Tenn. Code § 8-3507

Current through Acts 2023-2024, ch. 1069

Section 8-3507 - Amount of disability allowance

Until the time specified in § 8-3452, upon retirement on account of disability a member shall receive an annual disability retirement allowance, payable monthly in equal instalments, in an amount equal to such per cent of his average compensation as may be determined on the basis of the actuarial evaluation set forth in §§ 8-3427 and 8-3428, multiplied by the total years of his current service plus certified prior service, except that in the case of any member who is a commissioned member of the department of safety or of the enforcement and field services division of the game and fish commission such per cent shall be nine-tenths (⁹/₁₀) of two per cent (2%); however, no member shall be paid a disability retirement allowance less than one-fourth (¼) of his average compensation.

After the time mentioned in § 8-3452, upon retirement on account of disability, a member shall receive a service retirement allowance if he is then eligible, otherwise, a disability retirement allowance, in an amount depending on his class of membership and computed as follows:

(1) Class A: nine-tenths (⁹/₁₀) of an allowance computed as a service retirement allowance on the basis of his average compensation and creditable service at the time of disability retirement, provided, however, that if his creditable service is less than twenty (20) years, a part or all of his additional years he would have had, had he continued in service to age sixty-five (65), may be added to his creditable service in order to determine his minimum retirement allowance, but in this event the total cannot exceed twenty (20) years, and for purposes of such determination, covered compensation at the time of disability retirement shall be deemed to have continued in effect during such additional years.

(2) Class B: nine-tenths (⁹/₁₀) of an allowance computed as a service retirement allowance on the basis of his average compensation and average excess compensation and creditable service at the time of disability retirement, provided, however, that the disability allowance so computed shall not be less than twenty-five per cent (25%) of average compensation and average excess compensation.

(3) Class C: nine-tenths (⁹/₁₀) of an allowance computed as a service retirement allowance on the basis of his average compensation and creditable service at the time of disability retirement but not less than twenty-five per cent (25%) of average compensation.

However, any commissioned member of the enforcement and field services division of the game and fish commission shall receive a disability retirement allowance in an amount equal to nine-tenths (⁹/₁₀) of two and one-eighth per cent (21/8%) of his average compensation multiplied by the total number of years of his creditable service, except that the minimum retirement allowance shall be based on twenty (20) years of creditable service or, if less, on the total service that the member would have had if he had continued in service to age fifty-five (55).

However, any fireman or policeman employed by a political subdivision covered under the Tennessee state retirement system shall receive a disability retirement allowance in an amount equal to nine-tenths (⁹/₁₀) of two and one-fourth per cent (2¼%) of his average compensation multiplied by the total number of years of his creditable service, except that the minimum retirement allowance shall be based on twenty (20) years of creditable service or, if less, on the total service that the member would have had if he had continued in service to age fifty-five (55).

T.C.A. § 8-3507

Acts 1947, ch. 231, § 12; C. Supp. 1950, § 1034.76 (Williams, § 1034.48); modified; Acts 1955, ch. 192, § 4; 1957, ch. 373, § 11; 1963, ch. 363, § 9; 1965, ch. 345, § 11; 1967, ch. 347, §§ 10, 11; 1968 (Adj. S.), ch. 514, § 7; 1968 (Adj. S.), ch. 632, § 8.