2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 36 - RETIREMENT BENEFITS (§§ 8-36-101 — 8-36-924) › Part 6 - OPTIONAL RETIREMENT ALLOWANCES (§§ 8-36-601 — 8-36-611) › Section 8-36-601 - Election of options for designation of contingent beneficiaries authorized - Options enumerated - Retirement allowance for social security benefits

(a)
Any member may elect to convert the retirement allowance otherwise payable on the member's account after retirement, exclusive of any portion of a disability allowance not payable after commencement of unreduced social security benefits, into a retirement allowance of equivalent actuarial value under one (1) of the options named in subsection (b).
(b)
(1)
Option 1.
A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement.
(2)
Option 2.
A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death at one half (1/2) the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement.
(3)
Option 3.
A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement; provided, that if such designated beneficiary shall predecease the retired member, the retirement allowance payable to the member after the death of the designated beneficiary shall be equal to the retirement allowance which would have been payable had the member not elected an option.
(4)
Option 4.
A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death at one half (1/2) the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by the member by written designation duly acknowledged and filed with the board of trustees at the time of retirement; provided, that if such designated beneficiary shall predecease the retired member, the retirement allowance payable to the member after death of the designated beneficiary shall be equal to the retirement allowance which would have been payable had the member not elected an option.
(c)
Prior to retirement, any member who is covered by Title II of the Federal Social Security Act (
42 U.S.C. §§ 401-425
), may elect to convert the retirement allowance otherwise payable on the member's account after retirement into a retirement allowance of equivalent actuarial value of such amount that, with the member's benefit under Title II of the Federal Social Security Act, the member will receive, so far as possible, approximately the same amount per year before and after the commencement of such benefit.
(d)
Subsection (c) does not apply to a retiree receiving a disability retirement allowance if such retiree is also receiving social security disability benefits. Any member who is approved for a disability retirement allowance and who desires to convert such member's retirement allowance in accordance with subsection (c) shall be required to provide to the retirement system within thirty (30) days after notification of such approval, that the member has made application for social security disability benefits. If the application for social security benefits is denied, the member shall be given thirty (30) days from the date of denial in which to seek a reconsideration of such member's claim from the social security administration and to notify the retirement system of such action. Should the member's claim for social security disability benefits be denied upon reconsideration, such member shall, within thirty (30) days after notice of such denial, file an appeal to the administrative law judge and notify the retirement system of such member's action. The member is required to keep the retirement system informed of the status of such member's claim for social security disability benefits through the entire appeals process as specified herein. Failure to comply with the requirements of this subsection (d) shall result in a reduction of the member's disability retirement allowance to the amount which would have been payable had the member selected the regular plan, and the member shall be required to make a payment equal to the difference in benefits received and the regular plan.
(e)
Notwithstanding this section or any other law to the contrary, the amount of survivor benefits payable to a beneficiary under one (1) of the optional allowances provided for in subsection (b) shall not exceed the maximum amount determined under the applicable incidental death benefits regulations of the Internal Revenue Code (26 U.S.C.), unless the retired member's surviving spouse is the member's sole beneficiary. Benefits shall be adjusted as necessary to satisfy those regulations.
(f)
Effective as of July 1, 1989, the retirement system shall determine the amount of any optional retirement allowance on the basis of actuarial assumptions adopted by the board of trustees; such benefits shall not be subject to employer discretion. The actuarial assumptions adopted by the board for this purpose are incorporated as part of the plan document.
Amended by 2016 Tenn. Acts, ch. 605, s 9, eff. 3/17/2016.
Amended by 2015 Tenn. Acts, ch. 421, Secs.s 8, s 9 eff. 5/8/2015.
Amended by 2013 Tenn. Acts, ch. 296, s 17, eff. 4/29/2013.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(a); Acts 1981, ch. 387, § 10; 1992, ch. 843, § 20.