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Tennessee General Assembly· SB 251Signed by Governor.

Public Employees - As enacted, establishes that a retiree who is a member of the Tennessee consolidated retirement system must have had a bona fide separation of service before the retiree is allowed to accept temporary , the official text

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                             PUBLIC CHAPTER NO. 159

                                                    SENATE BILL NO. 251

                                                        By Yager, Reeves

                                           Substituted for: House Bill No. 313

                                                        By Marsh, Hawk

AN ACT to amend Tennessee Code Annotated, Section 8-25-213 and Title 8, Chapter 36, Part 8,
          relative to reemployment after retirement.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 8-36-805, is amended by deleting the
section and substituting:

                   (a) A retired member or prior class member of the retirement system, and a retiree of
          a local retirement fund receiving benefits in accordance with chapter 35, part 3 of this title
          may return to service temporarily in a position covered by the retirement system and
          continue to draw the person's retirement allowance; provided, that all of the following
          conditions are met:

                             (1) The retired member must have had a bona fide separation of service. For
                   purposes of this section, a "bona fide separation of service" means a separation of
                   service where there is:

                                       (A) No prearranged agreement, whether verbal or in writing, prior to
                             the member's retirement between the member and a participating employer in
                             the retirement system for the member to return to work for the employer after
                             retirement; and

                                       (B) A complete separation of service, from all employment in a position
                             or positions covered by the retirement system, for at least sixty (60) calendar
                             days between the member's effective date of retirement and the first day of
                             work for the employer as a retiree;

                             (2) During a twelve-month period, the retiree must not work more than one
                    hundred twenty (120) days or the equivalent of one hundred twenty (120) days, or if
                    employed as a teacher by an institution of higher learning, twenty-four (24) quarter
                    credit hours or eighteen (18) semester credit hours;

                              (3) The entire compensation payable to the retired member for the temporary
                    employment period must not exceed an amount equal to the sum of sixty percent
                    (60%) of the annual full-time salary received by the retired member in the year
                    immediately prior to the member's last paid day of covered employment, adjusted by
                    five percent (5%) for each year since the member's last paid day of covered
                    employment or by such other percentage as may be determined by the treasurer and
                    the commissioner of human resources. In determining the percentage for a given
                    year, the treasurer and the commissioner of human resources may consider any
                    matter which, in their discretion, they deem relevant, including, but not limited to, the
                    condition of the labor market and the ability to fill the respective positions;

                              (4) The retired member may work beyond the one hundred twenty (120) days
                    prescribed in subdivision (a)(2) if employed as a substitute teacher in a public school
                    system; provided, that the compensation payable to the retired member for such work
                    does not exceed the rate of compensation set by the public school system for
                    substitute teachers filling similar vacant positions, and the total salary paid to any
SB 251

                   such retired member for teaching during the twelve-month period does not exceed
                   the pertinent pro rata share of average salary being paid at the institution in the
                    academic discipline concerned;

                              (5) The head of the employing entity or the head's designee:

                                        (A) Certifies to the retirement division the member's name, period to be
                             employed, number of days to be worked, compensation to be paid, anticipated
                             termination date, and that there was no explicit prearrangement at the time of
                             the member's retirement for future employment with the new employing entity
                              after the member's retirement. The certification must be made in the manner
                              prescribed by the retirement division and must be filed annually, if applicable,
                              and acknowledged by the member;

                                       (8) Submits a statement showing working hours and compensation for
                              the retiree when requested; and

                                        (C) Is subject to audit to verify working hours and the compensation
                              being paid;

                              (6) If the period of return to service or the compensation therefor exceed that
                    specified in this section, then the person's monthly retirement allowance must be
                    reduced by the greater of the following:

                                        (A) Each day worked in excess of the limitation must result in the loss
                              of one-twentieth (1/20) of the monthly retirement allowance; or

                                       (8) Any compensation received in excess of the limitation must reduce
                              the retirement allowance payable by the ratio the compensation exceeds the
                              limitation;

                              (7) The retirement system may obtain reimbursement for any retirement
                    benefits overpaid as a result of a retiree's reemployment in excess of that permitted
                    by this section, by deductions from a retiree's monthly benefit;

                              (8) The retired member, if otherwise eligible, may participate in the state's
                    401 (k) or 457(b) deferred compensation plans, but is not eligible to accrue additional
                    retirement benefits in the retirement system as a result of the member's
                    reemployment; and

                              (9) The retiree is not drawing disability retirement benefits under this chapter.

                    (b) For a member whose effective date of retirement was in fiscal years 2022-2023,
          2023-2024, or 2024-2025, with the state fiscal year being from July 1 to June 30, if the
          retirement system discovers that the member did not have a bona fide separation of service,
          then the member must be treated as receiving an in-service distribution and the retirement
          system shall make any required tax reporting changes to reflect the in-service distribution in
          prior years. After July 1, 2025, the identified members may be temporarily reemployed
          pursuant to this chapter after a bona fide separation of service.

