Tenn. Code Ann. § 8-35-105 — TN Code / Title 8 / Chapter 35 / Section 8-35-105
Classification of employees
Status: in_force

(a) The board of trustees shall require from any employer of members of the retirement system such information as the board may deem necessary including, but not limited to, name, address, title, social security number, compensation, duties, date of birth and length of service of each member in its employ. On the basis of such information, the board shall classify each person who becomes a member in accordance with § 8-35-101 or this section in one (1) of the following groups: (1) Group 1. Teachers and general employees; (2) Group 2. State police officers, wildlife officers, game and fish officers so classified prior to April 1, 1974, firefighters and police officers; (3) Group 3. State judges, county judges, county officials, attorneys general, and commissioners; or (4) Group 4. State judges entering service on or after September 1, 1990, state judges transferring membership under chapter 34, part 7, any attorney general and reporter who meets the requirements of § 8-34-623(b) and enters service on or after July 1, 2005, and any attorney general and reporter who meets the requirements of § 8-34-623(b) and transfers membership under chapter 34, part 7. (b) The board shall certify to each member the group in which the member is placed and the date of the member's admission to membership therein. When the duties of a member so require, the board may classify the member in another group and shall certify to the member the group to which the member has been reclassified. (c) Notwithstanding any law to the contrary, any person becoming a member of the retirement system after June 30, 1976, shall be classified as a Group 1 member, except a state judge, and an attorney general and reporter who meets the requirements of § 8-34-623(b) . A state judge becoming a member of the retirement system on or after September 1, 1990, shall be classified as a Group 4 member. An attorney general and reporter who meets the requirements of § 8-34-623(b) and becomes a member of the retirement system on or after July 1, 2005, shall also be classified as a Group 4 member. (d) The classification and membership rights of any county judge or county official who is currently a member or a prior class member of the retirement system shall continue in force without interruption and remain applicable when such member remains in the county office for which such classification eligibility originated, notwithstanding any change in the title of such office as a result of any act to implement the amendments of the Constitution of Tennessee, Article VII, § 1, ratified on March 7, 1978. (e) In all cases of doubt, the board of trustees shall determine whether a person is in a specific employment category. (f) The board of trustees is authorized to promulgate substantive and procedural rules and regulations requiring that the information described in subsection (a) be transmitted by the employer through an electronic medium. Acts 1972, ch. 814, § 3; 1974, ch. 630, § 2; 1975, ch. 315, § 9; 1976, ch. 787, § 1; 1976, ch. 814, § 1; 1978, ch. 934, § 32; T.C.A., §§ 8-3901(49), 8-3903(4); Acts 1986, ch. 554, §§ 8, 9; 2003 , ch. 12, §§ 3, 4; 2005, ch. 498, §§ 6, 7.
(a) The board of trustees shall require from any employer of members of the retirement system such information as the board may deem necessary including, but not limited to, name, address, title, social security number, compensation, duties, date of birth and length of service of each member in its employ. On the basis of such information, the board shall classify each person who becomes a member in accordance with § 8-35-101 or this section in one (1) of the following groups: (1) Group 1. Teachers and general employees; (2) Group 2. State police officers, wildlife officers, game and fish officers so classified prior to April 1, 1974, firefighters and police officers; (3) Group 3. State judges, county judges, county officials, attorneys general, and commissioners; or (4) Group 4. State judges entering service on or after September 1, 1990, state judges transferring membership under chapter 34, part 7, any attorney general and reporter who meets the requirements of § 8-34-623(b) and enters service on or after July 1, 2005, and any attorney general and reporter who meets the requirements of § 8-34-623(b) and transfers membership under chapter 34, part 7.
(1) Group 1. Teachers and general employees;
(2) Group 2. State police officers, wildlife officers, game and fish officers so classified prior to April 1, 1974, firefighters and police officers;
(3) Group 3. State judges, county judges, county officials, attorneys general, and commissioners; or
(4) Group 4. State judges entering service on or after September 1, 1990, state judges transferring membership under chapter 34, part 7, any attorney general and reporter who meets the requirements of § 8-34-623(b) and enters service on or after July 1, 2005, and any attorney general and reporter who meets the requirements of § 8-34-623(b) and transfers membership under chapter 34, part 7.
(b) The board shall certify to each member the group in which the member is placed and the date of the member's admission to membership therein. When the duties of a member so require, the board may classify the member in another group and shall certify to the member the group to which the member has been reclassified.
(c) Notwithstanding any law to the contrary, any person becoming a member of the retirement system after June 30, 1976, shall be classified as a Group 1 member, except a state judge, and an attorney general and reporter who meets the requirements of § 8-34-623(b) . A state judge becoming a member of the retirement system on or after September 1, 1990, shall be classified as a Group 4 member. An attorney general and reporter who meets the requirements of § 8-34-623(b) and becomes a member of the retirement system on or after July 1, 2005, shall also be classified as a Group 4 member.
(d) The classification and membership rights of any county judge or county official who is currently a member or a prior class member of the retirement system shall continue in force without interruption and remain applicable when such member remains in the county office for which such classification eligibility originated, notwithstanding any change in the title of such office as a result of any act to implement the amendments of the Constitution of Tennessee, Article VII, § 1, ratified on March 7, 1978.
(e) In all cases of doubt, the board of trustees shall determine whether a person is in a specific employment category.
(f) The board of trustees is authorized to promulgate substantive and procedural rules and regulations requiring that the information described in subsection (a) be transmitted by the employer through an electronic medium.
Acts 1972, ch. 814, § 3; 1974, ch. 630, § 2; 1975, ch. 315, § 9; 1976, ch. 787, § 1; 1976, ch. 814, § 1; 1978, ch. 934, § 32; T.C.A., §§ 8-3901(49), 8-3903(4); Acts 1986, ch. 554, §§ 8, 9; 2003 , ch. 12, §§ 3, 4; 2005, ch. 498, §§ 6, 7.
Tenn. Code Ann. § 8-47-121 — TN Code / Title 8 / Chapter 47 / Section 8-47-121
Restoration to office - Salary during suspension - Attorney fees
Status: in_force

If, on the final hearing of the complaint or petition herein provided, the officer is not removed from office, the officer shall, if the officer has been suspended, be immediately restored to office, and be allowed the officer's full costs and the salary and fees of the officer's office during the time of the officer's suspension, as the case may be, against the state, county, or municipality, to be taxed and paid as in other cases. Such officer so temporarily filling the office shall receive the same salary and fees as is provided by law to be paid to the officer so suspended. After final hearing on the complaint or petition, any public officer not removed from office, or if the officer has been suspended, any officer immediately restored to office, may be reimbursed reasonable attorney fees by the appropriate state, county, municipality, or other political subdivision. If either party appeals pursuant to § 8-47-123 , no such reimbursement shall be made until a final judgment is rendered. Acts 1915, ch. 11, § 10; Shan., § 1135a18; Code 1932, § 1894; T.C.A. (orig. ed.), §8-2721; Acts 1997 , ch. 262, § 1.
If, on the final hearing of the complaint or petition herein provided, the officer is not removed from office, the officer shall, if the officer has been suspended, be immediately restored to office, and be allowed the officer's full costs and the salary and fees of the officer's office during the time of the officer's suspension, as the case may be, against the state, county, or municipality, to be taxed and paid as in other cases. Such officer so temporarily filling the office shall receive the same salary and fees as is provided by law to be paid to the officer so suspended. After final hearing on the complaint or petition, any public officer not removed from office, or if the officer has been suspended, any officer immediately restored to office, may be reimbursed reasonable attorney fees by the appropriate state, county, municipality, or other political subdivision. If either party appeals pursuant to § 8-47-123 , no such reimbursement shall be made until a final judgment is rendered.
Acts 1915, ch. 11, § 10; Shan., § 1135a18; Code 1932, § 1894; T.C.A. (orig. ed.), §8-2721; Acts 1997 , ch. 262, § 1.
Tenn. Code Ann. § 8-35-116 — TN Code / Title 8 / Chapter 35 / Section 8-35-116
County judges and county officials
Status: in_force

