Tennessee § 8-34-606 - Educational leave as creditable service.

§ 8-34-606. Educational leave as creditable service.

Subject to the approval of the board of trustees, any member who is a full-time employee and who is on educational leave of absence from service for the purpose of attending school or engaging in academic research related to such employment may establish retirement credit for such leave period under the following conditions: The leave is intended to increase such member's efficiency to the member's employer; The member must be reemployed by such employer within one (1) year following the leave period and remain so employed for at least one (1) year thereafter. For purposes of this subdivision (a)(2), any member who is on educational leave of absence from an educational institution supported in whole or in part by the state shall be deemed to have met the provisions of this subdivision (a)(2) if the member returns to service with an educational institution supported in whole or in part by the state within one (1) year following the leave period and remains so employed for at least one (1) year thereafter; The member makes monthly contributions to the retirement system during the period on the basis of the member's earnable compensation in effect immediately prior to the commencement of such leave; If the monthly contributions are not timely made, the member pays interest on such contributions at the rate provided in § 8-37-214; and The total amount of retirement credit the member may establish for educational leave of absence shall not exceed an aggregate of two (2) years during the member's working career. Notwithstanding this subdivision (a)(5), the total amount of retirement credit the member may establish for an educational leave of absence shall not exceed an aggregate of four (4) years during the member's working career if the member receives a competitive award from the national aeronautics and space administration, the national institutes of health, the national science foundation, the national endowment for the humanities, the national endowment for the arts or the Fulbright Program. Subject to the approval of the board of trustees, any member on educational leave of absence, within the meaning of subsection (a) who is covered by the noncontributory provisions of the system pursuant to § 8-34-206 shall be entitled to retirement credit while on leave of absence upon application therefor and proper certification by the employer of the amount of leave taken and the member's salary immediately prior to the commencement of such leave of absence. Notwithstanding any other law to the contrary, the employee shall be credited with the service credit for educational leave of absence as provided for in this section; however, contributions made on behalf of the employee by the employer shall not be credited to the employee's account. Acts 1972, ch. 814, § 4; 1979, ch. 320, § 9; T.C.A., § 8-3904; Acts 1980, ch. 654, § 9; 1981, ch. 508, § 3; 1985, ch. 449, § 6; 1987, ch. 54, § 2; 1995, ch. 164, § 2; 2004, ch. 839, §§ 1, 2. Compiler's Notes. Acts 2004, ch. 839, § 3 provided that the provisions of §§ 1 and 2 of that act, which amended this section, shall be subject to the funding being provided in the General Appropriations Act. According to information provided by the department of finance and administration, funding was provided by Acts 2004, ch. 961, § 12. Cross-References. Interest rate, § 8-34-505 . Attorney General Opinions. Right to establish educational leave as creditable service, OAG 97-012, 1997 Tenn. AG LEXIS 20 (2/6/97).