Tenn. Code Ann. § 8-30-309 — TN Code / Title 8 / Chapter 30 / Section 8-30-309
Temporary appointments
Status: in_force

(a) When an appointing authority desires to fill a position in the preferred service, and the commissioner cannot timely evaluate the pool of candidates for such vacancy, the commissioner may authorize the appointing authority to fill the position by temporary appointment for a period not to exceed six (6) months. A temporary appointee shall hold a position only until an appropriate pool has been established, the required evaluation is completed, and the appointment of the preferred service employee begins. No temporary appointment shall be renewed. (b) An appointing authority may, with the approval of the commissioner, temporarily fill an existing preferred service position, for a period not to exceed ninety (90) days, by utilizing a temporary staffing service having a contract with the state to provide short-term temporaries. This subsection (b) applies only to the utilization of vendor-supplied temporaries. (c) If the position to be filled is not officially vacant, the appointing authority must obtain the commissioner's approval to overlap the position with another prior to making an appointment. Amended by 2022 Tenn. Acts, ch. 655, s 12, eff. 7/1/2022. Acts 2012 , ch. 800, § 30.
(a) When an appointing authority desires to fill a position in the preferred service, and the commissioner cannot timely evaluate the pool of candidates for such vacancy, the commissioner may authorize the appointing authority to fill the position by temporary appointment for a period not to exceed six (6) months. A temporary appointee shall hold a position only until an appropriate pool has been established, the required evaluation is completed, and the appointment of the preferred service employee begins. No temporary appointment shall be renewed.
(b) An appointing authority may, with the approval of the commissioner, temporarily fill an existing preferred service position, for a period not to exceed ninety (90) days, by utilizing a temporary staffing service having a contract with the state to provide short-term temporaries. This subsection (b) applies only to the utilization of vendor-supplied temporaries.
(c) If the position to be filled is not officially vacant, the appointing authority must obtain the commissioner's approval to overlap the position with another prior to making an appointment.
Amended by 2022 Tenn. Acts, ch. 655, s 12, eff. 7/1/2022.
Acts 2012 , ch. 800, § 30.
Tenn. Code Ann. § 8-7-302 — TN Code / Title 8 / Chapter 7 / Section 8-7-302
Meetings of conference - Matters to be considered - Purpose
Status: in_force

The conference shall meet annually and at other times as herein provided for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of the several members, to the end that there shall be a more prompt and efficient administration of justice in the courts of this state. Acts 1961, ch. 301, § 2; T.C.A., § 8-714.
The conference shall meet annually and at other times as herein provided for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of the several members, to the end that there shall be a more prompt and efficient administration of justice in the courts of this state.
Acts 1961, ch. 301, § 2; T.C.A., § 8-714.
Tenn. Code Ann. § 8-37-101 — TN Code / Title 8 / Chapter 37 / Section 8-37-101
Assets of system held in two funds
Status: in_force

All of the assets of the retirement system shall be credited, according to the purpose for which they are held, between two (2) funds, namely, the members' fund and the state accumulation fund. Acts 1972, ch. 814, § 8; T.C.A., § 8-3930.
All of the assets of the retirement system shall be credited, according to the purpose for which they are held, between two (2) funds, namely, the members' fund and the state accumulation fund.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930.
Tenn. Code Ann. § 8-37-209 — TN Code / Title 8 / Chapter 37 / Section 8-37-209
Effect of payroll deductions on minimum compensation
Status: in_force

The deductions provided for herein shall be made, notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
The deductions provided for herein shall be made, notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
Tenn. Code Ann. § 8-8-208 — TN Code / Title 8 / Chapter 8 / Section 8-8-208
Service at residence of defendant
Status: in_force

No sheriff shall return upon any writ that the person upon whom it is to be served is not to be found in the county, unless such sheriff has actually been at the place of abode of such person. Code 1858, § 365 (deriv. Acts 1777 (Nov.), ch. 8, § 5); Shan., § 455; Code 1932, § 702; T.C.A. (orig. ed.), § 8-817.
No sheriff shall return upon any writ that the person upon whom it is to be served is not to be found in the county, unless such sheriff has actually been at the place of abode of such person.
Code 1858, § 365 (deriv. Acts 1777 (Nov.), ch. 8, § 5); Shan., § 455; Code 1932, § 702; T.C.A. (orig. ed.), § 8-817.
Tenn. Code Ann. § 8-35-101 — TN Code / Title 8 / Chapter 35 / Section 8-35-101
Eligibility
Status: in_force

(a) (1) Any person who becomes a teacher, a general employee, a state police officer, a wildlife officer, a firefighter or a police officer on or after July 1, 1972, shall become a member of the retirement system as a condition of employment. (2) Notwithstanding this section or any other law to the contrary, no state department, commission, institution, board, agency, instrumentality or entity of or affiliated with state government shall be authorized to cover its otherwise eligible employees in the retirement system unless the general assembly approves the annual operating budget for the entity, or unless the entity has specific Tennessee state statutory authority to cover its otherwise eligible employees in the retirement system and the entity obtains written advice from nationally recognized counsel employed by the retirement system in the area of government employee benefit plans that the entity is eligible to participate in a governmental plan as defined by Internal Revenue Code § 414(d) ( 26 U.S.C. § 414(d) ), as amended. The foregoing also applies to any person seeking admission to the retirement system whose compensation is paid, in whole or in part, from funds not appropriated by the general assembly. Notwithstanding this section or any other law to the contrary, the funds necessary to fund any prior service of such persons must be appropriated by the general assembly or paid by another governmental entity. (b) Any person who on June 30, 1972, is a member of a superseded system shall become a member of the retirement system as of July 1, 1972. (c) Any person who on June 30, 1972, is not a member of a superseded system and who is employed as a general employee, a state police officer, a wildlife officer, a state judge, a county judge, an attorney general, a commissioner, a person in the employ of a political subdivision of the state participating in the retirement system pursuant to part 2 of this chapter or a teacher other than a teacher eligible for membership in a local retirement system, may elect to become a member of the retirement system as of July 1, 1972; provided, that within ninety (90) days following July 1, 1972, such person files with the board of trustees on a form prescribed by the board a notice of such person's election to become a member. Any employee may elect to become a member; provided, that such person files with the board of trustees a notice of election to become a member. Amended by 2014 Tenn. Acts, ch. 659, s 7, eff. 4/10/2014. Acts 1972, ch. 814, § 3; 1973, ch. 347, §§ 4, 5; 1974, ch. 630, § 2; T.C.A., § 8-3903(1), (2); Acts 1985, ch. 449, § 10; 1999, ch. 205, § 17.
(a) (1) Any person who becomes a teacher, a general employee, a state police officer, a wildlife officer, a firefighter or a police officer on or after July 1, 1972, shall become a member of the retirement system as a condition of employment. (2) Notwithstanding this section or any other law to the contrary, no state department, commission, institution, board, agency, instrumentality or entity of or affiliated with state government shall be authorized to cover its otherwise eligible employees in the retirement system unless the general assembly approves the annual operating budget for the entity, or unless the entity has specific Tennessee state statutory authority to cover its otherwise eligible employees in the retirement system and the entity obtains written advice from nationally recognized counsel employed by the retirement system in the area of government employee benefit plans that the entity is eligible to participate in a governmental plan as defined by Internal Revenue Code § 414(d) ( 26 U.S.C. § 414(d) ), as amended. The foregoing also applies to any person seeking admission to the retirement system whose compensation is paid, in whole or in part, from funds not appropriated by the general assembly. Notwithstanding this section or any other law to the contrary, the funds necessary to fund any prior service of such persons must be appropriated by the general assembly or paid by another governmental entity.
(1) Any person who becomes a teacher, a general employee, a state police officer, a wildlife officer, a firefighter or a police officer on or after July 1, 1972, shall become a member of the retirement system as a condition of employment.
(2) Notwithstanding this section or any other law to the contrary, no state department, commission, institution, board, agency, instrumentality or entity of or affiliated with state government shall be authorized to cover its otherwise eligible employees in the retirement system unless the general assembly approves the annual operating budget for the entity, or unless the entity has specific Tennessee state statutory authority to cover its otherwise eligible employees in the retirement system and the entity obtains written advice from nationally recognized counsel employed by the retirement system in the area of government employee benefit plans that the entity is eligible to participate in a governmental plan as defined by Internal Revenue Code § 414(d) ( 26 U.S.C. § 414(d) ), as amended. The foregoing also applies to any person seeking admission to the retirement system whose compensation is paid, in whole or in part, from funds not appropriated by the general assembly. Notwithstanding this section or any other law to the contrary, the funds necessary to fund any prior service of such persons must be appropriated by the general assembly or paid by another governmental entity.
(b) Any person who on June 30, 1972, is a member of a superseded system shall become a member of the retirement system as of July 1, 1972.
(c) Any person who on June 30, 1972, is not a member of a superseded system and who is employed as a general employee, a state police officer, a wildlife officer, a state judge, a county judge, an attorney general, a commissioner, a person in the employ of a political subdivision of the state participating in the retirement system pursuant to part 2 of this chapter or a teacher other than a teacher eligible for membership in a local retirement system, may elect to become a member of the retirement system as of July 1, 1972; provided, that within ninety (90) days following July 1, 1972, such person files with the board of trustees on a form prescribed by the board a notice of such person's election to become a member. Any employee may elect to become a member; provided, that such person files with the board of trustees a notice of election to become a member.
Amended by 2014 Tenn. Acts, ch. 659, s 7, eff. 4/10/2014.
Acts 1972, ch. 814, § 3; 1973, ch. 347, §§ 4, 5; 1974, ch. 630, § 2; T.C.A., § 8-3903(1), (2); Acts 1985, ch. 449, § 10; 1999, ch. 205, § 17.
Tenn. Code Ann. § 8-8-210 — TN Code / Title 8 / Chapter 8 / Section 8-8-210
Bill of fees
Status: in_force

On levying an execution for money, the sheriff, if required, shall make out a bill of the sheriff's own and all other fees endorsed thereon, giving the items separately and distinctly, and give a receipt therefor to the party paying them, under a penalty of one hundred twenty-five dollars ($125) to any person who will sue for such amount. Code 1858, § 367 (deriv. Acts 1777 (Nov.), ch. 8, § 7); Shan., § 457; mod. Code 1932, § 704; T.C.A. (orig. ed.), § 8-819.
On levying an execution for money, the sheriff, if required, shall make out a bill of the sheriff's own and all other fees endorsed thereon, giving the items separately and distinctly, and give a receipt therefor to the party paying them, under a penalty of one hundred twenty-five dollars ($125) to any person who will sue for such amount.
Code 1858, § 367 (deriv. Acts 1777 (Nov.), ch. 8, § 7); Shan., § 457; mod. Code 1932, § 704; T.C.A. (orig. ed.), § 8-819.
Tenn. Code Ann. § 8-1-109 — TN Code / Title 8 / Chapter 1 / Section 8-1-109
Governor to sign certain documents - Power of attorney for purpose of affixing governor's signature
Status: in_force

(a) The governor shall personally affix the governor's signature to bills, joint resolutions, executive orders or veto messages, and to reprieves, pardons and commutations. (b) (1) In the event the governor is physically incapacitated due to health or is out of the state on official business and is unable to sign those items enumerated in subsection (a), the governor may authorize a power of attorney to an individual for a specified period of time for the purpose of affixing the governor's signature to such items. (2) If the governor is physically incapacitated due to health and unable to sign such items, the power of attorney shall be accompanied by a physician's affidavit that the governor is physically incapacitated due to health and is unable to personally sign such items. (3) The power of attorney shall only be for the affixing of the governor's signature and not for the decision of approval or nonapproval of such items. It is the express intent of this section that the governor may delegate only the affixing of the governor's signature and not the decision of approval or nonapproval of such items. Acts 1979, ch. 124, § 1; T.C.A., § 8-1-110 .
(a) The governor shall personally affix the governor's signature to bills, joint resolutions, executive orders or veto messages, and to reprieves, pardons and commutations.
(b) (1) In the event the governor is physically incapacitated due to health or is out of the state on official business and is unable to sign those items enumerated in subsection (a), the governor may authorize a power of attorney to an individual for a specified period of time for the purpose of affixing the governor's signature to such items. (2) If the governor is physically incapacitated due to health and unable to sign such items, the power of attorney shall be accompanied by a physician's affidavit that the governor is physically incapacitated due to health and is unable to personally sign such items. (3) The power of attorney shall only be for the affixing of the governor's signature and not for the decision of approval or nonapproval of such items. It is the express intent of this section that the governor may delegate only the affixing of the governor's signature and not the decision of approval or nonapproval of such items.
(1) In the event the governor is physically incapacitated due to health or is out of the state on official business and is unable to sign those items enumerated in subsection (a), the governor may authorize a power of attorney to an individual for a specified period of time for the purpose of affixing the governor's signature to such items.
(2) If the governor is physically incapacitated due to health and unable to sign such items, the power of attorney shall be accompanied by a physician's affidavit that the governor is physically incapacitated due to health and is unable to personally sign such items.
(3) The power of attorney shall only be for the affixing of the governor's signature and not for the decision of approval or nonapproval of such items. It is the express intent of this section that the governor may delegate only the affixing of the governor's signature and not the decision of approval or nonapproval of such items.
Acts 1979, ch. 124, § 1; T.C.A., § 8-1-110 .
Tenn. Code Ann. § 8-35-107 — TN Code / Title 8 / Chapter 35 / Section 8-35-107
Temporary employment period
Status: in_force

(a) Any state agency, department, board, commission, institution, or political subdivision, covered on July 1, 1972, by chapters 34-37 of this title, or who may thereafter elect to bring its employees into the retirement system as general employees, shall have the option of establishing a period of temporary employment not to exceed six (6) months. (b) (1) At the request of a political subdivision employer and upon approval by the board of trustees, the six-month temporary employment period may be extended for specific groups of employees. These employees are ones employed for specific construction projects expected to be completed within four (4) years. Such projects must be outside the usual duties and/or customary responsibilities of the employer. (2) Requests from political subdivisions for board approval for an extended temporary employment period shall contain all information considered necessary by the board including, but not limited to, the nature of the construction project, expected duration and the number of employees to be temporarily employed. (3) No service credit may be established for extended temporary employment as provided by this subsection (b). (c) Notwithstanding any provision of this section or any other law to the contrary, any employer participating in the retirement system on July 1, 1995, who has not established a temporary employment period on such date, and any employer who thereafter becomes a participating employer, shall be prohibited from establishing a temporary employment period pursuant to this section. (d) In the event an employee completes a period of temporary employment with an employer pursuant to this section and subsequently terminates employment for any reason, such employer shall not require the employee to complete an additional period of temporary employment in the event the employee is ever rehired by the same employer. Amended by 2019 Tenn. Acts, ch. 381,s 8, eff. 5/10/2019. Acts 1972, ch. 814, § 3; 1973, ch. 347, § 4; T.C.A., § 8-3903(1); Acts 1986, ch. 553, § 1; 1995, ch. 164, § 3.
(a) Any state agency, department, board, commission, institution, or political subdivision, covered on July 1, 1972, by chapters 34-37 of this title, or who may thereafter elect to bring its employees into the retirement system as general employees, shall have the option of establishing a period of temporary employment not to exceed six (6) months.
(b) (1) At the request of a political subdivision employer and upon approval by the board of trustees, the six-month temporary employment period may be extended for specific groups of employees. These employees are ones employed for specific construction projects expected to be completed within four (4) years. Such projects must be outside the usual duties and/or customary responsibilities of the employer. (2) Requests from political subdivisions for board approval for an extended temporary employment period shall contain all information considered necessary by the board including, but not limited to, the nature of the construction project, expected duration and the number of employees to be temporarily employed. (3) No service credit may be established for extended temporary employment as provided by this subsection (b).
(1) At the request of a political subdivision employer and upon approval by the board of trustees, the six-month temporary employment period may be extended for specific groups of employees. These employees are ones employed for specific construction projects expected to be completed within four (4) years. Such projects must be outside the usual duties and/or customary responsibilities of the employer.
(2) Requests from political subdivisions for board approval for an extended temporary employment period shall contain all information considered necessary by the board including, but not limited to, the nature of the construction project, expected duration and the number of employees to be temporarily employed.
(3) No service credit may be established for extended temporary employment as provided by this subsection (b).
(c) Notwithstanding any provision of this section or any other law to the contrary, any employer participating in the retirement system on July 1, 1995, who has not established a temporary employment period on such date, and any employer who thereafter becomes a participating employer, shall be prohibited from establishing a temporary employment period pursuant to this section.
(d) In the event an employee completes a period of temporary employment with an employer pursuant to this section and subsequently terminates employment for any reason, such employer shall not require the employee to complete an additional period of temporary employment in the event the employee is ever rehired by the same employer.
Amended by 2019 Tenn. Acts, ch. 381,s 8, eff. 5/10/2019.
Acts 1972, ch. 814, § 3; 1973, ch. 347, § 4; T.C.A., § 8-3903(1); Acts 1986, ch. 553, § 1; 1995, ch. 164, § 3.
Tenn. Code Ann. § 8-36-705 — TN Code / Title 8 / Chapter 36 / Section 8-36-705
Recomputation of benefits of certain beneficiaries who have elected an optional form of benefit
Status: in_force

