Tennessee § 8-36-801 - Suspension of benefits while reemployed — Further contributions optional.

§ 8-36-801. Suspension of benefits while reemployed — Further contributions optional.

Except as provided in this part, any retired member of the Tennessee consolidated retirement system, or of any superseded system, or of any local retirement fund established pursuant to chapter 35, part 3 of this title who accepts employment in a position covered by the Tennessee consolidated retirement system shall, as a condition of such employment, cease to draw the member's retirement allowance during the period of the employment; however, the member shall keep the member's retirement benefit in the month that the member returns to work. A retiree restored to employment shall not be required to reenroll as an active member of the retirement system, to make further contributions to the retirement system or to void the retirement payment plan elected by the member. Employees covered by the noncontributory provisions of the system in accordance with § 8-34-206 shall reenroll and accrue service. Any retiree restored to employment who reenrolls as an active member of the retirement system shall be treated as voiding any optional benefit previously elected under § 8-36-601 for purposes of in-service death benefits. Subject to § 8-36-802(c), any such optional benefit previously elected shall be restored upon subsequent retirement. Notwithstanding subsection (b), any retiree who is hired or rehired in a position covered by the retirement system on or after July 1, 2018, shall reenroll as an active member of the retirement system, make such contributions as are required for the retiree's position, and establish credit for the additional service. This subsection (c) shall not apply to retirees who return to service in a position covered by the retirement system as provided in § 8-36-805, § 8-36-810, § 8-36-818, or § 8-36-821. This subsection (c) shall also not apply to retired members who are employees of a political subdivision that subsequently elects to cover its employees under the retirement system, unless the employee was a member or former member of a preexisting defined benefit plan maintained by that political subdivision. Acts 1976, ch. 816, § 6; T.C.A., § 8-3922(a); Acts 1981, ch. 508, § 10; 1983, ch. 342, § 13; 2004, ch. 631, § 10; 2005, ch. 203, § 1; 2013, ch. 296, §§ 21, 22; 2018, ch. 736, §§ 21, 22. Amendments. The 2018 amendment substituted “§ 8-36-802(c) ” for “§ 8-36-802(e) ” in the last sentence of (b); and added (c). Effective Dates. Acts 2018, ch. 736, § 29. April 18, 2018. Cross-References. Contributions upon reemployment from disability retirement, § 8-36-802 . For text of repealed laws concerning superseded retirement systems, see Appendix following this title. Funding of new laws which create financial liabilities for retirement systems, § 3-9-103 . Limitation on amount of retirement allowance, §§ 8-36-102 , 8-36-208 , 8-36-209 . Miscellaneous pensions and retirement funds, title 8, ch. 39. Return to service from disability retirement, § 8-36-802 . Law Reviews. The Tennessee Court System — Supreme Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 191 (1978). Attorney General Opinions. Legality of contracting with person receiving Tennessee consolidated retirement system benefits, OAG 00-028, 2000 Tenn. AG LEXIS 30 (2/22/00). Ability of Tennessee Consolidated Retirement System Group 2 retirees to continue drawing benefits while serving as circuit court clerk, OAG 05-187, 2000 Tenn. AG LEXIS 189 (12/28/05). City councilmember's receipt of TCRS benefits while holding office. OAG 12-43, 2012 Tenn. AG LEXIS 43 (3/29/12). Collateral References. Reemployment, effect on pension previously granted. 162 A.L.R. 1469 . Reemployment or reinstatement of teacher as restoration of original status as regards rights in pension fund. 89 A.L.R. 684 .