2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 35 - RETIREMENT-MEMBERSHIP (§§ 8-35-101 — 8-35-504) › Part 2 - LOCAL GOVERNMENTAL UNITS (§§ 8-35-201 — 8-35-256) › Section 8-35-256 - Establishment of hybrid plan which consists of defined benefit plan with a defined contribution plan

(a)
(1)
There is established a hybrid plan which consists of a defined benefit plan with a defined contribution plan. The defined benefit plan shall offer a service retirement allowance of one percent (1.0%) of the member's average final compensation, multiplied by the number of years of creditable service. The defined contribution plan shall be a plan that conforms to all applicable laws, rules and regulations of the internal revenue service governing such plans, may be any plan selected by the political subdivision, and may be acquired from any source. Notwithstanding any law to the contrary, a political subdivision electing to participate in the hybrid plan authorized in this section shall provide a cost of living increase allowance pursuant to §
8-36-701(b)
.
(2)
Notwithstanding §
8-35-111
or another law to the contrary, a political subdivision that adopts the hybrid plan authorized in this section may make employer contributions to the defined contribution plan component of the hybrid plan and to any one (1) or more additional tax deferred compensation or retirement plans; provided, that the total combined employer contributions to such defined contribution plans on behalf of an employee, with the exception of contributions made to a tax deferred retirement plan under § 457(f) of the Internal Revenue Code (
26 U.S.C. § 457(f)
), shall not exceed seven percent (7%) of the employee's salary.
(3)
Notwithstanding this or any other law to the contrary, the amount of any employer matching shall not exceed the maximum allowed under the Internal Revenue Code (26 U.S.C.) and shall conform to all applicable laws, rules and regulations of the internal revenue service.
(b)
A political subdivision may, by resolution legally adopted and approved by the chief governing body and in accordance with the procedure set out in §
8-35-201
, authorize its employees in all of its departments or instrumentalities to become eligible to participate in the hybrid plan.
(c)
Except as otherwise provided in this subsection (c), any member in the hybrid plan shall be eligible for service retirement upon attainment of sixty-five (65) years of age and upon completion of five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal ninety (90). Any member serving in a position covered by the mandatory retirement provisions of §
8-36-205
shall be eligible for service retirement upon attainment of sixty (60) years of age and upon completion of five (5) years of creditable service, or at any age upon completion of thirty (30) years of creditable service. Further, any member who has creditable service in a position covered by the mandatory retirement provisions of §
8-36-205
and who is entitled to the supplemental bridge benefit established pursuant to §
8-36-211
shall be eligible for service retirement upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the member was in a position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the member's retirement benefits under subsection (a). Section
8-36-211(b)(2)
shall not apply in calculating the supplemental bridge benefit for members covered by the mandatory retirement provisions of §
8-36-205(a)(2)
who retire on an early service retirement allowance pursuant to this subsection (c). Instead, the supplemental bridge benefit shall be equal to three-fourths of one percent (0.75%) of the member's average final compensation, multiplied by the member's years of creditable service when the member was in a position covered by the mandatory retirement provisions of §
8-36-205(a)(2)
, but reduced by an actuarially determined factor as set by the board from time to time.
(d)
Except as otherwise provided in this subsection (d), any member in the hybrid plan shall be eligible for early service retirement upon attainment of sixty (60) years of age with five (5) years of creditable service, or upon attainment of a combination of age and years of creditable service as to equal eighty (80). Any member serving in a position covered by the mandatory retirement provisions of §
8-36-205
shall be eligible for early service retirement upon attainment of fifty-five (55) years of age and upon completion of five (5) years of creditable service. The early service retirement allowance calculated under this subsection (d) shall be computed as a service retirement allowance in accordance with subsection (a) but reduced by an actuarially determined factor as set by the board from time to time.
(e)
Any member may apply for a disability retirement benefit pursuant to the provisions and criteria set forth in chapter 36, part 5 of this title. All provisions of chapter 36, part 5 of this title shall be applicable, except that the disability retirement allowance shall be equal to nine-tenths (9/10) of a service retirement allowance as computed in subsection (a) and as may be further reduced in accordance with chapter 36, part 5 of this title.
(f)
Any reference in chapters 34-37 of this title to the eligibility requirements for an early or service retirement allowance shall for purposes of this section mean the eligibility requirements set forth in subsections (c) and (d). Any reference in chapters 34-37 of this title to the formula for computing an early or service retirement allowance, or for computing a disability retirement allowance, shall for purposes of this section mean the applicable formula as set out in subsections (a), (d) or (e).
(g)
Sections
8-36-109(b)(1)(C)
and
8-36-123(a)(2)
shall not apply in determining the retirement allowance payable under §
8-36-109(b)
or under §
8-36-123(a)
to a deceased member's surviving spouse, if any. Instead, the retirement allowance payable under such sections shall be reduced by an actuarially determined factor as set by the board from time to time.
(h)
In no event shall any member in this hybrid plan receive a base annual pension benefit of more than eighty thousand dollars ($80,000) beginning July 1, 2012. Each July 1 thereafter, this amount shall be increased or decreased in accordance with the consumer price index as defined in §
8-36-701(c)
, and the amount of increase or decrease shall be based on the prior calendar year. The member's annual pension benefit shall be limited to the base benefit in effect at the time of the member's retirement, but shall be subject to increase in accordance with the cost-of-living provisions of §
8-36-701(b)(1) and (2)
. Notwithstanding this subsection (h), the service retirement allowance payable under this section shall not exceed ninety percent (90%) of the member's average final compensation, as may be adjusted by the cost-of-living provisions of §
8-36-701(b)(1) and (2)
.
(i)
A political subdivision electing to participate in the retirement system pursuant to this section shall participate in the provisions of the plan as they exist for state employees on the date of participation, except that §§
8-36-123(b)
,
8-36-124
, and
8-36-209
shall not apply and shall not be optional. Further, the provisions of the hybrid plan established under chapter 36, part 9 of this title shall not apply unless the political subdivision subsequently elects to participate in such plan on a prospective basis pursuant to §
8-36-919
. Notwithstanding the foregoing, the following provisions shall remain optional to the political subdivision:
(1)
Employee contributions as provided in §
8-35-203(a)(1)(B)(iii)
, §
8-35-254
, or §
8-37-202
, as applicable;
(2)
Part-time, seasonal, or temporary employee service credit in accordance with §
8-34-621
;
(3)
Mandatory retirement in accordance with §
8-36-205
.
(j)
Any member who desires to establish service credit pursuant to chapters 34-37 of this title shall pay employee contributions equal to the amount the member would have paid had such member been a member of the system during the period claimed, plus interest at the rate provided in §
8-37-214
. Any such service shall be credited to the plan in existence at the time the service is established, provided such plan is with the political subdivision for which the service was rendered.
Amended by 2024 Tenn. Acts, ch. 605,s 10, eff. 3/27/2024.
Amended by 2018 Tenn. Acts, ch. 736, s 5, eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 962, s 9, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 421, s 19, eff. 5/8/2015.
Amended by 2014 Tenn. Acts, ch. 659, s 15, eff. 4/10/2014.
Amended by 2013 Tenn. Acts, ch. 296, s 14, eff. 4/29/2013.
Acts 2012 , ch. 939, § 1.