reglab/statecodes huggingface dataset:
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 8-34-210 - Production of records described in subpoena

(a)
Except as hereinafter provided, when a subpoena duces tecum is served upon any employee of the retirement system in an action or proceeding in which the retirement system is not a party, and such subpoena requires the production of all or any part of the records of the retirement system relating to any member, prior member or retiree of the retirement system, it shall be sufficient compliance therewith if the employee within fourteen (14) days after being served with a subpoena duces tecum, shall, either by personal delivery or certified or registered mail, file with the court clerk or the issuer, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy) of all records specifically described in such subpoena.
(b)
The records shall be accompanied by an affidavit of a custodian, stating in substance that:
(1)
The affiant is the duly authorized custodian of the records and has authority to certify the records; and
(2)
The copy is a true copy of all the records described in the subpoena.
(c)
If the retirement system has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner prescribed in this section.
(d)
(1)
The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit.
(2)
The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary.
(3)
When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.
(e)
The personal attendance of the custodian may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of information furnished by the retirement system. Where personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads:
"The procedure authorized pursuant to §
8-34-210
will not be deemed sufficient compliance with this subpoena."
Acts 1990, ch. 1027, § 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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-301 - General powers and duties

(a)
The general administration and responsibility for the proper operation of the retirement system and for making effective chapters 34-37 of this title are hereby vested in a board of trustees.
(b)
The board of trustees may delegate to the state treasurer the duty to carry out the day-to-day operations and responsibilities for the administration of the retirement system, including, but not limited to, complying with all applicable state and federal laws and rules.
Amended by 2015 Tenn. Acts, ch. 421,s 1, eff. 5/8/2015.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-303 - Vacancies on the board

In the event of death, disability, resignation, or ineligibility of a board member who is a state employee, the board of trustees is authorized to appoint a member from the group represented by the deceased or resigned member to fill the member's unexpired term. In the event of the death, disability, resignation, or ineligibility of a board member who was appointed as teacher trustee or the retired teacher trustee, the speaker of the senate or the speaker of the house of representatives who appointed the member shall appoint a trustee to fill the member's unexpired term.
Amended by 2015 Tenn. Acts, ch. 421,s 2, eff. 5/8/2015.
Acts 1973, ch. 347, § 23; T.C.A., § 8-3925; Acts 2011, ch. 280, § 3.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-304 - Compensation of members

The trustees shall serve without compensation as such, but shall be reimbursed for all necessary expenses that they may incur through service to the board. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1972, ch. 814, § 6; 1976, ch. 806, § 1(41); T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-305 - Oath of members

Each trustee, other than the ex officio members of the board, shall take an oath of office, that, so far as it devolves upon such trustee, the trustee will diligently and honestly administer the affairs of the board, and will not knowingly violate or willingly permit to be violated any law applicable to the retirement system. Such oath shall be subscribed by the trustee taking it, and certified by the officer before whom it is taken, and immediately filed in the office of the secretary of state.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-306 - Chair of the board

The state treasurer shall be ex officio chair of the board of trustees.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-307 - Secretary to the board

The director of the division of retirement shall be the secretary to the board.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-308 - Legal counsel

(a)
The attorney general and reporter or an assistant designated by the attorney general and reporter shall be the legal advisor of the board of trustees.
(b)
Notwithstanding any other law, in cases where the interest of the consolidated retirement system requires additional counsel to the attorney general and reporter, the chair of the board of trustees, with the approval of the attorney general and reporter, is authorized to employ such additional counsel.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3926; Acts 1983, ch. 342, § 25.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-309 - Meetings of the board

The board of trustees shall meet quarterly at a time established by the chair of the board of trustees. Special meetings of the board for transaction of business may be called by the secretary of the board by giving written notice to all members.
Acts 1972, ch. 814, § 6; 1977, ch. 400, § 7; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-310 - Quorum

Nine (9) voting members of the board shall constitute a quorum.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925; Acts 1981, ch. 387, § 4; 1985, ch. 244, § 3.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-311 - Voting

(a)
Each trustee, excluding legislative members, shall be entitled to one (1) vote on the board.
(b)
Nine (9) affirmative votes shall be necessary for a decision by the trustees at any meeting of the board of trustees.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925; Acts 1981, ch. 387, § 5; 1985, ch. 244, § 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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-312 - Operating expenses of the board