(a) (1) In the case of a retired member of the superseded Tennessee teachers' retirement system, the superseded Tennessee state retirement system, or the Tennessee consolidated retirement system who elected an optional form of benefit, the recomputation of the member's retirement allowance determined under §§ 8-36-702 - 8-36-705, [former] 8-36-706 [repealed] shall be adjusted on the basis of the appropriate option in effect on June 30, 1972, or thereafter, but the actuarial equivalent factors in effect on July 1, 1972, or thereafter, shall be used to determine the increase in retirement allowance. (2) In the case of a retired teacher who elected Option I under the superseded Tennessee teachers' retirement system, the teacher's benefits shall be recomputed under the maximum plan as provided under the retirement system. (3) In the case of a beneficiary of a deceased member of a superseded system, or the retirement system, in receipt of a monthly retirement allowance as the person designated under an election of an optional form of benefit, the increase in the retirement allowance to such beneficiary shall be determined as if the member had been living on the date of recomputation. (b) The maximum plan, Option II and Option III of the superseded Tennessee teachers' retirement system shall equate to the maximum plan, Option I and Option II of the retirement system respectively and the maximum plan, Option I and Option II of the superseded Tennessee state retirement system shall equate to the maximum plan, Option I and Option II of the retirement system respectively. (c) (1) A retired member of the superseded Tennessee teachers' retirement system who designated a beneficiary under Option II or Option III of that system and a retired member of the superseded Tennessee state retirement system who designated a beneficiary under Option I or Option II of that system, may elect to have that member's retirement allowance recomputed ab initio under the equivalent Option III or Option IV of the Tennessee consolidated retirement system by making written application and payment of any amount due to the Tennessee consolidated retirement system on or before April 30, 1976. (2) Any increase in monthly retirement allowance shall not be paid retroactively, but shall become effective the next following month. Acts 1974, ch. 796, § 1; 1976, ch. 661, § 1; T.C.A., § 8-3943.
(a) (1) In the case of a retired member of the superseded Tennessee teachers' retirement system, the superseded Tennessee state retirement system, or the Tennessee consolidated retirement system who elected an optional form of benefit, the recomputation of the member's retirement allowance determined under §§ 8-36-702 - 8-36-705, [former] 8-36-706 [repealed] shall be adjusted on the basis of the appropriate option in effect on June 30, 1972, or thereafter, but the actuarial equivalent factors in effect on July 1, 1972, or thereafter, shall be used to determine the increase in retirement allowance. (2) In the case of a retired teacher who elected Option I under the superseded Tennessee teachers' retirement system, the teacher's benefits shall be recomputed under the maximum plan as provided under the retirement system. (3) In the case of a beneficiary of a deceased member of a superseded system, or the retirement system, in receipt of a monthly retirement allowance as the person designated under an election of an optional form of benefit, the increase in the retirement allowance to such beneficiary shall be determined as if the member had been living on the date of recomputation.
(1) In the case of a retired member of the superseded Tennessee teachers' retirement system, the superseded Tennessee state retirement system, or the Tennessee consolidated retirement system who elected an optional form of benefit, the recomputation of the member's retirement allowance determined under §§ 8-36-702 - 8-36-705, [former] 8-36-706 [repealed] shall be adjusted on the basis of the appropriate option in effect on June 30, 1972, or thereafter, but the actuarial equivalent factors in effect on July 1, 1972, or thereafter, shall be used to determine the increase in retirement allowance.
(2) In the case of a retired teacher who elected Option I under the superseded Tennessee teachers' retirement system, the teacher's benefits shall be recomputed under the maximum plan as provided under the retirement system.
(3) In the case of a beneficiary of a deceased member of a superseded system, or the retirement system, in receipt of a monthly retirement allowance as the person designated under an election of an optional form of benefit, the increase in the retirement allowance to such beneficiary shall be determined as if the member had been living on the date of recomputation.
(b) The maximum plan, Option II and Option III of the superseded Tennessee teachers' retirement system shall equate to the maximum plan, Option I and Option II of the retirement system respectively and the maximum plan, Option I and Option II of the superseded Tennessee state retirement system shall equate to the maximum plan, Option I and Option II of the retirement system respectively.
(c) (1) A retired member of the superseded Tennessee teachers' retirement system who designated a beneficiary under Option II or Option III of that system and a retired member of the superseded Tennessee state retirement system who designated a beneficiary under Option I or Option II of that system, may elect to have that member's retirement allowance recomputed ab initio under the equivalent Option III or Option IV of the Tennessee consolidated retirement system by making written application and payment of any amount due to the Tennessee consolidated retirement system on or before April 30, 1976. (2) Any increase in monthly retirement allowance shall not be paid retroactively, but shall become effective the next following month.
(1) A retired member of the superseded Tennessee teachers' retirement system who designated a beneficiary under Option II or Option III of that system and a retired member of the superseded Tennessee state retirement system who designated a beneficiary under Option I or Option II of that system, may elect to have that member's retirement allowance recomputed ab initio under the equivalent Option III or Option IV of the Tennessee consolidated retirement system by making written application and payment of any amount due to the Tennessee consolidated retirement system on or before April 30, 1976.
(2) Any increase in monthly retirement allowance shall not be paid retroactively, but shall become effective the next following month.
Acts 1974, ch. 796, § 1; 1976, ch. 661, § 1; T.C.A., § 8-3943.
Tenn. Code Ann. § 8-20-110 — TN Code / Title 8 / Chapter 20 / Section 8-20-110
Refunds to allow for salaries of deputies
Status: in_force

The various county legislative bodies are empowered to refund payments made to the county by the county and probate court clerks, chancery court clerks, circuit court clerks, and clerks of criminal and special courts, county trustees, registers of deeds, and sheriffs, in cases where such officers have failed to obtain credit for payments made by them to assistants and deputies out of the fees of their offices collected by them, and have been compelled to account therefor to the county, by reason of having neglected to apply to and obtain, from the courts authorized by law, orders authorizing the employment of such deputies and assistants; provided, that: (1) It shall be made to appear that the officers could not properly and efficiently conduct the affairs and transact the business of their offices by devoting their entire working time thereto and it was actually necessary to the proper conduct of same to employ such assistants and deputies, and that only such assistants and deputies were employed, and at such salaries and under such facts, as would have been sufficient to justify the courts to whom such applications should have been made to have made orders for the employment of such assistants and deputies at the salaries paid them; (2) The failure to file petitions with the courts and obtain the orders necessary for the employment of such assistants and deputies was on account of misapprehension and misunderstanding of the requirements of the law and such failure was in good faith; and (3) Nothing shall be refunded to such officers on account of the employment of assistants and deputies except and only such as the officers would have been entitled to under the law had the petitions been filed and the orders obtained as required by the statute. Acts 1931, ch. 52, § 1; C. Supp. 1950, § 10748.1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-2010.
The various county legislative bodies are empowered to refund payments made to the county by the county and probate court clerks, chancery court clerks, circuit court clerks, and clerks of criminal and special courts, county trustees, registers of deeds, and sheriffs, in cases where such officers have failed to obtain credit for payments made by them to assistants and deputies out of the fees of their offices collected by them, and have been compelled to account therefor to the county, by reason of having neglected to apply to and obtain, from the courts authorized by law, orders authorizing the employment of such deputies and assistants; provided, that:
(1) It shall be made to appear that the officers could not properly and efficiently conduct the affairs and transact the business of their offices by devoting their entire working time thereto and it was actually necessary to the proper conduct of same to employ such assistants and deputies, and that only such assistants and deputies were employed, and at such salaries and under such facts, as would have been sufficient to justify the courts to whom such applications should have been made to have made orders for the employment of such assistants and deputies at the salaries paid them;
(2) The failure to file petitions with the courts and obtain the orders necessary for the employment of such assistants and deputies was on account of misapprehension and misunderstanding of the requirements of the law and such failure was in good faith; and
(3) Nothing shall be refunded to such officers on account of the employment of assistants and deputies except and only such as the officers would have been entitled to under the law had the petitions been filed and the orders obtained as required by the statute.
Acts 1931, ch. 52, § 1; C. Supp. 1950, § 10748.1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-2010.
Tenn. Code Ann. § 8-24-106 — TN Code / Title 8 / Chapter 24 / Section 8-24-106
Records of fees where supplemental salary required
Status: in_force

(a) Each official whose salary is required to be supplemented from the county general fund shall keep a book account of all fees collected and make an annual report of the collections to the county mayor. No funds shall be paid from the general funds of the county to supplement salaries until such report has been filed with the county mayor. (b) These reports and records shall be entered in a well-bound book by the county clerk and kept on file in that office. (c) This report shall be used as a basis to compute any supplementary compensation required or authorized to be paid in order to aggregate, with the fees collected, the required annual compensation or the authorized compensation in case of the office of sheriffs in the counties where penal farms have been established as provided in [former] § 8-24-105 [repealed]. Acts 1935, ch. 118, § 2; 1943, ch. 116, § 1; 1945, ch. 64, § 1; 1947, ch. 124, § 1; 1949, ch. 203, § 2; mod. C. Supp. 1950, § 10727 (Williams, § 10743); impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 8-2408; Acts 1990, ch. 1035, §§9, 10; 2003 , ch. 90, § 2.
(a) Each official whose salary is required to be supplemented from the county general fund shall keep a book account of all fees collected and make an annual report of the collections to the county mayor. No funds shall be paid from the general funds of the county to supplement salaries until such report has been filed with the county mayor.
(b) These reports and records shall be entered in a well-bound book by the county clerk and kept on file in that office.
(c) This report shall be used as a basis to compute any supplementary compensation required or authorized to be paid in order to aggregate, with the fees collected, the required annual compensation or the authorized compensation in case of the office of sheriffs in the counties where penal farms have been established as provided in [former] § 8-24-105 [repealed].
Acts 1935, ch. 118, § 2; 1943, ch. 116, § 1; 1945, ch. 64, § 1; 1947, ch. 124, § 1; 1949, ch. 203, § 2; mod. C. Supp. 1950, § 10727 (Williams, § 10743); impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 8-2408; Acts 1990, ch. 1035, §§9, 10; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 8-50-1001 — TN Code / Title 8 / Chapter 50 / Section 8-50-1001
Access to state employees - Literature
Status: in_force

(a) Any member or authorized agent of an employee association meeting the requirements of § 8-23-204(a)(2) shall have access during, before and after regular working hours to state employees in nonwork areas and in areas open to the public in all state offices, facilities and grounds; provided, that there is no interruption in the routine operation of the workplace. (b) All state offices and facilities shall be provided a bulletin board to which employees have access. The posting of literature on bulletin boards in state facilities and the distribution of literature in nonwork areas of state facilities, offices and grounds is permitted by members and authorized agents of any employee association meeting the requirements of subsection (a). Acts 1989, ch. 43, § 1; 1991, ch. 132, § 1.
(a) Any member or authorized agent of an employee association meeting the requirements of § 8-23-204(a)(2) shall have access during, before and after regular working hours to state employees in nonwork areas and in areas open to the public in all state offices, facilities and grounds; provided, that there is no interruption in the routine operation of the workplace.
(b) All state offices and facilities shall be provided a bulletin board to which employees have access. The posting of literature on bulletin boards in state facilities and the distribution of literature in nonwork areas of state facilities, offices and grounds is permitted by members and authorized agents of any employee association meeting the requirements of subsection (a).
Acts 1989, ch. 43, § 1; 1991, ch. 132, § 1.
Tenn. Code Ann. § 8-48-111 — TN Code / Title 8 / Chapter 48 / Section 8-48-111
Emergency interim successors to local offices not included in Section 8-48-110
Status: in_force

This section shall be applicable to officers of political subdivisions, including, but not limited to, cities, towns, villages, townships and counties, as well as school, fire, power and drainage districts, not included in § 8-48-110 . Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this section to ensure their current status. The officer will designate a sufficient number of persons so that there will be not less than three (3), nor more than seven (7), deputies or emergency interim successors or any combination thereof, at any time. In the event that any officer of any political subdivision, or the officer's deputy provided for pursuant to law, is unavailable, the powers of the office shall be exercised and duties shall be discharged by the officer's designated emergency interim successors in the order specified. The emergency interim successors shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the constitution or statutes, or until the officer, or the officer's deputy or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of office. Acts 1961, ch. 318, § 2; T.C.A., § 8-2820.
This section shall be applicable to officers of political subdivisions, including, but not limited to, cities, towns, villages, townships and counties, as well as school, fire, power and drainage districts, not included in § 8-48-110 . Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this section to ensure their current status. The officer will designate a sufficient number of persons so that there will be not less than three (3), nor more than seven (7), deputies or emergency interim successors or any combination thereof, at any time. In the event that any officer of any political subdivision, or the officer's deputy provided for pursuant to law, is unavailable, the powers of the office shall be exercised and duties shall be discharged by the officer's designated emergency interim successors in the order specified. The emergency interim successors shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the constitution or statutes, or until the officer, or the officer's deputy or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of office.
Acts 1961, ch. 318, § 2; T.C.A., § 8-2820.
Tenn. Code Ann. § 8-47-114 — TN Code / Title 8 / Chapter 47 / Section 8-47-114
Summons - Time to answer
Status: in_force

Upon the filing of the complaint or petition for the writ of ouster, a summons shall issue for the defendant, and there shall accompany the summons and be served upon the defendant a copy of the complaint or petition filed against the defendant, and the defendant shall have the right to answer within twenty (20) days from such service. Acts 1915, ch. 11, § 6; Shan., § 1135a10; Acts 1919, ch. 161, § 1; Code 1932, § 1886; T.C.A. (orig. ed.), § 8-2714.
Upon the filing of the complaint or petition for the writ of ouster, a summons shall issue for the defendant, and there shall accompany the summons and be served upon the defendant a copy of the complaint or petition filed against the defendant, and the defendant shall have the right to answer within twenty (20) days from such service.
Acts 1915, ch. 11, § 6; Shan., § 1135a10; Acts 1919, ch. 161, § 1; Code 1932, § 1886; T.C.A. (orig. ed.), § 8-2714.
Tenn. Code Ann. § 8-8-218 — TN Code / Title 8 / Chapter 8 / Section 8-8-218
Retention of service weapon upon retirement or disability - Approval by legislative body of county
Status: in_force

(a) Upon completion of honorable service by a full-time sheriff or deputy sheriff, the sheriff or deputy sheriff, upon retirement, may retain the sheriff's or deputy sheriff's service weapon in recognition of many years of good and faithful service. A sheriff or deputy sheriff who retires on disability retirement may also retain the service weapon. (b) Subsection (a) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. Added by 2016 Tenn. Acts, ch. 652, s 1, eff. 7/1/2016.
(a) Upon completion of honorable service by a full-time sheriff or deputy sheriff, the sheriff or deputy sheriff, upon retirement, may retain the sheriff's or deputy sheriff's service weapon in recognition of many years of good and faithful service. A sheriff or deputy sheriff who retires on disability retirement may also retain the service weapon.
(b) Subsection (a) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply.
Added by 2016 Tenn. Acts, ch. 652, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 8-8-501 — TN Code / Title 8 / Chapter 8 / Section 8-8-501
Disposition of unclaimed property
Status: in_force

The sheriff is hereby authorized to dispose of all abandoned, stolen, and/or recovered or worthless property, other than as provided in § 8-8-504 , which remains unclaimed in the sheriff's custody and possession by virtue of confiscation, abandonment or having been stolen and recovered. Such disposition shall not be made until a period of ninety (90) days has elapsed from date of acquisition of such property by the sheriff. Acts 1961, ch. 259, § 1; T.C.A., § 8-828; Acts 2012 , ch. 816, § 1.
The sheriff is hereby authorized to dispose of all abandoned, stolen, and/or recovered or worthless property, other than as provided in § 8-8-504 , which remains unclaimed in the sheriff's custody and possession by virtue of confiscation, abandonment or having been stolen and recovered. Such disposition shall not be made until a period of ninety (90) days has elapsed from date of acquisition of such property by the sheriff.
Acts 1961, ch. 259, § 1; T.C.A., § 8-828; Acts 2012 , ch. 816, § 1.
Tenn. Code Ann. § 8-19-502 — TN Code / Title 8 / Chapter 19 / Section 8-19-502
Demands on bonding companies - Prior approval of comptroller required
Status: in_force

No agency of the state nor any officer or employee of the state shall make demand on any bonding company guaranteeing the faithful performance of duty of any individual, or guaranteeing the safeguarding of state moneys or property, without the prior approval of the comptroller of the treasury. Acts 1963, ch. 88, § 2; T.C.A., § 8-1955.
No agency of the state nor any officer or employee of the state shall make demand on any bonding company guaranteeing the faithful performance of duty of any individual, or guaranteeing the safeguarding of state moneys or property, without the prior approval of the comptroller of the treasury.
Acts 1963, ch. 88, § 2; T.C.A., § 8-1955.
Tenn. Code Ann. § 8-27-211 — TN Code / Title 8 / Chapter 27 / Section 8-27-211
Healthcare incentive program for state employees and retirees
Status: in_force

(a) As used in this section: (1) "Governmental entity" includes a county or municipal government; (2) "Public hospital" means a hospital located in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, and that is owned by a metropolitan hospital authority created under the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57; and (3) "State employee" includes a university employee and an employee under the state board of regents. (b) Public hospitals have the authority, upon approval of the hospital's governing body, to establish a state employee and retiree healthcare incentive program that will allow for the waiver of applicable out-of-pocket expenses associated with medical, surgical, or mental health care at the public hospital, including deductibles, except those deductibles associated with a high deductible plan, copays, and co-insurance, for state employees and retirees and their covered dependents participating in the state group insurance plan under this part. Added by 2024 Tenn. Acts, ch. 1036,s 1, eff. 7/1/2024.
(a) As used in this section: (1) "Governmental entity" includes a county or municipal government; (2) "Public hospital" means a hospital located in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, and that is owned by a metropolitan hospital authority created under the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57; and (3) "State employee" includes a university employee and an employee under the state board of regents.
(1) "Governmental entity" includes a county or municipal government;
(2) "Public hospital" means a hospital located in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, and that is owned by a metropolitan hospital authority created under the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57; and
(3) "State employee" includes a university employee and an employee under the state board of regents.
(b) Public hospitals have the authority, upon approval of the hospital's governing body, to establish a state employee and retiree healthcare incentive program that will allow for the waiver of applicable out-of-pocket expenses associated with medical, surgical, or mental health care at the public hospital, including deductibles, except those deductibles associated with a high deductible plan, copays, and co-insurance, for state employees and retirees and their covered dependents participating in the state group insurance plan under this part.
Added by 2024 Tenn. Acts, ch. 1036,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 8-18-105 — TN Code / Title 8 / Chapter 18 / Section 8-18-105
Terms of appointive officers
Status: in_force

In reckoning the time of the terms of appointees to all offices, the terms of which are limited to two (2) years and are filled exclusively by executive appointment, reference shall be had to the beginning of the term of the executive making the appointment. Regardless of the time of making such appointment, it shall not be held to extend beyond the expiration of the term of the executive making the same, but the term of such appointee shall expire with the term of the executive making the appointment. This section shall not be construed to prevent such appointee from holding such office until a successor is appointed and qualified. This section does not apply to executive appointments to fill vacancies in unexpired terms of elective offices, nor does it apply to offices purely appointive where the term of such office is more than two (2) years. Acts 1919, ch. 47, § 1; Shan. Supp., § 296a1; Code 1932, § 187; T.C.A. (orig. ed.), § 8-1805.
In reckoning the time of the terms of appointees to all offices, the terms of which are limited to two (2) years and are filled exclusively by executive appointment, reference shall be had to the beginning of the term of the executive making the appointment. Regardless of the time of making such appointment, it shall not be held to extend beyond the expiration of the term of the executive making the same, but the term of such appointee shall expire with the term of the executive making the appointment. This section shall not be construed to prevent such appointee from holding such office until a successor is appointed and qualified. This section does not apply to executive appointments to fill vacancies in unexpired terms of elective offices, nor does it apply to offices purely appointive where the term of such office is more than two (2) years.
Acts 1919, ch. 47, § 1; Shan. Supp., § 296a1; Code 1932, § 187; T.C.A. (orig. ed.), § 8-1805.
Tenn. Code Ann. § 8-21-404 — TN Code / Title 8 / Chapter 21 / Section 8-21-404
Allowances where no fee fixed
Status: in_force

