Employee Serving as City Judge or City Attorney

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Notwithstanding any law to the contrary, any present employee serving as a city judge or city attorney for a municipality shall be eligible for membership in the Tennessee consolidated retirement system upon:

  1. Passage of a resolution by the municipality's governing body authorizing an actuarial study;
  2. Passage of a resolution by the municipality's governing body authorizing such participation and accepting the liability as a result of the participation by the employee;
  3. The employee shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as employees of local governments participating in the retirement system under this part;
  4. The employee shall be entitled to credit for prior service as approved by the governing body of the municipality under the same provisions which apply to employees of local governments;
  5. The retirement system shall not be liable for the payment of retirement allowances or other payments on account of an employee of the municipality or the employee's beneficiaries, for which reserves have not been previously created from funds contributed by the municipality and/or its employees;
  6. It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the municipality;
  7. This section shall not be construed to require the municipality to extend coverage to any other employees of the municipality; and
  8. Service pursuant to this section shall be independent of all other creditable service for the purpose of calculating the member's average final compensation.


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