reglab/housing_qa huggingface dataset:
TN Code § 8-36-123 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 1 - General Provisions|§ 8-36-123. Retirement or Death of Members Not in Service

  Upon the death of a member not in service whose death occurs on or after July 1, 1991, and who has completed ten (10) years of creditable service, a retirement allowance shall be paid to the member's surviving spouse, if any, if the spouse is designated as beneficiary.  The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 2 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option.   The retirement allowance payable under this subsection (a) shall be reduced by four tenths of one percent (0.4%) for each month by which the member's death precedes such member's service retirement date.      Effective July 1, 1991, a member who does not qualify for a disability retirement allowance under § 8-36-501 or § 8-36-502 and who suffers from a total and permanent disability may be retired by the board of trustees on an ordinary disability retirement allowance provided the following conditions are met:  The member files with the retirement division an application for the retirement allowance in the manner prescribed by the retirement division;   Competent medical evidence is provided by the member which conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity;   The member has completed the service requirement for such member's classification as set forth in § 8-36-501(b); and   The member does not otherwise qualify for a service retirement allowance as provided for in §§ 8-36-201 — 8-36-205.     Any member who applies for an ordinary disability retirement allowance pursuant to this subsection (b) shall be subject to §§ 8-36-503 — 8-36-505  and § 8-36-508.   The amount of the ordinary disability retirement allowance shall be the actuarial equivalent of the retirement allowance which would be payable to the member at fifty-five (55) years of age pursuant to part 3 of this chapter. Notwithstanding the preceding sentence, any allowance payable under this subsection (b) shall be subject to § 8-36-501(c)(4), (5) and (7).     This section does not apply to members in the employ of a political subdivision unless the governing body of the political subdivision by resolution authorizes and accepts the liability for such benefits.
TN Code § 8-36-125 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 1 - General Provisions|§ 8-36-125. Disclaimer of Benefits

  A person designated as the beneficiary to receive a death benefit under Chapters 34 37 of this title may disclaim the benefit upon the death of the member. Such disclaimer may be made by the person's trustee, guardian, conservator, or attorney-in-fact. If the disclaimer is made by such person's fiduciary, the disclaimer shall be binding on the beneficiary and on any successor fiduciary.   To be effective, the beneficiary must not have received any of the benefits, and the disclaimer must be in writing and filed with the division of retirement. Such writing shall:  Indicate that the disclaimer is an irrevocable and unqualified refusal by the person to accept the benefit;   Describe the amount of the benefit disclaimed; and   Be signed by the person disclaiming or such person's representative.     If a disclaimer is made under this section, the disclaiming beneficiary's share shall be distributed to the remaining beneficiary or beneficiaries in equal proportions.
TN Code § 8-36-126 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 1 - General Provisions|§ 8-36-126. Benefits Payable to a Minor Child — Provision of Documentation Establishing Guardianship

  No benefit payable to a minor child under Chapters 34 37 of this title shall be made until the guardian of such child has provided the retirement division with documentation establishing such guardianship. In the case of a parent, the documentation may consist of the child's birth certificate or record of adoption, whichever is applicable, and a certified statement from the parent that the parent is the legal guardian of the minor child. The retirement division shall be entitled to rely on such documentation and shall not be liable for damages or other payments by reason of any payment made in reliance thereon.   Notwithstanding this section or any other law to the contrary, if the member designated a custodian pursuant to the Tennessee Uniform Transfers to Minors Act, compiled in title 35, chapter 7, part 2, to receive benefits payable to a minor child under Chapters 34 37 of this title and such designation was made in writing and on file with the retirement division, the benefits payable to such minor shall be made in the name of the minor and paid to the designated custodian pursuant to the Tennessee Uniform Transfers to Minors Act.
TN Code § 8-36-128 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 1 - General Provisions|§ 8-36-128. Honoring Claims Under a Qualified Domestic Relations Order