The court may make allowances to the clerk or other person acting as trustee, receiver, or commissioner under the appointment of the court, or to the clerk in the clerk's official capacity. Code 1858, § 4553; Shan., § 6391; Code 1932, § 10695; Acts 1955, ch. 75, § 1; T.C.A. (orig. ed.), § 8-2118.
The court may make allowances to the clerk or other person acting as trustee, receiver, or commissioner under the appointment of the court, or to the clerk in the clerk's official capacity.
Code 1858, § 4553; Shan., § 6391; Code 1932, § 10695; Acts 1955, ch. 75, § 1; T.C.A. (orig. ed.), § 8-2118.
Tenn. Code Ann. § 8-7-401 — TN Code / Title 8 / Chapter 7 / Section 8-7-401
Employment of private counsel by crime victim - Participation as co-counsel in prosecution of crime
Status: in_force

(a) A victim of crime or the family members of a victim of crime may employ private legal counsel to act as co-counsel with the district attorney general or the district attorney general's deputies in trying cases, with the extent of participation of such privately employed counsel being at the discretion of the district attorney general. The district attorney general or a deputy shall make the final and concluding argument. The privately retained counsel shall immediately inform the district attorney general of such counsel's employment. (b) (1) No private legal counsel employed as a special prosecutor pursuant to subsection (a) is permitted to participate in any criminal hearing, trial or other proceeding unless the defendant or defendants have been notified and the court has conducted a hearing on such employment as provided in subdivision (b)(2). (2) At such hearing, the defendant or defendants have the right to be present and to raise and preserve any objections to the employment of such special prosecutor as provided by law. The court shall examine the private counsel to be employed and shall make a specific finding as to whether such person is or is not qualified under the law to serve as special prosecutor and as to whether such person has or does not have a conflict of interest as provided by law. (3) Any allegations of prosecutorial misconduct or other defects in the trial committed or caused by the special prosecutor shall be raised and disposed of at the time a motion for new trial is made by the defendant. Acts 1978, ch. 883, § 1; T.C.A., § 8-729; Acts 1995, ch. 475, § 3.
(a) A victim of crime or the family members of a victim of crime may employ private legal counsel to act as co-counsel with the district attorney general or the district attorney general's deputies in trying cases, with the extent of participation of such privately employed counsel being at the discretion of the district attorney general. The district attorney general or a deputy shall make the final and concluding argument. The privately retained counsel shall immediately inform the district attorney general of such counsel's employment.
(b) (1) No private legal counsel employed as a special prosecutor pursuant to subsection (a) is permitted to participate in any criminal hearing, trial or other proceeding unless the defendant or defendants have been notified and the court has conducted a hearing on such employment as provided in subdivision (b)(2). (2) At such hearing, the defendant or defendants have the right to be present and to raise and preserve any objections to the employment of such special prosecutor as provided by law. The court shall examine the private counsel to be employed and shall make a specific finding as to whether such person is or is not qualified under the law to serve as special prosecutor and as to whether such person has or does not have a conflict of interest as provided by law. (3) Any allegations of prosecutorial misconduct or other defects in the trial committed or caused by the special prosecutor shall be raised and disposed of at the time a motion for new trial is made by the defendant.
(1) No private legal counsel employed as a special prosecutor pursuant to subsection (a) is permitted to participate in any criminal hearing, trial or other proceeding unless the defendant or defendants have been notified and the court has conducted a hearing on such employment as provided in subdivision (b)(2).
(2) At such hearing, the defendant or defendants have the right to be present and to raise and preserve any objections to the employment of such special prosecutor as provided by law. The court shall examine the private counsel to be employed and shall make a specific finding as to whether such person is or is not qualified under the law to serve as special prosecutor and as to whether such person has or does not have a conflict of interest as provided by law.
(3) Any allegations of prosecutorial misconduct or other defects in the trial committed or caused by the special prosecutor shall be raised and disposed of at the time a motion for new trial is made by the defendant.
Acts 1978, ch. 883, § 1; T.C.A., § 8-729; Acts 1995, ch. 475, § 3.
Tenn. Code Ann. § 8-21-802 — TN Code / Title 8 / Chapter 21 / Section 8-21-802
Commissioners' partition of land
Status: in_force

(a) Commissioners to make partition of land, and for other similar services, when no compensation is fixed by law, are entitled to demand and receive: (1) For each day's actual service in partitioning land and in performing other services .................... $1.00 (2) For every mile of necessary travel .................... $0.05 (b) It is lawful for all courts appointing commissioners to make partition of land and for other similar services to allow, in addition to the above fees, such additional compensation as the services of such commissioners may be reasonably worth. Code 1858, § 4582; Shan., § 6422; Code 1932, § 10719; modified; Acts 1965, ch. 29, § 1; modified; 1976, ch. 529, § 2; T.C.A. (orig. ed.), § 8-2130.
(a) Commissioners to make partition of land, and for other similar services, when no compensation is fixed by law, are entitled to demand and receive: (1) For each day's actual service in partitioning land and in performing other services .................... $1.00 (2) For every mile of necessary travel .................... $0.05
(1) For each day's actual service in partitioning land and in performing other services .................... $1.00
(2) For every mile of necessary travel .................... $0.05
(b) It is lawful for all courts appointing commissioners to make partition of land and for other similar services to allow, in addition to the above fees, such additional compensation as the services of such commissioners may be reasonably worth.
Code 1858, § 4582; Shan., § 6422; Code 1932, § 10719; modified; Acts 1965, ch. 29, § 1; modified; 1976, ch. 529, § 2; T.C.A. (orig. ed.), § 8-2130.
Tenn. Code Ann. § 8-27-605 — TN Code / Title 8 / Chapter 27 / Section 8-27-605
Contributions deposited in insurance fund - Special account for special school districts
Status: in_force

The aldermen or other governing body of the municipal corporation or special school district shall appropriate from the funds of the municipal corporation or special school district an amount annually which shall be sufficient to pay the municipal corporation's or special school district's portion of such insurance premiums. These amounts shall be remitted periodically as required to the treasurer of the municipal corporation or special school district and shall be deposited in a fund to be known as the "insurance fund." The amounts deducted from the salaries of participating municipal corporation or special school district employees and officials shall also be deposited to the insurance fund within three (3) days after the amount has been deducted, and from this fund, the cost of the insurance program shall be paid upon a warrant drawn by the mayor or chief executive officer; provided, that in the case of special school districts, the matching funds provided by the governing body and the amounts deducted from the salaries of the participating special school district employees and officials may be accounted for by creating a special account within the regular school operating fund and the special "insurance fund" referred to above need not be maintained. Acts 1961, ch. 328, § 5; T.C.A., §§ 8-4115, 8-4114, 8-50-305.
The aldermen or other governing body of the municipal corporation or special school district shall appropriate from the funds of the municipal corporation or special school district an amount annually which shall be sufficient to pay the municipal corporation's or special school district's portion of such insurance premiums. These amounts shall be remitted periodically as required to the treasurer of the municipal corporation or special school district and shall be deposited in a fund to be known as the "insurance fund." The amounts deducted from the salaries of participating municipal corporation or special school district employees and officials shall also be deposited to the insurance fund within three (3) days after the amount has been deducted, and from this fund, the cost of the insurance program shall be paid upon a warrant drawn by the mayor or chief executive officer; provided, that in the case of special school districts, the matching funds provided by the governing body and the amounts deducted from the salaries of the participating special school district employees and officials may be accounted for by creating a special account within the regular school operating fund and the special "insurance fund" referred to above need not be maintained.
Acts 1961, ch. 328, § 5; T.C.A., §§ 8-4115, 8-4114, 8-50-305.
Tenn. Code Ann. § 8-24-113 — TN Code / Title 8 / Chapter 24 / Section 8-24-113
Private acts fixing salary of county mayor unaffected
Status: in_force

Sections 8-24-102 , this section and 8-24-114 shall not be construed to repeal or modify in any way any private act of the state fixing any salary of any county mayor in an amount greater than the minimum salaries set out in § 8-24-102 . In determining whether the salary of any such county mayor has been fixed by private act in an amount in excess of the minimum salary set out in § 8-24-102 , the entire salary provided for by such private act shall be included, regardless of whether such salary is paid by the county, the state of Tennessee, or both. Acts 1957, ch. 172, § 2; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §8-2415; Acts 2003 , ch. 90, § 2.
Sections 8-24-102 , this section and 8-24-114 shall not be construed to repeal or modify in any way any private act of the state fixing any salary of any county mayor in an amount greater than the minimum salaries set out in § 8-24-102 . In determining whether the salary of any such county mayor has been fixed by private act in an amount in excess of the minimum salary set out in § 8-24-102 , the entire salary provided for by such private act shall be included, regardless of whether such salary is paid by the county, the state of Tennessee, or both.
Acts 1957, ch. 172, § 2; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §8-2415; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 8-30-202 — TN Code / Title 8 / Chapter 30 / Section 8-30-202
Executive service positions - Preferred service positions - Determination of equivalent positions
Status: in_force

(a) The following positions shall be executive service positions: (1) Any officer or employee appointed by the governor and all positions in the governor's office; (2) Any deputy commissioner or equivalent authority in each department or state agency; (3) Any assistant commissioner or equivalent authority in each department or state agency; (4) Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33; (5) The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on: (A) The development of policy goals; or (B) The implementation of policy; (6) The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions: (A) Public information and legislative affairs; (B) Fiscal, budget and audit matters; (C) Security or internal affairs; (D) Information technology systems; and (E) Human resources; (7) A clinical director, medical director, or other licensed physician; (8) A licensed attorney engaged in the practice of law and representing the state in such capacity; (9) Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and (10) An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive. (b) An employee in the executive service is an employee at will and serves at the pleasure of the employee's appointing authority. (c) All other full-time positions in state service shall be in the preferred service. (d) An employee becomes a member of the preferred service upon successful completion of the probationary period under this chapter. (e) Preferred service employees include any commissioned member of the department of safety, below the rank of captain, serving in the capacity of executive security, who has been so certified by the commissioner of safety to the commissioner of human resources. (f) The commissioner shall determine equivalent levels for the purpose of assigning positions not specifically addressed in subsection (a) to the preferred or executive service. Such determination may be based on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any department, implementation of this provision shall not jeopardize federal funding resources. Amended by 2020 Tenn. Acts, ch. 623, Secs.s2, s3 eff. 7/1/2020. Amended by 2020 Tenn. Acts, ch. 623, s 1, eff. 7/1/2020. Acts 2012 , ch. 800, § 11.
(a) The following positions shall be executive service positions: (1) Any officer or employee appointed by the governor and all positions in the governor's office; (2) Any deputy commissioner or equivalent authority in each department or state agency; (3) Any assistant commissioner or equivalent authority in each department or state agency; (4) Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33; (5) The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on: (A) The development of policy goals; or (B) The implementation of policy; (6) The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions: (A) Public information and legislative affairs; (B) Fiscal, budget and audit matters; (C) Security or internal affairs; (D) Information technology systems; and (E) Human resources; (7) A clinical director, medical director, or other licensed physician; (8) A licensed attorney engaged in the practice of law and representing the state in such capacity; (9) Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and (10) An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive.
(1) Any officer or employee appointed by the governor and all positions in the governor's office;
(2) Any deputy commissioner or equivalent authority in each department or state agency;
(3) Any assistant commissioner or equivalent authority in each department or state agency;
(4) Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33;
(5) The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on: (A) The development of policy goals; or (B) The implementation of policy;
(A) The development of policy goals; or
(B) The implementation of policy;
(6) The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions: (A) Public information and legislative affairs; (B) Fiscal, budget and audit matters; (C) Security or internal affairs; (D) Information technology systems; and (E) Human resources;
(A) Public information and legislative affairs;
(B) Fiscal, budget and audit matters;
(C) Security or internal affairs;
(D) Information technology systems; and
(E) Human resources;
(7) A clinical director, medical director, or other licensed physician;
(8) A licensed attorney engaged in the practice of law and representing the state in such capacity;
(9) Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and
(10) An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive.
(b) An employee in the executive service is an employee at will and serves at the pleasure of the employee's appointing authority.
(c) All other full-time positions in state service shall be in the preferred service.
(d) An employee becomes a member of the preferred service upon successful completion of the probationary period under this chapter.
(e) Preferred service employees include any commissioned member of the department of safety, below the rank of captain, serving in the capacity of executive security, who has been so certified by the commissioner of safety to the commissioner of human resources.
(f) The commissioner shall determine equivalent levels for the purpose of assigning positions not specifically addressed in subsection (a) to the preferred or executive service. Such determination may be based on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any department, implementation of this provision shall not jeopardize federal funding resources.
Amended by 2020 Tenn. Acts, ch. 623, Secs.s2, s3 eff. 7/1/2020.
Amended by 2020 Tenn. Acts, ch. 623, s 1, eff. 7/1/2020.
Acts 2012 , ch. 800, § 11.
Tenn. Code Ann. § 8-48-205 — TN Code / Title 8 / Chapter 48 / Section 8-48-205
Appointment of temporary officers
Status: in_force

The appointment or election of persons to fill such offices temporarily shall be as follows: (1) In the event a judge of any court of record in the state, including county judges and general sessions judges in counties where vacancies are filled by appointment of the governor, shall be inducted into the military service of the United States, such office shall be filled during the absence of the regular incumbent by appointment of the governor; (2) In the event a district attorney general is in like manner inducted into the military service, such office shall be filled during the district attorney general's absence by the appointment, to be made by the circuit or criminal judge of the district, of a qualified person to serve during the temporary absence of the regular incumbent; (3) In the event a commissioner of the Tennessee public utility commission is inducted into the military service, the member's office shall be filled during the member's absence by appointment by the governor of a qualified person to serve temporarily in the member's place; (4) In the event a clerk and master is inducted into the military service, the clerk and master's office shall be filled by appointment by the chancellor of a qualified person to serve temporarily in the clerk and master's place; and (5) In the event any other county officer is inducted into the military service, such office shall be filled temporarily by election by the county legislative body of the county from which such regular incumbent is temporarily absent. Amended by 2017 Tenn. Acts, ch. 94,s 28, eff. 4/4/2017. Acts 1943, ch. 4, § 3; C. Supp. 1950, § 1866.3; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-2814; Acts 1991, ch. 147, § 1; 1995, ch. 305, § 93.
The appointment or election of persons to fill such offices temporarily shall be as follows:
(1) In the event a judge of any court of record in the state, including county judges and general sessions judges in counties where vacancies are filled by appointment of the governor, shall be inducted into the military service of the United States, such office shall be filled during the absence of the regular incumbent by appointment of the governor;
(2) In the event a district attorney general is in like manner inducted into the military service, such office shall be filled during the district attorney general's absence by the appointment, to be made by the circuit or criminal judge of the district, of a qualified person to serve during the temporary absence of the regular incumbent;
(3) In the event a commissioner of the Tennessee public utility commission is inducted into the military service, the member's office shall be filled during the member's absence by appointment by the governor of a qualified person to serve temporarily in the member's place;
(4) In the event a clerk and master is inducted into the military service, the clerk and master's office shall be filled by appointment by the chancellor of a qualified person to serve temporarily in the clerk and master's place; and
(5) In the event any other county officer is inducted into the military service, such office shall be filled temporarily by election by the county legislative body of the county from which such regular incumbent is temporarily absent.
Amended by 2017 Tenn. Acts, ch. 94,s 28, eff. 4/4/2017.
Acts 1943, ch. 4, § 3; C. Supp. 1950, § 1866.3; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-2814; Acts 1991, ch. 147, § 1; 1995, ch. 305, § 93.
Tenn. Code Ann. § 8-47-108 — TN Code / Title 8 / Chapter 47 / Section 8-47-108
Filing of complaint on direction of governor
Status: in_force

It is also the duty of the attorney general and reporter, in the case of state officers, and of the district attorney general and the county attorney, if there is one in the county, in the case of county officers, and of the city attorney, or the district attorney general, in case of municipal officers, to file such petition or complaint, upon being directed or requested in writing so to do by the governor. Acts 1915, ch. 11, § 3; Shan., § 1135a4; Code 1932, § 1880; T.C.A. (orig. ed.), § 8-2708.
It is also the duty of the attorney general and reporter, in the case of state officers, and of the district attorney general and the county attorney, if there is one in the county, in the case of county officers, and of the city attorney, or the district attorney general, in case of municipal officers, to file such petition or complaint, upon being directed or requested in writing so to do by the governor.
Acts 1915, ch. 11, § 3; Shan., § 1135a4; Code 1932, § 1880; T.C.A. (orig. ed.), § 8-2708.
Tenn. Code Ann. § 8-15-101 — TN Code / Title 8 / Chapter 15 / Section 8-15-101
Employment by counties
Status: in_force

The counties are authorized to employ accountants to audit the books of the officers and employees of the counties. Prior to any county authorizing the employment of such auditors or accountants, the county shall request and must obtain the approval of the comptroller of the treasury. The employment of such auditors or accountants is subject to the requirements of § 4-3-304 . Acts 1917, ch. 67, § 1; Shan. Supp., § 582a1; Code 1932, § 833; T.C.A. (orig. ed.), § 8-1501; Acts 1995, ch. 179, § 14.
The counties are authorized to employ accountants to audit the books of the officers and employees of the counties. Prior to any county authorizing the employment of such auditors or accountants, the county shall request and must obtain the approval of the comptroller of the treasury. The employment of such auditors or accountants is subject to the requirements of § 4-3-304 .
Acts 1917, ch. 67, § 1; Shan. Supp., § 582a1; Code 1932, § 833; T.C.A. (orig. ed.), § 8-1501; Acts 1995, ch. 179, § 14.
Tenn. Code Ann. § 8-13-111 — TN Code / Title 8 / Chapter 13 / Section 8-13-111
Fees accompanying instrument - Register to adopt policy regarding overages
Status: in_force

