Tennessee § 49-1546 - Disability retirement allowance.

§ 49-1546. Disability retirement allowance.

Upon retirement for disability, a member shall receive a service retirement allowance if he has attained the age of sixty (60) years or has completed at least thirty (30) years of creditable service, otherwise he shall receive a disability retirement allowance. A member who last became a member prior to July 1, 1967, and who retires on a disability retirement allowance on or after July 1, 1967, shall receive an allowance which shall be the largest of the amounts computed under the provisions of subsection A of this § 49-1546, subsection B of this § 49-1546 or § 49-1552. A member who last became a member on or after July 1, 1967, and who retires on a disability retirement allowance shall receive an allowance which shall be the larger of the amounts computed under the provisions of subsection A of this § 49-1546 or § 49-1552. A. (1) Upon retirement for disability, a class A member shall receive a disability retirement allowance which shall consist of: A teacher annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and A state annuity which, together with the teacher annuity, shall be equal to nine-tenths (9/10) of an allowance computed as a service retirement allowance under § 49-1544 A(1)(b)(i) on the basis of his average final compensation and creditable service at the time of disability retirement, provided, however, that if his creditable service is less than twenty (20) years, a part or all of his additional years he would have had had he continued in service to age sixty-five (65), may be added to his creditable service in order to determine his minimum retirement allowance, but in this event the total cannot exceed twenty (20) years, and for purposes of such determination, covered compensation at the time of disability retirement shall be deemed to have continued in effect during such additional years. B. Upon retirement for disability, a member shall receive a service retirement allowance determined in accordance with § 49-1544 B if he has attained the age of sixty (60) years or has completed at least thirty (30) years of creditable service, otherwise he shall receive a disability retirement allowance which shall consist of: Upon retirement for disability, a class B member shall receive a disability retirement allowance which shall consist of: A teacher annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and A state annuity which, together with the teacher annuity, shall be equal to nine-tenths (9/10) of an allowance computed as a service retirement allowance under § 49-1544 A(2)(b)(i) on the basis of his average final compensation and creditable service at the time of disability retirement, but not less than twenty-five per cent (25%) of his average final compensation. A teacher annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and A state annuity equal to seventy-five per cent (75%) of the state annuity determined in accordance with § 49-1544 B that would have been payable upon service retirement at the age of sixty (60) years had the member continued in service to age sixty (60) years without further change in compensation, except that in the case of a class A member who last became a member prior to July 1, 1957, the state annuity payable until the attainment of age sixty-five (65) shall equal seventy-five per cent (75%) of the state annuity that would have been payable upon service retirement at the age of sixty (60) years had the member continued in service to age sixty (60) years without further change in compensation and contributed at the rate of five per cent (5%) throughout his membership service; and after the attainment of age sixty-five (65) the part of the state annuity based on covered compensation shall be equal to sixty per cent (60%) of such part of the state annuity payable prior thereto. Acts 1945, ch. 29, § 5; C. Supp. 1950, § 2540.5 (Williams, § 2524.5); Acts 1957, ch. 87, § 16; 1965, ch. 170, § 8; 1967, ch. 251, § 15.