharge, demote, suspend, reassign, transfer, discipline, threaten or otherwise retaliate or discriminate against a state employee regarding the state employee's evaluation, promotion, compensation, terms, conditions, location, or privileges of employment because the employee refused to carry out a directive if the directive constitutes a violation of state or federal law, rule or regulation, written policy or procedure which materially and adversely affects the operations or integrity of a program or if the directive poses an unreasonable and specific danger to the health or safety of the employee, the employees or the public.
(1) No head of any state department, agency or institution, state employee exercising supervisory authority, other state employee or state contractor shall recommend or act to discharge, demote, suspend, reassign, transfer, discipline, threaten or otherwise discriminate against a state employee regarding the state employee's evaluation, promotion, compensation, terms, conditions, location or privileges of employment, nor may any state employee or state contractor retaliate against another state employee because the employee, or a person acting on behalf of the employee, reports or attempts to report, verbally or in writing: (A) The willful efforts of such person or agency or contractor to violate a state or federal law, rule or regulation which had or would have had a material and adverse effect upon program operations or program integrity, or the willful efforts to conceal such a violation; (B) Acts which constituted fraud against the state, the federal government, the public or any fellow employee; (C) The willful misappropriation of state or federal resources; (D) Acts which posed an unreasonable and specific danger to the health or safety of the public or employees; or (E) Acts constituting gross mismanagement of a program, gross waste of state or federal funds, or gross abuse of authority;
(A) The willful efforts of such person or agency or contractor to violate a state or federal law, rule or regulation which had or would have had a material and adverse effect upon program operations or program integrity, or the willful efforts to conceal such a violation;
(B) Acts which constituted fraud against the state, the federal government, the public or any fellow employee;
(C) The willful misappropriation of state or federal resources;
(D) Acts which posed an unreasonable and specific danger to the health or safety of the public or employees; or
(E) Acts constituting gross mismanagement of a program, gross waste of state or federal funds, or gross abuse of authority;
(2) The head of the state department, agency or institution or other state employee exercising supervisory authority over the state employee may, however, take any appropriate action or appropriate disciplinary action in relation to the reporting or attempted reporting of any information which is believed in good faith by such department head or other state employee exercising supervisory authority to be fraudulent, dishonest or with willful disregard for the truth or falsity of the information.
(3) No head of any state department, agency, or institution, state employee exercising supervisory authority, other state employee or state contractor shall recommend or act to discharge, demote, suspend, reassign, transfer, discipline, threaten or otherwise retaliate or discriminate against a state employee regarding the state employee's evaluation, promotion, compensation, terms, conditions, location, or privileges of employment because the employee refused to carry out a directive if the directive constitutes a violation of state or federal law, rule or regulation, written policy or procedure which materially and adversely affects the operations or integrity of a program or if the directive poses an unreasonable and specific danger to the health or safety of the employee, the employees or the public.
(c) Any state employee injured by a violation of subsection (b) may maintain an action in circuit or chancery court within one (1) year after the occurrence of the alleged violation of this section for actual damages, injunctive relief, or other remedies provided in this section against the person or agency or state contractor, or any of them, who committed the violation. An act or conduct constituting part of an alleged continuing pattern of violations of this section shall only be considered in calculating any damages if an action is brought within one (1) year of the occurrence of the act.
(d) (1) A court, in rendering a judgment in an action brought pursuant to this section, may order injunctive relief, actual damages, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, costs, reasonable attorney's fees or any combination thereof. (2) If an application for a permanent injunction is granted, the employee shall be awarded costs and reasonable attorney's fees. (3) If in an action for damages the court finds that the employee was injured by a willful and malicious violation of this section, by a criminal violation based upon this section or by a violation based upon an effort to obtain personal gain, the court may award as damages up to three (3) times the amount of actual damage plus costs and reasonable attorney's fees against the individual or individuals found to be in violation of this section.
(1) A court, in rendering a judgment in an action brought pursuant to this section, may order injunctive relief, actual damages, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, costs, reasonable attorney's fees or any combination thereof.
(2) If an application for a permanent injunction is granted, the employee shall be awarded costs and reasonable attorney's fees.
(3) If in an action for damages the court finds that the employee was injured by a willful and malicious violation of this section, by a criminal violation based upon this section or by a violation based upon an effort to obtain personal gain, the court may award as damages up to three (3) times the amount of actual damage plus costs and reasonable attorney's fees against the individual or individuals found to be in violation of this section.
(e) No head of any state department, agency or institution or other state employee exercising supervisory authority nor any agency of the state of Tennessee shall be found liable pursuant to this section if the head of any state department, agency or institution or other state employee exercising supervisory authority was acting within the scope of such employee's apparent lawful orders or authority and in good faith in such person's reasonable interpretation of any rule or regulation or was acting in good faith in such person's direction to the employee to implement any law, regulation, policy or procedure related to the operation of any program of such agency which is the subject of the report or attempted report pursuant to this section.
(f) Notwithstanding any law to the contrary, any head of any state department, agency or institution or other state employee exercising authority shall be subject to the protections of § 8-42-103 if it is determined such person was acting within the scope of such person's apparent lawful orders or authority and was not acting willfully, maliciously, criminally or for personal gain; and such person shall be further subject to the protection contained in the provisions for the board of claims under § 9-8-112 relative to the payment of any judgments, costs and attorney's fees where it is determined that such person was acting within the scope of such person's apparent lawful orders or authority and was not acting willfully, maliciously, criminally or for personal gain.
(g) Nothing in this section shall be deemed to diminish the rights, privileges or remedies of any employee under any other federal or state law or regulation.
Acts 2000, ch. 709, § 1.
