reglab/statecodes huggingface dataset:
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 5 - DISABILITY RETIREMENT (§§ 8-36-501 — 8-36-510) › Section 8-36-507 - Effect of engaging in or the ability to engage in gainful activity

(a)
Should the medical advisors report and certify to the board of trustees that such disability beneficiary is able to engage in substantial gainful activity, and should the board of trustees concur in such report, then the amount of the beneficiary's monthly benefit shall be reduced or suspended at the discretion of the board of trustees.
(b)
If the board of trustees determines that the disability beneficiary is in fact engaged in substantial gainful activity, then the beneficiary's monthly benefits shall be suspended.
(c)
Should the beneficiary's earning capacity be later changed, the monthly benefit may be restored; provided, that the evidence substantiates the beneficiary's inability to engage in gainful activity.
(d)
Any disability retiree who has not yet attained service retirement age may be required to report, on an annual basis, all income other than retirement benefits from this system, and should the board of trustees determine from this information that the disability beneficiary is able to engage in a gainful occupation, then the amount of the benefit may be reduced accordingly, at the discretion of the board.
Acts 1972, ch. 814, § 5; 1978, ch. 741, §§ 16-18; 1979, ch. 321, § 4; T.C.A., §§ 8-3914(c), 8-36-506; Acts 1997, ch. 219, § 7; 2009, ch. 142, § 7.
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 5 - DISABILITY RETIREMENT (§§ 8-36-501 — 8-36-510) › Section 8-36-508 - Vocational rehabilitation

(a)
Any disability beneficiary, upon recommendation of the medical advisors, may be referred to the division of vocational rehabilitation, or other rehabilitation agencies, to determine whether the beneficiary is physically and/or mentally capable of retraining for some type of gainful employment.
(b)
The recommendation of such agencies shall be considered by the medical advisors and board of trustees to determine the eligibility of a member to continue monthly disability benefits.
(c)
Should any disability beneficiary refuse the services of such agency, such refusal shall be treated in the same manner as a refusal to be reevaluated and may result in the suspension of monthly benefits.
Acts 1978, ch. 741, § 19; T.C.A., §§ 8-3914(d), 8-36-507; Acts 1997, ch. 219, § 7; 2009, ch. 142, § 7.
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 5 - DISABILITY RETIREMENT (§§ 8-36-501 — 8-36-510) › Section 8-36-509 - Recomputation of allowances for disabled teachers retired prior to July 1, 1972

(a)
Any teacher, prior to July 1, 1972, who became disabled and who was retired on a service retirement allowance rather than under a disability because the teacher had met the conditions of service retirement, may have the benefit recomputed under the applicable disability provisions in effect on June 30, 1972; provided, that proper documentation as required by the board of trustees is furnished by the retiree and approved by the board.
(b)
(1)
The increase in benefits, if any, shall commence with the month following the approval of the application by the board of trustees.
(2)
Any increase in benefits provided by this section shall be in addition to any increases previously or hereafter provided by any cost-of-living provisions, §
8-36-701
or §§
8-36-708
- 8-36-712, or any other increases in benefits effective prior to August 1, 1974.
(3)
Any retiree who applied for increased benefits under this section prior to July 1, 1974, shall receive a retroactive recomputation as herein provided, and a lump sum payment effective from the date the application was approved by the board of trustees.
Acts 1973, ch. 347, § 16; 1974, ch. 684, § 1; T.C.A., §§ 8-3912(c), 8-36-508; Acts 1997 , ch. 219, § 7.
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 5 - DISABILITY RETIREMENT (§§ 8-36-501 — 8-36-510) › Section 8-36-510 - Confidentiality of records

(a)
Any medical records submitted to, or compiled by, the retirement system pursuant to this part are confidential and shall not be disclosed except as follows:
(1)
To the extent that the member or the member's legal representative consents to disclosure;
(2)
To employees of the retirement system for the purpose of determining a member's qualification for disability retirement;
(3)
To the medical advisors;
(4)
In compliance with a subpoena or a court order;
(5)
To other state or federal agencies; provided, that such agencies maintain the same level of confidentiality as that required hereunder;
(6)
To the comptroller of the treasury or the comptroller's designees for the purpose of an audit of the retirement system; or
(7)
In any administrative proceeding or court action between the member or the member's legal representative and the retirement system.
(b)
Nothing contained in this section applies to statistical medical information if such information is not identified with a particular member. Further, nothing contained in this section applies to records concerning the identity of members receiving or applying for disability retirement benefits, to the amount of benefits to which a particular member is or may be entitled to receive, nor to any other nonmedical related information unless such information is made confidential by other statute of this state.
Acts 1993, ch. 67, § 3; T.C.A., §
8-36-509
; Acts 1997, ch. 219, § 7; 2009, ch. 142, § 7.
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 8-36-602 - Effective date of election