(a) The register shall not be compelled to receive a deed, in any case, and perform official duties in relation thereto, unless the legal fees for registration accompany the instrument. (b) A register shall adopt a policy regarding the procedure to follow if the register receives instruments for recordation accompanied by fees in excess of the required amount, and that policy shall include one (1) or more of the following: (1) Establishing a credit, debit or a copy account for individual customers; (2) Contacting the person or entity tendering the instrument for specific instructions regarding the excess fee; (3) Allowing the register's office to retain reasonable overage amounts as fees of the office; or (4) Registering every instrument eligible for registration and providing a refund of the excess moneys, less a reasonable amount of the excess payments retained as fees of the office. Code 1858, § 453 (deriv. Acts 1841-1842, ch. 12, § 5); Shan., § 566; Code 1932, § 815; T.C.A. (orig. ed.), § 8-1311; Acts 2004, ch. 896, § 1.
(a) The register shall not be compelled to receive a deed, in any case, and perform official duties in relation thereto, unless the legal fees for registration accompany the instrument.
(b) A register shall adopt a policy regarding the procedure to follow if the register receives instruments for recordation accompanied by fees in excess of the required amount, and that policy shall include one (1) or more of the following: (1) Establishing a credit, debit or a copy account for individual customers; (2) Contacting the person or entity tendering the instrument for specific instructions regarding the excess fee; (3) Allowing the register's office to retain reasonable overage amounts as fees of the office; or (4) Registering every instrument eligible for registration and providing a refund of the excess moneys, less a reasonable amount of the excess payments retained as fees of the office.
(1) Establishing a credit, debit or a copy account for individual customers;
(2) Contacting the person or entity tendering the instrument for specific instructions regarding the excess fee;
(3) Allowing the register's office to retain reasonable overage amounts as fees of the office; or
(4) Registering every instrument eligible for registration and providing a refund of the excess moneys, less a reasonable amount of the excess payments retained as fees of the office.
Code 1858, § 453 (deriv. Acts 1841-1842, ch. 12, § 5); Shan., § 566; Code 1932, § 815; T.C.A. (orig. ed.), § 8-1311; Acts 2004, ch. 896, § 1.
Tenn. Code Ann. § 8-19-504 — TN Code / Title 8 / Chapter 19 / Section 8-19-504
Legislative intent
Status: in_force

It is the declared intent of this part to hold liable any person, and thereby such person's bonding company, who is responsible for shortages in state properties or moneys, for any balance of properties or moneys due the state following an unauthorized settlement without approval of the comptroller of the treasury, and to also hold liable the person responsible for such unauthorized settlement and the person's bonding company. Acts 1963, ch. 88, § 4; T.C.A., § 8-1957.
It is the declared intent of this part to hold liable any person, and thereby such person's bonding company, who is responsible for shortages in state properties or moneys, for any balance of properties or moneys due the state following an unauthorized settlement without approval of the comptroller of the treasury, and to also hold liable the person responsible for such unauthorized settlement and the person's bonding company.
Acts 1963, ch. 88, § 4; T.C.A., § 8-1957.
Tenn. Code Ann. § 8-27-705 — TN Code / Title 8 / Chapter 27 / Section 8-27-705
Health benefit for retired local government employees - Eligibility for coverage - Implementation of defined contribution plan or related investment vehicle
Status: in_force

(a) The local government insurance committee may establish basic health plan benefits and voluntary benefits, as the local government insurance committee deems necessary and reasonable, for retired local government employees. The health benefits may be made available to all eligible retired local government employees; provided, that an eligible retired local government employee who is vested in the Tennessee consolidated retirement system must be drawing retirement benefits through that system to receive the health benefits authorized by this section. (b) The local government insurance committee is authorized to establish the eligibility criteria for the benefits authorized by subsection (a) and the administrative requirements for the collection of premiums. (c) (1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the local government insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. (4) This subsection (d) shall be effective September 1, 2015. Amended by 2023 Tenn. Acts, ch. 216, s 26, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 216, s 25, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 631, s 3, eff. 4/2/2018. Amended by 2015 Tenn. Acts, ch. 426, s 4, eff. 5/18/2015. Acts 2000, ch. 757, § 1.
(a) The local government insurance committee may establish basic health plan benefits and voluntary benefits, as the local government insurance committee deems necessary and reasonable, for retired local government employees. The health benefits may be made available to all eligible retired local government employees; provided, that an eligible retired local government employee who is vested in the Tennessee consolidated retirement system must be drawing retirement benefits through that system to receive the health benefits authorized by this section.
(b) The local government insurance committee is authorized to establish the eligibility criteria for the benefits authorized by subsection (a) and the administrative requirements for the collection of premiums.
(c) (1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the local government insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used. (2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer. (3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust. (4) This subsection (d) shall be effective September 1, 2015.
(1) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the chair of the consolidated retirement board shall serve as trustees of any defined contribution plan or related investment vehicle established as a health benefit by the local government insurance committee under this section. The trustees shall have the authority to implement any such defined contribution plan or related investment vehicle. Notwithstanding § 8-27-103(a) , such authority shall include, but not be limited to, administering any contract related to such defined contribution plan or related investment vehicle, procuring services necessary or desirable for efficient administration of the investment vehicles used for the health benefit and overseeing the investment policy for any investment vehicles used.
(2) The trustees shall delegate the duty to conduct the day-to-day responsibilities for managing the investment vehicles to the state treasurer.
(3) The costs associated with administering any such defined contribution plan or related investment vehicle shall be assessed to the funds generated by any such defined contribution plan or related investment vehicle and, if necessary, to the employee benefits trust.
(4) This subsection (d) shall be effective September 1, 2015.
Amended by 2023 Tenn. Acts, ch. 216, s 26, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 25, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 631, s 3, eff. 4/2/2018.
Amended by 2015 Tenn. Acts, ch. 426, s 4, eff. 5/18/2015.
Acts 2000, ch. 757, § 1.
Tenn. Code Ann. § 8-8-415 — TN Code / Title 8 / Chapter 8 / Section 8-8-415
Filling of vacancies - Probationary period
Status: in_force

(a) Whenever a vacancy occurs in any position in the classified section of the office of sheriff, the sheriff shall ask the board for the names and addresses of all eligible persons. The board shall certify the names of all persons on the eligible list for that position within thirty (30) days of the sheriff's request. The sheriff shall investigate each of the five (5) highest on the list of eligibles. If none of the five (5) eligibles are acceptable to the sheriff, the sheriff shall investigate the next five (5) eligibles on the list, one (1) after another until one (1) of the eligibles investigated is acceptable. The sheriff shall appoint this person to the position and notify the board of such action. If the civil service board fails to provide a list, then the sheriff may make appointments to vacancies after having notified the board of an intention to do so. (b) No appointment or promotion for any position in the classified service shall be deemed complete until after the expiration of six (6) months' probationary service, during which time the sheriff may determine the effectiveness of the employee and if, in the sheriff's judgment, the employee does not meet the standards the sheriff may terminate the employment of that person. (c) Whenever a position of the classified service is filled by promotion, and the services of the person promoted are terminated by the sheriff during the probationary period, such person shall be returned to such person's former position in the classified service unless such person's conduct during the probationary period has given grounds for dismissal for cause under this part. (d) Any person dismissed during the probationary period shall not be eligible for a hearing before the board. (e) A person certified to the sheriff who does not report for duty at the time so designated and who does not explain in writing within five (5) days such failure to report, may be rejected by the sheriff, who shall notify the board of the action taken and the reason for it. The person's name will then be stricken from the eligible list. Acts 1974, ch. 751, § 15; T.C.A., § 8-854.
(a) Whenever a vacancy occurs in any position in the classified section of the office of sheriff, the sheriff shall ask the board for the names and addresses of all eligible persons. The board shall certify the names of all persons on the eligible list for that position within thirty (30) days of the sheriff's request. The sheriff shall investigate each of the five (5) highest on the list of eligibles. If none of the five (5) eligibles are acceptable to the sheriff, the sheriff shall investigate the next five (5) eligibles on the list, one (1) after another until one (1) of the eligibles investigated is acceptable. The sheriff shall appoint this person to the position and notify the board of such action. If the civil service board fails to provide a list, then the sheriff may make appointments to vacancies after having notified the board of an intention to do so.
(b) No appointment or promotion for any position in the classified service shall be deemed complete until after the expiration of six (6) months' probationary service, during which time the sheriff may determine the effectiveness of the employee and if, in the sheriff's judgment, the employee does not meet the standards the sheriff may terminate the employment of that person.
(c) Whenever a position of the classified service is filled by promotion, and the services of the person promoted are terminated by the sheriff during the probationary period, such person shall be returned to such person's former position in the classified service unless such person's conduct during the probationary period has given grounds for dismissal for cause under this part.
(d) Any person dismissed during the probationary period shall not be eligible for a hearing before the board.
(e) A person certified to the sheriff who does not report for duty at the time so designated and who does not explain in writing within five (5) days such failure to report, may be rejected by the sheriff, who shall notify the board of the action taken and the reason for it. The person's name will then be stricken from the eligible list.
Acts 1974, ch. 751, § 15; T.C.A., § 8-854.
Tenn. Code Ann. § 8-35-239 — TN Code / Title 8 / Chapter 35 / Section 8-35-239
Tennessee Association of County Mayors
Status: in_force

(a) The Tennessee Association of County Mayors shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the association's board of directors authorizing and funding an actuarial study, and passage by the association's board of directors of a resolution authorizing participation and accepting liability incurred as a result of such participation. (b) The employees of the association shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of the Tennessee County Services Association. The employees of the association shall be entitled to credit for such prior service as the board of directors of the association may authorize and accept liability. (c) In case of the withdrawal of the Tennessee Association of County Mayors as a participating employer, the benefits of the association shall be determined in accordance with § 8-35-211 . (d) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of employees or beneficiaries of the Tennessee Association of County Mayors for which reserves have not been previously created from funds contributed by the association and/or its employees. (e) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the association. Amended by 2014 Tenn. Acts, ch. 659, s 13, eff. 4/10/2014. Acts 1991, ch. 31, § 1.
(a) The Tennessee Association of County Mayors shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the association's board of directors authorizing and funding an actuarial study, and passage by the association's board of directors of a resolution authorizing participation and accepting liability incurred as a result of such participation.
(b) The employees of the association shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of the Tennessee County Services Association. The employees of the association shall be entitled to credit for such prior service as the board of directors of the association may authorize and accept liability.
(c) In case of the withdrawal of the Tennessee Association of County Mayors as a participating employer, the benefits of the association shall be determined in accordance with § 8-35-211 .
(d) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of employees or beneficiaries of the Tennessee Association of County Mayors for which reserves have not been previously created from funds contributed by the association and/or its employees.
(e) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the association.
Amended by 2014 Tenn. Acts, ch. 659, s 13, eff. 4/10/2014.
Acts 1991, ch. 31, § 1.
Tenn. Code Ann. § 8-37-218 — TN Code / Title 8 / Chapter 37 / Section 8-37-218
Payment of additional contributions - Members employed by political subdivisions
Status: in_force

(a) Any Group 2 member who elected to come under § 8-36-201(b)(2)(A) and who continues in service after age fifty-five (55) and after completion of twenty-five (25) years of creditable service shall be paid the additional contributions made by such member under § 8-36-201(b)(2) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 2 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under § 8-36-201(b)(2) . (b) This section shall not apply to any member whose Group 2 service was rendered to a political subdivision unless the governing body of such political subdivision passes a resolution authorizing the return of contributions pursuant to this section. Acts 1991, ch. 32, § 1.
(a) Any Group 2 member who elected to come under § 8-36-201(b)(2)(A) and who continues in service after age fifty-five (55) and after completion of twenty-five (25) years of creditable service shall be paid the additional contributions made by such member under § 8-36-201(b)(2) within ninety (90) days after the member's filing with the retirement division a written request therefor. Any Group 2 member filing such a request shall cease to make and have deducted from such member's compensation the additional contributions required under § 8-36-201(b)(2) .
(b) This section shall not apply to any member whose Group 2 service was rendered to a political subdivision unless the governing body of such political subdivision passes a resolution authorizing the return of contributions pursuant to this section.
Acts 1991, ch. 32, § 1.
Tenn. Code Ann. § 8-35-213 — TN Code / Title 8 / Chapter 35 / Section 8-35-213
Tennessee County Services Association - Tennessee County Highway Officials Association
Status: in_force

(a) The Tennessee County Services Association shall be a participating employer as of July 1, 1972, with respect to its employees and shall likewise be subject to all of the provisions of this part applicable to employers electing to participate subsequent to July 1, 1972. (b) (1) The Tennessee County Highway Officials Association shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the association's board of directors authorizing and funding an actuarial study and passage by the association's board of directors of a resolution authorizing participation and accepting liability incurred as a result of such participation. (2) The employees of the association shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of the Tennessee County Services Association. Such employees shall be entitled to credit for such prior service as the board of directors of the association may authorize and accept the liability therefor. (3) In case of the withdrawal of the Tennessee County Highway Officials Association as a participating employer, the benefits of the association shall be determined in accordance with § 8-35-211 . (4) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of employees or beneficiaries of such association for which reserves have not been previously created from funds contributed by the association and/or its employees. (5) It is the legislative intent that the state shall realize no increased cost as a result of this subsection (b). All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the association. Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(1)(c); Acts 1988, ch. 515, § 1.
(a) The Tennessee County Services Association shall be a participating employer as of July 1, 1972, with respect to its employees and shall likewise be subject to all of the provisions of this part applicable to employers electing to participate subsequent to July 1, 1972.
(b) (1) The Tennessee County Highway Officials Association shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the association's board of directors authorizing and funding an actuarial study and passage by the association's board of directors of a resolution authorizing participation and accepting liability incurred as a result of such participation. (2) The employees of the association shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of the Tennessee County Services Association. Such employees shall be entitled to credit for such prior service as the board of directors of the association may authorize and accept the liability therefor. (3) In case of the withdrawal of the Tennessee County Highway Officials Association as a participating employer, the benefits of the association shall be determined in accordance with § 8-35-211 . (4) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of employees or beneficiaries of such association for which reserves have not been previously created from funds contributed by the association and/or its employees. (5) It is the legislative intent that the state shall realize no increased cost as a result of this subsection (b). All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the association.
(1) The Tennessee County Highway Officials Association shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the association's board of directors authorizing and funding an actuarial study and passage by the association's board of directors of a resolution authorizing participation and accepting liability incurred as a result of such participation.
(2) The employees of the association shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of the Tennessee County Services Association. Such employees shall be entitled to credit for such prior service as the board of directors of the association may authorize and accept the liability therefor.
(3) In case of the withdrawal of the Tennessee County Highway Officials Association as a participating employer, the benefits of the association shall be determined in accordance with § 8-35-211 .
(4) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of employees or beneficiaries of such association for which reserves have not been previously created from funds contributed by the association and/or its employees.
(5) It is the legislative intent that the state shall realize no increased cost as a result of this subsection (b). All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the association.
Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(1)(c); Acts 1988, ch. 515, § 1.
Tenn. Code Ann. § 8-47-127 — TN Code / Title 8 / Chapter 47 / Section 8-47-127
Lottery construed
Status: in_force

Participation in any activity which is conducted pursuant to law and authorized by the Constitution of Tennessee, Article XI, § 5 shall not be construed as gambling for the purposes of § 8-47-101 . Acts 2003 , ch. 297, § 11.
Participation in any activity which is conducted pursuant to law and authorized by the Constitution of Tennessee, Article XI, § 5 shall not be construed as gambling for the purposes of § 8-47-101 .
Acts 2003 , ch. 297, § 11.
Tenn. Code Ann. § 8-17-104 — TN Code / Title 8 / Chapter 17 / Section 8-17-104
Standards open to public inspection - Filing standards and amendments with ethics commission - Notifications
Status: in_force

(a) Each entity covered by this chapter shall maintain, for public inspection, the ethical standards of such entity and shall cause a copy of the adopted standards to be filed with the ethics commission. Any amendments or other modifications to the ethical standards shall also be filed with the commission as soon as practical after adoption by the governing body. (b) By no later than January 1, 2024, each entity covered by this chapter shall notify the ethics commission, either in writing or electronically by email, of the primary person responsible for administering and enforcing the entity's ethical standards. The entity also shall provide the commission with the person's contact information, including the person's business address, phone number, and email address. The entity shall notify the commission of any change in such responsibility within thirty (30) calendar days of such change and shall provide the name and contact information for an interim official serving in this capacity until such time as a permanent successor can be identified. (c) By no later than January 31, 2024, and on each January 31 thereafter, the commission shall notify the speaker of the house of representatives and the speaker of the senate, as well as the comptroller of the treasury, of each entity that is not in compliance with this part. Amended by 2023 Tenn. Acts, ch. 37, s 5, eff. 3/14/2023. Acts 2006 (1st Ex. Sess.), ch. 1, § 49.
(a) Each entity covered by this chapter shall maintain, for public inspection, the ethical standards of such entity and shall cause a copy of the adopted standards to be filed with the ethics commission. Any amendments or other modifications to the ethical standards shall also be filed with the commission as soon as practical after adoption by the governing body.
(b) By no later than January 1, 2024, each entity covered by this chapter shall notify the ethics commission, either in writing or electronically by email, of the primary person responsible for administering and enforcing the entity's ethical standards. The entity also shall provide the commission with the person's contact information, including the person's business address, phone number, and email address. The entity shall notify the commission of any change in such responsibility within thirty (30) calendar days of such change and shall provide the name and contact information for an interim official serving in this capacity until such time as a permanent successor can be identified.
(c) By no later than January 31, 2024, and on each January 31 thereafter, the commission shall notify the speaker of the house of representatives and the speaker of the senate, as well as the comptroller of the treasury, of each entity that is not in compliance with this part.
Amended by 2023 Tenn. Acts, ch. 37, s 5, eff. 3/14/2023.
Acts 2006 (1st Ex. Sess.), ch. 1, § 49.
Tenn. Code Ann. § 8-6-201 — TN Code / Title 8 / Chapter 6 / Section 8-6-201
Delivery of supreme court opinions - Time of publication
Status: in_force

The clerks of the supreme court shall have the opinions of the supreme court enrolled within ten (10) days after their delivery by the court, and shall then deliver to the attorney general and reporter the original opinion for publication. Reports of the opinions shall be published within sixty (60) days from the time sufficient material is furnished the reporter to complete a volume. Acts 1881, ch. 4, § 4; Shan., § 5765; Code 1932, § 9963; T.C.A. (orig. ed.), § 8-611.
The clerks of the supreme court shall have the opinions of the supreme court enrolled within ten (10) days after their delivery by the court, and shall then deliver to the attorney general and reporter the original opinion for publication. Reports of the opinions shall be published within sixty (60) days from the time sufficient material is furnished the reporter to complete a volume.
Acts 1881, ch. 4, § 4; Shan., § 5765; Code 1932, § 9963; T.C.A. (orig. ed.), § 8-611.
Tenn. Code Ann. § 8-10-113 — TN Code / Title 8 / Chapter 10 / Section 8-10-113
Acting for sheriff and coroner
Status: in_force

A constable may execute process from any court whenever there is at the time neither sheriff nor coroner, or whenever both the sheriff and the coroner are incompetent, or one (1) of those offices is vacant and the person holding the other office is incompetent in the particular case. Code 1858, § 394 (deriv. Acts 1807, ch. 104, § 13); Shan., § 485; Code 1932, § 731; T.C.A. (orig. ed.), § 8-1013.
A constable may execute process from any court whenever there is at the time neither sheriff nor coroner, or whenever both the sheriff and the coroner are incompetent, or one (1) of those offices is vacant and the person holding the other office is incompetent in the particular case.
Code 1858, § 394 (deriv. Acts 1807, ch. 104, § 13); Shan., § 485; Code 1932, § 731; T.C.A. (orig. ed.), § 8-1013.
Tenn. Code Ann. § 8-50-403 — TN Code / Title 8 / Chapter 50 / Section 8-50-403
Program participants - Limitations on assignments - Exempted persons
Status: in_force