Tenn. Code Ann. § 8-44-102 — TN Code / Title 8 / Chapter 44 / Section 8-44-102
Open meetings - "Governing body" defined - "Meeting" defined
Status: in_force

(a) All meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee. (b) (1) "Governing body" means: (A) The members of a public body which consists of two (2) or more members, excluding a county mayor in accordance with § 5-6-106(b)(1)(B) , with the authority to make decisions for or recommendations to a public body on policy or administration and also means a private nonprofit community organization eligible to receive funds from the community services block grant program under 42 U.S.C. §§ 9901 - 9926 . Any governing body so defined by this section shall remain so defined, notwithstanding the fact that such governing body may have designated itself as a negotiation committee for collective bargaining purposes, and strategy sessions of a governing body under such circumstances shall be open to the public at all times; (B) The board of directors of any nonprofit corporation which contracts with a state agency to receive community grant funds in consideration for rendering specified services to the public; provided, that community grant funds comprise at least thirty percent (30%) of the total annual income of such corporation. Except such meetings of the board of directors of such nonprofit corporation that are called solely to discuss matters involving confidential doctor-patient relationships, personnel matters or matters required to be kept confidential by federal or state law or by federal or state regulation shall not be covered under this chapter, and no other matter shall be discussed at such meetings; (C) The board of directors of any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more counties, cities, towns and local governments pursuant to title 7, chapter 54 or 58. This subdivision (b)(1)(C) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census; (D) The board of directors of any nonprofit corporation which through contract or otherwise provides a metropolitan form of government having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, with heat, steam or incineration of refuse; (E) (i) The board of directors of any association or nonprofit corporation authorized by the laws of Tennessee that: (a) Was established for the benefit of local government officials or counties, cities, towns or other local governments or as a municipal bond financing pool; (b) Receives dues, service fees or any other income from local government officials or such local governments that constitute at least thirty percent (30%) of its total annual income; and (c) Was authorized as of January 1, 1998, under state law to obtain coverage for its employees in the Tennessee consolidated retirement system. (ii) This subdivision (b)(1)(E) shall not be construed to require the disclosure of a trade secret or proprietary information held or used by an association or nonprofit corporation to which this chapter applies. In the event a trade secret or proprietary information is required to be discussed in an open meeting, the association or nonprofit corporation may conduct an executive session to discuss such trade secret or proprietary information; provided, that a notice of the executive session is included in the agenda for such meeting. (iii) As used in this subdivision (b)(1)(E): (a) "Proprietary information" means rating information, plans, or proposals; actuarial information; specifications for specific services provided; and any other similar commercial or financial information used in making or deliberating toward a decision by employees, agents or the board of directors of such association or corporation; and which if known to a person or entity outside the association or corporation would give such person or entity an advantage or an opportunity to gain an advantage over the association or corporation when providing or bidding to provide the same or similar services to local governments; and (b) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. (2) "Meeting" means the convening of a governing body of a public body to make a decision or to deliberate toward a decision on any matter. "Meeting" does not include any on-site inspection of any project or program. (c) Nothing in this section shall be construed as to require a chance meeting of two (2) or more members of a public body to be considered a public meeting. No such chance meetings, informal assemblages, or electronic communication shall be used to decide or deliberate public business in circumvention of the spirit or requirements of this part. (d) Notwithstanding subsection (a), one (1) or more members of a local legislative body who meet with one (1) or more members of the state legislative delegation that represent the county or city is not a meeting under this section; provided, that the meeting is an exchange of information and not deliberative in nature or the member or members of the state legislative delegation conduct the meeting to discuss state matters. A meeting under this subsection (d) must not be used to decide or deliberate public business in circumvention of the spirit or requirements of this part. Amended by 2024 Tenn. Acts, ch. 1030,s 2, eff. 5/28/2024. Amended by 2024 Tenn. Acts, ch. 818,s 1, eff. 4/29/2024. Amended by 2024 Tenn. Acts, ch. 580,s 2, eff. 3/15/2024. Amended by 2018 Tenn. Acts, ch. 545, s 1, eff. 3/9/2018. Acts 1974, ch. 442, § 2; 1979, ch. 411, §§ 1, 2; T.C.A., § 8-4402; Acts 1985, ch. 290, § 1, 2; 1986, ch. 594, § 1; 1988, ch. 908, §§ 3, 5; 1997 , ch. 346, § 1; 1998, ch. 1102, §§ 1, 3.
(a) All meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee.
(b) (1) "Governing body" means: (A) The members of a public body which consists of two (2) or more members, excluding a county mayor in accordance with § 5-6-106(b)(1)(B) , with the authority to make decisions for or recommendations to a public body on policy or administration and also means a private nonprofit community organization eligible to receive funds from the community services block grant program under 42 U.S.C. §§ 9901 - 9926 . Any governing body so defined by this section shall remain so defined, notwithstanding the fact that such governing body may have designated itself as a negotiation committee for collective bargaining purposes, and strategy sessions of a governing body under such circumstances shall be open to the public at all times; (B) The board of directors of any nonprofit corporation which contracts with a state agency to receive community grant funds in consideration for rendering specified services to the public; provided, that community grant funds comprise at least thirty percent (30%) of the total annual income of such corporation. Except such meetings of the board of directors of such nonprofit corporation that are called solely to discuss matters involving confidential doctor-patient relationships, personnel matters or matters required to be kept confidential by federal or state law or by federal or state regulation shall not be covered under this chapter, and no other matter shall be discussed at such meetings; (C) The board of directors of any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more counties, cities, towns and local governments pursuant to title 7, chapter 54 or 58. This subdivision (b)(1)(C) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census; (D) The board of directors of any nonprofit corporation which through contract or otherwise provides a metropolitan form of government having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, with heat, steam or incineration of refuse; (E) (i) The board of directors of any association or nonprofit corporation authorized by the laws of Tennessee that: (a) Was established for the benefit of local government officials or counties, cities, towns or other local governments or as a municipal bond financing pool; (b) Receives dues, service fees or any other income from local government officials or such local governments that constitute at least thirty percent (30%) of its total annual income; and (c) Was authorized as of January 1, 1998, under state law to obtain coverage for its employees in the Tennessee consolidated retirement system. (ii) This subdivision (b)(1)(E) shall not be construed to require the disclosure of a trade secret or proprietary information held or used by an association or nonprofit corporation to which this chapter applies. In the event a trade secret or proprietary information is required to be discussed in an open meeting, the association or nonprofit corporation may conduct an executive session to discuss such trade secret or proprietary information; provided, that a notice of the executive session is included in the agenda for such meeting. (iii) As used in this subdivision (b)(1)(E): (a) "Proprietary information" means rating information, plans, or proposals; actuarial information; specifications for specific services provided; and any other similar commercial or financial information used in making or deliberating toward a decision by employees, agents or the board of directors of such association or corporation; and which if known to a person or entity outside the association or corporation would give such person or entity an advantage or an opportunity to gain an advantage over the association or corporation when providing or bidding to provide the same or similar services to local governments; and (b) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. (2) "Meeting" means the convening of a governing body of a public body to make a decision or to deliberate toward a decision on any matter. "Meeting" does not include any on-site inspection of any project or program.