The election of an option shall become effective on the member's effective date of retirement in accordance with §
8-36-203
or §
8-36-303
; provided, that written application is filed with the board of trustees and the member is eligible for service or early service retirement.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(b); Acts 1981, ch. 387, § 11.
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 8-36-603 - Election of option by retired member not formerly electing

Any other provisions to the contrary notwithstanding, any retired member of any superseded system as defined in §
8-34-101
, or this system, who upon retirement did not elect an option, but who now desires to do so may in the manner prescribed by the board of trustees have benefits recomputed by an actuarial reevaluation in favor of such beneficiary.
Amended by 2016 Tenn. Acts, ch. 962, s 34, eff. 4/27/2016.
Acts 1973, ch. 196, § 1; T.C.A., § 8-3917(c).
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 8-36-605 - When election of option may be changed or revoked

The election of an option may not be changed or revoked by the member after such member's retirement date, except in accordance with rules and regulations adopted by the board of trustees.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(b); Acts 1984, ch. 601, § 6.
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 8-36-606 - Cancellation of election of designated beneficiary after retirement date - Designation of new beneficiary

(a)
The election of a designated beneficiary under an optional retirement plan must not be cancelled by the member after the member's retirement date, except as provided in this section.
(b)
After a member's retirement date, a retired member may cancel the member's designated beneficiary for any reason, including, but not limited to, the death of the beneficiary or the member's divorce from the designated beneficiary, upon the written request of the member; however, a retired member cannot cancel the member's beneficiary under this subsection (b) after retirement if the retiree has previously cancelled a beneficiary designation under this subsection (b).
(c)
If a retired member cancels the member's designated beneficiary who is the member's spouse or former spouse, the retired member must include proper documentation with the written cancellation request, which, for a divorce, must include, but is not limited to, the final decree and marital dissolution agreement of the parties. The cancellation must not be in conflict with the decree or marital dissolution agreement.
(d)
If a retired member cancels the member's designated beneficiary, the member may designate a new beneficiary, but upon the death of the retired member, the newly designated beneficiary is only entitled to the remaining accumulated contributions in the member's account or the member's retirement allowance in the month of death.
(e)
The retirement allowance payable to the retired member after the cancellation of the designated beneficiary pursuant to this section is not affected by the cancellation of beneficiary designation.
Amended by 2022 Tenn. Acts, ch. 831, s 1, eff. 4/19/2022.
Acts 1977, ch. 400, § 5; T.C.A., § 8-3917(d); Acts 1986, ch. 811, § 1; 1988, ch. 872, § 1.
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 8-36-607 - Death prior to retirement

For death benefit purposes, a member who dies prior to retirement shall be considered as having been retired on the date death occurs or on the date such member's annual leave is exhausted, whichever is later.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(b); Acts 1983, ch. 342, § 7; 2001, ch. 58, § 10.
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 8-36-608 - Effect of prior election of option under superseded system

If a member of a superseded system has made an effective election of an option under such superseded system, the election shall be effective under this retirement system as of the date of establishment; provided, that the member is then eligible for service retirement or early service retirement.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3917(b).
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 8-36-610 - Surviving minor children as contingent beneficiaries

(a)
If a retired member of the Tennessee consolidated retirement system, including a retired prior class member, has, under the options of provisions of the preceding systems in this part, designated the spouse of the retired member as such retired member's beneficiary on the death of the retired member, then if the surviving spouse should die after the death of the retired member, and there is surviving a minor child or children of the retired member, the same annuity paid to the surviving spouse shall be divided equally among the minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children.
(b)
If the retired member's spouse is designated as the sole beneficiary on the date of the member's death, and if that spouse predeceased the retired member or died in a common accident or occurrence with the member, then the same annuity to which the spouse of the retired member would have been entitled had such spouse survived the retired member shall be divided equally among the retired member's minor children. Each child shall receive the child's share until the first day of the month following the month in which the child dies or reaches age twenty-two (22), whichever occurs first, at which time the annuity shall be redistributed equally among the remaining children.
Amended by 2014 Tenn. Acts, ch. 659,s 23, eff. 4/10/2014.
Acts 1973, ch. 347, § 18; T.C.A., § 8-3917(b).
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-702 - Recomputation of benefits under certain superseded systems when consolidated system formula changes

