Tenn. Code Ann. § 8-36-909 — TN Code / Title 8 / Chapter 36 / Section 8-36-909
Minimum service retirement allowance payable under the defined benefit component of the plan
Status: in_force

(a) Notwithstanding § 8-36-209 or any other law to the contrary, there shall be no minimum service retirement allowance payable under the defined benefit component of the plan except as otherwise provided in subsections (b) and (c). Instead, the retirement allowance shall be determined in accordance with § 8-36-907 . (b) (1) The minimum service retirement allowance payable under the defined benefit component of the plan with respect to creditable service established pursuant to § 8-35-226 shall not be less than seven dollars ($7.00) per month for each year of such creditable service, except as provided in subsection (e). (2) Notwithstanding subdivision (b)(1), the chief legislative body of any city, special school district or county may set the minimum service retirement allowance payable with respect to creditable service established pursuant to § 8-35-226 in the amount as determined and in effect pursuant to § 8-36-209(a)(2)(A)(i) or § 8-36-209(a)(2)(A)(ii) . Such amount shall be adjusted on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) . (3) To set the minimum service retirement allowance under either § 8-36-209(a)(2)(A)(i) or (a)(2)(A)(ii) , the chief legislative body of the respective city, special school district or county must pass a resolution authorizing either § 8-36-209(a)(2)(A)(i) or (a)(2)(A)(ii) and accepting the liability therefore. Any such resolution shall apply to current and future retirees of the hybrid plan and shall become effective on the first day of any quarter following the filing of the resolution with the retirement system. No retroactive benefits shall be paid under subdivision (b)(2). (c) (1) (A) The minimum retirement allowance payable under the defined benefit component with respect to creditable service rendered as a member of the general assembly shall not be less than fifty-five dollars ($55.00) per month for each year of creditable service adjusted effective July 1, 2015, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) except as provided in subdivision (c)(1)(B) and subsection (e). (B) For members of the general assembly who retire on or after November 5, 2024, with ten (10) or more years of service, the minimum retirement allowance payable under the defined benefit component with respect to creditable service rendered as a member of the general assembly must not be less than seventy dollars ($70.00) per month for each year of creditable service adjusted on July 1, 2025, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) except as provided in subsection (e). (2) Any recipient eligible for a benefit pursuant to subdivision (c)(1) may elect to receive an amount less than the amount that the recipient is otherwise eligible to receive; provided, that the election is in writing and irrevocable. (d) Section 8-36-124 shall not apply in determining the retirement allowance payable under this section. (e) (1) In no event shall the minimum retirement allowance payable hereunder exceed ninety percent (90%) of the participant's average final compensation as may be adjusted by the cost-of-living provisions of § 8-36-701(b)(1) and (2) . (2) For purposes of determining the limitations on the amount of the retirement allowance as provided in this subsection (e), the average final compensation for service granted under § 8-35-226 shall be independent of the average final compensation calculation on any other creditable service in the retirement system, and the average final compensation for service granted as a member of the general assembly shall be independent of the average final compensation calculation on any other creditable service in the retirement system. Amended by 2023 Tenn. Acts, ch. 407, s 4, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 407, s 3, eff. 5/11/2023. Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
(a) Notwithstanding § 8-36-209 or any other law to the contrary, there shall be no minimum service retirement allowance payable under the defined benefit component of the plan except as otherwise provided in subsections (b) and (c). Instead, the retirement allowance shall be determined in accordance with § 8-36-907 .
(b) (1) The minimum service retirement allowance payable under the defined benefit component of the plan with respect to creditable service established pursuant to § 8-35-226 shall not be less than seven dollars ($7.00) per month for each year of such creditable service, except as provided in subsection (e). (2) Notwithstanding subdivision (b)(1), the chief legislative body of any city, special school district or county may set the minimum service retirement allowance payable with respect to creditable service established pursuant to § 8-35-226 in the amount as determined and in effect pursuant to § 8-36-209(a)(2)(A)(i) or § 8-36-209(a)(2)(A)(ii) . Such amount shall be adjusted on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) . (3) To set the minimum service retirement allowance under either § 8-36-209(a)(2)(A)(i) or (a)(2)(A)(ii) , the chief legislative body of the respective city, special school district or county must pass a resolution authorizing either § 8-36-209(a)(2)(A)(i) or (a)(2)(A)(ii) and accepting the liability therefore. Any such resolution shall apply to current and future retirees of the hybrid plan and shall become effective on the first day of any quarter following the filing of the resolution with the retirement system. No retroactive benefits shall be paid under subdivision (b)(2).
(1) The minimum service retirement allowance payable under the defined benefit component of the plan with respect to creditable service established pursuant to § 8-35-226 shall not be less than seven dollars ($7.00) per month for each year of such creditable service, except as provided in subsection (e).
(2) Notwithstanding subdivision (b)(1), the chief legislative body of any city, special school district or county may set the minimum service retirement allowance payable with respect to creditable service established pursuant to § 8-35-226 in the amount as determined and in effect pursuant to § 8-36-209(a)(2)(A)(i) or § 8-36-209(a)(2)(A)(ii) . Such amount shall be adjusted on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) .
(3) To set the minimum service retirement allowance under either § 8-36-209(a)(2)(A)(i) or (a)(2)(A)(ii) , the chief legislative body of the respective city, special school district or county must pass a resolution authorizing either § 8-36-209(a)(2)(A)(i) or (a)(2)(A)(ii) and accepting the liability therefore. Any such resolution shall apply to current and future retirees of the hybrid plan and shall become effective on the first day of any quarter following the filing of the resolution with the retirement system. No retroactive benefits shall be paid under subdivision (b)(2).
(c) (1) (A) The minimum retirement allowance payable under the defined benefit component with respect to creditable service rendered as a member of the general assembly shall not be less than fifty-five dollars ($55.00) per month for each year of creditable service adjusted effective July 1, 2015, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) except as provided in subdivision (c)(1)(B) and subsection (e). (B) For members of the general assembly who retire on or after November 5, 2024, with ten (10) or more years of service, the minimum retirement allowance payable under the defined benefit component with respect to creditable service rendered as a member of the general assembly must not be less than seventy dollars ($70.00) per month for each year of creditable service adjusted on July 1, 2025, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) except as provided in subsection (e). (2) Any recipient eligible for a benefit pursuant to subdivision (c)(1) may elect to receive an amount less than the amount that the recipient is otherwise eligible to receive; provided, that the election is in writing and irrevocable.
(1) (A) The minimum retirement allowance payable under the defined benefit component with respect to creditable service rendered as a member of the general assembly shall not be less than fifty-five dollars ($55.00) per month for each year of creditable service adjusted effective July 1, 2015, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) except as provided in subdivision (c)(1)(B) and subsection (e). (B) For members of the general assembly who retire on or after November 5, 2024, with ten (10) or more years of service, the minimum retirement allowance payable under the defined benefit component with respect to creditable service rendered as a member of the general assembly must not be less than seventy dollars ($70.00) per month for each year of creditable service adjusted on July 1, 2025, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) except as provided in subsection (e).
(A) The minimum retirement allowance payable under the defined benefit component with respect to creditable service rendered as a member of the general assembly shall not be less than fifty-five dollars ($55.00) per month for each year of creditable service adjusted effective July 1, 2015, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) except as provided in subdivision (c)(1)(B) and subsection (e).
(B) For members of the general assembly who retire on or after November 5, 2024, with ten (10) or more years of service, the minimum retirement allowance payable under the defined benefit component with respect to creditable service rendered as a member of the general assembly must not be less than seventy dollars ($70.00) per month for each year of creditable service adjusted on July 1, 2025, and on each July 1 thereafter pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) except as provided in subsection (e).
(2) Any recipient eligible for a benefit pursuant to subdivision (c)(1) may elect to receive an amount less than the amount that the recipient is otherwise eligible to receive; provided, that the election is in writing and irrevocable.
(d) Section 8-36-124 shall not apply in determining the retirement allowance payable under this section.
(e) (1) In no event shall the minimum retirement allowance payable hereunder exceed ninety percent (90%) of the participant's average final compensation as may be adjusted by the cost-of-living provisions of § 8-36-701(b)(1) and (2) . (2) For purposes of determining the limitations on the amount of the retirement allowance as provided in this subsection (e), the average final compensation for service granted under § 8-35-226 shall be independent of the average final compensation calculation on any other creditable service in the retirement system, and the average final compensation for service granted as a member of the general assembly shall be independent of the average final compensation calculation on any other creditable service in the retirement system.
(1) In no event shall the minimum retirement allowance payable hereunder exceed ninety percent (90%) of the participant's average final compensation as may be adjusted by the cost-of-living provisions of § 8-36-701(b)(1) and (2) .
(2) For purposes of determining the limitations on the amount of the retirement allowance as provided in this subsection (e), the average final compensation for service granted under § 8-35-226 shall be independent of the average final compensation calculation on any other creditable service in the retirement system, and the average final compensation for service granted as a member of the general assembly shall be independent of the average final compensation calculation on any other creditable service in the retirement system.
Amended by 2023 Tenn. Acts, ch. 407, s 4, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 407, s 3, eff. 5/11/2023.
Added by 2013 Tenn. Acts, ch. 259, s 1, eff. 7/1/2014.
Tenn. Code Ann. § 8-50-117 — TN Code / Title 8 / Chapter 50 / Section 8-50-117
Job classifications for marital and family therapists
Status: in_force

The department of human resources shall establish job classifications for marital and family therapists licensed pursuant to title 63, chapter 22, part 1, consistent with their scope of practice. Acts 2009, ch. 174, § 1.
The department of human resources shall establish job classifications for marital and family therapists licensed pursuant to title 63, chapter 22, part 1, consistent with their scope of practice.
Acts 2009, ch. 174, § 1.
Tenn. Code Ann. § 8-34-505 — TN Code / Title 8 / Chapter 34 / Section 8-34-505
Rate of interest
Status: in_force

The board of trustees shall also determine from time to time the rate or rates of regular interest for use in all calculations, except as otherwise provided, which rate shall be subject to the approval of the council on pensions. Amended by 2021 Tenn. Acts, ch. 303, s 8, eff. 7/1/2021. Acts 1972, ch. 814, § 6; 1978, ch. 741, § 5; T.C.A., § 8-3928; Acts 1982, ch. 771, § 2.
The board of trustees shall also determine from time to time the rate or rates of regular interest for use in all calculations, except as otherwise provided, which rate shall be subject to the approval of the council on pensions.
Amended by 2021 Tenn. Acts, ch. 303, s 8, eff. 7/1/2021.
Acts 1972, ch. 814, § 6; 1978, ch. 741, § 5; T.C.A., § 8-3928; Acts 1982, ch. 771, § 2.
Tenn. Code Ann. § 8-25-309 — TN Code / Title 8 / Chapter 25 / Section 8-25-309
Assessing costs of administering program to participating employees
Status: in_force

The state treasurer may assess the costs associated with administering this program to the participating employees in order that such plan shall operate without administrative cost to or contribution from this state. Added by 2013 Tenn. Acts, ch. 454,s 19, eff. 5/16/2013.
The state treasurer may assess the costs associated with administering this program to the participating employees in order that such plan shall operate without administrative cost to or contribution from this state.
Added by 2013 Tenn. Acts, ch. 454,s 19, eff. 5/16/2013.
Tenn. Code Ann. § 8-37-116 — TN Code / Title 8 / Chapter 37 / Section 8-37-116
Bonds, notes and investment contracts - Issuance to state entities
Status: in_force

(a) The board of trustees has the power and authority to enter into investment contracts with, or to issue notes, bonds or other evidences of indebtedness to, any instrumentality of the state which is designated to invest funds received pursuant to the tobacco litigation master settlement agreement entered into by Tennessee and certain other states, United States territories and possessions, and participating tobacco manufacturers, dated November 23, 1998. (b) In exercising the authority granted in subsection (a), the board of trustees is authorized to enter into such arrangements under terms and conditions the board determines to be in the best interest of the retirement system. Any debt issued pursuant to this section shall not be invalid for any irregularity or defect in the proceedings for the issuance or sale thereof. Further, all obligations issued under this section shall be exempt from taxation by the state, or by any county, municipality or taxing district of the state. (c) Notwithstanding § 8-6-106 or other law to the contrary, the board may employ bond counsel, financial advisors, underwriters, and such other professionals deemed necessary to assist the board in the issuance, management and servicing of all debt issued by the board hereunder. Any professional so employed hereunder shall be paid such compensation as the board may deem just and such compensation may be paid out of the proceeds of any debt issued hereunder or from the assets of the retirement system. The board is further authorized to pay any or all costs or expenses incurred by the board relative to the issuance, management and servicing of any debt issued hereunder from the proceeds of any such debt or from other assets of the retirement system. Acts 2000, ch. 871, § 5.
(a) The board of trustees has the power and authority to enter into investment contracts with, or to issue notes, bonds or other evidences of indebtedness to, any instrumentality of the state which is designated to invest funds received pursuant to the tobacco litigation master settlement agreement entered into by Tennessee and certain other states, United States territories and possessions, and participating tobacco manufacturers, dated November 23, 1998.
(b) In exercising the authority granted in subsection (a), the board of trustees is authorized to enter into such arrangements under terms and conditions the board determines to be in the best interest of the retirement system. Any debt issued pursuant to this section shall not be invalid for any irregularity or defect in the proceedings for the issuance or sale thereof. Further, all obligations issued under this section shall be exempt from taxation by the state, or by any county, municipality or taxing district of the state.
(c) Notwithstanding § 8-6-106 or other law to the contrary, the board may employ bond counsel, financial advisors, underwriters, and such other professionals deemed necessary to assist the board in the issuance, management and servicing of all debt issued by the board hereunder. Any professional so employed hereunder shall be paid such compensation as the board may deem just and such compensation may be paid out of the proceeds of any debt issued hereunder or from the assets of the retirement system. The board is further authorized to pay any or all costs or expenses incurred by the board relative to the issuance, management and servicing of any debt issued hereunder from the proceeds of any such debt or from other assets of the retirement system.
Acts 2000, ch. 871, § 5.
Tenn. Code Ann. § 8-25-401 — TN Code / Title 8 / Chapter 25 / Section 8-25-401
Development and implementation of plan - Automatic payment - Administration of plan
Status: in_force

(a) The commissioner of finance and administration and the state treasurer, with the concurrence of the state insurance committee, are authorized to develop and implement a cafeteria plan for state employees as permitted by § 125 of the Internal Revenue Code of 1986 ( 26 U.S.C. § 125 ). The commissioner of finance and administration and the state treasurer are further authorized to offer state employees a qualified transportation fringe benefit plan in accordance with § 132(f) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 132(f) ), or any subsequent corresponding United States Internal Revenue Code section. The responsibility for development and implementation of such plans for employees of institutions of higher education is delegated to the chancellor of the board of regents and to the president of the University of Tennessee for employees of institutions under the University of Tennessee. Any political subdivision or instrumentality of the state, by resolution or ordinance of its governing body, is authorized to make available to its employees either a cafeteria plan as permitted by § 125 of the Internal Revenue Code of 1986, or a qualified transportation fringe benefit plan in accordance with § 132(f) of the Internal Revenue Code of 1986, or both. (b) Any employer who has implemented a cafeteria plan pursuant to this section shall arrange for its employees' health insurance premiums and dental insurance premiums to be automatically paid through the cafeteria plan beginning January 1, 2008. Participation in other benefit options provided pursuant to this section is not automatic and requires an affirmative election by the employee authorizing the necessary payroll deductions and salary reductions for funding the benefits. (c) Plans implemented pursuant to this section may either be administered internally or the party responsible for administration may contract with any person or entity otherwise eligible to provide for the services. (d) With concurrence of the state insurance committee, the state treasurer may credit plan savings and assess the costs associated with administering these programs to the state agencies of participating employees, it being the intent that state agency payroll savings deriving from the plan be the funding source for administration. Amended by 2013 Tenn. Acts, ch. 454, s 20, eff. 5/16/2013. Acts 1988, ch. 527, § 1; 1989, ch. 181, § 1; 1993, ch. 67, § 4; T.C.A. § 8-25-305 ; Acts 2007 , ch. 184, § 16; 2008 , ch. 674, § 3.
(a) The commissioner of finance and administration and the state treasurer, with the concurrence of the state insurance committee, are authorized to develop and implement a cafeteria plan for state employees as permitted by § 125 of the Internal Revenue Code of 1986 ( 26 U.S.C. § 125 ). The commissioner of finance and administration and the state treasurer are further authorized to offer state employees a qualified transportation fringe benefit plan in accordance with § 132(f) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 132(f) ), or any subsequent corresponding United States Internal Revenue Code section. The responsibility for development and implementation of such plans for employees of institutions of higher education is delegated to the chancellor of the board of regents and to the president of the University of Tennessee for employees of institutions under the University of Tennessee. Any political subdivision or instrumentality of the state, by resolution or ordinance of its governing body, is authorized to make available to its employees either a cafeteria plan as permitted by § 125 of the Internal Revenue Code of 1986, or a qualified transportation fringe benefit plan in accordance with § 132(f) of the Internal Revenue Code of 1986, or both.
(b) Any employer who has implemented a cafeteria plan pursuant to this section shall arrange for its employees' health insurance premiums and dental insurance premiums to be automatically paid through the cafeteria plan beginning January 1, 2008. Participation in other benefit options provided pursuant to this section is not automatic and requires an affirmative election by the employee authorizing the necessary payroll deductions and salary reductions for funding the benefits.
(c) Plans implemented pursuant to this section may either be administered internally or the party responsible for administration may contract with any person or entity otherwise eligible to provide for the services.
(d) With concurrence of the state insurance committee, the state treasurer may credit plan savings and assess the costs associated with administering these programs to the state agencies of participating employees, it being the intent that state agency payroll savings deriving from the plan be the funding source for administration.
Amended by 2013 Tenn. Acts, ch. 454, s 20, eff. 5/16/2013.
Acts 1988, ch. 527, § 1; 1989, ch. 181, § 1; 1993, ch. 67, § 4; T.C.A. § 8-25-305 ; Acts 2007 , ch. 184, § 16; 2008 , ch. 674, § 3.
Tenn. Code Ann. § 8-36-713 — TN Code / Title 8 / Chapter 36 / Section 8-36-713
Additional benefit increase
Status: in_force

