reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF STATE EMPLOYEES (§§ 8-3501 — 8-3518) › Section 8-3510 - Restoration of disability beneficiary to active service

After the time mentioned in § 8-3452, a disability beneficiary restored to active service, at a salary less than the average compensation upon the basis of which he was retired, shall not become a member of the retirement system unless and until such salary is increased to an amount equal to or greater than the average compensation upon the basis of which he was retired on a disability allowance.
Should any disability beneficiary under his minimum service retirement age be restored to service at a salary equal to or greater than his average compensation upon the basis of which he was retired, his retirement allowance shall cease, he shall again become a member of the retirement system and may elect either class A or class B membership unless he previously was a class A member in which case he shall become a class A member. Any prior service certificate on the basis of which his service was computed at the time of his retirement shall be restored to full force and effect, and in addition upon his subsequent retirement he shall be credited with all of his service as a member, but his retirement allowance payable prior to his minimum retirement age shall not be less than the retirement allowance payable prior to his restoration to service and if he is restored to active service on or after the attainment of the age of fifty (50) years, his retirement allowance upon subsequent retirement shall not exceed the sum of the retirement allowance which he was receiving immediately prior to his last restoration and the retirement allowance that he would have received on account of his service since his last restoration had he entered service at the time as a new entrant.
Until such time as this section becomes effective as provided in § 8-3452, § 8-3510 of the Tennessee Code as enacted by chapter 6 of the Public Acts of 1955, prior to amendment, shall remain in full force and effect.
Acts 1947, ch. 231, § 12; C. Supp. 1950, § 1034.76 (Williams, § 1034.48); Acts 1957, ch. 373, §§ 13, 14; 1961, ch. 186, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF STATE EMPLOYEES (§§ 8-3501 — 8-3518) › Section 8-3511 - Election between disability and retirement allowance

No person shall be eligible for both disability and retirement allowance, but persons who may be qualified for both shall be entitled to elect between them.
Acts 1949, ch. 144, § 3; C. Supp. 1950, § 1034.75 (Williams, § 1034.47).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF STATE EMPLOYEES (§§ 8-3501 — 8-3518) › Section 8-3512 - Reduction of allowance for contributions in default

In the case any member whose compensation is not paid exclusively out of state funds if any contribution, or contributions, which should be made are not made, then the service or disability retirement allowance to which such employee would have been entitled, in case there had been no default, shall be reduced by that portion which the amount of defaulted contribution bears to the total amount of contributions which should have been paid.
Acts 1947, ch. 231, § 13; C. Supp. 1950, § 1034.77 (Williams, § 1034.49).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF STATE EMPLOYEES (§§ 8-3501 — 8-3518) › Section 8-3514 - Death of member after retirement

Upon the death of a member after retirement, any balance of his accumulated contributions, at the time of his retirement, remaining after deductions of the total retirement benefits received by him shall be paid to his designated beneficiary, or, if no beneficiary is specified, to the executor or administrator of his estate. Provided, however, that if the amount payable shall be two hundred fifty dollars ($250) or less, it may be paid to the next of kin in the absence of designation of a beneficiary.
Provided further, however, should the board find in the case of a member who retired due to disability prior to October 1, 1957, and who died before September 30, 1964, the amount of his pension payable to him prior to his death shall be payable thereafter to his widow during her unremarried lifetime, provided the widow is not receiving widow's benefits payable under the Social Security Act.
Acts 1947, ch. 231, § 14; 1949, ch. 144, § 4; C. Supp. 1950, § 1034.78 (Williams, § 1034.50); Acts 1951, ch. 69, § 2; 1969, ch. 312, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF STATE EMPLOYEES (§§ 8-3501 — 8-3518) › Section 8-3515 - Adjustments to correct errors

Should any change or errors in records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, then on discovery of any such error the board shall correct the same and, as far as practicable, shall adjust the payments in such a manner that the benefits to which such member or beneficiary was correctly entitled shall be paid.
Acts 1947, ch. 231, § 23; C. Supp. 1950, § 1034.87 (Williams, § 1034.59).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF STATE EMPLOYEES (§§ 8-3501 — 8-3518) › Section 8-3516 - Exemption of funds from taxation, execution, and assignment

