reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 6 - CREDITABLE SERVICE (§§ 8-34-601 — 8-34-627) › Section 8-34-627 - Attorneys general

(a)
Notwithstanding any other provision to the contrary, any member may establish retirement credit for previous service rendered as an attorney general upon making a lump sum payment equal to the employee contributions the member would have made had the member been a member for the period claimed, plus interest at the rate provided in §
8-37-214
. For purposes of this subsection (a), "attorney general" means any attorney general as defined in §
8-34-101
.
(b)
Notwithstanding §
8-35-109
or any other law to the contrary, membership in the retirement system shall be mandatory for any person employed on or after July 1, 1993, as an attorney general in the office of the attorney general and reporter.
Acts 1993, ch. 499, §§ 1, 2; 2006, ch. 970, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-701 - Repeal of laws establishing superseded systems

The following sections and chapters of the Code are hereby repealed as of July 1, 1972:
(1)
Section 8-107 (former governors and spouses);
(2)
Sections 8-618 - 8-622 (Attorneys General retirement system);
(3)
Chapters 34, 35, 36, 37 and 40 of this title (Tennessee state retirement system);
(4)
Title 17, chapter 3 (Judges' retirement system);
(5)
Title 17, chapter 5 (Retirement system for county paid judges);
(6)
Title 49, chapter 15 (State teachers' retirement system); and
(7)
Sections 65-151 - 65-168 (Public service commissioners' retirement fund).
Acts 1972, ch. 814, § 18; T.C.A., § 8-3949; modified.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-702 - Rights, benefits and privileges of members and beneficiaries of superseded systems

Each and all of the sections and chapters repealed by §
8-34-701
will remain in full effect for the purpose of defining rights, benefits and privileges preserved under §
8-34-703
.
Acts 1972, ch. 814, § 18; T.C.A., § 8-3949; modified.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-703 - Rights of prior class members preserved

Any prior class member shall be entitled to benefits under the retirement system determined in accordance with the superseded system of which such member shall have been a member, as in effect on July 1, 1972, with the following modifications:
(1)
The rate of benefits applicable to the "average final compensation" of Class B members of the Tennessee teachers' retirement system and to the "average compensation" of Class B members of the Tennessee state retirement system shall be increased from one and three-fourths percent (1 3/4%) to one and seven-eighths percent (1 7/8%);
(2)
Sections
8-34-602(e)
,
8-34-712
and this section shall apply to present members of Group 3 as well as members coming into Group 3 prior to September 1, 1974.
Acts 1972, ch. 814, § 11; 1975, ch. 315, § 5; T.C.A., § 8-3935(4).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-704 - Classification and membership in judges' retirement systems preserved

Nothing in this section or §
8-34-703
or §§
8-34-706
- 8-34-713 shall be construed to change the retirement classification or remove from the system of which such judge is a member any state judge who continues in a state judicial office.
Acts 1979, ch. 261, § 1; T.C.A., § 8-3935(8).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-705 - Rights, benefits, and privileges of members of superseded University of Tennessee system preserved

The former § 49-3333, which was repealed with the specific intent that employees of the University of Tennessee will be covered solely by chapters 34-37 of this title, will remain in full effect for the purpose of defining the rights, benefits and privileges of employees covered by its provisions prior to July 1, 1978.
Acts 1978, ch. 740, § 3; T.C.A., § 8-3958.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-706 - Retirement under consolidated system upon failure to qualify under superseded systems

Any member of any superseded retirement system who upon termination, or retirement, fails to meet the qualification of the benefit provision of that system, shall have the privilege of electing to retire under the provisions of this system.
Acts 1973, ch. 347, § 26; T.C.A., § 8-3935(4)(c).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-707 - Disability retirement under superseded systems

Notwithstanding any other law to the contrary, any prior class member of a superseded system who meets the applicable service requirements for an ordinary or an accidental disability retirement in such member's superseded retirement system shall not be retired on disability, unless the member is disabled from gainful employment in accordance with chapter 36, part 5 of this title. These members shall continue to be covered by the applicable benefit provisions of their superseded systems.
Acts 1978, ch. 741, § 20; T.C.A., § 8-3935(7).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-708 - Benefit base for judges and attorneys general systems

