reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-309 - Temporary appointments

(a)
When an appointing authority desires to fill a position in the preferred service, and the commissioner cannot timely evaluate the pool of candidates for such vacancy, the commissioner may authorize the appointing authority to fill the position by temporary appointment for a period not to exceed six (6) months. A temporary appointee shall hold a position only until an appropriate pool has been established, the required evaluation is completed, and the appointment of the preferred service employee begins. No temporary appointment shall be renewed.
(b)
An appointing authority may, with the approval of the commissioner, temporarily fill an existing preferred service position, for a period not to exceed ninety (90) days, by utilizing a temporary staffing service having a contract with the state to provide short-term temporaries. This subsection (b) applies only to the utilization of vendor-supplied temporaries.
(c)
If the position to be filled is not officially vacant, the appointing authority must obtain the commissioner's approval to overlap the position with another prior to making an appointment.
Amended by 2022 Tenn. Acts, ch. 655, s 12, eff. 7/1/2022.
Acts 2012 , ch. 800, § 30.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-310 - Emergency appointments

When an emergency occurs, affecting the ability to fill a position in the preferred service under any other provision of this part, an appointing authority, in order to prevent stoppage of public business or loss or serious inconvenience to the public, may appoint any qualified person to such position with the approval of the commissioner. Any such person shall be employed only during such emergency and for a period not exceeding one hundred twenty (120) days. No such appointment shall be renewed.
Acts 2012, ch. 800, § 31.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-311 - Unskilled and custodial positions

(a)
For positions involving basic clerical, unskilled or semiskilled labor, or domestic, attendant or custodial work, when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the procedure prescribed by this part, the commissioner may adopt, or authorize the use of, such other procedures as the commissioner determines to be appropriate in order to meet the needs of the service.
(b)
The commissioner may provide input on all contracts with the private sector to perform the functions or jobs listed in subsection (a). The commissioner may be involved in the communications with any employee whose job may be terminated as the result of a contract with a private party.
Amended by 2017 Tenn. Acts, ch. 469,s 2, eff. 7/1/2017.
Acts 2012, ch. 800, § 32.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-312 - Transfers

(a)
An appointing authority may at any time assign an employee from one position to another position in the same job classification or rank within the same department. Upon making such assignment, the appointing authority shall give written notice of such action and the reasons for such action to the commissioner.
(b)
A transfer of an employee from one department to another may be made with the approval of the commissioner and of the appointing authorities. The appointing authority, or authorities, with the approval of the commissioner, shall have authority to make such a transfer for any reason that they may deem to be for the good of the service. Their actions shall not be subject to appeal except as provided in this chapter.
(c)
No employee shall be transferred from a position in one class to a position in another class of a higher rank or for which there are substantially dissimilar requirements for appointment, unless the employee is appointed to such latter position after certification of the employee's name from a pool of candidates in accordance with this chapter.
(d)
Any change of an employee from a position in one class to a position in a class of a lower rank shall be considered a demotion, except that the employee shall not be considered to have been demoted and shall not be required to serve a period of probation, if the change from a position in one class to a position in a class of a lower rank occurred:
(1)
At the employee's request, with the concurrence of the department or agency; or
(2)
(A)
Because of a change in the organizational structure of the government entity;
(B)
Because of the abolishment of a position;
(C)
As the result of a reduction in force;
(D)
For reasons caused by organizational necessity; or
(E)
As a result of compliance with §
8-30-205
.
Amended by 2022 Tenn. Acts, ch. 655, s 13, eff. 7/1/2022.
Acts 2012 , ch. 800, § 33.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-313 - Performance standards and expected outcomes - Job performance evaluations

(a)
In cooperation with appointing authorities, the commissioner shall establish, and may periodically amend:
(1)
The standards of performance for employees;
(2)
The expected outcomes for employees; and
(3)
A system of job performance evaluations based upon the standards described in subdivisions (a)(1) and (2).
(b)
Employee performance standards and expected outcomes must be specific, measurable, achievable, relevant to the strategic objective of the employee's state agency or division, and time sensitive.
(c)
Each appointing authority shall, at periodic intervals (but at least annually), make, and report to the commissioner, job performance evaluations for the employees in the appointing authority's department or state agency. Upon request by the commissioner, the appointing authority shall provide the information on which the appointing authority relied in evaluating job performance.
(d)
The performance evaluations of state service employees shall not be considered public records under §
10-7-503
. Nothing in this subsection (d) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
(e)
Job performance evaluations may be used as follows:
(1)
To determine salary increases and decreases within the limits established by the compensation plan developed under this chapter;
(2)
As a factor in making or denying promotions; and
(3)
As a means of determining employees:
(A)
Who are candidates for promotion or transfer; or
(B)
Who, because of a low job performance evaluation, are candidates for demotion, dismissal or reduction in force.
(f)
[Deleted by 2020 amendment.]
(g)
In the process of establishing the system of job performance evaluations, the department shall afford representatives of recognized employee groups an opportunity to present facts, views or arguments related to the proposed system of job performance evaluations.
Amended by 2020 Tenn. Acts, ch. 711, s 4, eff. 6/15/2020.
Amended by 2013 Tenn. Acts, ch. 236, s 65, eff. 4/19/2013.
Acts 2012 , ch. 800, § 34.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-314 - [Repealed]

