Tennessee Code Title 8. Public Officers and Employees § 8-36-820

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) Notwithstanding another law to the contrary, a retired member of the Tennessee consolidated retirement system or of a superseded system, or of a local retirement fund established pursuant to chapter 35, part 3 of this title, may be reemployed in a position covered by the retirement system without the loss or suspension of the retired member's retirement benefits; provided, that:

(1) The member retired on an unreduced service retirement allowance pursuant to chapters 35 and 36 of this title, including, but not limited to, §§ 8-35-255, 8-35-256, 8-36-201, and 8-36-906;

(2) The retired member is reemployed as a law enforcement officer with a law enforcement agency for the sole purpose of serving full-time as a school resource officer, as defined in § 49-6-4202, at a public school in an LEA as defined in § 49-1-103 that serves students in any of the grades kindergarten through twelve (K-12);

(3) The retired member is not reemployed until the expiration of at least sixty (60) calendar days from the member's effective date of retirement;

(4) The retired member's reemployment must not exceed one (1) year; provided, that the retired member may be reemployed for an additional one-year period if the conditions in this section are met for each period of reemployment. A retiree must not be reemployed pursuant to this section for more than two (2) years;

(5) To fund the liability created by this section, the retired member's new employer shall pay to the Tennessee consolidated retirement system, during each period of reemployment, a payment equal to the amount the employer would have contributed to the retirement system had the retired member been a contributing member of the retirement system during the period of reemployment;

(6) The retired member is not eligible to accrue additional retirement benefits as a result of the member's reemployment pursuant to this section;

(7) Upon the reemployment of the retired member, the retired member's new employer shall:

(A) Notify the retirement system of the member's reemployment pursuant to this section and provide any documents or information required by the retirement system;

(B) Certify, in writing, to the retirement system that the retired member has the requisite experience and training for the position to be filled and that no other qualified person is available to fill the position; and

(C) Certify, in writing, to the retirement system that the employer is employing the retired member to serve full-time as a school resource officer at a public school in this state that serves students in any of the grades kindergarten through twelve (K-12); and

(8) The retiree is not drawing disability retirement benefits under chapter 36, part 5 of this title.

(b) If an LEA or multiple LEAs in the jurisdiction of a law enforcement agency have multiple full-time school resource officer positions available at one (1) or more public schools in the LEA or LEAs, then a law enforcement agency may employ a retired member for each position; provided, that the conditions of subsection (a) are met.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Tennessee Code Title 8. Public Officers and Employees § 8-36-820 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-8-public-officers-and-employees/tn-code-sect-8-36-820/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)