reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 8 - POST-EMPLOYMENT BENEFITS (§§ 8-27-801 — 8-27-807) › Section 8-27-803 - Trusts to be irrevocable - Administration of trusts - Protection of trust assets, income and distributions

(a)
Any trust created under this part shall be an irrevocable trust and the assets thereof shall be preserved, invested and expended solely pursuant to and for the purposes of this part and shall not be loaned or otherwise transferred or used for any other purpose. The assets of the trust or trusts shall be expended solely to:
(1)
Make payments for other post-employment benefits pursuant to and in accordance with terms of the state's post-employment benefit plans;
(2)
Make payments for other post-employment benefits pursuant to and in accordance with the terms of certain local education agencies' post-employment benefits plans, at the discretion of and subject to requirements established by the trustees; and
(3)
Pay the cost of administering the trust.
(b)
The state treasurer shall administer any trust created under this part. The attorney general and reporter shall approve the terms of any trust created under this part.
(c)
Any investment trust so created shall have the powers, privileges and immunities of a corporation; and all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.
(d)
Notwithstanding any law to the contrary, all assets, income and distributions of the investment trust shall be protected against the claims of creditors of the state, plan administrators, and plan participants, and shall not be subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws or other process whatsoever, nor shall any assignment thereof be enforceable in any court.
Amended by 2018 Tenn. Acts, ch. 631,s 7, eff. 4/2/2018.
Added by 2015 Tenn. Acts, ch. 426,s 5, eff. 5/18/2015.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 8 - POST-EMPLOYMENT BENEFITS (§§ 8-27-801 — 8-27-807) › Section 8-27-804 - Initial funding of trust - Disposition of unexpended funds - Commingling of funds transferred to trust

(a)
The initial funding of any trust created under this part for state employees and their beneficiaries shall be from appropriations made in the general appropriations act for such purpose. Initial funding for a trust created for authorized local education agency employees and their beneficiaries may come from appropriations made in the general appropriations act for such purpose or other sources as authorized by the trustees.
(b)
Unexpended funds remaining in any trust or trusts created under this part in any fiscal year shall not revert to the general fund;
(c)
The funds transferred to any trust created under this part may be commingled with, co-invested with, and invested or reinvested with other assets transferred to the trust or trusts. All or a portion of the trust or trusts may be invested, reinvested and co-invested with other funds, not a part of the trust or trusts, held by the state treasurer, including, but not limited to, assets of the Tennessee consolidated retirement system and the state pooled investment fund established pursuant to title 9, chapter 4, part 6. The state treasurer shall account for such trust funds in one (1) or more separate accounts in accordance with this section and other law.
Amended by 2018 Tenn. Acts, ch. 631,s 8, eff. 4/2/2018.
Added by 2015 Tenn. Acts, ch. 426,s 5, eff. 5/18/2015.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 8 - POST-EMPLOYMENT BENEFITS (§§ 8-27-801 — 8-27-807) › Section 8-27-805 - Powers of trustees

In addition to the powers granted by any other provisions of this part, the trustees shall have the powers necessary or convenient to carry out the purposes and provisions of this part and the purposes and objectives of the investment trust or trusts, including, but not limited to, the following express powers:
(1)
To invest any funds of the trust in any instrument, obligation, security, or property that constitutes legal investments, as provided in the investment policy adopted pursuant to §
8-27-802(b)
;
(2)
To contract for the provision of all or any part of the services necessary for the management and operation of the investment trust;
(3)
To contract with financial consultants, auditors, and other consultants as necessary to carry out its responsibilities under this part;
(4)
To contract with an actuary or actuaries in determining the level of funding necessary by the state or certain local education agencies, if authorized by the trustees, to fund the other post-employment benefits offered by the subdivision;
(5)
To prepare annual financial reports, including financial statements following the close of each fiscal year relative to the activities of the trust or trusts. The statements and reports shall be prepared in accordance with the governmental accounting standards board. The annual report, including financial statements, all books, accounts and financial records of any trust created under this part shall be subject to audit by the comptroller of the treasury.
Amended by 2018 Tenn. Acts, ch. 631, s 9, eff. 4/2/2018.
Added by 2015 Tenn. Acts, ch. 426, s 5, eff. 5/18/2015.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 8 - POST-EMPLOYMENT BENEFITS (§§ 8-27-801 — 8-27-807) › Section 8-27-806 - Part does not grant rights or privileges to other post-employment benefits

