Tennessee Code Annotated
Tenn. Code Ann. § 8-34-703 (2024)
Rights of prior class members preserved
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
Any prior class member shall be entitled to benefits under the retirement system determined in accordance with the superseded system of which such member shall have been a member, as in effect on July 1, 1972, with the following modifications:
- (1) The rate of benefits applicable to the "average final compensation" of Class B members of the Tennessee teachers' retirement system and to the "average compensation" of Class B members of the Tennessee state retirement system shall be increased from one and three-fourths percent (1¾%) to one and seven-eighths percent (17/8%);
- (2) Sections 8-34-602(e), 8-34-712 and this section shall apply to present members of Group 3 as well as members coming into Group 3 prior to September 1, 1974.
Acts 1972, ch. 814, § 11; 1975, ch. 315, § 5; T.C.A., § 8-3935(4).
Notes of Decisions
Cited in 3
cases, 1981–1988 · leading case: Roberts v. Tennessee Consol. Ret. Sys., 622 S.W.2d 544 (Tenn. 1981).
Roberts v. Tennessee Consol. Ret. Sys., 622 S.W.2d 544 (Tenn. 1981). “Now codified as portions of T.C.A. §§ 8-34-703, 8-34-713 and 8-30-102.”
Abernathy v. Tennessee Consol. Ret. Sys., 655 S.W.2d 143 (Tenn. 1983). “, §8-3935(4) (presently codified at T.C.A., § 8-34-703). Therefore, the rights to benefits that had vested prior to implementation of the TCRS were preserved inviolate.”
Mathews v. Burkeens, 763 S.W.2d 739 (Tenn. 1988). “— Each and all of the sections and chapters repealed by § 8-34-701 will remain in full effect for the purpose of defining rights, benefits and privileges preserved under § 8-34-703. 8-34-703. Rights of prior class members preserved.”
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