HB1383112th GA (Historical)Introduced

Amends TCA Title 4, Chapter 7; Title 8, Chapter 25; Title 8, Chapter 34; Title 8, Chapter 35; Title 8, Chapter 36 and Title 8, Chapter 37.

ON MAY 3, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 185, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize law enforcement officers who have been retired for at least nine months from TCRS, from any superseded system administered by the state, or from any local retirement fund to accept employment as a law enforcement officer without loss or suspension of retirement benefits under the following conditions: (1) The retired member has successfully completed any annual training required by present law, and as required by the POST commission; (2) Notification of, and submission of any information required by, the retirement division, (3) The employing law enforcement agency certifies in writing to the retirement division that the retired member has the requisite experience and training for the position to be filled; (4) The retired member must not be eligible to accrue additional retirement benefits as a result of such employment; (5) The retired member must not receive automatic credit for years of experience in determining compensation; (6) The salary paid to the retired member for serving as a law enforcement officer must not be less than the rate of compensation set by the employing law enforcement agency for law enforcement officers with no experience filling similar positions and must not exceed 85 percent of the rate of compensation set by the employing law enforcement agency for law enforcement officers with comparable training and years of experience filling similar positions. Once the salary is set, the retired member will not be eligible for in-service training cash supplements; and (7) The retired member's appointment to serve as a law enforcement officer cannot exceed one year. The retired member may be reappointed to additional one-year periods; provided, that the conditions contained in (1)-(5) are met for each such reappointment. This amendment authorizes payments to be made by appropriation of funds by the retired member's employing law enforcement agency, in the case of a municipality or political subdivision, for the purpose of: (1) Making a payment equal to the sum the retired member would have contributed had the retired member been a member of the retirement system for the position during the period of employment, together with statutory interest; or (2) Paying any additional amount as determined by the board of trustees of TCRS required to fund the liability created by this amendment. The provisions of this amendment will be repealed July 1, 2023. ON MAY 4, 2021, THE HOUSE SUBSTITUTED SENATE BILL 1185 FOR HOUSE BILL 1383, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1185, AS AMENDED. AMENDMENT #1 incorporates the provisions of Senate Amendment #1 with various grammatical changes, and changes the provisions concerning payments to require that payments are made by appropriation of funds by the retired member's employing law enforcement agency, in the case of a municipality or political subdivision, for the purpose of: (1) Making a payment equal to the amount the employer would have contributed had the retired member been a member of the retirement system for the position during the period of employment (This amendment removes statutory interest from this provision); or (2) Paying an additional amount as determined by the board of trustees of the Tennessee consolidated retirement system required to fund the liability created by this bill; provided, that such amount is not less than five percent of the retired member's pay rate.

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Overview

ON MAY 3, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 185, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize law enforcement officers who have been retired for at least nine months from TCRS, from any superseded system administered by the state, or from any local retirement fund to accept employment as a law enforcement officer without loss or suspension of retirement benefits under the following conditions: (1) The retired member has successfully completed any annual training required by present law, and as required by the POST commission; (2) Notification of, and submission of any information required by, the retirement division, (3) The employing law enforcement agency certifies in writing to the retirement division that the retired member has the requisite experience and training for the position to be filled; (4) The retired member must not be eligible to accrue additional retirement benefits as a result of such employment; (5) The retired member must not receive automatic credit for years of experience in determining compensation; (6) The salary paid to the retired member for serving as a law enforcement officer must not be less than the rate of compensation set by the employing law enforcement agency for law enforcement officers with no experience filling similar positions and must not exceed 85 percent of the rate of compensation set by the employing law enforcement agency for law enforcement officers with comparable training and years of experience filling similar positions. Once the salary is set, the retired member will not be eligible for in-service training cash supplements; and (7) The retired member's appointment to serve as a law enforcement officer cannot exceed one year. The retired member may be reappointed to additional one-year periods; provided, that the conditions contained in (1)-(5) are met for each such reappointment. This amendment authorizes payments to be made by appropriation of funds by the retired member's employing law enforcement agency, in the case of a municipality or political subdivision, for the purpose of: (1) Making a payment equal to the sum the retired member would have contributed had the retired member been a member of the retirement system for the position during the period of employment, together with statutory interest; or (2) Paying any additional amount as determined by the board of trustees of TCRS required to fund the liability created by this amendment. The provisions of this amendment will be repealed July 1, 2023. ON MAY 4, 2021, THE HOUSE SUBSTITUTED SENATE BILL 1185 FOR HOUSE BILL 1383, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1185, AS AMENDED. AMENDMENT #1 incorporates the provisions of Senate Amendment #1 with various grammatical changes, and changes the provisions concerning payments to require that payments are made by appropriation of funds by the retired member's employing law enforcement agency, in the case of a municipality or political subdivision, for the purpose of: (1) Making a payment equal to the amount the employer would have contributed had the retired member been a member of the retirement system for the position during the period of employment (This amendment removes statutory interest from this provision); or (2) Paying an additional amount as determined by the board of trustees of the Tennessee consolidated retirement system required to fund the liability created by this bill; provided, that such amount is not less than five percent of the retired member's pay rate.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 22, 2021

Subjects
3625451028852715

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HB1383: Amends TCA Title 4, Chapter 7; Title 8, Chapter 25; Title 8, Chapter 34; Title 8, Chapter 35; Title 8, Chapter 36 and Title 8, Chapter 37. | LegisGo