(a) (1) In addition to any other increase in retirement benefits provided by this part, effective July 1, 1985, retired teachers and general employees shall be entitled to an increase in their monthly retirement benefit in accordance with the following schedule: Date of Retirement Increase Per Year of Service on or before 6/30/73.................... $0.61 7/1/73 - 6/30/75.................... $0.37 7/1/75 - 6/30/78.................... $0.25 7/1/78 - 6/30/80.................... $0.15 (2) Effective July 1, 1987, and in addition to any other increase in retirement benefits provided by this part, retired teachers, wildlife officers, state police officers, firefighters, police officers and general employees shall be entitled to an increase in their monthly retirement benefits in accordance with the following schedule, which shall be in lieu of the increase in benefits provided in subdivision (a)(1): Date of Retirement Increase Per Year of Service on or before 6/30/73.................... $1.18 7/1/73 - 6/30/75.................... $0.94 7/1/75 - 6/30/78.................... $0.48 7/1/78 - 6/30/80.................... $0.28 (b) The increase effective July 1, 1987, shall continue to be paid thereafter. It is the legislative intent that this section shall not be interpreted to authorize additional increases beyond those taking effect July 1, 1987. (c) As used in this section, "retired teacher" and "retired 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. (d) The benefit paid under this section shall be calculated without regard to § 8-36-102 . (e) This section shall be optional for political subdivisions participating in the retirement system in accordance with § 8-35-217 . Political subdivisions exercising the option permitted herein must do so before June 30, in order for it to be effective the following July 1. (f) Implementation of this section shall be subject to funding being provided in the general appropriations act. Acts 1985, ch. 466, §§ 1-3; 1987, ch. 415, §§ 1-4.
(a) (1) In addition to any other increase in retirement benefits provided by this part, effective July 1, 1985, retired teachers and general employees shall be entitled to an increase in their monthly retirement benefit in accordance with the following schedule: Date of Retirement Increase Per Year of Service on or before 6/30/73.................... $0.61 7/1/73 - 6/30/75.................... $0.37 7/1/75 - 6/30/78.................... $0.25 7/1/78 - 6/30/80.................... $0.15 (2) Effective July 1, 1987, and in addition to any other increase in retirement benefits provided by this part, retired teachers, wildlife officers, state police officers, firefighters, police officers and general employees shall be entitled to an increase in their monthly retirement benefits in accordance with the following schedule, which shall be in lieu of the increase in benefits provided in subdivision (a)(1): Date of Retirement Increase Per Year of Service on or before 6/30/73.................... $1.18 7/1/73 - 6/30/75.................... $0.94 7/1/75 - 6/30/78.................... $0.48 7/1/78 - 6/30/80.................... $0.28
(1) In addition to any other increase in retirement benefits provided by this part, effective July 1, 1985, retired teachers and general employees shall be entitled to an increase in their monthly retirement benefit in accordance with the following schedule: Date of Retirement Increase Per Year of Service on or before 6/30/73.................... $0.61 7/1/73 - 6/30/75.................... $0.37 7/1/75 - 6/30/78.................... $0.25 7/1/78 - 6/30/80.................... $0.15
Date of Retirement Increase Per Year of Service on or before 6/30/73.................... $0.61 7/1/73 - 6/30/75.................... $0.37 7/1/75 - 6/30/78.................... $0.25 7/1/78 - 6/30/80.................... $0.15
Date of Retirement
Increase Per Year of Service
on or before 6/30/73....................
$0.61
7/1/73 - 6/30/75....................
$0.37
7/1/75 - 6/30/78....................
$0.25
7/1/78 - 6/30/80....................
$0.15
(2) Effective July 1, 1987, and in addition to any other increase in retirement benefits provided by this part, retired teachers, wildlife officers, state police officers, firefighters, police officers and general employees shall be entitled to an increase in their monthly retirement benefits in accordance with the following schedule, which shall be in lieu of the increase in benefits provided in subdivision (a)(1): Date of Retirement Increase Per Year of Service on or before 6/30/73.................... $1.18 7/1/73 - 6/30/75.................... $0.94 7/1/75 - 6/30/78.................... $0.48 7/1/78 - 6/30/80.................... $0.28
Date of Retirement Increase Per Year of Service on or before 6/30/73.................... $1.18 7/1/73 - 6/30/75.................... $0.94 7/1/75 - 6/30/78.................... $0.48 7/1/78 - 6/30/80.................... $0.28
Date of Retirement
Increase Per Year of Service
on or before 6/30/73....................
$1.18
7/1/73 - 6/30/75....................
$0.94
7/1/75 - 6/30/78....................
$0.48
7/1/78 - 6/30/80....................
$0.28
(b) The increase effective July 1, 1987, shall continue to be paid thereafter. It is the legislative intent that this section shall not be interpreted to authorize additional increases beyond those taking effect July 1, 1987.
(c) As used in this section, "retired teacher" and "retired 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.
(d) The benefit paid under this section shall be calculated without regard to § 8-36-102 .
(e) This section shall be optional for political subdivisions participating in the retirement system in accordance with § 8-35-217 . Political subdivisions exercising the option permitted herein must do so before June 30, in order for it to be effective the following July 1.
(f) Implementation of this section shall be subject to funding being provided in the general appropriations act.
Acts 1985, ch. 466, §§ 1-3; 1987, ch. 415, §§ 1-4.
Tenn. Code Ann. § 8-34-618 — TN Code / Title 8 / Chapter 34 / Section 8-34-618
Public defender service as creditable service
Status: in_force

(a) Any member of the retirement system or of a superseded system shall be entitled to establish retirement credit for previous service rendered as a public defender upon the making of a lump sum payment of the contributions such member would have made had such member been a member of the state retirement system, plus interest at the rate provided for in § 8-37-214 : (1) Service established in accordance with this provision shall be credited in Group 1 only of the retirement system; (2) Notwithstanding §§ 40-14-201 and 40-14-202 , a public defender, for the purpose of establishing retirement credit in accordance with this provision, means any attorney appointed or elected under local governmental provisions and who is employed by a local government on a full-time basis to represent persons accused of crimes who are unable to pay for such representation. (b) Retirement credit for public defender service as provided for herein shall not be granted unless authorized under the following terms and conditions: (1) In the case of a member whose public defender's service was rendered to a local government unit which is not a participating employer, the governing body may at its discretion authorize by resolution and accept the liability of the employer cost to establish this service; or (2) In the case of a member whose service was rendered to a local government unit participating pursuant to chapter 35, part 2 of this title, the governing body may at its discretion authorize by resolution and accept the liability for all current and former employees to receive retirement credit for public defender service. (c) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of this section for which reserves have not been previously created from funds contributed by the respective local government or the affected members. All costs associated with this section shall be the responsibility of the respective local government for which the public defender service was rendered. Should any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold the amount or part of the amount from any state-shared taxes that are otherwise apportioned to the local government. Acts 1980, ch. 654, § 9; 2007 , ch. 184, §§ 6, 7.
(a) Any member of the retirement system or of a superseded system shall be entitled to establish retirement credit for previous service rendered as a public defender upon the making of a lump sum payment of the contributions such member would have made had such member been a member of the state retirement system, plus interest at the rate provided for in § 8-37-214 : (1) Service established in accordance with this provision shall be credited in Group 1 only of the retirement system; (2) Notwithstanding §§ 40-14-201 and 40-14-202 , a public defender, for the purpose of establishing retirement credit in accordance with this provision, means any attorney appointed or elected under local governmental provisions and who is employed by a local government on a full-time basis to represent persons accused of crimes who are unable to pay for such representation.
(1) Service established in accordance with this provision shall be credited in Group 1 only of the retirement system;
(2) Notwithstanding §§ 40-14-201 and 40-14-202 , a public defender, for the purpose of establishing retirement credit in accordance with this provision, means any attorney appointed or elected under local governmental provisions and who is employed by a local government on a full-time basis to represent persons accused of crimes who are unable to pay for such representation.
(b) Retirement credit for public defender service as provided for herein shall not be granted unless authorized under the following terms and conditions: (1) In the case of a member whose public defender's service was rendered to a local government unit which is not a participating employer, the governing body may at its discretion authorize by resolution and accept the liability of the employer cost to establish this service; or (2) In the case of a member whose service was rendered to a local government unit participating pursuant to chapter 35, part 2 of this title, the governing body may at its discretion authorize by resolution and accept the liability for all current and former employees to receive retirement credit for public defender service.
(1) In the case of a member whose public defender's service was rendered to a local government unit which is not a participating employer, the governing body may at its discretion authorize by resolution and accept the liability of the employer cost to establish this service; or
(2) In the case of a member whose service was rendered to a local government unit participating pursuant to chapter 35, part 2 of this title, the governing body may at its discretion authorize by resolution and accept the liability for all current and former employees to receive retirement credit for public defender service.
(c) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of this section for which reserves have not been previously created from funds contributed by the respective local government or the affected members. All costs associated with this section shall be the responsibility of the respective local government for which the public defender service was rendered. Should any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold the amount or part of the amount from any state-shared taxes that are otherwise apportioned to the local government.
Acts 1980, ch. 654, § 9; 2007 , ch. 184, §§ 6, 7.
Tenn. Code Ann. § 8-4-302 — TN Code / Title 8 / Chapter 4 / Section 8-4-302
Assistant comptroller of the treasury - Appointment
Status: in_force

(a) There is created the office of assistant comptroller of the treasury who shall serve as such during any emergency when the regular comptroller of the treasury is disabled or disqualified from performing the duties of the office. (b) If the general assembly is not in session when such emergency exists, the governor shall appoint such assistant comptroller of the treasury to serve until the general assembly convenes, at which time the general assembly shall elect the assistant comptroller of the treasury in the event the emergency then continues. If the general assembly is in session when the emergency commences, the assistant comptroller of the treasury shall be elected by the joint vote of the general assembly. Acts 1949, ch. 119, § 1; C. Supp. 1950, § 213.1 (Williams, § 192.1); T.C.A. (orig. ed.), § 8-413; T.C.A., § 8-421.
(a) There is created the office of assistant comptroller of the treasury who shall serve as such during any emergency when the regular comptroller of the treasury is disabled or disqualified from performing the duties of the office.
(b) If the general assembly is not in session when such emergency exists, the governor shall appoint such assistant comptroller of the treasury to serve until the general assembly convenes, at which time the general assembly shall elect the assistant comptroller of the treasury in the event the emergency then continues. If the general assembly is in session when the emergency commences, the assistant comptroller of the treasury shall be elected by the joint vote of the general assembly.
Acts 1949, ch. 119, § 1; C. Supp. 1950, § 213.1 (Williams, § 192.1); T.C.A. (orig. ed.), § 8-413; T.C.A., § 8-421.
Tenn. Code Ann. § 8-14-109 — TN Code / Title 8 / Chapter 14 / Section 8-14-109
Immunity of state and personnel of public defender's office
Status: in_force

No court in this state has any power, jurisdiction or authority to entertain any suit against the state or against any public defender or any employees thereof acting in their official capacity with a view to reach the state, its treasury, funds or property, or the funds or property of any public defender or its employees for any act of negligence arising from the execution of the employee's official duties as an employee of the district public defenders conference; provided, that this shall not be construed to bar any suit against the state or an official of the state alleging any ground or seeking any relief which could be sought under a writ of habeas corpus or petition for post-conviction relief. Acts 1989, ch. 588, § 26; 1991, ch. 345 § 5.
No court in this state has any power, jurisdiction or authority to entertain any suit against the state or against any public defender or any employees thereof acting in their official capacity with a view to reach the state, its treasury, funds or property, or the funds or property of any public defender or its employees for any act of negligence arising from the execution of the employee's official duties as an employee of the district public defenders conference; provided, that this shall not be construed to bar any suit against the state or an official of the state alleging any ground or seeking any relief which could be sought under a writ of habeas corpus or petition for post-conviction relief.
Acts 1989, ch. 588, § 26; 1991, ch. 345 § 5.
Tenn. Code Ann. § 8-7-315 — TN Code / Title 8 / Chapter 7 / Section 8-7-315
Budget submitted to general assembly
Status: in_force

Each year's budget for the operation of the office of executive director of the district attorneys general conference shall be submitted to the criminal justice committee of the house of representatives and the senate judiciary committee prior to approval of the budget by the general assembly. Amended by 2021 Tenn. Acts, ch. 64, s 6, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 14, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 40, eff. 4/19/2013. Acts 1976, ch. 621, § 4; T.C.A., § 8-728; Acts 1996, ch. 996, § 2.
Each year's budget for the operation of the office of executive director of the district attorneys general conference shall be submitted to the criminal justice committee of the house of representatives and the senate judiciary committee prior to approval of the budget by the general assembly.
Amended by 2021 Tenn. Acts, ch. 64, s 6, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 14, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 40, eff. 4/19/2013.
Acts 1976, ch. 621, § 4; T.C.A., § 8-728; Acts 1996, ch. 996, § 2.
Tenn. Code Ann. § 8-37-210 — TN Code / Title 8 / Chapter 37 / Section 8-37-210
Right of withdrawal of accumulated contributions upon termination of employment or death prior to retirement
Status: in_force

(a) If a member other than a teacher is separated from service for reasons other than retirement or death, the amount of the member's accumulated contributions shall be paid to the member within ninety (90) days after the member's written request for such accumulated contributions. (b) Should a member cease to be a teacher except by death or retirement under chapters 34-37 of this title, the member shall be paid upon application, made not less than four (4) months following the member's cessation of service, the amount of the accumulated contributions standing to the credit of the member's individual account in the member's fund. Any teacher who provides documentation to the satisfaction of the board of trustees that the teacher has terminated employment, is not reemployed by any employer covered by the retirement system, and is no longer residing in this state, shall be paid the amount of such person's accumulated contributions within ninety (90) days after making application for such accumulated contributions. Any teacher who has been dismissed, and the employer certifies that dismissal occurred due to budgetary problems, shall be paid the amount of such person's accumulated contributions within ninety (90) days after making application. Any teacher employed and paid on a continuous twelve-month basis shall be paid such teacher's accumulated contributions within ninety (90) days after such teacher's written request for such accumulated contributions. (c) Distribution of a member's benefit must begin by the required beginning date, which is April 1 of the calendar year following the calendar year in which the member attains age seventy and one-half (70½) or age seventy-two (72) if the member was born on or after July 1, 1949, as such age is extended or otherwise modified by the Internal Revenue Code or the regulations promulgated thereunder, or April 1 of the calendar year following the calendar year in which the member terminates, whichever is later. If a member fails to apply for retirement benefits by the later of either of those dates, the board shall begin distribution of the monthly benefit as required by this section in the applicable form provided in § 8-36-206 . Amended by 2021 Tenn. Acts, ch. 251, s 4, eff. 4/28/2021. Amended by 2016 Tenn. Acts, ch. 605, s 13, eff. 3/17/2016. Acts 1972, ch. 814, § 5; 1973, ch. 347, § 19; T.C.A., § 8-3921(a); Acts 1981, ch. 387, § 20; 1983, ch. 342, § 22; 1987, ch. 54, § 13; 1994, ch. 710, § 4.
(a) If a member other than a teacher is separated from service for reasons other than retirement or death, the amount of the member's accumulated contributions shall be paid to the member within ninety (90) days after the member's written request for such accumulated contributions.
(b) Should a member cease to be a teacher except by death or retirement under chapters 34-37 of this title, the member shall be paid upon application, made not less than four (4) months following the member's cessation of service, the amount of the accumulated contributions standing to the credit of the member's individual account in the member's fund. Any teacher who provides documentation to the satisfaction of the board of trustees that the teacher has terminated employment, is not reemployed by any employer covered by the retirement system, and is no longer residing in this state, shall be paid the amount of such person's accumulated contributions within ninety (90) days after making application for such accumulated contributions. Any teacher who has been dismissed, and the employer certifies that dismissal occurred due to budgetary problems, shall be paid the amount of such person's accumulated contributions within ninety (90) days after making application. Any teacher employed and paid on a continuous twelve-month basis shall be paid such teacher's accumulated contributions within ninety (90) days after such teacher's written request for such accumulated contributions.
(c) Distribution of a member's benefit must begin by the required beginning date, which is April 1 of the calendar year following the calendar year in which the member attains age seventy and one-half (70½) or age seventy-two (72) if the member was born on or after July 1, 1949, as such age is extended or otherwise modified by the Internal Revenue Code or the regulations promulgated thereunder, or April 1 of the calendar year following the calendar year in which the member terminates, whichever is later. If a member fails to apply for retirement benefits by the later of either of those dates, the board shall begin distribution of the monthly benefit as required by this section in the applicable form provided in § 8-36-206 .
Amended by 2021 Tenn. Acts, ch. 251, s 4, eff. 4/28/2021.
Amended by 2016 Tenn. Acts, ch. 605, s 13, eff. 3/17/2016.
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 19; T.C.A., § 8-3921(a); Acts 1981, ch. 387, § 20; 1983, ch. 342, § 22; 1987, ch. 54, § 13; 1994, ch. 710, § 4.
Tenn. Code Ann. § 8-12-110 — TN Code / Title 8 / Chapter 12 / Section 8-12-110
Establishment of meridian lines
Status: in_force

The county legislative body of each county may, in its discretion, have established, at or near the county seat, a meridian line of 114.6 poles in length, the termini of which line shall be designated by planted stones, with the exact point on each stone marked with "A.X.," or otherwise durably engraved. Acts 1871, ch. 120, § 1; 1879, ch. 219, § 1; Shan., § 541; Code 1932, § 793; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1210.
The county legislative body of each county may, in its discretion, have established, at or near the county seat, a meridian line of 114.6 poles in length, the termini of which line shall be designated by planted stones, with the exact point on each stone marked with "A.X.," or otherwise durably engraved.
Acts 1871, ch. 120, § 1; 1879, ch. 219, § 1; Shan., § 541; Code 1932, § 793; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1210.
Tenn. Code Ann. § 8-1-106 — TN Code / Title 8 / Chapter 1 / Section 8-1-106
Contingent expenses of executive department
Status: in_force