(a)
Notwithstanding any other provisions to the contrary, in any year in which there is a change in the formula for retirement allowances, any beneficiary of the Tennessee teachers' retirement system, the Tennessee state retirement system, or of Group 1 of the Tennessee consolidated retirement system shall, on July 1 of such year, have such beneficiary's benefits recomputed according to the then existing provisions of the Tennessee consolidated retirement system. The recomputed benefit shall be compared to the benefit at the time of retirement or as of the date of the most recent recomputation, whichever date is later, and if the recomputed benefit is larger, the difference shall be added to the then current benefit. The increase provided by this section shall be in addition to any increases permitted under §
8-36-701
.
(b)
(1)
For the purposes of recomputing benefits as provided in subsection (a), a change in the formula shall be defined as follows:
(A)
The conditions of eligibility for retirement as provided in §
8-36-201
;
(B)
The service retirement allowance formula as provided in §§
8-36-206
- 8-36-208, and the service retirement allowance for Class B members as provided in the superseded Tennessee teachers' retirement system or the superseded Tennessee state employees' retirement system;
(C)
The minimum service retirement allowance as provided in §
8-36-209
;
(D)
The early service retirement allowance as provided in part 3 of this chapter;
(E)
The disability retirement allowance as provided in part 5 of this chapter; and
(F)
The definition of "average final compensation" as defined in §
8-34-101
.
(2)
Notwithstanding the formula changes listed in subdivision (b)(1)(A)-(F), a change in the formula shall not include for recomputation purposes any increase in state retirement benefits for active employees to offset a reduction in the benefits paid by social security which is necessary to maintain the approximate level of benefits for active employees.
(c)
The benefit of a state judge who retires prior to September 1, 1990, as a Group 3 member shall be recalculated under Acts 1986, ch. 554.
(d)
The governing body of a political subdivision may, at its option, by resolution authorize and accept the liability for its active and retired employees to receive any increases due to a change in the benefit formula. It is the intent of this enactment that should the governing body elect to authorize its employees to receive increases, resulting from a change in formula, such authorization and acceptance of liability therefor shall include both active and retired employees.
Acts 1974, ch. 796, § 1; T.C.A., § 8-3943; Acts 1980, ch. 490, § 1; 1982, ch. 913, § 1; 1986, ch. 554, § 18.
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-703 - Recomputation of benefits of beneficiaries of state and teachers' superseded systems who were retired under ten-year arithmetic average

Whenever a beneficiary of the Tennessee teachers' retirement system and the Tennessee state retirement system shall have been retired under a ten-year arithmetic average, the beneficiary shall have such beneficiary's benefits recomputed under a five-year arithmetic average. The recomputation shall be under the benefit provisions of the applicable superseded system.
Acts 1972, ch. 814, § 13; T.C.A., § 8-3943.
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-704 - Recomputation of benefits of beneficiaries under existing provisions

Any retired member of the Tennessee teachers' retirement system, Tennessee state retirement system, Group 1 of the Tennessee consolidated retirement system and of any local retirement system who retired prior to July 1, 1972, or thereafter, shall have such member's benefits recomputed under the existing provisions of the Tennessee consolidated retirement system. Any increase resulting from such recomputation shall be in addition to those provided by §
8-36-701
.
Acts 1974, ch. 796, § 1; T.C.A., § 8-3943.
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-705 - Recomputation of benefits of certain beneficiaries who have elected an optional form of benefit

