Tennessee § 8-36-820 - [Repealed.]

§ 8-36-820. [Repealed.]

Compiler's Notes. Section 8-36-820 (Acts 1993, ch. 400, §§ 1, 2; 1999, ch. 79, § 11), concerning return to service by retired municipal police officer or firefighter, was repealed by Acts 2005, ch. 203, § 9, effective January 1, 2006. Acts 2005, ch. 203, § 11 provided that the repeal of this section shall only apply to members who retire on or after January 1, 2006. For members who retired before January 1, 2006, the section read: “ Return to service by retired municipal police officer or firefighter. “(a) Notwithstanding any other law to the contrary, any person retired from the Tennessee consolidated retirement system based upon service as a municipal police officer or municipal firefighter may return to service as a police officer or firefighter with a different municipality and continue to draw retirement benefits which are based entirely upon service with the municipality from which the person retired, if the following conditions are met: “(1) The population of the municipality from which the person retired is greater than the population of the employing municipality, as determined by the latest federal census immediately prior to the person's return to employment; “(2) The annual earnable compensation received by such person from the employing municipality is less than the average final compensation used by the retirement system in calculating such person's retirement benefits; “(3) The chief legislative body of the employing municipality certifies in writing to the division of retirement that the person has the requisite experience, training and expertise for the position to be filled and that no other qualified persons are available to fill the position; “(4) After receipt of liability information from the retirement division, the chief legislative body of the municipality from which the person retired passes a resolution authorizing continuation of the retirement benefits and accepting the liability thereof; “(5) The person shall not be eligible to accrue additional retirement benefits as a result of such employment; and “(6) The municipality from which the person retired cannot derive more than fifty percent (50%) of its revenue from state-shared taxes as defined in title 9, chapter 4, part 53. “(b) Notwithstanding any other law to the contrary, any person retired from the Tennessee consolidated retirement system based upon service as a municipal police officer or municipal firefighter may work, in addition to the one hundred (100) days prescribed in § 8-36-805 , an additional eighty (80) days as a law enforcement instructor in an institution of higher learning; provided, that the following conditions are met: “(1) The head of the employing institution certifies in writing to the division of retirement that the person has the requisite experience, training and expertise for the position to be filled and that no other qualified persons are available to fill the position; “(2) The chief legislative body of the municipality from which the person retired passes a resolution authorizing continuation of the retirement benefits and accepting the liability for such benefits; and “(3) The person shall not be eligible to accrue additional retirement benefits as a result of such employment. “(c) A person who retired on the basis of a disability is not eligible for the return to service authorized by this section.”