Tennessee § 8-36-821 - Employment as a teacher.

§ 8-36-821. Employment as a teacher.

Notwithstanding any law to the contrary, any person retired for at least one (1) year from the Tennessee consolidated retirement system, from any superseded system administered by the state, or from any local retirement fund pursuant to chapter 35, part 3 of this title may accept employment as a kindergarten through twelfth (K-12) grade teacher without loss or suspension of retirement benefits under the following conditions: The retired member holds any teacher's professional license or certificate as may be required in title 49, chapter 5; The superintendent or director of schools of the employing school system certifies in writing to the division of retirement and to the commissioner of education that the retired member 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; The commissioner certifies in writing to the division that the employing school system serves an area that lacks qualified teachers to serve in the position to be filled; The retired member shall not be entitled to tenure status as provided in title 49, chapter 5, part 5; Such retired member shall not be eligible to accrue additional retirement benefits, accrue leave or receive medical insurance coverage as a result of such employment; The retired member shall not receive automatic credit for years of experience in determining compensation; provided, that the salary paid to such retired member for performing the teaching services shall not be less than the rate of compensation set by the school system for teachers with no experience filling similar positions, nor shall such salary exceed eighty-five percent (85%) of the rate of compensation set by the school system for teachers with comparable training and years of experience filling similar positions. Once such compensation is set, the retired member shall not be entitled to supplements paid under the career ladder program [repealed]; and The retired member's appointment to serve as a teacher cannot exceed one (1) year. The retired member may be reappointed to additional one-year periods; provided, that the conditions contained in this section are met for each such reappointment, including the certifications required in subdivisions (a)(2) and (3). This section shall not be construed to prohibit any retired member or prior class member of the Tennessee consolidated retirement system, or any retiree of a local retirement fund receiving benefits in accordance with chapter 35, part 3 of this title from returning to service temporarily in a position covered by the Tennessee consolidated retirement system pursuant to § 8-36-805. Acts 2000, ch. 903, § 1; 2004, ch. 631, § 13; 2009, ch. 254, § 1; 2010, ch. 777, § 35. Compiler's Notes. Acts 2000, ch. 903, § 5 provided that the provisions of the act shall be subject to the funding being provided in the General Appropriations Act, and that to fund the additional pension liability created by the act, the Commissioner of Education is directed to transfer to the Tennessee Consolidated Retirement System the following type funds: basic education program funds of local education agencies that on or after July 1, 2001, hire retired members who retired on or after April 1, 2000, as teachers pursuant to the provisions of the act and other funds which would have otherwise been payable to the agencies had the agencies not taken advantage of the provisions of this section. According to information provided by the Department of Finance and Administration, funding was provided. The career ladder program, referred to in this section, §§ 49-5-5201 -49-5-5241, were repealed by Acts 2013, ch. 214, § 1. Cross-References. Investigation of applicants for teaching positions, § 49-5-413 . Retired teacher employed as a teacher not a “professional employeee,” § 49-5-602 .