Repealed by 2022 Tenn. Acts, ch. 655,s 14, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 469,s 3, eff. 7/1/2017.
Acts 2012, ch. 800, § 35.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-315 - Employee suspension for disciplinary purposes

An appointing authority may suspend without pay an employee, for disciplinary purposes, for such length of time as the authority considers appropriate, not exceeding thirty (30) days in any twelve-month period. With the approval of the commissioner, an employee may be suspended for a longer period pending the appeal or the processing of an appeal in accordance with this chapter.
Acts 2012, ch. 800, § 36.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-316 - Dismissal, demotion or suspension for cause

(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.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-317 - [Repealed]

Amended by 2022 Tenn. Acts, ch. 655, s 15, eff. 7/1/2022.
Acts 2012 , ch. 800, § 38.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-319 - Supervisor's responsibilities - Disciplinary actions

(a)
The supervisor is responsible for maintaining the proper job performance level, conduct, and discipline of the employees under the supervisor's supervision. When corrective action is necessary, the supervisor should administer disciplinary action at the step appropriate to the infraction, conduct, or performance, as determined by the supervisor.
(b)
Upon written application by the employee, any written warning or written follow-up to an oral warning, which has been issued to an employee, shall be expunged from the employee's personnel file after a period of two (2) years; provided, that the employee has had no further disciplinary actions with respect to the same area of performance, conduct, and discipline.
(c)
Any written warning or written follow-up to an oral warning that has been issued to an employee is void and of no effect after a period of two (2) years if the employee has not been the subject of further disciplinary action with respect to the same area of performance, conduct, or discipline within the two-year period.
Amended by 2017 Tenn. Acts, ch. 469,s 5, eff. 7/1/2017.
Acts 2012, ch. 800, § 40.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-320 - Calculation of time

For purposes of this part and unless otherwise specified in this part, time must be calculated in accordance with §
8-30-407
.
Amended by 2022 Tenn. Acts, ch. 655, s 27, eff. 7/1/2022.
Acts 2018, ch. 904, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-321 - Requirement of baccalaureate degree

(a)
A state agency shall not require as a condition of eligibility for hire to a position in state employment that an applicant have a baccalaureate degree.
(b)
Subsection (a) does not apply if the knowledge, skills, or abilities required for the position for which an applicant is applying can only reasonably be obtained, as determined by the appointing authority, through a course of study in pursuit of, and culminating in the award of, a baccalaureate degree.
Added by 2022 Tenn. Acts, ch. 823,s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 4 - ADMINISTRATION OF CHAPTER (§§ 8-30-401 — 8-30-407) › Section 8-30-401 - Services to municipalities and other political subdivisions

The commissioner may enter into agreements with any municipality or political subdivision of the state to furnish services and facilities of the department to such municipality or political subdivision in the administration of its personnel. Any such agreement shall provide for the reimbursement to the state of the reasonable cost of the services and facilities furnished, as determined by the commissioner. All municipalities and political subdivisions of the state are authorized to enter into such agreements.
Acts 2012, ch. 800, § 42.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 4 - ADMINISTRATION OF CHAPTER (§§ 8-30-401 — 8-30-407) › Section 8-30-402 - Reasonable use of public buildings

All officers and employees of the state and of municipalities and political subdivisions of the state shall allow the department the reasonable use of public buildings under their control for conducting an assessment, hearing or investigation authorized by this part or part 3 of this chapter. The department shall pay to a municipality or political subdivision the reasonable cost of any such facilities furnished by it.
Acts 2012, ch. 800, § 43.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 4 - ADMINISTRATION OF CHAPTER (§§ 8-30-401 — 8-30-407) › Section 8-30-403 - Corrupt practices

