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2021 Tennessee Code
Title 8 - Public Officers and Employees
Chapter 36 - Retirement Benefits
Part 8 - Reemployment After Retirement
§ 8-36-801. Suspension of Benefits While Reemployed — Further Contributions Optional
Universal Citation: TN Code § 8-36-801 (2021)
- Except as provided in this part, any retired member of the Tennessee consolidated retirement system, or of any superseded system, or of any local retirement fund established pursuant to chapter 35, part 3 of this title who accepts employment in a position covered by the Tennessee consolidated retirement system shall, as a condition of such employment, cease to draw the member's retirement allowance during the period of the employment; however, the member shall keep the member's retirement benefit in the month that the member returns to work.
- A retiree restored to employment shall not be required to reenroll as an active member of the retirement system, to make further contributions to the retirement system or to void the retirement payment plan elected by the member. Employees covered by the noncontributory provisions of the system in accordance with § 8-34-206 shall reenroll and accrue service. Any retiree restored to employment who reenrolls as an active member of the retirement system shall be treated as voiding any optional benefit previously elected under § 8-36-601 for purposes of in-service death benefits. Subject to § 8-36-802(c), any such optional benefit previously elected shall be restored upon subsequent retirement.
- Notwithstanding subsection (b), any retiree who is hired or rehired in a position covered by the retirement system 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. This subsection (c) shall not apply to retirees who return to service in a position covered by the retirement system as provided in § 8-36-805, § 8-36-810, § 8-36-818, or § 8-36-821. This subsection (c) shall also not apply to retired members who are employees of a political subdivision that subsequently elects to cover its employees under the retirement system, unless the employee was a member or former member of a preexisting defined benefit plan maintained by that political subdivision.
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