Tennessee Code Annotated

Tenn. Code Ann. § 8-34-204 (2026)

Amendment or repeal of laws not to diminish or annul acquired rights

✓ current as of May 2026
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Every provision of chapters 34-37 of this title shall be subject to amendment or repeal by any session of the general assembly; provided, that no such amendment or repeal shall diminish or annul, in any respect, any right acquired by a member or beneficiary under chapters 34-37 of this title.

Acts 1972, ch. 814, § 17; T.C.A., § 8-3948.


Notes of Decisions
Cited in 4 cases, 1981–2019 · leading case: Durham v. Martin, 388 F. Supp. 3d 919 (M.D. Tenn. 2019).
Durham v. Martin, 388 F. Supp. 3d 919 (M.D. Tenn. 2019). “On the other hand, if the language of § 8-34-204(c) applies instead, See Note 14, then state legislators may not have been subject to any requirement pertaining to length of service in order for their retirement benefits to vest.”
Blackwell v. Quarterly Cnty. Court of Shelby Cnty., 622 S.W.2d 535 (Tenn. 1981). · cites it 2× “T.C.A. § 8-34-204, dealing with the Tennessee Consolidated Retirement System, provides as follows: “Every provision of chapters 34 through 37 of this title shall be subject to amendment or repeal by any session of the general assembly, provided that no such amendment or repeal…”
Vicki Baumgartner, Pers. Rep. Of The Est. of Richard R. Baumgartner v. Tennessee Consol. Ret. Sys. (Tenn. Ct. App. 2018). · cites it 8× “Tenn. Code Ann. § 8-34-204 . Broadly reading this statute, Baumgartner argues that it prevented any legislative changes from altering “any of his rights” once he completed eight years of creditable service.”
Durham v. Martin, 287 F. Supp. 3d 683 (M.D. Tenn. 2017). · cites it 2× “Tenn. Code Ann. § 8-34-204 (b)(1) & (2). However, the statute also states that "[t]his provision shall not apply to members of the general assembly.”
— Tenn. Code Ann. § 8-34-204(c) — 1 case
Durham v. Martin, 388 F. Supp. 3d 919 (M.D. Tenn. 2019). “On the other hand, if the language of § 8-34-204(c) applies instead, See Note 14, then state legislators may not have been subject to any requirement pertaining to length of service in order for their retirement benefits to vest.”
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