(a)
In the case of a retired member of the superseded Tennessee teachers' retirement system, the superseded Tennessee state retirement system, or the Tennessee consolidated retirement system who elected an optional form of benefit, the recomputation of the member's retirement allowance determined under §§
8-36-702
- 8-36-705, 8-36-706 [obsolete] shall be adjusted on the basis of the appropriate option in effect on June 30, 1972, or thereafter, but the actuarial equivalent factors in effect on July 1, 1972, or thereafter, shall be used to determine the increase in retirement allowance.
(1)
In the case of a retired teacher who elected Option I under the superseded Tennessee teachers' retirement system, the teacher's benefits shall be recomputed under the maximum plan as provided under the retirement system.
(2)
In the case of a beneficiary of a deceased member of a superseded system, or the retirement system, in receipt of a monthly retirement allowance as the person designated under an election of an optional form of benefit, the increase in the retirement allowance to such beneficiary shall be determined as if the member had been living on the date of recomputation.
(b)
The maximum plan, Option II and Option III of the superseded Tennessee teachers' retirement system shall equate to the maximum plan, Option I and Option II of the retirement system respectively and the maximum plan, Option I and Option II of the superseded Tennessee state retirement system shall equate to the maximum plan, Option I and Option II of the retirement system respectively.
(c)
(1)
A retired member of the superseded Tennessee teachers' retirement system who designated a beneficiary under Option II or Option III of that system and a retired member of the superseded Tennessee state retirement system who designated a beneficiary under Option I or Option II of that system, may elect to have that member's retirement allowance recomputed ab initio under the equivalent Option III or Option IV of the Tennessee consolidated retirement system by making written application and payment of any amount due to the Tennessee consolidated retirement system on or before April 30, 1976.
(2)
Any increase in monthly retirement allowance shall not be paid retroactively, but shall become effective the next following month.
Acts 1974, ch. 796, § 1; 1976, ch. 661, § 1; T.C.A., § 8-3943.
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-707 - Additional allowances for teachers and general employees retired prior to July 1, 1976

(a)
(1)
Beginning July 1, 1978, each retired teacher and retired general employee who retired prior to July 1, 1976, shall receive a monthly retirement allowance equal to a percentage of the total retirement allowance received in January 1978, from the state by such teacher or employee as follows:
(A)
Persons receiving less than five thousand dollars ($5,000) per annum in total retirement benefits shall receive a monthly allowance equal to five percent (5%) of their January monthly retirement benefits;
(B)
Persons receiving at least five thousand dollars ($5,000) per annum, but not more than eight thousand five hundred dollars ($8,500) per annum, in total retirement benefits shall receive a monthly allowance equal to three percent (3%) of their January monthly retirement benefits; and
(C)
Persons receiving more than eight thousand five hundred dollars ($8,500) per annum in total retirement benefits shall receive a monthly allowance equal to two percent (2%) of their January monthly retirement benefits.
(2)
Such amounts shall be in addition to the retirement allowance from the state, including the amounts authorized by §
8-36-701
.
(b)
As used in this section:
(1)
"Retired general employee" and "retired teacher" mean any retired teacher and any retired general employee, as defined in §
8-34-101
, and any former teacher or state employee receiving benefits under chapter 39, part 1 of this title, who retired on or before June 30, 1976; provided, that for retired general employees of political subdivisions, this allowance may only be granted if the chief governing body of the political subdivision authorizes this credit and accepts the liability therefor and informs the retirement system before June 15, 1978, of its authorization of this credit; and
(2)
"Total retirement benefits" includes benefits from both the Tennessee consolidated retirement system and from social security. The increase in benefits authorized by this section shall be based on the monthly payments made by the Tennessee consolidated retirement system.
(c)
The recomputed retirement benefit paid to a retired teacher or a retired state general employee under this section as a result of passage of §
8-36-209(a)(1)
shall be calculated without regard to §
8-36-102
.
Acts 1978, ch. 904, § 1; T.C.A., § 8-3906(2); Acts 1981, ch. 160, § 1; 1984, ch. 745, § 4; 1985, ch. 449, § 21.
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-708 - Increase in allowance to beneficiaries retired under superseded state or teachers' systems - Exceptions