(a) (1) Notwithstanding any other law to the contrary, and except as provided in subdivision (a)(2), all county officials or county judges taking office after July 1, 1977, may become members of the Tennessee consolidated retirement system only in accordance with part 2 of this chapter, and shall be allowed to participate in the Tennessee consolidated retirement system if the county in which they are employed is participating in accordance with part 2 of this chapter. (2) Any such county official or county judge who takes office on or after July 1, 2018, shall become a member of the Tennessee consolidated retirement system as a condition of taking office if the county official or county judge is a current or former member of the retirement system. This subdivision (a)(2) shall not apply if the county official or county judge was in office as a county official or county judge with the county on the date the county elected to participate in the retirement system, unless the county official or county judge was a member or former member of a closed preexisting defined benefit plan maintained by that county. (3) The county shall be responsible for all employer costs on behalf of its county officials and county judges as provided in part 2 of this chapter. (b) (1) Notwithstanding subsection (a) or any other law to the contrary, full-time employees in the positions of county judges and county officials, as these terms are defined in chapter 34 of this title, in office or taking office after June 30, 1981, may participate in the retirement system as Group 1 members in accordance with chapters 34-37 of this title and this subsection (b) under the following terms and conditions: (A) Except as provided in subdivision (b)(1)(C), any such county official or county judge taking office on or after July 1, 2018, shall participate in the Tennessee consolidated retirement system as a condition of taking office if the county official or county judge is a current or former member of the retirement system; (B) The employer cost of such participation shall be paid from funds appropriated by the county legislative body for the office of the participating judge or official or from the excess fees of the participating official's office, where such excess fees are available; (C) Participation in the Tennessee consolidated retirement system shall not be available to county judges or county officials in counties that provide a county retirement system in which such judges or officials may participate unless: (i) The county legislative body passes a resolution allowing such election; provided, that the passage of the resolution shall not be required for any person who has obtained vesting in the Tennessee consolidated retirement system and who is elected or appointed as a county judge or county official; (ii) The participation is approved by the state retirement division; and (iii) The county official or county judge is not a current or former member of the county retirement system; (D) The state's share of any additional costs of this section shall be funded from the increase in state-imposed taxes that are earmarked to counties and that are not designated to be used by such counties for a particular purpose; (E) All employer and employee contributions, together with investment earnings made on behalf of persons covered under this subsection (b), must be equal to or exceed benefits that will be paid out. Employees participating pursuant to this subsection (b) shall contribute to the retirement system at a rate of five percent (5%) of earnable compensation or, in lieu of employee contributions, the employer may pay or cause to be paid all or part of such contributions on behalf of the employees. Employer contributions shall be determined by the state retirement division based on an actuarial valuation for each county with county officials electing to participate under this subsection (b); (F) Any liabilities resulting from the participation of a county under this subsection (b) shall be a liability of the county and not the state. If any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold such amount or part of such amount from any state-shared taxes that are otherwise apportioned to the county; and (G) In the event of withdrawal of a county participating under this subsection (b), the assets of the county shall be distributed in accordance with § 8-35-211 . (2) The governing body of a county may pass a resolution to permit its county judges and county officials who participate in the retirement system pursuant to this subsection (b) to claim prior service credit for service rendered as full-time county general employees, county judges, or county officials, if the county authorizes the credit and assumes the liability for such prior service. Upon the authorization and assumption of the liability for prior service credit by the county, the county official or county judge shall be entitled to receive credit for such prior service only by the making of a lump sum payment of the contributions the official or judge would have made had the official or judge been a member, plus interest at the rate provided for in § 8-37-214 . Except as otherwise provided in chapter 36, part 8 of this title, no person who has service credit in the retirement system under this subsection (b) shall be permitted to draw a retirement allowance from the system if the person continues or returns to service with the county in an employment classification for which the person received service credit under this subsection (b). For purposes of this subdivision (b)(2), "employment classification" means county general employee, county judge, or county official as those terms are defined in § 8-34-101 . Notwithstanding any other law to the contrary, on or after January 1, 2009, county officials and county judges may claim prior service credit in the retirement system for service rendered as county general employees only if the county for which they are employed is participating in accordance with part 2 of this chapter, and only for periods of previous service that are authorized for other employees of the county. (3) Any person entitled to participate in the retirement system under this subsection (b) shall be entitled to all rights, benefits, and privileges accruing under chapters 34-37 of this title, except as otherwise provided in this subsection (b), and such person shall be prohibited from participating in any other retirement system while at the same time participating in the Tennessee consolidated retirement system. (4) A county judge or county official must choose to participate in either the consolidated retirement system in accordance with this subsection (b) or a county retirement system. A county judge or county official who is covered by a county system shall not be eligible to participate in the consolidated system. Amended by 2018 Tenn. Acts, ch. 736, s 10, eff. 4/18/2018. Acts 1977, ch. 400, §§ 8, 9; T.C.A., § 8-3903(14); Acts 1981, ch. 139, § 1; 1982, ch. 927, §§ 1-4; 1983, ch. 207, § 4; 1987, ch. 54, § 6; 1987, ch. 179, § 1; 1988, ch. 973, § 3; 2003 , ch. 90, § 2; 2008 , ch. 674, § 9.
(a) (1) Notwithstanding any other law to the contrary, and except as provided in subdivision (a)(2), all county officials or county judges taking office after July 1, 1977, may become members of the Tennessee consolidated retirement system only in accordance with part 2 of this chapter, and shall be allowed to participate in the Tennessee consolidated retirement system if the county in which they are employed is participating in accordance with part 2 of this chapter. (2) Any such county official or county judge who takes office on or after July 1, 2018, shall become a member of the Tennessee consolidated retirement system as a condition of taking office if the county official or county judge is a current or former member of the retirement system. This subdivision (a)(2) shall not apply if the county official or county judge was in office as a county official or county judge with the county on the date the county elected to participate in the retirement system, unless the county official or county judge was a member or former member of a closed preexisting defined benefit plan maintained by that county. (3) The county shall be responsible for all employer costs on behalf of its county officials and county judges as provided in part 2 of this chapter.
(1) Notwithstanding any other law to the contrary, and except as provided in subdivision (a)(2), all county officials or county judges taking office after July 1, 1977, may become members of the Tennessee consolidated retirement system only in accordance with part 2 of this chapter, and shall be allowed to participate in the Tennessee consolidated retirement system if the county in which they are employed is participating in accordance with part 2 of this chapter.
(2) Any such county official or county judge who takes office on or after July 1, 2018, shall become a member of the Tennessee consolidated retirement system as a condition of taking office if the county official or county judge is a current or former member of the retirement system. This subdivision (a)(2) shall not apply if the county official or county judge was in office as a county official or county judge with the county on the date the county elected to participate in the retirement system, unless the county official or county judge was a member or former member of a closed preexisting defined benefit plan maintained by that county.
(3) The county shall be responsible for all employer costs on behalf of its county officials and county judges as provided in part 2 of this chapter.
(b) (1) Notwithstanding subsection (a) or any other law to the contrary, full-time employees in the positions of county judges and county officials, as these terms are defined in chapter 34 of this title, in office or taking office after June 30, 1981, may participate in the retirement system as Group 1 members in accordance with chapters 34-37 of this title and this subsection (b) under the following terms and conditions: (A) Except as provided in subdivision (b)(1)(C), any such county official or county judge taking office on or after July 1, 2018, shall participate in the Tennessee consolidated retirement system as a condition of taking office if the county official or county judge is a current or former member of the retirement system; (B) The employer cost of such participation shall be paid from funds appropriated by the county legislative body for the office of the participating judge or official or from the excess fees of the participating official's office, where such excess fees are available; (C) Participation in the Tennessee consolidated retirement system shall not be available to county judges or county officials in counties that provide a county retirement system in which such judges or officials may participate unless: (i) The county legislative body passes a resolution allowing such election; provided, that the passage of the resolution shall not be required for any person who has obtained vesting in the Tennessee consolidated retirement system and who is elected or appointed as a county judge or county official; (ii) The participation is approved by the state retirement division; and (iii) The county official or county judge is not a current or former member of the county retirement system; (D) The state's share of any additional costs of this section shall be funded from the increase in state-imposed taxes that are earmarked to counties and that are not designated to be used by such counties for a particular purpose; (E) All employer and employee contributions, together with investment earnings made on behalf of persons covered under this subsection (b), must be equal to or exceed benefits that will be paid out. Employees participating pursuant to this subsection (b) shall contribute to the retirement system at a rate of five percent (5%) of earnable compensation or, in lieu of employee contributions, the employer may pay or cause to be paid all or part of such contributions on behalf of the employees. Employer contributions shall be determined by the state retirement division based on an actuarial valuation for each county with county officials electing to participate under this subsection (b); (F) Any liabilities resulting from the participation of a county under this subsection (b) shall be a liability of the county and not the state. If any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold such amount or part of such amount from any state-shared taxes that are otherwise apportioned to the county; and (G) In the event of withdrawal of a county participating under this subsection (b), the assets of the county shall be distributed in accordance with § 8-35-211 . (2) The governing body of a county may pass a resolution to permit its county judges and county officials who participate in the retirement system pursuant to this subsection (b) to claim prior service credit for service rendered as full-time county general employees, county judges, or county officials, if the county authorizes the credit and assumes the liability for such prior service. Upon the authorization and assumption of the liability for prior service credit by the county, the county official or county judge shall be entitled to receive credit for such prior service only by the making of a lump sum payment of the contributions the official or judge would have made had the official or judge been a member, plus interest at the rate provided for in § 8-37-214 . Except as otherwise provided in chapter 36, part 8 of this title, no person who has service credit in the retirement system under this subsection (b) shall be permitted to draw a retirement allowance from the system if the person continues or returns to service with the county in an employment classification for which the person received service credit under this subsection (b). For purposes of this subdivision (b)(2), "employment classification" means county general employee, county judge, or county official as those terms are defined in § 8-34-101 . Notwithstanding any other law to the contrary, on or after January 1, 2009, county officials and county judges may claim prior service credit in the retirement system for service rendered as county general employees only if the county for which they are employed is participating in accordance with part 2 of this chapter, and only for periods of previous service that are authorized for other employees of the county. (3) Any person entitled to participate in the retirement system under this subsection (b) shall be entitled to all rights, benefits, and privileges accruing under chapters 34-37 of this title, except as otherwise provided in this subsection (b), and such person shall be prohibited from participating in any other retirement system while at the same time participating in the Tennessee consolidated retirement system. (4) A county judge or county official must choose to participate in either the consolidated retirement system in accordance with this subsection (b) or a county retirement system. A county judge or county official who is covered by a county system shall not be eligible to participate in the consolidated system.
(1) Notwithstanding subsection (a) or any other law to the contrary, full-time employees in the positions of county judges and county officials, as these terms are defined in chapter 34 of this title, in office or taking office after June 30, 1981, may participate in the retirement system as Group 1 members in accordance with chapters 34-37 of this title and this subsection (b) under the following terms and conditions: (A) Except as provided in subdivision (b)(1)(C), any such county official or county judge taking office on or after July 1, 2018, shall participate in the Tennessee consolidated retirement system as a condition of taking office if the county official or county judge is a current or former member of the retirement system; (B) The employer cost of such participation shall be paid from funds appropriated by the county legislative body for the office of the participating judge or official or from the excess fees of the participating official's office, where such excess fees are available; (C) Participation in the Tennessee consolidated retirement system shall not be available to county judges or county officials in counties that provide a county retirement system in which such judges or officials may participate unless: (i) The county legislative body passes a resolution allowing such election; provided, that the passage of the resolution shall not be required for any person who has obtained vesting in the Tennessee consolidated retirement system and who is elected or appointed as a county judge or county official; (ii) The participation is approved by the state retirement division; and (iii) The county official or county judge is not a current or former member of the county retirement system; (D) The state's share of any additional costs of this section shall be funded from the increase in state-imposed taxes that are earmarked to counties and that are not designated to be used by such counties for a particular purpose; (E) All employer and employee contributions, together with investment earnings made on behalf of persons covered under this subsection (b), must be equal to or exceed benefits that will be paid out. Employees participating pursuant to this subsection (b) shall contribute to the retirement system at a rate of five percent (5%) of earnable compensation or, in lieu of employee contributions, the employer may pay or cause to be paid all or part of such contributions on behalf of the employees. Employer contributions shall be determined by the state retirement division based on an actuarial valuation for each county with county officials electing to participate under this subsection (b); (F) Any liabilities resulting from the participation of a county under this subsection (b) shall be a liability of the county and not the state. If any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold such amount or part of such amount from any state-shared taxes that are otherwise apportioned to the county; and (G) In the event of withdrawal of a county participating under this subsection (b), the assets of the county shall be distributed in accordance with § 8-35-211 .
(A) Except as provided in subdivision (b)(1)(C), any such county official or county judge taking office on or after July 1, 2018, shall participate in the Tennessee consolidated retirement system as a condition of taking office if the county official or county judge is a current or former member of the retirement system;
(B) The employer cost of such participation shall be paid from funds appropriated by the county legislative body for the office of the participating judge or official or from the excess fees of the participating official's office, where such excess fees are available;
(C) Participation in the Tennessee consolidated retirement system shall not be available to county judges or county officials in counties that provide a county retirement system in which such judges or officials may participate unless: (i) The county legislative body passes a resolution allowing such election; provided, that the passage of the resolution shall not be required for any person who has obtained vesting in the Tennessee consolidated retirement system and who is elected or appointed as a county judge or county official; (ii) The participation is approved by the state retirement division; and (iii) The county official or county judge is not a current or former member of the county retirement system;
(i) The county legislative body passes a resolution allowing such election; provided, that the passage of the resolution shall not be required for any person who has obtained vesting in the Tennessee consolidated retirement system and who is elected or appointed as a county judge or county official;
(ii) The participation is approved by the state retirement division; and
(iii) The county official or county judge is not a current or former member of the county retirement system;
(D) The state's share of any additional costs of this section shall be funded from the increase in state-imposed taxes that are earmarked to counties and that are not designated to be used by such counties for a particular purpose;
(E) All employer and employee contributions, together with investment earnings made on behalf of persons covered under this subsection (b), must be equal to or exceed benefits that will be paid out. Employees participating pursuant to this subsection (b) shall contribute to the retirement system at a rate of five percent (5%) of earnable compensation or, in lieu of employee contributions, the employer may pay or cause to be paid all or part of such contributions on behalf of the employees. Employer contributions shall be determined by the state retirement division based on an actuarial valuation for each county with county officials electing to participate under this subsection (b);
(F) Any liabilities resulting from the participation of a county under this subsection (b) shall be a liability of the county and not the state. If any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold such amount or part of such amount from any state-shared taxes that are otherwise apportioned to the county; and
(G) In the event of withdrawal of a county participating under this subsection (b), the assets of the county shall be distributed in accordance with § 8-35-211 .
(2) The governing body of a county may pass a resolution to permit its county judges and county officials who participate in the retirement system pursuant to this subsection (b) to claim prior service credit for service rendered as full-time county general employees, county judges, or county officials, if the county authorizes the credit and assumes the liability for such prior service. Upon the authorization and assumption of the liability for prior service credit by the county, the county official or county judge shall be entitled to receive credit for such prior service only by the making of a lump sum payment of the contributions the official or judge would have made had the official or judge been a member, plus interest at the rate provided for in § 8-37-214 . Except as otherwise provided in chapter 36, part 8 of this title, no person who has service credit in the retirement system under this subsection (b) shall be permitted to draw a retirement allowance from the system if the person continues or returns to service with the county in an employment classification for which the person received service credit under this subsection (b). For purposes of this subdivision (b)(2), "employment classification" means county general employee, county judge, or county official as those terms are defined in § 8-34-101 . Notwithstanding any other law to the contrary, on or after January 1, 2009, county officials and county judges may claim prior service credit in the retirement system for service rendered as county general employees only if the county for which they are employed is participating in accordance with part 2 of this chapter, and only for periods of previous service that are authorized for other employees of the county.
(3) Any person entitled to participate in the retirement system under this subsection (b) shall be entitled to all rights, benefits, and privileges accruing under chapters 34-37 of this title, except as otherwise provided in this subsection (b), and such person shall be prohibited from participating in any other retirement system while at the same time participating in the Tennessee consolidated retirement system.
(4) A county judge or county official must choose to participate in either the consolidated retirement system in accordance with this subsection (b) or a county retirement system. A county judge or county official who is covered by a county system shall not be eligible to participate in the consolidated system.
Amended by 2018 Tenn. Acts, ch. 736, s 10, eff. 4/18/2018.
Acts 1977, ch. 400, §§ 8, 9; T.C.A., § 8-3903(14); Acts 1981, ch. 139, § 1; 1982, ch. 927, §§ 1-4; 1983, ch. 207, § 4; 1987, ch. 54, § 6; 1987, ch. 179, § 1; 1988, ch. 973, § 3; 2003 , ch. 90, § 2; 2008 , ch. 674, § 9.
Tenn. Code Ann. § 8-21-409 — TN Code / Title 8 / Chapter 21 / Section 8-21-409
Fees for clerks of courts administering estates, guardianships, conservatorships and other probate matters - Indigent parties - Additional fee for data entry - Continuance fees - Investments - Fees in delinquent property tax cases - Fees for electronic filing and retrieval
Status: in_force