All retirement allowances and other benefits accrued or accruing to any person under the provisions of chapters 34 to 36, inclusive, of this title, and the accumulated contributions and cash securities in the funds created under said chapters, are exempted from any state, county or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process whatsoever, nor shall any assignment thereof be enforceable in any court.
Acts 1947, ch. 231, § 24; C. Supp. 1950, § 1034.88 (Williams, § 1034.60).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF STATE EMPLOYEES (§§ 8-3501 — 8-3518) › Section 8-3517 - Adjustment of allowances

Effective July 1, 1969, and each succeeding July 1, the initial service retirement allowance paid on retirement to any member retired prior to July 1, 1969 who, at the date of his retirement, had attained age fifty-five (55) and completed at least twenty (20) years of credited service, shall be increased by one and one-half per cent (11/2%) of such initial allowance for each year that the member has been retired after his attainment of age sixty-five (65), but the aggregate of such annual increments to any retired member's allowance shall not exceed thirty per cent (30%) of his initial service retirement allowance. The provisions of this section shall not be effective in any case where the application thereof results in a lesser allowance to any retired member than the application of the provisions of § 8-3502.
Acts 1969, ch. 149, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF STATE EMPLOYEES (§§ 8-3501 — 8-3518) › Section 8-3518 - Suspension of allowances

A retired member or beneficiary may, for personal reasons and without disclosure thereof, apply to the board of trustees in writing to suspend for any period payment of all or any part of the allowance otherwise payable to him under the provisions of the Tennessee state retirement system. The board, on receipt of such application, shall provide the applicant with a form to be completed and returned to the board and upon receipt thereof, the board shall authorize such suspension, in which event the retired member or beneficiary shall be considered to have forfeited all rights to the amount of allowance so suspended but shall retain the right to have the full allowance otherwise payable to him reinstated as to future monthly payments upon written notice to the board of his desire to revoke his prior request for a suspension under this section.
Acts 1969, ch. 149, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF POLITICAL SUBDIVISION EMPLOYEES (§§ 8-3601 — 8-3607) › Section 8-3602 - Membership of employees

Membership in the retirement system for employees who are admitted as provided in § 8-3601 shall be optional with such employees in the service of the political subdivision on the date the approval is given, and any such employee who elects to join the retirement system within thirty (30) days thereafter shall be entitled to a prior service certificate covering such periods of previous service as shall be certified as creditable service by such political subdivision for service rendered to such political subdivision, or its predecessor, or in any other capacity approved by the political subdivision and the board, for which the political subdivision is willing to make accrued liability contributions. Thereafter service for such political subdivision on account of which the political subdivision pays contributions, shall be considered also as creditable service. Membership shall be compulsory for all employees entering the service of such political subdivision thereafter. Membership shall be compulsory for employees of the University of Tennessee entering service after the date approval is given by the board, except those employees who are to be included in the University of Tennessee retirement system.
Acts 1947, ch. 231, § 9; C. Supp. 1950, § 1034.73 (Williams, § 1034.45); Acts 1972 (Adj. S.), ch. 864, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF POLITICAL SUBDIVISION EMPLOYEES (§§ 8-3601 — 8-3607) › Section 8-3603 - Information furnished by subdivisions

The chief fiscal officer of the political subdivision, 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 said political subdivision such duties as shall be prescribed by the board in order to carry out the provisions of chapters 34 to 36, inclusive, of this title.
Acts 1947, ch. 231, § 9; C. Supp. 1950, § 1034.73 (Williams, § 1034.45).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF POLITICAL SUBDIVISION EMPLOYEES (§§ 8-3601 — 8-3607) › Section 8-3604 - Contributions

