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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-107 - Lump sum death benefit

(a)
Upon the death of a member prior to retirement on account of whom no benefit is payable under §§
8-36-108
,
8-36-109
or part 6 of this chapter, the member's accumulated contributions shall be paid to such entity as the member shall have nominated by written designation, duly executed and filed with the board of trustees. In the event that there are no surviving designated beneficiaries, the member's accumulated contributions shall be paid to the member's estate in accordance with §
8-36-120
.
(b)
If such member shall have been in service within one hundred fifty (150) days preceding such member's death, an additional amount equal to such member's accumulated contributions shall be paid in accordance with subsection (a); provided, that no benefit is payable under §§
8-36-108
,
8-36-109
or part 6 of this chapter.
(c)
Notwithstanding any provision of this section to the contrary, if a member described in subsection (a) dies while on an approved medical leave of absence, an additional amount equal to such member's accumulated contributions shall be paid in accordance with subsection (a); provided, that:
(1)
The member maintained health insurance coverage through the member's employer;
(2)
The member dies within one (1) year upon being approved for the leave of absence; and
(3)
No benefit is payable under §§
8-36-108
,
8-36-109
or part 6 of this chapter.
(d)
Any person who is entitled to receive a retirement allowance under §§
8-36-108
,
8-36-109
or part 6 of this chapter on account of the death of a member prior to retirement may elect to receive the benefits provided in subsection (a) or (b) in lieu of the benefits to which such person would otherwise be entitled.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3920; Acts 1986, ch. 553, §§ 9, 10; 1987, ch. 54, § 12; 1991, ch. 378, §§ 10-12; 2002, ch. 863, §§ 3, 22.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-111 - Exemption of benefits from execution, attachment, garnishment and assignment

All retirement allowances and other benefits accrued or accruing to any person under chapters 34-37 of this title, the accumulated contributions of members and the cash and assets in the funds created under chapters 34-37 of this title shall not be subject to execution, attachment, garnishment, or other process whatsoever, nor shall any assignment thereof be enforceable in any court.
Acts 1972, ch. 814, § 14; 1973, ch. 347, § 28; T.C.A., § 8-3944; Acts 1993, ch. 67, § 19; 2002, ch. 863, § 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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-112 - Withholding of insurance premiums from benefit payments authorized

Nothing in this part shall be construed to prohibit the withholding of insurance premiums for retirees under a plan approved by the state insurance committee, or for retired teachers or other retired local government employees for payment of insurance premiums under any Tennessee local government group insurance plan provided to the retirees. The director of the Tennessee consolidated retirement system may periodically establish a schedule of insurance premium support levels that local education agencies (LEAs) may assign to the retired teachers. If a schedule is established, an LEA must conform to the schedule in order for the retirement system to make or continue making premium payment deductions from the retirement benefits of that LEA's retired teachers.
Acts 1973, ch. 347, § 28; T.C.A., § 8-3944; Acts 1984, ch. 601, § 1; 2007, ch. 184, § 15.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-113 - Withholding of payment of contributions or monthly benefit under certain circumstances - Satisfaction of claims of state against terminated member upon application for withdrawal of contributions

(a)
Notwithstanding §
8-36-111
, the board may withhold payment of a member's accumulated contributions and interest or monthly benefit upon:
(1)
The filing of criminal charges or a civil suit against a member relating to the member's employment with an employer;
(2)
An audit finding from the comptroller of the treasury relating to the member's employment with an employer; or
(3)
An affidavit submitted by the employer to the director of the retirement system containing the employee's actions that the employer asserts could constitute a crime.
(b)
The board may withhold payment of the member's contributions and interest or monthly benefit until such time as the charges have been dismissed or the charges have resulted in a determination that the member owes money to the employer. Should a member not be charged criminally or civilly, the member may appeal the decision to withhold the member's accumulated contributions and earnings or monthly benefit based on an audit finding or affidavit by submitting an appeal request to the director of the retirement system.
(c)
If the service of any member is terminated, for any reason, and such member is found to owe money to an employer participating in the retirement system, the employer shall be entitled to claim from the member's accumulated contributions such amounts as are owed to the employer upon the application to withdraw the member's accumulated contributions. The claim shall be made in writing to the director of the retirement system by the appropriate party of the employer involved and must specify the reason for the claim and the amount involved. After the employer's claim is satisfied from the contributions, the member may withdraw any portion of the member's remaining contributions.
(d)
Should the member elect not to withdraw the accumulated contributions, no claim on the contributions shall be enforceable under this section.
Amended by 2015 Tenn. Acts, ch. 421, s 6, eff. 5/8/2015.
Acts 1979, ch. 320, § 11; T.C.A., § 8-3944.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-114 - Satisfaction of claims of employer against retired beneficiary by deduction from monthly benefit

