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5 Tennessee Attorney General Reports and Opinions 1 (1975-1976)

handle is hein.sag/sagtn0167 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL SUPREME COURT BUILDING NASHVILLE, TENNESSEE 37219 R. A. ASHLEY. JR. ATTORNEY GENERAL & REPORTER OPINION NO. 1 TO: Tennessee Consolidated Retirement System DATE: June 4, 1975 QUESTION Concerning an interpretation of T.C.A. §8-3904 (9) pertaining to the creditable service in the Con- solidated Retirement System to which certain former teachers are entitled. Section 8-3904(9) provides in substance that any former teacher who left service on, before, or after July 1, 1973, and who could establish that he taught a total of ten years or more in the public schools of Tennessee could receive creditable service under this subsection if he meets the requirements thereof. Specifically, you have asked the following questions regarding the administration of this subsection: 1. Must some portion of the ten or more years of teaching service have been rendered prior to July 1, 1945? 2. Does the former teacher have the option of establishing and receiving credit for only a portion of the ten or more years of teaching service? 3. Is service rendered prior to July 1, 1945, and counted as creditable service to the former teach- er free, or must he pay for this service in the same manner as the service rendered after July 1, 1945? OPINION It is the opinion of this office that under T.C.A. § 8-3904 (9) that once a former teacher has estab- lished that he has taught a total of ten years or more in the public schools of Tennessee, he is entitled to credit for those years of teaching prior to July 1, 1945, if his years of public school teaching in Ten- nessee include periods both before and after July 1, 1945; however, he is entitled to receive credit for the years subsequent to July 1, 1945, in accordance with the requirements of this subsection irrespec- tive of whether he has incurred service prior to July 1, 1945. There is no requirement that such former teachers pay lump-sum contributions in order to obtain credit for the years prior to July 1, 1945, but they must make such contributions plus interest thereon in order to receive credit for the years subse- quent to July 1, 1945. Section 8-3904 (9) speaks in terms of entitlement to creditable service, and as such it enables eligible former teachers to claim all or part of the credit to which they may be entitled at their option. ANALYSIS Subsection (9) of T.C.A. §8-3904 was added thereto by Chapter 162 of the Public Acts of 1973 and was apparently intended to provide a mechanism whereby former teachers who had years of teach- ing service which include periods prior to the establishment of the teachers' retirement system in 1945 (see T.C.A. §49-1502) could receive credit for those years in addition to the years after the establish- ment of the teachers' retirement system. The criteria established by subsection (9) for entitlement to credit for service prior to July 1, 1945, were the establishment of ... evidence to the satisfaction of the board of trustees that he taught a total of ten (10) or more years in the public schools of Tennessee, some of which service was rendered prior to July 1, 1945, shall be entitled to such services rendered prior to July 1, 1945 included as creditable service; . . .

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