(a) The clerks of the various courts of the state administering estates, guardianships, conservatorships and other probate matters are entitled to demand and shall receive for their services the following fees: (1) For filing petition, entering order, recording bond and issuing original letters of administration in intestacy cases, sixty dollars ($60.00); (2) For filing petition to probate will and entering order, without issuing letters testamentary, forty-eight dollars ($48.00); (3) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00); (4) (A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00); (B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00); (5) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00); (6) (A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00); (B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00); (7) For forwarding by mail the notice to the commissioner required by § 67-8-406(a) , six dollars ($6.00); (8) For giving notice to creditors of the qualification of a personal representative, as required by § 30-2-306(a) , four dollars ($4.00); (9) For each notice of claim against estate given as required by § 30-2-314 , four dollars ($4.00); (10) For filing petition for letters of guardianship, issuing process and cost bond, entering order, and issuing original certificate of guardianship, not including fee of the sheriff, sixty dollars ($60.00); (11) For filing petition for removal of disabilities of minority, and entering order, thirty dollars ($30.00); (12) For filing petition for removal of disabilities of insanity, filing affidavits and entering order, thirty dollars ($30.00); (13) For filing petition for allowing year's support to spouses and entering all orders and reports, thirty dollars ($30.00); (14) For filing petition to legitimate person, entering order, issuing certificates to be forwarded to the Tennessee office of vital records, maximum, sixty dollars ($60.00); (15) For filing petition for change of name, and entering order, maximum, sixty dollars ($60.00); (16) For filing inventory and recording same in inventory record book, ten dollars ($10.00); (17) For entering each order not otherwise provided for, twelve dollars, ($12.00); (18) For filing petition for habeas corpus, filing cost bond, issuing process, and entering order, not including fee of the sheriff, sixty dollars ($60.00); (19) (A) For filing and recording annual settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty dollars ($30.00); (B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00); (20) (A) For filing and recording final settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty-six dollars ($36.00); (B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00); (21) For filing petition under the mental health law, compiled in title 33, issuing notices of hearing, entering returns, and entering judgments after hearing, not including fees of sheriff, fifty dollars ($50.00); (22) For entering order increasing bonds of guardians, conservators, executors and administrators and recording bond, twenty-two dollars, ($22.00); (23) For issuing each additional copy of letters of administration, testamentary, guardianships and conservatorships, six dollars ($6.00); (24) For each certificate issued, except under acts of congress, four dollars ($4.00); (25) For each certificate issued under acts of congress, six dollars ($6.00); (26) For issuing supplemental certificate showing letters to be in force, six dollars ($6.00); (27) For making certified copies of documents, per page, two dollars ($2.00), plus for certificate, two dollars ($2.00); (28) For making photocopies of documents, per page, one dollar ($1.00); (29) For filing exceptions to claims against estates, mailing notices and entering orders, forty-two dollars ($42.00); (30) For filing petition for delayed or corrected birth certificate, and entering order, thirty-six dollars ($36.00); (31) (A) For filing and docketing claims against decedent's estate, each claim, five dollars ($5.00); (B) For filing release of each claim, two dollars ($2.00); (32) For filing and docketing petition and order not otherwise provided for, thirty dollars ($30.00); (33) For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, eleven dollars ($11.00); (34) (A) For filing small estate affidavits, including certifying to one (1) copy, thirty dollars ($30.00); (B) Each additional copy, two dollars ($2.00); (35) For filing petition and cost bond in causes involving sale of real estate, eighteen dollars ($18.00); (36) For filing each answer in causes described in this subsection (a), seven dollars ($7.00); (37) For filing each report in causes described in this subsection (a), seven dollars ($7.00); (38) For issuing summons and return in causes described in this subsection (a), including copy of process, eleven dollars ($11.00); (39) For entering orders pro confesso in causes described in this subsection (a), seven dollars ($7.00); (40) For issuing and entering order of publication in causes described in this subsection (a), seven dollars ($7.00); (41) For filing each amended petition in causes described in this subsection (a), ten dollars ($10.00); (42) For entering order appointing guardian ad litem in causes described in this subsection (a), twelve dollars ($12.00); (43) For entering final order in each of the causes described in this subsection (a), twelve dollars ($12.00); (44) Commissions on funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and receiving, collecting and paying out the proceeds, a maximum commission of two percent (2%); and (45) For selling property under decree of court and receiving, collecting, and paying out the proceeds, a commission not to exceed five percent (5%) on the amount of sales up to six thousand dollars ($6,000), and an additional amount to be fixed within such limits, in the discretion of the court. (b) Indigent Parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means of a pauper's oath in accordance with Rule 29 of the Rules of the Tennessee Supreme Court. (c) In each new case filed, the clerk may, at the clerk's option, charge an additional fee for data entry in the amount of four dollars ($4.00). Notwithstanding any provision of this subsection (c) to the contrary, any fees increased by this subsection (c) that are assessed against the state or that otherwise represent a cost to the state in criminal cases, child support actions, mental health proceedings, actions under the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, actions with regard to child care licensing, and collection efforts brought by the department of human services, shall be limited to the amounts chargeable prior to July 1, 2012. (d) Fee for entering each continuance, five dollars ($5.00). (e) Investments. (1) The clerks of the various courts have the authority to invest idle funds held under their control, not otherwise invested. Such investments shall be in banks or savings and loan associations operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The interest on such investments shall become part of the fees of the court clerk, and the clerk shall be required to account for interest received, the same as with other fees received. Any funds authorized to be invested may be invested by the clerk in the local government investment pool administered by the state treasurer. (2) Nothing in this section shall be construed to relieve the clerks of courts from the responsibility of investing funds held under their control pursuant to court order or under the rules of court. The interest on those investments shall accrue to the benefit of those directed by the court or by agreement of the parties to the litigation. (3) For investing funds, the clerk shall receive a fee of five percent (5%) of the earnings of such investment. (f) (1) In delinquent property tax cases, the clerks of the courts shall receive a fee for basic services, to be specified by order of the courts, against each delinquent upon the filing of the complaint. Additionally, the clerk shall receive for other services the statutory fees allowed the clerks under existing laws. (2) For annually providing to the county trustee the list of delinquent taxpayers mandated by § 67-5-2403 , the clerk shall receive a fee of five dollars ($5.00) for each property listed for each year, which shall be added to all the fees and costs in such suits. (g) Fees for Electronic Filing and Retrieval of Court Documents. (1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the case. The transaction fee is limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per case. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee must permit the registered user unlimited electronic filing for a one-year period. The one-year period must be defined by the clerk and consistently maintained for all registered users of the electronic filing system. The annual subscription fee cannot exceed three hundred dollars ($300) for each annual period. Each of these fees must be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and must be included in the local court rule authorizing the electronic filing and document retrieval system. Pursuant to subsection (d), these fees are not assessed against the state. (2) Pursuant to subsection (b), neither the transaction fee nor the subscription fee shall be assessed to a party declared indigent or to that indigent party's legal representative. (3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state are not required to file documents electronically, notwithstanding any local court rule. (4) Neither the electronic filing transaction fee nor the subscription fee shall limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system. Amended by 2021 Tenn. Acts, ch. 475, s 2, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 647, s 2, eff. 4/1/2020. Acts 2005, ch. 429, § 18; 2012, ch. 1039, § 2.
(a) The clerks of the various courts of the state administering estates, guardianships, conservatorships and other probate matters are entitled to demand and shall receive for their services the following fees: (1) For filing petition, entering order, recording bond and issuing original letters of administration in intestacy cases, sixty dollars ($60.00); (2) For filing petition to probate will and entering order, without issuing letters testamentary, forty-eight dollars ($48.00); (3) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00); (4) (A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00); (B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00); (5) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00); (6) (A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00); (B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00); (7) For forwarding by mail the notice to the commissioner required by § 67-8-406(a) , six dollars ($6.00); (8) For giving notice to creditors of the qualification of a personal representative, as required by § 30-2-306(a) , four dollars ($4.00); (9) For each notice of claim against estate given as required by § 30-2-314 , four dollars ($4.00); (10) For filing petition for letters of guardianship, issuing process and cost bond, entering order, and issuing original certificate of guardianship, not including fee of the sheriff, sixty dollars ($60.00); (11) For filing petition for removal of disabilities of minority, and entering order, thirty dollars ($30.00); (12) For filing petition for removal of disabilities of insanity, filing affidavits and entering order, thirty dollars ($30.00); (13) For filing petition for allowing year's support to spouses and entering all orders and reports, thirty dollars ($30.00); (14) For filing petition to legitimate person, entering order, issuing certificates to be forwarded to the Tennessee office of vital records, maximum, sixty dollars ($60.00); (15) For filing petition for change of name, and entering order, maximum, sixty dollars ($60.00); (16) For filing inventory and recording same in inventory record book, ten dollars ($10.00); (17) For entering each order not otherwise provided for, twelve dollars, ($12.00); (18) For filing petition for habeas corpus, filing cost bond, issuing process, and entering order, not including fee of the sheriff, sixty dollars ($60.00); (19) (A) For filing and recording annual settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty dollars ($30.00); (B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00); (20) (A) For filing and recording final settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty-six dollars ($36.00); (B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00); (21) For filing petition under the mental health law, compiled in title 33, issuing notices of hearing, entering returns, and entering judgments after hearing, not including fees of sheriff, fifty dollars ($50.00); (22) For entering order increasing bonds of guardians, conservators, executors and administrators and recording bond, twenty-two dollars, ($22.00); (23) For issuing each additional copy of letters of administration, testamentary, guardianships and conservatorships, six dollars ($6.00); (24) For each certificate issued, except under acts of congress, four dollars ($4.00); (25) For each certificate issued under acts of congress, six dollars ($6.00); (26) For issuing supplemental certificate showing letters to be in force, six dollars ($6.00); (27) For making certified copies of documents, per page, two dollars ($2.00), plus for certificate, two dollars ($2.00); (28) For making photocopies of documents, per page, one dollar ($1.00); (29) For filing exceptions to claims against estates, mailing notices and entering orders, forty-two dollars ($42.00); (30) For filing petition for delayed or corrected birth certificate, and entering order, thirty-six dollars ($36.00); (31) (A) For filing and docketing claims against decedent's estate, each claim, five dollars ($5.00); (B) For filing release of each claim, two dollars ($2.00); (32) For filing and docketing petition and order not otherwise provided for, thirty dollars ($30.00); (33) For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, eleven dollars ($11.00); (34) (A) For filing small estate affidavits, including certifying to one (1) copy, thirty dollars ($30.00); (B) Each additional copy, two dollars ($2.00); (35) For filing petition and cost bond in causes involving sale of real estate, eighteen dollars ($18.00); (36) For filing each answer in causes described in this subsection (a), seven dollars ($7.00); (37) For filing each report in causes described in this subsection (a), seven dollars ($7.00); (38) For issuing summons and return in causes described in this subsection (a), including copy of process, eleven dollars ($11.00); (39) For entering orders pro confesso in causes described in this subsection (a), seven dollars ($7.00); (40) For issuing and entering order of publication in causes described in this subsection (a), seven dollars ($7.00); (41) For filing each amended petition in causes described in this subsection (a), ten dollars ($10.00); (42) For entering order appointing guardian ad litem in causes described in this subsection (a), twelve dollars ($12.00); (43) For entering final order in each of the causes described in this subsection (a), twelve dollars ($12.00); (44) Commissions on funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and receiving, collecting and paying out the proceeds, a maximum commission of two percent (2%); and (45) For selling property under decree of court and receiving, collecting, and paying out the proceeds, a commission not to exceed five percent (5%) on the amount of sales up to six thousand dollars ($6,000), and an additional amount to be fixed within such limits, in the discretion of the court.
(1) For filing petition, entering order, recording bond and issuing original letters of administration in intestacy cases, sixty dollars ($60.00);
(2) For filing petition to probate will and entering order, without issuing letters testamentary, forty-eight dollars ($48.00);
(3) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00);
(4) (A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00); (B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00);
(A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00);
(B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00);
(5) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00);
(6) (A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00); (B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00);
(A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00);
(B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00);
(7) For forwarding by mail the notice to the commissioner required by § 67-8-406(a) , six dollars ($6.00);
(8) For giving notice to creditors of the qualification of a personal representative, as required by § 30-2-306(a) , four dollars ($4.00);
(9) For each notice of claim against estate given as required by § 30-2-314 , four dollars ($4.00);
(10) For filing petition for letters of guardianship, issuing process and cost bond, entering order, and issuing original certificate of guardianship, not including fee of the sheriff, sixty dollars ($60.00);
(11) For filing petition for removal of disabilities of minority, and entering order, thirty dollars ($30.00);
(12) For filing petition for removal of disabilities of insanity, filing affidavits and entering order, thirty dollars ($30.00);
(13) For filing petition for allowing year's support to spouses and entering all orders and reports, thirty dollars ($30.00);
(14) For filing petition to legitimate person, entering order, issuing certificates to be forwarded to the Tennessee office of vital records, maximum, sixty dollars ($60.00);
(15) For filing petition for change of name, and entering order, maximum, sixty dollars ($60.00);
(16) For filing inventory and recording same in inventory record book, ten dollars ($10.00);
(17) For entering each order not otherwise provided for, twelve dollars, ($12.00);
(18) For filing petition for habeas corpus, filing cost bond, issuing process, and entering order, not including fee of the sheriff, sixty dollars ($60.00);
(19) (A) For filing and recording annual settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty dollars ($30.00); (B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00);
(A) For filing and recording annual settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty dollars ($30.00);
(B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00);
(20) (A) For filing and recording final settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty-six dollars ($36.00); (B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00);
(A) For filing and recording final settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty-six dollars ($36.00);
(B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00);
(21) For filing petition under the mental health law, compiled in title 33, issuing notices of hearing, entering returns, and entering judgments after hearing, not including fees of sheriff, fifty dollars ($50.00);
(22) For entering order increasing bonds of guardians, conservators, executors and administrators and recording bond, twenty-two dollars, ($22.00);
(23) For issuing each additional copy of letters of administration, testamentary, guardianships and conservatorships, six dollars ($6.00);
(24) For each certificate issued, except under acts of congress, four dollars ($4.00);
(25) For each certificate issued under acts of congress, six dollars ($6.00);
(26) For issuing supplemental certificate showing letters to be in force, six dollars ($6.00);
(27) For making certified copies of documents, per page, two dollars ($2.00), plus for certificate, two dollars ($2.00);
(28) For making photocopies of documents, per page, one dollar ($1.00);
(29) For filing exceptions to claims against estates, mailing notices and entering orders, forty-two dollars ($42.00);
(30) For filing petition for delayed or corrected birth certificate, and entering order, thirty-six dollars ($36.00);
(31) (A) For filing and docketing claims against decedent's estate, each claim, five dollars ($5.00); (B) For filing release of each claim, two dollars ($2.00);
(A) For filing and docketing claims against decedent's estate, each claim, five dollars ($5.00);
(B) For filing release of each claim, two dollars ($2.00);
(32) For filing and docketing petition and order not otherwise provided for, thirty dollars ($30.00);
(33) For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, eleven dollars ($11.00);
(34) (A) For filing small estate affidavits, including certifying to one (1) copy, thirty dollars ($30.00); (B) Each additional copy, two dollars ($2.00);
(A) For filing small estate affidavits, including certifying to one (1) copy, thirty dollars ($30.00);
(B) Each additional copy, two dollars ($2.00);
(35) For filing petition and cost bond in causes involving sale of real estate, eighteen dollars ($18.00);
(36) For filing each answer in causes described in this subsection (a), seven dollars ($7.00);
(37) For filing each report in causes described in this subsection (a), seven dollars ($7.00);
(38) For issuing summons and return in causes described in this subsection (a), including copy of process, eleven dollars ($11.00);
(39) For entering orders pro confesso in causes described in this subsection (a), seven dollars ($7.00);
(40) For issuing and entering order of publication in causes described in this subsection (a), seven dollars ($7.00);
(41) For filing each amended petition in causes described in this subsection (a), ten dollars ($10.00);
(42) For entering order appointing guardian ad litem in causes described in this subsection (a), twelve dollars ($12.00);
(43) For entering final order in each of the causes described in this subsection (a), twelve dollars ($12.00);
(44) Commissions on funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and receiving, collecting and paying out the proceeds, a maximum commission of two percent (2%); and
(45) For selling property under decree of court and receiving, collecting, and paying out the proceeds, a commission not to exceed five percent (5%) on the amount of sales up to six thousand dollars ($6,000), and an additional amount to be fixed within such limits, in the discretion of the court.
(b) Indigent Parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means of a pauper's oath in accordance with Rule 29 of the Rules of the Tennessee Supreme Court.
(c) In each new case filed, the clerk may, at the clerk's option, charge an additional fee for data entry in the amount of four dollars ($4.00). Notwithstanding any provision of this subsection (c) to the contrary, any fees increased by this subsection (c) that are assessed against the state or that otherwise represent a cost to the state in criminal cases, child support actions, mental health proceedings, actions under the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, actions with regard to child care licensing, and collection efforts brought by the department of human services, shall be limited to the amounts chargeable prior to July 1, 2012.
(d) Fee for entering each continuance, five dollars ($5.00).
(e) Investments. (1) The clerks of the various courts have the authority to invest idle funds held under their control, not otherwise invested. Such investments shall be in banks or savings and loan associations operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The interest on such investments shall become part of the fees of the court clerk, and the clerk shall be required to account for interest received, the same as with other fees received. Any funds authorized to be invested may be invested by the clerk in the local government investment pool administered by the state treasurer. (2) Nothing in this section shall be construed to relieve the clerks of courts from the responsibility of investing funds held under their control pursuant to court order or under the rules of court. The interest on those investments shall accrue to the benefit of those directed by the court or by agreement of the parties to the litigation. (3) For investing funds, the clerk shall receive a fee of five percent (5%) of the earnings of such investment.
(1) The clerks of the various courts have the authority to invest idle funds held under their control, not otherwise invested. Such investments shall be in banks or savings and loan associations operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The interest on such investments shall become part of the fees of the court clerk, and the clerk shall be required to account for interest received, the same as with other fees received. Any funds authorized to be invested may be invested by the clerk in the local government investment pool administered by the state treasurer.
(2) Nothing in this section shall be construed to relieve the clerks of courts from the responsibility of investing funds held under their control pursuant to court order or under the rules of court. The interest on those investments shall accrue to the benefit of those directed by the court or by agreement of the parties to the litigation.
(3) For investing funds, the clerk shall receive a fee of five percent (5%) of the earnings of such investment.
(f) (1) In delinquent property tax cases, the clerks of the courts shall receive a fee for basic services, to be specified by order of the courts, against each delinquent upon the filing of the complaint. Additionally, the clerk shall receive for other services the statutory fees allowed the clerks under existing laws. (2) For annually providing to the county trustee the list of delinquent taxpayers mandated by § 67-5-2403 , the clerk shall receive a fee of five dollars ($5.00) for each property listed for each year, which shall be added to all the fees and costs in such suits.
(1) In delinquent property tax cases, the clerks of the courts shall receive a fee for basic services, to be specified by order of the courts, against each delinquent upon the filing of the complaint. Additionally, the clerk shall receive for other services the statutory fees allowed the clerks under existing laws.
(2) For annually providing to the county trustee the list of delinquent taxpayers mandated by § 67-5-2403 , the clerk shall receive a fee of five dollars ($5.00) for each property listed for each year, which shall be added to all the fees and costs in such suits.
(g) Fees for Electronic Filing and Retrieval of Court Documents. (1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the case. The transaction fee is limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per case. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee must permit the registered user unlimited electronic filing for a one-year period. The one-year period must be defined by the clerk and consistently maintained for all registered users of the electronic filing system. The annual subscription fee cannot exceed three hundred dollars ($300) for each annual period. Each of these fees must be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and must be included in the local court rule authorizing the electronic filing and document retrieval system. Pursuant to subsection (d), these fees are not assessed against the state. (2) Pursuant to subsection (b), neither the transaction fee nor the subscription fee shall be assessed to a party declared indigent or to that indigent party's legal representative. (3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state are not required to file documents electronically, notwithstanding any local court rule. (4) Neither the electronic filing transaction fee nor the subscription fee shall limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system.
(1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the case. The transaction fee is limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per case. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee must permit the registered user unlimited electronic filing for a one-year period. The one-year period must be defined by the clerk and consistently maintained for all registered users of the electronic filing system. The annual subscription fee cannot exceed three hundred dollars ($300) for each annual period. Each of these fees must be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and must be included in the local court rule authorizing the electronic filing and document retrieval system. Pursuant to subsection (d), these fees are not assessed against the state.
(2) Pursuant to subsection (b), neither the transaction fee nor the subscription fee shall be assessed to a party declared indigent or to that indigent party's legal representative.
(3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state are not required to file documents electronically, notwithstanding any local court rule.
(4) Neither the electronic filing transaction fee nor the subscription fee shall limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system.
Amended by 2021 Tenn. Acts, ch. 475, s 2, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 647, s 2, eff. 4/1/2020.
Acts 2005, ch. 429, § 18; 2012, ch. 1039, § 2.
Tenn. Code Ann. § 8-47-120 — TN Code / Title 8 / Chapter 47 / Section 8-47-120
Judgment of ouster
Status: in_force

If the defendant is found guilty, judgment of ouster shall be rendered against the defendant, and the defendant shall be ousted from office. Acts 1915, ch. 11, § 8; Shan., § 1135a14; Code 1932, § 1890; T.C.A. (orig. ed.), § 8-2720.
If the defendant is found guilty, judgment of ouster shall be rendered against the defendant, and the defendant shall be ousted from office.
Acts 1915, ch. 11, § 8; Shan., § 1135a14; Code 1932, § 1890; T.C.A. (orig. ed.), § 8-2720.
Tenn. Code Ann. § 8-21-701 — TN Code / Title 8 / Chapter 21 / Section 8-21-701
County clerks - Specific fees authorized
Status: in_force