Nothing in this part shall be construed to define or otherwise grant any rights or privileges to other post-employment benefits. The rights and privileges, if any, shall be governed by the terms of the state's or the local education agency's post-employment benefit plans.
Amended by 2018 Tenn. Acts, ch. 631, s 10, eff. 4/2/2018.
Added by 2015 Tenn. Acts, ch. 426, s 5, eff. 5/18/2015.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 8 - POST-EMPLOYMENT BENEFITS (§§ 8-27-801 — 8-27-807) › Section 8-27-807 - Participation in other post-employment investment trust

Nothing in this part prohibits a local education agency from participating in any other post-employment benefits investment trust created pursuant to chapter 50, part 12 of this title.
Acts 2018 , ch. 661, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 9 - SELF-FUNDED PLAN OF INSURANCE (§§ 8-27-901 — 8-27-910) › Section 8-27-902 - Plan document contents - SPD contents

(a)
The plan document must include:
(1)
The name of the plan administrator and the designation of any named fiduciaries other than the plan administrator under the claims procedure for deciding benefit appeals;
(2)
A description of the benefits provided;
(3)
The standard of review for benefit decisions;
(4)
Who is eligible to participate, which includes designating classes of employees, establishing an employment waiting period prior to eligibility for plan participation, designating the hours per week an employee must work in order to be eligible for plan participation, and establishing tiers of coverage;
(5)
How much the primary insured must pay towards the cost of each tier of coverage;
(6)
The plan sponsor's amendment and termination rights and procedures and how plan assets will be distributed if the plan is terminated;
(7)
Rules restricting and regulating the use of personal health information (PHI), if the plan sponsor uses PHI;
(8)
Subrogation, reimbursement, coordination of benefits, and offset provisions;
(9)
Procedures for allocating and designating administrative duties to a TPA or committee;
(10)
To the extent the plan has assets, the manner in which it is funded;
(11)
Information regarding COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985 (
42 U.S.C. § 300bb-1
et seq.)), HIPAA (Health Insurance Portability and Accountability Act of 1996 (
42 U.S.C. § 1320d
et seq.)), and other federal mandates;
(12)
Preexisting condition exclusions;
(13)
Special enrollment rules;
(14)
Mental health parity;
(15)
Coverage for adopted children and domestic partners;
(16)
Qualified medical support orders; and
(17)
Minimum hospital stays following childbirth.
(b)
The summary plan description must include, at a minimum:
(1)
A summary description of all benefits and costs to insureds under the plan, including co-pays, deductibles, and premiums for different tiers of coverage, if applicable;
(2)
A list of eligible plan participants;
(3)
Contact information for the administrator;
(4)
Contact information for the sponsor;
(5)
A mailing address for each type of notice required by this part; and
(6)
A copy of any forms required by the plan or by this part.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 9 - SELF-FUNDED PLAN OF INSURANCE (§§ 8-27-901 — 8-27-910) › Section 8-27-904 - Plan participant rights and duties