If any member found to owe funds to an employer participating in the retirement system, within the meaning of §
8-36-113
, elects to retire, the member's debt to the employer may be satisfied from the member's monthly benefit.
Amended by 2015 Tenn. Acts, ch. 421, s 7, eff. 5/8/2015.
Acts 1979, ch. 320, § 11; T.C.A., § 8-3944.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-115 - Correction of errors in benefit payments

Should any change or errors in records result in any member or beneficiary receiving from the retirement system more or less than such member or beneficiary would have been entitled to receive had the records been correct, then on discovery of any such error the board shall correct the same and shall adjust the payments in such a manner that the benefits to which such member or beneficiary was correctly entitled shall be paid.
Acts 1972, ch. 814, § 16; 1979, ch. 320, § 2; T.C.A., § 8-3946.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-116 - Legislative intent to collect overpayments - Exceptions

It is hereby expressly declared that the intent of the general assembly is to collect amounts that have been overpaid in error to members or beneficiaries, except that:
(1)
Repayment may be waived at the discretion of the board of trustees where overpayments in retirement benefits have been made through an error committed by the retirement division if it is determined that the member or beneficiary:
(A)
Was without fault or knowledge;
(B)
Did not participate or induce the additional payment; and
(C)
There was no way under the circumstance that the member or beneficiary knew or could have known that an overpayment had been made;
(2)
It is further provided that waivers shall only be granted in cases where it can be shown to the board's satisfaction that repayment would deprive the person of income required for ordinary and necessary living expenses;
(3)
The board's authority to grant a waiver shall be based upon a recommendation by a preliminary review committee composed of one (1) representative from each of the following state agencies or departments:
(A)
Treasury department;
(B)
Office of the comptroller of the treasury; and
(C)
The department of finance and administration;
(4)
Waivers, where granted, shall only be valid during the lifetime of the member or beneficiary and shall not defeat the right of the state to proceed against the estate upon death; nor shall the granting of a waiver prohibit the retirement system from requiring security to assure repayment upon death;
(5)
Notwithstanding anything contained herein to the contrary, overpayments of one hundred dollars ($100) or less where the error was committed by the retirement division and without fault, knowledge, or participation on the part of the person overpaid shall be reviewed by the herein designated committee and repayment may be waived; and
(6)
In the event that a retired member receives an overpayment in retirement benefits from the retirement system and that member returns to service, the retirement system may initiate an automatic payroll deduction to recoup the overpaid amount. The employer shall comply with the retirement system's request for an automatic payroll deduction.
Amended by 2013 Tenn. Acts, ch. 296,s 18, eff. 4/29/2013.
Acts 1979, ch. 320, § 2; T.C.A., § 8-3946.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-117 - Monthly benefit payments - Death of payee - Procedure for direct deposit or electronic transfer

(a)
Except for the month of December, 1999, monthly benefit payments shall be remitted to beneficiaries on the last working day of the month which shall represent payment for that month. Monthly benefit payments for the month of December, 1999, shall be remitted to beneficiaries on December 28, 1999, which shall represent payment for that month. "Remitted" means either to issue payment by first class mail or by direct deposit in an account at a financial institution selected by the beneficiary.
(b)
All monthly benefit payments shall cease in the month in which the payee dies, unless otherwise specifically provided for in chapters 34-37 of this title. If the payee was a retired member who did not elect an optional allowance pursuant to §
8-36-601
, a monthly benefit payment shall be issued for the month in which the retired member died and shall be payable to the person nominated as beneficiary by the member pursuant to §
8-36-121
. If no surviving beneficiary exists upon the retiree's death, the payment shall be made in accordance with §
8-36-120
. If the payee was a beneficiary receiving benefits under the terms of an optional allowance, a monthly benefit payment shall be issued for the month in which the beneficiary died and shall be paid in accordance with §
8-36-120
.
(c)
The board of trustees is hereby authorized to promulgate substantive and procedural rules and regulations requiring recipients of monthly benefits hereunder to be paid such benefits by direct deposit or by electronic transfer.
Acts 1985, ch. 449, § 16; 1999, ch. 79, § 4; 2000, ch. 871, § 2; 2001, ch. 58, § 8.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-118 - Certain University of Tennessee extension employees - Eligibility for retirement benefits based upon longevity pay

