reglab/housing_qa huggingface dataset:
TN Code § 8-36-504 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 5 - Disability Retirement|§ 8-36-504. Determination of Disability

  The medical advisors, after an examination of the medical records of such member, shall certify, and the board of trustees shall find, that the member is disabled and should be retired.    In making the disability determination, primary consideration is given to the severity of the individual's impairment.   When medical considerations alone are not determinative of the issue of disability, consideration shall also be given to vocational factors.   Where vocational factors indicate the individual is capable of retraining for other employment within a twelve-month period, the individual shall not be considered disabled.   Vocational factors shall take into consideration the individual's age, education, training and work experience.      Except as provided in subdivision (c)(3), the board of trustees may, at its discretion, accept a disability medical determination from the social security administration in lieu of referring the matter to the medical advisors for certification.   Any member retired by the board of trustees on a disability retirement allowance pursuant to this subsection (c) shall not be relieved from §§ 8-36-506 — 8-36-508.   This subsection (c) shall only apply to determinations of disability made pursuant to 20 CFR 404.902 and 20 CFR 404.920 as in effect on January 19, 2005.
TN Code § 8-36-505 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 5 - Disability Retirement|§ 8-36-505. Date of Disability Retirement

 Any member eligible for a disability retirement may set the effective date of such member's retirement at any date within one hundred fifty (150) days before or after the date such member's application is filed with the board; provided, that such effective date of retirement follows the date of such member's separation from service, the date on which the member's temporary disability benefits under the workers' compensation law cease, or the date on which the member became totally and permanently disabled, whichever is later.
TN Code § 8-36-506 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 5 - Disability Retirement|§ 8-36-506. Medical Examinations After Disability Retirement

  Any disability retiree who has not attained service retirement age may be required to submit current medical records annually until attaining service retirement age, by a physician or physicians designated by the board of trustees.   Should any disability beneficiary who has not yet attained sixty (60) years of age refuse to submit to at least one (1) medical examination in any such year, and should such refusal continue for ninety (90) days after the records have been requested, such beneficiary's monthly retirement benefit may be suspended by the board of trustees.
TN Code § 8-36-507 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 5 - Disability Retirement|§ 8-36-507. Effect of Engaging in or the Ability to Engage in Gainful Activity

  Should the medical advisors report and certify to the board of trustees that such disability beneficiary is able to engage in substantial gainful activity, and should the board of trustees concur in such report, then the amount of the beneficiary's monthly benefit shall be reduced or suspended at the discretion of the board of trustees.   If the board of trustees determines that the disability beneficiary is in fact engaged in substantial gainful activity, then the beneficiary's monthly benefits shall be suspended.   Should the beneficiary's earning capacity be later changed, the monthly benefit may be restored; provided, that the evidence substantiates the beneficiary's inability to engage in gainful activity.   Any disability retiree who has not yet attained service retirement age may be required to report, on an annual basis, all income other than retirement benefits from this system, and should the board of trustees determine from this information that the disability beneficiary is able to engage in a gainful occupation, then the amount of the benefit may be reduced accordingly, at the discretion of the board.
TN Code § 8-36-508 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 5 - Disability Retirement|§ 8-36-508. Vocational Rehabilitation

  Any disability beneficiary, upon recommendation of the medical advisors, may be referred to the division of vocational rehabilitation, or other rehabilitation agencies, to determine whether the beneficiary is physically and/or mentally capable of retraining for some type of gainful employment.   The recommendation of such agencies shall be considered by the medical advisors and board of trustees to determine the eligibility of a member to continue monthly disability benefits.   Should any disability beneficiary refuse the services of such agency, such refusal shall be treated in the same manner as a refusal to be reevaluated and may result in the suspension of monthly benefits.
TN Code § 8-36-509 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 5 - Disability Retirement|§ 8-36-509. Recomputation of Allowances for Disabled Teachers Retired Prior to July 1, 1972