(a)
The "benefit base" under the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee and the attorneys general retirement system of Tennessee shall be the annual rate of compensation in effect for the office from which the prior class member retired on the date of retirement or on May 1, 1975, if greater. However, this section shall not apply to those members who were vested under the superseded system on June 30, 1975, or who were vested at the end of their term of office in effect on June 30, 1975, whichever is applicable.
(b)
If any retired member under such superseded system held an office for which a salary was not fixed by statute on May 1, 1975, the benefit base of such member shall not be reduced below the benefit base established for such member as of May 1, 1975.
Acts 1975, ch. 315, § 6; T.C.A., § 8-3935; Acts 1982, ch. 771, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-709 - Rights of certain commissioned members of department of safety who were over 35 when hired

(a)
Notwithstanding any other law to the contrary, any prior Class C member that is a presently employed commissioned member of the department of safety, and who was employed subsequent to such member's thirty-fifth birthday, shall be allowed to remain in the service of the department and to participate in the retirement system until such member obtains twenty-five (25) years of creditable service or reaches sixty (60) years of age.
(b)
Any person covered under this provision shall make contributions at the rate applicable to prior Class C members and shall be entitled, upon retirement, to receive a retirement allowance at the rate specified for prior Class C members based upon the total years of creditable service.
(c)
This section shall have application to all persons retiring after January 1, 1979.
Acts 1979, ch. 273, § 1; T.C.A., § 8-3935(9).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-710 - Transfer of assets from superseded systems

(a)
As of July 1, 1972, all of the assets of each superseded system shall be transferred to the credit of the retirement system established by chapters 34-37 of this title.
(b)
Thereafter, the managing boards of the superseded systems shall have no further power to hold or invest such assets, and the board of trustees of the retirement system shall be the trustees of such assets, with all of the powers provided by chapter 37, part 1 of this title.
(c)
The contributions made by each member of a superseded system to that system, together with the interest credited thereon in accordance with the provisions of the superseded system, shall be credited to the member's individual account in the members' fund.
(d)
The remaining assets of the superseded systems shall be credited to the state accumulation fund.
Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(1).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-711 - Transfer of members and beneficiaries from superseded systems

(a)
As of July 1, 1972, the members and beneficiaries of the superseded systems shall cease to have any rights to benefits thereunder and shall be entitled only to the benefits provided by this chapter and chapters 35-37 of this title. Thereafter, no contributions shall be made to the superseded systems by either the members or the employers.
(b)
The members of the superseded systems shall become members of the retirement system in accordance with §
8-35-101(b)
.
(c)
Each beneficiary of a superseded system shall become a beneficiary of the retirement system established by this chapter and chapters 35-37 of this title, and such beneficiary's retirement allowance shall thereafter be paid from the retirement system under the conditions which were applicable to such beneficiary under the superseded system, except as hereinafter provided.
(d)
Any former member of a superseded system who, upon termination of membership, was eligible for a deferred retirement allowance under the superseded system, the payment of which has not commenced as of July 1, 1972, shall continue to be so eligible, and such retirement allowance shall be paid from the retirement system, subject to the conditions which were applicable to such former member under the superseded system, except as hereinafter provided.
(e)
Any former teacher:
(1)
Who rendered service as a member of a local retirement fund;
(2)
Who on June 30, 1972, was not a member of a superseded system; and
(3)
Who upon termination of service as a teacher was eligible for a deferred retirement allowance payable to such former teacher or to the local retirement fund from the Tennessee teachers' retirement system, the payment of which has not commenced as of July 1, 1972;
shall continue to be entitled to have such retirement allowance paid to such former teacher or on such former teacher's account and such retirement allowance shall be paid from the retirement system, subject to the conditions which were applicable under the Tennessee teachers' retirement system.
Acts 1972, ch. 814, § 11; T.C.A., § 8-3935(2).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-712 - Transfer of certain county officials from superseded system

