reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4016 - Amount of benefits

The retirement benefit per annum to any person retiring under the provisions of this chapter shall be two and one-half per cent (21/2%) of the average compensation for each year of service (but in computing, not to exceed twenty-four (24) years service) provided said benefit shall not exceed sixty per cent (60%) of said average compensation. In computing length of time of service, fractions of a year equaling six (6) months or more shall be treated as a full year of service.
Acts 1968 (Adj. S.), ch. 617, § 17.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4017 - Benefits not subject to assignment or encumbrance - Payment of benefits for incompetent members

The retirement benefits provided for by this retirement system shall not be subject in any manner to anticipation, alienation, sale transfer, assignment, pledge, encumbrance or charge, nor shall any such benefit be in any manner liable for or subject to the debts, contracts or liabilities of the person entitled thereto. If any member or retired member has been adjudged legally incapable of personally receiving any payment due him hereunder, the board may make such payment to a duly appointed guardian or conservator of such person or to some relative of such person whom the board deems to be a proper person to receive such payment for the use and benefit of such retired member.
Acts 1968 (Adj. S.), ch. 617, § 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4018 - Application for benefits - Fixing amount - Payment

Any county official desiring to retire shall notify the comptroller of the state of his intentions which notice shall state the term of his service as a county official and average compensation as herein defined together with the date on which he proposes to retire from office. The county official desiring retirement shall obtain from the county judge of the county in which said county official is serving at the time of his retirement a sworn statement from said county judge to the effect that the county judge has examined pertinent records pertaining to the term of service of said county official and salaries or other compensation realized by said county official during his term of service and said affidavit shall contain the average compensation of the county official and the dates of service. Upon receipt of such affidavit, application and military record, if applicable, the comptroller shall examine the same and other pertinent records and certify to said board the facts with regard to said county official and his average compensation as calculated upon the basis set out in this chapter together with the date of his retirement. Said board shall thereupon fix the retirement benefit and certify the amount thereof due to such retiring member; and, said retiring benefit shall be paid monthly by the treasurer of the state of Tennessee out of said retirement fund to the retired member during his or her lifetime, and after the death of the retired member to the named beneficiary or beneficiaries for the minimum period or remainder of the minimum period established under this chapter, if applicable.
Acts 1968 (Adj. S.), ch. 617, § 19.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4019 - Designation of beneficiary to receive payments on death of member

Any county official who participates in the retirement system may designate in writing a beneficiary or beneficiaries to receive after said county official's death the retirement benefits he or she would have received for the minimum period or the remainder of the minimum period. Said designation shall be filed with the retirement board. If a county official dies during a term he is serving and at the time of death has sufficient service to qualify for retirement benefits, his beneficiary or beneficiaries, if named, shall be entitled to the same retirement benefits that the deceased county official would have received, for the minimum period only, had he or she retired on the date of death. In the event no beneficiary or beneficiaries are named, or in the event the named beneficiary or beneficiaries predeceased the county official, the system actuary shall determine the actuarial equivalent of the minimum retirement period of ten (10) years and the same shall be paid to the county official's estate in a lump sum. In the event a county official has completed twelve (12) years of service and becomes deceased before reaching the age of fifty-five (55) years, the ten (10) year minimum retirement benefits shall be paid in accordance with the provisions of this section in the same manner as they would have been paid had the county official been fifty-five (55) years of age on or before becoming deceased, provided further, that in the event a county official under the age of fifty-five (55) years is not reelected to his or her office, then upon reaching the age of fifty-five (55) years, said person shall be entitled to receive benefits as provided by this act if said county official has met all other requirements as to years of service and personal contributions herein provided, and this section shall have effect notwithstanding the provisions of §§ 8-4014, 8-4015 and 8-4018.
Acts 1968 (Adj. S.), ch. 617, § 20; 1969, ch. 49, § 8.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4020 - Repayment of contributions when member fails to qualify

Any participating county official who fails to qualify for retirement benefits under the provisions of this chapter, or the named beneficiary if county official is deceased, will be paid by the retirement board through the state treasurer, all of the total three and one-half per cent (31/2%) and/or four per cent (4%) contributions made to the system by the county officials as a member and also such interest as may be established by the Tennessee county officials retirement board.
Acts 1968 (Adj. S.), ch. 617, § 21; 1969, ch. 49, § 9.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4021 - Violation a misdemeanor - Penalty