(a)
By accepting payment of benefits pursuant to a plan authorized by this part, a plan participant has assigned to the plan the right of third-party insurance benefits or other recovery rights to which the plan participant may be entitled, which must be noted in plain language in the SPD.
(b)
By accepting payment of benefits pursuant to a plan authorized by this part, a plan participant acknowledges the plan's right to reimbursement, which must be noted in plain language in the SPD.
(c)
A plan under this part may deem a plan participant ineligible for continued or future coverage under the plan, if the plan participant:
(1)
Receives payment from a third-party tortfeasor, third-party insurer, third party for medical payments, or other individual or entity originally paid by the plan for the benefit of, or on behalf of, the plan participant; and
(2)
Fails or refuses to promptly reimburse the plan for the amounts paid by the plan.
(d)
A plan shall not remove a plan participant under a plan pursuant to subsection (c) unless the plan or administrator provides the primary insured with written notice of intent to remove the plan participant. The plan or administrator shall send the notice at least ninety (90) days prior to the date the plan participant will lose benefits under the plan by certified mail with signed or electronic receipt. To be effective the notice must at a minimum include:
(1)
The name of the plan participant to be removed from the plan;
(2)
The date the plan participant will cease to be covered under the plan;
(3)
The reason for removal from the plan;
(4)
The name, title, phone number, mailing address, and email address of an individual with the authority to cancel or change the plan participant's removal, if the removal violates the terms of the plan, or as the sponsor permits.
(e)
The plan shall not prevent a provider from receiving payment for services already rendered to a provider even if the plan participant is removed from participation in a plan pursuant to subsection (c). However, this subsection (e) does not require the plan to pay benefits to medical services providers if the benefits have already been paid to a plan participant.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 9 - SELF-FUNDED PLAN OF INSURANCE (§§ 8-27-901 — 8-27-910) › Section 8-27-905 - Third parties

(a)
A third party, upon receiving a request from a plan, shall provide information identifying persons covered by third parties for medical services. As a condition of doing business in this state or providing coverage to residents of this state, and subject to subsection (c), a third-party for medical services shall, upon request from a plan or an administrator, electronically provide full eligibility files that contain information to determine the period a plan participant may be or may have been covered by the third party. The eligibility files must include the nature of the coverage that is or was provided by the third party; the name, address, date of birth, social security number, group number, and identifying number of the plan under which the plan participant may receive benefits; and the effective and termination dates for the coverage.
(b)
A third party is not liable to a policyholder for proper release to a plan or an administrator of the information contained in the eligibility files provided pursuant to subsection (a).
(c)
The third party shall provide the eligibility files pursuant to subsection (a) upon receipt of written request from a plan or an administrator with the third party establishing confidentiality requirements for the information. The plan or administrator may serve the request on the third party electronically or by mail.
(d)
Third parties shall respond to all written inquiries by a plan regarding a claim for payment for any healthcare item or service that are submitted not later than three (3) years after the date of the provision of the healthcare item or service, or within three (3) years of conclusion of litigation. Third parties shall respond to a plan's or administrator's request for payment by providing payment on the claim, a written request for additional information with which to process the claim, or a written reason for denial of the claim within ninety (90) days of receipt of written proof of loss or claim for payment for healthcare services provided to, for the benefit of, or on behalf of, a plan participant. Such response from a third-party notice may be sent to the plan electronically if the plan administrator has provided an email address or other electronic means of communication, or by certified mail with either a return signature or electronic receipt. Notwithstanding title 56, a failure to pay or deny a claim within one hundred eighty (180) days after receipt of the claim constitutes a waiver of any objection to the claim and an obligation to pay the claim.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 9 - SELF-FUNDED PLAN OF INSURANCE (§§ 8-27-901 — 8-27-910) › Section 8-27-907 - Limitations

If a plan participant initiates suit against a plan or administrator for any action taken on behalf of the plan with respect to benefits under the plan, recovery is limited to accrued benefits due under the terms of the plan, a declaratory judgment on entitled-to benefits, or an injunction against a plan's or administrator's improper refusal to pay benefits. Relief under this section does not include damages, but it may include reasonable attorney's fees.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 9 - SELF-FUNDED PLAN OF INSURANCE (§§ 8-27-901 — 8-27-910) › Section 8-27-908 - Intent of general assembly

It is the intention of the general assembly that §§
8-27-905
- 8-27-907 be used in lieu of application of the "made whole" doctrine for any recovery authorized under this part. Sections
8-27-905
- 8-27-907 apply to cases that have been settled when no lawsuit has been filed.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 27 - GROUP INSURANCE FOR PUBLIC OFFICERS AND EMPLOYEES (§§ 8-27-NEW — 8-27-910) › Part 9 - SELF-FUNDED PLAN OF INSURANCE (§§ 8-27-901 — 8-27-910) › Section 8-27-909 - Request by plan participant for plan document

The plan document must be made available to all plan participants for review, either electronically or in printed format, upon a plan participant's request.
Added by 2021 Tenn. Acts, ch. 360, s 3, eff. 7/1/2021.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 1 - GENERAL PROVISIONS (§§ 8-30-101 — 8-30-108) › Section 8-30-102 - Application of chapter

