Tennessee § 8-36-204 - Creditable service required.

§ 8-36-204. Creditable service required.

Notwithstanding this part and part 3 of this chapter, or any other law to the contrary, any member in Group 1, 2, or 3 prior to July 1, 1979, shall not be eligible for a service or early service retirement allowance unless such member has a minimum of four (4) years of creditable service. In addition to all requirements for service or early service retirement, any employee, except a Group 4 employee, becoming a member of the retirement system on or after July 1, 1979, must have a total of ten (10) years of creditable service to qualify for retirement benefits. A Group 4 member must have eight (8) years of creditable service to qualify for retirement benefits. Notwithstanding this section or any other provision to the contrary, any individual who is a Group 1 member of the retirement system on or after January 1, 1992, must have, in addition to all other requirements for service or early service retirement, a total of five (5) years of creditable service to qualify for retirement benefits; provided, that eligible individuals who are members of the retirement system by virtue of their employment with any employer participating in the retirement system pursuant to chapter 35 of this title must have a total of ten (10) years of creditable service to qualify for retirement benefits, unless the chief governing body of such employer passes and files with the board of trustees a resolution reducing the required years of service from ten (10) to five (5) years and accepting the liability therefor. Subsequent to an employer's election to decrease the required years of service from ten (10) to five (5) years, the employer, through a resolution passed by the employer's chief governing body, may then increase the required years of service from five (5) to ten (10) for employees hired on or after the increase in the years of service, without any limit to the number of increases or decreases that an employer may make by resolution from its chief governing body; provided, that any increases in the number of required years of service shall be applied prospectively for employees hired on or after the increase in the years of service. If a member has less than ten (10) years of service credit, part of which was rendered for an employer not electing to be covered by this section, eligibility for a retirement benefit on that portion of service shall be determined independently for each employer. Such member is eligible for a refund of contributions and interest credited to such member's account associated with any period of service for which a benefit is not payable. This provision shall not apply to members of the general assembly. Any general state employee who was employed with the state prior to January 1, 1979, and who terminated state employment between January 1, 1979 and December 31, 1979, shall be eligible for a service or early service allowance with a minimum of four (4) years of creditable service if all of the following requirements are met: The employee must have returned to state service prior to July 1, 1989; The employee must have been fifty (50) years of age or older at the time the employee terminated state employment in 1979; and In accordance with § 8-37-214, the employee must reestablish the employee's withdrawn service in the retirement system. Acts 1976, ch. 816, § 5; 1979, ch. 288, § 3; T.C.A., § 8-3905; Acts 1986, ch. 554, § 13; 1988, ch. 484, § 1; 1992, ch. 934, § 1; 2005, ch. 498, § 8; 2013, ch. 296, § 20. Compiler's Notes. Acts 2005, ch. 498, § 10 provided that the provisions of that act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to that act unless such funds are specifically appropriated by the general appropriations act.