(a) Any department, agency, or instrumentality of the state is authorized to participate in a program of interchange of employees with departments, agencies, or instrumentalities of the federal government, or another state, as a sending or receiving agency. (b) Details relating to any matter covered in this part may be the subject of an agreement between the sending and receiving agencies. (c) Elected officials shall not be assigned from a sending agency nor detailed to a receiving agency. Acts 1967, ch. 324, § 3; T.C.A., §§ 8-4120, 8-4119; Acts 1997, ch. 521, § 1.
(a) Any department, agency, or instrumentality of the state is authorized to participate in a program of interchange of employees with departments, agencies, or instrumentalities of the federal government, or another state, as a sending or receiving agency.
(b) Details relating to any matter covered in this part may be the subject of an agreement between the sending and receiving agencies.
(c) Elected officials shall not be assigned from a sending agency nor detailed to a receiving agency.
Acts 1967, ch. 324, § 3; T.C.A., §§ 8-4120, 8-4119; Acts 1997, ch. 521, § 1.
Tenn. Code Ann. § 8-38-127 — TN Code / Title 8 / Chapter 38 / Section 8-38-127
Old age and survivors insurance agency attached to department of the treasury
Status: in_force

The old age and survivors' insurance agency shall be attached to the department of the treasury in a division as designated by the state treasurer. Added by 2013 Tenn. Acts, ch. 170,s 17, eff. 4/16/2013.
The old age and survivors' insurance agency shall be attached to the department of the treasury in a division as designated by the state treasurer.
Added by 2013 Tenn. Acts, ch. 170,s 17, eff. 4/16/2013.
Tenn. Code Ann. § 8-27-602 — TN Code / Title 8 / Chapter 27 / Section 8-27-602
Committee for preparation of insurance contract - Approval - Modifications
Status: in_force

(a) In municipal corporations and special school districts desiring to provide such insurance coverage for employees and officials, the aldermen or other governing body of the municipal corporation or special school district shall appoint a committee of aldermen or other governing body of the municipal corporation or special school district to carry out the intent of this part. (b) Such committee shall prepare and present for approval a contract or contracts with one (1) or more insurance companies, or other corporations which may exist under title 56, chapter 27, 28 or 29 authorized to do business in the state of Tennessee, or with one (1) or more insurance trusts which have contracted with an insurance company or companies or corporations as set out above authorized to do business in this state for a policy or policies of group insurance to provide for the payment of group life, hospitalization, disability, or medical expenses for municipal corporation or special school district employees and officials. Such approval shall be by a majority vote of the aldermen or other governing body of municipal corporation or special school district, and shall be executed in the name of the municipal corporation or special school district by the mayor or chief executive officer of such municipal corporation or special school district. (c) Such contracts may from time to time be amended, modified, or changed by a majority vote of the aldermen or other governing body of the municipal corporation or special school district. (d) The policy or policies shall conform to the standard provisions of group insurance policies as set forth in this code. Acts 1961, ch. 328, § 2; T.C.A., §§ 8-4112, 8-4111, 8-50-302.
(a) In municipal corporations and special school districts desiring to provide such insurance coverage for employees and officials, the aldermen or other governing body of the municipal corporation or special school district shall appoint a committee of aldermen or other governing body of the municipal corporation or special school district to carry out the intent of this part.
(b) Such committee shall prepare and present for approval a contract or contracts with one (1) or more insurance companies, or other corporations which may exist under title 56, chapter 27, 28 or 29 authorized to do business in the state of Tennessee, or with one (1) or more insurance trusts which have contracted with an insurance company or companies or corporations as set out above authorized to do business in this state for a policy or policies of group insurance to provide for the payment of group life, hospitalization, disability, or medical expenses for municipal corporation or special school district employees and officials. Such approval shall be by a majority vote of the aldermen or other governing body of municipal corporation or special school district, and shall be executed in the name of the municipal corporation or special school district by the mayor or chief executive officer of such municipal corporation or special school district.
(c) Such contracts may from time to time be amended, modified, or changed by a majority vote of the aldermen or other governing body of the municipal corporation or special school district.
(d) The policy or policies shall conform to the standard provisions of group insurance policies as set forth in this code.
Acts 1961, ch. 328, § 2; T.C.A., §§ 8-4112, 8-4111, 8-50-302.
Tenn. Code Ann. § 8-4-408 — TN Code / Title 8 / Chapter 4 / Section 8-4-408
Procurement and distribution of hotline signs
Status: in_force

The office of the comptroller of the treasury shall procure uniform signs, printed in accordance with § 8-4-404 , which shall be available, upon request, for distribution without cost to each state agency and community grant agency. Acts 1985, ch. 186, § 6; T.C.A. § 8-4-406 ; Acts 2006, ch. 972, § 2.
The office of the comptroller of the treasury shall procure uniform signs, printed in accordance with § 8-4-404 , which shall be available, upon request, for distribution without cost to each state agency and community grant agency.
Acts 1985, ch. 186, § 6; T.C.A. § 8-4-406 ; Acts 2006, ch. 972, § 2.
Tenn. Code Ann. § 8-20-120 — TN Code / Title 8 / Chapter 20 / Section 8-20-120
Sheriff's departments - Funding - Salaries - Employees
Status: in_force

Notwithstanding any other law to the contrary, county governing bodies shall fund the operations of the county sheriff's department. The sheriff may appoint such personnel as may be provided for in the budget adopted for such department. No county governing body shall adopt a budget absent the consent of the sheriff, which reduces below current levels the salaries and number of employees in the sheriff's department. In the event a county governing body fails to budget any salary expenditure which is a necessity for the discharge of the statutorily mandated duties of the sheriff, the sheriff may seek a writ of mandamus to compel such appropriation. Acts 1986, ch. 919, § 1.
Notwithstanding any other law to the contrary, county governing bodies shall fund the operations of the county sheriff's department. The sheriff may appoint such personnel as may be provided for in the budget adopted for such department. No county governing body shall adopt a budget absent the consent of the sheriff, which reduces below current levels the salaries and number of employees in the sheriff's department. In the event a county governing body fails to budget any salary expenditure which is a necessity for the discharge of the statutorily mandated duties of the sheriff, the sheriff may seek a writ of mandamus to compel such appropriation.
Acts 1986, ch. 919, § 1.
Tenn. Code Ann. § 8-19-304 — TN Code / Title 8 / Chapter 19 / Section 8-19-304
Bonds not discharged by single recovery
Status: in_force

Official bonds are not discharged by a single recovery, but proceedings may, from time to time, be instituted thereon by any person aggrieved, without assignment, until the whole penalty is exhausted. Code 1858, § 772; Shan., § 1093; Code 1932, § 1834; T.C.A. (orig. ed.), § 8-1923.
Official bonds are not discharged by a single recovery, but proceedings may, from time to time, be instituted thereon by any person aggrieved, without assignment, until the whole penalty is exhausted.
Code 1858, § 772; Shan., § 1093; Code 1932, § 1834; T.C.A. (orig. ed.), § 8-1923.
Tenn. Code Ann. § 8-36-101 — TN Code / Title 8 / Chapter 36 / Section 8-36-101
Prohibited changes in retirement
Status: in_force

A current early service retiree shall not change to disability retirement. A current disability retiree shall not change to early service retirement. Added by 2019 Tenn. Acts, ch. 381,s 10, eff. 5/10/2019.
A current early service retiree shall not change to disability retirement. A current disability retiree shall not change to early service retirement.
Added by 2019 Tenn. Acts, ch. 381,s 10, eff. 5/10/2019.
Tenn. Code Ann. § 8-34-314 — TN Code / Title 8 / Chapter 34 / Section 8-34-314
Engaging actuarial and other services
Status: in_force

The board of trustees shall engage such actuarial and other services as shall be required to transact the business of the retirement system. Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
The board of trustees shall engage such actuarial and other services as shall be required to transact the business of the retirement system.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
Tenn. Code Ann. § 8-8-606 — TN Code / Title 8 / Chapter 8 / Section 8-8-606
Applicability
Status: in_force

This part shall only apply to a county having a metropolitan form of government in which the sheriff has no law enforcement authority. Acts 1993, ch. 53, § 7.
This part shall only apply to a county having a metropolitan form of government in which the sheriff has no law enforcement authority.
Acts 1993, ch. 53, § 7.
Tenn. Code Ann. § 8-35-302 — TN Code / Title 8 / Chapter 35 / Section 8-35-302
Teachers not eligible to participate in local funds
Status: in_force

Any teacher employed by an employer operating a local retirement fund who is not eligible for membership in the local retirement fund shall be eligible for membership in the system established by chapters 34-37 of this title, and shall contribute to and participate in the benefits of chapters 34-37 of this title. Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(1).
Any teacher employed by an employer operating a local retirement fund who is not eligible for membership in the local retirement fund shall be eligible for membership in the system established by chapters 34-37 of this title, and shall contribute to and participate in the benefits of chapters 34-37 of this title.
Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(1).
Tenn. Code Ann. § 8-4-118 — TN Code / Title 8 / Chapter 4 / Section 8-4-118
Authority of the comptroller of the treasury to obtain certain information from applicants applying for employment
Status: in_force

(a) The comptroller of the treasury may require all persons prior to employment with such office to: (1) Agree to the release of all investigative records to the comptroller of the treasury for the purpose of verifying the accuracy of criminal violation information contained on an employment application; and (2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation. In addition, to the extent permitted by federal law, and at the discretion of the comptroller of the treasury, a check of such prints may be made against records maintained by the federal bureau of investigation. (b) Any costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, in conducting such investigations of applicants shall be paid by the comptroller of the treasury. (c) The comptroller of the treasury may establish the job titles or classifications to which the requirements of this section apply. Such classifications shall not supersede any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position in any program subject to licensure, approval or certification by any state agency. Acts 2010, ch. 971, § 1.
(a) The comptroller of the treasury may require all persons prior to employment with such office to: (1) Agree to the release of all investigative records to the comptroller of the treasury for the purpose of verifying the accuracy of criminal violation information contained on an employment application; and (2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation. In addition, to the extent permitted by federal law, and at the discretion of the comptroller of the treasury, a check of such prints may be made against records maintained by the federal bureau of investigation.
(1) Agree to the release of all investigative records to the comptroller of the treasury for the purpose of verifying the accuracy of criminal violation information contained on an employment application; and
(2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation. In addition, to the extent permitted by federal law, and at the discretion of the comptroller of the treasury, a check of such prints may be made against records maintained by the federal bureau of investigation.
(b) Any costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, in conducting such investigations of applicants shall be paid by the comptroller of the treasury.
(c) The comptroller of the treasury may establish the job titles or classifications to which the requirements of this section apply. Such classifications shall not supersede any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position in any program subject to licensure, approval or certification by any state agency.
Acts 2010, ch. 971, § 1.
Tenn. Code Ann. § 8-31-102 — TN Code / Title 8 / Chapter 31 / Section 8-31-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) (A) "Governmental entity" means a state agency, authority, board, commission, department, or office within the executive or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; provided, that "governmental entity" does not include an agency or office of the legislative branch; and (B) The receipt of funding from various state, federal, or local governmental sources, including county or municipal funding, does not change the status of a state agency as a state governmental entity or office under this chapter or otherwise exclude the state agency from the definition of "governmental entity" under subdivision (1)(A); (2) "Relative" means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household; and (3) "State employee" means any person who is employed by a governmental entity. Amended by 2023 Tenn. Acts, ch. 50, s 1, eff. 7/1/2023. Acts 1980, ch. 789, § 2.
As used in this chapter, unless the context otherwise requires:
(1) (A) "Governmental entity" means a state agency, authority, board, commission, department, or office within the executive or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; provided, that "governmental entity" does not include an agency or office of the legislative branch; and (B) The receipt of funding from various state, federal, or local governmental sources, including county or municipal funding, does not change the status of a state agency as a state governmental entity or office under this chapter or otherwise exclude the state agency from the definition of "governmental entity" under subdivision (1)(A);
(A) "Governmental entity" means a state agency, authority, board, commission, department, or office within the executive or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; provided, that "governmental entity" does not include an agency or office of the legislative branch; and
(B) The receipt of funding from various state, federal, or local governmental sources, including county or municipal funding, does not change the status of a state agency as a state governmental entity or office under this chapter or otherwise exclude the state agency from the definition of "governmental entity" under subdivision (1)(A);
(2) "Relative" means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household; and
(3) "State employee" means any person who is employed by a governmental entity.
Amended by 2023 Tenn. Acts, ch. 50, s 1, eff. 7/1/2023.
Acts 1980, ch. 789, § 2.
Tenn. Code Ann. § 8-25-402 — TN Code / Title 8 / Chapter 25 / Section 8-25-402
Confidentiality of records
Status: in_force

Any information concerning an employee's medical diagnosis, treatment or referral for treatment maintained by any person or entity providing cafeteria plan services hereunder is confidential and shall not be disclosed except as provided under § 8-25-109 . Acts 1993, ch. 67, § 4.
Any information concerning an employee's medical diagnosis, treatment or referral for treatment maintained by any person or entity providing cafeteria plan services hereunder is confidential and shall not be disclosed except as provided under § 8-25-109 .
Acts 1993, ch. 67, § 4.
Tenn. Code Ann. § 8-13-105 — TN Code / Title 8 / Chapter 13 / Section 8-13-105
Deputies - Appointment - Death, resignation or removal of register
Status: in_force

The register may appoint a deputy or deputies and, in case of the principal's death, resignation or removal, the principal deputy shall continue to act until an appointment shall be made to fill the vacancy, in the manner prescribed by law. All deeds registered by deputies are declared to be validly registered. Code 1858, § 452 (deriv. Acts 1851-1852, ch. 48, § 2; 1851-1852, ch. 175, § 4); Acts 1859-1860, ch. 91, § 4; Shan., §§564, 565; mod. Code 1932, §§ 813, 814; T.C.A. (orig. ed.), §8-1305; Acts 1993, ch. 315, § 18.
The register may appoint a deputy or deputies and, in case of the principal's death, resignation or removal, the principal deputy shall continue to act until an appointment shall be made to fill the vacancy, in the manner prescribed by law. All deeds registered by deputies are declared to be validly registered.
Code 1858, § 452 (deriv. Acts 1851-1852, ch. 48, § 2; 1851-1852, ch. 175, § 4); Acts 1859-1860, ch. 91, § 4; Shan., §§564, 565; mod. Code 1932, §§ 813, 814; T.C.A. (orig. ed.), §8-1305; Acts 1993, ch. 315, § 18.
Tenn. Code Ann. § 8-7-502 — TN Code / Title 8 / Chapter 7 / Section 8-7-502
Jurisdiction over misconduct
Status: in_force

It is the legislative intent that any misconduct by a district attorney general before the grand jury shall be subject to the jurisdiction of the board of professional responsibility established by Supreme Court Rule 9. Acts 1981, ch. 419, § 2.
It is the legislative intent that any misconduct by a district attorney general before the grand jury shall be subject to the jurisdiction of the board of professional responsibility established by Supreme Court Rule 9.
Acts 1981, ch. 419, § 2.
Tenn. Code Ann. § 8-36-121 — TN Code / Title 8 / Chapter 36 / Section 8-36-121
Nomination of beneficiaries - Method - Distribution among multiple beneficiaries - Retirement
Status: in_force

(a) A member's nomination of a person as beneficiary to receive payments under chapters 34-37 of this title shall be made by the member in writing, duly executed and filed with the retirement division. (b) Except as provided in subsection (f), a member may change such member's nomination at any time by a similar written designation. (c) Prior to filing an application for retirement benefits, a member may name more than one (1) person as beneficiary. By doing so, benefits are payable in a lump sum and are not payable under § 8-36-108 , § 8-36-109 or part 6 of this chapter, unless the member's surviving spouse is one of the beneficiaries named. If the member's surviving spouse is named, the spouse shall be entitled to receive any retirement allowance which would otherwise have been payable had the surviving spouse been named the sole beneficiary. If the named surviving spouse elects to receive a retirement allowance, no benefits shall be paid to the remaining beneficiaries. If the named surviving spouse elects to receive the lump sum payment provided herein, the payment shall be distributed in equal proportions among the named surviving spouse and the other surviving beneficiaries. For purposes of this section, "person" means any individual, firm, organization, partnership, association, corporation, estate or trust. (d) Amounts payable to multiple beneficiaries shall be distributed in equal proportions among the surviving beneficiaries. (e) Notwithstanding this section or any other law to the contrary, if a member has not nominated a beneficiary in the manner provided in subsection (a), then at the member's death, the member's surviving spouse shall be deemed the member's beneficiary and the spouse shall be entitled to receive any payments that would otherwise have been payable under chapters 34-37 of this title had the surviving spouse been named the beneficiary. If no such surviving spouse exists upon the member's death, then any lump sum payment due shall be made in accordance with § 8-36-120 . (f) Upon retirement, the member shall designate only one (1) person as beneficiary. The designation of beneficiary on the application for retirement shall supersede the designation of all previous beneficiaries, and may not be changed or revoked, except as provided in part 6 of this chapter. Acts 1991, ch. 378, § 3; 1995, ch. 164, § 9; 1999, ch. 79, § 5; 2005, ch. 204, §§ 10, 11.
(a) A member's nomination of a person as beneficiary to receive payments under chapters 34-37 of this title shall be made by the member in writing, duly executed and filed with the retirement division.
(b) Except as provided in subsection (f), a member may change such member's nomination at any time by a similar written designation.
(c) Prior to filing an application for retirement benefits, a member may name more than one (1) person as beneficiary. By doing so, benefits are payable in a lump sum and are not payable under § 8-36-108 , § 8-36-109 or part 6 of this chapter, unless the member's surviving spouse is one of the beneficiaries named. If the member's surviving spouse is named, the spouse shall be entitled to receive any retirement allowance which would otherwise have been payable had the surviving spouse been named the sole beneficiary. If the named surviving spouse elects to receive a retirement allowance, no benefits shall be paid to the remaining beneficiaries. If the named surviving spouse elects to receive the lump sum payment provided herein, the payment shall be distributed in equal proportions among the named surviving spouse and the other surviving beneficiaries. For purposes of this section, "person" means any individual, firm, organization, partnership, association, corporation, estate or trust.
(d) Amounts payable to multiple beneficiaries shall be distributed in equal proportions among the surviving beneficiaries.
(e) Notwithstanding this section or any other law to the contrary, if a member has not nominated a beneficiary in the manner provided in subsection (a), then at the member's death, the member's surviving spouse shall be deemed the member's beneficiary and the spouse shall be entitled to receive any payments that would otherwise have been payable under chapters 34-37 of this title had the surviving spouse been named the beneficiary. If no such surviving spouse exists upon the member's death, then any lump sum payment due shall be made in accordance with § 8-36-120 .
(f) Upon retirement, the member shall designate only one (1) person as beneficiary. The designation of beneficiary on the application for retirement shall supersede the designation of all previous beneficiaries, and may not be changed or revoked, except as provided in part 6 of this chapter.
Acts 1991, ch. 378, § 3; 1995, ch. 164, § 9; 1999, ch. 79, § 5; 2005, ch. 204, §§ 10, 11.
Tenn. Code Ann. § 8-27-907 — TN Code / Title 8 / Chapter 27 / Section 8-27-907
Limitations
Status: in_force