(a)
Except as provided in subsection (b), this chapter applies to all personnel in state service. "State service" means all officers and positions of trust or employment in the service of state government in the executive branch and all boards, commissions and agencies of state government, except those specifically excluded in this chapter.
(b)
This chapter does not apply to the following:
(1)
The legislative branch of state government including, but not limited to, employees of the fiscal review committee, and employees of any other committee, office or other entity created pursuant to law or resolution of either house of the general assembly for the purpose of serving either or both houses of the general assembly in executing its duties under the constitution of Tennessee;
(2)
The judicial branch of state government including, but not limited to, employees of the administrative office of the courts;
(3)
The office of the secretary of state;
(4)
The office of the state treasurer;
(5)
The office of the comptroller of the treasury;
(6)
The office of the attorney general and reporter;
(7)
The offices of the district attorneys general and the district public defenders;
(8)
The schools, institutions, and entities governed by the state university boards, the board of regents, and the board of trustees of the University of Tennessee, including the members of the teaching staffs and the staffs of the boards themselves; and only certified professional employees of the Tennessee School for the Blind, Tennessee School for the Deaf, West Tennessee School for the Deaf, Alvin C. York Institute, and any other special school hereafter established;
(9)
Any administrative boards and commissions, or any other officers or employees, attached to the entities listed in subdivisions (b)(1)-(8) for administrative purposes;
(10)
The Tennessee higher education commission and all employees of that commission;
(11)
All employees of the Tennessee advisory commission on intergovernmental relations;
(12)
The Tennessee housing development agency and all employees of that agency; and
(13)
All employees of the Tennessee rehabilitative initiative in correction board.
(c)
The commissioner shall, upon request of the heads of any of the excluded entities enumerated in subsection (b), perform any of the functions set forth in this chapter. Such a request shall not be deemed to make this chapter applicable to those entities.
Amended by 2018 Tenn. Acts, ch. 602,s 1, eff. 3/23/2018.
Amended by 2014 Tenn. Acts, ch. 755,s 1, eff. 4/22/2014.
Acts 2012, ch. 800, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 1 - GENERAL PROVISIONS (§§ 8-30-101 — 8-30-108) › Section 8-30-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Appointing authority" means a commissioner, department, officer or agency having power to make appointments to, and separations from, positions in state service;
(2)
"Board of appeals" refers to the state employees' appeals board established by §
8-30-108
of this chapter;
(3)
"Class" or "class of positions" means a group of positions in state service determined by the commissioner to have sufficiently similar duties, authority, and responsibility such that:
(A)
The same qualifications may be reasonably required for; and
(B)
The same schedule of pay may be equitably applied to;
all positions in the group;
(4)
"Commissioner" refers to the commissioner of human resources appointed under §
8-30-104
;
(5)
"Department" refers to the department of human resources pursuant to §
8-30-104
. The term includes the commissioner;
(6)
[Deleted by 2022 amendment.]
(7)
"Executive service" means all other positions that have not been placed under the preferred service and as are described in §
8-30-202
;
(8)
[Deleted by 2022 amendment.]
(9)
[Deleted by 2022 amendment.]
(10)
"Official station" means the town or city where the employee performs a majority of the employee's duties;
(11)
"Preferred service" means all offices and positions of employment in the state service that have been placed under the preferred service provisions of this chapter;
(12)
"State agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality in state service that is subject to this chapter; and
(13)
"State service" shall have the same meaning assigned in §
8-30-102(a)
.
Amended by 2022 Tenn. Acts, ch. 655, s 28, eff. 7/1/2022.
Acts 2012 , ch. 800, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 1 - GENERAL PROVISIONS (§§ 8-30-101 — 8-30-108) › Section 8-30-105 - Rules have force and effect of law

Rules adopted under this chapter shall have the force and effect of law, and may include any provision relating to state employment consistent with the laws of this state, which may be necessary or appropriate to give effect to the provisions and purposes of this chapter.
Acts 2012, ch. 800, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 1 - GENERAL PROVISIONS (§§ 8-30-101 — 8-30-108) › Section 8-30-106 - Powers of department

