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SENATE BILL 2018
By Harshbarger
HOUSE BILL 1907
By McCalmon
HB1907
011210
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AN ACT to amend Tennessee Code Annotated, Title 8,
Chapter 25; Title 8, Chapter 34; Title 8, Chapter
35 and Title 8, Chapter 36, relative to retirement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-25-110, is amended by deleting the
section and substituting:
(a) Except as provided in subsection (e), when a subpoena duces tecum is
served upon a person or entity administering or providing services to a deferred
compensation plan established pursuant to this part in an action or proceeding in which
the person or entity is not a party, and such subpoena requires the production of all or
any part of the records of the deferred compensation plan relating to a present or former
plan participant, it is sufficient compliance therewith if the person or entity within fourteen
(14) days after being served with a subpoena duces tecum, shall file with the court clerk
or the issuer, either by personal delivery, certified or registered mail, or electronic
transmission, a true and correct copy, which may be a copy reproduced on film or other
reproducing material by microfilming, photographing, or other approximate process, or a
facsimile, exemplification or copy of such reproduction or copy, of all records specifically
described in such subpoena.
(b) The records must be accompanied by an affidavit, or declaration as
permitted under the Tennessee Rules of Civil Procedure, of a custodian stating in
substance that:
(1) The affiant or declarant is the duly authorized custodian of the
records and has authority to certify the records; and
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(2) The copy is a true copy of all the records described in the subpoena.
(c) If the person or entity has none of the records described, or only part thereof,
the custodian shall so state in the affidavit or declaration and file the affidavit or
declaration and such records as are available in the manner prescribed in this section.
(d)
(1) The copy of the record is admissible in evidence to the same extent
as though the original thereof were offered and the custodian had been present
and testified to the matters stated in the affidavit or declaration.
(2) The affidavit or declaration is admissible in evidence and the matters
stated therein are presumed true in the absence of a preponderance of evidence
to the contrary.
(3) When more than one (1) person has knowledge of the facts, more
than one (1) affidavit or declaration may be made.
(e) The personal attendance of the custodian may be commanded only if
personal attendance is necessary to resolve a good faith dispute concerning the
accuracy of the information to be furnished. Where personal attendance of the
custodian is required, the subpoena duces tecum must contain a clause that reads:
"The procedure authorized pursuant to § 8-25-110 will not be deemed sufficient
compliance with this subpoena."
SECTION 2. Tennessee Code Annotated, Section 8-34-210, is amended by deleting the
section and substituting:
(a) Except as otherwise provided in this section, when a subpoena duces tecum
is served upon any employee of the retirement system in an action or proceeding in
which the retirement system is not a party, and such subpoena requires the production
of all or any part of the records of the retirement system relating to any member, prior
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member or retiree of the retirement system, it is sufficient compliance therewith if the
employee within fourteen (14) days after being served with a subpoena duces tecum,
shall file with the court clerk or the issuer, either by personal delivery, certified or
registered mail, or electronic transmission, a true and correct copy, which may be a copy
reproduced on film or other reproducing material by microfilming, photographing, or
other approximate process, or a facsimile, exemplification or copy of such reproduction
or copy, of all records specifically described in such subpoena.
(b) The records must be accompanied by an affidavit, or declaration as
permitted under the Tennessee Rules of Civil Procedure, of a custodian stating in
substance that:
(1) The affiant or declarant is the duly authorized custodian of the
records and has authority to certify the records; and
(2) The copy is a true copy of all the records described in the subpoena.
(c) If the retirement system has none of the records described, or only part
thereof, the custodian shall so state in the affidavit or declaration and file the affidavit or
declaration and such records as are available in the manner prescribed in this section.
(d)
(1) The copy of the record is admissible in evidence to the same extent
as though the original thereof were offered and the custodian had been present
and testified to the matters stated in the affidavit or declaration.
(2) The affidavit or declaration is admissible in evidence and the matters
stated therein are presumed true in the absence of a preponderance of evidence
to the contrary.
(3) When more than one (1) person has knowledge of the facts, more
than one (1) affidavit or declaration may be made.
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(e) The personal attendance of the custodian may be commanded only if
personal attendance is necessary to resolve a good faith dispute concerning the
accuracy of information furnished by the retirement system. Where personal attendance
of the custodian is required, the subpoena duces tecum must contain a clause that
reads: "The procedure authorized pursuant to § 8-34-210 will not be deemed sufficient
compliance with this subpoena."
SECTION 3. Tennessee Code Annotated, Section 8-36-117(b), is amended by deleting
the subsection and substituting:
(b) All monthly benefit payments shall cease in the month in which the payee
dies, unless otherwise specifically provided for in chapters 34-37 of this title. If the
payee was a retired member who did not elect an optional allowance pursuant to § 8-36-
601, a monthly benefit payment must be issued for the month in which the retired
member died and is payable to the member. If the payee was a beneficiary receiving
benefits under the terms of an optional allowance, a monthly benefit payment must be
issued for the month in which the beneficiary died and must be paid to the beneficiary.
SECTION 4. Tennessee Code Annotated, Section 8-36-805(b), is amended by deleting
the subsection.
SECTION 5. Tennessee Code Annotated, Title 8, Chapter 36, Part 8, is amended by
adding the following new section:
For a member returning to temporary reemployment pursuant to this part with an
effective date of retirement between July 1, 2022, and June 30, 2027, if the retirement
system discovers that the member did not have a bona fide separation of service as
defined in § 8-36-805, then the member must be treated as receiving an in-service
distribution. The retirement system shall make any required tax reporting changes to
reflect the in-service distribution in years prior to the retirement system's discovery that
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the retiree did not have a bona fide separation of service. After the member's
completion of the temporary reemployment period in which the retirement system
discovered that the member did not have a bona fide separation of service, the member
must not continue to receive an in-service distribution and must have a bona fide
separation of service before starting another temporary reemployment period pursuant
to this part.
SECTION 6. This act takes effect upon becoming a law, the public welfare requiring it.