  Any teacher, prior to July 1, 1972, who became disabled and who was retired on a service retirement allowance rather than under a disability because the teacher had met the conditions of service retirement, may have the benefit recomputed under the applicable disability provisions in effect on June 30, 1972; provided, that proper documentation as required by the board of trustees is furnished by the retiree and approved by the board.    The increase in benefits, if any, shall commence with the month following the approval of the application by the board of trustees.   Any increase in benefits provided by this section shall be in addition to any increases previously or hereafter provided by any cost-of-living provisions, § 8-36-701 or §§ 8-36-708 — 8-36-712, or any other increases in benefits effective prior to August 1, 1974.   Any retiree who applied for increased benefits under this section prior to July 1, 1974, shall receive a retroactive recomputation as herein provided, and a lump sum payment effective from the date the application was approved by the board of trustees.
TN Code § 8-36-510 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 5 - Disability Retirement|§ 8-36-510. Confidentiality of Records

  Any medical records submitted to, or compiled by, the retirement system pursuant to this part are confidential and shall not be disclosed except as follows:  To the extent that the member or the member's legal representative consents to disclosure;   To employees of the retirement system for the purpose of determining a member's qualification for disability retirement;   To the medical advisors;   In compliance with a subpoena or a court order;   To other state or federal agencies; provided, that such agencies maintain the same level of confidentiality as that required hereunder;   To the comptroller of the treasury or the comptroller's designees for the purpose of an audit of the retirement system; or   In any administrative proceeding or court action between the member or the member's legal representative and the retirement system.     Nothing contained in this section applies to statistical medical information if such information is not identified with a particular member. Further, nothing contained in this section applies to records concerning the identity of members receiving or applying for disability retirement benefits, to the amount of benefits to which a particular member is or may be entitled to receive, nor to any other nonmedical related information unless such information is made confidential by other statute of this state.
TN Code § 8-36-602 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 6 - Optional Retirement Allowances|§ 8-36-602. Effective Date of Election

 The election of an option shall become effective on the member's effective date of retirement in accordance with § 8-36-203 or § 8-36-303; provided, that written application is filed with the board of trustees and the member is eligible for service or early service retirement.
TN Code § 8-36-603 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 6 - Optional Retirement Allowances|§ 8-36-603. Election of Option by Retired Member Not Formerly Electing

 Any other provisions to the contrary notwithstanding, any retired member of any superseded system as defined in § 8-34-101, or this system, who upon retirement did not elect an option, but who now desires to do so may in the manner prescribed by the board of trustees have benefits recomputed by an actuarial reevaluation in favor of such beneficiary.
TN Code § 8-36-605 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 6 - Optional Retirement Allowances|§ 8-36-605. When Election of Option May Be Changed or Revoked

 The election of an option may not be changed or revoked by the member after such member's retirement date, except in accordance with rules and regulations adopted by the board of trustees.
TN Code § 8-36-606 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 6 - Optional Retirement Allowances|§ 8-36-606. Cancellation of Election After Divorce From Designated Beneficiary Spouse

 In the event of divorce of a member who retires under an optional retirement plan, where the spouse is the designated beneficiary, the beneficiary may be cancelled upon the written request of the member and proper documentation, which shall include the final decree and marital dissolution agreement of the parties; provided, that such cancellation is not in conflict with the decree or marital dissolution agreement. The retirement allowance payable to the retiree after the cancellation of the designated beneficiary shall not be affected by such cancellation.
TN Code § 8-36-607 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 6 - Optional Retirement Allowances|§ 8-36-607. Death Prior to Retirement

 For death benefit purposes, a member who dies prior to retirement shall be considered as having been retired on the date death occurs or on the date such member's annual leave is exhausted, whichever is later.
TN Code § 8-36-608 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 6 - Optional Retirement Allowances|§ 8-36-608. Effect of Prior Election of Option Under Superseded System

 If a member of a superseded system has made an effective election of an option under such superseded system, the election shall be effective under this retirement system as of the date of establishment; provided, that the member is then eligible for service retirement or early service retirement.
TN Code § 8-36-610 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 6 - Optional Retirement Allowances|§ 8-36-610. Surviving Minor Children as Contingent Beneficiaries

  If a retired member of the Tennessee consolidated retirement system, including a retired prior class member, has, under the options of provisions of the preceding systems in this part, designated the spouse of the retired member as such retired member's beneficiary on the death of the retired member, then if the surviving spouse should die after the death of the retired member, and there is surviving a minor child or children of the retired member, the same annuity paid to the surviving spouse shall be divided equally among the minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children.   If the retired member's spouse is designated as the sole beneficiary on the date of the member's death, and if that spouse predeceased the retired member or died in a common accident or occurrence with the member, then the same annuity to which the spouse of the retired member would have been entitled had such spouse survived the retired member shall be divided equally among the retired member's minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches age twenty-two (22), whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children.
TN Code § 8-36-702 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 7 - Increased or Decreased Allowances|§ 8-36-702. Recomputation of Benefits Under Certain Superseded Systems When Consolidated System Formula Changes

