Tennessee § 8-3401 - Definition of terms.

§ 8-3401. Definition of terms.

As used in chapters 34 to 36, inclusive, of this title, the following words and phrases, unless a different meaning is plainly required by the context, shall have the following meaning: “Retirement system” means the “Tennessee state retirement system,” created by this chapter. “Board” means “the Tennessee state retirement board,” as provided in this chapter. “State” means the “state of Tennessee and all departments, commissions, institutions, boards and agencies thereof.” “Medical panel” means the “panel of physicians” provided for in this chapter. “Employee” means any person who is or was a state official, including legislative officials elected by the general assembly, or who is or was employed in the service of, and whose compensation is or was payable, in whole or in part, by the state, including employees under supervision of the state whose compensation is paid, in whole or in part, from federal or other funds, but does not include any person performing services on a contractual or percentage basis. Whenever the masculine pronoun is used it shall also mean feminine. In all cases of doubt the board shall determine whether or not a person is an “employee” as defined herein. After the time mentioned in § 8-3452, “employer” shall mean the “state” or other employer participating hereunder by whom the member is paid. “Member” means any person included in the membership of the retirement system. “Current service” for any member as of June 30, 1963, means service as an employee from the date of establishment of the retirement system, and for any person becoming a member on or after July 1, 1963, means service as fulltime permanent employee after July 1, 1963, or as a member of the general assembly, or as an appointed official of the general assembly. “Prior service” means service as an employee prior to the date of establishment of the retirement system. After the time mentioned in § 8-3452, “creditable service” shall mean current service rendered since an employee last became a member and if the member has a prior service certificate in full force and effect it shall include the prior service certified therein. “Beneficiary” means any person entitled to receive a retirement allowance, or any benefit as provided by chapters 34 to 36, inclusive, of this title. After the time mentioned in § 8-3452, “accumulated contributions” shall mean the sum of all amounts deducted from the salary of, or paid by a member, and credited to his account, together with regular interest on such amounts. After the time mentioned in § 8-3452, “earned compensation” shall mean the full rate of compensation that would be payable to an employee if he worked the full normal working time for his position. The maximum rate of earned compensation to be considered for the purposes of the retirement system shall be four thousand two hundred dollars ($4,200) per annum. Such limit shall not apply to compensation earned subsequent to the effective date of this amendment by class A members or to any compensation earned by class C members. In all cases where a member's compensation includes maintenance or housing, the board may fix the value of the same in money and add it to the compensation paid in money when determining the member's earned compensation. “Average” means the arithmetic average determined for the five (5) years of service for which years the member received his greatest compensation; or shall mean the arithmetic average based on such lesser number of years of service actually completed by a member. “Average compensation” means average earned compensation. Provided, however, the retirement allowance for any member who retired on or after January 1, 1968, and before April 30, 1969, with at least thirty (30) years of creditable service, shall also be calculated on the basis of his average compensation as defined in this paragraph. Any increased cost to the state occasioned by the changes in retirement benefits made by the 1969 amendment of this paragraph shall be paid out of annual earnings on investments of the Tennessee state retirement system in excess of four per cent (4%). “Retirement allowance” means the payments for life made under this act to retired or disabled members. All retirement allowances shall be payable in equal instalments ceasing with the last instalment due prior to death. “Actuarial equivalent” means a benefit of equal value when computed on the basis of such mortality tables as shall be adopted by the board and regular interest. “Base earnings” means earned compensation subject to tax under the Federal Insurance Contributions Act on and after July 1, 1963 and means the part of earned compensation not in excess of four thousand two hundred dollars ($4,200) prior to July 1, 1963. For administrative convenience, the board may, in its discretion, determine that the maximum amount of base earnings for any payroll period may be a pro rata portion of the maximum annual amount applicable to such tax. “Excess earnings” means earned compensation not subject to tax under the Federal Insurance Contributions Act on and after July 1, 1963 and means the part of earned compensation in excess of four thousand two hundred dollars ($4,200) prior to July 1, 1963. “Covered compensation” shall mean the maximum amount of earnable compensation which may be included in the determination of the primary insurance amount under the Social Security Act. Provided that until such time as subsections (f), (j), (l ), (m) and (n) of this section become effective as provided in § 8-3452, subsections (f), (j), (l ), (m) and (n) of § 8-3401 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, § 1; 1949, ch. 144, § 1; C. Supp. 1950, § 1034.65 (Williams, § 1034.37); Acts 1957, ch. 373, §§ 1, 2; 1963, ch. 363, §§ 1-3; 1965, ch. 345, §§ 1, 2; 1967, ch. 347, § 1; 1968 (Adj. S.), ch. 514, § 1; 1968 (Adj. S.), ch. 632, § 1; 1969, ch. 149, §§ 1, 2, 8; 1969, ch. 329, § 1. Compiler's Notes. Sections 8-3401 — 8-3455 were repealed by Acts 1972 (Adj. S.), ch. 814, § 18 which provided: “however, each and all of said sections and chapters will remain in full effect for the purpose of defining rights, benefits and privileges preserved under § 8-34-703 . For present law see chapters 34-37 and 39 of title 8.