(a)
No person shall make any false statement, certificate, mark, rating or report with regard to any assessment, certification or appointment made under any provision of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter.
(b)
No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the state service.
(c)
No employee of the department, examiner, or other person shall defeat, deceive or obstruct any person in such person's right to an assessment, eligibility, certification or appointment under this chapter, or furnish to any person any special or secret information, for the purpose of affecting the rights or prospects of any person with respect to employment in the preferred service.
Acts 2012, ch. 800, § 44.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 4 - ADMINISTRATION OF CHAPTER (§§ 8-30-401 — 8-30-407) › Section 8-30-404 - Compliance with conditions of grants permitted

Nothing in this chapter shall be construed to prevent the commissioner, in the commissioner's discretion, from permitting any department in state service from complying with any condition or limitation included in, or affecting any grant from, the federal government or other public or private source.
Acts 2012, ch. 800, § 45.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 4 - ADMINISTRATION OF CHAPTER (§§ 8-30-401 — 8-30-407) › Section 8-30-405 - Outside employment

Nothing in this chapter shall be construed to prohibit a state employee from engaging in outside employment. Such outside employment shall not adversely affect the employee's performance with the state, create a conflict of interest between such additional employment, or conflict with the regular employment schedule of the employee.
Acts 2012, ch. 800, § 46.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 4 - ADMINISTRATION OF CHAPTER (§§ 8-30-401 — 8-30-407) › Section 8-30-406 - Hours of work, attendance, and leaves of absence

The rules shall provide for the hours of work, holidays, attendance regulations and leaves of absence in state service. They may contain provisions for annual, sick, and special leaves of absence, with or without pay.
Acts 2012, ch. 800, § 47.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 4 - ADMINISTRATION OF CHAPTER (§§ 8-30-401 — 8-30-407) › Section 8-30-407 - Computation of periods of time

In computing any period of time prescribed or allowed by this chapter, the date of the act or event after which the designated period of time begins to run is not to be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday as defined in §
15-1-101
, or, when the act to be done is the filing of a paper, a day on which the office where the paper to be filed is closed or on which weather or other conditions have made the office inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
Acts 2012 , ch. 800, § 48.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-101 - Short title

This chapter shall be known and may be cited as the "Tennessee State Employees Uniform Nepotism Policy Act of 1980."
Acts 1980, ch. 789, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
(A)
"Governmental entity" means a state agency, authority, board, commission, department, or office within the executive or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education; provided, that "governmental entity" does not include an agency or office of the legislative branch; and
(B)
The receipt of funding from various state, federal, or local governmental sources, including county or municipal funding, does not change the status of a state agency as a state governmental entity or office under this chapter or otherwise exclude the state agency from the definition of "governmental entity" under subdivision (1)(A);
(2)
"Relative" means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household; and
(3)
"State employee" means any person who is employed by a governmental entity.
Amended by 2023 Tenn. Acts, ch. 50, s 1, eff. 7/1/2023.
Acts 1980, ch. 789, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-103 - Direct supervision of relatives prohibited

Within each governmental entity, no state employees who are relatives shall be placed within the same direct line of supervision whereby one (1) relative is responsible for supervising the job performance or work activities of another relative; provided, that to the extent possible, this chapter shall not be construed to prohibit two (2) or more such relatives from working within the same state governmental entity.
Acts 1980, ch. 789, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-104 - Transfer of spouses

When as a result of a marriage, state employees are in violation of the prohibition established by §
8-31-103
, such violation shall be resolved by means of such transfer within the governmental entity, transfer to another governmental entity, or resignation as may be necessary to remove such violation. The appointing authority of such governmental entity shall advise the employees of each of the alternatives available to remove such violation. Such employees shall be given the opportunity to select among such available alternatives. If such employees are unable to agree upon any such alternative within sixty (60) days, then the appointing authority shall take appropriate action to remove such violation.
Acts 1980, ch. 789, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-105 - Prospective application of chapter

The prohibition established by §
8-31-103
shall not be applied retroactively, but shall be adhered to by each governmental entity in all hiring and employee transactions subsequent to July 1, 1980.
Acts 1980, ch. 789, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-106 - Conflicting nepotism policies prohibited

This chapter shall be applied uniformly and shall constitute the nepotism policy of each governmental entity. No such governmental entity shall adopt a nepotism policy which conflicts with the provisions of this chapter.
Acts 1980, ch. 789, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-107 - Special school house parents excepted