Any person who knowingly makes any false statement or falsifies or permits to be falsified any record or records of this retirement system in an attempt to defraud such system, is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500), or by imprisonment in the county jail for not more than twelve (12) months, or both such fine and imprisonment, in the discretion of the court.
Acts 1968 (Adj. S.), ch. 617, § 22.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-301 - Normal retirement benefit

Any judge who has reached normal retirement age shall, upon retirement, be entitled to receive a normal retirement benefit, commencing on the first day of the month following his retirement as a judge and payable thereafter for life, subject to all the terms and conditions of the judges' retirement system.
Acts 1947, ch. 64, § 2; 1949, ch. 37, §§ 1, 2; mod. C. Supp. 1950, § 9912.2 (Williams, § 9909.8); Acts 1953, ch. 142, § 1; 1957, ch. 403, § 1; 1963, ch. 73, § 1; 1965, ch. 237, § 14.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-314 - Disability retirement

Any judge who has ten (10) or more years of service and becomes disabled may, upon complying with other applicable requirements set out in this judges' retirement system apply for disability retirement and be retired under the provisions of this section and shall thereupon be entitled to receive, during the remainder of his life, a disability pension. The amount of any disability pension shall be determined in the same manner as a normal retirement benefit in accordance with § 17-313. Any judge who receives any benefits under the provisions of this section shall not thereafter be eligible to resume or continue in the same term of office as a judge. For purposes of this judges' retirement system, "disabled" or "disability" shall mean a permanent physical or mental disablement occurring during the term of office of a judge, which, in the sole discretion of the governor of the state of Tennessee, prevents such judge from performing his judicial duties.
Acts 1955, ch. 208, § 1; 1963, ch. 73, § 4; 1965, ch. 237, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-315 - Application and certification of retirement - Effective date

Any judge who elects to retire under the provisions of §§ 17-313 - 17-323 either during or at the expiration of the term of office then held by him, and who has complied with the other retirement requisites of said sections shall certify to the governor of the state at least sixty (60) days prior to the date upon which he desires to relinquish his office his intention to retire, and shall at the same time forward to the governor his application for retirement, stating the time at which he wishes to retire. Provided, however, that any judge defeated for re-election, shall file with the governor of the state within sixty (60) days after his successor has been duly qualified and assumed the duties of the office, an application for retirement under the provisions of §§ 17-313 - 17-323. Upon the approval of the governor of the application for retirement, the governor shall forward to the board of trustees the application of the judge and shall request the board to process the retirement application in accordance with § 17-316.
Acts 1955, ch. 208, § 1; 1965, ch. 237, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-316 - Form of application - Verification and indorsement - Payment

The certificate of intention of a judge to retire and the application therefor shall be in writing, addressed to the governor and shall set out the facts pertaining to the court or courts served by such judge, the period of time embraced by such service, and his age. The board of trustees of this judges' retirement system shall verify the facts and determine if all applicable requirements pertaining to the application for retirement are met and the board of trustees shall indorse the application accordingly and file the application in the office of the division of retirement. The board of trustees shall thereafter authorize payment of benefits to which the retired judge is entitled under the provisions of this judges' retirement system.
Acts 1955, ch. 208, § 1; impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 237, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-320 - Source and time of payments

All payments hereunder to retired judges shall be made out of the judges' retirement fund. Payments to retired judges shall be in equal monthly instalments and shall be made at the same time and in the same manner as judges in office are paid.
Acts 1955, ch. 208, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-321 - Repayment or withdrawal of contributions

Any judge whose service is terminated for any reason shall, in lieu of all other benefits provided by this judges' retirement system, be entitled to a refund of his contributions without interest if his service at the time of termination is less than five (5) years, or be entitled to a refund of his contributions accumulated at three per cent (3%) interest, or at another rate of interest as the board of trustees may from time to time declare, if at the time of such termination he has completed at least five (5) years of service. Any judge who fails of reelection or who voluntarily retires or terminates his service before becoming eligible for any of the benefits otherwise provided in the judges' retirement system may be permitted to allow his contributions to remain until he reaches normal retirement age at which time he shall be eligible for a retirement benefit based on his actual service at time of termination, computed in the same manner as a normal retirement benefit in accordance with § 17-313 of this judges' retirement system. If any judge who terminates service and leaves his contributions in the system, and likewise any judge in office dies before he reaches normal retirement age his contingent annuitant or beneficiary under options 1, 2, or 3 of § 17-326 shall be entitled to have the judge's contributions left in the system until the judge would have reached normal retirement age if he had lived and at that time commenced to receive an optional benefit in the same amount as if the judge had lived until, retired on, and then died on, the day he reached normal retirement age. If a contingent annuitant or beneficiary dies or becomes disqualified by remarriage to receive the benefit after the death of the judge and before the benefit commences his contributions shall be refunded.
Acts 1955, ch. 208, § 1; 1963, ch. 73, § 5; 1965, ch. 237, § 8; 1970 (Adj. S.), ch. 386, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-322 - Powers upon retirement