(a)
The retirement allowance of any beneficiary under the Tennessee teachers' retirement system or the Tennessee state retirement system shall be increased as of July 1, 1972, as follows:
(1)
The retirement allowance which would otherwise be payable, without regard to the election of any optional modification, shall be increased by ten percent (10%) of the amount of retirement allowance which would otherwise be payable before application of any flat minimum benefit formula or any post retirement increase and without regard to the election of any optional modification, but the total retirement allowance shall not exceed seventy-five percent (75%) of the beneficiary's average final compensation.
(2)
The retirement allowance recomputed under subdivision (a)(1) shall not be less than sixty-four dollars and eight cents ($64.08) for a retired former Class A member, multiplied by the number of years of the member's creditable service, nor less than seventy-two dollars ($72.00) for a retired former Class B member, multiplied by the number of years of the member's creditable service.
(3)
In no event shall the increase in the retirement allowance of any beneficiary under this section be less than twelve dollars ($12.00) multiplied by the number of years of creditable service.
(b)
Notwithstanding the foregoing, any member of the Tennessee state retirement system who retired as a Class C member of that system or under the special benefit provisions of that system applicable to firefighters and police officers or wildlife officers shall not be entitled to an increase in the member's retirement allowance under this section.
Acts 1972, ch. 814, § 11; 1974, ch. 630, § 2; T.C.A., § 8-3935(3).
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-709 - Increase in retirement allowances to other beneficiaries of superseded systems

The retirement allowance of any beneficiary of a superseded system not entitled to an increase in retirement allowance under §
8-36-708
shall be increased as of July 1, 1972, as follows. The retirement allowance which would otherwise be payable without regard to the election of any optional modification shall be increased by the excess, if any, of an amount computed on the basis of §
8-36-708(a)(2)
over such retirement allowance.
Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(3).
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-710 - Increase in retirement allowances to beneficiaries of superseded system who elected an optional benefit

(a)
In the case of a retired member of a superseded system who elected an optional form of benefit, the increase in the member's retirement allowance determined under §
8-36-708
or §
8-36-709
shall be adjusted on the basis of the appropriate actuarial equivalent factor applicable at the time of retirement, and payment of the additional allowance shall be subject to the terms of the option elected.
(b)
In the case of beneficiary of a deceased member of a superseded system in receipt of a retirement allowance as the person designated under an election of an optional form of benefit, the increase in the retirement allowance to such beneficiary shall be determined as if the member had been living on July 1, 1972.
Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(3).
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-711 - Effect of other provisions for increase of allowances for beneficiaries of superseded systems

Notwithstanding any other provision of §§
8-36-708
- 8-36-712, no increase in the retirement allowance of any beneficiary of a superseded system shall be granted on or after July 1, 1972, except as provided in §
8-36-701
or §§
8-36-708
- 8-36-712.
Acts 1972, ch. 814, § 11; 1975, ch. 315, § 5; T.C.A., § 8-3935(3).
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-712 - Source of payment of increases to teachers retired from a local retirement system

Notwithstanding any other provision of chapters 34-37 of this title to the contrary, teachers who have retired from a local retirement fund shall be paid directly by the Tennessee consolidated retirement system any increases resulting from §§
8-36-708
- 8-36-712.
Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(3).
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 7 - INCREASED OR DECREASED ALLOWANCES (§§ 8-36-701 — 8-36-715) › Section 8-36-713 - Additional benefit increase

(a)
(1)
In addition to any other increase in retirement benefits provided by this part, effective July 1, 1985, retired teachers and general employees shall be entitled to an increase in their monthly retirement benefit in accordance with the following schedule:
Date of Retirement
Increase
Per Year of Service
on or before 6/30/73
$ .61
7/1/73 - 6/30/75
.37
7/1/75 - 6/30/78
.25
7/1/78 - 6/30/80
.15
(2)
Effective July 1, 1987, and in addition to any other increase in retirement benefits provided by this part, retired teachers, wildlife officers, state police officers, firefighters, police officers and general employees shall be entitled to an increase in their monthly retirement benefits in accordance with the following schedule, which shall be in lieu of the increase in benefits provided in subdivision (a)(1).
Date of Retirement
Increase
Per Year of Service
on or before 6/30/73
$1.18
7/1/73 - 6/30/75
.94
7/1/75 - 6/30/78
.48
7/1/78 - 6/30/80
.28
(b)
The increase effective July 1, 1987, shall continue to be paid thereafter. It is the legislative intent that this section shall not be interpreted to authorize additional increases beyond those taking effect July 1, 1987.
(c)
As used in this section, "retired teacher" and "retired general employee" mean any retired teacher and any retired general employee, as defined in §
8-34-101
, and any former teacher or state employee receiving benefits under chapter 39, part 1 of this title.
(d)
The benefit paid under this section shall be calculated without regard to §
8-36-102
.
(e)
This section shall be optional for political subdivisions participating in the retirement system in accordance with §
8-35-217
. Political subdivisions exercising the option permitted herein must do so before June 30, in order for it to be effective the following July 1.
(f)
Implementation of this section shall be subject to funding being provided in the general appropriations act.
Acts 1985, ch. 466, §§ 1-3; 1987, ch. 415, §§ 1-4.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-801 - Suspension of benefits while reemployed - Further contributions optional