This chapter does not apply to spouses serving together as house parents at any of the state's special schools.
Acts 1980, ch. 789, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-108 - Penalty for knowing or intentional violations - Presumptions

(a)
A state employee who knowingly or intentionally violates §
8-31-103
, and thereafter willfully fails or refuses to remove or remedy the violation as provided by §
8-31-104
, commits a Class A misdemeanor.
(b)
Upon a violation of §
8-31-103
by a state employee, there is created a rebuttable presumption that a willful failure or refusal to remove or remedy the violation as provided by §
8-31-104
constitutes an actionable basis to institute ouster proceedings under chapter 47 of this title; impeachment proceedings under chapter 46 of this title; or quo warranto proceedings under title 29, chapter 35.
Added by 2023 Tenn. Acts, ch. 50, s 2, eff. 7/1/2023.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 31 - TENNESSEE STATE EMPLOYEES UNIFORM NEPOTISM POLICY ACT OF 1980 (§§ 8-31-101 — 8-31-109) › Section 8-31-109 - Identification of employees

A person who receives a salary or other compensation from or through a governmental entity is an employee of the governmental entity for purposes of this chapter regardless of whether the governmental entity receives funding for the employee's salary or compensation from a source other than this state.
Added by 2023 Tenn. Acts, ch. 50, s 2, eff. 7/1/2023.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-101 - Chapter definitions

When used in this chapter:
(1)
(A)
"Military duty" means:
(i)
Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States; and
(ii)
Time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting for such training and service;
(B)
"Military duty" also includes active duty training as a reservist in the armed forces of the United States or as a member of the national guard of the United States where the call is for training only;
(2)
"Position" means employment held by a public employee at the time of entrance into military duty, but does not include temporary or casual employment or an office filled by election;
(3)
"Public employee" means any person holding a position in public employment who has successfully completed the probationary period required by the agency in which such person is employed;
(4)
"Public employer" means any government, department, or agency mentioned in subdivision (5) employing a public employee in a position; and
(5)
"Public employment" means employment by the government of this state, or of any county, municipality or other civil or political subdivision thereof, including any department or agency thereof.
Acts 1951, ch. 112, § 1 (Williams, § 1034.73); 1953, ch. 245, § 1; modified; T.C.A. (orig. ed.), § 8-3301.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-102 - Reemployment after discharge from service

Any public employee who leaves a position or who left such position not earlier than June 27, 1950, whether voluntarily or involuntarily, in order to perform military duty, or who was performing military duty on June 27, 1950, and who is relieved or discharged from such duty under conditions other than dishonorable, and makes application for reemployment within ninety (90) days after such employee is relieved from military duty or from hospitalization continuing after discharge for a period of not more than one (1) year shall:
(1)
If still physically qualified to perform the duties of such position, be restored to such position if it exists and is not held by a person with greater seniority, otherwise to a position of like seniority, status and pay; or
(2)
If not qualified to perform the duties of such position by reason of disability sustained during such service, such public employee shall be placed in such other position, the duties of which such employee is qualified to perform as will provide the employee like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances of the case.
Acts 1951, ch. 112, § 2 (Williams, § 1034.74); modified; T.C.A. (orig. ed.), § 8-3302.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-103 - Reemployment in different department

In the case of any person who is entitled to be restored to a position in accordance with §§
8-33-101
- 8-33-108, if the commissioner of human resources finds that:
(1)
The department or agency with which such person was employed immediately prior to such person's entry upon training and service aforementioned is no longer in existence and its functions have not been transferred to any other agency; or
(2)
For any reason it is not feasible for such person to be restored to such department or agency,
the commissioner shall determine whether or not there is a position in any other department or agency of the same public employer for which such person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the commissioner determines that there is such a position, such person shall be restored to such position by the department or agency in which such position exists.
Acts 1951, ch. 112, § 2 (Williams, § 1034.74); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3303; Acts 2007, ch. 60.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-104 - Rights after reemployment

Any person who is restored to a position in accordance with §§
8-33-101
- 8-33-108 shall not be discharged from such position without cause within one (1) year after such restoration, and shall, without limiting such person's rights conferred by this or other sections, be considered as having been on furlough or leave of absence during the period of military duty. Such person shall be restored without loss of seniority (including, upon promotion or other advancement following completion of any period of employment required therefor, a seniority date in the advanced position which will place such person ahead of all persons previously junior to such person who advanced to the position during the absence in armed forces). The employee shall also be entitled on reinstatement to participate in insurance (including retirement, pension plans, and medical insurance) and other benefits dependent on length of employment, including vacation privilege and severance pay. The employee shall be protected against reduction in seniority, status, or pay during employment, except as such reduction may be made for all employees whose employment situations are similar.
Acts 1951, ch. 112, § 3 (Williams, § 1034.75); Acts 1976, ch. 816, §2; T.C.A. (orig. ed.), § 8-3304.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-105 - Military leave to report for duty - Reinstatement on rejection