In addition to any other fees for services established by law, county clerks are entitled to demand and receive for the following services the fees attached: (1) For issuance of marriage license ....................$10.00 (2) For transfer of business license from one location to another ....................$5.00 (3) For certifying a notary public's election to the secretary of state pursuant to § 8-16-106 ....................$7.00 (4) For receiving and forwarding notice of notary public name change or change of address pursuant to § 8-16-109 . ...................$5.00 (5) For taking and recording official bonds and revenue bonds ....................$2.00 (6) For receiving and paying over state and county revenue, on the amount collected and paid over ....................5% (7) For ex officio services, the legislative body may make an allowance not exceeding ....................$50.00 (8) For attending to prosecution for penalties under the inspection laws, on sums collected and paid into the state treasury ....................10% (9) For services in the recovery of penalties prescribed against breach of revenue laws in relation to licenses ....................double fees (10) For certifying a copy of a document or taking an acknowledgment or affixing seal ....................$5.00 (11) For making copies, per page ....................$0.50 (12) (A) For handling refunds of amounts overpaid ....................up to $2.00 (B) A county clerk shall adopt a policy establishing a procedure to be followed if the county clerk receives payments of taxes or fees in excess of the required amount, and that policy shall include one or more of the following: (i) Contacting the person or entity tendering the payment for specific instructions regarding the excess amount; (ii) Allowing the county clerk's office to retain reasonable overage amounts as fees of the office; or (iii) Providing a refund of the excess moneys, less a reasonable amount of the excess payment retained as fees of the office; (13) For issuance of permits and licenses for which fees are not otherwise provided ....................$5.00 (14) For filing documents for which fee is not otherwise provided ....................$5.00 (15) For county clerks performing services as clerk of a court, the fees prescribed in part 4 of this chapter. Amended by 2016 Tenn. Acts, ch. 850, s 1, eff. 4/19/2016. Code 1858, §§ 683, 685, 4562 (deriv. Acts 1847-1848, ch. 161, § 13); Acts 1859-1860, ch. 77, § 1; 1870-1871, ch. 65, § 24; 1875, ch. 92, § 5; 1883, ch. 152, § 2; 1891, ch. 1, § 39; 1891, ch. 148, § 1; 1899, ch. 371, § 7; 1901, ch. 64, § 11; 1901, ch. 78, §§ 12, 13; 1903, ch. 163, § 1; 1905, ch. 6, § 4; 1905, ch. 76, §§ 11, 12; 1905, ch. 255, § 5; 1907, ch. 602, §§ 28, 62; 1909, ch. 185, § 16; 1915, ch. 38, § 4; 1915, ch. 85, § 11; 1915, ch. 101, § 8; 1915, ch. 152, § 13; 1917, ch. 62, § 12; 1917, ch. 73, §§ 2, 3, 57; Shan., § 6400; mod. Code 1932, § 10704; Acts 1951, ch. 166, § 1; 1953, ch. 20, § 1; modified; impl. am. Acts 1957, ch. 59, § 1; Acts 1963, ch. 145, § 2; 1971, ch. 387, § 24; 1972, ch. 850, § 19; impl. am. Acts 1976, ch. 593, § 23; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 8-2126; Acts 1982, ch. 728, § 1; 1986, ch. 614, § 3; 1989, ch. 16, § 2; 2008 , ch. 924, § 1.
In addition to any other fees for services established by law, county clerks are entitled to demand and receive for the following services the fees attached:
(1) For issuance of marriage license ....................$10.00
(2) For transfer of business license from one location to another ....................$5.00
(3) For certifying a notary public's election to the secretary of state pursuant to § 8-16-106 ....................$7.00
(4) For receiving and forwarding notice of notary public name change or change of address pursuant to § 8-16-109 . ...................$5.00
(5) For taking and recording official bonds and revenue bonds ....................$2.00
(6) For receiving and paying over state and county revenue, on the amount collected and paid over ....................5%
(7) For ex officio services, the legislative body may make an allowance not exceeding ....................$50.00
(8) For attending to prosecution for penalties under the inspection laws, on sums collected and paid into the state treasury ....................10%
(9) For services in the recovery of penalties prescribed against breach of revenue laws in relation to licenses ....................double fees
(10) For certifying a copy of a document or taking an acknowledgment or affixing seal ....................$5.00
(11) For making copies, per page ....................$0.50
(12) (A) For handling refunds of amounts overpaid ....................up to $2.00 (B) A county clerk shall adopt a policy establishing a procedure to be followed if the county clerk receives payments of taxes or fees in excess of the required amount, and that policy shall include one or more of the following: (i) Contacting the person or entity tendering the payment for specific instructions regarding the excess amount; (ii) Allowing the county clerk's office to retain reasonable overage amounts as fees of the office; or (iii) Providing a refund of the excess moneys, less a reasonable amount of the excess payment retained as fees of the office;
(A) For handling refunds of amounts overpaid ....................up to $2.00
(B) A county clerk shall adopt a policy establishing a procedure to be followed if the county clerk receives payments of taxes or fees in excess of the required amount, and that policy shall include one or more of the following: (i) Contacting the person or entity tendering the payment for specific instructions regarding the excess amount; (ii) Allowing the county clerk's office to retain reasonable overage amounts as fees of the office; or (iii) Providing a refund of the excess moneys, less a reasonable amount of the excess payment retained as fees of the office;
(i) Contacting the person or entity tendering the payment for specific instructions regarding the excess amount;
(ii) Allowing the county clerk's office to retain reasonable overage amounts as fees of the office; or
(iii) Providing a refund of the excess moneys, less a reasonable amount of the excess payment retained as fees of the office;
(13) For issuance of permits and licenses for which fees are not otherwise provided ....................$5.00
(14) For filing documents for which fee is not otherwise provided ....................$5.00
(15) For county clerks performing services as clerk of a court, the fees prescribed in part 4 of this chapter.
Amended by 2016 Tenn. Acts, ch. 850, s 1, eff. 4/19/2016.
Code 1858, §§ 683, 685, 4562 (deriv. Acts 1847-1848, ch. 161, § 13); Acts 1859-1860, ch. 77, § 1; 1870-1871, ch. 65, § 24; 1875, ch. 92, § 5; 1883, ch. 152, § 2; 1891, ch. 1, § 39; 1891, ch. 148, § 1; 1899, ch. 371, § 7; 1901, ch. 64, § 11; 1901, ch. 78, §§ 12, 13; 1903, ch. 163, § 1; 1905, ch. 6, § 4; 1905, ch. 76, §§ 11, 12; 1905, ch. 255, § 5; 1907, ch. 602, §§ 28, 62; 1909, ch. 185, § 16; 1915, ch. 38, § 4; 1915, ch. 85, § 11; 1915, ch. 101, § 8; 1915, ch. 152, § 13; 1917, ch. 62, § 12; 1917, ch. 73, §§ 2, 3, 57; Shan., § 6400; mod. Code 1932, § 10704; Acts 1951, ch. 166, § 1; 1953, ch. 20, § 1; modified; impl. am. Acts 1957, ch. 59, § 1; Acts 1963, ch. 145, § 2; 1971, ch. 387, § 24; 1972, ch. 850, § 19; impl. am. Acts 1976, ch. 593, § 23; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 8-2126; Acts 1982, ch. 728, § 1; 1986, ch. 614, § 3; 1989, ch. 16, § 2; 2008 , ch. 924, § 1.
Tenn. Code Ann. § 8-36-802 — TN Code / Title 8 / Chapter 36 / Section 8-36-802
Reenrollment upon reemployment or local system's inclusion in consolidated system
Status: in_force

(a) If a retiree restored to employment reenrolls as an active member of the retirement system, the excess, if any, of the retired member's accumulated contributions at retirement over the sum of the retirement allowance payments received by the retired member shall be credited to the retiree as accumulated contributions. (b) Any creditable service to which the retiree was entitled when the retiree retired shall be restored to the retiree, and upon subsequent retirement, the retiree's retirement allowance shall be based on the retiree's compensation and creditable service before and after the period of prior retirement. (c) (1) If the retiree does not complete three (3) years of creditable service after restoration to service, the part of the retiree's retirement allowance upon subsequent retirement payable with respect to creditable service rendered before the period of the retiree's previous retirement, or included in the computation of the retiree's previous retirement allowance, shall be equal to the retiree's previous retirement allowance with all of the provisions of the retirement payment plan elected by the retiree, with respect to such part of the retiree's retirement allowance. (2) If the retiree completes three (3) years or more of creditable service after restoration to service, the retirement payment plan elected by the retiree shall be void. Upon subsequent retirement, the retiree shall again elect the payment plan under which the retiree's retirement benefits shall be paid. The benefits shall be recomputed under such plan based on the total service and salary credit accrued by the retiree both before and after the retiree's previous retirement, unless such recomputation results in the retiree receiving a lower retirement allowance than the retiree would have received under that plan prior to restoration to service. If the recomputation results in a lower allowance, then the retiree's retirement allowance under the payment plan elected upon subsequent retirement shall be computed pursuant to subdivision (c)(1). Notwithstanding this subsection (c) or any other law to the contrary, the retirement benefits of any retiree who previously elected the social security leveling retirement payment plan pursuant to § 8-36-601(c) shall not be recomputed pursuant to this subdivision (c)(2) unless the retiree pays to the retirement system the difference in benefits received under the social security leveling plan during the retiree's previous retirement and the regular retirement payment plan. Any such retiree who fails to make such payment shall have such retiree's benefits computed pursuant to subdivision (c)(1). Amended by 2018 Tenn. Acts, ch. 736, s 23, eff. 4/18/2018. Acts 1972, ch. 814, § 5; 1976, ch. 816, § 6; T.C.A., § 8-3922(a); Acts 1981, ch. 387, § 14; 1981, ch. 508, § 11; T.C.A., §§ 8-36-802 , 8-36-805 , 8-36-806 ; Acts 1983, ch. 342, §§ 14, 15; 2004, ch. 631, § 11; 2005, ch. 204, § 21; 2010 , ch. 777, § 32.
(a) If a retiree restored to employment reenrolls as an active member of the retirement system, the excess, if any, of the retired member's accumulated contributions at retirement over the sum of the retirement allowance payments received by the retired member shall be credited to the retiree as accumulated contributions.
(b) Any creditable service to which the retiree was entitled when the retiree retired shall be restored to the retiree, and upon subsequent retirement, the retiree's retirement allowance shall be based on the retiree's compensation and creditable service before and after the period of prior retirement.
(c) (1) If the retiree does not complete three (3) years of creditable service after restoration to service, the part of the retiree's retirement allowance upon subsequent retirement payable with respect to creditable service rendered before the period of the retiree's previous retirement, or included in the computation of the retiree's previous retirement allowance, shall be equal to the retiree's previous retirement allowance with all of the provisions of the retirement payment plan elected by the retiree, with respect to such part of the retiree's retirement allowance. (2) If the retiree completes three (3) years or more of creditable service after restoration to service, the retirement payment plan elected by the retiree shall be void. Upon subsequent retirement, the retiree shall again elect the payment plan under which the retiree's retirement benefits shall be paid. The benefits shall be recomputed under such plan based on the total service and salary credit accrued by the retiree both before and after the retiree's previous retirement, unless such recomputation results in the retiree receiving a lower retirement allowance than the retiree would have received under that plan prior to restoration to service. If the recomputation results in a lower allowance, then the retiree's retirement allowance under the payment plan elected upon subsequent retirement shall be computed pursuant to subdivision (c)(1). Notwithstanding this subsection (c) or any other law to the contrary, the retirement benefits of any retiree who previously elected the social security leveling retirement payment plan pursuant to § 8-36-601(c) shall not be recomputed pursuant to this subdivision (c)(2) unless the retiree pays to the retirement system the difference in benefits received under the social security leveling plan during the retiree's previous retirement and the regular retirement payment plan. Any such retiree who fails to make such payment shall have such retiree's benefits computed pursuant to subdivision (c)(1).
(1) If the retiree does not complete three (3) years of creditable service after restoration to service, the part of the retiree's retirement allowance upon subsequent retirement payable with respect to creditable service rendered before the period of the retiree's previous retirement, or included in the computation of the retiree's previous retirement allowance, shall be equal to the retiree's previous retirement allowance with all of the provisions of the retirement payment plan elected by the retiree, with respect to such part of the retiree's retirement allowance.
(2) If the retiree completes three (3) years or more of creditable service after restoration to service, the retirement payment plan elected by the retiree shall be void. Upon subsequent retirement, the retiree shall again elect the payment plan under which the retiree's retirement benefits shall be paid. The benefits shall be recomputed under such plan based on the total service and salary credit accrued by the retiree both before and after the retiree's previous retirement, unless such recomputation results in the retiree receiving a lower retirement allowance than the retiree would have received under that plan prior to restoration to service. If the recomputation results in a lower allowance, then the retiree's retirement allowance under the payment plan elected upon subsequent retirement shall be computed pursuant to subdivision (c)(1). Notwithstanding this subsection (c) or any other law to the contrary, the retirement benefits of any retiree who previously elected the social security leveling retirement payment plan pursuant to § 8-36-601(c) shall not be recomputed pursuant to this subdivision (c)(2) unless the retiree pays to the retirement system the difference in benefits received under the social security leveling plan during the retiree's previous retirement and the regular retirement payment plan. Any such retiree who fails to make such payment shall have such retiree's benefits computed pursuant to subdivision (c)(1).
Amended by 2018 Tenn. Acts, ch. 736, s 23, eff. 4/18/2018.
Acts 1972, ch. 814, § 5; 1976, ch. 816, § 6; T.C.A., § 8-3922(a); Acts 1981, ch. 387, § 14; 1981, ch. 508, § 11; T.C.A., §§ 8-36-802 , 8-36-805 , 8-36-806 ; Acts 1983, ch. 342, §§ 14, 15; 2004, ch. 631, § 11; 2005, ch. 204, § 21; 2010 , ch. 777, § 32.
Tenn. Code Ann. § 8-30-303 — TN Code / Title 8 / Chapter 30 / Section 8-30-303
Assessments to establish lists of pools of candidates - Substitution of working test period for applicant with disability - Written notification of results - Corrections of errors in assessment results
Status: in_force