The following contingent expenses of the executive department shall be a charge upon the state treasury: (1) Such sums of money as may be necessary to defray the expenses attendant on exchanging laws and documents with the several states of the union; (2) Such sums of money as may be necessary to provide stationery for the governor's and secretary's offices, and postage and expressage on public letters and documents; (3) An amount to pay for cleaning the public arms of the state and keeping them in good serviceable order; and (4) Such sums of money as may be requisite to defray the expenses of all messengers and messages which it may be necessary for the governor to dispatch. Code 1858, § 191 (deriv. Acts 1811, ch. 85, §§ 1, 3; 1813, ch. 79, § 1; 1853-1854, ch. 266, § 1); Shan., § 238; mod. Code 1932, § 180; T.C.A. (orig. ed.), § 8-104.
The following contingent expenses of the executive department shall be a charge upon the state treasury:
(1) Such sums of money as may be necessary to defray the expenses attendant on exchanging laws and documents with the several states of the union;
(2) Such sums of money as may be necessary to provide stationery for the governor's and secretary's offices, and postage and expressage on public letters and documents;
(3) An amount to pay for cleaning the public arms of the state and keeping them in good serviceable order; and
(4) Such sums of money as may be requisite to defray the expenses of all messengers and messages which it may be necessary for the governor to dispatch.
Code 1858, § 191 (deriv. Acts 1811, ch. 85, §§ 1, 3; 1813, ch. 79, § 1; 1853-1854, ch. 266, § 1); Shan., § 238; mod. Code 1932, § 180; T.C.A. (orig. ed.), § 8-104.
Tenn. Code Ann. § 8-21-702 — TN Code / Title 8 / Chapter 21 / Section 8-21-702
Settlement of minor's estate
Status: in_force

Whenever the distributive share of any minor does not exceed two hundred dollars ($200), the county clerk shall not be entitled to more than one dollar ($1.00) for any one (1) settlement the clerk may make with the guardian of such minor. Code 1858, § 4563 (deriv. Acts 1853-1854, ch. 29, § 1); Shan., § 6401; Code 1932, § 10706; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2127.
Whenever the distributive share of any minor does not exceed two hundred dollars ($200), the county clerk shall not be entitled to more than one dollar ($1.00) for any one (1) settlement the clerk may make with the guardian of such minor.
Code 1858, § 4563 (deriv. Acts 1853-1854, ch. 29, § 1); Shan., § 6401; Code 1932, § 10706; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2127.
Tenn. Code Ann. § 8-20-112 — TN Code / Title 8 / Chapter 20 / Section 8-20-112
Employment or termination of employment
Status: in_force

In any county having a civil service system for the sheriff's department pursuant to chapter 8, part 4 of this title or other general law or a private act, or a civil service system for all county employees pursuant to a private act, the employment or termination of employment of any deputy or assistant in any offices covered by this chapter shall be pursuant to such civil service system, and § 8-20-109 shall not apply to such county. Acts 1984, ch. 912, § 1; 1993, ch. 53, § 6.
In any county having a civil service system for the sheriff's department pursuant to chapter 8, part 4 of this title or other general law or a private act, or a civil service system for all county employees pursuant to a private act, the employment or termination of employment of any deputy or assistant in any offices covered by this chapter shall be pursuant to such civil service system, and § 8-20-109 shall not apply to such county.
Acts 1984, ch. 912, § 1; 1993, ch. 53, § 6.
Tenn. Code Ann. § 8-35-223 — TN Code / Title 8 / Chapter 35 / Section 8-35-223
Douglas-Cherokee economic authority
Status: in_force

(a) The Douglas-Cherokee economic authority shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon: (1) Passage of a resolution by the authority's board of directors authorizing an actuarial study; and (2) Passage of a resolution by the authority's board of directors authorizing such participation and accepting the liability as a result of the participation by its full-time employees. (b) The employees of the authority shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of local governments participating in the retirement system under this part. (c) The employees shall be entitled to credit for prior service as approved by the board of directors of the authority under the same provisions which apply to employees of local governments. (d) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of employees of the authority or their beneficiaries, for which reserves have not been previously created from funds contributed by the authority and/or its employees. (e) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the authority. Acts 1986, ch. 568, § 1; 2010, ch. 777, § 12.
(a) The Douglas-Cherokee economic authority shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon: (1) Passage of a resolution by the authority's board of directors authorizing an actuarial study; and (2) Passage of a resolution by the authority's board of directors authorizing such participation and accepting the liability as a result of the participation by its full-time employees.
(1) Passage of a resolution by the authority's board of directors authorizing an actuarial study; and
(2) Passage of a resolution by the authority's board of directors authorizing such participation and accepting the liability as a result of the participation by its full-time employees.
(b) The employees of the authority shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of local governments participating in the retirement system under this part.
(c) The employees shall be entitled to credit for prior service as approved by the board of directors of the authority under the same provisions which apply to employees of local governments.
(d) The retirement system shall not be liable for the payment of retirement allowances or other payments on account of employees of the authority or their beneficiaries, for which reserves have not been previously created from funds contributed by the authority and/or its employees.
(e) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the authority.
Acts 1986, ch. 568, § 1; 2010, ch. 777, § 12.
Tenn. Code Ann. § 8-4-705 — TN Code / Title 8 / Chapter 4 / Section 8-4-705
Annual report to general assembly on enforcement activities
Status: in_force

The small business advocate shall report annually to the commerce and labor committee of the senate and the commerce committee of the house of representatives regarding evaluating the enforcement activities of department and agency personnel, including a rating of the responsiveness to small business owners' concerns. Amended by 2019 Tenn. Acts, ch. 345,s 13, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236,s 12, eff. 4/19/2013. Acts 2010, ch. 1129, § 6.
The small business advocate shall report annually to the commerce and labor committee of the senate and the commerce committee of the house of representatives regarding evaluating the enforcement activities of department and agency personnel, including a rating of the responsiveness to small business owners' concerns.
Amended by 2019 Tenn. Acts, ch. 345,s 13, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236,s 12, eff. 4/19/2013.
Acts 2010, ch. 1129, § 6.
Tenn. Code Ann. § 8-35-113 — TN Code / Title 8 / Chapter 35 / Section 8-35-113
Intermittent or periodic service for boards, commissions, committees, councils, etc
Status: in_force

(a) From and after March 28, 1976, members and employees of boards, commissions, committees, councils, and the like, by whatever name known, whose duties are performed intermittently or periodically for the purpose of fixing rates, issuance of permits or licenses, regulating trades or professions, or serve in an advisory, study, or planning capacity, and the like, shall not be eligible for membership in the Tennessee consolidated retirement system based on such service, where such service does not provide the person's primary livelihood or such position qualify under the Constitution of Tennessee as a lucrative office; provided, that: (1) In instances where persons who fall into the above classifications have heretofore been granted membership in the Tennessee consolidated retirement system, such persons who, together with their employer, shall make petition, may withdraw from membership and shall be entitled to a refund of any contributions heretofor made; and (2) If the assets are insufficient to provide a full refund of the member's accumulated contributions, or the reserve credited from employee contributions are insufficient to provide the retirement allowance for retired members, the employer shall be assessed in a lump sum the amount necessary to refund the employee's accumulated contributions, and assessed a periodic amount to provide the retirement allowances to retired members each as determined by the board of trustees. (b) In all cases of doubt as to whether the employee falls in the above classification, the board of trustees shall determine from objective test whether a person is within the specified category by considering, among other things, the amount of compensation earned as compared to compensation from other employment or sources, the nature of service performed, and the time required in performing such services. (c) (1) Members or former members of the state election commission with a minimum of five (5) years of service on such commission shall be eligible for membership in the Tennessee consolidated retirement system; except that the retirement benefits of such members shall be based on the Group 1 benefit formula as defined by § 8-36-206(1)(A) and not on the minimum retirement allowance provided for in § 8-36-209 . This service shall be independent of all other creditable service for the purpose of calculation of the average final compensation. It is further provided that such benefits are subject to the limitations of § 8-36-102 . (2) Notwithstanding this subsection (c) to the contrary, any member of the state election commission with a minimum of five (5) years of service on such commission and who is also a member of the Tennessee consolidated retirement system as a teacher in a public school system shall be eligible to have the compensation for service on the election commission included in the computation of average final compensation, if applicable; provided, that such creditable service as a member of the election commission is concurrent with a portion of the creditable service as a teacher. (3) Any current member or former member of the election commission may claim prior service with such commission pursuant to this subsection (c) as prior service for retirement credit upon proper documentation; provided, that the member makes a lump sum payment equal to the sum such person would have paid had such person been a member of the system during the period claimed, together with interest as provided by § 8-37-214 . Acts 1976, ch. 816, § 9; T.C.A., § 8-3903(10); Acts 1988, ch. 904, § 1.
(a) From and after March 28, 1976, members and employees of boards, commissions, committees, councils, and the like, by whatever name known, whose duties are performed intermittently or periodically for the purpose of fixing rates, issuance of permits or licenses, regulating trades or professions, or serve in an advisory, study, or planning capacity, and the like, shall not be eligible for membership in the Tennessee consolidated retirement system based on such service, where such service does not provide the person's primary livelihood or such position qualify under the Constitution of Tennessee as a lucrative office; provided, that: (1) In instances where persons who fall into the above classifications have heretofore been granted membership in the Tennessee consolidated retirement system, such persons who, together with their employer, shall make petition, may withdraw from membership and shall be entitled to a refund of any contributions heretofor made; and (2) If the assets are insufficient to provide a full refund of the member's accumulated contributions, or the reserve credited from employee contributions are insufficient to provide the retirement allowance for retired members, the employer shall be assessed in a lump sum the amount necessary to refund the employee's accumulated contributions, and assessed a periodic amount to provide the retirement allowances to retired members each as determined by the board of trustees.
(1) In instances where persons who fall into the above classifications have heretofore been granted membership in the Tennessee consolidated retirement system, such persons who, together with their employer, shall make petition, may withdraw from membership and shall be entitled to a refund of any contributions heretofor made; and
(2) If the assets are insufficient to provide a full refund of the member's accumulated contributions, or the reserve credited from employee contributions are insufficient to provide the retirement allowance for retired members, the employer shall be assessed in a lump sum the amount necessary to refund the employee's accumulated contributions, and assessed a periodic amount to provide the retirement allowances to retired members each as determined by the board of trustees.
(b) In all cases of doubt as to whether the employee falls in the above classification, the board of trustees shall determine from objective test whether a person is within the specified category by considering, among other things, the amount of compensation earned as compared to compensation from other employment or sources, the nature of service performed, and the time required in performing such services.
(c) (1) Members or former members of the state election commission with a minimum of five (5) years of service on such commission shall be eligible for membership in the Tennessee consolidated retirement system; except that the retirement benefits of such members shall be based on the Group 1 benefit formula as defined by § 8-36-206(1)(A) and not on the minimum retirement allowance provided for in § 8-36-209 . This service shall be independent of all other creditable service for the purpose of calculation of the average final compensation. It is further provided that such benefits are subject to the limitations of § 8-36-102 . (2) Notwithstanding this subsection (c) to the contrary, any member of the state election commission with a minimum of five (5) years of service on such commission and who is also a member of the Tennessee consolidated retirement system as a teacher in a public school system shall be eligible to have the compensation for service on the election commission included in the computation of average final compensation, if applicable; provided, that such creditable service as a member of the election commission is concurrent with a portion of the creditable service as a teacher. (3) Any current member or former member of the election commission may claim prior service with such commission pursuant to this subsection (c) as prior service for retirement credit upon proper documentation; provided, that the member makes a lump sum payment equal to the sum such person would have paid had such person been a member of the system during the period claimed, together with interest as provided by § 8-37-214 .
(1) Members or former members of the state election commission with a minimum of five (5) years of service on such commission shall be eligible for membership in the Tennessee consolidated retirement system; except that the retirement benefits of such members shall be based on the Group 1 benefit formula as defined by § 8-36-206(1)(A) and not on the minimum retirement allowance provided for in § 8-36-209 . This service shall be independent of all other creditable service for the purpose of calculation of the average final compensation. It is further provided that such benefits are subject to the limitations of § 8-36-102 .
(2) Notwithstanding this subsection (c) to the contrary, any member of the state election commission with a minimum of five (5) years of service on such commission and who is also a member of the Tennessee consolidated retirement system as a teacher in a public school system shall be eligible to have the compensation for service on the election commission included in the computation of average final compensation, if applicable; provided, that such creditable service as a member of the election commission is concurrent with a portion of the creditable service as a teacher.
(3) Any current member or former member of the election commission may claim prior service with such commission pursuant to this subsection (c) as prior service for retirement credit upon proper documentation; provided, that the member makes a lump sum payment equal to the sum such person would have paid had such person been a member of the system during the period claimed, together with interest as provided by § 8-37-214 .
Acts 1976, ch. 816, § 9; T.C.A., § 8-3903(10); Acts 1988, ch. 904, § 1.
Tenn. Code Ann. § 8-34-708 — TN Code / Title 8 / Chapter 34 / Section 8-34-708
Benefit base for judges and attorneys general systems
Status: in_force

(a) The "benefit base" under the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee and the attorneys general retirement system of Tennessee shall be the annual rate of compensation in effect for the office from which the prior class member retired on the date of retirement or on May 1, 1975, if greater. However, this section shall not apply to those members who were vested under the superseded system on June 30, 1975, or who were vested at the end of their term of office in effect on June 30, 1975, whichever is applicable. (b) If any retired member under such superseded system held an office for which a salary was not fixed by statute on May 1, 1975, the benefit base of such member shall not be reduced below the benefit base established for such member as of May 1, 1975. Acts 1975, ch. 315, § 6; T.C.A., § 8-3935; Acts 1982, ch. 771, § 3.
(a) The "benefit base" under the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee and the attorneys general retirement system of Tennessee shall be the annual rate of compensation in effect for the office from which the prior class member retired on the date of retirement or on May 1, 1975, if greater. However, this section shall not apply to those members who were vested under the superseded system on June 30, 1975, or who were vested at the end of their term of office in effect on June 30, 1975, whichever is applicable.
(b) If any retired member under such superseded system held an office for which a salary was not fixed by statute on May 1, 1975, the benefit base of such member shall not be reduced below the benefit base established for such member as of May 1, 1975.
Acts 1975, ch. 315, § 6; T.C.A., § 8-3935; Acts 1982, ch. 771, § 3.
Tenn. Code Ann. § 8-37-217 — TN Code / Title 8 / Chapter 37 / Section 8-37-217
Refund of additional contributions
Status: in_force

Any Group 2 member who elected to contribute an additional five percent (5%) in accordance with chapter 885, § 1 of the Public Acts of 1982, amending § 8-36-201 , shall have ninety (90) days from July 1, 1987, to request a refund of the additional contributions required by such public chapter. The member's additional five percent (5%) of contributions plus interest thereon shall be refunded within ninety (90) days of the member's application for such refund. Following the refund of these contributions, a Group 2 member will not be entitled to participate in the benefits provided by such public chapter. Eligibility for service retirement benefits will be determined in accordance with § 8-36-201(b)(1) or the superseded Tennessee state retirement system, if applicable. This section shall apply to Group 2 employees of political subdivisions only if the chief governing body has passed a resolution authorizing such refund and accepting any liability associated with the refund. Acts 1987, ch. 267, § 1.
Any Group 2 member who elected to contribute an additional five percent (5%) in accordance with chapter 885, § 1 of the Public Acts of 1982, amending § 8-36-201 , shall have ninety (90) days from July 1, 1987, to request a refund of the additional contributions required by such public chapter. The member's additional five percent (5%) of contributions plus interest thereon shall be refunded within ninety (90) days of the member's application for such refund. Following the refund of these contributions, a Group 2 member will not be entitled to participate in the benefits provided by such public chapter. Eligibility for service retirement benefits will be determined in accordance with § 8-36-201(b)(1) or the superseded Tennessee state retirement system, if applicable. This section shall apply to Group 2 employees of political subdivisions only if the chief governing body has passed a resolution authorizing such refund and accepting any liability associated with the refund.
Acts 1987, ch. 267, § 1.
Tenn. Code Ann. § 8-4-209 — TN Code / Title 8 / Chapter 4 / Section 8-4-209
Investigation of allegation of felony involving private fund
Status: in_force

The comptroller of the treasury, in its discretion, may investigate an allegation of a felony that is classified as Class B or higher involving private funds if: (1) The investigation is requested by the attorney general and reporter or the district attorney general of a judicial district; (2) The investigation is in conjunction with an open investigation by the Tennessee bureau of investigation; and (3) The comptroller of the treasury deems an investigation to be in the public interest. Added by 2019 Tenn. Acts, ch. 133,s 1, eff. 4/9/2019.
The comptroller of the treasury, in its discretion, may investigate an allegation of a felony that is classified as Class B or higher involving private funds if:
(1) The investigation is requested by the attorney general and reporter or the district attorney general of a judicial district;
(2) The investigation is in conjunction with an open investigation by the Tennessee bureau of investigation; and
(3) The comptroller of the treasury deems an investigation to be in the public interest.
Added by 2019 Tenn. Acts, ch. 133,s 1, eff. 4/9/2019.
Tenn. Code Ann. § 8-14-101 — TN Code / Title 8 / Chapter 14 / Section 8-14-101
Indigent person - Defined
Status: in_force

For the purposes of this part, an "indigent person" is one who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney: (1) In any criminal prosecution or juvenile delinquency proceeding involving a possible deprivation of liberty; or (2) In any habeas corpus or other post-conviction proceeding. Acts 1989, ch. 588, § 1; 1991, ch. 345, § 1.
For the purposes of this part, an "indigent person" is one who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney:
(1) In any criminal prosecution or juvenile delinquency proceeding involving a possible deprivation of liberty; or
(2) In any habeas corpus or other post-conviction proceeding.
Acts 1989, ch. 588, § 1; 1991, ch. 345, § 1.
Tenn. Code Ann. § 8-30-316 — TN Code / Title 8 / Chapter 30 / Section 8-30-316
Dismissal, demotion or suspension for cause
Status: in_force