(1) "Governing body" means: (A) The members of a public body which consists of two (2) or more members, excluding a county mayor in accordance with § 5-6-106(b)(1)(B) , with the authority to make decisions for or recommendations to a public body on policy or administration and also means a private nonprofit community organization eligible to receive funds from the community services block grant program under 42 U.S.C. §§ 9901 - 9926 . Any governing body so defined by this section shall remain so defined, notwithstanding the fact that such governing body may have designated itself as a negotiation committee for collective bargaining purposes, and strategy sessions of a governing body under such circumstances shall be open to the public at all times; (B) The board of directors of any nonprofit corporation which contracts with a state agency to receive community grant funds in consideration for rendering specified services to the public; provided, that community grant funds comprise at least thirty percent (30%) of the total annual income of such corporation. Except such meetings of the board of directors of such nonprofit corporation that are called solely to discuss matters involving confidential doctor-patient relationships, personnel matters or matters required to be kept confidential by federal or state law or by federal or state regulation shall not be covered under this chapter, and no other matter shall be discussed at such meetings; (C) The board of directors of any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more counties, cities, towns and local governments pursuant to title 7, chapter 54 or 58. This subdivision (b)(1)(C) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census; (D) The board of directors of any nonprofit corporation which through contract or otherwise provides a metropolitan form of government having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, with heat, steam or incineration of refuse; (E) (i) The board of directors of any association or nonprofit corporation authorized by the laws of Tennessee that: (a) Was established for the benefit of local government officials or counties, cities, towns or other local governments or as a municipal bond financing pool; (b) Receives dues, service fees or any other income from local government officials or such local governments that constitute at least thirty percent (30%) of its total annual income; and (c) Was authorized as of January 1, 1998, under state law to obtain coverage for its employees in the Tennessee consolidated retirement system. (ii) This subdivision (b)(1)(E) shall not be construed to require the disclosure of a trade secret or proprietary information held or used by an association or nonprofit corporation to which this chapter applies. In the event a trade secret or proprietary information is required to be discussed in an open meeting, the association or nonprofit corporation may conduct an executive session to discuss such trade secret or proprietary information; provided, that a notice of the executive session is included in the agenda for such meeting. (iii) As used in this subdivision (b)(1)(E): (a) "Proprietary information" means rating information, plans, or proposals; actuarial information; specifications for specific services provided; and any other similar commercial or financial information used in making or deliberating toward a decision by employees, agents or the board of directors of such association or corporation; and which if known to a person or entity outside the association or corporation would give such person or entity an advantage or an opportunity to gain an advantage over the association or corporation when providing or bidding to provide the same or similar services to local governments; and (b) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(A) The members of a public body which consists of two (2) or more members, excluding a county mayor in accordance with § 5-6-106(b)(1)(B) , with the authority to make decisions for or recommendations to a public body on policy or administration and also means a private nonprofit community organization eligible to receive funds from the community services block grant program under 42 U.S.C. §§ 9901 - 9926 . Any governing body so defined by this section shall remain so defined, notwithstanding the fact that such governing body may have designated itself as a negotiation committee for collective bargaining purposes, and strategy sessions of a governing body under such circumstances shall be open to the public at all times;
(B) The board of directors of any nonprofit corporation which contracts with a state agency to receive community grant funds in consideration for rendering specified services to the public; provided, that community grant funds comprise at least thirty percent (30%) of the total annual income of such corporation. Except such meetings of the board of directors of such nonprofit corporation that are called solely to discuss matters involving confidential doctor-patient relationships, personnel matters or matters required to be kept confidential by federal or state law or by federal or state regulation shall not be covered under this chapter, and no other matter shall be discussed at such meetings;
(C) The board of directors of any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more counties, cities, towns and local governments pursuant to title 7, chapter 54 or 58. This subdivision (b)(1)(C) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census;
(D) The board of directors of any nonprofit corporation which through contract or otherwise provides a metropolitan form of government having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, with heat, steam or incineration of refuse;
(E) (i) The board of directors of any association or nonprofit corporation authorized by the laws of Tennessee that: (a) Was established for the benefit of local government officials or counties, cities, towns or other local governments or as a municipal bond financing pool; (b) Receives dues, service fees or any other income from local government officials or such local governments that constitute at least thirty percent (30%) of its total annual income; and (c) Was authorized as of January 1, 1998, under state law to obtain coverage for its employees in the Tennessee consolidated retirement system. (ii) This subdivision (b)(1)(E) shall not be construed to require the disclosure of a trade secret or proprietary information held or used by an association or nonprofit corporation to which this chapter applies. In the event a trade secret or proprietary information is required to be discussed in an open meeting, the association or nonprofit corporation may conduct an executive session to discuss such trade secret or proprietary information; provided, that a notice of the executive session is included in the agenda for such meeting. (iii) As used in this subdivision (b)(1)(E): (a) "Proprietary information" means rating information, plans, or proposals; actuarial information; specifications for specific services provided; and any other similar commercial or financial information used in making or deliberating toward a decision by employees, agents or the board of directors of such association or corporation; and which if known to a person or entity outside the association or corporation would give such person or entity an advantage or an opportunity to gain an advantage over the association or corporation when providing or bidding to provide the same or similar services to local governments; and (b) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(i) The board of directors of any association or nonprofit corporation authorized by the laws of Tennessee that: (a) Was established for the benefit of local government officials or counties, cities, towns or other local governments or as a municipal bond financing pool; (b) Receives dues, service fees or any other income from local government officials or such local governments that constitute at least thirty percent (30%) of its total annual income; and (c) Was authorized as of January 1, 1998, under state law to obtain coverage for its employees in the Tennessee consolidated retirement system.
(a) Was established for the benefit of local government officials or counties, cities, towns or other local governments or as a municipal bond financing pool;
(b) Receives dues, service fees or any other income from local government officials or such local governments that constitute at least thirty percent (30%) of its total annual income; and
(c) Was authorized as of January 1, 1998, under state law to obtain coverage for its employees in the Tennessee consolidated retirement system.
(ii) This subdivision (b)(1)(E) shall not be construed to require the disclosure of a trade secret or proprietary information held or used by an association or nonprofit corporation to which this chapter applies. In the event a trade secret or proprietary information is required to be discussed in an open meeting, the association or nonprofit corporation may conduct an executive session to discuss such trade secret or proprietary information; provided, that a notice of the executive session is included in the agenda for such meeting.