To carry out the purposes of this chapter, the department may do the following:
(1)
Contract with persons outside the department as the commissioner deems necessary;
(2)
Administer oaths;
(3)
Issue subpoenas to compel the attendance of witnesses and the production of documents related to any investigation or hearing authorized by this chapter and secure enforcement of such subpoenas by petition to the chancery court of Davidson County; and
(4)
Maintain such action or proceeding at law or in equity as the commissioner considers necessary or appropriate to secure compliance with this chapter and the rules, regulations and orders issued hereunder.
Acts 2012, ch. 800, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 1 - GENERAL PROVISIONS (§§ 8-30-101 — 8-30-108) › Section 8-30-107 - Compliance with chapter - Penalty

(a)
All officers and employees of the state shall comply with this chapter and the rules, regulations and orders established pursuant to this chapter, unless a specific exemption applies.
(b)
A state officer or employee who fails to comply with any provision of this chapter or with any rule, regulation or order thereunder commits a Class C misdemeanor.
Acts 2012, ch. 800, § 8.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-201 - Division of state service into preferred service and executive service

State service is divided into the preferred service and executive service.
Acts 2012, ch. 800, § 10.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-202 - Executive service positions - Preferred service positions - Determination of equivalent positions

(a)
The following positions shall be executive service positions:
(1)
Any officer or employee appointed by the governor and all positions in the governor's office;
(2)
Any deputy commissioner or equivalent authority in each department or state agency;
(3)
Any assistant commissioner or equivalent authority in each department or state agency;
(4)
Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33;
(5)
The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on:
(A)
The development of policy goals; or
(B)
The implementation of policy;
(6)
The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions:
(A)
Public information and legislative affairs;
(B)
Fiscal, budget and audit matters;
(C)
Security or internal affairs;
(D)
Information technology systems; and
(E)
Human resources;
(7)
A clinical director, medical director, or other licensed physician;
(8)
A licensed attorney engaged in the practice of law and representing the state in such capacity;
(9)
Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and
(10)
An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive.
(b)
An employee in the executive service is an employee at will and serves at the pleasure of the employee's appointing authority.
(c)
All other full-time positions in state service shall be in the preferred service.
(d)
An employee becomes a member of the preferred service upon successful completion of the probationary period under this chapter.
(e)
Preferred service employees include any commissioned member of the department of safety, below the rank of captain, serving in the capacity of executive security, who has been so certified by the commissioner of safety to the commissioner of human resources.
(f)
The commissioner shall determine equivalent levels for the purpose of assigning positions not specifically addressed in subsection (a) to the preferred or executive service. Such determination may be based on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any department, implementation of this provision shall not jeopardize federal funding resources.
Amended by 2020 Tenn. Acts, ch. 623, Secs.s2, s3 eff. 7/1/2020.
Amended by 2020 Tenn. Acts, ch. 623, s 1, eff. 7/1/2020.
Acts 2012 , ch. 800, § 11.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-203 - Determination of authority, duties and responsibilities of state preferred service positions - Classification plan - Role of commissioner - Statement of minimum qualifications - Upgrades in classification plan

(a)
The commissioner, after consulting with appointing authorities and other qualified authorities, shall determine, or cause to be determined, the authority, duties, and responsibilities of all positions in the state preferred service.
(b)
The commissioner shall prepare a classification plan that groups all positions in the preferred service in classes, based on the authority, duties, and responsibilities of each position. The classification plan must set forth, for each class of positions, the class title and a statement of the authority, duties, and responsibilities of the class. Each class of positions may be subdivided, and classes may be grouped and ranked in such manner as the commissioner considers appropriate.
(c)
The commissioner shall periodically:
(1)
Review the positions in the state preferred service; and
(2)
Reallocate the positions to the proper classes based on the duties and responsibilities of the positions at the time of the review under subdivision (c)(1).
(d)
The commissioner shall also prepare a statement of minimum qualifications for each class of positions in the preferred service.
(e)
When any position classification is upgraded in the classification plan, all employees in that position classification shall receive any necessary salary adjustment so that the employee's salary does not fall below the minimum range of the classification.
Acts 2012, ch. 800, § 12.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-204 - Commissioner approval for establishing new preferred service position or making material change