  The retirement system shall honor claims under a qualified domestic relations order at a time designated by the state treasurer.   For purposes of this section, “qualified domestic relations order” has the same meaning as provided in § 414(p) of the Internal Revenue Code of 1986 (26 U.S.C. § 414(p)); provided, that such order may only relate to the provision of marital property rights relating to the retirement system for the benefit of the retirement system member's former spouse.
TN Code § 8-36-202 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 2 - Service Retirement|§ 8-36-202. Application for Retirement — Use of Electronic Means

 Any eligible member may retire on a service retirement allowance subsequent to receipt by the board of trustees of an application filed by the member through such medium as shall be prescribed by the state treasurer. At such time designated by the state treasurer, the retirement system may require the use of an electronic medium for the submission of service retirement applications. The director of the retirement system may waive the requirement to submit such application by electronic means for any member who demonstrates in writing that compliance would cause undue hardship to the member as determined by the director of the retirement system.
TN Code § 8-36-203 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 2 - Service Retirement|§ 8-36-203. Effective Date of Retirement — Commencement of Benefits

 The retirement system shall pay all benefits in accordance with a good faith interpretation of the requirements of § 401(a)(9) of the Internal Revenue Code (26 U.S.C. § 401(a)(9)), and the regulations in effect under that section, as applicable to a governmental plan within the meaning of § 414(d) of the Internal Revenue Code (26 U.S.C. § 414(d)). The retirement system is subject to the following provisions:   Any member eligible to retire may set the effective date of the member's retirement at any date within one hundred fifty (150) days before or after the date that the member's application is filed with the board; provided, that such effective date of retirement follows the date of the member's separation from service;   A member may submit only one (1) retirement application even if the member has service credit in one (1) or more of the four (4) defined benefit plans administered by the retirement system pursuant to Chapters 34 37 of this title. The retirement payment plan and beneficiary selected by the member on the retirement application shall be the same for all of the plans and may not be changed or revoked, except as provided in part 6 of this chapter. The retirement system shall pay benefits from each of the applicable plans on the member's effective date of retirement; provided, that the member has met the eligibility requirements of the particular plan for a retirement allowance. If on a member's effective date of retirement the member has not met the eligibility requirements for a retirement allowance from a particular plan, the retirement system shall commence payments from that plan once the member meets the eligibility requirements of the plan;   Distribution of a member's benefit must begin by the required beginning date, which is the later of the April 1 following the calendar year in which the member attains age seventy and one-half (70½) or April 1 of the year following the calendar year in which the member terminates. 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; and   The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of § 401(a)(9)(G) of the Internal Revenue Code (26 U.S.C. § 401(a)(9)(G)), and the minimum distribution incidental benefit rule under Treasury Regulation § 1.401(a)(9)-6, Q&A-2.
TN Code § 8-36-207 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 2 - Service Retirement|§ 8-36-207. Computation Under Formula of Superseded System

 Notwithstanding Chapters 34 37 of this title to the contrary, any member, as defined in § 8-34-101, shall receive the greater of:   The service retirement allowance as provided in Chapters 34 37 of this title; or   The service retirement allowance as would have been provided the member by the superseded system.
TN Code § 8-36-210 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 2 - Service Retirement|§ 8-36-210. Eligibility of Certain Group 1 Members to Elect Coverage Under Group 2 Provisions

 Any Group 1 member employed as a sheriff on April 30, 1992, by a political subdivision participating under chapter 35, part 2 of this title who has creditable service in the Tennessee consolidated retirement system based upon service as a state police officer, wildlife officer, police officer, sheriff, or deputy sheriff prior to July 1, 1976, may elect to be covered by the retirement eligibility, benefit and contribution provisions applicable to Group 2 members; provided, that the following conditions are met:   The political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of such benefits;   Following the review of the cost of granting such benefits, the chief governing body of the political subdivision passes a resolution authorizing the provisions of this section for such members, and accepting liability for such benefits; and   Any such member electing to be covered under this section pays to the retirement system in a lump sum the difference between what such member would have contributed had such member been a Group 2 member and the amount such member actually paid, plus interest at the rate provided in § 8-37-214.
TN Code § 8-36-301 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 3 - Early Service Retirement|§ 8-36-301. Eligibility