(a)
Anything to the contrary notwithstanding, any county official and any county commissioner elected by popular vote, serving in a county having a county commission form of government, taking office on or before July 1, 1974, shall become a member and have the privilege of claiming any prior service such member was entitled to claim under the applicable provision of the superseded Tennessee county officials' retirement system, by completing a form prescribed by the board of trustees, and paying a lump sum in an amount equal to the amount the official would have paid had such official been a member of the Tennessee county officials' retirement system, plus interest at the rate designated in §
8-37-214
.
(b)
Any county official, as defined in §
8-34-101
, may transfer that part of the official's membership so defined and contributions from the Tennessee consolidated retirement system, by completing the necessary forms as prescribed by the board of trustees, and paying in a lump sum the difference between what the official would have contributed had the official been a member of the Tennessee county officials' retirement system and the amount so transferred.
(c)
(1)
Any member so transferring shall be eligible to use the aggregate number of years of credit in both systems to qualify for the condition of retirement.
(2)
Such member's benefits for creditable service years in this system shall be computed under this system and added to the amount of benefits payable under the superseded Tennessee county officials' retirement system.
Acts 1973, ch. 347, § 26; 1974, ch. 786, § 2; 1979, ch. 320, § 10; T.C.A., § 8-3935(4)(c).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-713 - Effect of change in compensation for the position from which a beneficiary has retired

Notwithstanding any law to the contrary, the retirement allowance of any member who retires under a superseded system shall not be increased by any future increase in salary, base compensation, or other increases in compensation as allowed for the position from which the member retires. This section shall not be construed to prevent any increase in such retirement allowance when such increase is in accordance with §
8-36-701
.
Acts 1975, ch. 315, § 6; T.C.A., § 8-3935(6).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-714 - Eligibility of prior Class C members

Notwithstanding any provision to the contrary, all prior Class C members shall be eligible for service retirement benefits after completion of twenty-five (25) years of creditable service regardless of age.
Acts 1984, ch. 960, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-715 - Retirement credit for state judges

Notwithstanding any other law to the contrary, a state judge shall receive full retirement credit for service rendered after such judge's seventieth birthday.
Acts 1986, ch. 553, § 23.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-716 - State judge membership transfer into Group 4

(a)
Notwithstanding any law to the contrary, any state judge, as defined in §
8-34-101
, who, prior to September 1, 1990, participated in Group 1 or 3 classifications of the retirement system, may elect, in the manner prescribed by the retirement system, to transfer membership to Group 4 of the retirement system from and after September 1, 1990. The election to transfer membership shall become effective on the date of election.
(b)
Notwithstanding any law to the contrary, any attorney general and reporter who meets the requirements of §
8-34-623(b)
may elect in the manner prescribed by the retirement system, to transfer membership to Group 4 of the retirement system, from and after July 1, 2005. The election to transfer membership shall become effective on the date of election.
Amended by 2016 Tenn. Acts, ch. 962, Secs.s 22, s 23 eff. 4/27/2016.
Acts 1986, ch. 554, § 6; 2005, ch. 498, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 34 - RETIREMENT-GENERALLY (§§ 8-34-101 — 8-34-717) › Part 7 - SUPERSEDED SYSTEMS (§§ 8-34-701 — 8-34-717) › Section 8-34-717 - Return to service - Judges retired under superseded county paid system

Any judge retired from the superseded county paid judges retirement system may return to service in a position not covered by the Tennessee consolidated retirement system and continue to draw such judge's retirement allowance.
Acts 1989, ch. 119, § 1.
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 8-35-101 - Eligibility