Any judge who has heretofore retired, or who may hereafter retire under the provisions of this chapter, shall be empowered to conclude the hearing or trial of all cases and all matters subsequent thereto in any proceeding pending before him where the trial or hearing has been begun by him prior to his retirement, including the entry of judgments and orders in connection with said trial or hearing, the hearing of motions for new trial, petitions to rehear, and the like, signing bills of exceptions, and otherwise finally disposing of any and all matters connected with or arising out of such trials or hearings. However, nothing herein shall be construed as restricting the power that the successor to a retired judge might otherwise have, and such successor shall try the case upon any new trial or rehearing granted by the retired judge, except where final judgment is entered concurrently with the granting of the new trial or rehearing by the retired judge.
Acts 1955, ch. 208, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-323 - Assignment of retired judges

The chief justice of the Supreme Court of Tennessee is empowered to assign judges who are now retired or who may be retired hereafter, (1) to hold any court in the state whenever in his judgment it is necessary to do so in order to relieve congested dockets, or (2) to sit for judges who may be incapacitated or who may be absent because of illness or otherwise. A retired judge holding court hereunder shall be paid, in addition to his retirement benefits for the period during which he sits as judge, the difference between his retirement benefits for the period and the amount he would receive for that period if he were an active judge of the same court. The chief justice shall certify to the judicial cost accountant in the office of the comptroller of the treasury the date on which such service commences and the date on which such service terminates.
Provided however, the chief justice of the Supreme Court of Tennessee shall likewise be empowered to assign and designate any attorney-general as defined under § 8-618 who has or may be retired as such attorney-general to sit as judge and hold any court in the same manner, for the same purpose and he shall have the same authority, duty and jurisdiction as any retired judge is now authorized to perform or exercise under the provisions of this section.
Provided further, when the retired attorney-general is designated and assigned hereunder by the chief justice to sit as judge, his jurisdiction shall be limited and restricted to habeas corpus cases and such cases as may arise under any post-conviction procedure act.
Provided further, the 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 such attorney-general prior to his retirement. His compensation hereunder shall include his regular retirement benefit as attorney-general, plus the difference between his retirement benefit and the amount he would receive if he were an active or regular judge of the same court. The chief justice shall certify to the executive secretary of the Supreme Court the date on which such service commences, and the date on which such service terminates.
Acts 1955, ch. 208, § 1; 1963, ch. 73, § 6; 1967, ch. 165, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-327 - Retirement under prior laws

Any judge who retired under prior laws and who elected no optional benefit prior to retirement shall receive a normal retirement benefit. Any such judge who elected an optional benefit prior to retirement and his contingent annuitant shall receive an optional benefit based on a normal retirement benefit. The benefits shall commence when this chapter is adopted. Ages at termination of service shall be used in computing benefits.
No retired judge or contingent annuitant shall have any right impaired or benefit diminished by this section but shall be entitled to the right and benefit enjoyed under prior laws instead of the benefit provided for in this section if elected by notice to the board. This section shall not extend any benefits to others than a retired judge and his contingent annuitant receiving a benefit from this retirement system when this chapter is adopted.
Acts 1965, ch. 237, § 10; 1970 (Adj. S.), ch. 386, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-328 - Right to pension - Amount under prior laws not diminished

Any judge who complies with the foregoing applicable requirements for retirement shall thereupon be entitled to receive, during the remainder of his life, a pension in an amount determined according to the provisions of this judges' retirement system, but in no event shall he receive a pension smaller in amount than he would have received under the retirement laws in effect on January 1, 1970, had they been in effect at the time of his retirement.
Acts 1965, ch. 327, § 11; 1970 (Adj. S.), ch. 386, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › JUDGES' RETIREMENT SYSTEM (§§ 17-301 — 17-329) › Section 17-329 - Widows of appellate judges - Right to pension - Amount - "Appellate judge" defined