  Any member in Group 1 shall be eligible for early service retirement upon satisfying one (1) of the following:  Attainment of fifty-five (55) years of age with the applicable years of creditable service as set forth in § 8-36-204; or   At any age less than fifty-five (55) years of age with twenty-five (25) years of creditable service; provided, that this provision shall be optional for political subdivisions participating under chapter 35 of this title.     Any member in Group 2 shall be eligible for early retirement upon satisfying one (1) of the following:  Attainment of fifty-five (55) years of age with ten (10) years of creditable service; or   If the member is employed by a political subdivision which has not authorized unreduced service retirement benefits pursuant to § 8-36-201(b)(1)(B), at any age with thirty (30) years of creditable service.     Any member in Group 3 shall be eligible for early service retirement upon attaining fifty-five (55) years of age with eight (8) years of service.
TN Code § 8-36-302 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 3 - Early Service Retirement|§ 8-36-302. Eligibility and Computation of Allowances

  Notwithstanding any other law to the contrary and beginning on November 1, 1982, any of the following employees who are not eligible for social security coverage shall be eligible for early service retirement upon the completion of ten (10) years of membership service in a position covered by a local retirement system as provided for in chapter 35, part 3 of this title; the Tennessee consolidated retirement system; or a superseded system:  General employee;   Firefighter or police officer;   Teacher; and   Member of a local retirement system.     The retirement allowance, as provided under this section, shall be computed as a service retirement allowance and reduced by the greater of:  Four-tenths of one percent (0.4%) for each month by which the date of early service retirement precedes the service retirement date; or   An actuarial equivalent of the retirement allowance.
TN Code § 8-36-303 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 3 - Early Service Retirement|§ 8-36-303. Setting of Retirement Date

  Any member eligible to retire may set the effective date of the member's retirement at any date within one hundred fifty (150) days before or after the date the 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 and that the member at the time so specified for the member's retirement shall have completed the applicable eligibility requirements as hereinabove set forth.   A member may submit only one (1) retirement application even if the member has service credit in one (1) or more of the four (4) defined benefit plans administered by the retirement system pursuant to Chapters 34 37 of this title. The retirement payment plan and beneficiary selected by the member on the retirement application shall be the same for all of the plans and may not be changed or revoked, except as provided in part 6 of this chapter. The retirement system shall pay benefits from each of the applicable plans on the member's effective date of retirement; provided, that the member has met the eligibility requirements of the particular plan for a retirement allowance. If on a member's effective date of retirement the member has not met the eligibility requirements for a retirement allowance from a particular plan, the retirement system shall commence payments from that plan once the member meets the eligibility requirements of the plan.
TN Code § 8-36-304 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 3 - Early Service Retirement|§ 8-36-304. Computation of Allowance

 The early service retirement allowance calculated under this part shall be computed as a service retirement allowance in accordance with part 2 of this chapter on the basis of the member's average final compensation and creditable service at the time of early service as follows:    For a Group 1 member retiring under § 8-36-301(a)(1), reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's service retirement date. If the member's creditable service is less than ten (10) years, the reduced benefit shall be further limited in accordance with the following:  Creditable Service  Percent  Reduced Benefit Due   at least 4 years 10%   at least 5 years 25%   at least 6 years 40%   at least 7 years 55%   at least 8 years 70%   at least 9 years 85%   at least 10 years 100%    For a Group 1 member retiring under § 8-36-301(a)(2), the actuarial equivalent of the benefit as reduced under subdivision (1)(A) which would be payable at fifty-five (55) years of age;      For a Group 2 member retiring under § 8-36-301(b)(1), reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's service retirement date.   For a Group 2 member retiring § 8-36-301(b)(2), reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's attainment of fifty-five (55) years of age; and     For a Group 3 member retiring under § 8-36-301(c), reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's completion of twenty-four (24) years of creditable service.
TN Code § 8-36-305 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 3 - Early Service Retirement|§ 8-36-305. Minimum Allowances