Before establishing a new position in the preferred service or making a material change in the authority, duties, or responsibilities of a position in such service, an appointing authority shall receive approval from the commissioner in writing.
Acts 2012, ch. 800, § 13.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-205 - Changes in classification plan

The commissioner may, at any time, allocate any new position to a class, or change the allocation of any position to a class, or make changes in the classification plan. If any change is made in the classification plan by which a class of positions is divided, altered, or abolished, or the classes are combined, the commissioner shall reallocate the positions and/or the affected employee to the appropriate class.
Acts 2012, ch. 800, § 14.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-206 - Approval required for classification title - Use of working job titles

No person shall be appointed to or employed in a position in the preferred service under a classification title that has not been approved by the commissioner as appropriate to the duties to be performed. Nothing in this section prohibits the use of working job titles assigned by the appointing authority.
Acts 2012, ch. 800, § 15.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-208 - State compensatory time

The commissioner shall establish guidelines for the accumulation and use of state compensatory time not governed by the Fair Labor Standards Act (
2 U.S.C. § 1313
, et seq.). Employees who accumulate the maximum number of hours of state compensatory time or more shall be paid for each additional hour of overtime worked based on that employee's hourly wage. Payment shall be made at the end of each pay period for eligible hours accumulated during the previous pay period.
Acts 2012, ch. 800, § 17.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-209 - Assignment to higher level classification - Approval - Duration - Compensation

No preferred service employee shall be assigned to perform the majority of the duties and responsibilities of a position in a higher level classification than that of the position occupied by the employee, without the approval of the appointing authority. When an employee is so assigned, the duration of such assignment may not exceed ninety (90) days without the approval of the commissioner. The commissioner, in consultation with the commissioner of finance and administration, shall establish a procedure under which an employee who is assigned to perform the majority of the duties and responsibilities of a higher level classification for a period in excess of ninety (90) days shall receive additional compensation for such assignment.
Acts 2012, ch. 800, § 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-210 - Certification of payroll voucher or account

(a)
No employee may receive payment, unless the commissioner or the commissioner's agent has certified that the employee has been appointed and employed in accordance with this chapter and the rules, regulations and orders issued thereunder.
(b)
If the commissioner wrongfully withholds certification of the payroll voucher or account of any employee, the employee may maintain a proceeding in a court of record to compel the commissioner to certify such payroll voucher or account.
Acts 2012, ch. 800, § 19.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 2 - PREFERRED AND EXECUTIVE SERVICE (§§ 8-30-201 — 8-30-211) › Section 8-30-211 - Recovery of moneys unlawfully paid

(a)
The commissioner may bring an action to recover any sum paid contrary to any provision of this chapter or of any rule, regulation or order thereunder from:
(1)
Any employee who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check or warrant for such payment;
(2)
The sureties on the official bond of any such officer; or
(3)
Any employee who incorrectly or improperly received any payment from the state.
(b)
All moneys recovered in any such action shall be paid into the state treasury.
Acts 2012, ch. 800, § 20.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-301 - Commissioner's duties to inform prospective applicants - Hiring requirements - Assessments confidential

(a)
The commissioner shall inform prospective applicants for state employment of the process for obtaining state employment.
(b)
The commissioner shall give public notice of a job opening at least one (1) week prior to the closing of the application period.
(c)
The commissioner shall include the duties of, and pay for, the position or the class, the qualifications required for such position, and any other information that the commissioner considers pertinent and useful. The notice shall also state the requisite assessment method.
(d)
All assessments administered by the department, the total bank of questions from which such assessments were developed and the answers thereto shall be confidential and shall not be public records or state records open for public inspection in accordance with §
10-7-503
.
Acts 2012 , ch. 800, § 22.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-302 - Reassignment of executive service position to preferred service - Commissioner certification of minimum qualifications

