§ 8-35-204 — Membership by certain employees previously exercising option not to join

(a) Notwithstanding anything to the contrary, any present employee or former employee, employed at any time within three (3) years prior to the participation date of the employer, by an employer admitted as provided in §§ 8-35-201 , 8-35-202 , 8-35-215 and 8-35-216 shall be eligible for membership in the Tennessee consolidated retirement system. (b) (1) Before such service can be established, the actuary of the Tennessee consolidated retirement system shall determine the amount of unfunded accrued liability for the political subdivision. (2) Such member shall be entitled to credit for such periods of previous service actually rendered to such employer or its predecessor which are approved by a resolution legally adopted by a two-thirds (2/3) vote of the chief legislative body and for which the employer is willing to make accrued liability contributions based on information prepared in the actuarial study for such political subdivision. (3) Such employee shall make contributions for any such period of prior service in an amount equal to the amount such employee would have contributed had such employee been a member during such time, plus interest at the rate provided for in § 8-37-214 . (4) Thereafter, such service for an employee on account of which contributions have been made shall be considered as creditable service.

Legislative History

Acts 1977, ch. 319, § 1; T.C.A., § 8-3934(2); Acts 1980, ch. 654, § 14; 2010 , ch. 777, § 3.