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 1 - GENERAL PROVISIONS (§§ 8-35-101 — 8-35-125) › Section 8-35-125 - Forfeiture of service

(a)
(1)
Any member who is separated from service for reasons other than retirement or death may elect to forfeit all contributory and noncontributory service established by such member under chapters 34-37 of this title for the purpose of establishing such service in another state, federal, county or municipal retirement program.
(2)
To be effective, the following conditions must be met:
(A)
The member must not have received any retirement benefits based upon such service;
(B)
The service must be creditable in the other retirement program;
(C)
If any of the service is contributory service, the member must have taken a refund of the member's accumulated contributions pursuant to §
8-37-210
;
(D)
The member must forfeit all service established under chapters 34-37 of this title; and
(E)
The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program.
(3)
A forfeiture of service made pursuant to this subsection (a) shall terminate membership in the retirement system in accordance with §
8-35-104
and shall constitute a waiver of all rights in the retirement system on account of the service forfeited.
(b)
(1)
(A)
Any member who has not separated from service may elect to forfeit all service established by such member as a result of employment rendered by the member in a particular employment category provided the forfeiture is for the purpose of establishing such service in another retirement plan operated by:
(i)
The federal government;
(ii)
Another state;
(iii)
A political subdivision of another state; or
(iv)
A Tennessee county or municipality that is not a participating employer under chapters 34-37 of this title.
(B)
For purposes of this subsection (b), an "employment category" means employment as a general employee, state police officer, police officer, state judge, county judge, county official or attorney general as such terms are defined in §
8-34-101
.
(2)
To be effective, the following conditions must be met:
(A)
The member must not have received any retirement benefits based upon such service;
(B)
The service must be creditable in the other retirement program;
(C)
If any of the service is contributory service, the member must take a refund of the member's accumulated contributions attributable to such service pursuant to §
8-37-210
;
(D)
The member must forfeit all service established by the member as a result of the member's employment in the particular employment category; and
(E)
The member must acknowledge in the manner prescribed by the retirement system that by forfeiting the service, the member shall not be entitled to reestablish the service in the retirement system so long as the member is entitled to retirement credit for such service in the other retirement program.
(3)
A forfeiture of service made pursuant to this subsection (b) shall constitute a waiver of all rights in the retirement system on account of the service forfeited.
Amended by 2016 Tenn. Acts, ch. 962, s 28, eff. 4/27/2016.
Acts 2000, ch. 590, § 6; 2002, ch. 863, § 6.