The compensation of all persons engaged by the board of trustees, and all other expenses of the board necessary for the operation of the retirement system, shall be paid at such rates and in such amounts as the board of trustees shall approve.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-313 - Rules and regulations

Subject to the limitations of chapters 34-37 of this title, the board of trustees shall, from time to time, adopt and publish rules and regulations for the administration of the funds created by chapters 34-37 of this title and for the transaction of its business.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-314 - Engaging actuarial and other services

The board of trustees shall engage such actuarial and other services as shall be required to transact the business of the retirement system.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-315 - Records of board open to public

The board of trustees shall keep a record of all of its proceedings which shall be open to public inspection.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-316 - Annual report

The board of trustees shall publish annually a report showing the fiscal transactions of the retirement system, including assets, liabilities, receipts and expenditures, for the preceding year, the amount of the accumulated cash and securities of the retirement system, and the latest balance sheet showing the financial condition of the retirement system by means of an actuarial valuation of the assets and liabilities of the retirement system. The board of trustees, at its discretion, may distribute such report to each member. Such report shall at all times, during business hours, be open for personal inspection by any member, and a copy thereof shall be furnished to any member upon such member's request.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925; Acts 1992, ch. 843, § 3.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-317 - Quadrennial audit

The board of trustees may provide for an audit to be made once in every four (4) years by a reliable independent auditor. This shall be in addition to the annual audit conducted by the office of the comptroller of the treasury.
Acts 1972, ch. 814, § 6; 1973, ch. 347, § 24; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-318 - Audit of employee records of other employers

The records of employment and compensation of employees of any political subdivision and other employers participating in the retirement system shall be subject to audit and certification by the board of trustees in accordance with rules and regulations adopted by the board for such purpose. The board may by agreement with the comptroller of the treasury establish a procedure using the personnel of the office of the comptroller of the treasury to audit and certify such records.
Acts 1975, ch. 315, § 13; T.C.A., § 8-3925.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-319 - Proration of costs among employers

The board of trustees, with the approval of the commissioner of finance and administration, may, at its discretion, direct that the cost of administering the retirement system be prorated among all employers and deducted from each employer's account in the state accumulation fund.
Amended by 2015 Tenn. Acts, ch. 118,s 5, eff. 4/10/2015.
Acts 1981, ch. 387, § 15; 1994, ch. 958, § 2; 2011, ch. 140, § 6.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-320 - Appointment of hearing officer or administrative judge - Appeal proceeding

(a)
The board of trustees is authorized to appoint a hearing officer, who shall be an impartial employee of the Tennessee treasury department, to conduct contested case proceedings pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or to request the appointment of an administrative judge from the office of the secretary of state to conduct the proceedings.
(b)
If the initial order of the administrative judge is appealed to the board of trustees, the executive committee established in §
8-34-322
shall hear the appeal.
Amended by 2015 Tenn. Acts, ch. 421, s 3, eff. 5/8/2015.
Acts 1988, ch. 973, § 11; 2008 , ch. 674, § 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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-321 - Replacement of pension administration system

Subject to appropriation made in the general appropriations act, the retirement system may procure goods and services for a pension administration system that may replace the system currently in existence as of April 8, 2022. The retirement system may pay from the earnings of the Tennessee retiree group trust and may charge some or all of the group trust participants, the cost for the development and implementation of the replacement system, as well as other technology improvements; provided, however, that any costs associated with the on-going maintenance of the replacement system or such improvements, or the state personnel necessary for maintaining the replacement system or such improvements, must not be funded pursuant to this section.
Added by 2022 Tenn. Acts, ch. 780, s 1, eff. 4/8/2022.
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 3 - BOARD OF TRUSTEES (§§ 8-34-301 — 8-34-323) › Section 8-34-323 - Establishment of administrative committee and investment committee of the board - Purposes - Chair - Meetings

