# Tenn. Code Ann. § 8-35-106: Certain prior class members > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-106 ## Section - **Citation:** Tenn. Code Ann. § 8-35-106 - **Heading:** Certain prior class members - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 8 / Chapter 35 / Section 8-35-106 ## Text (a) Any person who becomes a member in accordance with § 8-35-101(b) , who immediately prior to becoming a member has been a Class A member of the Tennessee teachers' retirement system or the Tennessee state retirement system shall be classified in Group 1, unless such person shall elect, within ninety (90) days after July 1, 1972, or if such person is on leave of absence or otherwise not in service on July 1, 1972, within ninety (90) days after returning to service, on a form prescribed by the board of trustees, to remain covered by the benefit and contribution provisions of the superseded system of which such person is a member. (b) A member making this election shall be classified as a prior class member and shall be subject to §§ 8-34-602(e) , 8-34-703 , 8-34-706 and 8-34-712 . (c) Any other person who becomes a member in accordance with § 8-35-101(b) shall be classified as a prior class member and shall be subject to §§ 8-34-602(e) , 8-34-703 , 8-34-706 and 8-34-712 , unless such person shall elect, within ninety (90) days after July 1, 1972, or if such person is on leave of absence or otherwise not in service on July 1, 1972, within ninety (90) days after returning to service, on a form prescribed by the board of trustees, to become covered by the benefit and contribution provisions of this retirement system applicable to new employees. (d) Any member making this election shall be classified in Group 1, 2 or 3 on the basis of such member's employment category in the same manner as provided in § 8-35-105 . (e) Notwithstanding the foregoing, any state judge, county judge or attorney general who becomes a member in accordance with § 8-35-101(b) may make the election herein provided at any time after July 1, 1972, but any such member making such election shall be required to contribute to the retirement system an amount equal to the excess of the contributions which such member would have made during the period since July 1, 1972, had such member made such election on such date over the actual contributions made during such period, together with interest on such amount at the rate or rates credited to members' accumulated contributions during such period. Acts 1972, ch. 814, § 3; T.C.A., § 8-3903(5). (a) Any person who becomes a member in accordance with § 8-35-101(b) , who immediately prior to becoming a member has been a Class A member of the Tennessee teachers' retirement system or the Tennessee state retirement system shall be classified in Group 1, unless such person shall elect, within ninety (90) days after July 1, 1972, or if such person is on leave of absence or otherwise not in service on July 1, 1972, within ninety (90) days after returning to service, on a form prescribed by the board of trustees, to remain covered by the benefit and contribution provisions of the superseded system of which such person is a member. (b) A member making this election shall be classified as a prior class member and shall be subject to §§ 8-34-602(e) , 8-34-703 , 8-34-706 and 8-34-712 . (c) Any other person who becomes a member in accordance with § 8-35-101(b) shall be classified as a prior class member and shall be subject to §§ 8-34-602(e) , 8-34-703 , 8-34-706 and 8-34-712 , unless such person shall elect, within ninety (90) days after July 1, 1972, or if such person is on leave of absence or otherwise not in service on July 1, 1972, within ninety (90) days after returning to service, on a form prescribed by the board of trustees, to become covered by the benefit and contribution provisions of this retirement system applicable to new employees. (d) Any member making this election shall be classified in Group 1, 2 or 3 on the basis of such member's employment category in the same manner as provided in § 8-35-105 . July 1, 1972, within ninety (90) days after returning to service, on a form prescribed by the board of trustees, to become covered by the benefit and contribution provisions of this retirement system applicable to new employees. (d) Any member making this election shall be classified in Group 1, 2 or 3 on the basis of such member's employment category in the same manner as provided in § 8-35-105 . (e) Notwithstanding the foregoing, any state judge, county judge or attorney general who becomes a member in accordance with § 8-35-101(b) may make the election herein provided at any time after July 1, 1972, but any such member making such election shall be required to contribute to the retirement system an amount equal to the excess of the contributions which such member would have made during the period since July 1, 1972, had such member made such election on such date over the actual contributions made during such period, together with interest on such amount at the rate or rates credited to members' accumulated contributions during such period. Acts 1972, ch. 814, § 3; T.C.A., § 8-3903(5). ## Nearby sections - [Tenn. Code Ann. § 8-35-101 Eligibility](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-101.md) - [Tenn. Code Ann. § 8-35-102 Informing new employees of duties and obligations as a condition of employment](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-102.md) - [Tenn. Code Ann. § 8-35-103 Part-time employment](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-103.md) - [Tenn. Code Ann. § 8-35-104 Termination of membership by absence from service - Members serving in armed forces](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-104.md) - [Tenn. Code Ann. § 8-35-105 Classification of employees](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-105.md) - [Tenn. Code Ann. § 8-35-106 Certain prior class members](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-106.md) - [Tenn. Code Ann. § 8-35-107 Temporary employment period](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-107.md) - [Tenn. Code Ann. § 8-35-108 Teachers in local retirement systems](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-108.md) - [Tenn. Code Ann. § 8-35-109 Membership in retirement system dependent on election by certain officials](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-109.md) - [Tenn. Code Ann. § 8-35-110 Service in the general assembly](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-110.md) - [Tenn. Code Ann. § 8-35-111 Multiple membership in public retirement systems](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-111.md) - [Tenn. Code Ann. § 8-35-112 Membership in retirement system as condition of employment](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-112.md) - [Tenn. Code Ann. § 8-35-113 Intermittent or periodic service for boards, commissions, committees, councils, etc](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-113.md) - [Tenn. Code Ann. § 8-35-114 Classification and membership rights to continue as long as member remains in position for which rights originated](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C35_S8-35-106. Check the current official text before relying on it. Not legal advice.