Tennessee § 9-21-127 - Bonds for certain unfunded pension obligations.

§ 9-21-127. Bonds for certain unfunded pension obligations.

Local governments may issue general obligation bonds or revenue bonds under this part and parts 2 and 3 of this chapter for certain unfunded pension obligations or for not greater than fifty percent (50%) of the value of certain unfunded other post-employment benefits if such is approved by the state funding board after receiving a recommendation by the comptroller of the treasury or the comptroller's designee. A local government that issues bonds for certain unfunded pension obligations pursuant to § 9-21-105(4)(A)(iv) shall not be required to receive a recommendation by the comptroller of the treasury or the comptroller's designee or the approval of the state funding board if: The principal amount of the bonds is amortized over the term of the bonds such that the bonds are not balloon indebtedness, as defined in subdivision (b)(2); and The local government has: Adopted a debt management policy in compliance with guidelines promulgated by the state funding board; Available for public inspection its financial statements prepared in compliance with generally accepted accounting principles for state and local governments with an unqualified auditor's opinion for the two (2) most recent fiscal years; Presented to its governing body at a public hearing an explanation of the risk exposure associated with such bonds, economic and demographic assumptions used in the funding assumptions, alternative funding options considered, issuance costs associated with the proposed bonds and any conflicts of interest among the professionals involved (if disclosing such conflicts would not violate any rules of professional conduct); Engaged or will engage a financial advisor, bond counsel and actuarial consultant in connection with the issuance of such bonds; A full-time finance staff of at least three (3) persons; and An audit committee. As used in this subsection (b), “balloon indebtedness” means any bond: Twenty percent (20%) or more of the principal amount of which is payable during any twelve-month period; or Fifty percent (50%) or more of the principal amount of which is payable in the aggregate twenty (20) years or more after the date of issuance. Notwithstanding any provisions of this chapter to the contrary, any bonds issued pursuant to this section shall mature at such time or times not exceeding thirty (30) years from their respective dates and the proceeds from any bonds issued for certain unfunded other post-employment benefits shall be invested in accordance with an investment trust established pursuant to title 8, chapter 50, part 12. Acts 1997, ch. 390, § 3; 2008, ch. 991, § 2; 2010, ch. 868, § 42; 2013, ch. 467, § 5. Compiler's Notes. For the Preamble to the act concerning certain unfunded pension obligations for which local governments may issue bonds, please refer to Acts 2013, ch. 467.