Any widow of a Tennessee appellate judge who, during his lifetime, served a total of at least twenty (20) years as an appellate judge, shall be entitled to a pension from the state of Tennessee, provided, however, that such right shall not accrue until said widow has attained seventy-five (75) years of age. Provided, however, that no such widow who is now receiving, or who may later receive, a pension from the state of Tennessee under any retirement or pension plan of the state in effect now or in the future shall be eligible to receive the pension herein provided.
Said pension shall be in the amount of one hundred and fifty dollars ($150) per month and shall be payable for the remainder of the widow's lifetime.
Whenever used in this section, the phrase "appellate judge" shall mean any judge who has served as a member of the Tennessee Supreme Court, the Tennessee Court of Appeals, or the Tennessee Court of Criminal Appeals.
Said pensions shall be paid out of the general appropriations fund.
Acts 1969, ch. 266, §§ 1-4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-502 - Establishment of system

There is created and established, as of July 1, 1963, a retirement system for county paid judges to be known as the "retirement system for county paid judges of Tennessee." All transactions of the system shall be in the name of the system. The system shall have all the powers and privileges of a corporation, and shall function as hereinafter provided.
Acts 1963, ch. 206, § 2; 1969, ch. 211, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-503 - Retirement board - Composition - Officers - Quorum - Personnel

The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this law are hereby vested in a retirement board, which shall consist of the state treasurer, the commissioner of finance and administration, the comptroller of the treasury, and three (3) members appointed by the governor, all of whom shall be members of the retirement system. The state treasurer shall be chairman of the board. The board shall elect one of its members as vice-chairman. A majority of the members of the board shall constitute a quorum, and all action taken by the board shall be by affirmative vote of a majority of all members of the board. The personnel required by the board in the administration of the plan shall be provided by the division of retirement of the state of Tennessee and all administrative duties shall be performed by and all administrative records shall be maintained by the division of retirement. The state attorney general or an assistant designated by him shall act as legal advisor and attorney for the board.
Acts 1963, ch. 206, § 3; 1970 (Adj. S.), ch. 556, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-505 - Compensation of board - Nonliability of members

Members of the board shall serve without compensation as board members, but shall be reimbursed for the actual expenses incurred by them in the performance of their duties.
The board shall be fully protected with respect to any action taken or suffered by the board in good faith in reliance upon the advice or opinion of any of the foregoing, and all actions so taken or suffered shall be conclusive upon each of them and upon all members or the persons interested in the system.
The board shall not be liable for the making, retention, or sale of any investment or reinvestment made by it nor for any loss to or diminution of the fund, except due to its own gross negligence, willful misconduct, or bad faith.
Acts 1963, ch. 206, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-506 - Personal interest of board prohibited

No member of the board shall have an interest, direct or indirect, in the gains or profits of any investment made by the board, save insofar as any such member may be a member or beneficiary of the retirement system, and no member of the board shall receive, directly or indirectly, any payment or emolument for his services except as expressly provided in this chapter. No member of the board shall, directly or indirectly, for himself or as an agent, in any manner use the funds or deposits of the retirement system, except to make such payments therefrom as are authorized by the board, nor shall any member become an indorser or surety or in any manner an obligor for moneys loaned by or borrowed from the board.
Acts 1963, ch. 206, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-507 - Duties of counties - Information - Payroll deductions

To enable the board to perform its functions, each county shall supply full and timely information to the board on all matters relating to the earnings of any members employed by the county, their length of service, their retirement or other causes of termination of employment, contributions to the fund by members, and such other pertinent facts as the board may require. Each county that has been notified that a judge of that county shall participate in this retirement system shall cause to be deducted from the pay check of the judge each payroll period the amounts required by this chapter pursuant to written directions by the board, and shall remit promptly such amounts to the state treasurer.
Acts 1963, ch. 206, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-508 - Retirement fund established - Purpose

There is hereby established the retirement fund for county paid judges to effectuate the purposes of this chapter. The fund shall be administered and utilized as a trust fund and shall be used for the purpose of providing benefits in accordance with provisions of this chapter and shall be the means of financing benefits and financing expenses of administering the fund by the board in accordance with this chapter.
Acts 1963, ch. 206, § 8.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-509 - Board as trustee of fund - Management of fund - Treasurer as custodian - Disbursements