If a plan participant initiates suit against a plan or administrator for any action taken on behalf of the plan with respect to benefits under the plan, recovery is limited to accrued benefits due under the terms of the plan, a declaratory judgment on entitled-to benefits, or an injunction against a plan's or administrator's improper refusal to pay benefits. Relief under this section does not include damages, but it may include reasonable attorney's fees. Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
If a plan participant initiates suit against a plan or administrator for any action taken on behalf of the plan with respect to benefits under the plan, recovery is limited to accrued benefits due under the terms of the plan, a declaratory judgment on entitled-to benefits, or an injunction against a plan's or administrator's improper refusal to pay benefits. Relief under this section does not include damages, but it may include reasonable attorney's fees.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
Tenn. Code Ann. § 8-36-715 — TN Code / Title 8 / Chapter 36 / Section 8-36-715
Increase in retirement allowance for retired teachers, wildlife officers, state police officers, firefighters, police officers and general employees
Status: in_force

(a) (1) The retirement allowance of each retired teacher, wildlife officer, state police officer, firefighter, police officer and general employee shall be increased effective January 1, 2007, in accordance with the following schedule: Date of Retirement Percentage Increase prior to 7/2/75 .................... 10.0% 7/2/75 - 7/1/77.................... 7.5% 7/2/77 - 7/1/79.................... 6.0% 7/2/79 - 7/1/81.................... 3.0% 7/2/81 - 7/1/83.................... 1.2% 7/2/83 - 7/1/85.................... 0.9% 7/2/85 - 7/1/87.................... 0.5% 7/2/87 - 7/1/89.................... 0.3% (2) The increase provided in subdivision (a)(1) shall be in addition to any other increase in retirement benefits provided by this part and shall not be paid retroactively, but shall become effective on January 1, 2007. (b) As used in this section, "teacher" and "general employee" mean any retired teacher and any retired general employee, as defined in § 8-34-101 , and any former teacher or state employee receiving benefits under chapter 39, part 1 of this title. (c) Sections 8-36-102 and 8-36-208(a) shall not be construed to prevent any increase in the retirement allowance of a retiree when the increase is in accordance with this section. (d) Notwithstanding any law to the contrary, this section shall not apply to individuals who are members of the retirement system by virtue of their employment with any employer participating in the retirement system pursuant to chapter 35, part 2 of this title, unless the governing body of the employer passes a resolution to accept the associated liability and costs to provide the benefits. This increase in benefits shall become effective following the adoption of the resolution. No retroactive benefits are to be paid under this subsection (d). It is the legislative intent that the state shall realize no increased cost as a result of providing the increase to employees of employers participating in the retirement system pursuant to chapter 35, part 2 of this title. All costs associated with the increase shall be the responsibility of the respective employer. (e) (1) (A) On July 1, 2006, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(4)(A) shall be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined; provided, however, that the first adjustment under this subdivision (e)(1) shall occur on November 7, 2006, and on each July 1 thereafter, in accordance with this subdivision (e)(1), for persons who are in service on July 1, 2006. (B) On July 1, 2025, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(5)(A) must be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined. (2) Any beneficiary of any benefit provided to a member of the general assembly pursuant to subdivision (e)(1) may elect to receive an amount less than the amount that member is eligible to receive; provided, that the request is in writing and irrevocable. Amended by 2023 Tenn. Acts, ch. 407, s 5, eff. 5/11/2023. Acts 2006, ch. 982, § 5.
(a) (1) The retirement allowance of each retired teacher, wildlife officer, state police officer, firefighter, police officer and general employee shall be increased effective January 1, 2007, in accordance with the following schedule: Date of Retirement Percentage Increase prior to 7/2/75 .................... 10.0% 7/2/75 - 7/1/77.................... 7.5% 7/2/77 - 7/1/79.................... 6.0% 7/2/79 - 7/1/81.................... 3.0% 7/2/81 - 7/1/83.................... 1.2% 7/2/83 - 7/1/85.................... 0.9% 7/2/85 - 7/1/87.................... 0.5% 7/2/87 - 7/1/89.................... 0.3% (2) The increase provided in subdivision (a)(1) shall be in addition to any other increase in retirement benefits provided by this part and shall not be paid retroactively, but shall become effective on January 1, 2007.
(1) The retirement allowance of each retired teacher, wildlife officer, state police officer, firefighter, police officer and general employee shall be increased effective January 1, 2007, in accordance with the following schedule: Date of Retirement Percentage Increase prior to 7/2/75 .................... 10.0% 7/2/75 - 7/1/77.................... 7.5% 7/2/77 - 7/1/79.................... 6.0% 7/2/79 - 7/1/81.................... 3.0% 7/2/81 - 7/1/83.................... 1.2% 7/2/83 - 7/1/85.................... 0.9% 7/2/85 - 7/1/87.................... 0.5% 7/2/87 - 7/1/89.................... 0.3%
Date of Retirement Percentage Increase prior to 7/2/75 .................... 10.0% 7/2/75 - 7/1/77.................... 7.5% 7/2/77 - 7/1/79.................... 6.0% 7/2/79 - 7/1/81.................... 3.0% 7/2/81 - 7/1/83.................... 1.2% 7/2/83 - 7/1/85.................... 0.9% 7/2/85 - 7/1/87.................... 0.5% 7/2/87 - 7/1/89.................... 0.3%
Date of Retirement
Percentage Increase
prior to 7/2/75 ....................
10.0%
7/2/75 - 7/1/77....................
7.5%
7/2/77 - 7/1/79....................
6.0%
7/2/79 - 7/1/81....................
3.0%
7/2/81 - 7/1/83....................
1.2%
7/2/83 - 7/1/85....................
0.9%
7/2/85 - 7/1/87....................
0.5%
7/2/87 - 7/1/89....................
0.3%
(2) The increase provided in subdivision (a)(1) shall be in addition to any other increase in retirement benefits provided by this part and shall not be paid retroactively, but shall become effective on January 1, 2007.
(b) As used in this section, "teacher" and "general employee" mean any retired teacher and any retired general employee, as defined in § 8-34-101 , and any former teacher or state employee receiving benefits under chapter 39, part 1 of this title.
(c) Sections 8-36-102 and 8-36-208(a) shall not be construed to prevent any increase in the retirement allowance of a retiree when the increase is in accordance with this section.
(d) Notwithstanding any law to the contrary, this section shall not apply to individuals who are members of the retirement system by virtue of their employment with any employer participating in the retirement system pursuant to chapter 35, part 2 of this title, unless the governing body of the employer passes a resolution to accept the associated liability and costs to provide the benefits. This increase in benefits shall become effective following the adoption of the resolution. No retroactive benefits are to be paid under this subsection (d). It is the legislative intent that the state shall realize no increased cost as a result of providing the increase to employees of employers participating in the retirement system pursuant to chapter 35, part 2 of this title. All costs associated with the increase shall be the responsibility of the respective employer.
(e) (1) (A) On July 1, 2006, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(4)(A) shall be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined; provided, however, that the first adjustment under this subdivision (e)(1) shall occur on November 7, 2006, and on each July 1 thereafter, in accordance with this subdivision (e)(1), for persons who are in service on July 1, 2006. (B) On July 1, 2025, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(5)(A) must be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined. (2) Any beneficiary of any benefit provided to a member of the general assembly pursuant to subdivision (e)(1) may elect to receive an amount less than the amount that member is eligible to receive; provided, that the request is in writing and irrevocable.
(1) (A) On July 1, 2006, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(4)(A) shall be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined; provided, however, that the first adjustment under this subdivision (e)(1) shall occur on November 7, 2006, and on each July 1 thereafter, in accordance with this subdivision (e)(1), for persons who are in service on July 1, 2006. (B) On July 1, 2025, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(5)(A) must be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined.
(A) On July 1, 2006, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(4)(A) shall be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined; provided, however, that the first adjustment under this subdivision (e)(1) shall occur on November 7, 2006, and on each July 1 thereafter, in accordance with this subdivision (e)(1), for persons who are in service on July 1, 2006.
(B) On July 1, 2025, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(5)(A) must be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined.
(2) Any beneficiary of any benefit provided to a member of the general assembly pursuant to subdivision (e)(1) may elect to receive an amount less than the amount that member is eligible to receive; provided, that the request is in writing and irrevocable.
Amended by 2023 Tenn. Acts, ch. 407, s 5, eff. 5/11/2023.
Acts 2006, ch. 982, § 5.
Tenn. Code Ann. § 8-19-408 — TN Code / Title 8 / Chapter 19 / Section 8-19-408
Contribution between sureties of different bonds
Status: in_force

The sureties on either bond, who have been compelled to make any payments thereon for the principal obligor, have the same remedies against the sureties on all the bonds, executed at the time of the default, as cosureties on the same bond have against each other, the damages being properly proportioned according to the penalty of the several bonds. Code 1858, § 784; Shan., § 1105; Code 1932, § 1847; T.C.A. (orig. ed.), § 8-1942.
The sureties on either bond, who have been compelled to make any payments thereon for the principal obligor, have the same remedies against the sureties on all the bonds, executed at the time of the default, as cosureties on the same bond have against each other, the damages being properly proportioned according to the penalty of the several bonds.
Code 1858, § 784; Shan., § 1105; Code 1932, § 1847; T.C.A. (orig. ed.), § 8-1942.
Tenn. Code Ann. § 8-38-120 — TN Code / Title 8 / Chapter 38 / Section 8-38-120
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 170, s 14, eff. 4/16/2013. Acts 1951, ch. 90, § 6 (Williams, § 1034.69); T.C.A. (orig. ed.), § 8-3820; Acts 1985, ch. 66, § 14.
Repealed by 2013 Tenn. Acts, ch. 170, s 14, eff. 4/16/2013.
Acts 1951, ch. 90, § 6 (Williams, § 1034.69); T.C.A. (orig. ed.), § 8-3820; Acts 1985, ch. 66, § 14.
Tenn. Code Ann. § 8-30-107 — TN Code / Title 8 / Chapter 30 / Section 8-30-107
Compliance with chapter - Penalty
Status: in_force

(a) All officers and employees of the state shall comply with this chapter and the rules, regulations and orders established pursuant to this chapter, unless a specific exemption applies. (b) A state officer or employee who fails to comply with any provision of this chapter or with any rule, regulation or order thereunder commits a Class C misdemeanor. Acts 2012, ch. 800, § 8.
(a) All officers and employees of the state shall comply with this chapter and the rules, regulations and orders established pursuant to this chapter, unless a specific exemption applies.
(b) A state officer or employee who fails to comply with any provision of this chapter or with any rule, regulation or order thereunder commits a Class C misdemeanor.
Acts 2012, ch. 800, § 8.
Tenn. Code Ann. § 8-39-101 — TN Code / Title 8 / Chapter 39 / Section 8-39-101
Eligibility of state employees
Status: in_force

All employees of the state of Tennessee who were employed by the state prior to July 1, 1947, for not less than eight (8) years and have reached sixty-five (65) years of age and who are not otherwise covered by any other retirement system administered by the state, shall be entitled to benefits as provided for in this part. Acts 1974 ch. 714, § 4; T.C.A., § 49-1311(a).
All employees of the state of Tennessee who were employed by the state prior to July 1, 1947, for not less than eight (8) years and have reached sixty-five (65) years of age and who are not otherwise covered by any other retirement system administered by the state, shall be entitled to benefits as provided for in this part.
Acts 1974 ch. 714, § 4; T.C.A., § 49-1311(a).
Tenn. Code Ann. § 8-34-710 — TN Code / Title 8 / Chapter 34 / Section 8-34-710
Transfer of assets from superseded systems
Status: in_force

(a) As of July 1, 1972, all of the assets of each superseded system shall be transferred to the credit of the retirement system established by chapters 34-37 of this title. (b) Thereafter, the managing boards of the superseded systems shall have no further power to hold or invest such assets, and the board of trustees of the retirement system shall be the trustees of such assets, with all of the powers provided by chapter 37, part 1 of this title. (c) The contributions made by each member of a superseded system to that system, together with the interest credited thereon in accordance with the superseded system, shall be credited to the member's individual account in the members' fund. (d) The remaining assets of the superseded systems shall be credited to the state accumulation fund. Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(1).
(a) As of July 1, 1972, all of the assets of each superseded system shall be transferred to the credit of the retirement system established by chapters 34-37 of this title.
(b) Thereafter, the managing boards of the superseded systems shall have no further power to hold or invest such assets, and the board of trustees of the retirement system shall be the trustees of such assets, with all of the powers provided by chapter 37, part 1 of this title.
(c) The contributions made by each member of a superseded system to that system, together with the interest credited thereon in accordance with the superseded system, shall be credited to the member's individual account in the members' fund.
(d) The remaining assets of the superseded systems shall be credited to the state accumulation fund.
Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(1).
Tenn. Code Ann. § 8-13-112 — TN Code / Title 8 / Chapter 13 / Section 8-13-112
Seal of office
Status: in_force

The county registers in the various counties may have official seals, which must contain the words, "Register's Office of ______________ (the name of county) County.". Amended by 2022 Tenn. Acts, ch. 691, s 1, eff. 3/28/2022. Acts 1949, ch. 51, §§ 1, 2; C. Supp. 1950, § 812.1 (Williams, § 815.1); T.C.A. (orig. ed.), § 8-1312.
The county registers in the various counties may have official seals, which must contain the words, "Register's Office of ______________ (the name of county) County.".
Amended by 2022 Tenn. Acts, ch. 691, s 1, eff. 3/28/2022.
Acts 1949, ch. 51, §§ 1, 2; C. Supp. 1950, § 812.1 (Williams, § 815.1); T.C.A. (orig. ed.), § 8-1312.
Tenn. Code Ann. § 8-16-121 — TN Code / Title 8 / Chapter 16 / Section 8-16-121
Depositions taken by notaries public of other states
Status: in_force

A notary public, duly and lawfully commissioned by the proper authorities of another state and empowered by the law of such state to take depositions, is authorized to take depositions to be used in the courts of this state, upon the same terms that are provided for the taking of depositions by other officials in such states. But the certificate of such notary shall show the date of the commencement and expiration of the commission under which the notary may be acting. Acts 1885, ch. 11, §§ 1, 2; Shan., § 3197; Code 1932, § 5897; T.C.A. (orig. ed.), § 8-1627; T.C.A. § 8-16-309 ; Acts 2004, ch. 854, § 18.
A notary public, duly and lawfully commissioned by the proper authorities of another state and empowered by the law of such state to take depositions, is authorized to take depositions to be used in the courts of this state, upon the same terms that are provided for the taking of depositions by other officials in such states. But the certificate of such notary shall show the date of the commencement and expiration of the commission under which the notary may be acting.
Acts 1885, ch. 11, §§ 1, 2; Shan., § 3197; Code 1932, § 5897; T.C.A. (orig. ed.), § 8-1627; T.C.A. § 8-16-309 ; Acts 2004, ch. 854, § 18.
Tenn. Code Ann. § 8-25-105 — TN Code / Title 8 / Chapter 25 / Section 8-25-105
Investment of funds from program
Status: in_force

(a) Notwithstanding any other law to the contrary, the chair of the consolidated retirement board, and the appropriately designated local officer or local board responsible for implementing a deferred compensation program are hereby authorized to invest the moneys held pursuant to any such deferred compensation plan in investment options that meet the requirements of the Internal Revenue Code. (b) It is the intent of the general assembly that a variety of investment options be offered to participants in the plan, which may include one (1) or more commingled funds in which assets in the custody of the state treasurer that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts, custodial accounts, retirement income accounts, governmental plans and tax-exempt trusts under the Internal Revenue Code of 1986 and Rev. Rul. 81-100, as modified by Rev. Ruls. 2004-67, 2008-40 and 2011-1 are pooled, solely for investment purposes, in a common or group trust fund. The assets so invested shall be subject to all the provisions of the group trust instruments establishing and governing such trust or trusts. Those instruments of group trusts, including any subsequent amendments, are hereby incorporated by reference and made a part of the plan. Amended by 2018 Tenn. Acts, ch. 576, s 7, eff. 3/16/2018. Amended by 2014 Tenn. Acts, ch. 659, s 2, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 259, s 2, eff. 7/1/2014. Acts 1973, ch. 359, § 5; T.C.A., § 8-4305; Acts 1980, ch. 562, § 2; 1983, ch. 282, § 3; 1993, ch. 67, § 8; 2006, ch. 870, § 2; 2009 , ch. 142, § 10.
(a) Notwithstanding any other law to the contrary, the chair of the consolidated retirement board, and the appropriately designated local officer or local board responsible for implementing a deferred compensation program are hereby authorized to invest the moneys held pursuant to any such deferred compensation plan in investment options that meet the requirements of the Internal Revenue Code.
(b) It is the intent of the general assembly that a variety of investment options be offered to participants in the plan, which may include one (1) or more commingled funds in which assets in the custody of the state treasurer that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts, custodial accounts, retirement income accounts, governmental plans and tax-exempt trusts under the Internal Revenue Code of 1986 and Rev. Rul. 81-100, as modified by Rev. Ruls. 2004-67, 2008-40 and 2011-1 are pooled, solely for investment purposes, in a common or group trust fund. The assets so invested shall be subject to all the provisions of the group trust instruments establishing and governing such trust or trusts. Those instruments of group trusts, including any subsequent amendments, are hereby incorporated by reference and made a part of the plan.
Amended by 2018 Tenn. Acts, ch. 576, s 7, eff. 3/16/2018.
Amended by 2014 Tenn. Acts, ch. 659, s 2, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 259, s 2, eff. 7/1/2014.
Acts 1973, ch. 359, § 5; T.C.A., § 8-4305; Acts 1980, ch. 562, § 2; 1983, ch. 282, § 3; 1993, ch. 67, § 8; 2006, ch. 870, § 2; 2009 , ch. 142, § 10.
Tenn. Code Ann. § 8-35-408 — TN Code / Title 8 / Chapter 35 / Section 8-35-408
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015. Acts 1972, ch. 814, § 12; 1978, ch. 740, § 2; T.C.A., § 8-3936(h).
Repealed by 2015 Tenn. Acts, ch. 118, s 7, eff. 4/10/2015.
Acts 1972, ch. 814, § 12; 1978, ch. 740, § 2; T.C.A., § 8-3936(h).
Tenn. Code Ann. § 8-27-701 — TN Code / Title 8 / Chapter 27 / Section 8-27-701
Local government insurance committee created - Members - Alternative representative
Status: in_force