  Notwithstanding any other provisions to the contrary, in any year in which there is a change in the formula for retirement allowances, any beneficiary of the Tennessee teachers' retirement system, the Tennessee state retirement system, or of Group 1 of the Tennessee consolidated retirement system shall, on July 1 of such year, have such beneficiary's benefits recomputed according to the then existing provisions of the Tennessee consolidated retirement system. The recomputed benefit shall be compared to the benefit at the time of retirement or as of the date of the most recent recomputation, whichever date is later, and if the recomputed benefit is larger, the difference shall be added to the then current benefit. The increase provided by this section shall be in addition to any increases permitted under § 8-36-701.    For the purposes of recomputing benefits as provided in subsection (a), a change in the formula shall be defined as follows:  The conditions of eligibility for retirement as provided in § 8-36-201;   The service retirement allowance formula as provided in §§ 8-36-206 — 8-36-208, and the service retirement allowance for Class B members as provided in the superseded Tennessee teachers' retirement system or the superseded Tennessee state employees' retirement system;   The minimum service retirement allowance as provided in § 8-36-209;   The early service retirement allowance as provided in part 3 of this chapter;   The disability retirement allowance as provided in part 5 of this chapter; and   The definition of “average final compensation” as defined in § 8-34-101.     Notwithstanding the formula changes listed in subdivision (b)(1)(A)-(F), a change in the formula shall not include for recomputation purposes any increase in state retirement benefits for active employees to offset a reduction in the benefits paid by social security which is necessary to maintain the approximate level of benefits for active employees.     The benefit of a state judge who retires prior to September 1, 1990, as a Group 3 member shall be recalculated under Acts 1986, ch. 554.   The governing body of a political subdivision may, at its option, by resolution authorize and accept the liability for its active and retired employees to receive any increases due to a change in the benefit formula. It is the intent of this enactment that should the governing body elect to authorize its employees to receive increases, resulting from a change in formula, such authorization and acceptance of liability therefor shall include both active and retired employees.
TN Code § 8-36-703 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 7 - Increased or Decreased Allowances|§ 8-36-703. Recomputation of Benefits of Beneficiaries of State and Teachers' Superseded Systems Who Were Retired Under Ten-Year Arithmetic Average

 Whenever a beneficiary of the Tennessee teachers' retirement system and the Tennessee state retirement system shall have been retired under a ten-year arithmetic average, the beneficiary shall have such beneficiary's benefits recomputed under a five-year arithmetic average. The recomputation shall be under the benefit provisions of the applicable superseded system.
TN Code § 8-36-704 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 7 - Increased or Decreased Allowances|§ 8-36-704. Recomputation of Benefits of Beneficiaries Under Existing Provisions

 Any retired member of the Tennessee teachers' retirement system, Tennessee state retirement system, Group 1 of the Tennessee consolidated retirement system and of any local retirement system who retired prior to July 1, 1972, or thereafter, shall have such member's benefits recomputed under the existing provisions of the Tennessee consolidated retirement system. Any increase resulting from such recomputation shall be in addition to those provided by § 8-36-701.
TN Code § 8-36-705 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 7 - Increased or Decreased Allowances|§ 8-36-705. Recomputation of Benefits of Certain Beneficiaries Who Have Elected an Optional Form of Benefit