The actuary of the retirement system shall compute the rates of contribution payable by employers in behalf of their employees who become members under the provisions of this chapter by an actuarial evaluation similar to that established by §§ 8-3427 and 8-3428. Each political subdivision employing members participating in the system as provided in this chapter, shall make a special accrued liability contribution on account of the participation of its employees in the retirement system, which shall be determined by an actuarial valuation of the employer's share of the accrued liability on account of the employees of such political subdivision who elected to become members. This special accrued liability contribution shall be subject to such adjustments as may be necessary on account of any additional prior service credits awarded to employees of such political subdivision or changes in provisions relating to such employees. The expense of making such initial valuation shall be assessed against and paid by the political subdivision on whose account it is necessary. The contributions so computed together with a pro rata share of the cost of the administration of the retirement system, based upon the payroll of the employees, shall be certified by the board to the chief fiscal officer of the political subdivision. The amounts so certified shall be a charge against the political subdivision. The chief fiscal officer of each such political subdivision shall pay to the state treasurer the amount certified by the board as payable under the provisions of this section, and the state treasurer shall credit such amounts, when paid, to the appropriate funds of the retirement system.
Acts 1947, ch. 231, § 9; C. Supp. 1950, § 1034.73 (Williams, § 1034.45); Acts 1957, ch. 373, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF POLITICAL SUBDIVISION EMPLOYEES (§§ 8-3601 — 8-3607) › Section 8-3605 - Benefits payable

Employees who become members under this chapter and on behalf of whom contributions are paid as provided in this chapter shall be entitled to benefits under the retirement system as though they were state employees.
Acts 1947, ch. 231, § 9; C. Supp. 1950, § 1034.73 (Williams, § 1034.45).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › RETIREMENT OF POLITICAL SUBDIVISION EMPLOYEES (§§ 8-3601 — 8-3607) › Section 8-3606 - Reserve required for benefits

Notwithstanding anything to the contrary, the retirement system shall not be liable for the payment of any retirement allowances or other benefits on account of the employees or beneficiaries of any political subdivision under this chapter, for which reserves have not been previously created from funds contributed by such political subdivision or its employees for such benefits.
Acts 1947, ch. 231, § 9; C. Supp. 1950, § 1034.73 (Williams, § 1034.45).
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › TRANSFERS BETWEEN RETIREMENT SYSTEMS (§§ 8-3701 — 8-3706) › Section 8-3701 - Definition of terms

As used in this chapter the words "retirement system" shall mean and include:
(1)
The Tennessee state retirement system as established by chapter 34 of this title.
(2)
The Tennessee teachers' retirement system as established by chapter 15 of title 49.
(3)
The Tennessee judges' retirement system as established by chapter 3 of title 17.
(4)
The Tennessee attorneys-general retirement system as established by chapter 6 of title 8.
(5)
The University of Tennessee retirement system as authorized by chapter 33 of title 49.
(6)
The retirement system for county paid judges as established by chapter 5 of title 17.
(7)
The Tennessee retirement system for county officials as established by chapter 40 of title 8.
Acts 1949, ch. 97, § 1; C. Supp. 1950, § 1034.90 (Williams, § 1034.63a); Acts 1961, ch. 163, § 1; 1965, ch. 345, § 12; 1969, ch. 225, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › TRANSFERS BETWEEN RETIREMENT SYSTEMS (§§ 8-3701 — 8-3706) › Section 8-3702 - Right to transfer membership

Any person who is a member of any retirement system, as defined in § 8-3701, may transfer his membership to any other retirement system upon accepting office or employment which makes it possible or mandatory for him to participate in such other retirement system.
The provisions of this chapter shall apply with respect to a transfer from one retirement system to another retirement system, anything contained in one or more of the retirement systems to the contrary notwithstanding, except that such provisions shall not apply with respect to a transfer from the Tennessee teachers' retirement system to the University of Tennessee retirement system or from the University of Tennessee retirement system to the Tennessee teachers' retirement system, provided, however, the provisions of this chapter shall not apply nor affect any person holding membership in or under the judges' retirement system of this state on March 4, 1961, and provided further that any person who becomes eligible for maximum benefits under any retirement system as defined in § 8-3701, shall not be entitled to supplemental benefits under any other retirement system, as defined in said section.
Acts 1949, ch. 97, § 2; C. Supp. 1950, § 1034.91 (Williams, § 1034.63b); Acts 1961, ch. 163, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › TRANSFERS BETWEEN RETIREMENT SYSTEMS (§§ 8-3701 — 8-3706) › Section 8-3703 - Procedure

Any such person so transferring his membership shall notify the administrative head of the retirement system of which he is a member prior to or at the time of his withdrawal therefrom of his intention to enter the other retirement system. Such person shall retain all benefits earned in the system from which he is transferring and contributions made by a member to a retirement system as defined in § 8-3701, for retirement benefits shall not be refundable during any period such person is eligible for membership by transfer in any other system as set forth in this chapter.
Acts 1949, ch. 97, § 3; C. Supp. 1950, § 1034.92 (Williams, § 1034.63c); Acts 1961, ch. 163, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › TRANSFERS BETWEEN RETIREMENT SYSTEMS (§§ 8-3701 — 8-3706) › Section 8-3704 - Benefits after transfer