Any public employee who holds a position in public employment shall be granted a leave of absence for the purpose of being inducted or otherwise entering military duty. If not accepted for such duty, the employee shall be reinstated in such position without loss of seniority or status or reduction in rate of pay. During such period, the employee shall for all purposes be considered to have rendered service and to have been compensated therefor at the employee's regular rate of pay.
Acts 1951, ch. 112, § 4 (Williams, § 1034.76); T.C.A. (orig. ed.), § 8-3305.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-106 - Enforcement by commissioner of human resources

(a)
The commissioner of human resources is authorized and directed to issue regulations for the enforcement of §§
8-33-101
- 8-33-108. The departments and agencies in the state government shall comply with such regulations and orders issued by the commissioner pursuant to such regulations.
(b)
The commissioner is authorized and directed whenever the commissioner finds, upon appeal of the person concerned, that any state department or agency has failed or refuses to comply with §§
8-33-101
- 8-33-108, or of regulations thereunder, to issue an order specifically requiring such department or agency to comply with such provisions and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amount received through other employment, unemployment compensation or readjustment allowances; provided, that any such compensation ordered to be paid by the commissioner shall be in addition to and shall not be deemed to diminish any of the benefits of such provisions, and shall be paid by the head of the department or agency concerned out of the appropriations currently available for salaries and expenses of such department or agency, and such appropriations shall be available for such purpose.
Acts 1951, ch. 112, § 5 (Williams, § 1034.77); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3306; Acts 2007, ch. 60.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-107 - Enforcement in chancery

The chancery courts for the various counties in the state of Tennessee are hereby authorized, and express jurisdiction is hereby conferred upon the chancery courts, to enforce §§
8-33-101
- 8-33-108 in any case where a political subdivision of the state of Tennessee, county or municipality within the local jurisdiction of the chancery court has failed or refuses to comply with those sections, and to issue an order specifically requiring such political subdivision, county or municipality, to comply with those sections and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amount received through other employment, unemployment compensation or readjustment allowances; provided, that any such compensation ordered to be paid by the chancery court shall be in addition to and shall not be deemed to diminish any of the benefits of such provisions and shall be paid from currently available funds of such political subdivision, county or municipality.
Acts 1951, ch. 112, § 6 (Williams, § 1034.78); T.C.A. (orig. ed.), § 8-3307.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-108 - Inconsistent laws inapplicable

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.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 33 - EMPLOYEES IN MILITARY SERVICE (§§ 8-33-101 — 8-33-110) › Section 8-33-109 - Reservists' leave of absence

(a)
All officers and employees of this state, or any department or agency thereof, or of any county, municipality, school district, or other political subdivision, and all other public employees of this state who are, or may become, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave or vacation, impairment of efficiency rating, or any other rights or benefits to which otherwise entitled, for all periods of military service during which they are engaged in the performance of duty or training in the service of this state, or of the United States, under competent orders; provided, that an officer or employee while on such leave shall be paid salary or compensation for a period, or periods, not exceeding twenty (20) working days in any one (1) calendar year, plus such additional days as may result from any call to active state duty pursuant to §
58-1-106
. The military leave herein provided shall be unaffected by date of employment or length of service and shall have no effect on other leaves provided by law, regulation, policy or practice. After the twenty (20) working days of full compensation, any public employer may provide partial compensation to its employees while under competent orders. After the twenty (20) working days of full compensation, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, may use up to five (5) days of sick leave in lieu of annual leave for the purposes of not having to take leave without pay.
(b)
Notwithstanding subsection (a), after the twenty (20) working days of full compensation, any educator who is a member of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, is authorized, but not required, to use any accumulated sick leave in lieu of annual leave for the purposes of not having to take leave without pay when called into active duty. Nothing in this subsection (b) prohibits an educator from using up to five (5) days of an initial allotment of sick leave pursuant to §
49-5-710(a)(3)
in accordance with subsection (a). For purposes of this subsection (b), "educator" has the same meaning as defined in §
49-5-204(b)
.
Amended by 2018 Tenn. Acts, ch. 886, s 1, eff. 5/3/2018.
Amended by 2013 Tenn. Acts, ch. 432, s 1, eff. 7/1/2013.
Acts 1951, ch. 88, § 1 (Williams, § 1866.7); 1967, ch. 376, § 2; 1969, ch. 204, § 1; T.C.A. (orig. ed.), §8-3310; Acts 2003 , ch. 308, § 1; 2007 , ch. 360, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 1 - GENERAL PROVISIONS (§§ 8-34-101 — 8-34-102) › Section 8-34-102 - Masculine pronoun