(a)
(1)
Any person who becomes a teacher, a general employee, a state police officer, a wildlife officer, a firefighter or a police officer on or after July 1, 1972, shall become a member of the retirement system as a condition of employment.
(2)
Notwithstanding this section or any other law to the contrary, no state department, commission, institution, board, agency, instrumentality or entity of or affiliated with state government shall be authorized to cover its otherwise eligible employees in the retirement system unless the general assembly approves the annual operating budget for the entity, or unless the entity has specific Tennessee state statutory authority to cover its otherwise eligible employees in the retirement system and the entity obtains written advice from nationally recognized counsel employed by the retirement system in the area of government employee benefit plans that the entity is eligible to participate in a governmental plan as defined by Internal Revenue Code § 414(d) (
26 U.S.C. § 414(d)
), as amended. The foregoing also applies to any person seeking admission to the retirement system whose compensation is paid, in whole or in part, from funds not appropriated by the general assembly. Notwithstanding this section or any other law to the contrary, the funds necessary to fund any prior service of such persons must be appropriated by the general assembly or paid by another governmental entity.
(b)
Any person who on June 30, 1972, is a member of a superseded system shall become a member of the retirement system as of July 1, 1972.
(c)
Any person who on June 30, 1972, is not a member of a superseded system and who is employed as a general employee, a state police officer, a wildlife officer, a state judge, a county judge, an attorney general, a commissioner, a person in the employ of a political subdivision of the state participating in the retirement system pursuant to part 2 of this chapter or a teacher other than a teacher eligible for membership in a local retirement system, may elect to become a member of the retirement system as of July 1, 1972; provided, that within ninety (90) days following July 1, 1972, such person files with the board of trustees on a form prescribed by the board a notice of such person's election to become a member. Any employee may elect to become a member; provided, that such person files with the board of trustees a notice of election to become a member.
Amended by 2014 Tenn. Acts, ch. 659,s 7, eff. 4/10/2014.
Acts 1972, ch. 814, § 3; 1973, ch. 347, §§ 4, 5; 1974, ch. 630, § 2; T.C.A., § 8-3903(1), (2); Acts 1985, ch. 449, § 10; 1999, ch. 205, § 17.
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 8-35-102 - Informing new employees of duties and obligations as a condition of employment

Each employee, upon employment, shall be informed by the appointing authority of such employee's duties and obligations in connection with the retirement system as a condition of employment.
Acts 1972, ch. 814, § 8; T.C.A., § 8-3930(1).
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 8-35-103 - Part-time employment

(a)
Any person who becomes a part-time employee or who is currently serving as a part-time employee on July 1, 1984, may elect to join the Tennessee consolidated retirement system. The election shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system; provided, that the following employees shall not be eligible for membership:
(1)
Students;
(2)
Seasonal or temporary employees under twenty-five (25) years of age;
(3)
Temporary employees in institutions of higher education; or
(4)
Substitute teachers, unless such substitutes are under contract and scheduled to work the same time as a regular teacher.
(b)
The employee's date of membership shall be the date the election is filed with the retirement system and shall be used to determine all rights and benefits under chapters 34-37 of this title.
(c)
Part-time employees working in institutions of higher education shall be eligible for membership in the optional retirement plan found in chapter 25, part 2 of this title if it is certified by the institution that the employee is a teacher.
(d)
In cases of doubt as to the classification of an employee, the board of trustees shall determine from objective criteria whether an employee is properly classified.
(e)
Any retiree-beneficiary who accepts part-time employment with an employer participating in this system will be considered as restored to employment within the meaning of chapter 36, part 8 of this title, regardless of whether such retiree-beneficiary is eligible for membership.
Amended by 2016 Tenn. Acts, ch. 962,Secs.s24, s25 eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 118,s 6, eff. 4/10/2015.
Acts 1977, ch. 400, § 2; T.C.A., § 8-3903(13); Acts 1984, ch. 797, § 3; 1985, ch. 449, § 11; 1991, ch. 378, § 8.
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 8-35-104 - Termination of membership by absence from service - Members serving in armed forces

(a)
A member shall cease to be a member if such member:
(1)
Is absent from service more than seven (7) consecutive years after last becoming a member and is not eligible for a deferred retirement allowance as provided in §
8-36-204
;
(2)
Withdraws such member's accumulated contributions;
(3)
Becomes a beneficiary; or
(4)
Dies.
(b)
Notwithstanding the foregoing, the board of trustees shall continue the membership of a member during such member's period of active service in the armed forces of the United States; provided, that such member does not withdraw such member's accumulated contributions.
(c)
It is further provided that any member who has established both contributory and noncontributory service shall lose membership upon withdrawal of such member's accumulated contributions or as provided by subsection (a).
Acts 1972, ch. 814, § 3; T.C.A., § 8-3903(6); Acts 1981, ch. 508, § 4; 1985, ch. 449, §§ 12, 13; 1987, ch. 54, § 4.
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 8-35-106 - Certain prior class members