Upon becoming a member of the retirement system to which he has transferred, such person shall thereafter be eligible for such benefits or annuities as is provided by law in such retirement system; provided, however, anything to the contrary notwithstanding, that upon service retirement his retirement allowance shall be calculated and paid by each separate retirement system of which he has been a member in the same manner as if such person were a member of such systems upon becoming eligible and making application for a retirement allowance. For the purpose of determining whether a person has been a member of a retirement system for a sufficient period of years to become eligible for any benefit or right, the aggregate number of years of service in any of the systems under § 8-3701 shall be counted.
Acts 1949, ch. 97, § 4; C. Supp. 1950, § 1034.93 (Williams, § 1034.63d); Acts 1961, ch. 163, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › TRANSFERS BETWEEN RETIREMENT SYSTEMS (§§ 8-3701 — 8-3706) › Section 8-3705 - Rules and regulations

The respective boards of trustees of the retirement system are authorized to make such rules and regulations as may be necessary to carry the provisions of this chapter into effect.
Acts 1949, ch. 97, § 5; C. Supp. 1950, § 1034.94 (Williams, § 1034.63e); Acts 1961, ch. 163, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › STATE RETIREMENT SYSTEM (§§ 8-3401 — 8-3706) › TRANSFERS BETWEEN RETIREMENT SYSTEMS (§§ 8-3701 — 8-3706) › Section 8-3706 - Reinstatement of teacher joining department of education

Notwithstanding any provision or provisions of any other section of chapter 37 of title 8 or any other law, to the contrary, any "teacher" who has been a member of the Tennessee teachers' retirement system, and who later became employed as a member of the professional staff of the Tennessee state department of education and who became a member of the Tennessee state retirement system, shall, upon giving due notice, in writing, to the Tennessee state retirement system, and to the Tennessee teachers' retirement system, with the approval of the state commissioner of education, be reinstated as a member of the Tennessee teachers' retirement system, provided that when such "teacher" retires his retirement benefits and allowances shall be calculated as though the time which he served in the Tennessee state department of education while he was a member of the Tennessee state retirement system shall be counted as though he had been a member of the Tennessee teachers' retirement system during such period of time; provided that such "teacher's" contributions to the Tennessee state retirement system for such period of time, plus the accrued interest thereon, shall be transferred, upon such due notice in writing and approved by the state commissioner of education, to the Tennessee teachers' retirement system, and, provided further, said "teacher" shall pay to the Tennessee teachers' retirement system any additional amount, above the amount so transferred from the Tennessee state retirement system, which amount may be required to equal the amount of the total contributions which said "teacher" would have made to the Tennessee teachers' retirement system during his service in the Tennessee state department of education while he was a member of the Tennessee state retirement system; provided, further, that the employer's contribution for such "teacher" for such period of time shall, likewise, be transferred by the Tennessee state retirement system to the Tennessee teachers' retirement system.
It is hereby declared that the purpose of this section shall be to provide to such "teacher" the full benefits of the Tennessee teachers' retirement system, based upon his employment by the state department of education, the same as if such "teacher" had remained in the Tennessee teachers' retirement system, when he entered upon his services in the Tennessee state department of education, instead of having become, at that time, a member of the Tennessee state retirement system.
Acts 1971, ch. 399, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT - CREDITABLE SERVICE (§ 8-34-609) › Section 8-34-609 - Teaching service prior to July 1, 1945