(iii) As used in this subdivision (b)(1)(E): (a) "Proprietary information" means rating information, plans, or proposals; actuarial information; specifications for specific services provided; and any other similar commercial or financial information used in making or deliberating toward a decision by employees, agents or the board of directors of such association or corporation; and which if known to a person or entity outside the association or corporation would give such person or entity an advantage or an opportunity to gain an advantage over the association or corporation when providing or bidding to provide the same or similar services to local governments; and (b) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(a) "Proprietary information" means rating information, plans, or proposals; actuarial information; specifications for specific services provided; and any other similar commercial or financial information used in making or deliberating toward a decision by employees, agents or the board of directors of such association or corporation; and which if known to a person or entity outside the association or corporation would give such person or entity an advantage or an opportunity to gain an advantage over the association or corporation when providing or bidding to provide the same or similar services to local governments; and
(b) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(2) "Meeting" means the convening of a governing body of a public body to make a decision or to deliberate toward a decision on any matter. "Meeting" does not include any on-site inspection of any project or program.
(c) Nothing in this section shall be construed as to require a chance meeting of two (2) or more members of a public body to be considered a public meeting. No such chance meetings, informal assemblages, or electronic communication shall be used to decide or deliberate public business in circumvention of the spirit or requirements of this part.
(d) Notwithstanding subsection (a), one (1) or more members of a local legislative body who meet with one (1) or more members of the state legislative delegation that represent the county or city is not a meeting under this section; provided, that the meeting is an exchange of information and not deliberative in nature or the member or members of the state legislative delegation conduct the meeting to discuss state matters. A meeting under this subsection (d) must not be used to decide or deliberate public business in circumvention of the spirit or requirements of this part.
Amended by 2024 Tenn. Acts, ch. 1030,s 2, eff. 5/28/2024.
Amended by 2024 Tenn. Acts, ch. 818,s 1, eff. 4/29/2024.
Amended by 2024 Tenn. Acts, ch. 580,s 2, eff. 3/15/2024.
Amended by 2018 Tenn. Acts, ch. 545, s 1, eff. 3/9/2018.
Acts 1974, ch. 442, § 2; 1979, ch. 411, §§ 1, 2; T.C.A., § 8-4402; Acts 1985, ch. 290, § 1, 2; 1986, ch. 594, § 1; 1988, ch. 908, §§ 3, 5; 1997 , ch. 346, § 1; 1998, ch. 1102, §§ 1, 3.
Tenn. Code Ann. § 8-19-118 — TN Code / Title 8 / Chapter 19 / Section 8-19-118
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 207, s 21, eff. 7/1/2023. Code 1858, § 769; Shan., § 1090; Code 1932, § 1831; T.C.A. (orig. ed.), § 8-1918; Acts 1989, ch. 591, § 113.
Repealed by 2023 Tenn. Acts, ch. 207, s 21, eff. 7/1/2023.
Code 1858, § 769; Shan., § 1090; Code 1932, § 1831; T.C.A. (orig. ed.), § 8-1918; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 8-49-103 — TN Code / Title 8 / Chapter 49 / Section 8-49-103
Inquiry as to nondelivery
Status: in_force

At the time so appointed, or at any other time to which the matter may be adjourned, a copy of such order having been personally served on the person so refusing, such officer shall proceed to inquire into the circumstances. Code 1858, § 807; Shan., § 1128; Code 1932, § 1869; T.C.A. (orig. ed.), § 8-2903.
At the time so appointed, or at any other time to which the matter may be adjourned, a copy of such order having been personally served on the person so refusing, such officer shall proceed to inquire into the circumstances.
Code 1858, § 807; Shan., § 1128; Code 1932, § 1869; T.C.A. (orig. ed.), § 8-2903.
Tenn. Code Ann. § 8-37-506 — TN Code / Title 8 / Chapter 37 / Section 8-37-506
Electronic transmission of contributions and reports
Status: in_force

Effective for the payroll period ending July 1, 2011, or on such later date as the state treasurer may otherwise provide, the contributions described in this part shall be paid by the employer to the retirement division by electronic funds transfer. The payroll data associated with such electronically transferred contributions shall be filed with the division concurrent with the contributions through such electronic medium as shall be prescribed by the treasurer. The director of the retirement system may waive the requirement to submit such contributions or payroll data by electronic means for employers that are unable to comply despite good faith efforts or due to circumstances beyond the employer's reasonable control. Acts 2003, ch. 12, § 10; 2010, ch. 777, § 45.
Effective for the payroll period ending July 1, 2011, or on such later date as the state treasurer may otherwise provide, the contributions described in this part shall be paid by the employer to the retirement division by electronic funds transfer. The payroll data associated with such electronically transferred contributions shall be filed with the division concurrent with the contributions through such electronic medium as shall be prescribed by the treasurer. The director of the retirement system may waive the requirement to submit such contributions or payroll data by electronic means for employers that are unable to comply despite good faith efforts or due to circumstances beyond the employer's reasonable control.
Acts 2003, ch. 12, § 10; 2010, ch. 777, § 45.
Tenn. Code Ann. § 8-7-226 — TN Code / Title 8 / Chapter 7 / Section 8-7-226
Salaries of assistant district attorneys general
Status: in_force

All assistant district attorneys general hired after July 1, 1994, or reclassified under § 8-7-201(e)(3) , shall be compensated beginning July 1, 2023, according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act: Entry level $63,853 after one (1) year $67,868 after two (2) years $71,857 after three (3) years $75,928 after four (4) years $79,943 after five (5) years $83,918 after six (6) years $87,934 after seven (7) years $91,977 after eight (8) years $96,034 after nine (9) years $100,009 after ten (10) years $104,038 after eleven (11) years $108,054 after twelve (12) years $112,001 after thirteen (13) years $116,017 after fourteen (14) years $120,032 after fifteen (15) years $124,021 after sixteen (16) years $128,050 after seventeen (17) years $131,680 after eighteen (18) years $135,226 after nineteen (19) years $138,607 after twenty (20) years $141,823 after twenty-one (21) years $146,501 after twenty-two (22) years $151,331 after twenty-three (23) years $156,299 after twenty-four (24) years $161,833 after twenty-five (25) years $167,325 Amended by 2023 Tenn. Acts, ch. 460, s 1, eff. 6/30/2023. Amended by 2022 Tenn. Acts, ch. 1122, s 1, eff. 6/1/2022. Amended by 2019 Tenn. Acts, ch. 202, s 1, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 899, s 1, eff. 5/3/2018. Amended by 2017 Tenn. Acts, ch. 461, s 6, eff. 7/1/2017. Acts 1994, ch. 704, § 2; 2003 , ch. 355, § 4; 2004, ch. 922, § 1; 2006, ch. 987, § 1; 2009 , ch. 531, § 22.