(a)
There is established an administrative committee and an investment committee of the board whose membership shall be comprised of members of the board as appointed by the state treasurer. The primary purpose of the administrative committee shall be to assist the board in fulfilling its responsibilities with respect to political subdivisions petitioning for participation in the retirement system, the review and consideration of the actuarial and experience study results, and such other duties as may be prescribed by the chair of the board. The primary purpose of the investment committee shall be to assist the board in fulfilling its responsibilities with respect to the investments of retirement system assets. The state treasurer may also establish and appoint such other committees of the board as the chair of the board deems necessary to assist the board in the performance of its duties.
(b)
The state treasurer shall serve as chair of the investment committee, and the director of the division of retirement shall serve as chair of the administrative committee. The chair of any other committees created pursuant to this section shall be determined by the chair of the board.
(c)
Each committee shall meet at such times as deemed necessary by the chair of the respective committee in order to perform its responsibilities under this section, and shall keep a record of all its proceedings, which shall be open to public inspection. A report of any recommended action taken by a committee shall be presented to the full board at the board's next regular meeting following the recommended action taken by the committee.
Added by 2014 Tenn. Acts, ch. 659,s 6, eff. 4/10/2014.
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 4 - MEDICAL ADVISORS (§§ 8-34-401 — 8-34-404) › Section 8-34-401 - Contracting for medical advisors

The board of trustees shall contract with at least one (1) but no more than three (3) physicians who are not eligible to participate in the retirement system to serve as medical advisors. Notwithstanding this section or any other law to the contrary, the board of trustees is authorized to contract with one (1) or more companies or organizations for all or any part of the services necessary or desirable for the management and operation of the disability retirement program authorized in chapter 36, part 5 of this title, including medical advisory services. Any company or organization engaged to provide the medical advisory services shall be deemed a medical advisor for purposes of this part and for purposes of chapter 36, part 5 of this title.
Amended by 2018 Tenn. Acts, ch. 736,s 3, eff. 4/18/2018.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3927; Acts 1992, ch. 843, § 4; 2009, ch. 142, § 3.
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 4 - MEDICAL ADVISORS (§§ 8-34-401 — 8-34-404) › Section 8-34-402 - Powers and duties

The medical advisors shall arrange for and pass upon all medical examinations required under chapters 34-37 of this title, and shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement, and shall report in writing to the board of trustees their conclusions and recommendations upon all the matters referred to them.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3927; Acts 2009, ch. 142, §§ 4, 5.
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 4 - MEDICAL ADVISORS (§§ 8-34-401 — 8-34-404) › Section 8-34-403 - Compensation and expenses

Compensation for services of the medical advisors shall be determined by the board of trustees; provided, that all reimbursement for travel expense shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1972, ch. 814, § 6; 1976, ch. 806, § 1(42); T.C.A., § 8-3927; Acts 2009, ch. 142, § 6.
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 4 - MEDICAL ADVISORS (§§ 8-34-401 — 8-34-404) › Section 8-34-404 - Physicians employed for special cases

If required, other physicians may be employed to report on special cases.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3927.
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 5 - ACTUARIAL SERVICES (§§ 8-34-501 — 8-34-506) › Section 8-34-501 - Designation of actuary

The board of trustees shall designate an actuary who shall be an adviser to the board of trustees on such matters as the board shall determine.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3928.
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 5 - ACTUARIAL SERVICES (§§ 8-34-501 — 8-34-506) › Section 8-34-502 - Qualifications of actuary

As used in chapters 34-37 of this title, "actuary" means:
(1)
A member of the American Academy of Actuaries;
(2)
An individual who has demonstrated to the satisfaction of the commissioner of commerce and insurance that such person has the educational background necessary for the practice of actuarial science and has had at least seven (7) years of actuarial experience; or
(3)
A firm, partnership or corporation, of which one (1) or more members or employees meets the requirements of subdivision (1) or (2).
Acts 1972, ch. 814, § 6; T.C.A., § 8-3928.
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 5 - ACTUARIAL SERVICES (§§ 8-34-501 — 8-34-506) › Section 8-34-503 - Mortality and service tables - Sexennial actuarial investigation

(a)
Immediately after the establishment of the retirement system, the actuary shall recommend to the board of trustees, and the board shall adopt, mortality and service tables for use in all calculations in connection with the retirement system.
(b)
At least once in each six-year period, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the retirement system, and taking into account the results of such investigation, the board of trustees shall adopt for the retirement system such mortality, service, and other tables as are deemed necessary. The board of trustees shall begin using the tables on July 1 of the year following the action of the board of trustees.
Amended by 2019 Tenn. Acts, ch. 381,s 7, eff. 5/10/2019.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3928; Acts 1992, ch. 843, § 5.
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 5 - ACTUARIAL SERVICES (§§ 8-34-501 — 8-34-506) › Section 8-34-504 - Records necessary for actuarial evaluation