(a) There is created a local government insurance committee, to be composed of the commissioner of finance and administration, the comptroller of the treasury, the state treasurer, a member to be appointed by the Tennessee Municipal League, and a member to be appointed by the Tennessee County Services Association. (b) The commissioner, the comptroller of the treasury, and the state treasurer are authorized to designate an alternate representative to attend, participate, and vote at meetings of the local government insurance committee when that respective member is unable to attend. The designation shall be made in writing to the chair of the local government insurance committee. (c) For purposes of this part, "local government insurance committee" means the local government insurance committee created by subsection (a). Amended by 2015 Tenn. Acts, ch. 426,s 4, eff. 5/18/2015. Acts 1988, ch. 986, § 1; 1992, ch. 955, § 1; 1997, ch. 513, § 7.
(a) There is created a local government insurance committee, to be composed of the commissioner of finance and administration, the comptroller of the treasury, the state treasurer, a member to be appointed by the Tennessee Municipal League, and a member to be appointed by the Tennessee County Services Association.
(b) The commissioner, the comptroller of the treasury, and the state treasurer are authorized to designate an alternate representative to attend, participate, and vote at meetings of the local government insurance committee when that respective member is unable to attend. The designation shall be made in writing to the chair of the local government insurance committee.
(c) For purposes of this part, "local government insurance committee" means the local government insurance committee created by subsection (a).
Amended by 2015 Tenn. Acts, ch. 426,s 4, eff. 5/18/2015.
Acts 1988, ch. 986, § 1; 1992, ch. 955, § 1; 1997, ch. 513, § 7.
Tenn. Code Ann. § 8-30-313 — TN Code / Title 8 / Chapter 30 / Section 8-30-313
Performance standards and expected outcomes - Job performance evaluations
Status: in_force

(a) In cooperation with appointing authorities, the commissioner shall establish, and may periodically amend: (1) The standards of performance for employees; (2) The expected outcomes for employees; and (3) A system of job performance evaluations based upon the standards described in subdivisions (a)(1) and (2). (b) Employee performance standards and expected outcomes must be specific, measurable, achievable, relevant to the strategic objective of the employee's state agency or division, and time sensitive. (c) Each appointing authority shall, at periodic intervals (but at least annually), make, and report to the commissioner, job performance evaluations for the employees in the appointing authority's department or state agency. Upon request by the commissioner, the appointing authority shall provide the information on which the appointing authority relied in evaluating job performance. (d) The performance evaluations of state service employees shall not be considered public records under § 10-7-503 . Nothing in this subsection (d) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions. (e) Job performance evaluations may be used as follows: (1) To determine salary increases and decreases within the limits established by the compensation plan developed under this chapter; (2) As a factor in making or denying promotions; and (3) As a means of determining employees: (A) Who are candidates for promotion or transfer; or (B) Who, because of a low job performance evaluation, are candidates for demotion, dismissal or reduction in force. (f) In the process of establishing the system of job performance evaluations, the department shall afford representatives of recognized employee groups an opportunity to present facts, views or arguments related to the proposed system of job performance evaluations. Amended by 2020 Tenn. Acts, ch. 711, s 4, eff. 6/15/2020. Amended by 2013 Tenn. Acts, ch. 236, s 65, eff. 4/19/2013. Acts 2012 , ch. 800, § 34.
(a) In cooperation with appointing authorities, the commissioner shall establish, and may periodically amend: (1) The standards of performance for employees; (2) The expected outcomes for employees; and (3) A system of job performance evaluations based upon the standards described in subdivisions (a)(1) and (2).
(1) The standards of performance for employees;
(2) The expected outcomes for employees; and
(3) A system of job performance evaluations based upon the standards described in subdivisions (a)(1) and (2).
(b) Employee performance standards and expected outcomes must be specific, measurable, achievable, relevant to the strategic objective of the employee's state agency or division, and time sensitive.
(c) Each appointing authority shall, at periodic intervals (but at least annually), make, and report to the commissioner, job performance evaluations for the employees in the appointing authority's department or state agency. Upon request by the commissioner, the appointing authority shall provide the information on which the appointing authority relied in evaluating job performance.
(d) The performance evaluations of state service employees shall not be considered public records under § 10-7-503 . Nothing in this subsection (d) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
(e) Job performance evaluations may be used as follows: (1) To determine salary increases and decreases within the limits established by the compensation plan developed under this chapter; (2) As a factor in making or denying promotions; and (3) As a means of determining employees: (A) Who are candidates for promotion or transfer; or (B) Who, because of a low job performance evaluation, are candidates for demotion, dismissal or reduction in force.
(1) To determine salary increases and decreases within the limits established by the compensation plan developed under this chapter;
(2) As a factor in making or denying promotions; and
(3) As a means of determining employees: (A) Who are candidates for promotion or transfer; or (B) Who, because of a low job performance evaluation, are candidates for demotion, dismissal or reduction in force.
(A) Who are candidates for promotion or transfer; or
(B) Who, because of a low job performance evaluation, are candidates for demotion, dismissal or reduction in force.
(f) In the process of establishing the system of job performance evaluations, the department shall afford representatives of recognized employee groups an opportunity to present facts, views or arguments related to the proposed system of job performance evaluations.
Amended by 2020 Tenn. Acts, ch. 711, s 4, eff. 6/15/2020.
Amended by 2013 Tenn. Acts, ch. 236, s 65, eff. 4/19/2013.
Acts 2012 , ch. 800, § 34.
Tenn. Code Ann. § 8-22-109 — TN Code / Title 8 / Chapter 22 / Section 8-22-109
Credit for expenses paid
Status: in_force

(a) Each officer shall be entitled to credit on the officer's settlement with the county trustee for all moneys paid by the officer for salaries, including the officer's own, and for the premiums on the officer's official bonds, if the officer executed such bonds with a surety company as surety, and for other necessary office expenses, such as the preparation of transcripts of records and the like, in the conduct of the office; provided, that such officer shall produce an itemized statement evidencing such expenditures. But the payment or allowance of any salary or expense statement shall in no way prejudice or preclude the disallowance of any one (1) or more items found to be improperly included in any of the statements, when the same has been audited, nor shall it relieve such officer from refunding to the county all such items so improperly included. (b) Among the items of expense which the clerks of the circuit and criminal courts and clerks and masters of the chancery courts shall be allowed in their settlements with the county mayors are such expenditures out of excess fees as the judges of such courts shall authorize for office equipment and supplies for their respective clerks; provided, that this subsection (b) does not apply to counties in this state having a population of not less than two hundred thousand (200,000), according to the federal census of 1960 or any subsequent federal census. Acts 1921, ch. 101, § 9; Shan. Supp., § 6428a46; Code 1932, § 10735; Acts 1961, ch. 172, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 8-2209; Acts 2003, ch. 90, § 2.
(a) Each officer shall be entitled to credit on the officer's settlement with the county trustee for all moneys paid by the officer for salaries, including the officer's own, and for the premiums on the officer's official bonds, if the officer executed such bonds with a surety company as surety, and for other necessary office expenses, such as the preparation of transcripts of records and the like, in the conduct of the office; provided, that such officer shall produce an itemized statement evidencing such expenditures. But the payment or allowance of any salary or expense statement shall in no way prejudice or preclude the disallowance of any one (1) or more items found to be improperly included in any of the statements, when the same has been audited, nor shall it relieve such officer from refunding to the county all such items so improperly included.
(b) Among the items of expense which the clerks of the circuit and criminal courts and clerks and masters of the chancery courts shall be allowed in their settlements with the county mayors are such expenditures out of excess fees as the judges of such courts shall authorize for office equipment and supplies for their respective clerks; provided, that this subsection (b) does not apply to counties in this state having a population of not less than two hundred thousand (200,000), according to the federal census of 1960 or any subsequent federal census.
Acts 1921, ch. 101, § 9; Shan. Supp., § 6428a46; Code 1932, § 10735; Acts 1961, ch. 172, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 8-2209; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 8-1-101 — TN Code / Title 8 / Chapter 1 / Section 8-1-101
Date governor's oath of office taken
Status: in_force

The governor shall take the oath of office on the first Saturday following the fourteenth day of January next following the governor's election, after the commencement of the organizational session of the general assembly as established by the Constitution of Tennessee, Article II, § 8. Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017. Acts 1979, ch. 355, § 1.
The governor shall take the oath of office on the first Saturday following the fourteenth day of January next following the governor's election, after the commencement of the organizational session of the general assembly as established by the Constitution of Tennessee, Article II, § 8.
Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017.
Acts 1979, ch. 355, § 1.
Tenn. Code Ann. § 8-21-405 — TN Code / Title 8 / Chapter 21 / Section 8-21-405
Auctioneer expense
Status: in_force

If the clerk employs an auctioneer or other person to cry the sale of property, it shall be at the clerk's own expense. Code 1858, § 4554; Shan., § 6392; Code 1932, § 10696; T.C.A. (orig. ed.), § 8-2119.
If the clerk employs an auctioneer or other person to cry the sale of property, it shall be at the clerk's own expense.
Code 1858, § 4554; Shan., § 6392; Code 1932, § 10696; T.C.A. (orig. ed.), § 8-2119.
Tenn. Code Ann. § 8-11-113 — TN Code / Title 8 / Chapter 11 / Section 8-11-113
Qualifications for office
Status: in_force

To qualify for the office of trustee, a person must be a qualified voter of the county and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for trustee. Added by 2022 Tenn. Acts, ch. 809,s 3, eff. 9/1/2022.
To qualify for the office of trustee, a person must be a qualified voter of the county and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for trustee.
Added by 2022 Tenn. Acts, ch. 809,s 3, eff. 9/1/2022.
Tenn. Code Ann. § 8-23-207 — TN Code / Title 8 / Chapter 23 / Section 8-23-207
Rights and benefits of employees of boards, commissions and agencies
Status: in_force

Effective July 1, 2002, any self-sustaining board, commission or agency created by the supreme court of Tennessee shall be deemed a state agency and all employees of such boards, commissions or agencies shall be deemed state employees and shall be entitled to the same rights and benefits enjoyed by other state employees. Except as otherwise provided in this title, any payments or benefit accruals that would have been payable to or accrued by such employees had they been deemed state employees prior to July 1, 2002, shall not apply retroactively but shall apply for periods commencing after June 30, 2002. Acts 2002, ch. 863, § 16.
Effective July 1, 2002, any self-sustaining board, commission or agency created by the supreme court of Tennessee shall be deemed a state agency and all employees of such boards, commissions or agencies shall be deemed state employees and shall be entitled to the same rights and benefits enjoyed by other state employees. Except as otherwise provided in this title, any payments or benefit accruals that would have been payable to or accrued by such employees had they been deemed state employees prior to July 1, 2002, shall not apply retroactively but shall apply for periods commencing after June 30, 2002.
Acts 2002, ch. 863, § 16.
Tenn. Code Ann. § 8-7-111 — TN Code / Title 8 / Chapter 7 / Section 8-7-111
Special personnel for expedition of post-conviction proceedings in capital cases
Status: in_force

The district attorney general is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period. Acts 1993, ch. 472, § 2.
The district attorney general is authorized to employ, reassign, or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract, or expenditures under this authority extend beyond a two-year period.
Acts 1993, ch. 472, § 2.
Tenn. Code Ann. § 8-25-212 — TN Code / Title 8 / Chapter 25 / Section 8-25-212
Establishment of service in retirement system following receipt of limited lump sum distribution of contributions from optional program - Sum to be paid to retirement system
Status: in_force

Any member of the retirement system who participated in the optional retirement program and received a limited lump sum distribution of contributions pursuant to [former] § 8-25-205(c)(1) [repealed] shall be entitled to establish service and salary credit in the retirement system for the period during which those contributions were made to the member's optional retirement account. To establish service, the member must pay to the retirement system a sum equal to twelve and sixty-five hundredths percent (12.65%) of the member's earnable compensation during the period those contributions were made to the member's optional retirement account, plus interest on that amount at the rate provided in § 8-37-214 . Acts 2015 , ch. 118, § 1.
Any member of the retirement system who participated in the optional retirement program and received a limited lump sum distribution of contributions pursuant to [former] § 8-25-205(c)(1) [repealed] shall be entitled to establish service and salary credit in the retirement system for the period during which those contributions were made to the member's optional retirement account. To establish service, the member must pay to the retirement system a sum equal to twelve and sixty-five hundredths percent (12.65%) of the member's earnable compensation during the period those contributions were made to the member's optional retirement account, plus interest on that amount at the rate provided in § 8-37-214 .
Acts 2015 , ch. 118, § 1.
Tenn. Code Ann. § 8-49-107 — TN Code / Title 8 / Chapter 49 / Section 8-49-107
Delivery of records and property returned on warrant
Status: in_force

Upon any books, papers, or property being brought before such officer, by virtue of such warrant, the officer shall examine and inquire whether the same appertained to the office vacated, in which case the officer shall cause such books, papers, and property to be delivered to the complainant. Code 1858, § 811; Shan., § 1132; Code 1932, § 1873; T.C.A. (orig. ed.), § 8-2907.
Upon any books, papers, or property being brought before such officer, by virtue of such warrant, the officer shall examine and inquire whether the same appertained to the office vacated, in which case the officer shall cause such books, papers, and property to be delivered to the complainant.
Code 1858, § 811; Shan., § 1132; Code 1932, § 1873; T.C.A. (orig. ed.), § 8-2907.
Tenn. Code Ann. § 8-37-601 — TN Code / Title 8 / Chapter 37 / Section 8-37-601
Additional funds for public service commissioners' retirement
Status: in_force

(a) For the purpose of providing funds to aid in meeting the cost of benefits provided by chapters 34-37 of this title for commissioners, there is appropriated to the retirement system annually a sum equal to the amount of employer contributions required on account of commissioners pursuant to part 3 of this chapter. (b) (1) Such appropriation to be paid out of the unexpended balance standing to the credit of the department of safety in the "motor vehicle account" prescribed by § 65-15-112 . (2) The "motor vehicle account" is comprised of the motor carrier inspection, supervision and control fees set forth in § 65-15-112 and of all fines, fees and penalties collected by virtue of title 65, chapter 15, and/or out of the unexpended balance standing to the credit of the department of safety in the "public utilities account" prescribed by § 65-4-307 . (3) The "public utilities account" is comprised of the inspection, control and supervision fees and penalties therein required to be paid to the department of safety by public utilities subject to its control and jurisdiction, as prescribed by §§ 65-4-116 - 65-4-118, and title 65, chapter 4, part 3. (c) Notwithstanding anything herein to the contrary, the funds appropriated by this section shall not exceed four percent (4%) annually of the balance in the motor vehicle account and the public utilities account as of the first day of the preceding fiscal year, together with a like percentage of all moneys paid into those accounts during such preceding fiscal year. Acts 1972, ch. 814, § 8; T.C.A., § 8-3932(e); Acts 1995, ch. 305, § 92.
(a) For the purpose of providing funds to aid in meeting the cost of benefits provided by chapters 34-37 of this title for commissioners, there is appropriated to the retirement system annually a sum equal to the amount of employer contributions required on account of commissioners pursuant to part 3 of this chapter.
(b) (1) Such appropriation to be paid out of the unexpended balance standing to the credit of the department of safety in the "motor vehicle account" prescribed by § 65-15-112 . (2) The "motor vehicle account" is comprised of the motor carrier inspection, supervision and control fees set forth in § 65-15-112 and of all fines, fees and penalties collected by virtue of title 65, chapter 15, and/or out of the unexpended balance standing to the credit of the department of safety in the "public utilities account" prescribed by § 65-4-307 . (3) The "public utilities account" is comprised of the inspection, control and supervision fees and penalties therein required to be paid to the department of safety by public utilities subject to its control and jurisdiction, as prescribed by §§ 65-4-116 - 65-4-118, and title 65, chapter 4, part 3.
(1) Such appropriation to be paid out of the unexpended balance standing to the credit of the department of safety in the "motor vehicle account" prescribed by § 65-15-112 .
(2) The "motor vehicle account" is comprised of the motor carrier inspection, supervision and control fees set forth in § 65-15-112 and of all fines, fees and penalties collected by virtue of title 65, chapter 15, and/or out of the unexpended balance standing to the credit of the department of safety in the "public utilities account" prescribed by § 65-4-307 .
(3) The "public utilities account" is comprised of the inspection, control and supervision fees and penalties therein required to be paid to the department of safety by public utilities subject to its control and jurisdiction, as prescribed by §§ 65-4-116 - 65-4-118, and title 65, chapter 4, part 3.
(c) Notwithstanding anything herein to the contrary, the funds appropriated by this section shall not exceed four percent (4%) annually of the balance in the motor vehicle account and the public utilities account as of the first day of the preceding fiscal year, together with a like percentage of all moneys paid into those accounts during such preceding fiscal year.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3932(e); Acts 1995, ch. 305, § 92.
Tenn. Code Ann. § 8-6-403 — TN Code / Title 8 / Chapter 6 / Section 8-6-403
Civil demands - Service of process
Status: in_force

Service of a civil investigative demand as described in § 8-6-402 must be made by a designated representative of the attorney general and reporter by any means permitted by the Rules of Civil Procedure. Such process must run throughout the United States but does not require any witness to testify in any county other than the witnesses' county of residence or the county where records or tangible objects demanded are found under the witnesses' control. Amended by 2024 Tenn. Acts, ch. 776,s 15, eff. 4/23/2024. Acts 1976, ch. 646, § 3; T.C.A., § 8-632.
Service of a civil investigative demand as described in § 8-6-402 must be made by a designated representative of the attorney general and reporter by any means permitted by the Rules of Civil Procedure. Such process must run throughout the United States but does not require any witness to testify in any county other than the witnesses' county of residence or the county where records or tangible objects demanded are found under the witnesses' control.
Amended by 2024 Tenn. Acts, ch. 776,s 15, eff. 4/23/2024.
Acts 1976, ch. 646, § 3; T.C.A., § 8-632.
Tenn. Code Ann. § 8-36-803 — TN Code / Title 8 / Chapter 36 / Section 8-36-803
Election not to reenroll in retirement system
Status: in_force