The retirement board shall be the trustee of the fund created by this chapter and shall have full power to invest and reinvest all funds to the extent the board deems appropriate, subject to the limitation that no investment shall be made except, on the exercise of bona fide discretion, in securities which at the time of making the investment are, by a statute, permitted for the investment of reserves of any domestic life insurance companies, provided the total sum invested in common and preferred stocks cannot exceed twenty per cent (20%) of the total of the fund. Subject to such limitations, the board shall have full power to hold, purchase, sell, assign, transfer, or dispose of any of the securities or investments in which the fund created herein have been invested, as well as of the proceeds of such investments and the moneys belonging to the fund.
The state treasurer shall be the custodian of the fund. All payments from the fund shall be authorized by the state treasurer on vouchers duly issued by the state treasurer.
Acts 1963, ch. 206, § 9.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-510 - Funds deposited in banks

For the purpose of meeting disbursements for retirement allowances and other payments, sufficient cash may be held on deposit to the credit of the state treasurer in one or more banks or trust companies, located in Tennessee, organized under the laws of Tennessee or of the United States, and qualified as state depositories.
Acts 1963, ch. 206, § 10.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-511 - Members' contributions - Payroll deductions deemed authorized

Each judge who is a member shall contribute to the fund from the date he becomes a member, four per cent (4%) of earnings.
Every member shall be deemed to consent and agree to the payroll deductions made as provided in this chapter; and the payment of salaries and the payment of compensation, less such deductions shall be full and complete discharge of all claims for services as judge rendered by such members to the county during the period covered by such payment.
Any member who is entitled to prior service as defined in § 17-501(f) may claim same by applying to the board, showing the periods of service claimed and furnishing evidence thereof satisfactory to the board, and upon paying to the state treasurer in a lump sum a total contribution equal to four per cent (4%) of the compensation he received for any such service plus common interest at the rate of five per cent (5%) per annum from the date or dates of such prior service.
Upon actual retirement no further contributions on the part of a retired judge or his beneficiary shall be required.
Acts 1963, ch. 206, § 11; 1965, ch. 117, § 2; 1967, ch. 229, § 3; 1968 (Adj. S.), ch. 509, § 1; 1969, ch. 206, § 2; 1970, ch. 343, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-512 - Tax on litigation - State tax only

For the purpose of providing sufficient funds to aid in meeting the cost of benefits provided by this chapter, there shall be fixed upon every original civil and criminal case before each court of general sessions in the state of Tennessee, a fee of one dollar and twenty-five cents ($1.25) which shall be known as "general sessions retirement tax" and which shall be collectible and payable under the same circumstances as state and county taxes now collected upon litigation, save that this fee shall be paid, secured, or worked out in criminal cases. The tax as herein provided shall be in addition to such litigation taxes as are now levied by law upon such suits. It shall be a state tax only and no county or municipality shall levy a similar tax. All sums collected from the tax herein levied shall be paid to the state treasurer and shall be placed in the fund pursuant to this chapter.
Acts 1963, ch. 206, § 12; 1969, ch. 206, § 3; 1971, ch. 176, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-513 - Litigation tax under private acts

Any litigation tax pursuant to any private act of the general assembly shall be suspended during such time and from time to time, on the basis of actuarial standards certified by the actuary retained by the board, as any retirement plan for judges funded in part by such litigation tax is determined by the state treasurer to be actuarially overfunded; thereafter, such litigation tax may be resumed upon determination by the state treasurer that the plan is not overfunded. During any period of time that such local tax is not suspended, the general sessions tax provided in § 17-512 applicable to cases taxed pursuant to any such private act shall be reduced to thirty cents (30¢).
Acts 1963, ch. 206, § 13; 1971, ch. 176, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-514 - Members' contribution account

The members' contribution account shall be the account to which all members' contributions, as provided in this chapter, shall be credited. From this account shall be paid any refund of contributions to a member terminating his service other than by retirement or death; and at the time a member retires or dies, his account balance shall be transferred to the retirement allowance account as defined in § 17-515. Contributions by a member shall be deducted by the county from his earnings for each payroll period subsequent to becoming a member; and the amount so deducted shall be remitted by the county to the state treasurer and deposited in the fund and credited to the member's individual account of the members' contribution account. The agency of a member who is entitled by virtue of § 17-517 to elect to participate in this retirement system and does elect, shall withhold from the member's pay his required contribution and pay the same to the fund in the same manner as payments are received from a county.
Acts 1963, ch. 206, § 14; 1972 (Adj. S.), ch. 809, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-515 - Retirement allowance account