(a)
Except as provided in this part, any retired member of the Tennessee consolidated retirement system, or of any superseded system, or of any local retirement fund established pursuant to chapter 35, part 3 of this title who accepts employment in a position covered by the Tennessee consolidated retirement system shall, as a condition of such employment, cease to draw the member's retirement allowance during the period of the employment; however, the member shall keep the member's retirement benefit in the month that the member returns to work.
(b)
A retiree restored to employment shall not be required to reenroll as an active member of the retirement system, to make further contributions to the retirement system or to void the retirement payment plan elected by the member. Employees covered by the noncontributory provisions of the system in accordance with §
8-34-206
shall reenroll and accrue service. Any retiree restored to employment who reenrolls as an active member of the retirement system shall be treated as voiding any optional benefit previously elected under §
8-36-601
for purposes of in-service death benefits. Subject to §
8-36-802(c)
, any such optional benefit previously elected shall be restored upon subsequent retirement.
(c)
Notwithstanding subsection (b), any retiree who is hired or rehired in a position covered by the retirement system on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the retiree's position, and establish credit for the additional service. This subsection (c) shall not apply to retirees who return to service in a position covered by the retirement system as provided in §
8-36-805
, §
8-36-810
, §
8-36-818
, or §
8-36-821
. This subsection (c) shall also not apply to retired members who are employees of a political subdivision that subsequently elects to cover its employees under the retirement system, unless the employee was a member or former member of a preexisting defined benefit plan maintained by that political subdivision.
Amended by 2018 Tenn. Acts, ch. 736, Secs.s 21, s 22 eff. 4/18/2018.
Amended by 2013 Tenn. Acts, ch. 296, s 21, Sec.s 22 eff. 4/29/2013.
Acts 1976, ch. 816, § 6; T.C.A., § 8-3922(a); Acts 1981, ch. 508, § 10; 1983, ch. 342, § 13; 2004, ch. 631, § 10; 2005, ch. 203, § 1.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-803 - Election not to reenroll in retirement system

Should the reemployed retiree elect not to participate as provided in §
8-36-801
, the retiree shall make no further contributions nor establish any additional service, but, upon final retirement, shall be entitled to the same benefits to which the retiree was entitled before restoration to service.
Amended by 2018 Tenn. Acts, ch. 736, s 24, eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 962, s 35, eff. 4/27/2016.
Acts 1976, ch. 816, § 6; T.C.A., § 8-3922(a).
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-804 - Retirement credit not earned during benefit period

No member shall be entitled to establish retirement credit for any period during which the member received a retirement allowance; however, should a member return to a position covered by the retirement system, the member shall be able to obtain retirement credit for the month in which the member returns to work even though the member shall keep the member's retirement benefit in the month that the member returns to work as provided in §
8-36-801(a)
.
Amended by 2013 Tenn. Acts, ch. 296, s 23, eff. 4/29/2013.
Acts 1976, ch. 816, § 6; T.C.A., § 8-3922(a).
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-806 - Assignment to duty of retired state judges - Compensation - Creditable service

(a)
The chief justice of the supreme court is empowered to assign any retired state judge to:
(1)
Hold any court in the state whenever in the chief justice's judgment it is necessary to do so in order to relieve congested dockets; or
(2)
Sit for judges who may be incapacitated or who may be absent because of illness or otherwise.
(b)
A retired state judge holding court hereunder shall be paid, in addition to the retirement allowance for the period during which the retired state judge sits as judge, the difference between the retired state judge's retirement allowance for the period and the amount the retired state judge would receive for that period if the retired state judge were an active judge of the same court.
(c)
The chief justice shall certify to the judicial cost accountant the date on which such service commences and the date on which such service terminates.
(d)
(1)
Any retired judge assigned to duty under this section who has not attained the maximum creditable service shall be entitled to receive credit for services performed in such duty; provided, that:
(A)
Such judge elects to receive such credit by notice to the board; and
(B)
Such judge authorizes the deduction of the applicable contributions as set forth under chapter 37, part 2 of this title.
(2)
Such service shall be added to the creditable service of such judge and, on July 1 of each year, such judge's benefits shall be adjusted according to the superseded system or of the retirement system hereby created as may be appropriate.
(3)
Notwithstanding this subsection (d) to the contrary, any retired judge assigned to duty under this section on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the retiree's position, and establish credit for the additional service.
Amended by 2018 Tenn. Acts, ch. 736,s 25, eff. 4/18/2018.
Acts 1972, ch. 814, § 12; T.C.A., §§ 8-3940(a), 8-3940(c), 8-36-813; Acts 1986, ch. 553, § 20; 2012, ch. 611, § 3.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-807 - Assignment of certain retired attorneys general to sit as state judges - Jurisdiction - Compensation - Certification of dates of service