(a)
Notwithstanding any law to the contrary, all former, present and future employees of the University of Tennessee extension, holding joint appointments with the United States department of agriculture, shall be eligible for a retirement benefit based solely on longevity pay which is or was received under §
8-23-206
; provided, that credit has not been granted under the federal civil service retirement plan for such longevity pay. Before the commencement of any such retirement benefit, the former employee must make a lump sum payment equal to the contributions such former employee would have made on longevity pay had it been creditable in the federal civil service retirement plan, plus interest as provided by §
8-37-214
. The University of Tennessee shall transfer to the Tennessee consolidated retirement system any employer contributions which would have been paid to the federal civil service retirement plan for longevity pay.
(b)
The benefit as provided under this section shall be equal to the difference between the benefit received from the federal civil service retirement system and what would have been received had longevity pay been credited in such system. The University of Tennessee shall calculate and certify such benefit amount to the Tennessee consolidated retirement system, which shall audit and verify such benefit calculation.
(c)
Payment of the benefit provided by this section shall be retroactive to the date of retirement of the retired former employee. Section
8-36-701
shall apply to all benefits provided by this section. All benefits payable under this section shall cease upon the death of the retiree. No other provisions of chapters 34-37 of this title shall apply to the benefits provided by this section.
Acts 1986, ch. 677, § 1; 2004, ch. 517, § 2.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-119 - Obsolete

Acts 1987, ch. 243, § 1; 1987, ch. 267, § 2.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-120 - Lump sum payments

(a)
In cases where a lump sum is payable to an individual's estate under chapters 34-37 of this title, payment shall be made to the duly qualified executor or administrator of the estate. When no executor or administrator has qualified and given notice of such qualifications to the retirement division after the expiration of forty-five (45) days from the date of the individual's death, then payment shall be made to the executor named in any will of the individual known to the retirement division. In the absence of actual knowledge of a purported will naming a surviving executor, payment may be made to the individual's spouse if the amount payable does not exceed fifty thousand dollars ($50,000). If there is no surviving spouse at the time of the individual's death, and if the amount payable does not exceed the amount a bank may pay under §
45-2-708(a)
, then payment may be made to the individual's next-of-kin upon proper documentation as required by the retirement division. In making any determinations and payments under this section, the retirement division is entitled to conclusively rely on the written statements of the informant listed on individual's death certificate or on the written statements of such other person who informs the retirement division of the death.
(b)
Upon payment pursuant to this section, the retirement division shall be released and discharged from all further liability from any claim which then exists or which thereafter may arise or be made in respect to the payment.
Acts 1991, ch. 378, § 2; 1996, ch. 616, § 1; 2011 , ch. 336, § 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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-121 - Nomination of beneficiaries - Method - Distribution among multiple beneficiaries - Retirement

(a)
A member's nomination of a person as beneficiary to receive payments under chapters 34-37 of this title shall be made by the member in writing, duly executed and filed with the retirement division.
(b)
Except as provided in subsection (f), a member may change such member's nomination at any time by a similar written designation.
(c)
Prior to filing an application for retirement benefits, a member may name more than one (1) person as beneficiary. By doing so, benefits are payable in a lump sum and are not payable under §
8-36-108
, §
8-36-109
or part 6 of this chapter, unless the member's surviving spouse is one of the beneficiaries named. If the member's surviving spouse is named, the spouse shall be entitled to receive any retirement allowance which would otherwise have been payable had the surviving spouse been named the sole beneficiary. If the named surviving spouse elects to receive a retirement allowance, no benefits shall be paid to the remaining beneficiaries. If the named surviving spouse elects to receive the lump sum payment provided herein, the payment shall be distributed in equal proportions among the named surviving spouse and the other surviving beneficiaries. For purposes of this section, "person" means any individual, firm, organization, partnership, association, corporation, estate or trust.
(d)
Amounts payable to multiple beneficiaries shall be distributed in equal proportions among the surviving beneficiaries.
(e)
Notwithstanding this section or any other law to the contrary, if a member has not nominated a beneficiary in the manner provided in subsection (a), then at the member's death, the member's surviving spouse shall be deemed the member's beneficiary and the spouse shall be entitled to receive any payments that would otherwise have been payable under chapters 34-37 of this title had the surviving spouse been named the beneficiary. If no such surviving spouse exists upon the member's death, then any lump sum payment due shall be made in accordance with §
8-36-120
.
(f)
Upon retirement, the member shall designate only one (1) person as beneficiary. The designation of beneficiary on the application for retirement shall supersede the designation of all previous beneficiaries, and may not be changed or revoked, except as provided in part 6 of this chapter.
Acts 1991, ch. 378, § 3; 1995, ch. 164, § 9; 1999, ch. 79, § 5; 2005, ch. 204, §§ 10, 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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-122 - Blind employees - Retirement allowance - Computation