(a) (1) The commissioner shall, from time to time, conduct the assessments that the commissioner considers necessary for the purpose of establishing pools of candidates. (2) The assessments shall be competitive and shall be designed to determine the qualifications, fitness and ability of the applicant to perform the duties of the class of positions for which a pool is to be established. The assessment may consist of a written, oral, or physical exam, or a demonstration of skills, or any combination of such types. The assessment may also consist of an evaluation of education, experience, skill, ability, competency, knowledge, aptitude, capacity, character, and other qualifications as, in the judgment of the commissioner, may determine and measure the relative ability of the applicant. (3) No part of an assessment shall be framed to elicit information concerning the race, color, national origin, gender, age, disability, religion or creed, or political opinions or affiliations of an applicant. (4) An assessment may be used in lieu of an interview by the commissioner or an appointing authority to satisfy any requirements of this chapter. If an assessment is used in lieu of an interview, notice of such use may be included in the job announcement. (b) The commissioner may substitute a working test period in lieu of a written assessment for an applicant with a disability, who has been certified as unable to perform such a test by the department. The working test period shall not exceed one (1) year. (c) The commissioner shall notify each applicant in writing of the results of the assessment as soon as reasonably practicable. (d) A manifest error in the assessment result shall be corrected, if called to the attention of the commissioner within one (1) month after the establishment of the pool of candidates. The correction, however, shall not invalidate any appointment previously made from such pool. Amended by 2022 Tenn. Acts, ch. 655, Secs.s2, s3 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 655, s 1, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 469, s 1, eff. 7/1/2017. Acts 2012 , ch. 800, § 24.
(a) (1) The commissioner shall, from time to time, conduct the assessments that the commissioner considers necessary for the purpose of establishing pools of candidates. (2) The assessments shall be competitive and shall be designed to determine the qualifications, fitness and ability of the applicant to perform the duties of the class of positions for which a pool is to be established. The assessment may consist of a written, oral, or physical exam, or a demonstration of skills, or any combination of such types. The assessment may also consist of an evaluation of education, experience, skill, ability, competency, knowledge, aptitude, capacity, character, and other qualifications as, in the judgment of the commissioner, may determine and measure the relative ability of the applicant. (3) No part of an assessment shall be framed to elicit information concerning the race, color, national origin, gender, age, disability, religion or creed, or political opinions or affiliations of an applicant. (4) An assessment may be used in lieu of an interview by the commissioner or an appointing authority to satisfy any requirements of this chapter. If an assessment is used in lieu of an interview, notice of such use may be included in the job announcement.
(1) The commissioner shall, from time to time, conduct the assessments that the commissioner considers necessary for the purpose of establishing pools of candidates.
(2) The assessments shall be competitive and shall be designed to determine the qualifications, fitness and ability of the applicant to perform the duties of the class of positions for which a pool is to be established. The assessment may consist of a written, oral, or physical exam, or a demonstration of skills, or any combination of such types. The assessment may also consist of an evaluation of education, experience, skill, ability, competency, knowledge, aptitude, capacity, character, and other qualifications as, in the judgment of the commissioner, may determine and measure the relative ability of the applicant.
(3) No part of an assessment shall be framed to elicit information concerning the race, color, national origin, gender, age, disability, religion or creed, or political opinions or affiliations of an applicant.
(4) An assessment may be used in lieu of an interview by the commissioner or an appointing authority to satisfy any requirements of this chapter. If an assessment is used in lieu of an interview, notice of such use may be included in the job announcement.
(b) The commissioner may substitute a working test period in lieu of a written assessment for an applicant with a disability, who has been certified as unable to perform such a test by the department. The working test period shall not exceed one (1) year.
(c) The commissioner shall notify each applicant in writing of the results of the assessment as soon as reasonably practicable.
(d) A manifest error in the assessment result shall be corrected, if called to the attention of the commissioner within one (1) month after the establishment of the pool of candidates. The correction, however, shall not invalidate any appointment previously made from such pool.
Amended by 2022 Tenn. Acts, ch. 655, Secs.s2, s3 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 655, s 1, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 469, s 1, eff. 7/1/2017.
Acts 2012 , ch. 800, § 24.
Tenn. Code Ann. § 8-36-106 — TN Code / Title 8 / Chapter 36 / Section 8-36-106
Suspension of allowances by beneficiaries
Status: in_force

(a) A beneficiary may, for personal reasons and without disclosure thereof, apply to the board of trustees to suspend for any period payment of all or any part of the retirement allowance otherwise payable to the beneficiary under chapters 34-37 of this title. (b) Upon approval, the beneficiary shall be considered to have forfeited all rights to the amount of retirement allowance so suspended, but shall retain the right to have the full allowance otherwise payable to the beneficiary reinstated as to future monthly payments upon written notice to the board of the beneficiary's desire to revoke the prior request for a suspension under this section. Amended by 2016 Tenn. Acts, ch. 962,s 26, eff. 4/27/2016. Acts 1972, ch. 814, § 12; T.C.A., § 8-3941.
(a) A beneficiary may, for personal reasons and without disclosure thereof, apply to the board of trustees to suspend for any period payment of all or any part of the retirement allowance otherwise payable to the beneficiary under chapters 34-37 of this title.
(b) Upon approval, the beneficiary shall be considered to have forfeited all rights to the amount of retirement allowance so suspended, but shall retain the right to have the full allowance otherwise payable to the beneficiary reinstated as to future monthly payments upon written notice to the board of the beneficiary's desire to revoke the prior request for a suspension under this section.
Amended by 2016 Tenn. Acts, ch. 962,s 26, eff. 4/27/2016.
Acts 1972, ch. 814, § 12; T.C.A., § 8-3941.
Tenn. Code Ann. § 8-37-204 — TN Code / Title 8 / Chapter 37 / Section 8-37-204
Certification of rate of contribution - Deduction of contribution from compensation by employer
Status: in_force

(a) The board of trustees shall certify to the commissioner of finance and administration and the state treasurer, in the case of any employee paid by warrants on the state treasurer, or to the department, institution, commission, board or agency by which the salary of any employee is paid, the proportion or percent to be deducted from the compensation of each member. (b) Such authority or officer shall cause to be deducted from the compensation of each member, on each and every payroll of such employer for each and every payroll period, the percentage of earnable compensation applicable to such member. (c) To facilitate the making of deductions, the authority or officer may modify the deduction required of any member by such an amount as shall not exceed one-tenth of one percent (0.1%) of the annual earnable compensation upon the basis of which such deduction is made. Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
(a) The board of trustees shall certify to the commissioner of finance and administration and the state treasurer, in the case of any employee paid by warrants on the state treasurer, or to the department, institution, commission, board or agency by which the salary of any employee is paid, the proportion or percent to be deducted from the compensation of each member.
(b) Such authority or officer shall cause to be deducted from the compensation of each member, on each and every payroll of such employer for each and every payroll period, the percentage of earnable compensation applicable to such member.
(c) To facilitate the making of deductions, the authority or officer may modify the deduction required of any member by such an amount as shall not exceed one-tenth of one percent (0.1%) of the annual earnable compensation upon the basis of which such deduction is made.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
Tenn. Code Ann. § 8-14-106 — TN Code / Title 8 / Chapter 14 / Section 8-14-106
Waiver of right to counsel - Writing - Procedure for acceptance
Status: in_force

(a) No person in this state shall be allowed to enter a plea in any criminal prosecution or other proceeding involving a possible deprivation of liberty when not represented by counsel, unless such person has in writing waived the right to the assistance of counsel. (b) Before a court shall accept a written waiver of the right to counsel, the court shall first advise the person in open court concerning the right to the aid of counsel in every stage of the proceedings. The court shall at the same time determine whether or not there has been a competent and intelligent waiver of such right, by inquiring into the background, experience and conduct of the person and such other matters as the court may deem appropriate. If a waiver is accepted, the court shall approve and authenticate it and file it with the papers of the cause, and if the court is one of record, the waiver shall also be entered upon its official minutes. Acts 1989, ch. 588, § 6.
(a) No person in this state shall be allowed to enter a plea in any criminal prosecution or other proceeding involving a possible deprivation of liberty when not represented by counsel, unless such person has in writing waived the right to the assistance of counsel.
(b) Before a court shall accept a written waiver of the right to counsel, the court shall first advise the person in open court concerning the right to the aid of counsel in every stage of the proceedings. The court shall at the same time determine whether or not there has been a competent and intelligent waiver of such right, by inquiring into the background, experience and conduct of the person and such other matters as the court may deem appropriate. If a waiver is accepted, the court shall approve and authenticate it and file it with the papers of the cause, and if the court is one of record, the waiver shall also be entered upon its official minutes.
Acts 1989, ch. 588, § 6.
Tenn. Code Ann. § 8-30-207 — TN Code / Title 8 / Chapter 30 / Section 8-30-207
Compensation plan - Merit pay system - Periodic salary increases
Status: in_force

(a) The commissioner shall prepare and recommend to the governor a compensation plan for all employees. Such compensation plan shall include, for each class of positions, a minimum and maximum rate, and such intermediate rates as the commissioner considers necessary or equitable. In establishing such rates, the commissioner shall consider the ability to effectively recruit for positions in state service, the prevailing rates of pay for the services performed and for comparable services in public and private employment, living costs, other benefits received by employees, and the state's financial condition and policies. The compensation plan shall take effect when approved by the governor. The commissioner may initiate and recommend amendments, from time to time, to the governor. Each employee shall be paid at one (1) of the rates set forth in the compensation plan for the class of positions, in which the employee is employed. The commissioner may approve payment at a rate above that assigned to the employee's position in the compensation plan when the commissioner determines it to be in the interest of the state. Nothing in this chapter shall be construed to affect salary surveys and compensation schedules conducted and implemented pursuant to statute, including, but not limited to title 4, chapter 7, part 2. (b) Notwithstanding any law to the contrary, the commissioner shall establish guidelines to govern the distribution of any funds which may be available for merit pay for members of the state service. (1) The guidelines shall establish objectively measurable criteria, which ensure that the merit pay system: (A) Rewards above-average performance; (B) Improves efficiency; (C) Encourages participation in programs that will improve job performance and skills; and (D) Does not permit, facilitate or promote discrimination on account of race, color, national origin, gender, age, disability, religion or creed, veteran's status or political opinions or affiliations. (2) Such guidelines shall also provide that merit pay funds are consistently distributed in a fair and equitable manner. (3) All employees shall be eligible for merit pay pursuant to rules promulgated by the department. (c) Each employee whose job conduct and performance are satisfactory shall receive a periodic salary increase, if and when, authorized by the legislature; provided, that employees at or above the top step of their salary ranges shall not be eligible for such a salary increase. Periodic salary increases shall only be awarded to employees who have completed twelve (12) continuous months of state service as of July 1 each year. Employees who have not completed twelve (12) continuous months of state service as of July 1 each year shall be eligible for a periodic salary increase upon completion of twelve (12) continuous months of state service. Periodic salary increases shall be subject to availability of funds as provided in the general appropriations act for each fiscal year. Acts 2012, ch. 800, § 16.
(a) The commissioner shall prepare and recommend to the governor a compensation plan for all employees. Such compensation plan shall include, for each class of positions, a minimum and maximum rate, and such intermediate rates as the commissioner considers necessary or equitable. In establishing such rates, the commissioner shall consider the ability to effectively recruit for positions in state service, the prevailing rates of pay for the services performed and for comparable services in public and private employment, living costs, other benefits received by employees, and the state's financial condition and policies. The compensation plan shall take effect when approved by the governor. The commissioner may initiate and recommend amendments, from time to time, to the governor. Each employee shall be paid at one (1) of the rates set forth in the compensation plan for the class of positions, in which the employee is employed. The commissioner may approve payment at a rate above that assigned to the employee's position in the compensation plan when the commissioner determines it to be in the interest of the state. Nothing in this chapter shall be construed to affect salary surveys and compensation schedules conducted and implemented pursuant to statute, including, but not limited to title 4, chapter 7, part 2.
(b) Notwithstanding any law to the contrary, the commissioner shall establish guidelines to govern the distribution of any funds which may be available for merit pay for members of the state service. (1) The guidelines shall establish objectively measurable criteria, which ensure that the merit pay system: (A) Rewards above-average performance; (B) Improves efficiency; (C) Encourages participation in programs that will improve job performance and skills; and (D) Does not permit, facilitate or promote discrimination on account of race, color, national origin, gender, age, disability, religion or creed, veteran's status or political opinions or affiliations. (2) Such guidelines shall also provide that merit pay funds are consistently distributed in a fair and equitable manner. (3) All employees shall be eligible for merit pay pursuant to rules promulgated by the department.
(1) The guidelines shall establish objectively measurable criteria, which ensure that the merit pay system: (A) Rewards above-average performance; (B) Improves efficiency; (C) Encourages participation in programs that will improve job performance and skills; and (D) Does not permit, facilitate or promote discrimination on account of race, color, national origin, gender, age, disability, religion or creed, veteran's status or political opinions or affiliations.
(A) Rewards above-average performance;
(B) Improves efficiency;
(C) Encourages participation in programs that will improve job performance and skills; and
(D) Does not permit, facilitate or promote discrimination on account of race, color, national origin, gender, age, disability, religion or creed, veteran's status or political opinions or affiliations.
(2) Such guidelines shall also provide that merit pay funds are consistently distributed in a fair and equitable manner.
(3) All employees shall be eligible for merit pay pursuant to rules promulgated by the department.
(c) Each employee whose job conduct and performance are satisfactory shall receive a periodic salary increase, if and when, authorized by the legislature; provided, that employees at or above the top step of their salary ranges shall not be eligible for such a salary increase. Periodic salary increases shall only be awarded to employees who have completed twelve (12) continuous months of state service as of July 1 each year. Employees who have not completed twelve (12) continuous months of state service as of July 1 each year shall be eligible for a periodic salary increase upon completion of twelve (12) continuous months of state service. Periodic salary increases shall be subject to availability of funds as provided in the general appropriations act for each fiscal year.
Acts 2012, ch. 800, § 16.
Tenn. Code Ann. § 8-30-205 — TN Code / Title 8 / Chapter 30 / Section 8-30-205
Changes in classification plan
Status: in_force

The commissioner may, at any time, allocate any new position to a class, or change the allocation of any position to a class, or make changes in the classification plan. If any change is made in the classification plan by which a class of positions is divided, altered, or abolished, or the classes are combined, the commissioner shall reallocate the positions and/or the affected employee to the appropriate class. Acts 2012, ch. 800, § 14.
The commissioner may, at any time, allocate any new position to a class, or change the allocation of any position to a class, or make changes in the classification plan. If any change is made in the classification plan by which a class of positions is divided, altered, or abolished, or the classes are combined, the commissioner shall reallocate the positions and/or the affected employee to the appropriate class.
Acts 2012, ch. 800, § 14.
Tenn. Code Ann. § 8-19-306 — TN Code / Title 8 / Chapter 19 / Section 8-19-306
Provisions applicable to future offices
Status: in_force

Sections 8-19-111 - 8-19-119 and 8-19-301 - 8-19-307 apply to the official bonds of all public officers of this state whose office may be established hereafter, unless the contrary be expressly provided. Code 1858, § 775; Shan., § 1096; Code 1932, § 1838; T.C.A. (orig. ed.), § 8-1925.
Sections 8-19-111 - 8-19-119 and 8-19-301 - 8-19-307 apply to the official bonds of all public officers of this state whose office may be established hereafter, unless the contrary be expressly provided.
Code 1858, § 775; Shan., § 1096; Code 1932, § 1838; T.C.A. (orig. ed.), § 8-1925.
Tenn. Code Ann. § 8-50-109 — TN Code / Title 8 / Chapter 50 / Section 8-50-109
Leave of absence for officers of employee associations
Status: in_force

(a) The chief elected officer of any employee association which has qualified for payroll deductions for association dues in accordance with § 8-23-204 , shall, upon application to the employee's department head, be allowed up to two (2) years leave of absence without pay to perform the responsibilities and duties of such person's office. This shall not apply to a chief elected officer of any employee association who is under the executive grade pay plan or the doctor and dentist pay plan. At the option of such person, the person may be paid for any accrued annual leave or any accrued annual leave may be carried forward to such time as the person returns to such person's position in state government. In the event the person elects to be paid for annual leave, the period of time for the leave of absence without pay shall be accordingly reduced. (b) Except as otherwise provided herein, no such person on leave without pay shall be entitled to any benefits unless the full cost of the same are paid by the person on leave and/or the association of which the person is the chief elected officer. (c) At the end of the period of leave, any person who has taken such leave shall be entitled to return to the person's former position at the same place of employment in the same class or rank in the division or department which such person held prior to taking such leave. (d) Any leave granted under this section shall not diminish any employee rights, including accrued but unused leave, longevity or those arising from longevity or time in grade. (e) Such person shall be entitled during the period of such leave to all benefits that person is otherwise entitled to, including, but not limited to, insurance and retirement; provided, that the person or the association involved reimburses the state for its cost for such benefits in the same manner and to the same extent that would have accrued had the person not taken such leave. Acts 1979, ch. 120, § 1; T.C.A., § 8-4138; Acts 1986, ch. 508, § 1.
(a) The chief elected officer of any employee association which has qualified for payroll deductions for association dues in accordance with § 8-23-204 , shall, upon application to the employee's department head, be allowed up to two (2) years leave of absence without pay to perform the responsibilities and duties of such person's office. This shall not apply to a chief elected officer of any employee association who is under the executive grade pay plan or the doctor and dentist pay plan. At the option of such person, the person may be paid for any accrued annual leave or any accrued annual leave may be carried forward to such time as the person returns to such person's position in state government. In the event the person elects to be paid for annual leave, the period of time for the leave of absence without pay shall be accordingly reduced.
(b) Except as otherwise provided herein, no such person on leave without pay shall be entitled to any benefits unless the full cost of the same are paid by the person on leave and/or the association of which the person is the chief elected officer.
(c) At the end of the period of leave, any person who has taken such leave shall be entitled to return to the person's former position at the same place of employment in the same class or rank in the division or department which such person held prior to taking such leave.
(d) Any leave granted under this section shall not diminish any employee rights, including accrued but unused leave, longevity or those arising from longevity or time in grade.
(e) Such person shall be entitled during the period of such leave to all benefits that person is otherwise entitled to, including, but not limited to, insurance and retirement; provided, that the person or the association involved reimburses the state for its cost for such benefits in the same manner and to the same extent that would have accrued had the person not taken such leave.
Acts 1979, ch. 120, § 1; T.C.A., § 8-4138; Acts 1986, ch. 508, § 1.
Tenn. Code Ann. § 8-35-406 — TN Code / Title 8 / Chapter 35 / Section 8-35-406
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015. Acts 1972, ch. 814, § 12; 1977, ch. 477, § 2; T.C.A., §§ 8-3936(e), 8-3936(i); Acts 1993, ch. 345, § 4.
Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015.
Acts 1972, ch. 814, § 12; 1977, ch. 477, § 2; T.C.A., §§ 8-3936(e), 8-3936(i); Acts 1993, ch. 345, § 4.
Tenn. Code Ann. § 8-4-109 — TN Code / Title 8 / Chapter 4 / Section 8-4-109
Audits of governmental entities - Implementation and reports by agency heads
Status: in_force