(a)
Any person who becomes a member in accordance with §
8-35-101(b)
, who immediately prior to becoming a member has been a Class A member of the Tennessee teachers' retirement system or the Tennessee state retirement system shall be classified in Group 1, unless such person shall elect, within ninety (90) days after July 1, 1972, or if such person is on leave of absence or otherwise not in service on July 1, 1972, within ninety (90) days after returning to service, on a form prescribed by the board of trustees, to remain covered by the benefit and contribution provisions of the superseded system of which such person is a member.
(b)
A member making this election shall be classified as a prior class member and shall be subject to §§
8-34-602(e)
,
8-34-703
,
8-34-706
and
8-34-712
.
(c)
Any other person who becomes a member in accordance with §
8-35-101(b)
shall be classified as a prior class member and shall be subject to §§
8-34-602(e)
,
8-34-703
,
8-34-706
and
8-34-712
, unless such person shall elect, within ninety (90) days after July 1, 1972, or if such person is on leave of absence or otherwise not in service on July 1, 1972, within ninety (90) days after returning to service, on a form prescribed by the board of trustees, to become covered by the benefit and contribution provisions of this retirement system applicable to new employees.
(d)
Any member making this election shall be classified in Group 1, 2 or 3 on the basis of such member's employment category in the same manner as provided in §
8-35-105
.
(e)
Notwithstanding the foregoing, any state judge, county judge or attorney general who becomes a member in accordance with §
8-35-101(b)
may make the election herein provided at any time after July 1, 1972, but any such member making such election shall be required to contribute to the retirement system an amount equal to the excess of the contributions which such member would have made during the period since July 1, 1972, had such member made such election on such date over the actual contributions made during such period, together with interest on such amount at the rate or rates credited to members' accumulated contributions during such period.
Acts 1972, ch. 814, § 3; T.C.A., § 8-3903(5).
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 8-35-107 - Temporary employment period

(a)
Any state agency, department, board, commission, institution, or political subdivision, covered on July 1, 1972, by chapters 34-37 of this title, or who may thereafter elect to bring its employees into the retirement system as general employees, shall have the option of establishing a period of temporary employment not to exceed six (6) months.
(b)
(1)
At the request of a political subdivision employer and upon approval by the board of trustees, the six-month temporary employment period may be extended for specific groups of employees. These employees are ones employed for specific construction projects expected to be completed within four (4) years. Such projects must be outside the usual duties and/or customary responsibilities of the employer.
(2)
Requests from political subdivisions for board approval for an extended temporary employment period shall contain all information considered necessary by the board including, but not limited to, the nature of the construction project, expected duration and the number of employees to be temporarily employed.
(3)
No service credit may be established for extended temporary employment as provided by this subsection (b).
(c)
Notwithstanding any provision of this section or any other law to the contrary, any employer participating in the retirement system on July 1, 1995, who has not established a temporary employment period on such date, and any employer who thereafter becomes a participating employer, shall be prohibited from establishing a temporary employment period pursuant to this section.
(d)
In the event an employee completes a period of temporary employment with an employer pursuant to this section and subsequently terminates employment for any reason, such employer shall not require the employee to complete an additional period of temporary employment in the event the employee is ever rehired by the same employer.
Amended by 2019 Tenn. Acts, ch. 381,s 8, eff. 5/10/2019.
Acts 1972, ch. 814, § 3; 1973, ch. 347, § 4; T.C.A., § 8-3903(1); Acts 1986, ch. 553, § 1; 1995, ch. 164, § 3.
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 8-35-108 - Teachers in local retirement systems

