Tennessee § 8-36-806 - Assignment to duty of retired state judges — Compensation — Creditable service.

§ 8-36-806. Assignment to duty of retired state judges — Compensation — Creditable service.

The chief justice of the supreme court is empowered to assign any retired state judge to: Hold any court in the state whenever in the chief justice's judgment it is necessary to do so in order to relieve congested dockets; or Sit for judges who may be incapacitated or who may be absent because of illness or otherwise. A retired state judge holding court hereunder shall be paid, in addition to the retirement allowance for the period during which the retired state judge sits as judge, the difference between the retired state judge's retirement allowance for the period and the amount the retired state judge would receive for that period if the retired state judge were an active judge of the same court. The chief justice shall certify to the judicial cost accountant the date on which such service commences and the date on which such service terminates. Any retired judge assigned to duty under this section who has not attained the maximum creditable service shall be entitled to receive credit for services performed in such duty; provided, that: Such judge elects to receive such credit by notice to the board; and Such judge authorizes the deduction of the applicable contributions as set forth under chapter 37, part 2 of this title. Such service shall be added to the creditable service of such judge and, on July 1 of each year, such judge's benefits shall be adjusted according to the superseded system or of the retirement system hereby created as may be appropriate. Notwithstanding this subsection (d) to the contrary, any retired judge assigned to duty under this section 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. Acts 1972, ch. 814, § 12; T.C.A., §§ 8-3940(a), 8-3940(c), 8-36-813; Acts 1986, ch. 553, § 20; 2012, ch. 611, § 3; 2018, ch. 736, § 25. Compiler's Notes. Former § 8-36-806 was transferred to § 8-36-802 in 1983. Amendments. The 2018 amendment redesignated former (d)(1) and (d)(2) as present (d)(1); redesignated former (e) as present (d)(2); and added (d)(3). Effective Dates. Acts 2018, ch. 736, § 29. April 18, 2018. Cross-References. Creditable service for judges, §§ 8-34-601 , 8-34-604 . For text of repealed laws concerning superseded retirement systems, see Appendix following this title. Attorney General Opinions. Consent form requirement of § 17-2-118 not applicable to assignments, OAG 97-113, 1997 Tenn. AG LEXIS 146 (8/14/97). Collateral References. Reemployment, effect on pension previously granted. 162 A.L.R. 1469 .