The retirement allowance payable to any member participating in the retirement system pursuant to §
8-35-121
who retires before January 1, 1996, shall be computed as if such member had received the same annual cost-of-living increases and longevity payments as that received by other general state employees.
Acts 1991, ch. 378, § 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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-123 - Retirement or death of members not in service

(a)
Upon the death of a member not in service whose death occurs on or after July 1, 1991, and who has completed ten (10) years of creditable service, a retirement allowance shall be paid to the member's surviving spouse, if any, if the spouse is designated as beneficiary.
(1)
The retirement allowance payable to the surviving spouse shall be equal to the retirement allowance which would have been payable had the member retired under an effective election of Option 2 as provided in part 6 of this chapter with the member's spouse nominated as the beneficiary under that option.
(2)
The retirement allowance payable under this subsection (a) shall be reduced by four tenths of one percent (0.4%) for each month by which the member's death precedes such member's service retirement date.
(b)
(1)
Effective July 1, 1991, a member who does not qualify for a disability retirement allowance under §
8-36-501
or §
8-36-502
and who suffers from a total and permanent disability may be retired by the board of trustees on an ordinary disability retirement allowance provided the following conditions are met:
(A)
The member files with the retirement division an application for the retirement allowance in the manner prescribed by the retirement division;
(B)
Competent medical evidence is provided by the member which conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity;
(C)
The member has completed the service requirement for such member's classification as set forth in §
8-36-501(b)
; and
(D)
The member does not otherwise qualify for a service retirement allowance as provided for in §§
8-36-201
- 8-36-205.
(2)
Any member who applies for an ordinary disability retirement allowance pursuant to this subsection (b) shall be subject to §§
8-36-503
- 8-36-505 and §
8-36-508
.
(3)
The amount of the ordinary disability retirement allowance shall be the actuarial equivalent of the retirement allowance which would be payable to the member at fifty-five (55) years of age pursuant to part 3 of this chapter. Notwithstanding the preceding sentence, any allowance payable under this subsection (b) shall be subject to §
8-36-501(c)(4), (5) and (7)
.
(c)
This section does not apply to members in the employ of a political subdivision unless the governing body of the political subdivision by resolution authorizes and accepts the liability for such benefits.
Amended by 2016 Tenn. Acts, ch. 962, s 30, eff. 4/27/2016.
Acts 1992, ch. 935, § 1; 2001, ch. 58, § 17; 2009 , ch. 142, §§ 14, 15.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-125 - Disclaimer of benefits

(a)
A person designated as the beneficiary to receive a death benefit under chapters 34-37 of this title may disclaim the benefit upon the death of the member. Such disclaimer may be made by the person's trustee, guardian, conservator, or attorney-in-fact. If the disclaimer is made by such person's fiduciary, the disclaimer shall be binding on the beneficiary and on any successor fiduciary.
(b)
To be effective, the beneficiary must not have received any of the benefits, and the disclaimer must be in writing and filed with the division of retirement. Such writing shall:
(1)
Indicate that the disclaimer is an irrevocable and unqualified refusal by the person to accept the benefit;
(2)
Describe the amount of the benefit disclaimed; and
(3)
Be signed by the person disclaiming or such person's representative.
(c)
If a disclaimer is made under this section, the disclaiming beneficiary's share shall be distributed to the remaining beneficiary or beneficiaries in equal proportions.
Amended by 2019 Tenn. Acts, ch. 381,s 11, eff. 5/10/2019.
Acts 1997, ch. 219, § 4; 2006, ch. 870, § 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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-126 - Benefits payable to a minor child - Provision of documentation establishing guardianship

