Tennessee § 8-35-109 - Membership in retirement system dependent on election by certain officials.

§ 8-35-109. Membership in retirement system dependent on election by certain officials.

Any person who becomes a state judge, a county judge, a county official, a commissioner, a county chair, an elected or appointed official of the general assembly, or any district attorney general and any assistant thereto by whatever name called, on or after July 1, 1983, shall not become a member of the retirement system, unless such person elects to become a member of the system and is otherwise eligible for membership. The election shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system. Acts 1972, ch. 814, § 3; 1975, ch. 315, § 9; T.C.A., § 8-3903(1); Acts 1983, ch. 342, § 4; 1985, ch. 449, § 14; 2016, ch. 962, § 27; 2019, ch. 381, § 13. Amendments. The 2016 amendment substituted “elects to become a member of the system and is otherwise eligible for membership. The election shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system” for “files with the board of trustees on a form prescribed by the board, a notice of such person’s election to become a member of the system and is otherwise eligible for membership” at the end of (b)(2). The 2019 amendment rewrote the section, which read: “(a) Any person who becomes a state judge, a county judge, a county official, a commissioner, a county chair, an attorney general or an elected or appointed official of the general assembly on or after July 1, 1972, shall not be required to become a member.“(b)(1) Any person who becomes a state judge, a county judge, a county official, a commissioner, a county chair, an attorney general or a member or an elected or appointed official of the general assembly on or after July 1, 1972, shall become a member of the retirement system, or if such person is already a member of the retirement system, shall continue as a member of the retirement system, unless such person files with the board of trustees within ninety (90) days on a form prescribed by the board, a notice of such person's election not to become a member of the system or to terminate such person's membership in the system and a duly executed waiver of all prospective benefits which would otherwise inure to such person as a member.“(2) Any person who becomes a state judge, a county judge, a county official, a commissioner, a county chair, an attorney general or an elected or appointed official of the general assembly on or after July 1, 1983, shall not become a member of the retirement system, unless such person elects to become a member of the system and is otherwise eligible for membership. The election shall be made in the manner prescribed by the retirement system and shall be filed with the retirement system.” Effective Dates. Acts 2016, ch. 962, § 58. April 27, 2016. Acts 2019, ch. 381, § 14. May 10, 2019. Cross-References. Criminal investigators, § 8-34-206(f) .