(a)
The chief justice of the supreme court shall likewise be empowered to assign and designate any retired attorney general to sit as judge and hold any court in the same manner, for the same purpose and such person shall have the same authority, duty and jurisdiction as any retired state judge is authorized to perform or exercise under §
8-36-806
.
(b)
A retired attorney general assigned and designated to sit and perform the duties and functions of a judge shall have served at least twenty-four (24) years as an attorney general prior to retirement, and jurisdiction shall be limited and restricted to habeas corpus cases and such cases as may arise under the Post Conviction Procedure Act, compiled in title 40, chapter 30, part 1.
(c)
Such person's compensation hereunder shall include such person's retirement allowance, plus the difference between such person's retirement allowance and the amount that person would receive if that person were an active or regular judge of the same court.
(d)
The chief justice shall certify to the administrative director of the courts the date on which such service commences, and the date on which such service terminates.
Acts 1972, ch. 814, § 12; T.C.A., §§ 8-3940(b), 8-36-814; Acts 1993, ch. 66, § 9.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-808 - Members of general assembly

(a)
Notwithstanding any law to the contrary, any retired member of the Tennessee consolidated retirement system or of any superseded system administered by the state of Tennessee who becomes a member of the general assembly after November 1, 1982, may continue service in the general assembly without loss or suspension of retirement benefits; provided, that:
(1)
The retirement benefits are based on service and salary rendered in a capacity other than that as a general assembly member; and
(2)
For any such retiree who is elected to the general assembly on or after July 1, 2018, the retiree shall reenroll as an active member of the retirement system, make such contributions as are required for the retiree's position, and establish credit for the general assembly service.
(b)
Any retirement benefits accrued as a result of general assembly service will only be paid upon termination of services in the general assembly.
(c)
Any general assembly member previously denied retirement credit:
(1)
Under this section prior to its amendment by Acts 1985, ch. 449, §§ 22 and 23; or
(2)
Under any other law governing the retirement system because such member was receiving a retirement benefit;
shall be entitled to claim retirement credit for general assembly service upon making application therefor to the retirement system and making any contributions such member would have made had such member been a member during such period plus interest as provided by §
8-37-214
. Any adjustment in retirement benefits shall be effective at the beginning of the following month.
Amended by 2018 Tenn. Acts, ch. 736, s 26, eff. 4/18/2018.
Acts 1982, ch. 572, § 1; T.C.A., § 8-36-815; Acts 1985, ch. 449, §§ 22, 23; 1991, ch. 378, § 16; 1993, ch. 67, § 27; 1995, ch. 41, § 1; 1997 , ch. 21, § 1; 2006, ch. 870, § 24.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-810 - Reemployment without loss or suspension of retirement benefits

Any retired member of the Tennessee consolidated retirement system or of any superseded system administered by the state of Tennessee may accept employment in a position covered under §
8-35-113(c)
without loss or suspension of retirement benefits; provided, that:
(1)
The retirement benefits are based on service and salary rendered in a position other than a position covered under §
8-35-113(c)
; and
(2)
The retired member shall not be eligible to claim or accrue additional retirement benefits as a result of the employment.
Acts 2008 , ch. 674, § 14.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-811 - Reemployment as emergency medical services employee after retirement [Repealed effective 6/30/2025]