The retirement allowance account shall be the account in which all litigation taxes, all amounts transferred from the members' contribution account, and all income from invested assets of the fund shall be credited. From this account shall be paid the expenses of administering the system, death benefits, retirement benefits, and any other benefits payable after a member's retirement or death.
Acts 1963, ch. 206, § 15.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-516 - Actuarial valuations and experience investigations

On the basis of such actuarial assumptions as the board may adopt, the actuary appointed by the board shall make at least biennially a valuation of the assets and liabilities of this retirement system. Based on the results of such valuations, the board shall make recommendations to the general assembly for such changes in this chapter as the board deems desirable for the purpose of assuring that the retirement system will continue to be properly designed and actuarially sound.
In 1967 and each five (5) years thereafter the board shall direct the actuary to investigate actual experience underlying the actuarial assumptions and recommend to the board for adoption new sets of assumptions in line with the results of his investigation.
Acts 1963, ch. 206, § 16.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-518 - Beneficiary designation

A member may designate any person as beneficiary to receive benefits as provided in this chapter payable upon the death of the member. A change in designation may be made at any time by the member but such designation or change in designation shall be submitted in writing to the retirement board in such form and manner as the board may prescribe. No designation of beneficiary shall be effective unless and until it has been received by the retirement board prior to the date of death of the member. Upon any change in designation of beneficiary, the rights of all previously designated beneficiaries to receive any benefits provided by this chapter shall cease.
In the absence of a valid designation of beneficiary at the death of a member, the member's estate shall be beneficiary, except in those instances where the beneficiary is entitled to a benefit in accordance with Option B or Option C. In the absence of a valid designation of beneficiary and where the beneficiary is entitled to a benefit in accordance with Option B or Option C, the benefit shall be payable to the surviving spouse, if one exists, and in the event no surviving spouse exists no benefit will be payable unless otherwise determined by the retirement board.
Acts 1963, ch. 206, § 18; 1967, ch. 229, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-519 - Termination of membership

If a member terminates his membership, he shall thereafter forfeit all rights to any benefit or benefits provided under this chapter for service completed prior to the date his membership is terminated. The membership of any member shall terminate upon:
(a)
Withdrawal of his contributions at termination of employment or anytime thereafter, regardless of his length of credited service;
(b)
Termination of employment, unless at such termination of employment he has completed eight (8) years of credited service and he does not withdraw his contributions;
(c)
Termination of employment, unless he has terminated his employment pursuant to § 17-529 and provided that he becomes reemployed as a judge within ten (10) years of such date of termination of employment;
(d)
Retirement, except disability retirement followed by reemployment as a judge subject to § 17-525, and except early retirement, if a monthly deferred early retirement benefit was elected, followed by reemployment as a judge subject to § 17-524(a);
(e)
Death;
(f)
Termination of employment at any time because of impeachment or other removal from office;
(g)
Should a member cease to be a judge before being eligible for retirement, he shall be paid, upon application as soon as practicable within ninety (90) days thereafter, the amount of his contributions together with three per cent (3%) interest, compounded annually, or with such proportion of the regular interest credited thereon as the board may allow beginning as of July 1, 1965; provided, however, that no interest shall be payable if separation occurs within five (5) years from the date the judge became a member of the system;
(h)
Should a member die at any time before retirement, the amount of his accumulated contributions plus interest as provided in § 17-519(g) shall be paid to his beneficiary in accordance with § 17-518;
(i)
Termination of employment unless he is eligible for participation in accordance with § 17-517.
Acts 1963, ch. 206, § 19; 1965 (E. S.), ch. 1, § 2; 1970 (Adj. S.), ch. 556, § 4; 1972 (Adj. S.), ch. 809, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-520 - Prior service certificates