The board of trustees shall keep in convenient form such data as shall be necessary for actuarial valuation of the retirement system and for checking the experience of the system.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3925(h).
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 5 - ACTUARIAL SERVICES (§§ 8-34-501 — 8-34-506) › Section 8-34-505 - Rate of interest

The board of trustees shall also determine from time to time the rate or rates of regular interest for use in all calculations, except as otherwise provided, which rate shall be subject to the approval of the council on pensions.
Amended by 2021 Tenn. Acts, ch. 303, s 8, eff. 7/1/2021.
Acts 1972, ch. 814, § 6; 1978, ch. 741, § 5; T.C.A., § 8-3928; Acts 1982, ch. 771, § 2.
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 5 - ACTUARIAL SERVICES (§§ 8-34-501 — 8-34-506) › Section 8-34-506 - Biennial evaluation of assets and liabilities of funds

On the basis of regular interest and such tables as the board of trustees shall adopt, the actuary shall make a valuation, at least once in each two-year period, of the assets and liabilities of the funds of the retirement system.
Acts 1972, ch. 814, § 6; T.C.A., § 8-3928.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-601 - Credit for service in system - Establishment of previously denied credit for service beyond certain ages

(a)
Each member shall receive membership service credit for all service rendered since becoming a member of the retirement system, or since such member last became a member in the event of a break in such member's membership, on account of which contributions are made by the member or the member's employer pursuant to §
8-34-206
.
(b)
(1)
Any member who remains in service upon attaining seventy (70) years of age shall continue to participate in the retirement system and to accrue creditable service. The state's share of any additional costs of this subdivision (b)(1) shall be funded in accordance with [former] §
9-6-303
, from the increase in state-imposed taxes which are earmarked to counties and which are not designated by such counties for a particular purpose.
(2)
Any general employee of the state or any teacher who was previously denied membership in the system due to advanced age, and who is now permitted to participate, may establish the service credit that was previously denied by paying the contributions such person would have paid if such person had been a member, plus interest at the rate provided for in §
8-37-214
.
(c)
(1)
Any Group 1, Group 3 or Group 4 state judge who remains in service upon attaining seventy (70) years of age may continue to participate in the retirement system and to accrue creditable service.
(2)
Any Group 1, Group 3 or Group 4 state judge who is presently serving and who has previously been denied retirement credit for service beyond seventy (70) years of age shall be entitled to establish retirement credit for service beyond seventy (70) years of age by making a lump sum payment of contributions such judge would have made, plus interest at the rate provided in §
8-37-214
.
Acts 1972, ch. 814, § 4; T.C.A., § 8-3904; Acts 1980, ch. 654, § 5; 1981, ch. 508, § 2; 1985, ch. 449, § 4; 1986, ch. 554, §§ 1, 2; 1987, ch. 54, § 1; 1988, ch. 973, § 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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-607 - Creditable service for prior service while participating member of city, metropolitan government, county, utility district, or other political subdivision retirement system

(a)
(1)
A member of the Tennessee consolidated retirement system may purchase retirement credit for all of the member's previous service rendered while a full-time employee and participating member of a political subdivision's defined benefit retirement plan.
(2)
A member may purchase service under this section using funds from any source including, but not limited to, cash; a member's deferred compensation account or defined contribution employee account; or employee contributions to a defined benefit plan; provided, however, that the member is otherwise eligible to access the funds through withdrawal, transfer, or rollover.
(3)
This section does not require a retirement plan to disburse plan assets that are not otherwise eligible for disbursement in accordance with the terms of the plan; provided, however, that in accordance with federal law, employee contributions to a defined benefit plan are refundable upon termination of employment.
(4)
Upon the purchase of this retirement credit, the member forfeits all of the member's service in the political subdivision's plan, and must not receive a benefit from the political subdivision's retirement plan.
(b)
To purchase service under this section, a member shall make a lump sum payment equal to the actuarial cost as determined by the retirement system without creating unfunded accrued liability at the date the service is established. Service established under this section must be under the terms of the retirement system plan as they exist at the time the service is established. Upon the member making the required payment and providing any forms or other documentation required by the retirement system, the member must be credited with the years of service from the other plan.
(c)
This section does not permit the establishment of service that would have been considered prior service pursuant to §
8-35-203
or service rendered to a withdrawn employer pursuant to §
8-35-218
.
(d)
Salaries earned for service established pursuant to this section must not be used in determining a member's average final compensation.
(e)
This section applies on such date as the retirement system's operating systems are able to accommodate the payment for service as provided in this section. The state treasurer shall make such determination.
(f)
For purposes of this section, the term "political subdivision" includes, but is not limited to, a city, metropolitan government, county, utility district or agency or instrumentality of the political subdivision, in this state.
Amended by 2022 Tenn. Acts, ch. 797, s 1, eff. 4/8/2022.
Added by 2021 Tenn. Acts, ch. 382, s 1, eff. 7/1/2021.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-608 - Delegates to state constitutional convention

