United States — Tennessee
TCA § 9-3-502 — Applicability of part
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This part applies to political subdivisions that provide defined benefit plans not administered by the Tennessee consolidated retirement system.
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30,219 statutes · page 1,501 of 1,511
United States — Tennessee
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This part applies to political subdivisions that provide defined benefit plans not administered by the Tennessee consolidated retirement system.
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This section defines key pension terms used in the part.
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Political subdivisions with defined benefit pension plans must adopt a funding policy, get it approved by resolution, keep it in force until amended, and submit it to the comptroller within 30 days of adoption.
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Political subdivisions must generally pay at least 100% of the ADC to the pension plan each year, and they may pay more.
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Political subdivisions may change some pension terms for employees hired on or after May 22, 2014, but they need written approval from the state treasurer before certain benefit enhancements or new pension plans, and accrued benefits generally cannot be reduced without employee consent.
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If a political subdivision fails to fund the ADC at the required percentages, state finance officials may withhold state-shared taxes and send the withheld money to the subdivision’s pension plan.
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The trust is created and funded by employer contributions and investment income, administered by the treasury department, used only for the Hybrid Retirement Plan’s participants and beneficiaries, and the attorney general and reporter must approve the trust terms.
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Certain state officials, or their designees, must serve as trustees of the trust. The comptroller of the treasury must also act as chair and preside over all trustee meetings and proceedings.
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Trustees must adopt an investment policy for the trust, and the state treasurer must manage investment and reinvestment under that policy.
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The trust fund must be used only for the section’s purpose and reasonable administration/investment expenses, and trustees may transfer money to an employer reserve account if they decide it is in beneficiaries’ best interests.
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Employer contribution deposits to the pension stabilization reserve trust fund are suspended or reinstated based on the employer’s account balance compared with a trustee-set maximum amount.
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Trustees must prepare annual financial reports after each fiscal year ends, and the trust’s reports, books, accounts, and financial records are subject to audit by the comptroller of the treasury.
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“Collateral” means eligible collateral pledged by a state depository.
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“Default” includes several events involving a state depository, such as failing to return state deposits, pay state-drawn instruments, honor electronic transfer requests, account for entrusted funds, or being restrained or put into receivership.
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This section defines what counts as eligible collateral and lets the state treasurer accept or require certain collateral, subject to listed conditions.
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“Loss” is defined to include the state deposit principal, accrued interest through default, additional interest through payment or sale, and attorney’s fees.
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“Required collateral” means collateral valued at 105% of the secured state deposit, minus any amount protected by federal deposit insurance.
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“State deposit” means all state funds placed in a state depository, plus any interest earned on them.
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This section defines who can be a state depository, bars ATMs from counting as branches here, and gives officials power to make certain depository designations and trust agreements.
United States — Tennessee
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This section defines “trustee custodian” and requires certain out-of-state financial institutions to meet listed conditions before applying for designation.