(a) (1) The comptroller of the treasury shall keep no accounts in the department of audit, but shall conduct a continuous post audit of the accounts, books, records, and other evidences of financial transactions kept in the department of revenue, the state treasurer's office, or in the other departments, institutions, offices and agencies of the state government. (2) The comptroller of the treasury is hereby authorized to audit any books and records of any governmental entity created under and by virtue of the statutes of the state which handles public funds when such audit is deemed necessary or appropriate by the comptroller of the treasury. The comptroller of the treasury shall have the full cooperation of officials of the governmental entity in the performance of such audit or audits. (b) When the comptroller of the treasury conducts an audit of the accounts, books, records, and other evidences of financial transactions of any department, agency, or institution of the state, it shall be the duty of the officer who is the administrative head of such department, agency, or institution to submit a corrective action plan to the comptroller of the treasury which addresses the actions taken, or to be taken, in response to each audit finding and related recommendations of the comptroller of the treasury relative to the effective and efficient management of such accounts, books, records, or other evidences of financial transactions. The corrective action plan shall provide the name or names of the contact person or persons responsible for the corrective action, the corrective action taken or planned, and the anticipated completion date. If the auditee does not agree with an audit finding or a related recommendation proposed by the office of the comptroller of the treasury, or believes corrective action is not required, the corrective action plan shall state the reasons and justifications for disagreement or belief. The corrective action plan shall be filed with the comptroller of the treasury no later than thirty (30) days after the issuance of the department, agency, or institution's audit report. (c) It shall be the duty of the officer who is the administrative head of such department, agency, or institution to report to the comptroller of the treasury, in writing, the action that has been taken to implement the recommendations of the comptroller of the treasury, or to state the reasons and justifications for disagreement with the recommendations proposed by the office of the comptroller of the treasury, six (6) months after the issuance of the department, agency, or institution's audit report. (d) In order to avoid repeat audit findings, the comptroller of the treasury shall at any time notify the chairs of the finance, ways and means, government operations, and fiscal review committees of the general assembly of any such department, agency, or institution's failure to timely implement such recommendations, to submit the report required by subsection (c), or to comply with its corrective action plan. Those committees may direct the department, agency, or institution to provide a written statement to the requesting committee explaining why full corrective action has not been taken. If a requesting committee determines that the written statement is not sufficient, that committee may require the department, agency, or institution to appear before the committee. If the committee determines that the department, agency, or institution has failed to take full corrective action for which there is no justifiable reason or has failed to comply with the committee's request, that committee shall take such steps as they deem necessary. Amended by 2017 Tenn. Acts, ch. 20,Secs.s1, s2 eff. 3/24/2017. Acts 1937, ch. 33, § 73; 1939, ch. 11, § 41; C. Supp. 1950, § 255.73 (Williams, § 255.78); T.C.A. (orig. ed.), §§ 8-408, 8-422; impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 93, § 1; 1979, ch. 151, § 1; T.C.A., § 8-409.
(a) (1) The comptroller of the treasury shall keep no accounts in the department of audit, but shall conduct a continuous post audit of the accounts, books, records, and other evidences of financial transactions kept in the department of revenue, the state treasurer's office, or in the other departments, institutions, offices and agencies of the state government. (2) The comptroller of the treasury is hereby authorized to audit any books and records of any governmental entity created under and by virtue of the statutes of the state which handles public funds when such audit is deemed necessary or appropriate by the comptroller of the treasury. The comptroller of the treasury shall have the full cooperation of officials of the governmental entity in the performance of such audit or audits.
(1) The comptroller of the treasury shall keep no accounts in the department of audit, but shall conduct a continuous post audit of the accounts, books, records, and other evidences of financial transactions kept in the department of revenue, the state treasurer's office, or in the other departments, institutions, offices and agencies of the state government.
(2) The comptroller of the treasury is hereby authorized to audit any books and records of any governmental entity created under and by virtue of the statutes of the state which handles public funds when such audit is deemed necessary or appropriate by the comptroller of the treasury. The comptroller of the treasury shall have the full cooperation of officials of the governmental entity in the performance of such audit or audits.
(b) When the comptroller of the treasury conducts an audit of the accounts, books, records, and other evidences of financial transactions of any department, agency, or institution of the state, it shall be the duty of the officer who is the administrative head of such department, agency, or institution to submit a corrective action plan to the comptroller of the treasury which addresses the actions taken, or to be taken, in response to each audit finding and related recommendations of the comptroller of the treasury relative to the effective and efficient management of such accounts, books, records, or other evidences of financial transactions. The corrective action plan shall provide the name or names of the contact person or persons responsible for the corrective action, the corrective action taken or planned, and the anticipated completion date. If the auditee does not agree with an audit finding or a related recommendation proposed by the office of the comptroller of the treasury, or believes corrective action is not required, the corrective action plan shall state the reasons and justifications for disagreement or belief. The corrective action plan shall be filed with the comptroller of the treasury no later than thirty (30) days after the issuance of the department, agency, or institution's audit report.
(c) It shall be the duty of the officer who is the administrative head of such department, agency, or institution to report to the comptroller of the treasury, in writing, the action that has been taken to implement the recommendations of the comptroller of the treasury, or to state the reasons and justifications for disagreement with the recommendations proposed by the office of the comptroller of the treasury, six (6) months after the issuance of the department, agency, or institution's audit report.
(d) In order to avoid repeat audit findings, the comptroller of the treasury shall at any time notify the chairs of the finance, ways and means, government operations, and fiscal review committees of the general assembly of any such department, agency, or institution's failure to timely implement such recommendations, to submit the report required by subsection (c), or to comply with its corrective action plan. Those committees may direct the department, agency, or institution to provide a written statement to the requesting committee explaining why full corrective action has not been taken. If a requesting committee determines that the written statement is not sufficient, that committee may require the department, agency, or institution to appear before the committee. If the committee determines that the department, agency, or institution has failed to take full corrective action for which there is no justifiable reason or has failed to comply with the committee's request, that committee shall take such steps as they deem necessary.
Amended by 2017 Tenn. Acts, ch. 20,Secs.s1, s2 eff. 3/24/2017.
Acts 1937, ch. 33, § 73; 1939, ch. 11, § 41; C. Supp. 1950, § 255.73 (Williams, § 255.78); T.C.A. (orig. ed.), §§ 8-408, 8-422; impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 93, § 1; 1979, ch. 151, § 1; T.C.A., § 8-409.
Tenn. Code Ann. § 8-37-305 — TN Code / Title 8 / Chapter 37 / Section 8-37-305
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 990,s 2, eff. 5/22/2014. Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(2).
Repealed by 2014 Tenn. Acts, ch. 990,s 2, eff. 5/22/2014.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(2).
Tenn. Code Ann. § 8-50-925 — TN Code / Title 8 / Chapter 50 / Section 8-50-925
Institutions of higher education
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Branch" refers to any one (1) of the campuses governed by the board of trustees of the University of Tennessee which is listed in § 49-9-202 ; (2) "Faculty" means officers and members of the teaching staffs of the University of Tennessee and the state university and community college system of Tennessee; and (3) "Institution" refers to any one (1) of the campuses governed by the board of regents of the state university and community college system which is listed in § 49-8-101 . (b) A sick leave bank may be established at any institution within the state university and community college system of Tennessee, or at any of the branches of the University of Tennessee. To form a sick leave bank at any such institution or branch, a minimum of twenty (20) faculty shall petition the chief executive officer at such institution or branch to authorize and direct the establishment of a sick leave bank. (c) Within thirty (30) days after receipt of the petition, the chief executive officer shall appoint five (5) sick leave bank trustees. At least three (3) of the appointees shall be faculty who devote a majority of their time to classroom instruction. All appointments shall be for three-year terms after an initial appointment term of one (1) year for two (2) trustees, two (2) years for two (2) trustees and three (3) years for one (1) trustee. The sick leave bank trustees shall hold their first meeting and elect a chair within ten (10) days of their appointment. Trustees shall be eligible for reappointment and any vacancy resulting from expiration of a term, retirement, resignation, discontinuation of employment or death shall be filled immediately by the appointing authority. (d) (1) Preparation of the sick leave bank plan shall be the responsibility of the sick leave bank trustees. The plan shall provide for membership eligibility of all faculty at the institution or branch. The trustees shall administer the sick leave bank and approve or reject each request for additional sick leave. All actions by the trustees will require three (3) affirmative votes. It shall be the specific responsibility of the trustees to adopt reasonable rules for assessment or contribution of sick leave days to maintain an adequate reserve of usable days for bank members based upon total membership and projected potential need. The plan prepared by the trustees shall include, but not be limited to, rules on the following subjects: (A) A thirty-day membership requirement before an individual may apply for bank sick leave days; (B) A requirement that an individual exhaust all accumulated sick leave prior to receiving bank sick leave days; (C) A restriction on the number of days which may be withdrawn from the bank by one (1) member on account of one (1) illness, particularly any known illness at the time the individual elected to participate in the bank; (D) A restriction that bank sick leave shall not be used for elective surgery, or illness of a member of the individual's family except as provided in subsection (h), or during any period an individual is receiving disability benefits from social security or a retirement plan; (E) The procedure and forms to be used when individuals apply for sick leave days; (F) A restriction that initial grants of sick leave to individual applicants shall not exceed twenty (20) consecutive days for which the applicant would have otherwise lost pay, and the procedure for requesting additional sick leave days to a maximum of sixty (60) days in any fiscal year, or ninety (90) days for any one (1) illness, or recurring diagnosed illness, or accident; (G) A procedure for family members or agents making a request on behalf of an individual participant when that individual is physically or mentally unable to apply for sick leave; (H) Any circumstance that would require a physician's certification of illness or condition, the procedures to be followed by the individual applicant, and a clear statement that refusal to submit a physician's statement will result in denial of the application for bank sick leave days; (I) Loss of the right to apply for bank sick leave because of resignation or termination of employment, retirement, cancellation of membership, refusal to honor sick leave bank trustee assessments of sick leave from individuals, or being on leave of absence in a non-pay status for reasons other than illness, injury, or disability; (J) An annual enrollment period for new members; and (K) Conditions for withdrawal of membership with a clear provision that assessed or contributed days are nonrefundable and nontransferable. (2) Grants of sick leave from the bank shall not be conditioned upon repayment of days used or waiver of other employment benefits or rights provided by the applicable institution or branch. The trustees shall act affirmatively or negatively on all applications within ten (10) calendar days of receipt of the application. All records of the sick leave bank and minutes of trustee meetings shall be kept by the personnel office of the institution or branch. (e) Within sixty (60) days after appointment, the trustees shall submit the proposed sick leave plan rules to the chief executive officer to determine whether the plan as submitted by the trustees is consistent with this section. The chief executive officer may direct the trustees to make changes in the plan if such changes are necessary to the operation of the bank or are required by law. The chief executive officer shall establish the effective date of operation of the bank, such date to be not later than one hundred eighty (180) days after the date of receipt of the original petition by the faculty to create the bank. (f) The sick leave bank trustees shall notify all faculty of their eligibility to participate in the bank and the enrollment period. Enrollment forms, notices, copies of the final plan and rules adopted by the trustees shall be made available to all faculty at least thirty (30) days prior to the established effective date for the plan. The initial enrollment period shall last for a minimum of forty-five (45) days from the date membership materials are available to faculty. Any eligible person electing to participate by filing the required enrollment forms shall donate a maximum of three (3) days of accumulated sick leave as the initial enrollment assessment. Such donation of sick leave shall be deducted from the person's personal accumulated sick leave and shall be nonrefundable. (g) In the event that dissolution of the sick leave bank becomes necessary because the institution or branch is closed, or because membership in the bank falls below twenty (20) individuals, the total days on deposit shall be returned to the participating members at the time of the dissolution and credited to their personal sick leave accumulation in proportion to the number of days each has contributed individually. Days returned and credited to an individual shall be rounded to the nearest one-half (½) day. (h) Sick leave may be granted to a member on account of an illness of the member's minor child. Amended by 2023 Tenn. Acts, ch. 151, s 4, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 151, s 3, eff. 7/1/2023. Acts 1983, ch. 447, § 2; T.C.A., § 8-50-112 .
(a) As used in this section, unless the context otherwise requires: (1) "Branch" refers to any one (1) of the campuses governed by the board of trustees of the University of Tennessee which is listed in § 49-9-202 ; (2) "Faculty" means officers and members of the teaching staffs of the University of Tennessee and the state university and community college system of Tennessee; and (3) "Institution" refers to any one (1) of the campuses governed by the board of regents of the state university and community college system which is listed in § 49-8-101 .
(1) "Branch" refers to any one (1) of the campuses governed by the board of trustees of the University of Tennessee which is listed in § 49-9-202 ;
(2) "Faculty" means officers and members of the teaching staffs of the University of Tennessee and the state university and community college system of Tennessee; and
(3) "Institution" refers to any one (1) of the campuses governed by the board of regents of the state university and community college system which is listed in § 49-8-101 .
(b) A sick leave bank may be established at any institution within the state university and community college system of Tennessee, or at any of the branches of the University of Tennessee. To form a sick leave bank at any such institution or branch, a minimum of twenty (20) faculty shall petition the chief executive officer at such institution or branch to authorize and direct the establishment of a sick leave bank.
(c) Within thirty (30) days after receipt of the petition, the chief executive officer shall appoint five (5) sick leave bank trustees. At least three (3) of the appointees shall be faculty who devote a majority of their time to classroom instruction. All appointments shall be for three-year terms after an initial appointment term of one (1) year for two (2) trustees, two (2) years for two (2) trustees and three (3) years for one (1) trustee. The sick leave bank trustees shall hold their first meeting and elect a chair within ten (10) days of their appointment. Trustees shall be eligible for reappointment and any vacancy resulting from expiration of a term, retirement, resignation, discontinuation of employment or death shall be filled immediately by the appointing authority.
(d) (1) Preparation of the sick leave bank plan shall be the responsibility of the sick leave bank trustees. The plan shall provide for membership eligibility of all faculty at the institution or branch. The trustees shall administer the sick leave bank and approve or reject each request for additional sick leave. All actions by the trustees will require three (3) affirmative votes. It shall be the specific responsibility of the trustees to adopt reasonable rules for assessment or contribution of sick leave days to maintain an adequate reserve of usable days for bank members based upon total membership and projected potential need. The plan prepared by the trustees shall include, but not be limited to, rules on the following subjects: (A) A thirty-day membership requirement before an individual may apply for bank sick leave days; (B) A requirement that an individual exhaust all accumulated sick leave prior to receiving bank sick leave days; (C) A restriction on the number of days which may be withdrawn from the bank by one (1) member on account of one (1) illness, particularly any known illness at the time the individual elected to participate in the bank; (D) A restriction that bank sick leave shall not be used for elective surgery, or illness of a member of the individual's family except as provided in subsection (h), or during any period an individual is receiving disability benefits from social security or a retirement plan; (E) The procedure and forms to be used when individuals apply for sick leave days; (F) A restriction that initial grants of sick leave to individual applicants shall not exceed twenty (20) consecutive days for which the applicant would have otherwise lost pay, and the procedure for requesting additional sick leave days to a maximum of sixty (60) days in any fiscal year, or ninety (90) days for any one (1) illness, or recurring diagnosed illness, or accident; (G) A procedure for family members or agents making a request on behalf of an individual participant when that individual is physically or mentally unable to apply for sick leave; (H) Any circumstance that would require a physician's certification of illness or condition, the procedures to be followed by the individual applicant, and a clear statement that refusal to submit a physician's statement will result in denial of the application for bank sick leave days; (I) Loss of the right to apply for bank sick leave because of resignation or termination of employment, retirement, cancellation of membership, refusal to honor sick leave bank trustee assessments of sick leave from individuals, or being on leave of absence in a non-pay status for reasons other than illness, injury, or disability; (J) An annual enrollment period for new members; and (K) Conditions for withdrawal of membership with a clear provision that assessed or contributed days are nonrefundable and nontransferable. (2) Grants of sick leave from the bank shall not be conditioned upon repayment of days used or waiver of other employment benefits or rights provided by the applicable institution or branch. The trustees shall act affirmatively or negatively on all applications within ten (10) calendar days of receipt of the application. All records of the sick leave bank and minutes of trustee meetings shall be kept by the personnel office of the institution or branch.
(1) Preparation of the sick leave bank plan shall be the responsibility of the sick leave bank trustees. The plan shall provide for membership eligibility of all faculty at the institution or branch. The trustees shall administer the sick leave bank and approve or reject each request for additional sick leave. All actions by the trustees will require three (3) affirmative votes. It shall be the specific responsibility of the trustees to adopt reasonable rules for assessment or contribution of sick leave days to maintain an adequate reserve of usable days for bank members based upon total membership and projected potential need. The plan prepared by the trustees shall include, but not be limited to, rules on the following subjects: (A) A thirty-day membership requirement before an individual may apply for bank sick leave days; (B) A requirement that an individual exhaust all accumulated sick leave prior to receiving bank sick leave days; (C) A restriction on the number of days which may be withdrawn from the bank by one (1) member on account of one (1) illness, particularly any known illness at the time the individual elected to participate in the bank; (D) A restriction that bank sick leave shall not be used for elective surgery, or illness of a member of the individual's family except as provided in subsection (h), or during any period an individual is receiving disability benefits from social security or a retirement plan; (E) The procedure and forms to be used when individuals apply for sick leave days; (F) A restriction that initial grants of sick leave to individual applicants shall not exceed twenty (20) consecutive days for which the applicant would have otherwise lost pay, and the procedure for requesting additional sick leave days to a maximum of sixty (60) days in any fiscal year, or ninety (90) days for any one (1) illness, or recurring diagnosed illness, or accident; (G) A procedure for family members or agents making a request on behalf of an individual participant when that individual is physically or mentally unable to apply for sick leave; (H) Any circumstance that would require a physician's certification of illness or condition, the procedures to be followed by the individual applicant, and a clear statement that refusal to submit a physician's statement will result in denial of the application for bank sick leave days; (I) Loss of the right to apply for bank sick leave because of resignation or termination of employment, retirement, cancellation of membership, refusal to honor sick leave bank trustee assessments of sick leave from individuals, or being on leave of absence in a non-pay status for reasons other than illness, injury, or disability; (J) An annual enrollment period for new members; and (K) Conditions for withdrawal of membership with a clear provision that assessed or contributed days are nonrefundable and nontransferable.
(A) A thirty-day membership requirement before an individual may apply for bank sick leave days;
(B) A requirement that an individual exhaust all accumulated sick leave prior to receiving bank sick leave days;
(C) A restriction on the number of days which may be withdrawn from the bank by one (1) member on account of one (1) illness, particularly any known illness at the time the individual elected to participate in the bank;
(D) A restriction that bank sick leave shall not be used for elective surgery, or illness of a member of the individual's family except as provided in subsection (h), or during any period an individual is receiving disability benefits from social security or a retirement plan;
(E) The procedure and forms to be used when individuals apply for sick leave days;
(F) A restriction that initial grants of sick leave to individual applicants shall not exceed twenty (20) consecutive days for which the applicant would have otherwise lost pay, and the procedure for requesting additional sick leave days to a maximum of sixty (60) days in any fiscal year, or ninety (90) days for any one (1) illness, or recurring diagnosed illness, or accident;
(G) A procedure for family members or agents making a request on behalf of an individual participant when that individual is physically or mentally unable to apply for sick leave;
(H) Any circumstance that would require a physician's certification of illness or condition, the procedures to be followed by the individual applicant, and a clear statement that refusal to submit a physician's statement will result in denial of the application for bank sick leave days;
(I) Loss of the right to apply for bank sick leave because of resignation or termination of employment, retirement, cancellation of membership, refusal to honor sick leave bank trustee assessments of sick leave from individuals, or being on leave of absence in a non-pay status for reasons other than illness, injury, or disability;
(J) An annual enrollment period for new members; and
(K) Conditions for withdrawal of membership with a clear provision that assessed or contributed days are nonrefundable and nontransferable.
(2) Grants of sick leave from the bank shall not be conditioned upon repayment of days used or waiver of other employment benefits or rights provided by the applicable institution or branch. The trustees shall act affirmatively or negatively on all applications within ten (10) calendar days of receipt of the application. All records of the sick leave bank and minutes of trustee meetings shall be kept by the personnel office of the institution or branch.
(e) Within sixty (60) days after appointment, the trustees shall submit the proposed sick leave plan rules to the chief executive officer to determine whether the plan as submitted by the trustees is consistent with this section. The chief executive officer may direct the trustees to make changes in the plan if such changes are necessary to the operation of the bank or are required by law. The chief executive officer shall establish the effective date of operation of the bank, such date to be not later than one hundred eighty (180) days after the date of receipt of the original petition by the faculty to create the bank.
(f) The sick leave bank trustees shall notify all faculty of their eligibility to participate in the bank and the enrollment period. Enrollment forms, notices, copies of the final plan and rules adopted by the trustees shall be made available to all faculty at least thirty (30) days prior to the established effective date for the plan. The initial enrollment period shall last for a minimum of forty-five (45) days from the date membership materials are available to faculty. Any eligible person electing to participate by filing the required enrollment forms shall donate a maximum of three (3) days of accumulated sick leave as the initial enrollment assessment. Such donation of sick leave shall be deducted from the person's personal accumulated sick leave and shall be nonrefundable.
(g) In the event that dissolution of the sick leave bank becomes necessary because the institution or branch is closed, or because membership in the bank falls below twenty (20) individuals, the total days on deposit shall be returned to the participating members at the time of the dissolution and credited to their personal sick leave accumulation in proportion to the number of days each has contributed individually. Days returned and credited to an individual shall be rounded to the nearest one-half (½) day.
(h) Sick leave may be granted to a member on account of an illness of the member's minor child.
Amended by 2023 Tenn. Acts, ch. 151, s 4, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 151, s 3, eff. 7/1/2023.
Acts 1983, ch. 447, § 2; T.C.A., § 8-50-112 .
Tenn. Code Ann. § 8-39-203 — TN Code / Title 8 / Chapter 39 / Section 8-39-203
Allowance not paid when former governor on public payroll
Status: in_force