  In the case of a retired member of the superseded Tennessee teachers' retirement system, the superseded Tennessee state retirement system, or the Tennessee consolidated retirement system who elected an optional form of benefit, the recomputation of the member's retirement allowance determined under §§ 8-36-702 — 8-36-705, 8-36-706 [obsolete] shall be adjusted on the basis of the appropriate option in effect on June 30, 1972, or thereafter, but the actuarial equivalent factors in effect on July 1, 1972, or thereafter, shall be used to determine the increase in retirement allowance.  In the case of a retired teacher who elected Option I under the superseded Tennessee teachers' retirement system, the teacher's benefits shall be recomputed under the maximum plan as provided under the retirement system.   In the case of a beneficiary of a deceased member of a superseded system, or the retirement system, in receipt of a monthly retirement allowance as the person designated under an election of an optional form of benefit, the increase in the retirement allowance to such beneficiary shall be determined as if the member had been living on the date of recomputation.     The maximum plan, Option II and Option III of the superseded Tennessee teachers' retirement system shall equate to the maximum plan, Option I and Option II of the retirement system respectively and the maximum plan, Option I and Option II of the superseded Tennessee state retirement system shall equate to the maximum plan, Option I and Option II of the retirement system respectively.    A retired member of the superseded Tennessee teachers' retirement system who designated a beneficiary under Option II or Option III of that system and a retired member of the superseded Tennessee state retirement system who designated a beneficiary under Option I or Option II of that system, may elect to have that member's retirement allowance recomputed ab initio under the equivalent Option III or Option IV of the Tennessee consolidated retirement system by making written application and payment of any amount due to the Tennessee consolidated retirement system on or before April 30, 1976.   Any increase in monthly retirement allowance shall not be paid retroactively, but shall become effective the next following month.
TN Code § 8-36-707 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 7 - Increased or Decreased Allowances|§ 8-36-707. Additional Allowances for Teachers and General Employees Retired Prior to July 1, 1976

   Beginning July 1, 1978, each retired teacher and retired general employee who retired prior to July 1, 1976, shall receive a monthly retirement allowance equal to a percentage of the total retirement allowance received in January 1978, from the state by such teacher or employee as follows:  Persons receiving less than five thousand dollars ($5,000) per annum in total retirement benefits shall receive a monthly allowance equal to five percent (5%) of their January monthly retirement benefits;   Persons receiving at least five thousand dollars ($5,000) per annum, but not more than eight thousand five hundred dollars ($8,500) per annum, in total retirement benefits shall receive a monthly allowance equal to three percent (3%) of their January monthly retirement benefits; and   Persons receiving more than eight thousand five hundred dollars ($8,500) per annum in total retirement benefits shall receive a monthly allowance equal to two percent (2%) of their January monthly retirement benefits.     Such amounts shall be in addition to the retirement allowance from the state, including the amounts authorized by § 8-36-701.     As used in this section:  “Retired general employee” and “retired teacher” 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, who retired on or before June 30, 1976; provided, that for retired general employees of political subdivisions, this allowance may only be granted if the chief governing body of the political subdivision authorizes this credit and accepts the liability therefor and informs the retirement system before June 15, 1978, of its authorization of this credit; and   “Total retirement benefits” includes benefits from both the Tennessee consolidated retirement system and from social security. The increase in benefits authorized by this section shall be based on the monthly payments made by the Tennessee consolidated retirement system.     The recomputed retirement benefit paid to a retired teacher or a retired state general employee under this section as a result of passage of § 8-36-209(a)(1) shall be calculated without regard to § 8-36-102.
TN Code § 8-36-708 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 7 - Increased or Decreased Allowances|§ 8-36-708. Increase in Allowance to Beneficiaries Retired Under Superseded State or Teachers' Systems — Exceptions

  The retirement allowance of any beneficiary under the Tennessee teachers' retirement system or the Tennessee state retirement system shall be increased as of July 1, 1972, as follows:  The retirement allowance which would otherwise be payable, without regard to the election of any optional modification, shall be increased by ten percent (10%) of the amount of retirement allowance which would otherwise be payable before application of any flat minimum benefit formula or any post retirement increase and without regard to the election of any optional modification, but the total retirement allowance shall not exceed seventy-five percent (75%) of the beneficiary's average final compensation.   The retirement allowance recomputed under subdivision (a)(1) shall not be less than sixty-four dollars and eight cents ($64.08) for a retired former Class A member, multiplied by the number of years of the member's creditable service, nor less than seventy-two dollars ($72.00) for a retired former Class B member, multiplied by the number of years of the member's creditable service.   In no event shall the increase in the retirement allowance of any beneficiary under this section be less than twelve dollars ($12.00) multiplied by the number of years of creditable service.     Notwithstanding the foregoing, any member of the Tennessee state retirement system who retired as a Class C member of that system or under the special benefit provisions of that system applicable to firefighters and police officers or wildlife officers shall not be entitled to an increase in the member's retirement allowance under this section.