ON APRIL 10, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 706, AS AMENDED.
AMENDMENT #1 rewrites this bill to make changes to the present law relative to reemployment after retirement from public employment.
REEMPLOYMENT AS A LAW ENFORCEMENT OFFICER
This amendment provides that a retired member of the Tennessee consolidated retirement system (TCRS) or a superseded system, or a local retirement fund may be reemployed in a position covered by the retirement system as a law enforcement officer without the loss or suspension of the retired member’s TCRS benefits so long as the following conditions are met:
(1) The retired member, as of the date of reemployment, must have successfully completed annual training required by state law and as required by the Tennessee peace officer standards and training commission;
(2) The retired member is not reemployed until the expiration of at least 60 calendar days from the member’s effective date of retirement;
(3) During the reemployment, the retirement benefit payable to the retired member must be reduced to 70 percent of the retirement allowance the member would have otherwise been entitled to receive;
(4) The retired member’s reemployment must not exceed one year so long as the retired member may be reemployed for additional one-year periods if the conditions contained in this bill are met for each period of reemployment;
(5) To fund the liability created by this bill, the retired member’s new employer must pay to TCRS during each period of reemployment the greater of either a payment equal to the amount the employer would have contributed to the retirement system had the retired member been a member of the retirement system during the period of reemployment; or an amount equal to five percent of the retired member’s pay rate;
(6) The retired member is not eligible to accrue additional retirement benefits as a result of the member’s reemployment;
(7) Upon the reemployment of the retired member, the retired member’s new employer must notify the retirement system of the member’s reemployment with any documents or information required by the retirement system; and certify in writing to the retirement system that the retired member has the requisite experience and training for the position filled and that no other qualified persons are available to fill the position; and
(8) The retiree is not drawing disability retirement benefits under this bill.
This amendment further provides that within a one-year period, a retiree who is reemployed in a position covered by TCRS pursuant to this bill must not switch from one reemployment provision to another; or simultaneously be reemployed under more than one reemployment provision.
EMPLOYMENT AS A TEACHER
Under present law, the provisions regarding the reemployment after retirement as a teacher must not be construed to prohibit any retired member or prior class member of TCRS, or any retiree of a local retirement fund receiving benefits in accordance with state law from returning to service temporarily in a position covered by TCRS. This amendment removes this provision.
APPLICABILITY
This amendment applies to reemployments occurring on or after July 1, 2023, and is set to repeal on June 30, 2025.
Statutes affected: Introduced: 8-36-809(b), 8-36-809, 8-36-809(e)