8-36-110 - Rate of benefit for beneficiary with creditable service in more than one class.
8-36-110. Rate of benefit for beneficiary with creditable service in more than one class.
(a) Anything in chapters 34-37 of this title to the contrary notwithstanding, if any member's creditable service includes a period or periods of service in an employment classification other than such member's classification at the time of separation from service for which the benefit provisions of chapters 34-37 of this title differ from those for such member's classification at the time of such member's separation from service, the following provisions shall be applicable in determining any retirement allowance or other benefit payable on such member's account.
(b) The rate of benefit with respect to the period of creditable service in each classification shall be the rate of benefit provided under chapters 34-37 of this title for such classification.
(c) (1) Any flat minimum benefit shall be determined separately with respect to each such period of creditable service, but the determination as to whether the benefit based on average final compensation or the flat minimum benefit is larger shall be made with respect to the member's total creditable service.
(2) Any benefit for service as a member of the general assembly shall be computed independently of benefits for other creditable service.
(d) Eligibility for any benefit payable on account of a member's death prior to retirement shall be determined on the basis of the member's most recent employment classification prior to death.
(e) Upon separation from service for reasons other than death, eligibility for a retirement allowance shall be determined on the basis of the member's total creditable service, but such determination shall be made separately with respect to benefits for the period of service in each classification on the basis of the applicable eligibility requirements provided by chapters 34-37 of this title.
(f) Notwithstanding the foregoing, if any member shall have rendered a period of prior service in an employment classification for which the rate of benefit is lower than the rate for such member's classification on June 30, 1972, and if under the provisions of the superseded system of which such member shall have been a member, such period would have been treated as service in such member's classification in effect on June 30, 1972, such period of prior service shall be considered for the purpose of this section to be service in the classification in effect on June 30, 1972.
(g) Any member, upon retiring, shall be eligible to use the aggregate number of years in all systems to qualify for retirement. Such member's benefits shall be computed under the applicable provisions of each superseded system based on the aggregate number of years in each superseded system or the Tennessee consolidated retirement system to determine such member's total benefits. The retirement allowance payable to such member shall not be less than the benefit determined on total years of service under Group 1.
(h) Anything to the contrary notwithstanding, the spouse of any member or former member of the superseded Tennessee county officials' retirement system who died while in office but who had not attained the minimum number of years for retirement, but who was at least fifty-five (55) years of age at the time of death, may be eligible for a benefit under the applicable provisions of this system.
[Acts 1972, ch. 814, § 5; 1973, ch. 347, §§ 21, 29; 1975, ch. 315, § 11; T.C.A., § 8-3924.]