(a)
As used in this section, "emergency medical services employee" means an individual who is licensed pursuant to the Emergency Medical Services Act of 1983, compiled in title 68, chapter 140, part 3, to provide emergency medical services, as defined in §
68-140-302
.
(b)
Notwithstanding another law to the contrary, a retired member of the Tennessee consolidated retirement system or of a superseded system, or of a local retirement fund established pursuant to chapter 35, part 3 of this title, may be reemployed in a position covered by the retirement system as an emergency medical services employee without the loss or suspension of the retired member's Tennessee consolidated retirement system benefits, if:
(1)
The retired member, as of the date of reemployment, possesses a current, valid license issued by the emergency medical services board through the department of health to provide emergency medical services;
(2)
The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement;
(3)
During the reemployment, the retirement benefit payable to the retired member is reduced to seventy percent (70%) of the retirement allowance the member would have otherwise been entitled to receive;
(4)
The retired member's reemployment does not exceed one (1) year; however, the retired member may be reemployed for additional one-year periods as long as the conditions contained in this section are met for each period of reemployment;
(5)
To fund the liability created by this section, the retired member's new employer pays to the Tennessee consolidated retirement system during each period of reemployment the greater of:
(A)
A payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or
(B)
An amount equal to five percent (5%) of the retired member's pay rate;
(6)
The retired member does not accrue additional retirement benefits as a result of the member's reemployment;
(7)
Upon the reemployment of the retired member, the retired member's new employer:
(A)
Notifies the retirement system of the member's reemployment with documents or information required by the retirement system; and
(B)
Certifies in writing to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified persons are available to fill the position; and
(8)
The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title.
(c)
This section is repealed on June 30, 2025.
Added by 2022 Tenn. Acts, ch. 827, s 1, eff. 7/1/2022.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-812 - Filing of federal wage reports on reemployed retired members

Nothing in this part shall be interpreted to relieve the employer from filing the required employee wage reports with the appropriate federal agencies on behalf of retired members that are reemployed under this part.
Acts 1979, ch. 320, § 1; T.C.A., § 8-3939(f); Acts 1986, ch. 553, § 21.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-818 - Reemployment without suspension of benefits

Any retired member of the Tennessee consolidated retirement system or of any superseded system administered by the state of Tennessee may accept employment in a position covered under §
8-35-226(a)
without loss or suspension of retirement benefits; provided, that:
(1)
Such retirement benefits are based on service and salary rendered in a position other than a position covered under §
8-35-226(a)
; and
(2)
The retired member shall not be eligible to accrue additional retirement benefits as a result of such employment.
Acts 1991, ch. 40, § 1; 1993, ch. 67, § 30; 2004, ch. 631, § 12.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-819 - Limitations on switching reemployment provisions

Within a one-year period, a retiree who is reemployed in a position covered by the Tennessee consolidated retirement system pursuant to this part must not:
(1)
Switch from one (1) reemployment provision under this part to another; or
(2)
Simultaneously be reemployed under more than one (1) reemployment provision under this part.
Added by 2023 Tenn. Acts, ch. 387, s 1, eff. 7/1/2023.
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 8 - REEMPLOYMENT AFTER RETIREMENT (§§ 8-36-NEW — 8-36-823) › Section 8-36-821 - Employment as a teacher

(a)
Notwithstanding any law to the contrary, any person retired for at least one (1) year from the Tennessee consolidated retirement system, from any superseded system administered by the state, or from any local retirement fund pursuant to chapter 35, part 3 of this title may accept employment as a kindergarten through twelfth (K-12) grade teacher without loss or suspension of retirement benefits under the following conditions:
(1)
The retired member holds any teacher's professional license or certificate as may be required in title 49, chapter 5;
(2)
[Deleted by 2023 amendment.]
(3)
[Deleted by 2023 amendment.]
(4)
The retired member shall not be entitled to tenure status as provided in title 49, chapter 5, part 5;
(5)
Such retired member shall not be eligible to accrue additional retirement benefits, accrue leave or receive medical insurance coverage as a result of such employment; and
(6)
The retired member shall not receive automatic credit for years of experience in determining compensation; provided, that the salary paid to such retired member for performing the teaching services shall not be less than the rate of compensation set by the school system for teachers with no experience filling similar positions, nor shall such salary exceed eighty-five percent (85%) of the rate of compensation set by the school system for teachers with comparable training and years of experience filling similar positions. Once such compensation is set, the retired member shall not be entitled to supplements paid under the career ladder program [repealed].
(7)
[Deleted by 2023 amendment.]
(b)
[Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 387, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 425, s 2, eff. 5/11/2023.
Acts 2000, ch. 903, § 1; 2004, ch. 631, § 13; 2009 , ch. 254, § 1; 2010 , ch. 777, § 35.