All assistant district attorneys general hired after July 1, 1994, or reclassified under § 8-7-201(e)(3) , shall be compensated beginning July 1, 2023, according to the following pay schedule, which must be adjusted on July 1, 2023, and each succeeding July 1, to reflect the average percentage pay increase provided for state employees by the general appropriations act:
Entry level $63,853 after one (1) year $67,868 after two (2) years $71,857 after three (3) years $75,928 after four (4) years $79,943 after five (5) years $83,918 after six (6) years $87,934 after seven (7) years $91,977 after eight (8) years $96,034 after nine (9) years $100,009 after ten (10) years $104,038 after eleven (11) years $108,054 after twelve (12) years $112,001 after thirteen (13) years $116,017 after fourteen (14) years $120,032 after fifteen (15) years $124,021 after sixteen (16) years $128,050 after seventeen (17) years $131,680 after eighteen (18) years $135,226 after nineteen (19) years $138,607 after twenty (20) years $141,823 after twenty-one (21) years $146,501 after twenty-two (22) years $151,331 after twenty-three (23) years $156,299 after twenty-four (24) years $161,833 after twenty-five (25) years $167,325
Entry level
$63,853
after one (1) year
$67,868
after two (2) years
$71,857
after three (3) years
$75,928
after four (4) years
$79,943
after five (5) years
$83,918
after six (6) years
$87,934
after seven (7) years
$91,977
after eight (8) years
$96,034
after nine (9) years
$100,009
after ten (10) years
$104,038
after eleven (11) years
$108,054
after twelve (12) years
$112,001
after thirteen (13) years
$116,017
after fourteen (14) years
$120,032
after fifteen (15) years
$124,021
after sixteen (16) years
$128,050
after seventeen (17) years
$131,680
after eighteen (18) years
$135,226
after nineteen (19) years
$138,607
after twenty (20) years
$141,823
after twenty-one (21) years
$146,501
after twenty-two (22) years
$151,331
after twenty-three (23) years
$156,299
after twenty-four (24) years
$161,833
after twenty-five (25) years
$167,325
Amended by 2023 Tenn. Acts, ch. 460, s 1, eff. 6/30/2023.
Amended by 2022 Tenn. Acts, ch. 1122, s 1, eff. 6/1/2022.
Amended by 2019 Tenn. Acts, ch. 202, s 1, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 899, s 1, eff. 5/3/2018.
Amended by 2017 Tenn. Acts, ch. 461, s 6, eff. 7/1/2017.
Acts 1994, ch. 704, § 2; 2003 , ch. 355, § 4; 2004, ch. 922, § 1; 2006, ch. 987, § 1; 2009 , ch. 531, § 22.
Tenn. Code Ann. § 8-35-316 — TN Code / Title 8 / Chapter 35 / Section 8-35-316
Payment of minimum benefit supplements to certain local fund retirees
Status: in_force

Notwithstanding any other provisions to the contrary, whenever a local board of education which is a part of a consolidated county-city form of government which was established prior to February 18, 1970, administers a local teacher retirement fund, the retirement payments due on and after July 1, 1967, by the Tennessee consolidated retirement system on account of the retired members of such fund shall include the increases resulting from any minimum benefit amendments to chapter 36 of this title which have become effective on or after July 1, 1963, and such increases shall be paid directly to the retired members of such local fund. Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(12).
Notwithstanding any other provisions to the contrary, whenever a local board of education which is a part of a consolidated county-city form of government which was established prior to February 18, 1970, administers a local teacher retirement fund, the retirement payments due on and after July 1, 1967, by the Tennessee consolidated retirement system on account of the retired members of such fund shall include the increases resulting from any minimum benefit amendments to chapter 36 of this title which have become effective on or after July 1, 1963, and such increases shall be paid directly to the retired members of such local fund.
Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(12).
Tenn. Code Ann. § 8-35-211 — TN Code / Title 8 / Chapter 35 / Section 8-35-211
Withdrawal of participating employer from retirement system
Status: in_force

(a) Except for the provisions of this section and the provisions for voluntary withdrawal contained in § 8-35-218 , the agreement of any employer participating under this chapter to contribute on account of its employees shall be irrevocable, but should an employer for any reason become financially unable to make the contributions payable on account of its employees, then such employer shall be deemed to be in default and may file with the board a resolution legally adopted by its legislative body requesting withdrawal from the retirement system. Any withdrawal resolution adopted by a political subdivision hereunder shall be deemed to include all departments; employees of such employers will no longer be deemed to be members of the retirement system and their rights shall be limited as hereinafter provided. (b) Upon the adoption by any employer of a withdrawal resolution, such employer shall at once notify all employees thereof who are members and all former employees who were members, or their beneficiaries, of such adoption. (c) In the event of a withdrawal from the retirement system: (1) If the employer withdrawing from the retirement system is either the Tennessee County Services Association or a development district, such employer shall be liable for the payment of retirement benefits to all vested members and beneficiaries thereof. The counties comprising the Tennessee County Services Association and the counties, cities or towns comprising a development district shall assume a pro rata share of this liability, if the assets of the employer are insufficient to satisfy this liability. In the event any county, city or town comprising the Tennessee County Services Association or a development district which is participating in the retirement system refuses to assume a pro rata share of such liability, such amounts may be withheld from state-shared taxes otherwise accruing to such county, city or town. Any amounts satisfied out of state-shared taxes shall be satisfied last from the two-cent gasoline tax; and (2) The liability of any other employer participating under this chapter shall be limited to the present value of assets on hand at the time of withdrawal, unless such amount is insufficient to guarantee a return of contributions as hereinafter provided, for which the employer shall be fully liable. In the event any employer refuses to satisfy this liability, such amounts shall become a lien on the property of the employer and may be withheld from state-shared taxes otherwise accruing as provided in subdivision (c)(1), or otherwise collected. The Tennessee County Services Association, the Tennessee County Highway Officials Association, the Tennessee County Commissioners' Association, the Tennessee Association of County Executives and the County Officials Association of Tennessee, or any or all of them, may, by resolution of their governing boards, enter into a mutual agreement whereby such entities may share accumulated assets proportionately to fund this liability on behalf of one another should the assets of any party to the agreement be insufficient to satisfy such liability. In the event of such an agreement, any optional provisions of the retirement plan desired by the contracting entities on and after the effective date of the agreement may only be authorized by the Board of Directors of the Tennessee County Services Association. It is the legislative intent that the state shall realize no increased cost as a result of such entities' participation in the retirement system. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of such entities. (d) The actuary of the retirement system shall determine by actuarial valuation the share of the assets of the retirement system attributable to contributions of the employer and its employees which is allocable to each beneficiary and each member. (e) (1) The allocation of such assets shall be in the following order: (A) First, each member and beneficiary shall be entitled to a share equal to the excess of such member's accumulated contributions less any benefits received; and (B) Second, each beneficiary and each member who is vested shall be entitled to a share equal to the reserve computed to be required for such person's benefit credits accrued to the date of adoption of the withdrawal resolution, reduced by such person's share under subdivision (e)(1)(A). (2) If the assets of any employer under subdivision (c)(2) are insufficient to provide in full for the shares under subdivision (e)(1)(B) after provision for all shares under subdivision (e)(1)(A), each share under subdivision (e)(1)(B) shall be reduced pro rata. (3) The amount of assets so allocated to each such member may be used to provide for the member a paid up annuity beginning at the member's service retirement date, or beginning immediately in the case of a member who has attained such service retirement date, and the amount of assets so allocated to each beneficiary shall be used in providing such part of the member's existing retirement allowance as the amount so allocated will provide. When the payments under this subsection (e) have equaled the amount so established as a paid up annuity, such payments shall cease. (4) The rights and privileges of both members, former members, and beneficiaries of such employers shall thereupon terminate, except as to the payment of the annuities so provided and the retirement allowances, or parts thereof, provided for the beneficiaries. Any contributions returned or service credit lost due to withdrawal by an employer may not be reestablished with the Tennessee consolidated retirement system pursuant to § 8-37-214 upon subsequent employment. (5) If any assets remain after providing in full for the shares under subdivision (e)(1), the excess assets shall be returned to the employer. (6) It is further provided that the retirement system shall not be liable for the payment of any retirement allowances or other benefits, accruing under chapters 34-37, on account of employees or beneficiaries of the employers covered hereunder for which reserves have not been previously created from funds contributed by the employer or its employees for such benefits. (f) Should any employer participating under this chapter cease to exist as a separate legal entity, the benefits payable on account of service rendered as an employee of the entity shall be determined in accordance with this section. Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(6); Acts 1981, ch. 383, § 1; 1982, ch. 771, § 5; 1983, ch. 175, § 1; 1999, ch. 22, § 1; 2010 , ch. 777, §§ 5, 6.
(a) Except for the provisions of this section and the provisions for voluntary withdrawal contained in § 8-35-218 , the agreement of any employer participating under this chapter to contribute on account of its employees shall be irrevocable, but should an employer for any reason become financially unable to make the contributions payable on account of its employees, then such employer shall be deemed to be in default and may file with the board a resolution legally adopted by its legislative body requesting withdrawal from the retirement system. Any withdrawal resolution adopted by a political subdivision hereunder shall be deemed to include all departments; employees of such employers will no longer be deemed to be members of the retirement system and their rights shall be limited as hereinafter provided.
(b) Upon the adoption by any employer of a withdrawal resolution, such employer shall at once notify all employees thereof who are members and all former employees who were members, or their beneficiaries, of such adoption.
(c) In the event of a withdrawal from the retirement system: (1) If the employer withdrawing from the retirement system is either the Tennessee County Services Association or a development district, such employer shall be liable for the payment of retirement benefits to all vested members and beneficiaries thereof. The counties comprising the Tennessee County Services Association and the counties, cities or towns comprising a development district shall assume a pro rata share of this liability, if the assets of the employer are insufficient to satisfy this liability. In the event any county, city or town comprising the Tennessee County Services Association or a development district which is participating in the retirement system refuses to assume a pro rata share of such liability, such amounts may be withheld from state-shared taxes otherwise accruing to such county, city or town. Any amounts satisfied out of state-shared taxes shall be satisfied last from the two-cent gasoline tax; and (2) The liability of any other employer participating under this chapter shall be limited to the present value of assets on hand at the time of withdrawal, unless such amount is insufficient to guarantee a return of contributions as hereinafter provided, for which the employer shall be fully liable. In the event any employer refuses to satisfy this liability, such amounts shall become a lien on the property of the employer and may be withheld from state-shared taxes otherwise accruing as provided in subdivision (c)(1), or otherwise collected. The Tennessee County Services Association, the Tennessee County Highway Officials Association, the Tennessee County Commissioners' Association, the Tennessee Association of County Executives and the County Officials Association of Tennessee, or any or all of them, may, by resolution of their governing boards, enter into a mutual agreement whereby such entities may share accumulated assets proportionately to fund this liability on behalf of one another should the assets of any party to the agreement be insufficient to satisfy such liability. In the event of such an agreement, any optional provisions of the retirement plan desired by the contracting entities on and after the effective date of the agreement may only be authorized by the Board of Directors of the Tennessee County Services Association. It is the legislative intent that the state shall realize no increased cost as a result of such entities' participation in the retirement system. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of such entities.
(1) If the employer withdrawing from the retirement system is either the Tennessee County Services Association or a development district, such employer shall be liable for the payment of retirement benefits to all vested members and beneficiaries thereof. The counties comprising the Tennessee County Services Association and the counties, cities or towns comprising a development district shall assume a pro rata share of this liability, if the assets of the employer are insufficient to satisfy this liability. In the event any county, city or town comprising the Tennessee County Services Association or a development district which is participating in the retirement system refuses to assume a pro rata share of such liability, such amounts may be withheld from state-shared taxes otherwise accruing to such county, city or town. Any amounts satisfied out of state-shared taxes shall be satisfied last from the two-cent gasoline tax; and
(2) The liability of any other employer participating under this chapter shall be limited to the present value of assets on hand at the time of withdrawal, unless such amount is insufficient to guarantee a return of contributions as hereinafter provided, for which the employer shall be fully liable. In the event any employer refuses to satisfy this liability, such amounts shall become a lien on the property of the employer and may be withheld from state-shared taxes otherwise accruing as provided in subdivision (c)(1), or otherwise collected. The Tennessee County Services Association, the Tennessee County Highway Officials Association, the Tennessee County Commissioners' Association, the Tennessee Association of County Executives and the County Officials Association of Tennessee, or any or all of them, may, by resolution of their governing boards, enter into a mutual agreement whereby such entities may share accumulated assets proportionately to fund this liability on behalf of one another should the assets of any party to the agreement be insufficient to satisfy such liability. In the event of such an agreement, any optional provisions of the retirement plan desired by the contracting entities on and after the effective date of the agreement may only be authorized by the Board of Directors of the Tennessee County Services Association. It is the legislative intent that the state shall realize no increased cost as a result of such entities' participation in the retirement system. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of such entities.
