Tennessee § 8-35-206 - Contributions.

§ 8-35-206. Contributions.

The actuary of the retirement system shall compute the rates of contribution payable by employers on behalf of their employees who become members under this part by an actuarial valuation in a manner similar to that provided by chapter 37, part 3 of this title; provided, that the contribution rate as determined by the actuary for any employer who begins participating on or after July 1, 1983, shall be determined in a manner so as to amortize the accrued liabilities created on account of such participation over a period of time as established by the board of trustees, such period not to exceed thirty (30) years from the date of participation. Effective July 1, 1979, the liability for cost-of-living benefits is to be included in the computation of normal and accrued liability contribution rates payable by the employers. Each such employer 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 employer who elected to become members. In determining the accrued liability on account of the employees of any such employer, the actuary shall exclude the value of benefits which may become payable with respect to any period of service as a state employer prior to the employer's participation in the retirement system. The 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 employer or changes in provisions relating to such employees. The expense of making such initial valuation shall be assessed against and paid by the employer on whose account it is necessary. The board of trustees may require that a new study be performed if the political subdivision does not begin participation within six (6) months after the effective date of the initial actuarial study. Such employer shall be responsible for the cost of any additional studies. In addition, the employer shall pay a pro rata share of the cost-of-living contribution allocated on the basis of the amount of retirement allowances payable on account of retired employees of the employer or determined on such other equitable basis as the board of trustees may prescribe. 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 employer. The amount so certified shall be a charge against the employer. The chief fiscal officer of such employer shall pay to the state treasurer the amount certified by the board as payable under this section, and the state treasurer shall credit such amounts, when paid, to the appropriate funds of the retirement system. Notwithstanding any other law to the contrary, any employer that desires to participate in the retirement system on or after July 1, 2016, shall, as a condition of participating, pay its accrued unfunded liability, if any, in a lump sum or through an increase in the employer's contribution rate for the next fiscal year (July 1 — June 30) following the adoption of the participation resolution by the employer. At the request of the employer, the state treasurer may, in the treasurer's sole discretion, allow the employer to amortize the accrued unfunded liability over a period of time not to exceed twenty (20) years from the date of participation. Any participating employer who desires to establish a benefit improvement authorized under chapters 34-37 of this title shall pay the estimated increased pension liability created by the improvement in a lump sum or through an increase in the employer's contribution rate for the next fiscal year (July 1 — June 30) following the adoption of the resolution by the employer. No former or current employee of the employer shall be entitled to the benefit improvement until the estimated increased pension liability has been totally funded by the employer. The retirement system or the retirement system's actuary shall determine the estimated increased pension liability and associated increased contribution rate for the employer. Acts 1972, ch. 814, § 10; 1978, ch. 741, § 8; T.C.A., § 8-3934(4)(a); Acts 1983, ch. 342, § 24; 1987, ch. 54, § 9; 2003, ch. 12, § 5; 2016, ch. 962, § 16; 2018, ch. 736, § 6. Amendments. The 2016 amendment added (h) and (i). The 2018 amendment substituted “pay its accrued unfunded liability, if any, in a lump sum or through an increase in the employer's contribution rate for the next fiscal year (July 1-June 30) following the adoption of the participation resolution by the employer” for “pay in a lump sum its accrued unfunded liability, if any, created on account of its participation” at the end of the first sentence in (h). Effective Dates. Acts 2016, ch. 962, § 58. April 27, 2016. Acts 2018, ch. 736, § 29. April 18, 2018. Cross-References. Collection of delinquent payment of contributions, § 8-37-505 . Penalties for delinquent reporting or payments, § 8-37-504 .