  The minimum early service retirement allowance payable to any member in Group 1, 2 or 3 shall be the minimum service retirement allowance computed in accordance with § 8-36-209(a) on the basis of the member's creditable service at the time of early retirement, reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's service retirement date.   The minimum early service retirement allowance payable to a transferred Class A member or a transferred Class B member shall be equal to a minimum service retirement allowance computed in accordance with § 8-36-209(b) on the basis of the member's creditable service at the time of early retirement.
TN Code § 8-36-306 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 3 - Early Service Retirement|§ 8-36-306. Alternative Early Retirement

  Any member in Group 1 shall be eligible for a retirement benefit upon completion of twenty-five (25) years of creditable service.   If the member is less than fifty-five (55) years of age, such benefit shall be the actuarial equivalent of the retirement benefit which would be payable to the member at fifty-five (55) years of age.   This section shall be optional for political subdivisions participating under chapter 35 of this title.
TN Code § 8-36-307 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 3 - Early Service Retirement|§ 8-36-307. Group 2 Members — Eligibility and Computation of Allowance

  Any member in Group 2 who is employed by a political subdivision and who elected to come under § 8-36-201(b)(2)(A) shall be eligible for early service retirement upon completion of twenty (20) years of service regardless of age. Any member retiring under this section shall be entitled to receive a reduced retirement allowance based on the member's age which is the actuarial equivalent of the benefit provided in § 8-36-206 at fifty-five (55) years of age. This section must be approved by the chief governing body of the employing political subdivision within ninety (90) days of July 1, 1984.   Any member in Group 2, who is employed by a political subdivision and who elected to come under § 8-36-201(b)(2)(A), shall be eligible for early service retirement upon completion of twenty (20) years of service regardless of age. Any member retiring under this section shall be entitled to a retirement allowance reduced by four tenths of one percent (0.4%) for each month for which the member's date of early retirement precedes such member's service retirement date. This subsection (b) must be approved, along with acceptance of the associated liability, by the chief governing body of the employing political subdivision within ninety (90) days of July 1, 1986.
TN Code § 8-36-309 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 3 - Early Service Retirement|§ 8-36-309. Eligibility of Correctional Officer for Early Service Retirement Upon Attainment of 25 Years of Creditable Service — “Correctional Officer” Defined

  A correctional officer who is a member of the retirement system, regardless of the correctional officer's participation in the legacy pension plan, the hybrid plan, or any other alternative plan, is eligible for early service retirement after attaining twenty-five (25) years of creditable service. The retirement allowance must be computed as the actuarial equivalent of the benefit that would have been payable under a service retirement allowance.   Subsection (a) does not require a correctional officer to retire. Subsection (a) applies only to a correctional officer who retires on or after January 1, 2021, and does not constitute a change in formula under § 8-36-702.   A correctional officer who chooses to retire pursuant to subsection (a) is entitled to any insurance coverage otherwise provided to a member who is one hundred percent (100%) vested in the member's service retirement benefit pursuant to § 8-36-201 on the date that the correctional officer would have become one hundred percent (100%) vested in the service retirement benefit pursuant to § 8-36-201.   As used in this section, “correctional officer” means a person who:  Is employed by the department of correction; and   Satisfies the requirements of § 41-1-116.
TN Code § 8-36-503 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 36 - Retirement Benefits|Part 5 - Disability Retirement|§ 8-36-503. Effect of Division of Claims and Risk Management or Workers' Compensation Payments on Allowance Payments

  For the purposes of integrating division of claims and risk management or workers' compensation payments with the disability retirement allowance provided herein, compensation shall include any payments made by the division of claims and risk management or workers' compensation, except payments made for hospital or medical expenses.   Any member who is approved for a disability retirement allowance may be required to report to the retirement system, on a quarterly basis, the status of any workers' compensation claim filed by the member. The member shall provide a copy of the final workers' compensation settlement or judgment to the retirement system within thirty (30) days after the settlement or judgment becomes final. Failure to comply with the requirements of this subsection (b) may result in the suspension of the member's retirement allowance.