(a)
[Deleted by amendment.]
(b)
(1)
Notwithstanding any other provisions to the contrary in chapters 34 through 37 of this title, any former teacher who left teaching service on, before, or after July 1, 1973 and who establishes evidence to the satisfaction of the board of trustees that he taught a total of ten (10) or more years in the public schools of Tennessee, some of which service was rendered prior to July 1, 1945, shall be entitled to such services rendered prior to July 1, 1945 included as creditable service; provided further, that creditable service shall also include teaching services in the public schools of Tennessee after July 1, 1945 under any of the following conditions:
(A)
When a teacher's contributions are withdrawn but repaid to the retirement system with interest at the rate designated in §
8-37-214
from the date of withdrawal of such contributions to the date of repayment; or
(B)
When a member whose retirement account has become inactive because of too much absence from teaching service and his accumulated contributions have not been withdrawn but who pays to the retirement system interest at the rate designated in §
8-37-214
on his accumulated account from the date his account became inactive to the date of the reactivation of his account may be eligible for retirement benefits as provided under §§
8-34-616
,
8-36-206
- 8-36-209, 8-36-301 - 8-36-305 or 8-36-701 on that portion of service credits for which he elects to establish and receive credit.
(2)
Any former teacher who otherwise qualifies for the allowance granted by this subsection shall not be qualified therefor if he continued his career in teaching in another state wherein retirement credit is or may be granted for teaching services performed in or for the state of Tennessee.
Acts 1973, ch. 162, § 1; 1976 (Adj. S.), ch. 816, § 8; 1977, ch. 377, § 1; 1979, ch. 320, § 10; T.C.A., § 8-3904; Acts 1980 (Adj. S.), ch. 654, § 10.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › OPERATORS OF CONTRACTOR-OWNED SCHOOL BUSES (§ 8-3950) › Section 8-3950 - Operators of contractor-owned school buses - Funding

Notwithstanding any provision of the law to the contrary, operators of contractor owned pupil transportation equipment in any county school system are authorized to participate in the state consolidated retirement system under such conditions as may be jointly agreed upon by the duly authorized officials within the state consolidated retirement system and the board of education in said county school system. Accruing retirement benefits shall be determined on the basis of employer contractor contributions based on a sum allowed for salary purposes that is not to exceed forty per cent (40%) of the monthly contract remuneration received by the contractor from said board of education.
Any county board of education who authorizes operators of contractor owned pupil transportation equipment to participate in the retirement system under the provisions of this chapter shall be required to have the chief legislative body of the political subdivision to approve and appropriate all expenditures required including the cost of the actuarial study, the current and prior service cost, the administrative cost and the school boards pro rata share of the cost-of-living. Prior to any action by the legislative body, the cost and all other pertinent information shall be obtained from the division of retirement which shall be made available to all membership of the legislative body. It is further provided that no funds received by the local board of education or the political subdivision including funds from the minimum foundation program nor the revenue sharing program shall be used in funding the cost required in bringing these independent contractors into the consolidated retirement system.
Acts 1974 (Adj. S.), ch. 451, §§ 1, 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › TRANSFERS TO AND FROM UNIVERSITY OF TENNESSEE SYSTEM (§§ 8-3952 — 8-3957) › Section 8-3952 - Definitions

As used in §§ 8-3952 - 8-3958 the words "retirement system" shall mean and include:
(1)
The Tennessee consolidated retirement system as defined in this chapter.
(2)
The University of Tennessee joint contributory retirement system as authorized by chapter 33 of title 49.
Acts 1975, ch. 318, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › TRANSFERS TO AND FROM UNIVERSITY OF TENNESSEE SYSTEM (§§ 8-3952 — 8-3957) › Section 8-3953 - Transfers from and to University of Tennessee system authorized

Any person who is a member of either retirement system as defined in § 8-3952 may transfer membership to the other retirement system as defined in § 8-3952 upon accepting office or employment which makes it possible or mandatory for such person to participate in such other retirement system, anything contained in one (1) or both of the retirement systems to the contrary notwithstanding.
Acts 1975, ch. 318, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › TRANSFERS TO AND FROM UNIVERSITY OF TENNESSEE SYSTEM (§§ 8-3952 — 8-3957) › Section 8-3954 - Transfers - Notice - Contributions nonrefundable

Any such person so transferring membership shall notify the administrative head of the retirement system of which he or she is a member prior to or at the time of transfer therefrom of his or her intention to enter the other system. Contributions made by a member to a retirement system for retirement benefits shall not be refundable during any period such person is eligible for membership by transfer to the other retirement system.
Acts 1975, ch. 318, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › TRANSFERS TO AND FROM UNIVERSITY OF TENNESSEE SYSTEM (§§ 8-3952 — 8-3957) › Section 8-3955 - Benefits - Computation of obligations between systems