Any retirement allowance payable in accordance with this part shall not be due or payable, however, during any period of time that a former governor is holding any public office, elective or appointive, or is otherwise on the payroll of the federal government or any state or local government. Acts 1972, ch. 814, § 12; T.C.A., § 8-3942(b).
Any retirement allowance payable in accordance with this part shall not be due or payable, however, during any period of time that a former governor is holding any public office, elective or appointive, or is otherwise on the payroll of the federal government or any state or local government.
Acts 1972, ch. 814, § 12; T.C.A., § 8-3942(b).
Tenn. Code Ann. § 8-27-103 — TN Code / Title 8 / Chapter 27 / Section 8-27-103
Authority to enter into contracts necessary to administer plans - Participation with health maintenance organizations
Status: in_force

(a) The committees, acting individually or collectively, have the authority to enter into contracts with insurance companies, claims administrators, and other organizations for some or all of the insurance benefits or services, including actuarial and consulting advice, necessary to administer the plans authorized in parts 2, 3, and 7 of this chapter. The procurement of the contracts shall be governed by title 4, chapter 56, and the rules promulgated pursuant to that chapter. (b) The contracts described in subsection (a) may include self-insured contracts with health maintenance organizations established pursuant to the Health Maintenance Organization Act of 1986, compiled in title 56, chapter 32, notwithstanding any language in title 56 to the contrary. The committees shall permit participation with those health maintenance organizations only in locations for which the organization has been issued a certificate of authority by the department of commerce and insurance. Amended by 2015 Tenn. Acts, ch. 426,s 1, eff. 5/18/2015. Acts 2009, ch. 502, § 4.
(a) The committees, acting individually or collectively, have the authority to enter into contracts with insurance companies, claims administrators, and other organizations for some or all of the insurance benefits or services, including actuarial and consulting advice, necessary to administer the plans authorized in parts 2, 3, and 7 of this chapter. The procurement of the contracts shall be governed by title 4, chapter 56, and the rules promulgated pursuant to that chapter.
(b) The contracts described in subsection (a) may include self-insured contracts with health maintenance organizations established pursuant to the Health Maintenance Organization Act of 1986, compiled in title 56, chapter 32, notwithstanding any language in title 56 to the contrary. The committees shall permit participation with those health maintenance organizations only in locations for which the organization has been issued a certificate of authority by the department of commerce and insurance.
Amended by 2015 Tenn. Acts, ch. 426,s 1, eff. 5/18/2015.
Acts 2009, ch. 502, § 4.
Tenn. Code Ann. § 8-27-203 — TN Code / Title 8 / Chapter 27 / Section 8-27-203
Responsibility for payment of premiums
Status: in_force

(a) (1) From the appropriations made each year in the general appropriations act, the various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating covered individual within the respective departments, agencies, boards, and commissions, eighty percent (80%) of the cost of the coverage option for employees and employees' dependents, determined by the state insurance committee to be the basic health plan for funding purposes. In addition to this basic health plan for funding purposes, the state insurance committee may offer other plan options. (2) The state insurance committee may, in its discretion, establish the financial obligations for each coverage level in the basic plan. The payments made on behalf of participating employees may vary among the different coverage levels. The state insurance committee may establish a certain threshold of life insurance in computing the payment to be made on behalf of participating employees. (b) From the appropriations made each year in the general appropriations act, the various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating employee within the respective departments, agencies, boards, and commissions, defined coverage amounts for all fully employer-funded benefits and all partially employer-funded voluntary benefits. (c) The premium for voluntary benefit plans as the state insurance committee may adopt pursuant to § 8-27-202 shall be paid in full or in part by the employee. (d) Payroll deductions from salary paid by the state and from retirement benefits paid by the Tennessee consolidated retirement system shall be available for the payment of premiums of any aforementioned plan. Amended by 2023 Tenn. Acts, ch. 216, s 15, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 216, s 14, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 776, s 6, eff. 4/8/2022. Amended by 2021 Tenn. Acts, ch. 303, s 6, eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 426, s 2, eff. 5/18/2015. Acts 1978, ch. 782, § 1; T.C.A., § 8-4507; Acts 1982, ch. 643, § 1; 2002, ch. 853, §§ 1 - 3; 2010 , ch. 914, § 1.
(a) (1) From the appropriations made each year in the general appropriations act, the various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating covered individual within the respective departments, agencies, boards, and commissions, eighty percent (80%) of the cost of the coverage option for employees and employees' dependents, determined by the state insurance committee to be the basic health plan for funding purposes. In addition to this basic health plan for funding purposes, the state insurance committee may offer other plan options. (2) The state insurance committee may, in its discretion, establish the financial obligations for each coverage level in the basic plan. The payments made on behalf of participating employees may vary among the different coverage levels. The state insurance committee may establish a certain threshold of life insurance in computing the payment to be made on behalf of participating employees.
(1) From the appropriations made each year in the general appropriations act, the various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating covered individual within the respective departments, agencies, boards, and commissions, eighty percent (80%) of the cost of the coverage option for employees and employees' dependents, determined by the state insurance committee to be the basic health plan for funding purposes. In addition to this basic health plan for funding purposes, the state insurance committee may offer other plan options.
(2) The state insurance committee may, in its discretion, establish the financial obligations for each coverage level in the basic plan. The payments made on behalf of participating employees may vary among the different coverage levels. The state insurance committee may establish a certain threshold of life insurance in computing the payment to be made on behalf of participating employees.
(b) From the appropriations made each year in the general appropriations act, the various departments, agencies, boards, and commissions of state government shall pay, on behalf of each participating employee within the respective departments, agencies, boards, and commissions, defined coverage amounts for all fully employer-funded benefits and all partially employer-funded voluntary benefits.
(c) The premium for voluntary benefit plans as the state insurance committee may adopt pursuant to § 8-27-202 shall be paid in full or in part by the employee.
(d) Payroll deductions from salary paid by the state and from retirement benefits paid by the Tennessee consolidated retirement system shall be available for the payment of premiums of any aforementioned plan.
Amended by 2023 Tenn. Acts, ch. 216, s 15, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 14, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 776, s 6, eff. 4/8/2022.
Amended by 2021 Tenn. Acts, ch. 303, s 6, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 426, s 2, eff. 5/18/2015.
Acts 1978, ch. 782, § 1; T.C.A., § 8-4507; Acts 1982, ch. 643, § 1; 2002, ch. 853, §§ 1 - 3; 2010 , ch. 914, § 1.
Tenn. Code Ann. § 8-36-903 — TN Code / Title 8 / Chapter 36 / Section 8-36-903
Persons eligible to participate in hybrid retirement plan - Determination of eligibility - Continuing membership in optional retirement program - Transfer to hybrid plan - Application of provisions of the Tennessee consolidated retirement system
Status: in_force