(a)
If an executive service position is reassigned to the preferred service, the incumbent employee may, within one (1) year, be given a noncompetitive assessment in a manner prescribed by the commissioner.
(b)
(1)
The commissioner shall certify whether each employee has met the minimum qualifications to retain the position. Upon certification, the employee shall be classified as a preferred service employee.
(2)
An employee who is not certified shall be dismissed from the position as soon as is practicable, but no later than sixty (60) days after certification, unless the appointing authority notifies the commissioner that the employee has rendered satisfactory service and should be retained.
Acts 2012, ch. 800, § 23.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-303 - Assessments to establish lists of pools of candidates - Substitution of working test period for applicant with disability - Written notification of results - Corrections of errors in assessment results

(a)
(1)
The commissioner shall, from time to time, conduct the assessments that the commissioner considers necessary for the purpose of establishing pools of candidates.
(2)
The assessments shall be competitive and shall be designed to determine the qualifications, fitness and ability of the applicant to perform the duties of the class of positions for which a pool is to be established. The assessment may consist of a written, oral, or physical exam, or a demonstration of skills, or any combination of such types. The assessment may also consist of an evaluation of education, experience, skill, ability, competency, knowledge, aptitude, capacity, character, and other qualifications as, in the judgment of the commissioner, may determine and measure the relative ability of the applicant.
(3)
No part of an assessment shall be framed to elicit information concerning the race, color, national origin, gender, age, disability, religion or creed, or political opinions or affiliations of an applicant.
(4)
An assessment may be used in lieu of an interview by the commissioner or an appointing authority to satisfy any requirements of this chapter. If an assessment is used in lieu of an interview, notice of such use may be included in the job announcement.
(b)
The commissioner may substitute a working test period in lieu of a written assessment for an applicant with a disability, who has been certified as unable to perform such a test by the department. The working test period shall not exceed one (1) year.
(c)
The commissioner shall notify each applicant in writing of the results of the assessment as soon as reasonably practicable.
(d)
A manifest error in the assessment result shall be corrected, if called to the attention of the commissioner within one (1) month after the establishment of the pool of candidates. The correction, however, shall not invalidate any appointment previously made from such pool.
Amended by 2022 Tenn. Acts, ch. 655, Secs.s2, s3 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 655, s 1, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 469, s 1, eff. 7/1/2017.
Acts 2012 , ch. 800, § 24.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-304 - Rejection of applicants - Notification of rejection

(a)
The commissioner may reject the application of any person for admission to an assessment or may strike the name of a person from a pool, if the department determines that the applicant:
(1)
Lacks any of the required qualifications;
(2)
Is incapable of performing the essential functions of the position that the applicant is seeking;
(3)
Has been convicted of a crime rendering the applicant unsuitable for a particular position;
(4)
Has been dismissed for cause from state service;
(5)
Has made a false statement of a material fact; or
(6)
Committed or attempted to commit a fraud or deception in connection with submitting an application or attempting to secure an appointment to state service.
(b)
Any person whose name is removed from a pool of candidates for any reason shall be notified.
Amended by 2022 Tenn. Acts, ch. 655, s 4, eff. 7/1/2022.
Acts 2012 , ch. 800, § 25.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-305 - Establishment and maintenance of pool of candidates

(a)
The commissioner shall establish and maintain a pool of candidates for the various classes of positions as the commissioner deems necessary or desirable to meet the needs of the service.
(b)
At the time a pool of candidates is established, the commissioner shall determine the period during which such pool shall remain in force.
(c)
No person who is required to register for the federal draft under 50 U.S.C. Appx. § 453 shall be eligible for employment with the state of Tennessee until such person has registered for such draft.
Amended by 2022 Tenn. Acts, ch. 655, s 6, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 655, s 5, eff. 7/1/2022.
Acts 2012 , ch. 800, § 26.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-306 - Filling position in preferred service proposed by appointing authority