(a) An employee in the preferred service who has successfully completed a probationary period becomes a preferred service employee and may be dismissed, demoted, or suspended for cause. The dismissal of a preferred service employee will take effect immediately after the appointing authority gives notice to such employee and files a written statement with the commissioner. The employee shall continue to receive compensation for ten (10) days following the date of dismissal. (b) An appointing authority may dismiss any employee when the authority determines that the good of the service will be served thereby. Whenever an employee is dismissed "for the good of the service," the notice of termination must outline the reasons for dismissal. (c) If an employee in state service willfully refuses or fails to appear before any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, the employee shall forfeit the employee's position and shall not be eligible for appointment to any position in state service. (d) Any employee who is absent from duty for more than three (3) consecutive work days without giving prior written or electronic notice to the appointing authority or appropriate manager that specifies the reason for such absence, and without securing permission to be on leave, or who fails to report for duty or to the immediate supervisor or the appointing authority within two (2) work days after the expiration of any authorized leave of absence, is considered as having resigned not in good standing, absent extenuating circumstances beyond the control of the employee causing the employee's absence or preventing the employee's return. An employee deemed to have resigned in accordance with these circumstances shall have the right to appeal such action through the appeal procedure described herein. (e) The commissioner may dismiss an employee if the commissioner finds that the employee was appointed as a result of fraud. (f) A preferred service employee is entitled to appeal a dismissal, demotion, or suspension as provided in § 8-30-318 . (g) A notice of termination shall include the reason for the termination in clear and concise language and shall state the facts that led to the termination. Amended by 2017 Tenn. Acts, ch. 469, s 4, eff. 7/1/2017. Acts 2012 , ch. 800, § 37.
(a) An employee in the preferred service who has successfully completed a probationary period becomes a preferred service employee and may be dismissed, demoted, or suspended for cause. The dismissal of a preferred service employee will take effect immediately after the appointing authority gives notice to such employee and files a written statement with the commissioner. The employee shall continue to receive compensation for ten (10) days following the date of dismissal.
(b) An appointing authority may dismiss any employee when the authority determines that the good of the service will be served thereby. Whenever an employee is dismissed "for the good of the service," the notice of termination must outline the reasons for dismissal.
(c) If an employee in state service willfully refuses or fails to appear before any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, the employee shall forfeit the employee's position and shall not be eligible for appointment to any position in state service.
(d) Any employee who is absent from duty for more than three (3) consecutive work days without giving prior written or electronic notice to the appointing authority or appropriate manager that specifies the reason for such absence, and without securing permission to be on leave, or who fails to report for duty or to the immediate supervisor or the appointing authority within two (2) work days after the expiration of any authorized leave of absence, is considered as having resigned not in good standing, absent extenuating circumstances beyond the control of the employee causing the employee's absence or preventing the employee's return. An employee deemed to have resigned in accordance with these circumstances shall have the right to appeal such action through the appeal procedure described herein.
(e) The commissioner may dismiss an employee if the commissioner finds that the employee was appointed as a result of fraud.
(f) A preferred service employee is entitled to appeal a dismissal, demotion, or suspension as provided in § 8-30-318 .
(g) A notice of termination shall include the reason for the termination in clear and concise language and shall state the facts that led to the termination.
Amended by 2017 Tenn. Acts, ch. 469, s 4, eff. 7/1/2017.
Acts 2012 , ch. 800, § 37.
Tenn. Code Ann. § 8-16-112 — TN Code / Title 8 / Chapter 16 / Section 8-16-112
Scope of authority - Powers - Electronic signature
Status: in_force

(a) A Tennessee notary public is authorized to act in any county in the state and has the power to acknowledge signatures upon personal knowledge or satisfactory proof, to administer oaths, to take depositions, to qualify parties to bills in chancery, and to take affidavits, in all cases. Furthermore, in all such cases the notary public's seal shall be affixed and the notary public shall sign such documents in ink by the notary's own hand unless otherwise provided by law. (b) The requirement of a notary public's signature in ink or by the notary's hand and a seal is satisfied if an electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. Amended by 2018 Tenn. Acts, ch. 931,s 3, eff. 7/1/2019. Acts 1949, ch. 254, § 4; C. Supp. 1950, § 5914.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1613; T.C.A. § 8-16-202 ; Acts 2004, ch. 854, §§ 8, 18.
(a) A Tennessee notary public is authorized to act in any county in the state and has the power to acknowledge signatures upon personal knowledge or satisfactory proof, to administer oaths, to take depositions, to qualify parties to bills in chancery, and to take affidavits, in all cases. Furthermore, in all such cases the notary public's seal shall be affixed and the notary public shall sign such documents in ink by the notary's own hand unless otherwise provided by law.
(b) The requirement of a notary public's signature in ink or by the notary's hand and a seal is satisfied if an electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
Amended by 2018 Tenn. Acts, ch. 931,s 3, eff. 7/1/2019.
Acts 1949, ch. 254, § 4; C. Supp. 1950, § 5914.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1613; T.C.A. § 8-16-202 ; Acts 2004, ch. 854, §§ 8, 18.
Tenn. Code Ann. § 8-27-209 — TN Code / Title 8 / Chapter 27 / Section 8-27-209
Supplemental medical insurance for retired state employees and teachers covered by Medicare benefits
Status: in_force

(a) The state insurance committee may provide a supplemental medical insurance benefit as the state insurance committee deems necessary and reasonable for retired state employees, as defined in § 8-27-204(a)(1) , who are covered by Medicare benefits, and may establish eligibility criteria for the benefit. The supplemental medical insurance benefit may be made available to: (1) Eligible retired state employees, eligible retired employees of the University of Tennessee, and eligible retired employees of the state university and community college system who are drawing retirement benefits through the Tennessee consolidated retirement system; and (2) Eligible retired employees of the University of Tennessee and the state university and community college system who are participants in any other retirement plan offered through their employment with the University of Tennessee or the state university and community college system, regardless of whether such retired employee is drawing a retirement benefit. (b) If, pursuant to any contract for insurance coverage authorized by this section, the provider or administrator returns or refunds any amounts by which premiums or fees exceed expenses, the amounts shall be used only for the supplemental medical insurance program for retired employees, and in no instance shall the returns or refunds be used to reduce the amount of state funding that would otherwise be required under subsection (c). (c) (1) From appropriations made in the general appropriations act each year for that purpose, the state insurance committee is authorized to pay an amount on behalf of each participating retiree toward the cost of supplemental medical insurance provided pursuant to this part. (2) [Deleted by 2023 amendment.] (d) (1) The state insurance committee shall, within the appropriations available, establish a contribution level for participating retirees with thirty (30) or more years of service. For participating retirees with twenty (20) years of service, but less than thirty (30) years of service, the state insurance committee shall make a contribution on behalf of participating retirees at not more than seventy-five percent (75%) of the contribution made for participating retirees with thirty (30) or more years of service. For participating retirees with fifteen (15) years of service, but less than twenty (20) years of service, the state insurance committee shall make a contribution on behalf of those retirees at not more than fifty percent (50%) of the contribution made for participating retirees with thirty (30) or more years of service. Retirees with less than fifteen (15) years of service may participate in such supplemental medical insurance as may be provided pursuant to this part, but the state insurance committee shall make no contribution on such retirees' behalf. (2) [Deleted by 2023 amendment.] (e) The supplemental medical insurance benefit authorized under this section shall not be available to any person otherwise qualified under subsection (a) whose initial employment with the state or other qualifying employer commenced on or after July 1, 2015. The rights of election, transfer, and enrollment conferred by this section shall not be available to any person whose initial employment with the state or other governmental agency qualifying the person for plan membership commenced on or after July 1, 2015. (f) As used in this section: (1) "Retiree" means: (A) A former state employee, or employee of the University of Tennessee, or the state university and community college system, who is drawing an allowance through the Tennessee consolidated retirement system; and (B) A former employee of the University of Tennessee, or the state university and community college system, who participates in the optional retirement system established in § 8-25-202 , regardless of whether the former employee draws a monthly retirement allowance; and (2) "Years of service" means only those years of service rendered by the retiree as a state employee, University of Tennessee employee, or state university and community college system higher education employee, or teacher in a local education agency, and upon which the retiree's monthly retirement allowance is based. Amended by 2023 Tenn. Acts, ch. 216, s 21, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 216, s 20, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 216, s 19, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 216, s 18, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 216, s 17, eff. 7/1/2023.
(a) The state insurance committee may provide a supplemental medical insurance benefit as the state insurance committee deems necessary and reasonable for retired state employees, as defined in § 8-27-204(a)(1) , who are covered by Medicare benefits, and may establish eligibility criteria for the benefit. The supplemental medical insurance benefit may be made available to: (1) Eligible retired state employees, eligible retired employees of the University of Tennessee, and eligible retired employees of the state university and community college system who are drawing retirement benefits through the Tennessee consolidated retirement system; and (2) Eligible retired employees of the University of Tennessee and the state university and community college system who are participants in any other retirement plan offered through their employment with the University of Tennessee or the state university and community college system, regardless of whether such retired employee is drawing a retirement benefit.
(1) Eligible retired state employees, eligible retired employees of the University of Tennessee, and eligible retired employees of the state university and community college system who are drawing retirement benefits through the Tennessee consolidated retirement system; and
(2) Eligible retired employees of the University of Tennessee and the state university and community college system who are participants in any other retirement plan offered through their employment with the University of Tennessee or the state university and community college system, regardless of whether such retired employee is drawing a retirement benefit.
(b) If, pursuant to any contract for insurance coverage authorized by this section, the provider or administrator returns or refunds any amounts by which premiums or fees exceed expenses, the amounts shall be used only for the supplemental medical insurance program for retired employees, and in no instance shall the returns or refunds be used to reduce the amount of state funding that would otherwise be required under subsection (c).
(c) (1) From appropriations made in the general appropriations act each year for that purpose, the state insurance committee is authorized to pay an amount on behalf of each participating retiree toward the cost of supplemental medical insurance provided pursuant to this part. (2) [Deleted by 2023 amendment.]
(1) From appropriations made in the general appropriations act each year for that purpose, the state insurance committee is authorized to pay an amount on behalf of each participating retiree toward the cost of supplemental medical insurance provided pursuant to this part.
(2) [Deleted by 2023 amendment.]
(d) (1) The state insurance committee shall, within the appropriations available, establish a contribution level for participating retirees with thirty (30) or more years of service. For participating retirees with twenty (20) years of service, but less than thirty (30) years of service, the state insurance committee shall make a contribution on behalf of participating retirees at not more than seventy-five percent (75%) of the contribution made for participating retirees with thirty (30) or more years of service. For participating retirees with fifteen (15) years of service, but less than twenty (20) years of service, the state insurance committee shall make a contribution on behalf of those retirees at not more than fifty percent (50%) of the contribution made for participating retirees with thirty (30) or more years of service. Retirees with less than fifteen (15) years of service may participate in such supplemental medical insurance as may be provided pursuant to this part, but the state insurance committee shall make no contribution on such retirees' behalf. (2) [Deleted by 2023 amendment.]
(1) The state insurance committee shall, within the appropriations available, establish a contribution level for participating retirees with thirty (30) or more years of service. For participating retirees with twenty (20) years of service, but less than thirty (30) years of service, the state insurance committee shall make a contribution on behalf of participating retirees at not more than seventy-five percent (75%) of the contribution made for participating retirees with thirty (30) or more years of service. For participating retirees with fifteen (15) years of service, but less than twenty (20) years of service, the state insurance committee shall make a contribution on behalf of those retirees at not more than fifty percent (50%) of the contribution made for participating retirees with thirty (30) or more years of service. Retirees with less than fifteen (15) years of service may participate in such supplemental medical insurance as may be provided pursuant to this part, but the state insurance committee shall make no contribution on such retirees' behalf.
(2) [Deleted by 2023 amendment.]
(e) The supplemental medical insurance benefit authorized under this section shall not be available to any person otherwise qualified under subsection (a) whose initial employment with the state or other qualifying employer commenced on or after July 1, 2015. The rights of election, transfer, and enrollment conferred by this section shall not be available to any person whose initial employment with the state or other governmental agency qualifying the person for plan membership commenced on or after July 1, 2015.
(f) As used in this section: (1) "Retiree" means: (A) A former state employee, or employee of the University of Tennessee, or the state university and community college system, who is drawing an allowance through the Tennessee consolidated retirement system; and (B) A former employee of the University of Tennessee, or the state university and community college system, who participates in the optional retirement system established in § 8-25-202 , regardless of whether the former employee draws a monthly retirement allowance; and (2) "Years of service" means only those years of service rendered by the retiree as a state employee, University of Tennessee employee, or state university and community college system higher education employee, or teacher in a local education agency, and upon which the retiree's monthly retirement allowance is based.
(1) "Retiree" means: (A) A former state employee, or employee of the University of Tennessee, or the state university and community college system, who is drawing an allowance through the Tennessee consolidated retirement system; and (B) A former employee of the University of Tennessee, or the state university and community college system, who participates in the optional retirement system established in § 8-25-202 , regardless of whether the former employee draws a monthly retirement allowance; and
(A) A former state employee, or employee of the University of Tennessee, or the state university and community college system, who is drawing an allowance through the Tennessee consolidated retirement system; and
(B) A former employee of the University of Tennessee, or the state university and community college system, who participates in the optional retirement system established in § 8-25-202 , regardless of whether the former employee draws a monthly retirement allowance; and
(2) "Years of service" means only those years of service rendered by the retiree as a state employee, University of Tennessee employee, or state university and community college system higher education employee, or teacher in a local education agency, and upon which the retiree's monthly retirement allowance is based.
Amended by 2023 Tenn. Acts, ch. 216, s 21, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 20, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 19, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 18, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 17, eff. 7/1/2023.
Tenn. Code Ann. § 8-47-110 — TN Code / Title 8 / Chapter 47 / Section 8-47-110
Petition in name of state - Filing by relators
Status: in_force

The petition or complaint shall be in the name of the state and may be filed upon the relation of the attorney general and reporter, or the district attorney general for the state, or the county attorney in the case of county officers, and of the city attorney, or the district attorney general, in the case of municipal officers; and in all cases it may be filed, without the concurrence of any of such officers, upon the relation of ten (10) or more citizens and freeholders of the state, county, or city, as the case may be, upon their giving the usual security for costs. Acts 1915, ch. 11, § 3; Shan., § 1135a3; Code 1932, § 1879; T.C.A. (orig. ed.), § 8-2710.
The petition or complaint shall be in the name of the state and may be filed upon the relation of the attorney general and reporter, or the district attorney general for the state, or the county attorney in the case of county officers, and of the city attorney, or the district attorney general, in the case of municipal officers; and in all cases it may be filed, without the concurrence of any of such officers, upon the relation of ten (10) or more citizens and freeholders of the state, county, or city, as the case may be, upon their giving the usual security for costs.
Acts 1915, ch. 11, § 3; Shan., § 1135a3; Code 1932, § 1879; T.C.A. (orig. ed.), § 8-2710.
Tenn. Code Ann. § 8-11-107 — TN Code / Title 8 / Chapter 11 / Section 8-11-107
Receipts for costs filed
Status: in_force

No county trustee shall pay to any clerk any bill of costs in which other claimants are included, unless the clerk files the receipt or order of such claimant at the time the payment is made. Code 1858, § 432 (deriv. Acts 1845-1846, ch. 32, § 7); Shan., § 528; Code 1932, § 780; T.C.A. (orig. ed.), § 8-1107.
No county trustee shall pay to any clerk any bill of costs in which other claimants are included, unless the clerk files the receipt or order of such claimant at the time the payment is made.
Code 1858, § 432 (deriv. Acts 1845-1846, ch. 32, § 7); Shan., § 528; Code 1932, § 780; T.C.A. (orig. ed.), § 8-1107.
Tenn. Code Ann. § 8-34-616 — TN Code / Title 8 / Chapter 34 / Section 8-34-616
Certain former members of the general assembly
Status: in_force

(a) Notwithstanding any other provisions to the contrary, any former member of the general assembly who elected not to be a member of the retirement system at the time of coming into the general assembly, or who became a member of the general assembly prior to the establishment of the superseded Tennessee state retirement system or this system may, upon proper documentation as requested by the board of trustees, claim this service as a member of the general assembly or any other service rendered as an employee of the state that has not been previously claimed or withdrawn by paying in a lump sum an amount equal to the amount such former member would have contributed had such former member been a member during the period or periods for which service is claimed, plus interest at the rate designated in § 8-37-214 . (b) Any retired member of any superseded retirement system or this system is hereby prohibited from claiming any additional service under this section for retirement credits. Acts 1973, ch. 347, § 12; 1979, ch. 320, § 10; T.C.A., § 8-3906.
(a) Notwithstanding any other provisions to the contrary, any former member of the general assembly who elected not to be a member of the retirement system at the time of coming into the general assembly, or who became a member of the general assembly prior to the establishment of the superseded Tennessee state retirement system or this system may, upon proper documentation as requested by the board of trustees, claim this service as a member of the general assembly or any other service rendered as an employee of the state that has not been previously claimed or withdrawn by paying in a lump sum an amount equal to the amount such former member would have contributed had such former member been a member during the period or periods for which service is claimed, plus interest at the rate designated in § 8-37-214 .
(b) Any retired member of any superseded retirement system or this system is hereby prohibited from claiming any additional service under this section for retirement credits.
Acts 1973, ch. 347, § 12; 1979, ch. 320, § 10; T.C.A., § 8-3906.
Tenn. Code Ann. § 8-23-201 — TN Code / Title 8 / Chapter 23 / Section 8-23-201
Compensation for extra services or overtime - Maintenance for certain officers and employees - Employees performing duties for other agencies
Status: in_force