Any member who has served as a delegate to a state constitutional convention may claim such service in this system or any superseded system in which such person is a member; provided, that a back payment is made in accordance with §
8-37-214
. Each year of service as a delegate shall be equal to one (1) year of creditable service.
Acts 1973, ch. 347, § 6; T.C.A., § 8-3904.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-609 - [Repealed]

Acts 1973, ch. 162, § 1; 1976 (Adj. S.), ch. 816, § 8; 1977, ch. 377, § 1; 1979, ch. 320, § 10; T.C.A., § 8-3904; Acts 1980 (Adj. S.), ch. 654, § 10.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-612 - Certain six-month waiting periods

(a)
Any current member of the Tennessee consolidated retirement system who was employed by the state in a full-time position during the period of July 1, 1972, through June 30, 1973, and who was required by executive order or policy to wait six (6) months to participate in the state retirement system shall be given credit for such period of service; provided, that the member makes a lump sum payment of the contributions such member would have made had such member been a member of the retirement system.
(b)
Any current member of the retirement system who is employed in a full-time position by a political subdivision, participating in the retirement system pursuant to chapter 35, part 2 of this title, and who was required by policy to wait for a period not exceeding six (6) months prior to participating in the retirement system shall be entitled to retirement credit for such period of full-time service; provided, that:
(1)
The governing body at its option shall authorize by resolution and accept the liabilities for its employees to receive retirement credit for such service; and
(2)
The member makes a lump sum payment of the contributions such member would have made had such member been a member of the retirement system.
Acts 1979, ch. 320, § 14; T.C.A., § 8-3904; Acts 1980, ch. 672, § 1; 1999, ch. 205, § 16.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-614 - Teacher previously ineligible to earn service credit after reemployment now eligible under certain conditions

(a)
Any teacher who had retired prior to July 1, 1972, and returned to teaching service, and was ineligible to make further contributions to the Tennessee teachers' retirement system, shall now be eligible to claim such years for retirement credit; provided, that such teacher has not reached sixty-five (65) years of age; and provided further, that a lump sum deposit be made which would equal the amount that such teacher would have contributed had such teacher been a member of the system, plus interest at the rate designated in §
8-37-214
.
(b)
Such amounts so deposited shall become a part of the teacher's accumulated contributions in the same manner as if the contributions had been timely paid.
(c)
Any creditable service established under these provisions shall be added to such member's previously established creditable service, and upon subsequent retirement, the teacher's retirement allowance shall be based on such member's compensation and creditable service before and after the period of prior retirement.
Acts 1973, ch. 347, § 20; 1979, ch. 320, § 10; T.C.A., § 8-3922(b).
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-616 - Certain former members of the general assembly

(a)
Notwithstanding any other provisions to the contrary, any former member of the general assembly who elected not to be a member of the retirement system at the time of coming into the general assembly, or who became a member of the general assembly prior to the establishment of the superseded Tennessee state retirement system or this system may, upon proper documentation as requested by the board of trustees, claim this service as a member of the general assembly or any other service rendered as an employee of the state that has not been previously claimed or withdrawn by paying in a lump sum an amount equal to the amount such former member would have contributed had such former member been a member during the period or periods for which service is claimed, plus interest at the rate designated in §
8-37-214
.
(b)
Any retired member of any superseded retirement system or this system is hereby prohibited from claiming any additional service under this section for retirement credits.
Acts 1973, ch. 347, § 12; 1979, ch. 320, § 10; T.C.A., § 8-3906.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-617 - Reenrolled former CETA employees where prior contributions have been returned

In cases where the employer contributions have been refunded, former CETA employees who reenroll as members of the retirement system shall not be entitled to reestablish the period of withdrawn CETA service as creditable service in the retirement system.
Acts 1978, ch. 741, § 1; T.C.A., § 8-3930(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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-618 - Public defender service as creditable service