(a)
No benefit payable to a minor child under chapters 34-37 of this title shall be made until the guardian of such child has provided the retirement division with documentation establishing such guardianship. In the case of a parent, the documentation may consist of the child's birth certificate or record of adoption, whichever is applicable, and a certified statement from the parent that the parent is the legal guardian of the minor child. The retirement division shall be entitled to rely on such documentation and shall not be liable for damages or other payments by reason of any payment made in reliance thereon.
(b)
Notwithstanding this section or any other law to the contrary, if the member designated a custodian pursuant to the Tennessee Uniform Transfers to Minors Act, compiled in title 35, chapter 7, part 2, to receive benefits payable to a minor child under chapters 34-37 of this title and such designation was made in writing and on file with the retirement division, the benefits payable to such minor shall be made in the name of the minor and paid to the designated custodian pursuant to the Tennessee Uniform Transfers to Minors Act.
Acts 2002, ch. 863, § 8.
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 1 - GENERAL PROVISIONS (§§ 8-36-101 — 8-36-128) › Section 8-36-128 - Honoring claims under a qualified domestic relations order

(a)
The retirement system shall honor claims under a qualified domestic relations order at a time designated by the state treasurer.
(b)
For purposes of this section, "qualified domestic relations order" has the same meaning as provided in § 414(p) of the Internal Revenue Code of 1986 (
26 U.S.C. § 414(p)
); provided, that such order may only relate to the provision of marital property rights relating to the retirement system for the benefit of the retirement system member's former spouse.
Added by 2013 Tenn. Acts, ch. 296,s 16, eff. 4/29/2013.
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 2 - SERVICE RETIREMENT (§§ 8-36-NEW — 8-36-213) › Section 8-36-202 - Application for retirement - Use of electronic means

Any eligible member may retire on a service retirement allowance subsequent to receipt by the board of trustees of an application filed by the member through such medium as shall be prescribed by the state treasurer. At such time designated by the state treasurer, the retirement system may require the use of an electronic medium for the submission of service retirement applications. The director of the retirement system may waive the requirement to submit such application by electronic means for any member who demonstrates in writing that compliance would cause undue hardship to the member as determined by the director of the retirement system.
Amended by 2019 Tenn. Acts, ch. 381,s 5, eff. 5/10/2019.
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 11; T.C.A., § 8-3905(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 2 - SERVICE RETIREMENT (§§ 8-36-NEW — 8-36-213) › Section 8-36-207 - Computation under formula of superseded system

Notwithstanding chapters 34-37 of this title to the contrary, any member, as defined in §
8-34-101
, shall receive the greater of:
(1)
The service retirement allowance as provided in chapters 34-37 of this title; or
(2)
The service retirement allowance as would have been provided the member by the superseded system.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3906(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 2 - SERVICE RETIREMENT (§§ 8-36-NEW — 8-36-213) › Section 8-36-210 - Eligibility of certain Group 1 members to elect coverage under Group 2 provisions

Any Group 1 member employed as a sheriff on April 30, 1992, by a political subdivision participating under chapter 35, part 2 of this title who has creditable service in the Tennessee consolidated retirement system based upon service as a state police officer, wildlife officer, police officer, sheriff, or deputy sheriff prior to July 1, 1976, may elect to be covered by the retirement eligibility, benefit and contribution provisions applicable to Group 2 members; provided, that the following conditions are met:
(1)
The political subdivision authorizes and pays for the cost of an actuarial study to determine the liability associated with the granting of such benefits;
(2)
Following the review of the cost of granting such benefits, the chief governing body of the political subdivision passes a resolution authorizing the provisions of this section for such members, and accepting liability for such benefits; and
(3)
Any such member electing to be covered under this section pays to the retirement system in a lump sum the difference between what such member would have contributed had such member been a Group 2 member and the amount such member actually paid, plus interest at the rate provided in §
8-37-214
.
Acts 1992, ch. 542, § 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 2 - SERVICE RETIREMENT (§§ 8-36-NEW — 8-36-213) › Section 8-36-212 - [Repealed]

Acts 2010 , ch. 1092, § 1, repealed by Acts 2011 , ch. 140, § 11, effective 5/2/2011.
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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-301 - Eligibility