Should the reemployed retiree elect not to participate as provided in § 8-36-801 , the retiree shall make no further contributions nor establish any additional service, but, upon final retirement, shall be entitled to the same benefits to which the retiree was entitled before restoration to service. Amended by 2018 Tenn. Acts, ch. 736, s 24, eff. 4/18/2018. Amended by 2016 Tenn. Acts, ch. 962, s 35, eff. 4/27/2016. Acts 1976, ch. 816, § 6; T.C.A., § 8-3922(a).
Should the reemployed retiree elect not to participate as provided in § 8-36-801 , the retiree shall make no further contributions nor establish any additional service, but, upon final retirement, shall be entitled to the same benefits to which the retiree was entitled before restoration to service.
Amended by 2018 Tenn. Acts, ch. 736, s 24, eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 962, s 35, eff. 4/27/2016.
Acts 1976, ch. 816, § 6; T.C.A., § 8-3922(a).
Tenn. Code Ann. § 8-26-103 — TN Code / Title 8 / Chapter 26 / Section 8-26-103
Office expense of appellate court clerks
Status: in_force

All necessary books, stationery, office equipment, stamps and supplies of all kinds used in the conduct of the offices of the clerks of the supreme court and the court of appeals shall be furnished and paid for by the state, without regard to fees collected by the clerks. Acts 1949, ch. 88, § 7; C. Supp. 1950, § 10700.6 (Williams, § 10700.7); modified; T.C.A. (orig. ed.), § 8-2504.
All necessary books, stationery, office equipment, stamps and supplies of all kinds used in the conduct of the offices of the clerks of the supreme court and the court of appeals shall be furnished and paid for by the state, without regard to fees collected by the clerks.
Acts 1949, ch. 88, § 7; C. Supp. 1950, § 10700.6 (Williams, § 10700.7); modified; T.C.A. (orig. ed.), § 8-2504.
Tenn. Code Ann. § 8-5-101 — TN Code / Title 8 / Chapter 5 / Section 8-5-101
Election - Term of office
Status: in_force

There shall be a state treasurer, who shall be elected by the joint vote of both houses of the general assembly, and shall hold office for the term of two (2) years, and until a successor is elected and qualified. Code 1858, §§ 222, 812 (deriv. Acts 1835-1836, ch. 27, §§ 1, 13); Shan., §§ 270, 1136; Code 1932, §§ 214, 1903; modified; T.C.A. (orig. ed.), § 8-501.
There shall be a state treasurer, who shall be elected by the joint vote of both houses of the general assembly, and shall hold office for the term of two (2) years, and until a successor is elected and qualified.
Code 1858, §§ 222, 812 (deriv. Acts 1835-1836, ch. 27, §§ 1, 13); Shan., §§ 270, 1136; Code 1932, §§ 214, 1903; modified; T.C.A. (orig. ed.), § 8-501.
Tenn. Code Ann. § 8-22-106 — TN Code / Title 8 / Chapter 22 / Section 8-22-106
False statements - Felony
Status: in_force

Any officer enumerated in § 8-22-101 who evades the letter or the spirit of chapters 21 and 22 of this title by making or by conspiring with anyone, in any manner, to make a false or incorrect exhibit of receipts, statement of expenses, or statements as to any fact required to be stated by this chapter or chapter 24 of this title under oath, commits a Class E felony. Acts 1921, ch. 101, § 13; Shan. Supp., § 6428a50; Code 1932, § 10739; T.C.A. (orig. ed.), § 8-2206; Acts 1989, ch. 591, § 19.
Any officer enumerated in § 8-22-101 who evades the letter or the spirit of chapters 21 and 22 of this title by making or by conspiring with anyone, in any manner, to make a false or incorrect exhibit of receipts, statement of expenses, or statements as to any fact required to be stated by this chapter or chapter 24 of this title under oath, commits a Class E felony.
Acts 1921, ch. 101, § 13; Shan. Supp., § 6428a50; Code 1932, § 10739; T.C.A. (orig. ed.), § 8-2206; Acts 1989, ch. 591, § 19.
Tenn. Code Ann. § 8-47-125 — TN Code / Title 8 / Chapter 47 / Section 8-47-125
Priority on appeal
Status: in_force

On appeal, such cause shall stand for trial at the first term after such appeal is perfected and filed, and shall have precedence over all civil and criminal cases. Acts 1915, ch. 11, § 13; Shan., § 1135a24; Code 1932, § 1900; T.C.A. (orig. ed.), § 8-2725.
On appeal, such cause shall stand for trial at the first term after such appeal is perfected and filed, and shall have precedence over all civil and criminal cases.
Acts 1915, ch. 11, § 13; Shan., § 1135a24; Code 1932, § 1900; T.C.A. (orig. ed.), § 8-2725.
Tenn. Code Ann. § 8-34-306 — TN Code / Title 8 / Chapter 34 / Section 8-34-306
Chair of the board
Status: in_force

The state treasurer shall be ex officio chair of the board of trustees. Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
The state treasurer shall be ex officio chair of the board of trustees.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
Tenn. Code Ann. § 8-12-111 — TN Code / Title 8 / Chapter 12 / Section 8-12-111
Testing of instruments - Notation of magnetic declination
Status: in_force

It is the duty of the county surveyor and the surveyor's deputies to test their instruments by the meridian line in the counties in which such lines may be established, and to note the variation of the compass, that is, the difference between the magnetic meridian and the true or astronomical meridian, at least once every six (6) months. Acts 1871, ch. 120, §§ 2, 3; Shan., § 543; mod. Code 1932, § 795; T.C.A. (orig. ed.), § 8-1211.
It is the duty of the county surveyor and the surveyor's deputies to test their instruments by the meridian line in the counties in which such lines may be established, and to note the variation of the compass, that is, the difference between the magnetic meridian and the true or astronomical meridian, at least once every six (6) months.
Acts 1871, ch. 120, §§ 2, 3; Shan., § 543; mod. Code 1932, § 795; T.C.A. (orig. ed.), § 8-1211.
Tenn. Code Ann. § 8-25-116 — TN Code / Title 8 / Chapter 25 / Section 8-25-116
Roth contribution features
Status: in_force

(a) The state treasurer, with the approval of the commissioner of finance and administration, may adopt a new feature to one (1) or more of the state's deferred compensation plans, which plans include, but are not limited to, the 401(k), 403(b), and 457(b) plans that would permit state employees, including employees of institutions of higher education, to designate some or all of the employees' contributions as Roth contributions to the plans at the time the contributions are made, in accordance with § 402A of the Internal Revenue Code ( 26 U.S.C. § 402A ). (b) A political subdivision or instrumentality of the state that makes available to its employees a profit sharing or salary reduction plan, including, but not limited to, those approved by the internal revenue service under §§ 401(k) , 403(b) , or 457(b) of the Internal Revenue Code ( 26 U.S.C. § 401(k) ; 26 U.S.C. § 403(b) ; and 26 U.S.C. § 457(b) ), may, by resolution or ordinance of its governing body, adopt a Roth contribution feature to its plan as described in this section. (c) Any Roth contribution feature adopted pursuant to this section must conform to all applicable laws, rules, and regulations of the internal revenue service. Added by 2024 Tenn. Acts, ch. 605,s 6, eff. 3/27/2024.
(a) The state treasurer, with the approval of the commissioner of finance and administration, may adopt a new feature to one (1) or more of the state's deferred compensation plans, which plans include, but are not limited to, the 401(k), 403(b), and 457(b) plans that would permit state employees, including employees of institutions of higher education, to designate some or all of the employees' contributions as Roth contributions to the plans at the time the contributions are made, in accordance with § 402A of the Internal Revenue Code ( 26 U.S.C. § 402A ).
(b) A political subdivision or instrumentality of the state that makes available to its employees a profit sharing or salary reduction plan, including, but not limited to, those approved by the internal revenue service under §§ 401(k) , 403(b) , or 457(b) of the Internal Revenue Code ( 26 U.S.C. § 401(k) ; 26 U.S.C. § 403(b) ; and 26 U.S.C. § 457(b) ), may, by resolution or ordinance of its governing body, adopt a Roth contribution feature to its plan as described in this section.
(c) Any Roth contribution feature adopted pursuant to this section must conform to all applicable laws, rules, and regulations of the internal revenue service.
Added by 2024 Tenn. Acts, ch. 605,s 6, eff. 3/27/2024.
Tenn. Code Ann. § 8-22-111 — TN Code / Title 8 / Chapter 22 / Section 8-22-111
Appropriations for salaries of deputy sheriffs
Status: in_force

(a) The county legislative body, however, has the power, by appropriation made according to law, to pay to deputy sheriffs appointed pursuant to §§ 8-20-103 and [former] 8-20-108 [obsolete], the salary so fixed, direct from the county treasury, within the appropriation made by the county legislative body, irrespective of the legal fees earned by such deputies. In that case, all fees allowed, collected or in any manner received by the deputies will be paid, assigned, transferred and set over to the county, and such fees when received by the deputies, the clerks of the court, the sheriff of the county or by any other person, shall be remitted monthly to the county trustee. (b) No deputy sheriff or other person serving under § 8-20-103 or [former] § 8-20-108 [obsolete] shall claim, hold, or have any interest in any fund for services performed under those sections, this to include any fee or fees which the deputy may be entitled to receive while appearing as a witness in court, either under subpoena or voluntarily. (c) The deputies serving under § 8-20-103 shall make all charges for services performed as now provided by law and will in no event waive, remit, or release any fee for services performed while acting under § 8-20-103 . Acts 1951, ch. 4, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-2211.
(a) The county legislative body, however, has the power, by appropriation made according to law, to pay to deputy sheriffs appointed pursuant to §§ 8-20-103 and [former] 8-20-108 [obsolete], the salary so fixed, direct from the county treasury, within the appropriation made by the county legislative body, irrespective of the legal fees earned by such deputies. In that case, all fees allowed, collected or in any manner received by the deputies will be paid, assigned, transferred and set over to the county, and such fees when received by the deputies, the clerks of the court, the sheriff of the county or by any other person, shall be remitted monthly to the county trustee.
(b) No deputy sheriff or other person serving under § 8-20-103 or [former] § 8-20-108 [obsolete] shall claim, hold, or have any interest in any fund for services performed under those sections, this to include any fee or fees which the deputy may be entitled to receive while appearing as a witness in court, either under subpoena or voluntarily.
(c) The deputies serving under § 8-20-103 shall make all charges for services performed as now provided by law and will in no event waive, remit, or release any fee for services performed while acting under § 8-20-103 .
Acts 1951, ch. 4, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-2211.
Tenn. Code Ann. § 8-37-112 — TN Code / Title 8 / Chapter 37 / Section 8-37-112
Assets - Exclusive purposes
Status: in_force

The assets of the plan shall never inure to the benefit of an employer and shall be held for the exclusive purposes of providing benefits to members and their beneficiaries and defraying reasonable expenses of administering the plan. Added by 2016 Tenn. Acts, ch. 605,s 12, eff. 3/17/2016.
The assets of the plan shall never inure to the benefit of an employer and shall be held for the exclusive purposes of providing benefits to members and their beneficiaries and defraying reasonable expenses of administering the plan.
Added by 2016 Tenn. Acts, ch. 605,s 12, eff. 3/17/2016.
Tenn. Code Ann. § 8-23-104 — TN Code / Title 8 / Chapter 23 / Section 8-23-104
Payment of judicial salaries
Status: in_force

All such salaries shall be payable in monthly installments, by the commissioner of finance and administration, out of the treasury of the state. Acts 1925, ch. 11, § 2; Shan. Supp., § 6373a2; Code 1932, § 10678; impl. am. Acts 1937, ch. 53, §§ 24, 29; C. Supp. 1950, § 10678; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-2304.
All such salaries shall be payable in monthly installments, by the commissioner of finance and administration, out of the treasury of the state.
Acts 1925, ch. 11, § 2; Shan. Supp., § 6373a2; Code 1932, § 10678; impl. am. Acts 1937, ch. 53, §§ 24, 29; C. Supp. 1950, § 10678; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-2304.
Tenn. Code Ann. § 8-36-822 — TN Code / Title 8 / Chapter 36 / Section 8-36-822
Reemployment as teacher, substitute teacher, or bus driver after retirement[Repealed effective 6/30/2025]
Status: repealed

(a) Notwithstanding another law to the contrary, a retired member of the Tennessee consolidated retirement system or of a superseded system, or of a local retirement fund established pursuant to chapter 35, part 3 of this title may be reemployed in a position covered by the retirement system without the loss or suspension of the retired member's Tennessee consolidated retirement system benefits; provided, that the following conditions are met: (1) The retired member is reemployed as a kindergarten through twelfth (K-12) grade teacher as defined in § 8-34-101 , as a kindergarten through twelfth (K-12) grade substitute teacher, or as a kindergarten through twelfth (K-12) grade school bus driver; (2) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement; (3) During the reemployment, the retirement benefit payable to the retired member must be reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive; (4) [Deleted by 2023 amendment.] (5) To fund the liability created by this section, the retired member's new employer shall pay to the Tennessee consolidated retirement system during each period of reemployment the greater of: (A) A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or (B) An amount equal to five percent (5%) of the retired member's pay rate; (6) The retired member is not eligible to accrue additional retirement benefits as a result of the member's reemployment; (7) Upon the reemployment of the retired member, the retired member's new employer shall: (A) Notify the retirement system of the member's reemployment with documents or information required by the retirement system; and (B) [Deleted by 2023 amendment.] (8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title. (b) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 425, s 3, eff. 5/11/2023. Added by 2022 Tenn. Acts, ch. 821, s 1, eff. 7/1/2022.
(a) Notwithstanding another law to the contrary, a retired member of the Tennessee consolidated retirement system or of a superseded system, or of a local retirement fund established pursuant to chapter 35, part 3 of this title may be reemployed in a position covered by the retirement system without the loss or suspension of the retired member's Tennessee consolidated retirement system benefits; provided, that the following conditions are met: (1) The retired member is reemployed as a kindergarten through twelfth (K-12) grade teacher as defined in § 8-34-101 , as a kindergarten through twelfth (K-12) grade substitute teacher, or as a kindergarten through twelfth (K-12) grade school bus driver; (2) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement; (3) During the reemployment, the retirement benefit payable to the retired member must be reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive; (4) [Deleted by 2023 amendment.] (5) To fund the liability created by this section, the retired member's new employer shall pay to the Tennessee consolidated retirement system during each period of reemployment the greater of: (A) A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or (B) An amount equal to five percent (5%) of the retired member's pay rate; (6) The retired member is not eligible to accrue additional retirement benefits as a result of the member's reemployment; (7) Upon the reemployment of the retired member, the retired member's new employer shall: (A) Notify the retirement system of the member's reemployment with documents or information required by the retirement system; and (B) [Deleted by 2023 amendment.] (8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title.
(1) The retired member is reemployed as a kindergarten through twelfth (K-12) grade teacher as defined in § 8-34-101 , as a kindergarten through twelfth (K-12) grade substitute teacher, or as a kindergarten through twelfth (K-12) grade school bus driver;
(2) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement;
(3) During the reemployment, the retirement benefit payable to the retired member must be reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive;
(4) [Deleted by 2023 amendment.]
(5) To fund the liability created by this section, the retired member's new employer shall pay to the Tennessee consolidated retirement system during each period of reemployment the greater of: (A) A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or (B) An amount equal to five percent (5%) of the retired member's pay rate;
(A) A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or
(B) An amount equal to five percent (5%) of the retired member's pay rate;
(6) The retired member is not eligible to accrue additional retirement benefits as a result of the member's reemployment;
(7) Upon the reemployment of the retired member, the retired member's new employer shall: (A) Notify the retirement system of the member's reemployment with documents or information required by the retirement system; and (B) [Deleted by 2023 amendment.]
(A) Notify the retirement system of the member's reemployment with documents or information required by the retirement system; and
(B) [Deleted by 2023 amendment.]
(8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title.
(b) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 425, s 3, eff. 5/11/2023.
Added by 2022 Tenn. Acts, ch. 821, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 8-8-105 — TN Code / Title 8 / Chapter 8 / Section 8-8-105
Replacement of sureties
Status: in_force

The county legislative body shall demand new sureties from the sheriff from time to time if the old sureties die, remove from the county, become insolvent, or otherwise unable to pay, as it, in its discretion, may judge necessary. A failure on the part of the sheriff to comply with such requirement within thirty (30) days shall vacate the office. Code 1858, §§ 372, 373 (deriv. Acts 1839-1840, ch. 63, § 4); Shan., §§ 462, 463; mod. Code 1932, §§ 709, 710; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-805.
The county legislative body shall demand new sureties from the sheriff from time to time if the old sureties die, remove from the county, become insolvent, or otherwise unable to pay, as it, in its discretion, may judge necessary. A failure on the part of the sheriff to comply with such requirement within thirty (30) days shall vacate the office.
Code 1858, §§ 372, 373 (deriv. Acts 1839-1840, ch. 63, § 4); Shan., §§ 462, 463; mod. Code 1932, §§ 709, 710; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-805.
Tenn. Code Ann. § 8-35-311 — TN Code / Title 8 / Chapter 35 / Section 8-35-311
Adoption of provisions of this part by operator of local fund
Status: in_force

Any employer, as herein defined, which operates a local retirement system may adopt any of the provisions of chapters 34-37 of this title in effect on July 1, 1972, and as thereafter amended as modified, as part of the provisions and regulations of such local retirement system. Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(7).
Any employer, as herein defined, which operates a local retirement system may adopt any of the provisions of chapters 34-37 of this title in effect on July 1, 1972, and as thereafter amended as modified, as part of the provisions and regulations of such local retirement system.
Acts 1972, ch. 814, § 9; T.C.A., § 8-3933(7).
Tenn. Code Ann. § 8-34-320 — TN Code / Title 8 / Chapter 34 / Section 8-34-320
Appointment of hearing officer or administrative judge - Appeal proceeding
Status: in_force

(a) The board of trustees is authorized to appoint a hearing officer, who shall be an impartial employee of the Tennessee treasury department, to conduct contested case proceedings pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or to request the appointment of an administrative judge from the office of the secretary of state to conduct the proceedings. (b) If the initial order of the administrative judge is appealed to the board of trustees, the executive committee established in § 8-34-322 shall hear the appeal. Amended by 2015 Tenn. Acts, ch. 421, s 3, eff. 5/8/2015. Acts 1988, ch. 973, § 11; 2008 , ch. 674, § 4.
(a) The board of trustees is authorized to appoint a hearing officer, who shall be an impartial employee of the Tennessee treasury department, to conduct contested case proceedings pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or to request the appointment of an administrative judge from the office of the secretary of state to conduct the proceedings.
(b) If the initial order of the administrative judge is appealed to the board of trustees, the executive committee established in § 8-34-322 shall hear the appeal.
Amended by 2015 Tenn. Acts, ch. 421, s 3, eff. 5/8/2015.
Acts 1988, ch. 973, § 11; 2008 , ch. 674, § 4.