As soon as practicable after July 1, 1963, the retirement board shall determine the prior service of each judge who became a member as of July 1, 1963 and shall issue to such member a certificate of his prior service. If the board discovers that the prior service recorded on a certificate is incorrect, it shall issue promptly a corrected certificate which shall supersede all certificates previously issued. Copies of such certificates shall become a part of the permanent records maintained by the board in the office of the division of retirement for the purpose of determining benefits payable to members or their beneficiaries. In establishing such records, the board may require, in its discretion, members, beneficiaries, and other persons to submit affidavits as to any information and data which affect benefits payable to members or beneficiaries. When a member terminates his membership as provided in § 17-519, his certificate of prior service shall become void.
Anything in chapter 5 of title 17 or in §§ 8-3701 - 8-3705 to the contrary notwithstanding, the salary contributions of any member of any other system shall be transferred from such other system to the Tennessee retirement system for county paid judges and the member shall be given service for the time that he was a member of such other system on the date that he becomes a member of the Tennessee retirement system for county paid judges.
Acts 1963, ch. 206, § 20; 1969, ch. 206, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-521 - Application for benefits

Before any benefit provided for herein can be paid, all conditions applicable to the payment of the benefit must be met, application for the benefit must be presented to the retirement board in such form and manner as the board shall determine, and the payment of benefit must be approved by the board. If any retirement benefit provided for herein is less than twenty dollars ($20.00) per month, the board in its discretion may pay the actuarially equivalent value of such benefit in one lump sum, or in such other manner as the board may determine. Notwithstanding any provision of this chapter to the contrary, no benefit shall be due or payable before July 1, 1964, and no benefit shall be payable to a retired judge during any time he is employed by any city, county or the state of Tennessee or any political subdivision or instrumentality thereof.
Acts 1963, ch. 206, § 21.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-522 - Normal retirement - Conditions - Benefit

Each member shall be eligible upon retirement on his normal retirement date to receive a benefit as provided in this section. The benefits provided in this section shall also be paid to all members of the retirement system for county paid judges who retired prior to May 17, 1967. The monthly normal retirement benefit shall be payable on a member's normal retirement date and on the first day of each month thereafter during his lifetime and shall be computed as of his normal retirement date as one-twelfth (1/12) of the product of (a) and (b):
(a)
Credited service.
(b)
Three per cent (3%) of his benefit base.
In no event, however, shall a member receive upon retirement a benefit from a retirement system greater than seventy-five per cent (75%) of average earnings.
Notwithstanding any other provisions in this chapter, whenever a member retires on his normal retirement date having twenty-four (24) years of credited service, he shall be entitled to receive a monthly retirement benefit equal to one-twelfth (1/12) of seventy-five per cent (75%) of his average earnings.
Acts 1963, ch. 206, § 22; 1965 (E. S.), ch. 1, § 3; 1967, ch. 229, § 5; 1968 (Adj. S.), ch. 516, § 1; 1970 (Adj. S.), ch. 556, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-523 - Delayed retirement - Conditions - Benefit

A member who remains in his judicial office beyond his normal retirement date shall be eligible upon retirement on his delayed retirement date, which shall be the first day of any month following the effective date and his normal retirement date, to receive a benefit as provided in this section. The monthly delayed retirement benefit, which shall be payable on a member's delayed retirement date and on the first day of each month thereafter during his lifetime shall be computed in the same manner set forth in § 17-522 except that such computation shall be made as of his delayed retirement date.
Acts 1963, ch. 206, § 23.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY PAID JUDGES (§§ 17-501 — 17-539) › Section 17-524 - Early retirement - Conditions - Benefit

A member who has reached his fifty-fifth birthday or has completed eight (8) years of credited service shall be eligible, upon retirement on his early retirement date, which shall be the first day of any month thereafter but prior to his normal retirement date, to receive a benefit as provided in this section. A member may, upon retirement on his early retirement date, elect to receive either (a) or (b) as follows:
(a)
a monthly deferred early retirement benefit, which shall be payable on his normal retirement date, provided he is then living, and on the first day of each month thereafter during his lifetime, computed in the same manner set forth in § 17-522 except that such computation shall be made as of his early retirement date; provided, however, that if the date of death of such member occurs after his termination of employment and prior to his normal retirement date, his beneficiary shall receive a refund of the contributions standing to the credit of such deceased member; or
(b)
an immediate monthly early retirement benefit, which shall be payable on his early retirement date and on the first day of each month thereafter during his lifetime, the amount of which shall be the amount of benefit provided in subparagraph (a) of this section, but reduced by five-twelfths per cent (5/12%) thereof for each full month in the period of time between his early retirement date and his normal retirement date.
Acts 1963, ch. 206, § 24; 1970 (Adj. S.), ch. 556, § 6.