(d) The actuary of the retirement system shall determine by actuarial valuation the share of the assets of the retirement system attributable to contributions of the employer and its employees which is allocable to each beneficiary and each member.
(e) (1) The allocation of such assets shall be in the following order: (A) First, each member and beneficiary shall be entitled to a share equal to the excess of such member's accumulated contributions less any benefits received; and (B) Second, each beneficiary and each member who is vested shall be entitled to a share equal to the reserve computed to be required for such person's benefit credits accrued to the date of adoption of the withdrawal resolution, reduced by such person's share under subdivision (e)(1)(A). (2) If the assets of any employer under subdivision (c)(2) are insufficient to provide in full for the shares under subdivision (e)(1)(B) after provision for all shares under subdivision (e)(1)(A), each share under subdivision (e)(1)(B) shall be reduced pro rata. (3) The amount of assets so allocated to each such member may be used to provide for the member a paid up annuity beginning at the member's service retirement date, or beginning immediately in the case of a member who has attained such service retirement date, and the amount of assets so allocated to each beneficiary shall be used in providing such part of the member's existing retirement allowance as the amount so allocated will provide. When the payments under this subsection (e) have equaled the amount so established as a paid up annuity, such payments shall cease. (4) The rights and privileges of both members, former members, and beneficiaries of such employers shall thereupon terminate, except as to the payment of the annuities so provided and the retirement allowances, or parts thereof, provided for the beneficiaries. Any contributions returned or service credit lost due to withdrawal by an employer may not be reestablished with the Tennessee consolidated retirement system pursuant to § 8-37-214 upon subsequent employment. (5) If any assets remain after providing in full for the shares under subdivision (e)(1), the excess assets shall be returned to the employer. (6) It is further provided that the retirement system shall not be liable for the payment of any retirement allowances or other benefits, accruing under chapters 34-37, on account of employees or beneficiaries of the employers covered hereunder for which reserves have not been previously created from funds contributed by the employer or its employees for such benefits.
(1) The allocation of such assets shall be in the following order: (A) First, each member and beneficiary shall be entitled to a share equal to the excess of such member's accumulated contributions less any benefits received; and (B) Second, each beneficiary and each member who is vested shall be entitled to a share equal to the reserve computed to be required for such person's benefit credits accrued to the date of adoption of the withdrawal resolution, reduced by such person's share under subdivision (e)(1)(A).
(A) First, each member and beneficiary shall be entitled to a share equal to the excess of such member's accumulated contributions less any benefits received; and
(B) Second, each beneficiary and each member who is vested shall be entitled to a share equal to the reserve computed to be required for such person's benefit credits accrued to the date of adoption of the withdrawal resolution, reduced by such person's share under subdivision (e)(1)(A).
(2) If the assets of any employer under subdivision (c)(2) are insufficient to provide in full for the shares under subdivision (e)(1)(B) after provision for all shares under subdivision (e)(1)(A), each share under subdivision (e)(1)(B) shall be reduced pro rata.
(3) The amount of assets so allocated to each such member may be used to provide for the member a paid up annuity beginning at the member's service retirement date, or beginning immediately in the case of a member who has attained such service retirement date, and the amount of assets so allocated to each beneficiary shall be used in providing such part of the member's existing retirement allowance as the amount so allocated will provide. When the payments under this subsection (e) have equaled the amount so established as a paid up annuity, such payments shall cease.
(4) The rights and privileges of both members, former members, and beneficiaries of such employers shall thereupon terminate, except as to the payment of the annuities so provided and the retirement allowances, or parts thereof, provided for the beneficiaries. Any contributions returned or service credit lost due to withdrawal by an employer may not be reestablished with the Tennessee consolidated retirement system pursuant to § 8-37-214 upon subsequent employment.
(5) If any assets remain after providing in full for the shares under subdivision (e)(1), the excess assets shall be returned to the employer.
(6) It is further provided that the retirement system shall not be liable for the payment of any retirement allowances or other benefits, accruing under chapters 34-37, on account of employees or beneficiaries of the employers covered hereunder for which reserves have not been previously created from funds contributed by the employer or its employees for such benefits.
(f) Should any employer participating under this chapter cease to exist as a separate legal entity, the benefits payable on account of service rendered as an employee of the entity shall be determined in accordance with this section.
Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(6); Acts 1981, ch. 383, § 1; 1982, ch. 771, § 5; 1983, ch. 175, § 1; 1999, ch. 22, § 1; 2010 , ch. 777, §§ 5, 6.
Tenn. Code Ann. § 8-6-204 — TN Code / Title 8 / Chapter 6 / Section 8-6-204
Printing of reports - Copyright
Status: in_force

The attorney general and reporter has the right to select a printer, and has the exclusive control of the publication and binding of all reports. After five (5) years from the publication of each report, the copyright of the same shall revert to the state of Tennessee. Acts 1881, ch. 4, § 2; Shan., § 5763; Code 1932, § 9961; T.C.A. (orig. ed.), § 8-614.
The attorney general and reporter has the right to select a printer, and has the exclusive control of the publication and binding of all reports. After five (5) years from the publication of each report, the copyright of the same shall revert to the state of Tennessee.
Acts 1881, ch. 4, § 2; Shan., § 5763; Code 1932, § 9961; T.C.A. (orig. ed.), § 8-614.
