(a)

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Terms Used In Tennessee Code 8-36-108

  • Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Employer: means :
    (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
  • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
  • State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
(1) If a member in service in Group 2 dies prior to retirement and the board of trustees determines that the member’s death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member’s person occurring while the member was in the actual performance of the member’s duty:

(A)

(i) A state annuity equal to one half (1/2) the member’s average final compensation shall be paid to the member’s surviving spouse or surviving minor child or children; provided, that either and no other person, persons or institution are named in writing by the member on file with the retirement system;
(ii) If the member’s surviving spouse is named, the annuity will continue to such spouse until death. If the named surviving spouse dies, then the annuity shall be divided equally among the member’s surviving minor children. Each child shall receive such child’s share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children;
(iii) If a surviving minor child or children are named, then the annuity shall be divided equally among them. Each child shall receive such child’s share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children;
(B) If there is no such surviving spouse or children named as beneficiary upon the member’s death, to the member’s father or mother, if living, for life, divided, where appropriate, in such manner as the board of trustees in its discretion shall determine.
(2) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated the member’s spouse as beneficiary under the option, the benefit payments under this section shall be made in lieu of any benefits under the option.
(3) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated a person other than the member’s spouse as beneficiary under the option, the benefit payments under the option shall be made in lieu of any benefits under this section.
(b)

(1)

(A) If a member in service in Group 1, 3 or 4 dies prior to retirement and the board of trustees determines that such person’s death was the natural and proximate result of an accident or was occasioned as the direct result of physical violence against the member’s person occurring while the member was in the actual performance of the member’s duty, a state annuity equal to one half (1/2) the member’s average final compensation shall be paid to the member’s surviving spouse or surviving child or children; provided, that either and no other person, persons or institution are named by the member in writing on file with the retirement system.
(B) If the member’s surviving spouse is named, this annuity will continue to such spouse until death. If the named surviving spouse dies, then this annuity shall be divided equally among the member’s surviving minor children. Each child shall receive such child’s share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children.
(C) If a surviving minor child or children are named, then this annuity shall be divided equally among them. Each child shall receive such child’s share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. On the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, then the annuity shall be paid to the member’s surviving spouse, if any, until the surviving spouse dies. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member’s death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(1) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member’s estate for the sole benefit of all the member’s surviving children, regardless of age; provided, that such excess exceeds the amount a bank may pay under § 45-2-708(a). Any such payment shall be free from the claims of any and all creditors.
(2) In order to be eligible for this benefit, the death must be conclusively shown by competent medical evidence to have occurred in the actual performance of duty, regardless of § 7-51-201.
(3) If the member has made an effective election of an optional benefit under part 6 of this chapter and has designated the member’s spouse as beneficiary under the option, the benefit payments under this section shall be made in lieu of any benefits under the option.
(4) If the member has designated an individual or individuals other than, or in addition to, the member’s surviving spouse or surviving child or children, such individuals may disclaim the death benefit otherwise payable. To be effective, the individuals must not have received any of the benefits, and the disclaimer must be in writing and filed with the division of retirement. Such writing shall contain the information required in § 8-36-125. If a disclaimer is made under this subdivision (b)(4), the state annuity described in subdivision (b)(1) shall be paid to the member’s surviving spouse and surviving child or children in accordance with subdivision (b)(1)(B). If no surviving spouse exists, then the annuity shall be paid to the member’s surviving child or children in accordance with subdivision (b)(1)(C).
(5)

(A)

(i) If the member has designated an individual or individuals other than, or in addition to, the member’s surviving spouse or surviving child or children and such individuals do not disclaim the death benefit under subdivision (b)(4), a state annuity shall nevertheless be paid the member’s surviving spouse and surviving child or children. The annuity shall be equal to the amount which would have otherwise been payable under subdivision (b)(1) had the member designated the member’s surviving spouse or surviving minor child or children as beneficiary, minus:

(a) The actuarial value of the benefits payable to the non-disclaiming beneficiaries; or
(b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries.
(ii) Notwithstanding this subdivision (b)(5) to the contrary, the annuity shall have a guaranteed minimum total value of fifty thousand dollars ($50,000), minus the:

(a) Actuarial value of the benefits payable to the nondisclaiming beneficiaries; or
(b) In the case of a lump sum payment, the amount of the lump sum payment made to the non-disclaiming beneficiaries.
(iii) The guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis and divided in the manner prescribed in subdivision (b)(5)(B).
(B) The annuity provided in subdivision (b)(5)(A) shall be paid to the member’s surviving spouse until such spouse’s death. Upon the surviving spouse’s death, this annuity shall be divided equally among the member’s surviving minor children. Each child shall receive such child’s share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. If the guaranteed minimum total value has not been paid out under this subdivision (b)(5)(B) in the form of an annuity by the first day of the month following the month in which the last surviving child dies or reaches twenty-two (22) years of age, the remaining amount shall be divided equally among all the member’s surviving children, regardless of age. If no surviving children exist, then the remaining amount shall be paid to the estate of the last to survive of the spouse and the member’s children in accordance with § 8-36-120.
(C) If no surviving spouse exists on the member’s death, then the annuity provided in subdivision (b)(5)(A) shall be divided equally among the member’s surviving minor children. Each child shall receive such child’s share until the first day of the month following the month in which the child dies or reaches twenty-two (22) years of age, whichever occurs first, at which time the annuity shall be redistributed equally among the remaining minor children. Notwithstanding the foregoing or any other law to the contrary, if no surviving spouse exists on the date of the member’s death and if the projected payments to be made to all the minor children pursuant to this subdivision (b)(5) do not exceed a minimum total value of fifty thousand dollars ($50,000), then the projected excess shall be paid to the member’s estate for the sole benefit of all the member’s surviving children, regardless of age, provided such excess exceeds the amount a bank may pay under § 45-2-708(a). Any such payment shall be free from the claims of any and all creditors.
(6) Notwithstanding any law to the contrary, the aggregate total death benefit payable under chapters 34-37 of this title on account of a member who dies in the line of duty shall have a value of not less than fifty thousand dollars ($50,000). Except as otherwise provided in this subsection (b), if the death benefit is payable to a single beneficiary, the guaranteed minimum value shall be paid in monthly installments calculated on a sixty-month basis. In the event the beneficiary dies before receiving all of the guaranteed minimum value, a lump sum payment equal to the actuarial equivalent of the monthly benefit due over the remaining months in the sixty-month period shall be paid to the beneficiary’s estate in accordance with § 8-36-120. If the benefit is payable to multiple beneficiaries, other than to the member’s surviving minor children, or to a non-human being such as a firm, organization, partnership, association, corporation, estate or trust, the guaranteed minimum value shall be paid in a lump sum. Amounts payable to multiple beneficiaries under this subdivision (b)(6) shall be distributed in equal proportions among the surviving beneficiaries.
(7) This subsection (b) 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 of this title unless the governing body of any such employer passes a resolution authorizing and accepting the associated liability and costs to provide such benefits.
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