Tennessee § 8-36-504 Determination of disability

Tennessee Statutes

§ 8-36-504 — Determination of disability

Tennessee § 8-36-504

Title8

This text of Tennessee § 8-36-504 (Determination of disability) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 8-36-504 (2026).

Text

(a)The medical advisors, after an examination of the medical records of such member, shall certify, and the board of trustees shall find, that the member is disabled and should be retired.

(b)(1) In making the disability determination, primary consideration is given to the severity of the individual's impairment.

(2)When medical considerations alone are not determinative of the issue of disability, consideration shall also be given to vocational factors.

(3)Where vocational factors indicate the individual is capable of retraining for other employment within a twelve-month period, the individual shall not be considered disabled.

(4)Vocational factors shall take into consideration the individual's age, education, training and work experience.

(c)(1) Except as provided in subdivision (c

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(a) The medical advisors, after an examination of the medical records of such member, shall certify, and the board of trustees shall find, that the member is disabled and should be retired. (b) (1) In making the disability determination, primary consideration is given to the severity of the individual's impairment. (2) When medical considerations alone are not determinative of the issue of disability, consideration shall also be given to vocational factors. (3) Where vocational factors indicate the individual is capable of retraining for other employment within a twelve-month period, the individual shall not be considered disabled. (4) Vocational factors shall take into consideration the individual's age, education, training and work experience. (c) (1) Except as provided in subdivision (c)(3), the board of trustees may, at its discretion, accept a disability medical determination from the social security administration in lieu of referring the matter to the medical advisors for certification. (2) Any member retired by the board of trustees on a disability retirement allowance pursuant to this subsection (c) shall not be relieved from §§ 8-36-506 - 8-36-508. (3) This subsection (c) shall only apply to determinations of disability made pursuant to 20 CFR 404.902 and 20 CFR 404.920 as in effect on January 19, 2005.

Legislative History

Acts 1972, ch. 814, § 5; 1973, ch. 347, §§ 14, 15; 1977, ch. 448, §§ 1, 2, 4; 1978, ch. 741, §§ 11, 12; 1979, ch. 321, §§ 1-3; T.C.A., §§ 8-3901, 8-3910, 8-3911; modified; Acts 2005, ch. 204, § 20; 2009 , ch. 142, § 7; 2010 , ch. 777, § 31.