(a) (1) No officer or employee in the several departments and agencies of the state government, employed at fixed compensation, shall be paid for any extra services, in an ex officio or other capacity, except: (A) Officially designated or auxiliary court reporters; (B) Qualified interpreters of the deaf; (C) When such officer's or employee's total annual income, including overtime payment, derived from the primary employment is less than eight thousand dollars ($8,000), that officer or employee may hold a part-time position that requires no more than four (4) hours of active duty per working day; or (D) As herein provided. (2) (A) This does not, however, prevent payment of compensation to state employees for hours worked in excess of the normal work week when such extra work is performed at the direction of the supervising department or agency head, authorized in advance by the commissioner of human resources and approved in advance by the commissioner of finance and administration. Neither this additional compensation nor compensatory time shall be available to the following persons: (i) Officials whose salaries are provided by § 8-23-101 ; (ii) Officials whose salaries are based on those provided for in § 8-23-101 ; (iii) All persons employed at the executive grade levels; (iv) The executive director or chief executive of any department or agency; and (v) Any executive of a state entity whose salary is set by a board or commission. (B) Compensation to other state employees, including those compensated under the doctors and dentists pay plan, for hours worked in excess of the normal work week shall only be provided under policies prepared by the commissioner of human resources and the commissioner of finance and administration and in consultation with the comptroller of the treasury and the attorney general and reporter. (3) Nothing in this section shall be construed to require the payment of overtime to any officer or employee except under circumstances in which overtime would be paid otherwise. (b) State officers and employees subject to appointment by the department of human resources shall be provided maintenance, including, but not limited to, housing and meals, only under policies prepared by the commissioner of finance and administration in consultation with the commissioner of human resources, the comptroller of the treasury, and the attorney general and reporter. (c) The commissioner of finance and administration, in consultation with the commissioner of human resources and with the approval of the attorney general and reporter and the comptroller of the treasury, is hereby authorized to promulgate rules and regulations establishing procedures for allowing state employees to perform duties for agencies other than the one with which they are employed by either contract between agencies or by direct payment to the individual. Unless specifically provided otherwise by such rules and regulations, such contracts for services as are entered into shall be subject to the approval of the commissioner of finance and administration and the commissioner of personnel, and a copy filed with the comptroller of the treasury. Acts 1937, ch. 33, § 14; C. Supp. 1950, § 255.14; Acts 1973, ch. 92, § 1; 1974, ch. 608, § 1; 1976, ch. 698, §§ 1, 2; 1977, ch. 123, § 2; 1979, ch. 428, §§ 1, 2; T.C.A. (orig. ed.), § 8-2310; Acts 1980, ch. 910, § 1; 1984, ch. 744, § 1; 2007 , ch. 60.
(a) (1) No officer or employee in the several departments and agencies of the state government, employed at fixed compensation, shall be paid for any extra services, in an ex officio or other capacity, except: (A) Officially designated or auxiliary court reporters; (B) Qualified interpreters of the deaf; (C) When such officer's or employee's total annual income, including overtime payment, derived from the primary employment is less than eight thousand dollars ($8,000), that officer or employee may hold a part-time position that requires no more than four (4) hours of active duty per working day; or (D) As herein provided. (2) (A) This does not, however, prevent payment of compensation to state employees for hours worked in excess of the normal work week when such extra work is performed at the direction of the supervising department or agency head, authorized in advance by the commissioner of human resources and approved in advance by the commissioner of finance and administration. Neither this additional compensation nor compensatory time shall be available to the following persons: (i) Officials whose salaries are provided by § 8-23-101 ; (ii) Officials whose salaries are based on those provided for in § 8-23-101 ; (iii) All persons employed at the executive grade levels; (iv) The executive director or chief executive of any department or agency; and (v) Any executive of a state entity whose salary is set by a board or commission. (B) Compensation to other state employees, including those compensated under the doctors and dentists pay plan, for hours worked in excess of the normal work week shall only be provided under policies prepared by the commissioner of human resources and the commissioner of finance and administration and in consultation with the comptroller of the treasury and the attorney general and reporter. (3) Nothing in this section shall be construed to require the payment of overtime to any officer or employee except under circumstances in which overtime would be paid otherwise.
(1) No officer or employee in the several departments and agencies of the state government, employed at fixed compensation, shall be paid for any extra services, in an ex officio or other capacity, except: (A) Officially designated or auxiliary court reporters; (B) Qualified interpreters of the deaf; (C) When such officer's or employee's total annual income, including overtime payment, derived from the primary employment is less than eight thousand dollars ($8,000), that officer or employee may hold a part-time position that requires no more than four (4) hours of active duty per working day; or (D) As herein provided.
(A) Officially designated or auxiliary court reporters;
(B) Qualified interpreters of the deaf;
(C) When such officer's or employee's total annual income, including overtime payment, derived from the primary employment is less than eight thousand dollars ($8,000), that officer or employee may hold a part-time position that requires no more than four (4) hours of active duty per working day; or
(D) As herein provided.
(2) (A) This does not, however, prevent payment of compensation to state employees for hours worked in excess of the normal work week when such extra work is performed at the direction of the supervising department or agency head, authorized in advance by the commissioner of human resources and approved in advance by the commissioner of finance and administration. Neither this additional compensation nor compensatory time shall be available to the following persons: (i) Officials whose salaries are provided by § 8-23-101 ; (ii) Officials whose salaries are based on those provided for in § 8-23-101 ; (iii) All persons employed at the executive grade levels; (iv) The executive director or chief executive of any department or agency; and (v) Any executive of a state entity whose salary is set by a board or commission. (B) Compensation to other state employees, including those compensated under the doctors and dentists pay plan, for hours worked in excess of the normal work week shall only be provided under policies prepared by the commissioner of human resources and the commissioner of finance and administration and in consultation with the comptroller of the treasury and the attorney general and reporter.
(A) This does not, however, prevent payment of compensation to state employees for hours worked in excess of the normal work week when such extra work is performed at the direction of the supervising department or agency head, authorized in advance by the commissioner of human resources and approved in advance by the commissioner of finance and administration. Neither this additional compensation nor compensatory time shall be available to the following persons: (i) Officials whose salaries are provided by § 8-23-101 ; (ii) Officials whose salaries are based on those provided for in § 8-23-101 ; (iii) All persons employed at the executive grade levels; (iv) The executive director or chief executive of any department or agency; and (v) Any executive of a state entity whose salary is set by a board or commission.
(i) Officials whose salaries are provided by § 8-23-101 ;
(ii) Officials whose salaries are based on those provided for in § 8-23-101 ;
(iii) All persons employed at the executive grade levels;
(iv) The executive director or chief executive of any department or agency; and
(v) Any executive of a state entity whose salary is set by a board or commission.
(B) Compensation to other state employees, including those compensated under the doctors and dentists pay plan, for hours worked in excess of the normal work week shall only be provided under policies prepared by the commissioner of human resources and the commissioner of finance and administration and in consultation with the comptroller of the treasury and the attorney general and reporter.
(3) Nothing in this section shall be construed to require the payment of overtime to any officer or employee except under circumstances in which overtime would be paid otherwise.
(b) State officers and employees subject to appointment by the department of human resources shall be provided maintenance, including, but not limited to, housing and meals, only under policies prepared by the commissioner of finance and administration in consultation with the commissioner of human resources, the comptroller of the treasury, and the attorney general and reporter.
(c) The commissioner of finance and administration, in consultation with the commissioner of human resources and with the approval of the attorney general and reporter and the comptroller of the treasury, is hereby authorized to promulgate rules and regulations establishing procedures for allowing state employees to perform duties for agencies other than the one with which they are employed by either contract between agencies or by direct payment to the individual. Unless specifically provided otherwise by such rules and regulations, such contracts for services as are entered into shall be subject to the approval of the commissioner of finance and administration and the commissioner of personnel, and a copy filed with the comptroller of the treasury.
Acts 1937, ch. 33, § 14; C. Supp. 1950, § 255.14; Acts 1973, ch. 92, § 1; 1974, ch. 608, § 1; 1976, ch. 698, §§ 1, 2; 1977, ch. 123, § 2; 1979, ch. 428, §§ 1, 2; T.C.A. (orig. ed.), § 8-2310; Acts 1980, ch. 910, § 1; 1984, ch. 744, § 1; 2007 , ch. 60.
Tenn. Code Ann. § 8-16-312 — TN Code / Title 8 / Chapter 16 / Section 8-16-312
Termination of online notary public's commission
Status: in_force

(a) The secretary of state shall terminate the commission of an online notary public if the online notary fails to comply with this chapter. (b) Except as provided in subsection (c), an online notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public's official electronic signature or seal. The online notary public shall certify compliance with this subsection (b) to the secretary of state as provided in rule. (c) A former online notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in subsection (b) if the former online notary public is recommissioned as an online notary public with the same electronic signature and seal within three (3) months after the former commission terminated. Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
(a) The secretary of state shall terminate the commission of an online notary public if the online notary fails to comply with this chapter.
(b) Except as provided in subsection (c), an online notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public's official electronic signature or seal. The online notary public shall certify compliance with this subsection (b) to the secretary of state as provided in rule.
(c) A former online notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in subsection (b) if the former online notary public is recommissioned as an online notary public with the same electronic signature and seal within three (3) months after the former commission terminated.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
Tenn. Code Ann. § 8-37-106 — TN Code / Title 8 / Chapter 37 / Section 8-37-106
Transaction of business - Nominees
Status: in_force

All of the board's business shall be transacted, all of its funds invested, all warrants for money drawn, any payments made, and all of its cash and securities and other property shall be held: (1) In the name of the board; (2) In the name of its nominee; provided, that the nominee is authorized by retirement board resolution solely for the purpose of facilitating the transfer of securities and restricted to members of the board, or a partnership composed of any such members; or (3) For the account of the board or its nominee in such forms as are standard in the investment community for the timely transaction of business or ownership identification, such as book entry accounts. Acts 1972, ch. 814, § 7; 1978, ch. 741, § 2; T.C.A., § 8-3929(1).
All of the board's business shall be transacted, all of its funds invested, all warrants for money drawn, any payments made, and all of its cash and securities and other property shall be held:
(1) In the name of the board;
(2) In the name of its nominee; provided, that the nominee is authorized by retirement board resolution solely for the purpose of facilitating the transfer of securities and restricted to members of the board, or a partnership composed of any such members; or
(3) For the account of the board or its nominee in such forms as are standard in the investment community for the timely transaction of business or ownership identification, such as book entry accounts.
Acts 1972, ch. 814, § 7; 1978, ch. 741, § 2; T.C.A., § 8-3929(1).
Tenn. Code Ann. § 8-8-212 — TN Code / Title 8 / Chapter 8 / Section 8-8-212
Special deputies - Exchange of law enforcement officers
Status: in_force

(a) The sheriff may appoint as many special deputies as the sheriff may think proper, on urgent occasions, or when required for particular purposes. (b) The sheriff may appoint as many private special deputies as qualify for appointment pursuant to § 38-8-118 . (c) (1) The sheriff is also authorized to enter into agreements with other law enforcement agencies, including, but not limited to, other county sheriff departments, for the exchange of law enforcement officers when required for a particular purpose. Such exchanged officers shall be covered by liability insurance by the agency of their regular employment or by the agency to which such officers are being assigned. Responding officers under such agreements may be deputized by the requesting sheriff without making application to the court; provided, that such exchanged officers shall serve in such capacity only for the time necessary to complete the particular purpose for which the exchange was made. (2) The law enforcement officers exchanged under this subsection (c) shall not be deemed to be special deputies, and § 8-8-303 shall in no way be applicable to such law enforcement officers while serving in the capacity for the particular purpose for which the exchange was made. Acts 1870, ch. 8, § 1; impl. am. Acts 1907, ch. 436; Shan., § 448; Code 1932, § 695; mod. C. Supp. 1950, § 695; T.C.A. (orig. ed.), § 8-821; Acts 1983, ch. 117, § 1; 2006, ch. 862, § 3.
(a) The sheriff may appoint as many special deputies as the sheriff may think proper, on urgent occasions, or when required for particular purposes.
(b) The sheriff may appoint as many private special deputies as qualify for appointment pursuant to § 38-8-118 .
(c) (1) The sheriff is also authorized to enter into agreements with other law enforcement agencies, including, but not limited to, other county sheriff departments, for the exchange of law enforcement officers when required for a particular purpose. Such exchanged officers shall be covered by liability insurance by the agency of their regular employment or by the agency to which such officers are being assigned. Responding officers under such agreements may be deputized by the requesting sheriff without making application to the court; provided, that such exchanged officers shall serve in such capacity only for the time necessary to complete the particular purpose for which the exchange was made. (2) The law enforcement officers exchanged under this subsection (c) shall not be deemed to be special deputies, and § 8-8-303 shall in no way be applicable to such law enforcement officers while serving in the capacity for the particular purpose for which the exchange was made.
(1) The sheriff is also authorized to enter into agreements with other law enforcement agencies, including, but not limited to, other county sheriff departments, for the exchange of law enforcement officers when required for a particular purpose. Such exchanged officers shall be covered by liability insurance by the agency of their regular employment or by the agency to which such officers are being assigned. Responding officers under such agreements may be deputized by the requesting sheriff without making application to the court; provided, that such exchanged officers shall serve in such capacity only for the time necessary to complete the particular purpose for which the exchange was made.
(2) The law enforcement officers exchanged under this subsection (c) shall not be deemed to be special deputies, and § 8-8-303 shall in no way be applicable to such law enforcement officers while serving in the capacity for the particular purpose for which the exchange was made.
Acts 1870, ch. 8, § 1; impl. am. Acts 1907, ch. 436; Shan., § 448; Code 1932, § 695; mod. C. Supp. 1950, § 695; T.C.A. (orig. ed.), § 8-821; Acts 1983, ch. 117, § 1; 2006, ch. 862, § 3.
Tenn. Code Ann. § 8-26-112 — TN Code / Title 8 / Chapter 26 / Section 8-26-112
Expenses of salaried county officers, clerks and masters
Status: in_force

(a) In counties having a population of one hundred thousand (100,000) or more, according to the last federal census, any salaried county official who is paid from county funds and who holds office by election of the people, by election of the county legislative body, or by election of any other county board or commission, and any clerk or master appointed by a chancellor, shall be reimbursed from county funds for the actual expense which such county official, clerk or master may incur as an incident to holding such office. Such expenses include, but are not limited to, lodging while away from such person's official residence, and traveling expenses both within and without the county of such person's official residence. However, the county legislative body may by resolution determine what expenses will be reimbursable, and the county mayor will prescribe forms on which such expenses will be reported, and will examine such expense reports when submitted to determine if the expense is reimbursable, and if so forward the expense report to the proper disbursing officer for payment. (b) In all other counties of the state, the county legislative body may by resolution elect to pay the expenses of elected county officials, and may promulgate rules of procedure as to how expenses will be reimbursed and determine what expenses are reimbursable. In such county so resolving, it will be the duty of the county mayor to prescribe forms on which expenses will be reported, and it is further made the county mayor's duty to examine such expense report to determine if all expenses so listed as reimbursable are legally reimbursable expenditures within the schedule as determined and announced by the county legislative body and, if such listed expenses are reimbursable, then to forward the expense report to the proper disbursing officer for payment. (c) No expenses will be paid under this section which are now authorized and paid under any other law. Acts 1957, ch. 279, §§ 1, 2A; 1961, ch. 238, §§ 1, 2; 1972, ch. 527, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §8-2515; Acts 2003 , ch. 90, § 2.
(a) In counties having a population of one hundred thousand (100,000) or more, according to the last federal census, any salaried county official who is paid from county funds and who holds office by election of the people, by election of the county legislative body, or by election of any other county board or commission, and any clerk or master appointed by a chancellor, shall be reimbursed from county funds for the actual expense which such county official, clerk or master may incur as an incident to holding such office. Such expenses include, but are not limited to, lodging while away from such person's official residence, and traveling expenses both within and without the county of such person's official residence. However, the county legislative body may by resolution determine what expenses will be reimbursable, and the county mayor will prescribe forms on which such expenses will be reported, and will examine such expense reports when submitted to determine if the expense is reimbursable, and if so forward the expense report to the proper disbursing officer for payment.
(b) In all other counties of the state, the county legislative body may by resolution elect to pay the expenses of elected county officials, and may promulgate rules of procedure as to how expenses will be reimbursed and determine what expenses are reimbursable. In such county so resolving, it will be the duty of the county mayor to prescribe forms on which expenses will be reported, and it is further made the county mayor's duty to examine such expense report to determine if all expenses so listed as reimbursable are legally reimbursable expenditures within the schedule as determined and announced by the county legislative body and, if such listed expenses are reimbursable, then to forward the expense report to the proper disbursing officer for payment.
(c) No expenses will be paid under this section which are now authorized and paid under any other law.
Acts 1957, ch. 279, §§ 1, 2A; 1961, ch. 238, §§ 1, 2; 1972, ch. 527, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §8-2515; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 8-27-908 — TN Code / Title 8 / Chapter 27 / Section 8-27-908
Intent of general assembly
Status: in_force

It is the intention of the general assembly that §§ 8-27-905 - 8-27-907 be used in lieu of application of the "made whole" doctrine for any recovery authorized under this part. Sections 8-27-905 - 8-27-907 apply to cases that have been settled when no lawsuit has been filed. Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
It is the intention of the general assembly that §§ 8-27-905 - 8-27-907 be used in lieu of application of the "made whole" doctrine for any recovery authorized under this part. Sections 8-27-905 - 8-27-907 apply to cases that have been settled when no lawsuit has been filed.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
Tenn. Code Ann. § 8-30-209 — TN Code / Title 8 / Chapter 30 / Section 8-30-209
Assignment to higher level classification - Approval - Duration - Compensation
Status: in_force

No preferred service employee shall be assigned to perform the majority of the duties and responsibilities of a position in a higher level classification than that of the position occupied by the employee, without the approval of the appointing authority. When an employee is so assigned, the duration of such assignment may not exceed ninety (90) days without the approval of the commissioner. The commissioner, in consultation with the commissioner of finance and administration, shall establish a procedure under which an employee who is assigned to perform the majority of the duties and responsibilities of a higher level classification for a period in excess of ninety (90) days shall receive additional compensation for such assignment. Acts 2012, ch. 800, § 18.
No preferred service employee shall be assigned to perform the majority of the duties and responsibilities of a position in a higher level classification than that of the position occupied by the employee, without the approval of the appointing authority. When an employee is so assigned, the duration of such assignment may not exceed ninety (90) days without the approval of the commissioner. The commissioner, in consultation with the commissioner of finance and administration, shall establish a procedure under which an employee who is assigned to perform the majority of the duties and responsibilities of a higher level classification for a period in excess of ninety (90) days shall receive additional compensation for such assignment.
Acts 2012, ch. 800, § 18.
Tenn. Code Ann. § 8-7-227 — TN Code / Title 8 / Chapter 7 / Section 8-7-227
Prior service credits for assistant district attorneys general
Status: in_force