          SECTION 2. Tennessee Code Annotated, Section 8-36-809, is amended by deleting the
section and substituting:

                    Notwithstanding another law to the contrary, a retired member or prior class member
          of the retirement system, and any retired member of a local retirement fund receiving
          benefits pursuant to chapter 35, part 3 of this title may be reemployed in a position covered
          by the retirement system without the loss or suspension of the retired member's retirement
          system benefits; provided, that the following conditions are met, as certified by the employer:

                              (1) The retired member must have had a "bona fide separation of service". For
                    purposes of this section, a "bona fide separation of service" means a separation of
                    service where there is:

                                        (A) No prearranged agreement, whether verbal or in writing, prior to
                              the member's retirement between the member and a participating employer in
                              the retirement system for the member to return to work for the employer after
                              retirement; and

                                        (8) A complete separation of service from all employment in a position
                              or positions covered by the retirement system of at least sixty (60) calendar

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SB 251

                 days between the member's effective date of retirement and the first day of
                 work for the employer as a retiree;

                 (2) The retired member is reemployed in a hard-to-fill position. For purposes of
        this section, a "hard-to-fill position" means a position where one (1) or more of the
        following conditions are met:

                           (A) The employer is experiencing difficulty in recruiting and retaining
                 qualified employees for the position;

                           (B) The position requires specialized certification, credentials, or
                 education;

                           (C) The demand for the position exceeds the supply;

                           (D) The position is in high demand in the marketplace;

                           (E) The position is filled by key personnel;

                           (F) The position requires specific skills and experience; or

                           (G) The position has other unique recruitment or retention issues
                  identified and documented by the employer;

                  (3) During the reemployment, the retirement benefit payable to the retired
        member must be reduced to seventy percent (70%) of the retirement allowance the
        member would have otherwise been entitled to receive;

                  (4) The retired member's reemployment must not exceed one (1) year;
        however, the retired member may be reemployed for additional one-year periods,
        provided, that the conditions contained in this section are met for each period of
        reemployment;

                  (5) To fund the liability created by this section, the retired member's new
        employer shall pay to the retirement system during each period of reemployment the
        greater of:

                           (A) 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

                           (B) An amount equal to five percent (5%) of the retired member's
                  earnable compensation;

                  (6) The retired member, if otherwise eligible, may participate in the state's
        401 (k) or 457(b) deferred compensation plans, but is not eligible to accrue additional
        retirement benefits in the retirement system as a result of the member's
        reemployment;

                  (7) Prior to the commencement of each reemployment of the retired member,
        the head of the retired member's new employer, or the head's designee:

                            (A) Notifies the retirement division of the retired member's
                  reemployment with documents or information required by the retirement
                  system; and

                            (B) Certifies in writing to the retirement division that:

                                     (i) The position is a hard-to-fill position;

                                      (ii) The retired member has the requisite experience and
                            training for the position to be filled;

                                      (iii) No other qualified persons are reasonably available to fill
                            the position; and

                                      (iv) There was no explicit prearrangement at the time of the
                            member's retirement for future employment with the new employing
                            entity after the member's retirement; and

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SB 251
                                        (C) Makes the certification in the manner prescribed by the retirement

                             division, file the certification annually, if applicable, and ensure the certification
                              is acknowledged by the member; and
                              (8) The retiree is not drawing disability retirement benefits under this chapter.
          SECTION 3. Tennessee Code Annotated, Section 8-36-801 (c), is amended by deleting the
second sentence and substituting:
          This subsection (c) does not apply to retirees who return to service in a position covered by
          the retirement system as provided in§ 8-36-805, § 8-36-809, § 8-36-810, § 8-36-818, or§ 8-
          36-820.
          SECTION 4. Tennessee Code Annotated, Section 8-25-213(1 ), is amended by deleting the
subdivision and substituting:
                    (1) Is subject to the applicable work and compensation limits set forth in § 8-36-
          805(a).
          SECTION 5. Tennessee Code Annotated, Sections 8-36-821 and 8-36-822, are amended by
deleting the sections in their entireties.
          SECTION 6. Section 5 takes effect January 1, 2026, the public welfare requiring it. All
remaining sections of this act take effect July 1, 2025, the public welfare requiring it.

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         SENATE BILL NO. 251

PASSED:  March 31, 2025

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                                  SPEAKER OF THE SENATE

                         ~
                             CAMERON SEXTON, SPEAKER
                            HOUSE OF REPRESENTATIVES

Apa 11 ~ APPROVED this   I
         day of               2025

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