Upon becoming a member of the retirement system to which a person has transferred, such member shall thereafter be entitled to the rights, benefits, and annuities as are provided in such retirement system; provided, however, anything to the contrary notwithstanding, that upon retirement the allowances and benefits shall be calculated as though the time which was served and credited while such person was a member of the retirement system from which he or she transferred shall be counted and credited as though such person had been a member of the retirement system to which he or she transferred during such period of time; provided, further, that the retirement system from which a transfer was made shall pay monthly to the other retirement system that portion of the monthly benefits attributed to the retired member's creditable service in the retirement system from which the member transferred, less any annuities or other benefits calculated at retirement and applicable to Teachers Insurance and Annuity Association or the federal civil service retirement system and less the state annuity and death benefits payable for prior service under §§ 8-3933 and 8-3937 for those members transferring from the University of Tennessee retirement system. In computing the respective obligations of the two (2) retirement systems, the member's creditable service in both retirement systems shall be combined, and the "average final compensation" shall be determined by the highest average earned in either or both retirement systems. Each retirement system's obligation for monthly benefits shall be the same percentage of the total monthly benefits as the percentage of creditable service in that particular retirement system is to the total combined creditable service of the member in both retirement systems.
Acts 1975, ch. 318, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › TRANSFERS TO AND FROM UNIVERSITY OF TENNESSEE SYSTEM (§§ 8-3952 — 8-3957) › Section 8-3956 - Benefit options available

The provisions of § 8-3955 shall apply to all persons who transfer hereafter and to those who transferred from one retirement system to the other during the period from July 1, 1972, to June 4, 1975. Persons who transferred membership between retirement systems prior to July 1, 1972, shall have the option to retain all rights, benefits, and privileges under chapter 37 of this title as preserved under § 8-3935(4); or the option to have his or her rights, benefits, and privileges credited, calculated, and paid in accordance with the provisions, methods, and procedures provided in § 8-3955.
Acts 1975, ch. 318, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › TRANSFERS TO AND FROM UNIVERSITY OF TENNESSEE SYSTEM (§§ 8-3952 — 8-3957) › Section 8-3957 - Transfers between retirement systems - Application of law

The provisions of §§ 8-3952 - 8-3958 shall apply with respect to a transfer from one retirement system to the other retirement system, anything contained in one (1) or both of the retirement systems to the contrary notwithstanding. The respective boards of trustees of the retirement systems shall make such rules and regulations as may be necessary to carry the provisions of §§ 8-3952 - 8-3958 into effect.
Acts 1975, ch. 318, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4002 - County officials' retirement fund created

There is created and established as of July 1, 1968, a retirement fund for county officials as herein defined to be known as the "Tennessee County Officials' Retirement Fund." All transactions of the system shall be in the name of the system and the system shall have all the powers and privileges of a corporation and shall function as hereinafter provided.
Acts 1968 (Adj. S.), ch. 617, § 2; 1969, ch. 49, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4003 - Retirement board - Members - Chairman - Quorum - Personnel

The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this law are hereby vested in a retirement board, which shall consist of the state treasurer, the commissioner of finance and administration, the comptroller of the treasury, and three (3) members appointed by the governor, only two (2) of whom may be members of the retirement system. The state treasurer shall be chairman of the board. The board shall elect one (1) of its members as vice-chairman. A majority of the members of the board shall constitute a quorum, and all action taken by the board shall be by affirmative vote of a majority of all members of the board. The personnel required by the board in the administration of the plan shall be provided by the division of retirement of the state of Tennessee and all administrative duties shall be performed by and all administration of the plan shall be provided by the division of retirement. The state attorney-general or an assistant designated by him shall act as legal advisor and attorney for the board.
Acts 1968 (Adj. S.), ch. 617, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4004 - Rights, powers and duties of board