The executive director of the Tennessee district attorneys general conference shall certify the entry level of compensation awarded to assistant district attorneys general based on prior service credits. Assistant district attorneys general shall be entitled to prior service credits as follows: (1) Any assistant district attorney general who has prior experience as an assistant district attorney, a district attorney general, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney that served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction, a district public defender, an assistant district public defender, or one who as a commissioned officer worked as a military attorney in the field of criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district attorney general, and subject to the approval of the executive director of the Tennessee district attorneys general conference; and (2) The executive director of the Tennessee district attorneys general conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years. Amended by 2022 Tenn. Acts, ch. 1122, s 4, eff. 6/1/2022. Acts 1994, ch. 704, § 3; 1996, ch. 740, § 1; 1996, ch. 996, § 2; 1998, ch. 731, § 1; 2007 , ch. 565, §§ 1, 3.
The executive director of the Tennessee district attorneys general conference shall certify the entry level of compensation awarded to assistant district attorneys general based on prior service credits. Assistant district attorneys general shall be entitled to prior service credits as follows:
(1) Any assistant district attorney general who has prior experience as an assistant district attorney, a district attorney general, a criminal investigator for the district attorneys general, a United States attorney, an assistant United States attorney, an assistant attorney general representing the state in criminal litigation, an elected judge of a court with criminal jurisdiction, an attorney that served as a law clerk for an appellate or trial judge of a court with criminal jurisdiction, a district public defender, an assistant district public defender, or one who as a commissioned officer worked as a military attorney in the field of criminal prosecution while on full-time active duty in the judge advocate general's corps of any of the armed services of the United States, shall be eligible to receive year-for-year credit upon the recommendation of the hiring district attorney general, and subject to the approval of the executive director of the Tennessee district attorneys general conference; and
(2) The executive director of the Tennessee district attorneys general conference may certify prior service credits for prior practice of law but not exceeding the assistant's experience as a licensed practicing attorney and, in no case, shall year-for-year credit exceed twelve (12) years.
Amended by 2022 Tenn. Acts, ch. 1122, s 4, eff. 6/1/2022.
Acts 1994, ch. 704, § 3; 1996, ch. 740, § 1; 1996, ch. 996, § 2; 1998, ch. 731, § 1; 2007 , ch. 565, §§ 1, 3.
Tenn. Code Ann. § 8-19-206 — TN Code / Title 8 / Chapter 19 / Section 8-19-206
Judgment - Filling of vacancies
Status: in_force

If, upon service and return of the summons and after a hearing, the circuit or chancery court finds that the county officer or constable failed or refused to enter into an official bond as required by law, the court shall enter a judgment declaring the office vacant, and the vacancy shall be filled according to law. Code 1858, § 727 (deriv. Acts 1843-1844, ch. 103, § 11); Shan., § 1040; Code 1932, § 1769; Acts 1977, ch. 270, § 13; 1978, ch. 689, § 9; T.C.A. (orig. ed.), § 8-1932; Acts 1982, ch. 592, § 2.
If, upon service and return of the summons and after a hearing, the circuit or chancery court finds that the county officer or constable failed or refused to enter into an official bond as required by law, the court shall enter a judgment declaring the office vacant, and the vacancy shall be filled according to law.
Code 1858, § 727 (deriv. Acts 1843-1844, ch. 103, § 11); Shan., § 1040; Code 1932, § 1769; Acts 1977, ch. 270, § 13; 1978, ch. 689, § 9; T.C.A. (orig. ed.), § 8-1932; Acts 1982, ch. 592, § 2.
Tenn. Code Ann. § 8-50-103 — TN Code / Title 8 / Chapter 50 / Section 8-50-103
Employment of the disabled - Discrimination prohibited - Penalty - Complaint
Status: in_force

(a) This section and § 8-50-104 shall be known and may be cited as the "Tennessee Disability Act." (b) There shall be no discrimination in the hiring, firing and other terms and conditions of employment of the state of Tennessee or any department, agency, institution or political subdivision of the state, or of any private employer, against any applicant for employment based solely upon any physical, mental or visual disability of the applicant, unless such disability to some degree prevents the applicant from performing the duties required by the employment sought or impairs the performance of the work involved. Furthermore, no blind person shall be discriminated against in any such employment practices because such person uses a guide dog. A violation of this subsection (b) is a Class C misdemeanor. (c) (1) Any person claiming to be aggrieved by a discriminatory practice prohibited by this section may file with the Tennessee human rights commission a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the commission to identify the persons charged. (2) Upon receipt of such complaint, the commission shall follow the procedure and exercise the powers and duties provided in §§ 4-21-302 - 4-21-311, and the person shall have all rights provided therein. (d) For purposes of this section, "employer" means the state, or any political or civil subdivision thereof, and persons employing eight (8) or more persons within the state. Amended by 2014 Tenn. Acts, ch. 995,s 3, eff. 7/1/2014. Acts 1976, ch. 457, § 1; 1979, ch. 104, § 1; 1979, ch. 222, § 1; T.C.A., § 8-4131; Acts 1986, ch. 692, § 1; 1986, ch. 869, § 16; 1987, ch. 15, §§ 1, 2; 1989, ch. 591, § 113; 1990, ch. 773, § 1; 2008 , ch. 706, §§ 3, 5.
(a) This section and § 8-50-104 shall be known and may be cited as the "Tennessee Disability Act."
(b) There shall be no discrimination in the hiring, firing and other terms and conditions of employment of the state of Tennessee or any department, agency, institution or political subdivision of the state, or of any private employer, against any applicant for employment based solely upon any physical, mental or visual disability of the applicant, unless such disability to some degree prevents the applicant from performing the duties required by the employment sought or impairs the performance of the work involved. Furthermore, no blind person shall be discriminated against in any such employment practices because such person uses a guide dog. A violation of this subsection (b) is a Class C misdemeanor.
(c) (1) Any person claiming to be aggrieved by a discriminatory practice prohibited by this section may file with the Tennessee human rights commission a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the commission to identify the persons charged. (2) Upon receipt of such complaint, the commission shall follow the procedure and exercise the powers and duties provided in §§ 4-21-302 - 4-21-311, and the person shall have all rights provided therein.
(1) Any person claiming to be aggrieved by a discriminatory practice prohibited by this section may file with the Tennessee human rights commission a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the commission to identify the persons charged.
(2) Upon receipt of such complaint, the commission shall follow the procedure and exercise the powers and duties provided in §§ 4-21-302 - 4-21-311, and the person shall have all rights provided therein.
(d) For purposes of this section, "employer" means the state, or any political or civil subdivision thereof, and persons employing eight (8) or more persons within the state.
Amended by 2014 Tenn. Acts, ch. 995,s 3, eff. 7/1/2014.
Acts 1976, ch. 457, § 1; 1979, ch. 104, § 1; 1979, ch. 222, § 1; T.C.A., § 8-4131; Acts 1986, ch. 692, § 1; 1986, ch. 869, § 16; 1987, ch. 15, §§ 1, 2; 1989, ch. 591, § 113; 1990, ch. 773, § 1; 2008 , ch. 706, §§ 3, 5.
Tenn. Code Ann. § 8-35-501 — TN Code / Title 8 / Chapter 35 / Section 8-35-501
Participation in consolidated retirement system
Status: in_force

The Tennessee Sheriffs' Association shall be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the association's board of directors authorizing such participation and accepting the liability incurred as a result of the participation of its employees. Acts 1981, ch. 90, § 1.
The Tennessee Sheriffs' Association shall be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the association's board of directors authorizing such participation and accepting the liability incurred as a result of the participation of its employees.
Acts 1981, ch. 90, § 1.
Tenn. Code Ann. § 8-19-412 — TN Code / Title 8 / Chapter 19 / Section 8-19-412
New bond by consent of principal
Status: in_force

When an officer consents in any case, upon public or private application of any of such officer's sureties, to give a new bond, it may be taken without further proceedings, with the same effect as if executed upon order. Code 1858, § 788; Shan., § 1109; Code 1932, § 1851; T.C.A. (orig. ed.), § 8-1946.
When an officer consents in any case, upon public or private application of any of such officer's sureties, to give a new bond, it may be taken without further proceedings, with the same effect as if executed upon order.
Code 1858, § 788; Shan., § 1109; Code 1932, § 1851; T.C.A. (orig. ed.), § 8-1946.
Tenn. Code Ann. § 8-25-101 — TN Code / Title 8 / Chapter 25 / Section 8-25-101
Title
Status: in_force

This part shall be known as the "Government Employees Deferred Compensation Plan Act," and may be so cited. Acts 1973, ch. 359, § 1; T.C.A., § 8-4301.
This part shall be known as the "Government Employees Deferred Compensation Plan Act," and may be so cited.
Acts 1973, ch. 359, § 1; T.C.A., § 8-4301.
Tenn. Code Ann. § 8-33-108 — TN Code / Title 8 / Chapter 33 / Section 8-33-108
Inconsistent laws inapplicable
Status: in_force

Any laws or parts of laws which are inconsistent with §§ 8-33-101 - 8-33-107, or which would serve to defeat the purposes thereof, shall to such extent be deemed inapplicable to public employees and public employers in the exercise of the rights and privileges conferred by those sections. Acts 1951, ch. 112, § 7 (Williams, § 1034.79); T.C.A. (orig. ed.), § 8-3308.
Any laws or parts of laws which are inconsistent with §§ 8-33-101 - 8-33-107, or which would serve to defeat the purposes thereof, shall to such extent be deemed inapplicable to public employees and public employers in the exercise of the rights and privileges conferred by those sections.
Acts 1951, ch. 112, § 7 (Williams, § 1034.79); T.C.A. (orig. ed.), § 8-3308.
Tenn. Code Ann. § 8-16-302 — TN Code / Title 8 / Chapter 16 / Section 8-16-302
Part definitions
Status: in_force

As used in this part: (1) "Appear" or "appearance" or "personally appear" means: (A) Appearing physically before a notary public; or (B) Appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state; (2) "Credential analysis" means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources; (3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (4) "Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means; (5) "Electronic notarial certificate" means the portion of a notarized electronic document that is completed by an online notary public and contains the following: (A) The online notary public's electronic signature, electronic seal, title, and commission expiration date; (B) Other information required by the secretary of state in rule concerning the date and place of the online notarization; and (C) The facts attested to or certified by the online notary public in the particular notarization; (6) "Electronic seal" means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents; (7) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document; (8) "Identity proofing" means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources; (9) "Notarial act" means the performance by an online notary public of a function authorized under § 8-16-112 ; (10) "Online notarization" means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under § 8-16-305 ; (11) "Online notary public" means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part; (12) "Principal" means an individual: (A) Whose electronic signature is notarized in an online notarization; or (B) Who appears before and provides an acknowledgement of or takes an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization; and (13) "Remote presentation" means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to: (A) Identify the individual seeking the online notary public's services; and (B) Perform credential analysis. Added by 2018 Tenn. Acts, ch. 931, s 2, eff. 7/1/2019.
As used in this part:
(1) "Appear" or "appearance" or "personally appear" means: (A) Appearing physically before a notary public; or (B) Appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state;
(A) Appearing physically before a notary public; or
(B) Appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state;
(2) "Credential analysis" means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources;
(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(4) "Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means;
(5) "Electronic notarial certificate" means the portion of a notarized electronic document that is completed by an online notary public and contains the following: (A) The online notary public's electronic signature, electronic seal, title, and commission expiration date; (B) Other information required by the secretary of state in rule concerning the date and place of the online notarization; and (C) The facts attested to or certified by the online notary public in the particular notarization;
(A) The online notary public's electronic signature, electronic seal, title, and commission expiration date;
(B) Other information required by the secretary of state in rule concerning the date and place of the online notarization; and
(C) The facts attested to or certified by the online notary public in the particular notarization;
(6) "Electronic seal" means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents;
(7) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document;
(8) "Identity proofing" means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources;
(9) "Notarial act" means the performance by an online notary public of a function authorized under § 8-16-112 ;
(10) "Online notarization" means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under § 8-16-305 ;
(11) "Online notary public" means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part;
(12) "Principal" means an individual: (A) Whose electronic signature is notarized in an online notarization; or (B) Who appears before and provides an acknowledgement of or takes an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization; and
(A) Whose electronic signature is notarized in an online notarization; or
(B) Who appears before and provides an acknowledgement of or takes an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization; and
(13) "Remote presentation" means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to: (A) Identify the individual seeking the online notary public's services; and (B) Perform credential analysis.
(A) Identify the individual seeking the online notary public's services; and
(B) Perform credential analysis.
Added by 2018 Tenn. Acts, ch. 931, s 2, eff. 7/1/2019.
Tenn. Code Ann. § 8-35-231 — TN Code / Title 8 / Chapter 35 / Section 8-35-231
Tennessee County Commissioners' Association
Status: in_force

(a) The Tennessee County Commissioners' Association shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon: (1) Passage of a resolution by the association's board of directors authorizing and funding an actuarial study; and (2) 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. 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. (c) In case of the withdrawal of the association 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 association 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. Acts 1988, ch. 543, § 1.
(a) The Tennessee County Commissioners' Association shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon: (1) Passage of a resolution by the association's board of directors authorizing and funding an actuarial study; and (2) Passage by the association's board of directors of a resolution authorizing participation and accepting liability incurred as a result of such participation.
(1) Passage of a resolution by the association's board of directors authorizing and funding an actuarial study; and
(2) 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. 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.
(c) In case of the withdrawal of the association 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 association 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.
Acts 1988, ch. 543, § 1.
Tenn. Code Ann. § 8-6-109 — TN Code / Title 8 / Chapter 6 / Section 8-6-109
Duties
Status: in_force