A teacher participating in a local retirement fund shall not be eligible for membership in the retirement system.
Acts 1972, ch. 814, § 3; T.C.A., § 8-3903(1).
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 8-35-109 - Membership in retirement system dependent on election by certain officials

Any person who becomes a state judge, a county judge, a county official, a commissioner, a county chair, an elected or appointed official of the general assembly, or any district attorney general and any assistant thereto by whatever name called, on or after July 1, 1983, shall not become a member of the retirement system, unless such person elects to become a member of the system and is otherwise eligible for membership. The election shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system.
Amended by 2019 Tenn. Acts, ch. 381,s 13, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 962,s 27, eff. 4/27/2016.
Acts 1972, ch. 814, § 3; 1975, ch. 315, § 9; T.C.A., § 8-3903(1); Acts 1983, ch. 342, § 4; 1985, ch. 449, § 14.
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 8-35-110 - Service in the general assembly

Any member of the Tennessee consolidated retirement system, or prior class member who is now, or becomes a member of the general assembly, shall have the option of participating in the retirement system as a member of the general assembly or continuing membership in the system of which such person is currently a member.
Acts 1972, ch. 814, § 3; 1973, ch. 347, § 3; T.C.A., § 8-3903(7); Acts 1981, ch. 508, § 5.
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 8-35-112 - Membership in retirement system as condition of employment

(a)
Notwithstanding any other law to the contrary and except as provided in subsection (b), any current or former member of the retirement system or of a superseded system who accepts, or is elected to, a position on or after July 1, 2018, for which membership in the retirement system is otherwise optional shall become a member of the retirement system as a condition of employment.
(b)
Subsection (a) shall not apply to an employee having optional membership who was employed by a political subdivision on the date the political subdivision elected to extend retirement coverage to the employee, unless the employee was a member or former member of a preexisting defined benefit plan maintained by that political subdivision. For purposes of this section, "political subdivision" means any entity authorized to participate in the retirement system pursuant to part 2 of this chapter.
(c)
This section does not apply to retired members of the retirement system or of a superseded system who return to service in a position covered by the retirement system, as provided in chapter 36, part 8 of this title that does not allow the retired member to accrue additional retirement benefits.
Amended by 2023 Tenn. Acts, ch. 476,s 2, eff. 5/17/2023.
Acts 2018 ch. 736, § 11.
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 8-35-114 - Classification and membership rights to continue as long as member remains in position for which rights originated

The classification and membership rights of any member or prior class member of the retirement system shall continue in force without interruption and remain applicable as long as such member remains in a position for which such classification originated.
Acts 1976, ch. 816, § 5; T.C.A., § 8-3903(11); Acts 1980, ch. 654, § 6.
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 8-35-117 - Employees of the University of Tennessee

Effective July 1, 1978, all former, present and future employees of the University of Tennessee shall be considered to be general employees of the state or teachers employed in state-supported institutions of higher education depending on their position with the university. Their membership in the retirement system shall be governed in accordance with the provisions affecting either general employees, teachers, or both.
Acts 1978, ch. 740, § 1; T.C.A., § 8-3903(15).
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 8-35-118 - Benefit improvement for higher education employees - Excluded benefits

(a)
The state shall pay the estimated increased pension liability resulting from a benefit improvement affecting general employees or employees at institutions of higher education participating in the retirement system by amortizing the unfunded accrued liability over a period of time not to exceed ten (10) years from the date that the benefit improvement is established.
(b)
For the purposes of this section, "benefit improvement" does not include the supplemental bridge benefit established pursuant to §
8-36-211
for members who are subject to mandatory retirement pursuant to §
8-36-205
.
Added by 2023 Tenn. Acts, ch. 132, s 2, eff. 7/1/2023.
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 8-35-119 - Employees of educational television stations