Subject to the administrative duties reserved by state law to the state treasurer with respect to all state retirement systems, the retirement board shall have complete control of the administration of the system, subject to the provisions of this chapter, with all powers necessary to enable it to carry out properly its duties in that respect. Specifically, the rights, powers and duties of the board shall include, but shall not be limited to the following:
(a)
The board shall determine all questions that arise hereunder including the eligibility of county officials to become members and the amount of benefit to which any member may become entitled hereunder.
(b)
The board shall establish rules, forms and procedures to be followed in filing applications for benefits, in furnishing and verifying proofs necessary to establish earnings or any other matters required to administer the system.
(c)
The board shall prepare and publish an annual, audited, financial report showing all receipts, disbursements, and assets and liabilities of the system. The board shall keep accurate minutes of all its proceedings. All proceedings, minutes, and records of the board shall be open at all reasonable times for inspection by the public.
(d)
The board shall be empowered to employ the service of investment consultants, actuarial consultants, and the service of others which may be necessary to maintain a soundly designed, administered and financed pension system. Expenses incurred by or on behalf of the board in the administration of this system shall be paid from the fund upon written authorization by the board.
Acts 1968 (Adj. S.), ch. 617, § 4.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4005 - Compensation of board - Restriction on liability

Members of the board shall serve without compensation as board members, but shall be reimbursed for the actual expenses incurred by them in the performance of their duties.
The board shall be fully protected with respect to any action taken or suffered by the board in good faith in reliance upon the advice or opinion of any of the foregoing, and all actions so taken or suffered shall be conclusive upon each of them and upon all members or the persons interested in the system.
The board shall not be liable for the making, retention, or sale of any investment or reinvestment made by it nor for any loss to or diminution of the fund, except due to its own gross negligence, willful misconduct, or bad faith.
Acts 1968 (Adj. S.), ch. 617, § 5.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4006 - Financial interest of board members - Restriction on use of funds

No member of the board shall have an interest, direct or indirect, in the gains or profits of any investment made by the board, save insofar as any such member may be a member of the retirement system, and no member of the board shall receive directly or indirectly, any payment or emolument for his services except as expressly provided in this chapter. No member of the board shall, directly or indirectly, for himself or as an agent, in any manner use the funds or deposits of the retirement system, except to make such payments therefrom as are authorized by the board, nor shall any member become an indorser or surety or in any manner an obligor for moneys loaned by or borrowed from the board.
Acts 1968 (Adj. S.), ch. 617, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4007 - Retirement fund established - Purpose

There is hereby established the Tennessee retirement fund for county officials to effectuate the purpose of this chapter. The fund shall be administered and utilized as a trust fund and shall be used for the purpose of providing benefits in accordance with provisions of the chapter and shall be a means of financing benefits and financing expenses of administering the fund by the board in accordance with this chapter.
Acts 1968 (Adj. S.), ch. 617, § 7; 1969, ch. 49, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4008 - Board as trustee of fund - Management of fund - Treasurer - Disbursements

The retirement board shall be the trustee of the fund created by this chapter and shall have full power to invest and reinvest all funds to the extent the board deems appropriate, subject to the limitation that no investment shall be made except, on the exercise of bona fide discretion, in securities which at the time of making the investment are, by a statute, permitted for the investment of reserves of any domestic life insurance companies, provided the total sum invested in common and preferred stocks cannot exceed twenty per cent (20%) of the total of the fund. Subject to such limitations, the board shall have full power to hold, purchase, sell, assign, transfer, or dispose of any of the securities or investment in which the fund created herein have been invested, as well as of the proceeds of such investment and the moneys belonging to the fund.
The state treasurer shall be the custodian of the fund. All payments from the fund shall be authorized by the state treasurer on vouchers duly issued by the state treasurer.
Acts 1968 (Adj. S.), ch. 617, § 8.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4009 - Funds deposited in banks

For the purpose of meeting disbursements for retirement allowances and other payments, sufficient cash may be held on deposit to the credit of the state treasurer in one or more banks or trust companies, located in Tennessee, organized under the laws of Tennessee or of the United States, and qualified as state depositories.
Acts 1968 (Adj. S.), ch. 617, § 9.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4010 - County officials' tax - Sources of additional funds

