Tennessee § 8-36-808 - Members of general assembly.

§ 8-36-808. Members of general assembly.

Notwithstanding any law to the contrary, any retired member of the Tennessee consolidated retirement system or of any superseded system administered by the state of Tennessee who becomes a member of the general assembly after November 1, 1982, may continue service in the general assembly without loss or suspension of retirement benefits; provided, that: The retirement benefits are based on service and salary rendered in a capacity other than that as a general assembly member; and For any such retiree who is elected to the general assembly on or after July 1, 2018, the retiree 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 general assembly service. Any retirement benefits accrued as a result of general assembly service will only be paid upon termination of services in the general assembly. Any general assembly member previously denied retirement credit: Under this section prior to its amendment by Acts 1985, ch. 449, §§ 22 and 23; or Under any other law governing the retirement system because such member was receiving a retirement benefit; shall be entitled to claim retirement credit for general assembly service upon making application therefor to the retirement system and making any contributions such member would have made had such member been a member during such period plus interest as provided by § 8-37-214 . Any adjustment in retirement benefits shall be effective at the beginning of the following month. Acts 1982, ch. 572, § 1; T.C.A., § 8-36-815 ; Acts 1985, ch. 449, §§ 22, 23; 1991, ch. 378, § 16; 1993, ch. 67, § 27; 1995, ch. 41, § 1; 1997, ch. 21, § 1; 2006, ch. 870, § 24; 2018, ch. 736, § 26. Compiler's Notes. Former § 8-36-808 (Acts 1972, ch. 814, § 12; T.C.A., § 8-3939(a)), concerning the employment of retired beneficiaries as substitute teachers without loss of benefits, was repealed by Acts 1983, ch. 342, § 17, and the present section (formerly § 8-36-815 ) substituted therefor. Acts 2002, ch. 879, § 2 provides that “The provisions of this act shall be subject to the funding being provided in the General Appropriations Act”. Article II, § 24 of the Tennessee Constitution provides that any law requiring funding shall be null and void unless, during the session in which the act receives final passage, an appropriation is made for the estimated first year's funding. On August 22, 2002, the department of finance notified the Tennessee code commission that no such funds were appropriated. Consequently the 2002 amendment to this section has not been implemented. Acts 2002, ch. 879, § 1, had the act been funded, would have amended subsection (c) to read as follows: “Notwithstanding any provision of law to the contrary, any person who is a member of the general assembly on or after July 1, 2001, may accept or continue employment in another position covered by the retirement system upon leaving the general assembly while drawing retirement benefits accrued as a result of service in the general assembly, provided that such person does terminate service in the general assembly and otherwise meets the eligibility requirements for the retirement benefits. Such person shall continue to accrue additional retirement service and salary credit as a result of such other employment. Upon termination of covered employment, the general assembly retirement benefits shall be recomputed to include the earned compensation received by such person for all years of creditable service under the retirement system.” Amendments. The 2018 amendment rewrote (a) which read: “(a) Notwithstanding any law to the contrary, any person becoming a member of the general assembly after November 1, 1982, may continue service in the general assembly without loss or suspension of such person's retirement allowance; provided, that such retirement allowance is based on service and salary rendered in a capacity other than that as a general assembly member.” Effective Dates. Acts 2018, ch. 736, § 29. April 18, 2018. 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 .