(a)
(1)
Any person who on June 30, 1983, is a state employee engaged in the administration or operation of a state-owned educational television station and who on or before July 1, 1986, without interruption of such state service becomes an employee of an educational television station transferred to the control of a local community agency, pursuant to [former] title 49, ch. 50, part 9 [repealed], may elect to remain a member of the state retirement system; provided, that:
(A)
Within ninety (90) days following the time at which employment of such person is transferred to the local community agency, such employee files with the board of trustees a notice of election to remain a member of the retirement system;
(B)
Such person continues to make the necessary employee contributions and does not subsequently become a member of a county or municipal employees' retirement system; and
(C)
The local community agency shall be responsible for all employer costs incurred as a result of the employee electing to remain a member of the retirement system.
(2)
Contributions shall be made at the same rate as employer contributions for state employees.
(b)
Any person who does not elect to remain a member of the retirement system within the time provided herein shall not thereafter be entitled to membership in the retirement system based upon such person's employment with the educational television network. Any person retiring from employment with a station covered by this section may not draw benefits and continue employment at a station covered by this section. It is further provided, that any person who does elect to remain a member within the required time, but who subsequently decides to withdraw from the retirement system, shall not be entitled to reenroll in the retirement system as long as such person continues in the employ of the educational television network.
(c)
The local community agency as the employer of any person electing to remain a member of the retirement system in accordance with [former] title 49, chapter 50, part 9 [repealed] is authorized to pay the employer contributions for any state funds received to implement [former] title 49, chapter 50, part 9 [repealed]. However, no additional funds shall be appropriated solely for the purpose of paying employer retirement costs. For the purposes of this section, the local agency shall be regarded as the employing agency of those persons electing to remain members of the retirement system and shall be responsible for the filing of any required reports.
Acts 1981, ch. 171, §§ 10, 11; 1983, ch. 399, § 1.
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 8-35-120 - Students

Any person who is defined as a student in accordance with chapter 34, part 1 of this title and any person engaged in advanced training in medicine or dentistry as an intern or resident shall not be eligible for membership in the retirement system. In any case of doubt, the board of trustees shall determine whether an employee is a student.
Acts 1981, ch. 387, § 2; 1990, ch. 835, § 2.
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 8-35-121 - Blind employees

(a)
Blind employees of workshops who are unclassified members of state service immediately preceding the implementation date of a contract under §
71-4-608
are eligible for membership in the Tennessee consolidated retirement system under the same conditions that apply to state employees. Such employees shall make the same contributions and shall be eligible for the same benefits as state employee members. Any other person, including persons employed or reemployed after the date a contractor assumes the management and operation of a workshop, who is not already a member of the retirement system shall not become a member of the retirement system.
(b)
Any employee eligible under subsection (a) may continue membership in the retirement system when the contractor assumes the management and operation of a workshop; otherwise, the employee may elect to withdraw from the retirement system and receive a refund of contributions. Such withdrawal constitutes a waiver of any right to reestablish such service at a future date based upon employment at a workshop.
(c)
If the contractor has a retirement plan for its employees, an employee who elects to participate in such plan may not participate in the Tennessee consolidated retirement system.
(d)
The contractor shall make normal contributions, special accrued liability contributions, and cost of living contributions, as determined by an actuarial valuation, in the same way as for state employee members, for each employee who elects to continue membership in the retirement system.
(e)
The contractor shall pay such contributions to the board of trustees of the retirement system according to a schedule set by the board and all benefits payable to employees of any such contractor shall be contingent upon the payment of the necessary contributions by the contractor and its employees.
(f)
The department of human services serves as administrative agent between the contractor and the Tennessee consolidated retirement system.
Acts 1982, ch. 863, § 4.
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 8-35-123 - Election by optional members to participate becomes irrevocable

For any person participating in the Tennessee consolidated retirement system pursuant to §§
8-35-101
,
8-35-103
, [former] 8-35-115 [repealed], 8-35-116, 8-35-122 [repealed], and 8-35-226, or as a state judge, county judge, county official, commissioner, county chair or attorney general whose membership in the retirement system is optional, and who thereafter elects to become a member, such election is irrevocable. Such member shall thereafter be subject to the same terms and conditions applicable to members whose participation is mandatory under this title as may be amended.
Acts 1987, ch. 54, § 11.
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 8-35-202 - Retirement laws which increase liabilities of participating political subdivisions

