§ 8-36-715 — Increase in retirement allowance for retired teachers, wildlife officers, state police officers, firefighters, police officers and general employees

(a) (1) The retirement allowance of each retired teacher, wildlife officer, state police officer, firefighter, police officer and general employee shall be increased effective January 1, 2007, in accordance with the following schedule: Date of Retirement Percentage Increase prior to 7/2/75 .................... 10.0% 7/2/75 - 7/1/77.................... 7.5% 7/2/77 - 7/1/79.................... 6.0% 7/2/79 - 7/1/81.................... 3.0% 7/2/81 - 7/1/83.................... 1.2% 7/2/83 - 7/1/85.................... 0.9% 7/2/85 - 7/1/87.................... 0.5% 7/2/87 - 7/1/89.................... 0.3% (2) The increase provided in subdivision (a)(1) shall be in addition to any other increase in retirement benefits provided by this part and shall not be paid retroactively, but shall become effective on January 1, 2007. (b) As used in this section, "teacher" and "general employee" mean any retired teacher and any retired general employee, as defined in § 8-34-101 , and any former teacher or state employee receiving benefits under chapter 39, part 1 of this title. (c) Sections 8-36-102 and 8-36-208(a) shall not be construed to prevent any increase in the retirement allowance of a retiree when the increase is in accordance with this section. (d) Notwithstanding any law to the contrary, this section shall not apply to individuals who are members of the retirement system by virtue of their employment with any employer participating in the retirement system pursuant to chapter 35, part 2 of this title, unless the governing body of the employer passes a resolution to accept the associated liability and costs to provide the benefits. This increase in benefits shall become effective following the adoption of the resolution. No retroactive benefits are to be paid under this subsection (d). It is the legislative intent that the state shall realize no increased cost as a result of providing the increase to employees of employers participating in the retirement system pursuant to chapter 35, part 2 of this title. All costs associated with the increase shall be the responsibility of the respective employer. (e) (1) (A) On July 1, 2006, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(4)(A) shall be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined; provided, however, that the first adjustment under this subdivision (e)(1) shall occur on November 7, 2006, and on each July 1 thereafter, in accordance with this subdivision (e)(1), for persons who are in service on July 1, 2006. (B) On July 1, 2025, and on each July 1 thereafter, the minimum retirement allowance provided for in § 8-36-209(b)(5)(A) must be adjusted pursuant to the cost-of-living provisions in § 8-36-701(b)(1) and (2) until the person has been retired from the retirement system for twelve (12) months on July 1 next following the December 31 as of which the adjustment is determined. (2) Any beneficiary of any benefit provided to a member of the general assembly pursuant to subdivision (e)(1) may elect to receive an amount less than the amount that member is eligible to receive; provided, that the request is in writing and irrevocable.

Legislative History

Amended by 2023 Tenn. Acts, ch. 407, s 5, eff. 5/11/2023. Acts 2006, ch. 982, § 5.