# Tenn. Code Ann. § 50-6-104: Election of corporate officer to be exempt from chapter > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-104 ## Section - **Citation:** Tenn. Code Ann. § 50-6-104 - **Heading:** Election of corporate officer to be exempt from chapter - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 50 / Chapter 6 / Section 50-6-104 ## Text (a) Any officer of a corporation may elect to be exempt from the operation of this chapter. (b) An officer who elects exemption from this chapter shall give written notice to the corporation of the officer's intent not to be covered by this chapter on a form prescribed by the bureau. Notice of the officer's election not to be bound by this chapter must include an affidavit of the officer that the action of the officer in rejecting this chapter was not advised, counseled, nor encouraged by the employer or by anyone acting on the employer's behalf. The election by any employee, who is a corporate officer of the employer, to be exempt from this chapter, does not reduce the number of employees of the employer for the purposes of determining the requirements of coverage of the employer under this chapter. (c) Every employee who is a corporate officer and who elects not to operate under this chapter, in any action to recover damages for personal injury or death by accident brought against an employer who has elected to operate under this chapter, shall proceed as at common law, and the employer may make use of all common law defenses. (d) Notification given pursuant to this section does not become effective until it is filed with the proper entity. Any officer who elects exemption and who, after electing exemption then revokes that exemption, shall give written notice of the revocation to the employer and its insurer at least thirty (30) days before the occurrence of any injury or death. (e) This section does not apply to any officer of a corporation, member of a limited liability company, partner, or sole proprietor who is engaged in the construction industry, as defined by § 50-6-901 ; instead, part 9 of this chapter applies to such officer, member, partner, or sole proprietor. Acts 1975, ch. 198, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-904; Acts 2010, ch. 1149, § 4; 2013, ch. 289, § 12; 2014, ch. 903, § 2; 2015, ch. 341, § 15; 2017, ch. 344, § 3. (a) Any officer of a corporation may elect to be exempt from the operation of this chapter. (b) An officer who elects exemption from this chapter shall give written notice to the corporation of the officer's intent not to be covered by this chapter on a form prescribed by the bureau. Notice of the officer's election not to be bound by this chapter must include an affidavit of the officer that the action of the officer in rejecting this chapter was not advised, counseled, nor encouraged by the employer or by anyone acting on the employer's behalf. The election by any employee, who is a corporate officer of the employer, to be exempt from this chapter, does not reduce the number of employees of the employer for the purposes of determining the requirements of coverage of the employer under this chapter. (c) Every employee who is a corporate officer and who elects not to operate under this chapter, in any action to recover damages for personal injury or death by accident brought against an employer who has elected to operate under this chapter, shall proceed as at common law, and the employer may make use of all common law defenses. (d) Notification given pursuant to this section does not become effective until it is filed with the proper entity. Any officer who elects exemption and who, after electing exemption then revokes that exemption, shall give written notice of the revocation to the employer and its insurer at least thirty (30) days before the occurrence of any injury or death. (e) This section does not apply to any officer of a corporation, member of a limited liability company, partner, or sole proprietor who is engaged in the construction industry, as defined by § 50-6-901 ; instead, part 9 of this chapter applies to such officer, member, partner, or sole proprietor. Acts 1975, ch. 198, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-904; Acts 2010, ch. 1149, § 4; 2013, ch. 289, § 12; 2014, ch. 903, § 2; 2015, ch. 341, § 15; 2017, ch. 344, § 3. ## Nearby sections - [Tenn. Code Ann. § 50-6-101 Short title - Controlling law](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-101.md) - [Tenn. Code Ann. § 50-6-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-102.md) - [Tenn. Code Ann. § 50-6-103 Scope of chapter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-103.md) - [Tenn. Code Ann. § 50-6-104 Election of corporate officer to be exempt from chapter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-104.md) - [Tenn. Code Ann. § 50-6-105 Relief associations or funds for benefit of employees, spouses and dependents unaffected](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-105.md) - [Tenn. Code Ann. § 50-6-106 Employments not covered](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-106.md) - [Tenn. Code Ann. § 50-6-107 Application to coal mine operators and employees](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-107.md) - [Tenn. Code Ann. § 50-6-108 Right to compensation exclusive](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-108.md) - [Tenn. Code Ann. § 50-6-109 Nonperformance of statutory duty not relieved](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-109.md) - [Tenn. Code Ann. § 50-6-110 Injuries not covered - Drug and alcohol testing](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-110.md) - [Tenn. Code Ann. § 50-6-111 Section definitions - Grant program, funding, and administration - Awarding of grants - Annual reports](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-111.md) - [Tenn. Code Ann. § 50-6-112 Actions against third persons - Attorney's fees - Distribution of recovery - Limitations period](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-112.md) - [Tenn. Code Ann. § 50-6-113 Liability of principal contractor, intermediate contractor or subcontractor](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-113.md) - [Tenn. Code Ann. § 50-6-114 Supremacy of chapter - Setoffs for payments by disability plan](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-104. Check the current official text before relying on it. Not legal advice.