Tennessee § 8-36-802 - Reenrollment upon reemployment or local system's inclusion in consolidated system.

§ 8-36-802. Reenrollment upon reemployment or local system's inclusion in consolidated system.

If a retiree restored to employment reenrolls as an active member of the retirement system, the excess, if any, of the retired member's accumulated contributions at retirement over the sum of the retirement allowance payments received by the retired member shall be credited to the retiree as accumulated contributions. Any creditable service to which the retiree was entitled when the retiree retired shall be restored to the retiree, and upon subsequent retirement, the retiree's retirement allowance shall be based on the retiree's compensation and creditable service before and after the period of prior retirement. If the retiree does not complete three (3) years of creditable service after restoration to service, the part of the retiree's retirement allowance upon subsequent retirement payable with respect to creditable service rendered before the period of the retiree's previous retirement, or included in the computation of the retiree's previous retirement allowance, shall be equal to the retiree's previous retirement allowance with all of the provisions of the retirement payment plan elected by the retiree, with respect to such part of the retiree's retirement allowance. If the retiree completes three (3) years or more of creditable service after restoration to service, the retirement payment plan elected by the retiree shall be void. Upon subsequent retirement, the retiree shall again elect the payment plan under which the retiree's retirement benefits shall be paid. The benefits shall be recomputed under such plan based on the total service and salary credit accrued by the retiree both before and after the retiree's previous retirement, unless such recomputation results in the retiree receiving a lower retirement allowance than the retiree would have received under that plan prior to restoration to service. If the recomputation results in a lower allowance, then the retiree's retirement allowance under the payment plan elected upon subsequent retirement shall be computed pursuant to subdivision (c)(1). Notwithstanding this subsection (c) or any other law to the contrary, the retirement benefits of any retiree who previously elected the social security leveling retirement payment plan pursuant to § 8-36-601(c) shall not be recomputed pursuant to this subdivision (c)(2) unless the retiree pays to the retirement system the difference in benefits received under the social security leveling plan during the retiree's previous retirement and the regular retirement payment plan. Any such retiree who fails to make such payment shall have such retiree's benefits computed pursuant to subdivision (c)(1). Acts 1972, ch. 814, § 5; 1976, ch. 816, § 6; T.C.A., § 8-3922(a); Acts 1981, ch. 387, § 14; 1981, ch. 508, § 11; T.C.A., §§ 8-36-802 , 8-36-805 , 8-36-806 ; Acts 1983, ch. 342, §§ 14, 15; 2004, ch. 631, § 11; 2005, ch. 204, § 21; 2010, ch. 777, § 32; 2018, ch. 736, § 23. Compiler's Notes. Acts 2010, ch. 777, § 48 provided that § 32 of the act, which amended subsection (c), shall only apply to retirees who again become members of the Tennessee consolidated retirement system on or after July 1, 2010, pursuant to the provisions of § 8-36-802 . Amendments. The 2018 amendment deleted former (a) and (b) which read: “(a) Upon reemployment in a position covered by the Tennessee consolidated retirement system, or should the retiree be an employee of a political subdivision which subsequently elects to cover its employees under the Tennessee consolidated retirement system, the retiree shall have the option of becoming a member of the Tennessee consolidated retirement system, or of executing an irrevocable election not to participate.“(b) Should the reemployed retiree elect to become a member of the retirement system, the retiree shall make such contributions as are provided for the class membership and establish credit for additional service.”; redesignated former (c)-(e) as present (a)-(c); in present (a), deleted the former heading “Accumulated Contributions” and added “If a retiree restored to employment reenrolls as an active member of the retirement system,” at the beginning; deleted the former heading “Creditable Service Accumulated Prior to Reemployment” in present (b); and, in present (c), deleted the former heading which read: “Creditable Service During Reemployment” and substituted “§ 8-36-601(c) ” for “§ 8-36-101 ”. Effective Dates. Acts 2018, ch. 736, § 29. April 18, 2018.