(a)
Any member of the retirement system or of a superseded system shall be entitled to establish retirement credit for previous service rendered as a public defender upon the making of a lump sum payment of the contributions such member would have made had such member been a member of the state retirement system, plus interest at the rate provided for in §
8-37-214
:
(1)
Service established in accordance with this provision shall be credited in Group 1 only of the retirement system;
(2)
Notwithstanding §§
40-14-201
and
40-14-202
, a public defender, for the purpose of establishing retirement credit in accordance with this provision, means any attorney appointed or elected under local governmental provisions and who is employed by a local government on a full-time basis to represent persons accused of crimes who are unable to pay for such representation.
(b)
Retirement credit for public defender service as provided for herein shall not be granted unless authorized under the following terms and conditions:
(1)
In the case of a member whose public defender's service was rendered to a local government unit which is not a participating employer, the governing body may at its discretion authorize by resolution and accept the liability of the employer cost to establish this service; or
(2)
In the case of a member whose service was rendered to a local government unit participating pursuant to chapter 35, part 2 of this title, the governing body may at its discretion authorize by resolution and accept the liability for all current and former employees to receive retirement credit for public defender service.
(c)
The retirement system shall not be liable for the payment of retirement allowances or other payments on account of this section for which reserves have not been previously created from funds contributed by the respective local government or the affected members. All costs associated with this section shall be the responsibility of the respective local government for which the public defender service was rendered. Should any required employer costs become delinquent, the commissioner of finance and administration, at the direction of the board of trustees of the retirement system, is authorized to withhold the amount or part of the amount from any state-shared taxes that are otherwise apportioned to the local government.
Acts 1980, ch. 654, § 9; 2007 , ch. 184, §§ 6, 7.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-620 - Out-of-state service

(a)
For the purpose of determining eligibility for service retirement benefits, any teacher or state employee may establish retirement credit for previous service rendered as a public school teacher or full-time state employee in a state other than Tennessee or as a teacher in an overseas facility owned or operated by the United States department of defense under the following conditions:
(1)
The previous service shall not be used in determining any rights under this chapter prior to the member being vested;
(2)
The member is not receiving, and is not and will not be entitled to receive, retirement credit in any other retirement system for such previous service;
(3)
The previous service does not exceed the number of years of creditable service in Tennessee;
(4)
The previous service must be certified on proper documents as required by the board of trustees;
(5)
The service shall only be credited for the purpose of establishing eligibility for retirement. No benefit shall be paid on such service; and
(6)
The member shall make a lump sum payment equal to:
(A)
If the previous service was rendered on or before June 30, 2000,
(i)
The sum the member would have contributed had the member been a member during such period of out-of-state service;
(ii)
Plus the employer contributions which would have been made in accordance with the contribution rates in effect during the period in which the service was rendered;
(iii)
Plus interest on both at the rate provided by §
8-37-214
.
(B)
If the previous service was rendered after June 30, 2000,
(i)
A sum equal to ten percent (10%) of the member's earnable compensation during such period of out-of-state service;
(ii)
Plus interest at the rate provided by §
8-37-214
.
(b)
Notwithstanding subdivision (a)(2), if a member was in a defined contribution plan maintained on behalf of the member by an out-of-state public employer, the member shall be permitted to use other funds not in that plan to establish credit pursuant to this section.
Acts 1984, ch. 689, § 1; 1985, ch. 82, § 1; 1991, ch. 53, §§ 1-3; 2000, ch. 590, § 1; 2005, ch. 204, § 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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-621 - Part-time, seasonal, retired or temporary employee service credit

(a)
Any member or retired member may establish retirement credit for service rendered as a part-time employee upon making application therefor to the board of trustees. If such service is claimed within one (1) year of the member's date of membership or July 1, 1984, whichever is later, the member may establish retirement credit for service rendered as a part-time employee which has not been previously refunded, upon a payment of back contributions.
(b)
Any state employee who is a member of the retirement system may establish retirement credit for service rendered as a seasonal or temporary employee upon making application therefor to the board of trustees. If such service is claimed within one (1) year of the member's date of membership or July 1, 1985, whichever is later, the member may establish retirement credit for such service which has not been previously refunded upon a payment of back contributions.
(c)
If service is not established within the time specified in subsection (a) or (b) or if a member or retired member has been refunded for such service, then it may be established upon a payment of back contributions plus interest.
(d)
A member or retired member establishing retirement credit under this section must establish credit for all service which is creditable under this system.
Acts 1984, ch. 797, § 4; 1985, ch. 449, § 8; 1995, ch. 300, §§ 1, 2, 3.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-622 - Scope of Group 4 creditable service