(a) Notwithstanding any other law to the contrary and except as provided in this section, any person otherwise eligible to participate in the retirement system or in the optional retirement program established in the Optional Retirement Program for Employees of Public Institutions of Higher Education, compiled in chapter 25, part 2 of this title who enters service as a state employee or teacher on or after July 1, 2014, shall participate in the hybrid plan established under this part; provided, however, that any person who enters service with a state-supported institution of higher education on or after July 1, 2014, and who is exempt from the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.), may elect membership in the optional retirement program as provided in § 8-36-923 in lieu of the hybrid plan. In all cases of doubt, the state treasurer shall determine whether the person is eligible to participate in the optional retirement program. (b) Any state employee or teacher who is a member of the retirement system or of the optional retirement program established in chapter 25, part 2 of this title on June 30, 2014, shall continue membership in the retirement system pursuant to the terms of chapters 34-37 of this title or in the optional retirement program pursuant to the terms of chapter 25, part 2 of this title, as applicable, that were in effect on June 30, 2014. Any person who reenters service as a state employee or teacher on or after July 1, 2014, having previously served as a state employee or teacher prior to July 1, 2014, and who has not otherwise lost membership in the retirement system pursuant to § 8-35-104(a)(1) or (a)(2) or in the optional retirement program shall continue membership in the retirement system pursuant to the terms of chapters 34-37 of this title or in the optional retirement program pursuant to the terms of chapter 25, part 2 of this title, as applicable, that were in effect on June 30, 2014. A person loses membership in the optional retirement program by either annuitizing that person's entire account, rolling the person's entire account balance over to another plan, or by taking a distribution of the person's entire account balance. (c) (1) Except as provided in subdivision (c)(6), membership in the hybrid plan or the optional retirement program, as applicable, shall not be required for any part-time state employee or part-time teacher who would otherwise be covered under this part, or for any state employee who has optional membership in the retirement system pursuant to chapters 34-37 of this title. (2) Notwithstanding any other law to the contrary and except as provided in subdivision (c)(6), any person who becomes a part-time state employee or a part-time teacher on or after July 1, 2016, and who otherwise would be covered under this part, shall upon initial date of hire file an irrevocable election to become or not to become a participant in the hybrid plan or in the optional retirement program described in § 8-36-923 , as applicable. Any person serving as a part-time state employee or part-time teacher on June 30, 2016, and who otherwise would be covered under this part, but who did not elect to participate in the hybrid plan or in the optional retirement program described in § 8-36-923 , shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan or in the optional retirement program described in § 8-36-923 , as applicable. This subdivision (c)(2) shall not be construed to prohibit an eligible employee from making the elections authorized in chapter 25, part 2 of this title. (3) Notwithstanding this subsection (c), § 8-35-109 , or any other law to the contrary, any person who becomes a state judge, district attorney general, or member of the general assembly on or after July 1, 2016, and who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, upon the initial date of taking office, file an irrevocable election to become or not to become a participant in the hybrid plan. A person serving as a state judge, district attorney general, or member of the general assembly on June 30, 2016, and who is not a participant in the hybrid plan or who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan. (4) Notwithstanding any other law to the contrary and except as provided in subdivision (c)(6), any member of the state election commission who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, on the first day following completion of five (5) years of service on the commission, file an irrevocable election to become or not to become a participant in the hybrid plan. Any member of the state election commission who has completed a minimum of five (5) years of service on the commission as of June 30, 2016, and who is not a participant in the hybrid plan or who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan. (5) The elections provided for in this subsection (c) shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system. The elections provided for in this subsection (c) shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions, and the employee contributions shall be picked up in accordance with § 8-36-904(b) . (6) Notwithstanding this subsection (c), any current or former member of the retirement system or of a superseded system who accepts, or is elected to, a position on or after July 1, 2018, for which membership in the hybrid plan is otherwise optional pursuant to this subsection (c) shall become a member of the hybrid plan as a condition of employment. This subdivision (c)(6) shall not apply to retired members of the retirement system or of a superseded system who return to service in a position covered by the retirement system as provided in § 8-36-805 , § 8-36-810 , § 8-36-818 , or § 8-36-821 . (d) Any teacher as defined in § 8-34-101(49)(B) who is a member of the retirement system pursuant to § 8-35-101 shall have the option to transfer from the retirement system to the hybrid plan on a prospective basis; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the retirement system to maintain its status as a qualified plan under the Internal Revenue Code. The election to transfer shall be made in the manner prescribed by the retirement system and filed with the retirement system. Any such election shall become effective on the first day of the month next following the month the election is filed with the retirement system, and shall be irrevocable. The actuarial value of accrued benefits earned prior to the effective date of the transfer shall be determined under the applicable provisions of the retirement system in effect on the date of the transfer. The teacher shall thereafter be subject to the applicable provisions of this part for all service rendered and compensation received by the teacher as a teacher with any elementary or secondary Tennessee public school system or as a future state employee. (e) All provisions of chapter 25, part 2 and of chapters 34-37 of this title that are not inconsistent with this part shall continue to apply, as applicable, to participants in the hybrid plan or the optional retirement program. Amended by 2021 Tenn. Acts, ch. 251, s 2, eff. 4/28/2021. Amended by 2019 Tenn. Acts, ch. 381, s 12, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 736, Secs.s 12, s 13, s 14, s 15, s 16 eff. 4/18/2018. Amended by 2016 Tenn. Acts, ch. 962, s 3, s 4, s 5, s 6, Sec.s 40 eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 421, s 26, eff. 5/8/2015. Amended by 2015 Tenn. Acts, ch. 118, s 8, eff. 4/10/2015. Amended by 2014 Tenn. Acts, ch. 659, s 25, eff. 7/1/2014. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) Notwithstanding any other law to the contrary and except as provided in this section, any person otherwise eligible to participate in the retirement system or in the optional retirement program established in the Optional Retirement Program for Employees of Public Institutions of Higher Education, compiled in chapter 25, part 2 of this title who enters service as a state employee or teacher on or after July 1, 2014, shall participate in the hybrid plan established under this part; provided, however, that any person who enters service with a state-supported institution of higher education on or after July 1, 2014, and who is exempt from the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.), may elect membership in the optional retirement program as provided in § 8-36-923 in lieu of the hybrid plan. In all cases of doubt, the state treasurer shall determine whether the person is eligible to participate in the optional retirement program.
(b) Any state employee or teacher who is a member of the retirement system or of the optional retirement program established in chapter 25, part 2 of this title on June 30, 2014, shall continue membership in the retirement system pursuant to the terms of chapters 34-37 of this title or in the optional retirement program pursuant to the terms of chapter 25, part 2 of this title, as applicable, that were in effect on June 30, 2014. Any person who reenters service as a state employee or teacher on or after July 1, 2014, having previously served as a state employee or teacher prior to July 1, 2014, and who has not otherwise lost membership in the retirement system pursuant to § 8-35-104(a)(1) or (a)(2) or in the optional retirement program shall continue membership in the retirement system pursuant to the terms of chapters 34-37 of this title or in the optional retirement program pursuant to the terms of chapter 25, part 2 of this title, as applicable, that were in effect on June 30, 2014. A person loses membership in the optional retirement program by either annuitizing that person's entire account, rolling the person's entire account balance over to another plan, or by taking a distribution of the person's entire account balance.
(c) (1) Except as provided in subdivision (c)(6), membership in the hybrid plan or the optional retirement program, as applicable, shall not be required for any part-time state employee or part-time teacher who would otherwise be covered under this part, or for any state employee who has optional membership in the retirement system pursuant to chapters 34-37 of this title. (2) Notwithstanding any other law to the contrary and except as provided in subdivision (c)(6), any person who becomes a part-time state employee or a part-time teacher on or after July 1, 2016, and who otherwise would be covered under this part, shall upon initial date of hire file an irrevocable election to become or not to become a participant in the hybrid plan or in the optional retirement program described in § 8-36-923 , as applicable. Any person serving as a part-time state employee or part-time teacher on June 30, 2016, and who otherwise would be covered under this part, but who did not elect to participate in the hybrid plan or in the optional retirement program described in § 8-36-923 , shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan or in the optional retirement program described in § 8-36-923 , as applicable. This subdivision (c)(2) shall not be construed to prohibit an eligible employee from making the elections authorized in chapter 25, part 2 of this title. (3) Notwithstanding this subsection (c), § 8-35-109 , or any other law to the contrary, any person who becomes a state judge, district attorney general, or member of the general assembly on or after July 1, 2016, and who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, upon the initial date of taking office, file an irrevocable election to become or not to become a participant in the hybrid plan. A person serving as a state judge, district attorney general, or member of the general assembly on June 30, 2016, and who is not a participant in the hybrid plan or who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan. (4) Notwithstanding any other law to the contrary and except as provided in subdivision (c)(6), any member of the state election commission who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, on the first day following completion of five (5) years of service on the commission, file an irrevocable election to become or not to become a participant in the hybrid plan. Any member of the state election commission who has completed a minimum of five (5) years of service on the commission as of June 30, 2016, and who is not a participant in the hybrid plan or who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan. (5) The elections provided for in this subsection (c) shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system. The elections provided for in this subsection (c) shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions, and the employee contributions shall be picked up in accordance with § 8-36-904(b) . (6) Notwithstanding this subsection (c), any current or former member of the retirement system or of a superseded system who accepts, or is elected to, a position on or after July 1, 2018, for which membership in the hybrid plan is otherwise optional pursuant to this subsection (c) shall become a member of the hybrid plan as a condition of employment. This subdivision (c)(6) shall not apply to retired members of the retirement system or of a superseded system who return to service in a position covered by the retirement system as provided in § 8-36-805 , § 8-36-810 , § 8-36-818 , or § 8-36-821 .
(1) Except as provided in subdivision (c)(6), membership in the hybrid plan or the optional retirement program, as applicable, shall not be required for any part-time state employee or part-time teacher who would otherwise be covered under this part, or for any state employee who has optional membership in the retirement system pursuant to chapters 34-37 of this title.
(2) Notwithstanding any other law to the contrary and except as provided in subdivision (c)(6), any person who becomes a part-time state employee or a part-time teacher on or after July 1, 2016, and who otherwise would be covered under this part, shall upon initial date of hire file an irrevocable election to become or not to become a participant in the hybrid plan or in the optional retirement program described in § 8-36-923 , as applicable. Any person serving as a part-time state employee or part-time teacher on June 30, 2016, and who otherwise would be covered under this part, but who did not elect to participate in the hybrid plan or in the optional retirement program described in § 8-36-923 , shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan or in the optional retirement program described in § 8-36-923 , as applicable. This subdivision (c)(2) shall not be construed to prohibit an eligible employee from making the elections authorized in chapter 25, part 2 of this title.
(3) Notwithstanding this subsection (c), § 8-35-109 , or any other law to the contrary, any person who becomes a state judge, district attorney general, or member of the general assembly on or after July 1, 2016, and who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, upon the initial date of taking office, file an irrevocable election to become or not to become a participant in the hybrid plan. A person serving as a state judge, district attorney general, or member of the general assembly on June 30, 2016, and who is not a participant in the hybrid plan or who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan.
(4) Notwithstanding any other law to the contrary and except as provided in subdivision (c)(6), any member of the state election commission who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, on the first day following completion of five (5) years of service on the commission, file an irrevocable election to become or not to become a participant in the hybrid plan. Any member of the state election commission who has completed a minimum of five (5) years of service on the commission as of June 30, 2016, and who is not a participant in the hybrid plan or who has not otherwise maintained membership in the retirement system based on previous service as a state employee or teacher, shall, by no later than October 31, 2016, file an irrevocable election to become or not to become a participant in the hybrid plan.
(5) The elections provided for in this subsection (c) shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system. The elections provided for in this subsection (c) shall not include any option for the employee to have a cash or deferred election right with respect to designated employee contributions, and the employee contributions shall be picked up in accordance with § 8-36-904(b) .
(6) Notwithstanding this subsection (c), any current or former member of the retirement system or of a superseded system who accepts, or is elected to, a position on or after July 1, 2018, for which membership in the hybrid plan is otherwise optional pursuant to this subsection (c) shall become a member of the hybrid plan as a condition of employment. This subdivision (c)(6) shall not apply to retired members of the retirement system or of a superseded system who return to service in a position covered by the retirement system as provided in § 8-36-805 , § 8-36-810 , § 8-36-818 , or § 8-36-821 .
(d) Any teacher as defined in § 8-34-101(49)(B) who is a member of the retirement system pursuant to § 8-35-101 shall have the option to transfer from the retirement system to the hybrid plan on a prospective basis; provided, that allowing such choice meets all applicable state and federal requirements, including § 414(h) of the Internal Revenue Code ( 26 U.S.C. § 414(h) ), that are necessary for the retirement system to maintain its status as a qualified plan under the Internal Revenue Code. The election to transfer shall be made in the manner prescribed by the retirement system and filed with the retirement system. Any such election shall become effective on the first day of the month next following the month the election is filed with the retirement system, and shall be irrevocable. The actuarial value of accrued benefits earned prior to the effective date of the transfer shall be determined under the applicable provisions of the retirement system in effect on the date of the transfer. The teacher shall thereafter be subject to the applicable provisions of this part for all service rendered and compensation received by the teacher as a teacher with any elementary or secondary Tennessee public school system or as a future state employee.
(e) All provisions of chapter 25, part 2 and of chapters 34-37 of this title that are not inconsistent with this part shall continue to apply, as applicable, to participants in the hybrid plan or the optional retirement program.
Amended by 2021 Tenn. Acts, ch. 251, s 2, eff. 4/28/2021.
Amended by 2019 Tenn. Acts, ch. 381, s 12, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 736, Secs.s 12, s 13, s 14, s 15, s 16 eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 962, s 3, s 4, s 5, s 6, Sec.s 40 eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 421, s 26, eff. 5/8/2015.
Amended by 2015 Tenn. Acts, ch. 118, s 8, eff. 4/10/2015.
Amended by 2014 Tenn. Acts, ch. 659, s 25, eff. 7/1/2014.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-25-206 — TN Code / Title 8 / Chapter 25 / Section 8-25-206
Rollover of taxable portion of lump sum payment to eligible retirement plan
Status: in_force

(a) Any employee or any spouse or any non-spousal beneficiary of an active, inactive, or retired employee who is eligible for a lump sum payment under this part may request the relevant optional retirement company to rollover the taxable portion of such payment directly to an eligible retirement plan. (b) For purposes of this section, "eligible retirement plan" means: (1) For employee transfers only, a qualified 403(a) annuity plan or a qualified 401(a) retirement plan; provided, that the plan accepts direct rollovers; (2) For member or spousal transfers, an individual retirement account or any other plan eligible under the Internal Revenue Code to receive such direct rollovers from a qualified plan; provided, that the plan accepts direct rollovers; or (3) For non-spousal beneficiary transfers, an individual account or annuity treated as an inherited individual retirement account under Section 402(c)(11) of the Internal Revenue Code ( 26 U.S.C. § 402(c)(11) ), or any other plan eligible under the Internal Revenue Code to receive such direct rollovers from a qualified plan; provided, that the plan accepts such direct rollovers. (c) Prior to making such a rollover, the relevant optional retirement company may require the individual requesting the rollover to establish that the receiving plan or account meets the requirements of this section and the Internal Revenue Code. (d) This section shall be administered in accordance with the direct rollover provisions of the Internal Revenue Code. Acts 2015 , ch. 118, § 1.
(a) Any employee or any spouse or any non-spousal beneficiary of an active, inactive, or retired employee who is eligible for a lump sum payment under this part may request the relevant optional retirement company to rollover the taxable portion of such payment directly to an eligible retirement plan.
(b) For purposes of this section, "eligible retirement plan" means: (1) For employee transfers only, a qualified 403(a) annuity plan or a qualified 401(a) retirement plan; provided, that the plan accepts direct rollovers; (2) For member or spousal transfers, an individual retirement account or any other plan eligible under the Internal Revenue Code to receive such direct rollovers from a qualified plan; provided, that the plan accepts direct rollovers; or (3) For non-spousal beneficiary transfers, an individual account or annuity treated as an inherited individual retirement account under Section 402(c)(11) of the Internal Revenue Code ( 26 U.S.C. § 402(c)(11) ), or any other plan eligible under the Internal Revenue Code to receive such direct rollovers from a qualified plan; provided, that the plan accepts such direct rollovers.
(1) For employee transfers only, a qualified 403(a) annuity plan or a qualified 401(a) retirement plan; provided, that the plan accepts direct rollovers;
(2) For member or spousal transfers, an individual retirement account or any other plan eligible under the Internal Revenue Code to receive such direct rollovers from a qualified plan; provided, that the plan accepts direct rollovers; or
(3) For non-spousal beneficiary transfers, an individual account or annuity treated as an inherited individual retirement account under Section 402(c)(11) of the Internal Revenue Code ( 26 U.S.C. § 402(c)(11) ), or any other plan eligible under the Internal Revenue Code to receive such direct rollovers from a qualified plan; provided, that the plan accepts such direct rollovers.
(c) Prior to making such a rollover, the relevant optional retirement company may require the individual requesting the rollover to establish that the receiving plan or account meets the requirements of this section and the Internal Revenue Code.
(d) This section shall be administered in accordance with the direct rollover provisions of the Internal Revenue Code.
Acts 2015 , ch. 118, § 1.