(a) The attorney general and reporter has and shall exercise all duties vested in the office by the Constitution of Tennessee and all duties and authority pertaining to the office of the attorney general and reporter under the statutory law. The attorney general and reporter is authorized to utilize and refer to the common law in cases in which the state is a party. (b) In addition to the duties described in subsection (a), the attorney general and reporter, or assistants acting at the attorney general and reporter's discretion, has the following duties: (1) The trial and direction of all civil litigated matters and administrative proceedings in which the state or any officer, department, agency, board, commission or instrumentality of the state may be interested; (2) To attend to all business of the state, both civil and criminal in the court of appeals, the court of criminal appeals and the supreme court; (3) To attend to all legal business connected with the management of the state treasury, or debts due and owing to the state, or debts and liabilities claimed against the treasury of the state, or suits brought against the comptroller of the treasury before any court where such litigation may be pending; (4) To attend to any other legal duty which the comptroller of the treasury and the state treasurer may require the attorney general and reporter or such assistants to perform, connected with the state treasury; (5) To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, any legal advice required in the discharge of their official duties; (6) To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, written legal opinions on all matters submitted by them in the discharge of their official duties. Written opinions issued pursuant hereto shall be made available for public inspection. It is the legislative intent that when a request for a written legal opinion is from a member of the general assembly and concerns pending legislation, such request shall be replied to as expeditiously as possible; (7) To report the decisions of the court of appeals, the court of criminal appeals and the supreme court of Tennessee in the manner prescribed by law; (8) To examine and certify all bills of cost in the appellate courts of the state in which the state of Tennessee is interested before they are ordered to be paid by the state; (9) To defend the constitutionality and validity of all legislation of statewide applicability, except as provided in subdivision (b)(10), enacted by the general assembly, except in those instances where the attorney general and reporter is of the opinion that such legislation is not constitutional, in which event the attorney general and reporter shall so certify to the speaker of each house of the general assembly; (10) To exercise discretion to defend the constitutionality and validity of all private acts and general laws of local application enacted by the general assembly and of administrative rules or regulations of this state. However, a sufficient adversary relationship must exist before the discretion not to defend the constitutionality of all legislation of local application may be exercised. If such discretion not to defend is exercised, such decision shall be certified to the speaker of each house of the general assembly, in the same manner as provided in subdivision (b)(9); (11) To notify the director of the fiscal review committee of any lawsuit filed in state or federal court, in which the state is a named party and the attorney general and reporter or assistants are representing the state, which contains as part of the pleadings an allegation which would raise an issue: (A) Of insufficient funding of a law as enacted or amended, including any regulation authorized by such act; or (B) That the implementation by a department, agency, or governmental entity of a law as enacted or amended, including any regulation authorized by such act, was accomplished in a manner which resulted in insufficient funding; which lawsuit, if adjudicated in the plaintiff's favor, would result in a mandated increase in state expenditures; (12) To confer with the speaker of each house of the general assembly upon notification by the director of the fiscal review committee under § 3-7-109 ; (13) To defend local education agencies and/or their present or past superintendents, board members, teachers, or nonprofessional staff members, hereinafter referred to as employees, upon the formal request in writing of any such employee in any case involving a claim of injury or damage alleged to have been proximately caused by acts or omissions of such employees within their scope of employment with the local education agency in detecting, managing or removing asbestos from any building or structure owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools. In the event that the attorney general and reporter determines that the best interest of the state or employee requires private counsel, the employee shall be notified, and shall have the right to file for reimbursement of defense cost in accordance with chapter 42 of this title in the same manner as state employees; (14) To bring suit upon behalf of the state, local government units or local education agencies to recover public funds from entities financed by the funds and their directors or officers when the funds through the improper actions of the directors or officers have been used for unauthorized purposes, misapplied or misappropriated; and (15) To attend to any other duty which may devolve upon, or be imposed upon, the attorney general and reporter by law. (c) Notwithstanding § 8-6-106 to the contrary, in all cases in which the attorney general and reporter has certified to the speaker of each house of the general assembly the decision not to defend the constitutionality and validity of any law pursuant to subsection (b), the speakers, acting jointly, may employ legal counsel to defend the constitutionality of such law. Such counsel shall be paid such compensation for their services as the speakers may deem just; the same to be paid out of any money in the state treasury not otherwise appropriated, upon the certification of the speakers to the commissioner of finance and administration. (d) The attorney general and reporter, or assistants acting at the attorney general and reporter's discretion, shall notify the director of the office of legal services or the director's designee and the director of the fiscal review committee of any lawsuit filed in state or federal court, in which the state is a named party and the attorney general and reporter or assistants are representing the state, and in which the adjudication could result in a significant increase in state expenditures, in a decision on a policy issue which may result in a significant increase in state expenditures, or in a decision which may affect the bond rating of the state. (e) Notwithstanding § 8-6-106 , or other law to the contrary, in all cases within subsection (d), the speaker of the senate and the speaker of the house of representatives, acting jointly, may employ legal counsel to advise them; provided, that the attorney general and reporter shall remain the state's sole representative in federal and state court proceedings. Such counsel shall be paid such compensation for services rendered as the speakers may approve and such compensation shall be paid out of any money in the state treasury not otherwise appropriated, upon the certification of the speakers to the commissioner of finance and administration. Code 1858, § 3952 (deriv. Acts 1835-1836, ch. 51, § 1); Acts 1870-1871, ch. 3, § 1; 1871, ch. 99, § 2; Shan., § 5756; mod. Code 1932, § 9956; Acts 1977, ch. 149, §§ 2-4; 1978, ch. 890, § 3; 1979, ch. 422, § 2; T.C.A. (orig. ed.), § 8-609; Acts 1981, ch. 287, § 1; 1982, ch. 602, § 1; 1986, ch. 728, § 2; 1986, ch. 772, § 2; 2006, ch. 923, § 5.
(a) The attorney general and reporter has and shall exercise all duties vested in the office by the Constitution of Tennessee and all duties and authority pertaining to the office of the attorney general and reporter under the statutory law. The attorney general and reporter is authorized to utilize and refer to the common law in cases in which the state is a party.
(b) In addition to the duties described in subsection (a), the attorney general and reporter, or assistants acting at the attorney general and reporter's discretion, has the following duties: (1) The trial and direction of all civil litigated matters and administrative proceedings in which the state or any officer, department, agency, board, commission or instrumentality of the state may be interested; (2) To attend to all business of the state, both civil and criminal in the court of appeals, the court of criminal appeals and the supreme court; (3) To attend to all legal business connected with the management of the state treasury, or debts due and owing to the state, or debts and liabilities claimed against the treasury of the state, or suits brought against the comptroller of the treasury before any court where such litigation may be pending; (4) To attend to any other legal duty which the comptroller of the treasury and the state treasurer may require the attorney general and reporter or such assistants to perform, connected with the state treasury; (5) To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, any legal advice required in the discharge of their official duties; (6) To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, written legal opinions on all matters submitted by them in the discharge of their official duties. Written opinions issued pursuant hereto shall be made available for public inspection. It is the legislative intent that when a request for a written legal opinion is from a member of the general assembly and concerns pending legislation, such request shall be replied to as expeditiously as possible; (7) To report the decisions of the court of appeals, the court of criminal appeals and the supreme court of Tennessee in the manner prescribed by law; (8) To examine and certify all bills of cost in the appellate courts of the state in which the state of Tennessee is interested before they are ordered to be paid by the state; (9) To defend the constitutionality and validity of all legislation of statewide applicability, except as provided in subdivision (b)(10), enacted by the general assembly, except in those instances where the attorney general and reporter is of the opinion that such legislation is not constitutional, in which event the attorney general and reporter shall so certify to the speaker of each house of the general assembly; (10) To exercise discretion to defend the constitutionality and validity of all private acts and general laws of local application enacted by the general assembly and of administrative rules or regulations of this state. However, a sufficient adversary relationship must exist before the discretion not to defend the constitutionality of all legislation of local application may be exercised. If such discretion not to defend is exercised, such decision shall be certified to the speaker of each house of the general assembly, in the same manner as provided in subdivision (b)(9); (11) To notify the director of the fiscal review committee of any lawsuit filed in state or federal court, in which the state is a named party and the attorney general and reporter or assistants are representing the state, which contains as part of the pleadings an allegation which would raise an issue: (A) Of insufficient funding of a law as enacted or amended, including any regulation authorized by such act; or (B) That the implementation by a department, agency, or governmental entity of a law as enacted or amended, including any regulation authorized by such act, was accomplished in a manner which resulted in insufficient funding; which lawsuit, if adjudicated in the plaintiff's favor, would result in a mandated increase in state expenditures; (12) To confer with the speaker of each house of the general assembly upon notification by the director of the fiscal review committee under § 3-7-109 ; (13) To defend local education agencies and/or their present or past superintendents, board members, teachers, or nonprofessional staff members, hereinafter referred to as employees, upon the formal request in writing of any such employee in any case involving a claim of injury or damage alleged to have been proximately caused by acts or omissions of such employees within their scope of employment with the local education agency in detecting, managing or removing asbestos from any building or structure owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools. In the event that the attorney general and reporter determines that the best interest of the state or employee requires private counsel, the employee shall be notified, and shall have the right to file for reimbursement of defense cost in accordance with chapter 42 of this title in the same manner as state employees; (14) To bring suit upon behalf of the state, local government units or local education agencies to recover public funds from entities financed by the funds and their directors or officers when the funds through the improper actions of the directors or officers have been used for unauthorized purposes, misapplied or misappropriated; and (15) To attend to any other duty which may devolve upon, or be imposed upon, the attorney general and reporter by law.
(1) The trial and direction of all civil litigated matters and administrative proceedings in which the state or any officer, department, agency, board, commission or instrumentality of the state may be interested;
(2) To attend to all business of the state, both civil and criminal in the court of appeals, the court of criminal appeals and the supreme court;
(3) To attend to all legal business connected with the management of the state treasury, or debts due and owing to the state, or debts and liabilities claimed against the treasury of the state, or suits brought against the comptroller of the treasury before any court where such litigation may be pending;
(4) To attend to any other legal duty which the comptroller of the treasury and the state treasurer may require the attorney general and reporter or such assistants to perform, connected with the state treasury;
(5) To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, any legal advice required in the discharge of their official duties;
(6) To give the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials, when called upon, written legal opinions on all matters submitted by them in the discharge of their official duties. Written opinions issued pursuant hereto shall be made available for public inspection. It is the legislative intent that when a request for a written legal opinion is from a member of the general assembly and concerns pending legislation, such request shall be replied to as expeditiously as possible;
(7) To report the decisions of the court of appeals, the court of criminal appeals and the supreme court of Tennessee in the manner prescribed by law;
(8) To examine and certify all bills of cost in the appellate courts of the state in which the state of Tennessee is interested before they are ordered to be paid by the state;
(9) To defend the constitutionality and validity of all legislation of statewide applicability, except as provided in subdivision (b)(10), enacted by the general assembly, except in those instances where the attorney general and reporter is of the opinion that such legislation is not constitutional, in which event the attorney general and reporter shall so certify to the speaker of each house of the general assembly;
(10) To exercise discretion to defend the constitutionality and validity of all private acts and general laws of local application enacted by the general assembly and of administrative rules or regulations of this state. However, a sufficient adversary relationship must exist before the discretion not to defend the constitutionality of all legislation of local application may be exercised. If such discretion not to defend is exercised, such decision shall be certified to the speaker of each house of the general assembly, in the same manner as provided in subdivision (b)(9);
(11) To notify the director of the fiscal review committee of any lawsuit filed in state or federal court, in which the state is a named party and the attorney general and reporter or assistants are representing the state, which contains as part of the pleadings an allegation which would raise an issue: (A) Of insufficient funding of a law as enacted or amended, including any regulation authorized by such act; or (B) That the implementation by a department, agency, or governmental entity of a law as enacted or amended, including any regulation authorized by such act, was accomplished in a manner which resulted in insufficient funding; which lawsuit, if adjudicated in the plaintiff's favor, would result in a mandated increase in state expenditures;
(A) Of insufficient funding of a law as enacted or amended, including any regulation authorized by such act; or
(B) That the implementation by a department, agency, or governmental entity of a law as enacted or amended, including any regulation authorized by such act, was accomplished in a manner which resulted in insufficient funding; which lawsuit, if adjudicated in the plaintiff's favor, would result in a mandated increase in state expenditures;
(12) To confer with the speaker of each house of the general assembly upon notification by the director of the fiscal review committee under § 3-7-109 ;
(13) To defend local education agencies and/or their present or past superintendents, board members, teachers, or nonprofessional staff members, hereinafter referred to as employees, upon the formal request in writing of any such employee in any case involving a claim of injury or damage alleged to have been proximately caused by acts or omissions of such employees within their scope of employment with the local education agency in detecting, managing or removing asbestos from any building or structure owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools. In the event that the attorney general and reporter determines that the best interest of the state or employee requires private counsel, the employee shall be notified, and shall have the right to file for reimbursement of defense cost in accordance with chapter 42 of this title in the same manner as state employees;
(14) To bring suit upon behalf of the state, local government units or local education agencies to recover public funds from entities financed by the funds and their directors or officers when the funds through the improper actions of the directors or officers have been used for unauthorized purposes, misapplied or misappropriated; and
(15) To attend to any other duty which may devolve upon, or be imposed upon, the attorney general and reporter by law.
(c) Notwithstanding § 8-6-106 to the contrary, in all cases in which the attorney general and reporter has certified to the speaker of each house of the general assembly the decision not to defend the constitutionality and validity of any law pursuant to subsection (b), the speakers, acting jointly, may employ legal counsel to defend the constitutionality of such law. Such counsel shall be paid such compensation for their services as the speakers may deem just; the same to be paid out of any money in the state treasury not otherwise appropriated, upon the certification of the speakers to the commissioner of finance and administration.
(d) The attorney general and reporter, or assistants acting at the attorney general and reporter's discretion, shall notify the director of the office of legal services or the director's designee and the director of the fiscal review committee of any lawsuit filed in state or federal court, in which the state is a named party and the attorney general and reporter or assistants are representing the state, and in which the adjudication could result in a significant increase in state expenditures, in a decision on a policy issue which may result in a significant increase in state expenditures, or in a decision which may affect the bond rating of the state.
(e) Notwithstanding § 8-6-106 , or other law to the contrary, in all cases within subsection (d), the speaker of the senate and the speaker of the house of representatives, acting jointly, may employ legal counsel to advise them; provided, that the attorney general and reporter shall remain the state's sole representative in federal and state court proceedings. Such counsel shall be paid such compensation for services rendered as the speakers may approve and such compensation shall be paid out of any money in the state treasury not otherwise appropriated, upon the certification of the speakers to the commissioner of finance and administration.
Code 1858, § 3952 (deriv. Acts 1835-1836, ch. 51, § 1); Acts 1870-1871, ch. 3, § 1; 1871, ch. 99, § 2; Shan., § 5756; mod. Code 1932, § 9956; Acts 1977, ch. 149, §§ 2-4; 1978, ch. 890, § 3; 1979, ch. 422, § 2; T.C.A. (orig. ed.), § 8-609; Acts 1981, ch. 287, § 1; 1982, ch. 602, § 1; 1986, ch. 728, § 2; 1986, ch. 772, § 2; 2006, ch. 923, § 5.
Tenn. Code Ann. § 8-23-102 — TN Code / Title 8 / Chapter 23 / Section 8-23-102
Salaries of administrative department heads
Status: in_force

The salaries provided to the officers created by title 4, chapter 3, and by §§ 49-1-202 , and 68-1-101 , shall be the sole compensation paid to these officials from state funds, or from any funds under the control of or for the use of the state government. Acts 1923, ch. 7, § 58; Shan. Supp., § 373a123; mod. Code 1932, § 343; modified; T.C.A. (orig. ed.), § 8-2302.
The salaries provided to the officers created by title 4, chapter 3, and by §§ 49-1-202 , and 68-1-101 , shall be the sole compensation paid to these officials from state funds, or from any funds under the control of or for the use of the state government.
Acts 1923, ch. 7, § 58; Shan. Supp., § 373a123; mod. Code 1932, § 343; modified; T.C.A. (orig. ed.), § 8-2302.
Tenn. Code Ann. § 8-26-111 — TN Code / Title 8 / Chapter 26 / Section 8-26-111
False oath to expense account
Status: in_force

The willful making of a false oath to such an expense account shall be perjury, punishable as provided by statute. Acts 1911, ch. 65, § 2; Shan., § 6359a4; Code 1932, § 10664; T.C.A. (orig. ed.), § 8-2514.
The willful making of a false oath to such an expense account shall be perjury, punishable as provided by statute.
Acts 1911, ch. 65, § 2; Shan., § 6359a4; Code 1932, § 10664; T.C.A. (orig. ed.), § 8-2514.
Tenn. Code Ann. § 8-25-102 — TN Code / Title 8 / Chapter 25 / Section 8-25-102
Definition of employee
Status: in_force

For the purposes of this part, "employee" means any person, whether appointed, elected, or under contract wherein an employee-employer relationship is established, providing services for the state of Tennessee, state agencies, counties, municipalities, or subdivisions of such governmental bodies in Tennessee, for which compensation is paid. Acts 1973, ch. 359, § 2; T.C.A., § 8-4302; Acts 1983, ch. 282, § 4.
For the purposes of this part, "employee" means any person, whether appointed, elected, or under contract wherein an employee-employer relationship is established, providing services for the state of Tennessee, state agencies, counties, municipalities, or subdivisions of such governmental bodies in Tennessee, for which compensation is paid.
Acts 1973, ch. 359, § 2; T.C.A., § 8-4302; Acts 1983, ch. 282, § 4.
Tenn. Code Ann. § 8-36-805 — TN Code / Title 8 / Chapter 36 / Section 8-36-805
Reemployment permitted
Status: in_force

Any retired member or prior class member of the Tennessee consolidated retirement system, and any retiree of a local retirement fund receiving benefits in accordance with chapter 35, part 3 of this title may return to service temporarily in a position covered by the Tennessee consolidated retirement system and continue to draw such person's retirement allowance; provided, that all of the following conditions are met: (1) During a twelve-month period, that person does not work more than one hundred twenty (120) days or the equivalent of one hundred twenty (120) days; or if employed as a teacher by an institution of higher learning, twenty-four (24) quarter credit hours or eighteen (18) semester credit hours; (2) For temporary employment periods commencing on or after July 1, 2002, the entire compensation payable to the retired member for the work shall not exceed an amount equal to the sum of sixty percent (60%) of the annual full-time salary received by the retired member in the year immediately prior to the member's last paid day of covered employment, adjusted by five percent (5%) for each year since the member's last paid day of covered employment or by such other percentage as may be determined by the treasurer and the commissioner of human resources. In determining such percentage for any given year, the treasurer and the commissioner of human resources may consider any matter which, in their discretion, they deem relevant including, but not limited to, the condition of the labor market and the ability to fill the respective positions; (3) The retired member may work in addition to the one hundred twenty (120) days prescribed above if employed as a substitute teacher in a public school system; provided, that the compensation payable to the retired member for such work does not exceed the rate of compensation set by the public school system for substitute teachers filling similar vacant positions, and the total salary paid to any such retired member for teaching during the twelve-month period does not exceed the pertinent pro rata share of average salary being paid at the institution in the academic discipline concerned; (4) The retired member does not return to service until the expiration of at least sixty (60) calendar days from the member's effective date of retirement, unless such member returns to service in a position wherein the member renders no more than one-half (½) the hours the member was scheduled to work prior to retirement and the head of the employing entity certifies to the division of retirement that no other qualified persons are reasonably available to fill the position; (5) The head of the employing entity or the head's designee: (A) Shall certify to the retirement division the member's name, period to be employed, number of days to be worked, compensation to be paid, and anticipated termination date. The certification shall be made in the manner prescribed by the retirement division and shall be filed annually, if applicable, and acknowledged by the member; (B) Shall submit a statement showing working hours and compensation for the retiree when requested; and (C) Shall be subject to audit to verify working hours and the compensation being paid; (6) Should the period of return to service or the compensation therefor exceed that specified in this section, the person's monthly retirement allowance shall be reduced by the greater of the following: (A) Each day worked in excess of the limitation shall result in the loss of one-twentieth ( 1 / 20 ) of the monthly retirement allowance; or (B) Any compensation received in excess of the limitation shall reduce the retirement allowance payable by the ratio such compensation exceeds the limitation; (7) The retirement system is authorized to obtain reimbursement for any retirement benefits overpaid as a result of a retiree's reemployment in excess of that permitted by this section, by deductions from a retiree's monthly benefit; and (8) The retiree will not accrue any additional retirement credit during the retiree's period of reemployment. Amended by 2023 Tenn. Acts, ch. 425, s 1, eff. 5/11/2023. Amended by 2017 Tenn. Acts, ch. 287, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 962, Secs.s 36, s 37 eff. 4/27/2016. Acts 1983, ch. 342, § 21; 1989, ch. 315, § 1; 1991, ch. 10, § 1; 1991, ch. 172, §§ 1, 2; 1993, ch. 67, §§ 25, 26; 1994, ch. 796, §§ 1, 2; 1995, ch. 164, § 10; 1999, ch. 79, § 10; 2002, ch. 863, §§ 9 - 12; 2005, ch. 203, §§ 2 - 4; 2006, ch. 1002, § 1; 2008 , ch. 674, §§ 13, 21; 2010 , ch. 777, §§ 33, 34.
Any retired member or prior class member of the Tennessee consolidated retirement system, and any retiree of a local retirement fund receiving benefits in accordance with chapter 35, part 3 of this title may return to service temporarily in a position covered by the Tennessee consolidated retirement system and continue to draw such person's retirement allowance; provided, that all of the following conditions are met:
(1) During a twelve-month period, that person does not work more than one hundred twenty (120) days or the equivalent of one hundred twenty (120) days; or if employed as a teacher by an institution of higher learning, twenty-four (24) quarter credit hours or eighteen (18) semester credit hours;
(2) For temporary employment periods commencing on or after July 1, 2002, the entire compensation payable to the retired member for the work shall not exceed an amount equal to the sum of sixty percent (60%) of the annual full-time salary received by the retired member in the year immediately prior to the member's last paid day of covered employment, adjusted by five percent (5%) for each year since the member's last paid day of covered employment or by such other percentage as may be determined by the treasurer and the commissioner of human resources. In determining such percentage for any given year, the treasurer and the commissioner of human resources may consider any matter which, in their discretion, they deem relevant including, but not limited to, the condition of the labor market and the ability to fill the respective positions;
(3) The retired member may work in addition to the one hundred twenty (120) days prescribed above if employed as a substitute teacher in a public school system; provided, that the compensation payable to the retired member for such work does not exceed the rate of compensation set by the public school system for substitute teachers filling similar vacant positions, and the total salary paid to any such retired member for teaching during the twelve-month period does not exceed the pertinent pro rata share of average salary being paid at the institution in the academic discipline concerned;
(4) The retired member does not return to service until the expiration of at least sixty (60) calendar days from the member's effective date of retirement, unless such member returns to service in a position wherein the member renders no more than one-half (½) the hours the member was scheduled to work prior to retirement and the head of the employing entity certifies to the division of retirement that no other qualified persons are reasonably available to fill the position;
(5) The head of the employing entity or the head's designee: (A) Shall certify to the retirement division the member's name, period to be employed, number of days to be worked, compensation to be paid, and anticipated termination date. The certification shall be made in the manner prescribed by the retirement division and shall be filed annually, if applicable, and acknowledged by the member; (B) Shall submit a statement showing working hours and compensation for the retiree when requested; and (C) Shall be subject to audit to verify working hours and the compensation being paid;
(A) Shall certify to the retirement division the member's name, period to be employed, number of days to be worked, compensation to be paid, and anticipated termination date. The certification shall be made in the manner prescribed by the retirement division and shall be filed annually, if applicable, and acknowledged by the member;
(B) Shall submit a statement showing working hours and compensation for the retiree when requested; and
(C) Shall be subject to audit to verify working hours and the compensation being paid;
(6) Should the period of return to service or the compensation therefor exceed that specified in this section, the person's monthly retirement allowance shall be reduced by the greater of the following: (A) Each day worked in excess of the limitation shall result in the loss of one-twentieth ( 1 / 20 ) of the monthly retirement allowance; or (B) Any compensation received in excess of the limitation shall reduce the retirement allowance payable by the ratio such compensation exceeds the limitation;
(A) Each day worked in excess of the limitation shall result in the loss of one-twentieth ( 1 / 20 ) of the monthly retirement allowance; or
(B) Any compensation received in excess of the limitation shall reduce the retirement allowance payable by the ratio such compensation exceeds the limitation;
(7) The retirement system is authorized to obtain reimbursement for any retirement benefits overpaid as a result of a retiree's reemployment in excess of that permitted by this section, by deductions from a retiree's monthly benefit; and
(8) The retiree will not accrue any additional retirement credit during the retiree's period of reemployment.
Amended by 2023 Tenn. Acts, ch. 425, s 1, eff. 5/11/2023.
Amended by 2017 Tenn. Acts, ch. 287, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 962, Secs.s 36, s 37 eff. 4/27/2016.
Acts 1983, ch. 342, § 21; 1989, ch. 315, § 1; 1991, ch. 10, § 1; 1991, ch. 172, §§ 1, 2; 1993, ch. 67, §§ 25, 26; 1994, ch. 796, §§ 1, 2; 1995, ch. 164, § 10; 1999, ch. 79, § 10; 2002, ch. 863, §§ 9 - 12; 2005, ch. 203, §§ 2 - 4; 2006, ch. 1002, § 1; 2008 , ch. 674, §§ 13, 21; 2010 , ch. 777, §§ 33, 34.
Tenn. Code Ann. § 8-35-212 — TN Code / Title 8 / Chapter 35 / Section 8-35-212
Political subdivisions which participated in superseded state retirement system
Status: in_force