For the purpose of providing funds with which to aid the defraying of costs of the retirement herein provided, there shall be fixed upon every suit filed in the circuit courts, the criminal courts, the probate courts in counties where separate probate courts have been created, the chancery courts and the general sessions courts of the state of Tennessee, a fee of one dollar ($1.00), beginning July 1, 1968, except for the fee of one dollar ($1.00) fixed herein on probate courts in counties where separate probate courts exist, which shall commence on July 1, 1969, which shall be known as the county officials' tax and shall be collectible and payable under the same circumtances as state and county tax is now collected upon litigation. The tax as herein provided shall be in addition to such litigation taxes as are now levied by law upon such suits.
It shall be a state tax only and no county or municipality shall levy a similar tax. All sums collected from the tax herein levied shall be paid over to the appropriate state official as other litigation tax is now paid and shall be placed in the state treasury, for use in making the payments herein provided.
For the further purpose of providing funds with which to aid the defraying of costs for the purpose of retirement herein provided, beginning July 1, 1968, ten cents (10¢) of the one dollar ($1.00) fee provided for county court clerks under the terms of § 59-604 shall be remitted to the appropriate state official for use in making payments herein provided; and for the further purpose of defraying costs of the retirement herein provided, beginning July 1, 1968, the allowance to county registers of the two and one-half per cent (21/2%) contained in § 67-4102, Item S, subsection (c) which will be collected and paid over to the appropriate state official for use in making the payments herein provided.
Acts 1968 (Adj. S.), ch. 617, §§ 10, 12; 1969, ch. 49, § 4; 1970 (Adj. S.), ch. 557, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4011 - Membership in other retirement systems prohibited - Exceptions

Persons electing membership in the retirement system created by this chapter shall not hold membership in any other public employees' retirement system, except that coverage by social security and membership in the Tennessee teachers' retirement system are specifically permitted; provided, however, that such persons shall be entitled to enjoy, unimpaired, any vested benefit existing under such other system, but in such case, no periods of time on account of which such vested benefits exist shall be considered credited service under this chapter.
Any member of the Tennessee retirement system for county officials who also holds membership in any other public employees' retirement system may elect to withdraw his membership in full and his contributions in full from such other system without impairing his right to hold office in the county concerned and receive credited service under this chapter in the Tennessee retirement system for county officials for such credited service as he held in such other system upon applying for membership in accordance with § 8-4012.
Acts 1968 (Adj. S.), ch. 617, § 11; 1969, ch. 49, § 5; 1970 (Adj. S.), ch. 394, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4013 - Monthly contributions by members

For the purpose of providing further funds with which to aid the defraying of costs of the retirement herein provided, all county officials participating in the retirement system shall contribute each month, from his or her total monthly compensation realized from serving as such county official, four per cent (4%) commencing July 1, 1968, if in office on that date, or from the date he became a county official, if subsequent to that date. This contribution shall be paid to the chairman of the retirement board or other official designated by him and shall be placed in the state treasury for use in making the payments herein provided and shall become a part of the retirement fund.
Any participating county official who fails to make the required monthly contribution and becomes delinquent for more than sixty (60) days, will be subject to the action of the retirement board with respect to continued participation in the system.
Acts 1968 (Adj. S.), ch. 617, § 14; 1969, ch. 49, § 7.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4014 - Qualification for full retirement benefits

Any county official as herein defined may, after July 1, 1968, retire from office and be paid full retirement benefits provided said county official has attained the age of fifty-five (55) years and presents satisfactory evidence of not less than twenty-four (24) years service.
Acts 1968 (Adj. S.), ch. 617, § 15.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Appendix - SUPERSEDED RETIREMENT SYSTEMS (§§ 8-107 — 65-168) › RETIREMENT SYSTEM FOR COUNTY OFFICIALS (§§ 8-4001 — 8-4021) › Section 8-4015 - Partial retirement benefits

Any county official as herein defined may after July 1, 1968, retire from office and be paid retirement benefits provided said county official has attained the age of fifty-five (55) years and presents satisfactory evidence of at least twelve (12) years service but less than twenty-four (24) years service, said retirement benefits to be paid as follows:
12 years service - 1/2 of full retirement benefits
13 years service - 13/24 of full retirement benefits
14 years service - 7/12 of full retirement benefits
15 years service - 5/8 of full retirement benefits
16 years service - 2/3 of full retirement benefits
17 years service - 17/24 of full retirement benefits
18 years service - 3/4 of full retirement benefits
19 years service - 19/24 of full retirement benefits
20 years service - 5/6 of full retirement benefits
21 years service - 7/8 of full retirement benefits
22 years service - 11/12 of full retirement benefits
23 years service - 23/24 of full retirement benefits.
Acts 1968 (Adj. S.), ch. 617, § 16.