(a)
Any member in Group 1 shall be eligible for early service retirement upon satisfying one (1) of the following:
(1)
Attainment of fifty-five (55) years of age with the applicable years of creditable service as set forth in §
8-36-204
; or
(2)
At any age less than fifty-five (55) years of age with twenty-five (25) years of creditable service; provided, that this provision shall be optional for political subdivisions participating under chapter 35 of this title.
(b)
Any member in Group 2 shall be eligible for early retirement upon satisfying one (1) of the following:
(1)
Attainment of fifty-five (55) years of age with ten (10) years of creditable service; or
(2)
If the member is employed by a political subdivision which has not authorized unreduced service retirement benefits pursuant to §
8-36-201(b)(1)(B)
, at any age with thirty (30) years of creditable service.
(c)
Any member in Group 3 shall be eligible for early service retirement upon attaining fifty-five (55) years of age with eight (8) years of service.
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 13; 1979, ch. 288, § 5; T.C.A., § 8-3908; Acts 1984, ch. 601, § 3; 1986, ch. 554, § 15; 1997 , ch. 67, § 2; 1998, ch. 1011, §§ 4, 5.
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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-302 - Eligibility and computation of allowances

(a)
Notwithstanding any other law to the contrary and beginning on November 1, 1982, any of the following employees who are not eligible for social security coverage shall be eligible for early service retirement upon the completion of ten (10) years of membership service in a position covered by a local retirement system as provided for in chapter 35, part 3 of this title; the Tennessee consolidated retirement system; or a superseded system:
(1)
General employee;
(2)
Firefighter or police officer;
(3)
Teacher; and
(4)
Member of a local retirement system.
(b)
The retirement allowance, as provided under this section, shall be computed as a service retirement allowance and reduced by the greater of:
(1)
Four-tenths of one percent (0.4%) for each month by which the date of early service retirement precedes the service retirement date; or
(2)
An actuarial equivalent of the retirement allowance.
Amended by 2018 Tenn. Acts, ch. 736,s 7, eff. 4/18/2018.
Acts 1979, ch. 154, § 1; T.C.A., § 8-3908.
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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-303 - Setting of retirement date

(a)
Any member eligible to retire may set the effective date of the member's retirement at any date within one hundred fifty (150) days before or after the date the member's application is filed with the board; provided, that such effective date of retirement follows the date of such member's separation from service and that the member at the time so specified for the member's retirement shall have completed the applicable eligibility requirements as hereinabove set forth.
(b)
A member may submit only one (1) retirement application even if the member has service credit in one (1) or more of the four (4) defined benefit plans administered by the retirement system pursuant to chapters 34-37 of this title. The retirement payment plan and beneficiary selected by the member on the retirement application shall be the same for all of the plans and may not be changed or revoked, except as provided in part 6 of this chapter. The retirement system shall pay benefits from each of the applicable plans on the member's effective date of retirement; provided, that the member has met the eligibility requirements of the particular plan for a retirement allowance. If on a member's effective date of retirement the member has not met the eligibility requirements for a retirement allowance from a particular plan, the retirement system shall commence payments from that plan once the member meets the eligibility requirements of the plan.
Amended by 2018 Tenn. Acts, ch. 736,s 9, eff. 4/18/2018.
Acts 1972, ch. 814, § 5; 1973, ch. 347, § 13; T.C.A., § 8-3908; Acts 1993, ch. 67, § 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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-304 - Computation of allowance

The early service retirement allowance calculated under this part shall be computed as a service retirement allowance in accordance with part 2 of this chapter on the basis of the member's average final compensation and creditable service at the time of early service as follows:
(1)
(A)
For a Group 1 member retiring under §
8-36-301(a)(1)
, reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's service retirement date. If the member's creditable service is less than ten (10) years, the reduced benefit shall be further limited in accordance with the following:
Creditable Service
Reduced Benefit Due Percent
at least 4 years
10%
at least 5 years
25%
at least 6 years
40%
at least 7 years
55%
at least 8 years
70%
at least 9 years
85%
at least 10 years
100%
(B)
For a Group 1 member retiring under §
8-36-301(a)(2)
, the actuarial equivalent of the benefit as reduced under subdivision (1)(A) which would be payable at fifty-five (55) years of age;
(2)
(A)
For a Group 2 member retiring under §
8-36-301(b)(1)
, reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's service retirement date.
(B)
For a Group 2 member retiring §
8-36-301(b)(2)
, reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's attainment of fifty-five (55) years of age; and
(3)
For a Group 3 member retiring under §
8-36-301(c)
, reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's completion of twenty-four (24) years of creditable service.
Acts 1972, ch. 814, § 5; T.C.A., § 8-3909(a); Acts 1984, ch. 601, § 4; 1986, ch. 554, § 16; 1997 , ch. 67, § 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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-305 - Minimum allowances