(a)
Whenever any retirement law is passed by the general assembly which does not affirmatively state that it has application to participating political subdivisions, and it is subsequently determined by the retirement division that such act or provisions thereof mandate increased liabilities to participating political subdivisions within the meaning of Constitution of Tennessee, Article II, § 24, compliance with such act or acts shall be optional to the political subdivisions.
(b)
Upon discovery by the retirement division that an enactment increases the liabilities of participating political subdivisions, notice of the effect of such enactment shall be given to the governing bodies of the political subdivisions by the retirement division as soon as practical.
(c)
The governing body of each political subdivision shall, upon notification of the effect of the law, advise the retirement division of its desire to be covered by the act.
(d)
All participating political subdivisions which do not elect to be covered by the enactment shall be excluded from the provisions thereof.
(e)
Notwithstanding this section or any other law to the contrary, whenever any retirement law is passed by the general assembly in chapters 34-37 of this title that does not increase the aggregate pension liability of all participating political subdivisions combined by more than one percent (1%), then each participating political subdivision shall be automatically covered by the law effective the January 1 next following the effective date of the applicable law, unless the governing body of the political subdivision files with the Tennessee consolidated retirement system a notice of that political subdivision's election not to be covered. The notice must be filed by no later than the November 1 next following the effective date of the applicable law. For purposes of this subsection (e), "political subdivision" means any employer participating in the Tennessee consolidated retirement system pursuant to §
8-35-116(b)
or this part.
Acts 1979, ch. 320, § 5; T.C.A., § 8-3934(1)(a); Acts 2004, ch. 631, § 4; 2008 , ch. 674, § 10.
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 8-35-204 - Membership by certain employees previously exercising option not to join

(a)
Notwithstanding anything to the contrary, any present employee or former employee, employed at any time within three (3) years prior to the participation date of the employer, by an employer admitted as provided in §§
8-35-201
,
8-35-202
,
8-35-215
and
8-35-216
shall be eligible for membership in the Tennessee consolidated retirement system.
(b)
(1)
Before such service can be established, the actuary of the Tennessee consolidated retirement system shall determine the amount of unfunded accrued liability for the political subdivision.
(2)
Such member shall be entitled to credit for such periods of previous service actually rendered to such employer or its predecessor which are approved by a resolution legally adopted by a two-thirds (2/3) vote of the chief legislative body and for which the employer is willing to make accrued liability contributions based on information prepared in the actuarial study for such political subdivision.
(3)
Such employee shall make contributions for any such period of prior service in an amount equal to the amount such employee would have contributed had such employee been a member during such time, plus interest at the rate provided for in §
8-37-214
.
(4)
Thereafter, such service for an employee on account of which contributions have been made shall be considered as creditable service.
Acts 1977, ch. 319, § 1; T.C.A., § 8-3934(2); Acts 1980, ch. 654, § 14; 2010 , ch. 777, § 3.
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 8-35-205 - Information to be furnished concerning employees

The chief fiscal officer of the employer and the heads of its departments shall submit to the board such information and shall cause to be performed in respect to the employees of the employer such duties as shall be prescribed by the board in order to carry out chapters 34-37 of this title.
Acts 1972, ch. 814, § 10; T.C.A., § 8-3934(3).
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 8-35-207 - Option to exclude or include cost-of-living benefits in retirement plan

(a)
Any political subdivision which elects to authorize all its employees to become members of the retirement system after June 30, 1978, shall have the option to exclude from their retirement benefit plan cost-of-living benefits as provided by §
8-36-701
on account of retired employees of the employer.
(b)
It is further provided that the chief legislative body of any political subdivision employer may elect at a later date to provide cost-of-living benefits in accordance with §
8-36-701
by legally adopting a resolution for an actuarial study and thereafter by legally adopting a resolution approved by a two-thirds (2/3) majority of the governing body to accept the associated liability and costs to provide such benefits. This increase in benefits will become effective the following July 1 after the adoption of the resolution. No retroactive benefits are to be paid under this subsection (b).
Acts 1978, ch. 741, § 9; T.C.A., § 8-3934(4)(b); Acts 1986, ch. 553, § 8.