Tenn. Code Ann. § 8-27-210 — TN Code / Title 8 / Chapter 27 / Section 8-27-210
First responders killed in line of duty - Coverage of surviving spouse and dependents
Status: in_force

(a) As used in this section, "first responder" means paid, full-time law enforcement officers and firefighters who are employed by the state or a local government in this state. "First responder" also includes capitol police officers, employees of the Tennessee highway patrol, Tennessee bureau of investigation, and Tennessee wildlife resources agency, and park rangers employed by the division of parks and recreation in the department of environment and conservation. (b) The state insurance committee may, in approving a health insurance plan that covers first responders, offer or continue to provide health insurance benefits to the surviving spouse and children, including any unborn child, of a first responder killed in the line of duty for a period not to exceed two (2) years after the death of the first responder. Amended by 2019 Tenn. Acts, ch. 189,s 1, eff. 1/1/2020. Added by 2017 Tenn. Acts, ch. 476,s 1, eff. 7/1/2017.
(a) As used in this section, "first responder" means paid, full-time law enforcement officers and firefighters who are employed by the state or a local government in this state. "First responder" also includes capitol police officers, employees of the Tennessee highway patrol, Tennessee bureau of investigation, and Tennessee wildlife resources agency, and park rangers employed by the division of parks and recreation in the department of environment and conservation.
(b) The state insurance committee may, in approving a health insurance plan that covers first responders, offer or continue to provide health insurance benefits to the surviving spouse and children, including any unborn child, of a first responder killed in the line of duty for a period not to exceed two (2) years after the death of the first responder.
Amended by 2019 Tenn. Acts, ch. 189,s 1, eff. 1/1/2020.
Added by 2017 Tenn. Acts, ch. 476,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 8-34-607 — TN Code / Title 8 / Chapter 34 / Section 8-34-607
Creditable service for prior service while participating member of city, metropolitan government, county, utility district, or other political subdivision retirement system
Status: in_force

(a) (1) A member of the Tennessee consolidated retirement system may purchase retirement credit for all of the member's previous service rendered while a full-time employee and participating member of a political subdivision's defined benefit retirement plan. (2) A member may purchase service under this section using funds from any source including, but not limited to, cash; a member's deferred compensation account or defined contribution employee account; or employee contributions to a defined benefit plan; provided, however, that the member is otherwise eligible to access the funds through withdrawal, transfer, or rollover. (3) This section does not require a retirement plan to disburse plan assets that are not otherwise eligible for disbursement in accordance with the terms of the plan; provided, however, that in accordance with federal law, employee contributions to a defined benefit plan are refundable upon termination of employment. (4) Upon the purchase of this retirement credit, the member forfeits all of the member's service in the political subdivision's plan, and must not receive a benefit from the political subdivision's retirement plan. (b) To purchase service under this section, a member shall make a lump sum payment equal to the actuarial cost as determined by the retirement system without creating unfunded accrued liability at the date the service is established. Service established under this section must be under the terms of the retirement system plan as they exist at the time the service is established. Upon the member making the required payment and providing any forms or other documentation required by the retirement system, the member must be credited with the years of service from the other plan. (c) This section does not permit the establishment of service that would have been considered prior service pursuant to § 8-35-203 or service rendered to a withdrawn employer pursuant to § 8-35-218 . (d) Salaries earned for service established pursuant to this section must not be used in determining a member's average final compensation. (e) This section applies on such date as the retirement system's operating systems are able to accommodate the payment for service as provided in this section. The state treasurer shall make such determination. (f) For purposes of this section, the term "political subdivision" includes, but is not limited to, a city, metropolitan government, county, utility district or agency or instrumentality of the political subdivision, in this state. Amended by 2022 Tenn. Acts, ch. 797, s 1, eff. 4/8/2022. Added by 2021 Tenn. Acts, ch. 382, s 1, eff. 7/1/2021.
(a) (1) A member of the Tennessee consolidated retirement system may purchase retirement credit for all of the member's previous service rendered while a full-time employee and participating member of a political subdivision's defined benefit retirement plan. (2) A member may purchase service under this section using funds from any source including, but not limited to, cash; a member's deferred compensation account or defined contribution employee account; or employee contributions to a defined benefit plan; provided, however, that the member is otherwise eligible to access the funds through withdrawal, transfer, or rollover. (3) This section does not require a retirement plan to disburse plan assets that are not otherwise eligible for disbursement in accordance with the terms of the plan; provided, however, that in accordance with federal law, employee contributions to a defined benefit plan are refundable upon termination of employment. (4) Upon the purchase of this retirement credit, the member forfeits all of the member's service in the political subdivision's plan, and must not receive a benefit from the political subdivision's retirement plan.
(1) A member of the Tennessee consolidated retirement system may purchase retirement credit for all of the member's previous service rendered while a full-time employee and participating member of a political subdivision's defined benefit retirement plan.
(2) A member may purchase service under this section using funds from any source including, but not limited to, cash; a member's deferred compensation account or defined contribution employee account; or employee contributions to a defined benefit plan; provided, however, that the member is otherwise eligible to access the funds through withdrawal, transfer, or rollover.
(3) This section does not require a retirement plan to disburse plan assets that are not otherwise eligible for disbursement in accordance with the terms of the plan; provided, however, that in accordance with federal law, employee contributions to a defined benefit plan are refundable upon termination of employment.
(4) Upon the purchase of this retirement credit, the member forfeits all of the member's service in the political subdivision's plan, and must not receive a benefit from the political subdivision's retirement plan.
(b) To purchase service under this section, a member shall make a lump sum payment equal to the actuarial cost as determined by the retirement system without creating unfunded accrued liability at the date the service is established. Service established under this section must be under the terms of the retirement system plan as they exist at the time the service is established. Upon the member making the required payment and providing any forms or other documentation required by the retirement system, the member must be credited with the years of service from the other plan.
(c) This section does not permit the establishment of service that would have been considered prior service pursuant to § 8-35-203 or service rendered to a withdrawn employer pursuant to § 8-35-218 .
(d) Salaries earned for service established pursuant to this section must not be used in determining a member's average final compensation.
(e) This section applies on such date as the retirement system's operating systems are able to accommodate the payment for service as provided in this section. The state treasurer shall make such determination.
(f) For purposes of this section, the term "political subdivision" includes, but is not limited to, a city, metropolitan government, county, utility district or agency or instrumentality of the political subdivision, in this state.
Amended by 2022 Tenn. Acts, ch. 797, s 1, eff. 4/8/2022.
Added by 2021 Tenn. Acts, ch. 382, s 1, eff. 7/1/2021.