(a)
The minimum early service retirement allowance payable to any member in Group 1, 2 or 3 shall be the minimum service retirement allowance computed in accordance with §
8-36-209(a)
on the basis of the member's creditable service at the time of early retirement, reduced by four tenths of one percent (0.4%) for each month by which the member's date of early retirement precedes such member's service retirement date.
(b)
The minimum early service retirement allowance payable to a transferred Class A member or a transferred Class B member shall be equal to a minimum service retirement allowance computed in accordance with §
8-36-209(b)
on the basis of the member's creditable service at the time of early retirement.
Acts 1972, ch. 814, § 5; 1975, ch. 315, § 5; T.C.A., §§ 8-3909(b), 8-3909(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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-306 - Alternative early retirement

(a)
Any member in Group 1 shall be eligible for a retirement benefit upon completion of twenty-five (25) years of creditable service.
(b)
If the member is less than fifty-five (55) years of age, such benefit shall be the actuarial equivalent of the retirement benefit which would be payable to the member at fifty-five (55) years of age.
(c)
This section shall be optional for political subdivisions participating under chapter 35 of this title.
Acts 1983, ch. 308, § 1; T.C.A., §
8-36-201
.
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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-307 - Group 2 members - Eligibility and computation of allowance

(a)
Any member in Group 2 who is employed by a political subdivision and who elected to come under §
8-36-201(b)(2)(A)
shall be eligible for early service retirement upon completion of twenty (20) years of service regardless of age. Any member retiring under this section shall be entitled to receive a reduced retirement allowance based on the member's age which is the actuarial equivalent of the benefit provided in §
8-36-206
at fifty-five (55) years of age. This section must be approved by the chief governing body of the employing political subdivision within ninety (90) days of July 1, 1984.
(b)
Any member in Group 2, who is employed by a political subdivision and who elected to come under §
8-36-201(b)(2)(A)
, shall be eligible for early service retirement upon completion of twenty (20) years of service regardless of age. Any member retiring under this section shall be entitled to a retirement allowance reduced by four tenths of one percent (0.4%) for each month for which the member's date of early retirement precedes such member's service retirement date. This subsection (b) must be approved, along with acceptance of the associated liability, by the chief governing body of the employing political subdivision within ninety (90) days of July 1, 1986.
Acts 1984, ch. 598, § 1; 1986, ch. 920, § 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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-309 - Eligibility of correctional officer for early service retirement upon attainment of 25 years of creditable service - "Correctional officer" defined

(a)
A correctional officer who is a member of the retirement system, regardless of the correctional officer's participation in the legacy pension plan, the hybrid plan, or any other alternative plan, is eligible for early service retirement after attaining twenty-five (25) years of creditable service. The retirement allowance must be computed as the actuarial equivalent of the benefit that would have been payable under a service retirement allowance.
(b)
Subsection (a) does not require a correctional officer to retire. Subsection (a) applies only to a correctional officer who retires on or after January 1, 2021, and does not constitute a change in formula under §
8-36-702
.
(c)
A correctional officer who chooses to retire pursuant to subsection (a) is entitled to any insurance coverage otherwise provided to a member who is one hundred percent (100%) vested in the member's service retirement benefit pursuant to §
8-36-201
on the date that the correctional officer would have become one hundred percent (100%) vested in the service retirement benefit pursuant to §
8-36-201
.
(d)
As used in this section, "correctional officer" means a person who:
(1)
Is employed by the department of correction; and
(2)
Satisfies the requirements of §
41-1-116
.
Acts 2020, ch. 784, § 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 3 - EARLY SERVICE RETIREMENT (§§ 8-36-301 — 8-36-310) › Section 8-36-310 - Eligibility of correctional officer for early service retirement upon attainment of 25 years of creditable service

