§ 49-1549 — Cessation of disability allowance upon restoration to full service - Service as substitute teacher by persons receiving service allowance

(1) Should any beneficiary under the age of sixty (60) years be restored to active service at a compensation not less than his average final compensation, his retirement allowance shall cease, he shall again become a member of the retirement system and may elect either class A or class B membership unless he previously was a class A member in which case he shall become a class A member. Any prior service certificate on the basis of which his service was computed at the time of his retirement shall be restored to full force and effect, and in addition upon his subsequent retirement, his state annuity upon subsequent retirement shall not be restored, his state annuity payable prior to age sixty-five (65) shall not be less than the state annuity payable prior to his restoration to service and if he is restored to active service on or after the attainment of the age of fifty (50) years, and does not complete three (3) years of service after his restoration to service and prior to his subsequent retirement, his state annuity upon subsequent retirement shall not exceed the sum of the state annuity which he was receiving immediately prior to his last restoration and the state annuity that he would have received on account of his service since his last restoration had he entered service at the time as a new entrant; provided, however, the state annuity payable to a beneficiary who retired as a class B member shall be no less after age sixty-five (65) than before age sixty-five (65). (2) Notwithstanding any provision of law to the contrary, a retired member who is receiving a service retirement allowance may accept employment as a substitute teacher prior to the end of the school year in which he attains age seventy (70) for a total time not in excess of ninety (90) school days per school year without loss or suspension of his retirement allowance, provided he immediately notifies the board of trustees of his intention to render such service; provided that notwithstanding any provision of law to the contrary, a retired member who is receiving a service retirement allowance may accept employment as a substitute teacher after he attains age seventy (70) for a total time not in excess of ninety (90) school days per school year without loss or suspension of his retirement allowance, provided that he obtains from a reputable physician a certificate stating that said retired teacher is physically and mentally able to render service as a substitute teacher, and provided further that said teacher files said physician's certificate with the board of trustees of the Tennessee teachers' retirement system; provided further that said physician's certificate shall be valid for only one (1) year at a time but shall be subject to renewal upon the proper certification of a reputable physician. Provided further that the provisions of this section with respect to employment as a substitute teacher shall apply also to retirement allowances received from local retirement funds by members of local retirement systems, and subject to the approval of two thirds (2/3) of the membership of the local board of education, notwithstanding any municipal charter provisions to the contrary. (3) Notwithstanding any provision of law to the contrary, a retired member who is receiving a service retirement allowance may accept employment as an adult education teacher prior to the end of the school year in which he attains age seventy (70) for a total time not in excess of four hundred and twenty (420) hours per school year without loss or suspension of his retirement allowance, provided he immediately notifies the board of trustees of his intention to render such service; provided that notwithstanding any provision of law to the contrary, a retired member who is receiving a service retirement allowance may accept employment as a teacher in an adult education program after he attains age seventy (70) for a total time not in excess of four hundred and twenty (420) hours per school year without loss or suspension of his retirement allowance, provided that he obtains from a reputable physician a certificate stating that said retired teacher is physically and mentally able to render service as a teacher in an adult education program; and provided further that said teacher files said physician's certificate with the board of trustees of the Tennessee teachers' retirement system; provided further that said physician's certificate shall be valid for only one (1) year at a time but shall be subject to renewal upon the proper certification of a reputable physician.

Legislative History

Acts 1945, ch. 29, § 5; C. Supp. 1950, § 2540.5 (Williams, § 2524.5); Acts 1957, ch. 87, § 17; 1961, ch. 134, § 1; 1963, ch. 237, § 1; 1963, ch. 250, § 4; 1967, ch. 201, § 1; 1969, ch. 14, § 1; 1971, ch. 330, § 1; 1971, ch. 374, § 1.