Any member in Group 4 may establish creditable service only for service rendered and contributions made as a state judge, an attorney general and reporter who meets the requirements of §
8-34-623(b)
, constitutional convention member, as provided by §
8-34-608
, and for military service, as provided by §
8-34-605
.
Acts 1986, ch. 554, § 3; 2005, ch. 498, § 3.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-623 - Transfer of service from Group 1 or 3 to Group 4

(a)
Notwithstanding any law to the contrary, any Group 1 or 3 state judge defined herein shall be eligible to elect to transfer any service previously established as a state judge, member of a constitutional convention as provided by §
8-34-608
, and military service as provided by §
8-34-605
, from Group 1 or 3 to Group 4 of the retirement system. It is further provided that such transfer of service shall occur upon the election by the member and the lump sum payment, if applicable, of the difference between what the member would have contributed as a member of Group 4 and the amount of employee contributions to the member's credit on the effective date of transfer. If such election and transfer of service and applicable payment occurs within one hundred eighty (180) days of September 1, 1990, it shall be without interest. An election, transfer of service and payment occurring after one hundred eighty (180) days of September 1, 1990, shall include interest pursuant to §
8-37-214
.
(b)
Notwithstanding any law to the contrary, any Group 1 attorney general and reporter, who served as a Group 4 state judge immediately prior to being appointed as the attorney general and reporter, shall be eligible to elect to transfer any service previously established as the attorney general and reporter, member of a constitutional convention, as provided by §
8-34-608
, and military service, as provided by §
8-34-605
, from Group 1 to Group 4 of the retirement system. Such transfer of service shall occur upon the election by the member and the lump sum payment, if applicable, of the difference between what the member would have contributed as a member of Group 4, and the amount of employee contributions to the member's credit on the effective date of transfer, plus interest at the rate provided in §
8-37-214
.
Acts 1986, ch. 554, § 4; 2005, ch. 498, § 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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-624 - Service in county law enforcement administration career criminal grant position

Any attorney general who was transferred from the state payroll to a full-time county law enforcement administration career criminal grant position and subsequently transferred directly back to the state payroll, may establish retirement credit for the period of service in the grant position; provided, that the member has remained in service as an attorney general with no break in continuous service longer than one (1) year. Such attorney general may establish retirement credit for such service rendered, upon a payment of the necessary back contributions and interest based on the salary such attorney general would have received had such attorney general remained on the state payroll as a full-time assistant district attorney general.
Acts 1988, ch. 719, § 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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-625 - Period of disability as creditable service

(a)
Subject to the approval of the board of trustees, any member, other than an employee of a political subdivision, who receives temporary disability benefits under a workers' compensation program administered by or on behalf of an employer as defined in §
8-34-101
shall be entitled to establish retirement credit at any time during or after the period of disability.
(b)
The member's employing department or agency shall provide certification, in a manner prescribed by the state treasurer, of the period of disability and salary in effect immediately prior to the disability. Contributions by, or on behalf of, the member on the basis of the member's salary in effect immediately prior to the period of disability, plus interest at the rate provided in §
8-37-214
, if applicable, shall be remitted to the retirement system in a manner prescribed by the state treasurer.
(c)
No member shall be credited with the temporary disability as creditable service at a rate exceeding one (1) year per occurrence of temporary disability.
(d)
Participating political subdivisions may adopt this section; provided, that the chief governing body of the political subdivision passes a resolution authorizing this subsection (d) for the employees and accepting the liability therefor.
Amended by 2015 Tenn. Acts, ch. 421, s 5, eff. 5/8/2015.
Acts 1989, ch. 505, § 7; 2003 , ch. 12, § 2; 2006, ch. 870, § 11.
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 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-626 - Credit for national guard service

Any vested Group I general employee of the state who was a full-time civilian employee of the Tennessee national guard prior to January 1, 1969, and who has never been allowed credit for such service in any other retirement system, may establish such service upon proper documentation and by paying the contributions such employee would have paid had such employee been a member of the system during the period claimed.
Acts 1990, ch. 803, § 1.