(a)
Notwithstanding this part or any law to the contrary, a correctional officer employed by a local government who is a member of the retirement system, regardless of the correctional officer's participation in the legacy pension plan, the hybrid plan, or another alternative plan, is eligible for early service retirement upon attainment of twenty-five (25) years of creditable service. The retirement allowance, as provided under this section, must be computed as the actuarial equivalent of the benefit that would have been payable under a service retirement allowance.
(b)
A correctional officer is not required to retire pursuant to subsection (a). Subsection (a) applies only to correctional officers who retire on or after January 1, 2022 and does not constitute a change in formula under §
8-36-702
.
(c)
(1)
The respective local government may require a correctional officer who voluntarily chooses to retire pursuant to subsection (a) to pay a pro rata share of the cost of any insurance coverage otherwise provided to members who are one hundred percent (100%) vested in the service retirement benefit pursuant to §
8-36-201
based on the time the correctional officer voluntarily chooses to retire pursuant to subsection (a) until the date that the correctional officer would have become one hundred percent (100%) vested in the service retirement benefit pursuant to §
8-36-201
.
(2)
A correctional officer who voluntarily chooses to retire pursuant to subsection (a) is entitled to insurance coverage otherwise provided to members who are one hundred percent (100%) vested in the member's service retirement benefit pursuant to §
8-36-201
on the date that the correctional officer would have become one hundred percent (100%) vested in the service retirement benefit pursuant to §
8-36-201
.
Added by 2021 Tenn. Acts, ch. 486, s 1, eff. 1/1/2022.
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 5 - DISABILITY RETIREMENT (§§ 8-36-501 — 8-36-510) › Section 8-36-503 - Effect of division of claims and risk management or workers' compensation payments on allowance payments

(a)
For the purposes of integrating division of claims and risk management or workers' compensation payments with the disability retirement allowance provided herein, compensation shall include any payments made by the division of claims and risk management or workers' compensation, except payments made for hospital or medical expenses.
(b)
Any member who is approved for a disability retirement allowance may be required to report to the retirement system, on a quarterly basis, the status of any workers' compensation claim filed by the member. The member shall provide a copy of the final workers' compensation settlement or judgment to the retirement system within thirty (30) days after the settlement or judgment becomes final. Failure to comply with the requirements of this subsection (b) may result in the suspension of the member's retirement allowance.
Acts 1979, ch. 321, § 6; T.C.A., §§ 8-3912, 8-3913; Acts 1989, ch. 505, § 6; 2005, ch. 204, § 19.
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 8-36-504 - Determination of disability

(a)
The medical advisors, after an examination of the medical records of such member, shall certify, and the board of trustees shall find, that the member is disabled and should be retired.
(b)
(1)
In making the disability determination, primary consideration is given to the severity of the individual's impairment.
(2)
When medical considerations alone are not determinative of the issue of disability, consideration shall also be given to vocational factors.
(3)
Where vocational factors indicate the individual is capable of retraining for other employment within a twelve-month period, the individual shall not be considered disabled.
(4)
Vocational factors shall take into consideration the individual's age, education, training and work experience.
(c)
(1)
Except as provided in subdivision (c)(3), the board of trustees may, at its discretion, accept a disability medical determination from the social security administration in lieu of referring the matter to the medical advisors for certification.
(2)
Any member retired by the board of trustees on a disability retirement allowance pursuant to this subsection (c) shall not be relieved from §§
8-36-506
- 8-36-508.
(3)
This subsection (c) shall only apply to determinations of disability made pursuant to
20 CFR 404.902
and
20 CFR 404.920
as in effect on January 19, 2005.
Acts 1972, ch. 814, § 5; 1973, ch. 347, §§ 14, 15; 1977, ch. 448, §§ 1, 2, 4; 1978, ch. 741, §§ 11, 12; 1979, ch. 321, §§ 1-3; T.C.A., §§ 8-3901, 8-3910, 8-3911; modified; Acts 2005, ch. 204, § 20; 2009 , ch. 142, § 7; 2010 , ch. 777, § 31.
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 8-36-505 - Date of disability retirement

Any member eligible for a disability retirement may set the effective date of such member's retirement at any date within one hundred fifty (150) days before or after the date such member's application is filed with the board; provided, that such effective date of retirement follows the date of such member's separation from service, the date on which the member's temporary disability benefits under the workers' compensation law cease, or the date on which the member became totally and permanently disabled, whichever is later.
Acts 1997, ch. 219, § 7; 1999, ch. 79, § 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 5 - DISABILITY RETIREMENT (§§ 8-36-501 — 8-36-510) › Section 8-36-506 - Medical examinations after disability retirement

(a)
Any disability retiree who has not attained service retirement age may be required to submit current medical records annually until attaining service retirement age, by a physician or physicians designated by the board of trustees.
(b)
Should any disability beneficiary who has not yet attained sixty (60) years of age refuse to submit to at least one (1) medical examination in any such year, and should such refusal continue for ninety (90) days after the records have been requested, such beneficiary's monthly retirement benefit may be suspended by the board of trustees.
Acts 1972, ch. 814, § 5; 1977, ch. 448, § 3; 1978, ch. 741, § 15; T.C.A., §§ 8-3914(a), 8-36-505; Acts 1997, ch. 219, § 7.