(a)
(1)
Whenever an appointing authority proposes to fill a position in the preferred service, the authority shall submit to the commissioner a statement showing the position to be filled, the duties for such position, the official station, the minimum qualifications and preferred skill, abilities, competencies and knowledge of the person to be appointed.
(2)
The commissioner shall refer a pool of candidates who meet the minimum qualifications for the position.
(3)
An appointing authority shall offer an invitation to interview to a minimum of three (3) applicants from the referred pool of candidates, if three (3) or more applicants are in the pool. If fewer than three (3) applicants are in the pool of candidates, then the appointing authority shall invite each person in the pool to interview.
(4)
Within thirty (30) calendar days after being referred a pool of candidates, the appointing authority shall appoint one (1) of the applicants in the pool of candidates.
(b)
Upon the request of the appointing authority, the commissioner may establish employment, promotional, unit, divisional or any other pool of candidates as deemed necessary or appropriate.
(c)
If the official station of the vacancy to be filled is permanently located outside the geographic boundaries of the state, then the appointing authority may fill the vacancy without complying with subsections (a) and (b).
(d)
In applying this chapter, no person shall give any weight to political opinions or affiliation. No person holding a position in the preferred service shall solicit, directly or indirectly, or require any other person to solicit, directly or indirectly, donations or contributions for any political party, candidate, cause or purpose in order to acquire or deny a position in state service or to materially affect the retention, promotion or demotion of any employee in state service.
Amended by 2022 Tenn. Acts, ch. 655, Secs.s8, s9, s10 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 655, s 7, eff. 7/1/2022.
Acts 2012 , ch. 800, § 27.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-307 - Invitations to interview candidates who are armed forces veterans - Preference to veterans - Spouse or surviving spouse of veteran

(a)
When invitations to interview candidates are extended, whether for appointment or promotion, and the pool of candidates includes any person who has been honorably discharged from the army, navy, air force, marine corps or coast guard or any member of the reserve components, as defined in
10 USC § 10101
, who performs active federal service in the armed forces of the United States, these persons must be invited to interview.
(b)
If a veteran is on the pool of candidates, and if the minimum qualifications and the skills, abilities, competencies and knowledge of the veteran and any another applicant being interviewed for the position are equal, preference shall be given to the veteran for the position.
(c)
When invitations to interview candidates are extended, whether for appointment or promotion, the spouse or surviving spouse of a veteran must be invited to interview, if the spouse or surviving spouse is a qualified voter in Tennessee or has been a resident of this state for two (2) years preceding such person's application, and one (1) of the two (2) following circumstances exists:
(1)
As a result of such military service, the veteran suffered a one hundred percent (100%) service-connected disability or is permanently and totally disabled; or
(2)
(A)
The veteran died in the line of duty during such military service; and
(B)
The surviving spouse has not remarried since the death of the veteran.
(d)
Any appointing authority who passes over an eligible veteran and selects an eligible nonveteran shall file with the commissioner, within thirty (30) days, the reasons for so doing, which reasons will become a part of the veteran's record, but will not be made available to anyone other than the veteran, except in the discretion of the appointing authority.
Amended by 2022 Tenn. Acts, ch. 655, s 11, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 771, s 1, eff. 7/1/2018.
Acts 2012 , ch. 800, § 28.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 30 - STATE SERVICE (§§ 8-30-101 — 8-30-407) › Part 3 - STATE EMPLOYMENT (§§ 8-30-301 — 8-30-321) › Section 8-30-308 - Probationary period of employment for preferred service employees

(a)
Every person appointed to a position in the preferred service shall be subject to a probationary period of employment. The probationary period shall commence immediately upon appointment and shall continue for such time, not less than one (1) year, as shall be established by the commissioner. At any time during the employee's probationary period the appointing authority may remove the employee if, in the opinion of the appointing authority, the employee's performance or conduct during the probationary period indicates that such employee is unable or unwilling to satisfactorily perform or is not satisfactorily performing the employee's duties, or that the employee's habits, dependability, or conduct do not merit continuance in the service.
(b)
During the last month of an employee's probationary period, the appointing authority shall notify the commissioner in writing whether the performance and conduct of the employee have been satisfactory and whether continued employment is recommended.
(c)
An employee in the preferred service who accepts another preferred service position within the same state agency shall serve a subsequent probationary period for a time period of not less than one (1) year. An employee serving a subsequent probationary period may appeal a suspension, demotion, or separation from service; provided, that an employee shall not appeal a demotion that returns the employee to the employee's immediately preceding former position.
Amended by 2018 Tenn. Acts, ch. 792,s 1, eff. 4/20/2018.
Acts 2012, ch. 800, § 29.