The masculine pronoun wherever used includes the feminine.
Acts 1972, ch. 814, § 1; T.C.A., § 8-3901.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 2 - ADMINISTRATION (§§ 8-34-201 — 8-34-210) › Section 8-34-201 - Establishment of system

(a)
A retirement system is established and placed under the management of the board of trustees, for the purpose of providing retirement allowances and other benefits under the provisions of chapters 34-37 of this title. The retirement system so created shall be established as of July 1, 1972.
(b)
The retirement system is established as a qualified defined benefit plan under chapters 34-37 of this title, as amended, pursuant to §§ 401(a) and 414(d) of the Internal Revenue Code (
26 U.S.C. §§ 401(a)
and
414(d)
), or such other provision of the Internal Revenue Code as applicable, and applicable United States department of the treasury regulations and other guidance.
Amended by 2016 Tenn. Acts, ch. 605,s 3, eff. 3/17/2016.
Acts 1972, ch. 814, § 2; T.C.A., § 8-3902.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 2 - ADMINISTRATION (§§ 8-34-201 — 8-34-210) › Section 8-34-202 - Name - Powers and duties generally

It shall have the powers, privileges and immunities of a corporation and shall be known as the "Tennessee Consolidated Retirement System," and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.
Acts 1972, ch. 814, § 2; T.C.A., § 8-3902.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 2 - ADMINISTRATION (§§ 8-34-201 — 8-34-210) › Section 8-34-203 - Application of other laws

No other provision of law in any other statute which provides wholly or partly at the expense of this state or any political subdivision thereof pensions or retirement benefits for members or beneficiaries of the retirement system shall apply to such members or beneficiaries of the retirement system except Title II of the Social Security Act (
42 U.S.C. §§ 401-425
), and chapter 25, part 3 of this title. Further, no other provision of law in any other statute which bestows membership in the Tennessee consolidated retirement system from or after May 2, 2011, shall apply unless such membership provision is codified in chapter 35 of this title.
Acts 1972, ch. 814, § 17; T.C.A., § 8-3947; Acts 1983, ch. 342, § 3; 2011 , ch. 140, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 2 - ADMINISTRATION (§§ 8-34-201 — 8-34-210) › Section 8-34-204 - Amendment or repeal of laws not to diminish or annul acquired rights

Every provision of chapters 34-37 of this title shall be subject to amendment or repeal by any session of the general assembly; provided, that no such amendment or repeal shall diminish or annul, in any respect, any right acquired by a member or beneficiary under chapters 34-37 of this title.
Acts 1972, ch. 814, § 17; T.C.A., § 8-3948.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 2 - ADMINISTRATION (§§ 8-34-201 — 8-34-210) › Section 8-34-205 - Penalty for fraud

Any person who knowingly makes any false statement, or falsifies or permits to be falsified any record or records of the retirement system, commits a Class C misdemeanor.
Acts 1972, ch. 814, § 15; T.C.A., § 8-3945; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 2 - ADMINISTRATION (§§ 8-34-201 — 8-34-210) › Section 8-34-207 - Electronic form and document filing - Electronic signatures

(a)
Notwithstanding §
8-36-121
or any other law to the contrary, the board of trustees may implement procedures for the filing of membership forms, beneficiary designations, retirement applications and any other retirement system forms and documents by electronic means and to authorize electronic signatures in the signing of such forms and documents.
(b)
If a form or document is filed by electronic means pursuant to this section, the form or document and the electronic signature of the person who executes the same shall be binding on all persons and shall have the same force and effect as if the signature had been handwritten in ink on a printed form.
(c)
For purposes of this section, the following definitions shall apply:
(1)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(2)
"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
Acts 2011 , ch. 140, § 14.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 2 - ADMINISTRATION (§§ 8-34-201 — 8-34-210) › Section 8-34-208 - Obsolete

Acts 1990, ch. 961, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 2 - ADMINISTRATION (§§ 8-34-201 — 8-34-210) › Section 8-34-209 - Retirement incentive bonus for public service commission employees

(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.