Any political subdivision on June 30, 1972, which shall have been participating in the Tennessee state retirement system under former chapter 36 of this title, with respect to its employees, shall participate in this retirement system as of July 1, 1972, and shall be subject to the provisions of this part applicable to employers electing to participate subsequent to July 1, 1972. Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(1)(c); Acts 1999, ch. 205, § 18.
Any political subdivision on June 30, 1972, which shall have been participating in the Tennessee state retirement system under former chapter 36 of this title, with respect to its employees, shall participate in this retirement system as of July 1, 1972, and shall be subject to the provisions of this part applicable to employers electing to participate subsequent to July 1, 1972.
Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(1)(c); Acts 1999, ch. 205, § 18.
Tenn. Code Ann. § 8-19-307 — TN Code / Title 8 / Chapter 19 / Section 8-19-307
Provisions applicable to fiduciaries
Status: in_force

Sections 8-19-302 - 8-19-304 and 8-19-306 apply to the bonds of executors, administrators, guardians, special commissioners, receivers, successor custodians, and others required by law or in the course of judicial proceedings to execute bonds. Code 1858, § 776; Shan., § 1907; mod. Code 1932, § 1839; Acts 1975, ch. 293, § 1; T.C.A. (orig. ed.), § 8-1926.
Sections 8-19-302 - 8-19-304 and 8-19-306 apply to the bonds of executors, administrators, guardians, special commissioners, receivers, successor custodians, and others required by law or in the course of judicial proceedings to execute bonds.
Code 1858, § 776; Shan., § 1907; mod. Code 1932, § 1839; Acts 1975, ch. 293, § 1; T.C.A. (orig. ed.), § 8-1926.
Tenn. Code Ann. § 8-18-111 — TN Code / Title 8 / Chapter 18 / Section 8-18-111
Form of oath of office
Status: in_force

The official oath, unless otherwise expressly prescribed by law, shall be in the following form: "I do solemnly swear that I will perform with fidelity the duties of the office to which I have been appointed (or elected, as the case may be), and which I am about to assume." Code 1858, § 760; Shan., § 1081; Code 1932, § 1822; T.C.A. (orig. ed.), § 8-1811.
The official oath, unless otherwise expressly prescribed by law, shall be in the following form: "I do solemnly swear that I will perform with fidelity the duties of the office to which I have been appointed (or elected, as the case may be), and which I am about to assume."
Code 1858, § 760; Shan., § 1081; Code 1932, § 1822; T.C.A. (orig. ed.), § 8-1811.
Tenn. Code Ann. § 8-34-209 — TN Code / Title 8 / Chapter 34 / Section 8-34-209
Retirement incentive bonus for public service commission employees
Status: in_force

(a) A retirement incentive bonus plan shall operate to benefit employees of the public service commission. Employees of the commission eligible to participate in the plan shall be current employees of the commission who are eligible to draw service or early service retirement benefits from the Tennessee consolidated retirement system on or before July 1, 1996. This section does not apply to any member within the definition of § 8-34-101 . (b) To be eligible to receive the bonus, the employee must terminate active state employment on or before July 1, 1996, and file an application for retirement on or before July 1, 1996. In addition, the employee may not later be reemployed by the state except under § 8-36-805 . (c) The bonus shall be equal to five thousand dollars ($5,000), plus the longevity pay the employee would have received during the 1996-1997 fiscal year if the employee had continued to work for the public service commission. Payment to the employee shall be made after July 1, 1996. The bonus shall not be included in determining the employee's average final compensation for retirement purposes, nor shall it be subject to retirement contributions. Acts 1996, ch. 634, § 1.
(a) A retirement incentive bonus plan shall operate to benefit employees of the public service commission. Employees of the commission eligible to participate in the plan shall be current employees of the commission who are eligible to draw service or early service retirement benefits from the Tennessee consolidated retirement system on or before July 1, 1996. This section does not apply to any member within the definition of § 8-34-101 .
(b) To be eligible to receive the bonus, the employee must terminate active state employment on or before July 1, 1996, and file an application for retirement on or before July 1, 1996. In addition, the employee may not later be reemployed by the state except under § 8-36-805 .
(c) The bonus shall be equal to five thousand dollars ($5,000), plus the longevity pay the employee would have received during the 1996-1997 fiscal year if the employee had continued to work for the public service commission. Payment to the employee shall be made after July 1, 1996. The bonus shall not be included in determining the employee's average final compensation for retirement purposes, nor shall it be subject to retirement contributions.
Acts 1996, ch. 634, § 1.
Tenn. Code Ann. § 8-50-904 — TN Code / Title 8 / Chapter 50 / Section 8-50-904
Rules and regulations
Status: in_force

(a) The trustees shall provide for rules and regulations not inconsistent with §§ 8-50-901 - 8-50-909. (b) These rules and regulations shall be established and adopted by the board of trustees, exclusive of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2. (c) Rules shall be on file in the office of the commissioner of human resources and in the personnel office of each department and agency of the executive branch of government within sixty (60) days of the authorized establishment of a sick leave bank pursuant to § 8-50-902 . (d) Nothing in this section shall be construed in such a manner as to prevent the board of trustees from adopting rules more stringent, relative to membership and use of leave from the bank, than the general provisions of this part. (e) The board may adopt rules which allow the payment of minor administrative costs from the sick leave bank. Acts 1988, ch. 1009, § 1; 1999, ch. 537, § 1; 2007 , ch. 60.
(a) The trustees shall provide for rules and regulations not inconsistent with §§ 8-50-901 - 8-50-909.
(b) These rules and regulations shall be established and adopted by the board of trustees, exclusive of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2.
(c) Rules shall be on file in the office of the commissioner of human resources and in the personnel office of each department and agency of the executive branch of government within sixty (60) days of the authorized establishment of a sick leave bank pursuant to § 8-50-902 .
(d) Nothing in this section shall be construed in such a manner as to prevent the board of trustees from adopting rules more stringent, relative to membership and use of leave from the bank, than the general provisions of this part.
(e) The board may adopt rules which allow the payment of minor administrative costs from the sick leave bank.
Acts 1988, ch. 1009, § 1; 1999, ch. 537, § 1; 2007 , ch. 60.
Tenn. Code Ann. § 8-8-209 — TN Code / Title 8 / Chapter 8 / Section 8-8-209
Return as to residence in another county
Status: in_force

Where such person is a known inhabitant of another county, the sheriff shall return the truth of the case. Code 1858, § 366 (deriv. Acts 1777 (Nov.), ch. 8, § 5); Shan., § 456; Code 1932, § 703; T.C.A. (orig. ed.), § 8-818.
Where such person is a known inhabitant of another county, the sheriff shall return the truth of the case.
Code 1858, § 366 (deriv. Acts 1777 (Nov.), ch. 8, § 5); Shan., § 456; Code 1932, § 703; T.C.A. (orig. ed.), § 8-818.
Tenn. Code Ann. § 8-27-307 — TN Code / Title 8 / Chapter 27 / Section 8-27-307
Supplemental medical insurance program for retired employees - Use of funds - Funding limitations - Employee qualifications
Status: in_force

(a) Subject to the approval of the state insurance committee as created in § 8-27-201 and the local education insurance committee, all retired local education employees participating in the Tennessee consolidated retirement system may participate in the supplemental medical insurance program established in § 8-27-209 ; provided, that retired employees are covered by Medicare benefits and are also drawing a monthly retirement allowance from the Tennessee consolidated retirement system. (b) If, pursuant to a contract for insurance coverage authorized by this section, the provider or administrator returns or refunds any amounts by which premiums or fees exceed expenses, the amounts must be used only for the supplemental medical insurance program for retired employees. The returns or refunds must not be used to reduce the amount of state funding that would otherwise be required under subsection (c). (c) (1) From the appropriations made in the general appropriations act each year for that purpose, the state insurance committee may pay an amount on behalf of each participating retiree toward the cost of supplemental medical insurance provided pursuant to this section at the same level and on the same terms that are established by the state insurance committee pursuant to § 8-27-209(d) . (2) As used in this subsection (c): (A) "Retiree" means a former teacher employed by a local education agency who is drawing a monthly retirement allowance from the Tennessee consolidated retirement system, and does not include other former local education employees; and (B) "Years of service" means only those years of service rendered by the retiree as a state employee, University of Tennessee employee, or state university and community college system higher education employee, or teacher in a local education agency, and upon which the retiree's monthly retirement allowance is based. (d) Except as provided in subsection (c), the state insurance committee shall not pay an amount toward the costs of supplemental medical insurance provided pursuant to this section. (e) Former local education employees, other than those specified in subsection (c), who elect to participate in the program shall pay the total cost of such coverage. The chief governing body of a local education employer may pass a resolution to make contributions toward the expense of such coverages; provided, that the amount, terms, and conditions of contributions must be, at all times, the same as that established by the state insurance committee pursuant to § 8-27-209(d) . As used in this subsection (e), for determining the employer's contribution level, "years of service" means only those years of service rendered by the retired employee to the resolving employer and upon which the retired employee's monthly retirement allowance is based. The resolution to make contributions on behalf of retired employees must remain in effect until revoked by the chief governing body. (f) The budget of an employer electing to make contributions must include an amount sufficient to pay contributions on behalf of its retired employees covered by the supplemental insurance program. The employer shall pay the contributions to the insurer in a manner directed by the state insurance committee. (g) The supplemental medical insurance benefit authorized by this section is not available to a person otherwise qualified under subsection (a) whose initial employment with a participating local education agency or other qualifying employer commenced on or after July 1, 2015. The rights of election, transfer, and enrollment conferred by this section is not available to a person whose initial employment with a participating local education agency, the state, or other governmental agency qualifying the person for plan membership commenced on or after July 1, 2015. Added by 2023 Tenn. Acts, ch. 216, s 24, eff. 7/1/2023.
(a) Subject to the approval of the state insurance committee as created in § 8-27-201 and the local education insurance committee, all retired local education employees participating in the Tennessee consolidated retirement system may participate in the supplemental medical insurance program established in § 8-27-209 ; provided, that retired employees are covered by Medicare benefits and are also drawing a monthly retirement allowance from the Tennessee consolidated retirement system.
(b) If, pursuant to a contract for insurance coverage authorized by this section, the provider or administrator returns or refunds any amounts by which premiums or fees exceed expenses, the amounts must be used only for the supplemental medical insurance program for retired employees. The returns or refunds must not be used to reduce the amount of state funding that would otherwise be required under subsection (c).
(c) (1) From the appropriations made in the general appropriations act each year for that purpose, the state insurance committee may pay an amount on behalf of each participating retiree toward the cost of supplemental medical insurance provided pursuant to this section at the same level and on the same terms that are established by the state insurance committee pursuant to § 8-27-209(d) . (2) As used in this subsection (c): (A) "Retiree" means a former teacher employed by a local education agency who is drawing a monthly retirement allowance from the Tennessee consolidated retirement system, and does not include other former local education employees; and (B) "Years of service" means only those years of service rendered by the retiree as a state employee, University of Tennessee employee, or state university and community college system higher education employee, or teacher in a local education agency, and upon which the retiree's monthly retirement allowance is based.
(1) From the appropriations made in the general appropriations act each year for that purpose, the state insurance committee may pay an amount on behalf of each participating retiree toward the cost of supplemental medical insurance provided pursuant to this section at the same level and on the same terms that are established by the state insurance committee pursuant to § 8-27-209(d) .
(2) As used in this subsection (c): (A) "Retiree" means a former teacher employed by a local education agency who is drawing a monthly retirement allowance from the Tennessee consolidated retirement system, and does not include other former local education employees; and (B) "Years of service" means only those years of service rendered by the retiree as a state employee, University of Tennessee employee, or state university and community college system higher education employee, or teacher in a local education agency, and upon which the retiree's monthly retirement allowance is based.
(A) "Retiree" means a former teacher employed by a local education agency who is drawing a monthly retirement allowance from the Tennessee consolidated retirement system, and does not include other former local education employees; and
(B) "Years of service" means only those years of service rendered by the retiree as a state employee, University of Tennessee employee, or state university and community college system higher education employee, or teacher in a local education agency, and upon which the retiree's monthly retirement allowance is based.
(d) Except as provided in subsection (c), the state insurance committee shall not pay an amount toward the costs of supplemental medical insurance provided pursuant to this section.
(e) Former local education employees, other than those specified in subsection (c), who elect to participate in the program shall pay the total cost of such coverage. The chief governing body of a local education employer may pass a resolution to make contributions toward the expense of such coverages; provided, that the amount, terms, and conditions of contributions must be, at all times, the same as that established by the state insurance committee pursuant to § 8-27-209(d) . As used in this subsection (e), for determining the employer's contribution level, "years of service" means only those years of service rendered by the retired employee to the resolving employer and upon which the retired employee's monthly retirement allowance is based. The resolution to make contributions on behalf of retired employees must remain in effect until revoked by the chief governing body.
(f) The budget of an employer electing to make contributions must include an amount sufficient to pay contributions on behalf of its retired employees covered by the supplemental insurance program. The employer shall pay the contributions to the insurer in a manner directed by the state insurance committee.
(g) The supplemental medical insurance benefit authorized by this section is not available to a person otherwise qualified under subsection (a) whose initial employment with a participating local education agency or other qualifying employer commenced on or after July 1, 2015. The rights of election, transfer, and enrollment conferred by this section is not available to a person whose initial employment with a participating local education agency, the state, or other governmental agency qualifying the person for plan membership commenced on or after July 1, 2015.
Added by 2023 Tenn. Acts, ch. 216, s 24, eff. 7/1/2023.
Tenn. Code Ann. § 8-50-1104 — TN Code / Title 8 / Chapter 50 / Section 8-50-1104
Inability to continue participation - Notice - Return
Status: in_force

A public employee who has been granted leave pursuant to this part, who thereafter is for any reason unable to further participate in the training period or competition covered by such leave, shall be required to immediately notify that employee's public employer of such inability, and such public employee may be required at the election of the public employer to return to and resume the duties of the employee's position forthwith, if such public employee is physically able to do so; provided, that any public employee who has traveled to locations of actual competition shall not be required to return prior to completion of such competition or until the scheduled departure date of the team of which the public employee is a member, whichever is later. Acts 1989, ch. 52, § 4.
A public employee who has been granted leave pursuant to this part, who thereafter is for any reason unable to further participate in the training period or competition covered by such leave, shall be required to immediately notify that employee's public employer of such inability, and such public employee may be required at the election of the public employer to return to and resume the duties of the employee's position forthwith, if such public employee is physically able to do so; provided, that any public employee who has traveled to locations of actual competition shall not be required to return prior to completion of such competition or until the scheduled departure date of the team of which the public employee is a member, whichever is later.
Acts 1989, ch. 52, § 4.
Tenn. Code Ann. § 8-38-122 — TN Code / Title 8 / Chapter 38 / Section 8-38-122
Rules and regulations
Status: in_force

The state treasurer shall make and publish such rules and regulations not inconsistent with this chapter as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this chapter. Acts 1951, ch. 90, § 8 (Williams, § 1034.71); T.C.A. (orig. ed.), § 8-3822; Acts 1985, ch. 66, § 16.
The state treasurer shall make and publish such rules and regulations not inconsistent with this chapter as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this chapter.
Acts 1951, ch. 90, § 8 (Williams, § 1034.71); T.C.A. (orig. ed.), § 8-3822; Acts 1985, ch. 66, § 16.