8-35-208 - Discontinuance and reinstatement of cost-of-living benefits.

8-35-208. Discontinuance and reinstatement of cost-of-living benefits.

(a)  The chief legislative body of any political subdivision employer participating in the retirement system may by resolution legally adopted and approved by two-thirds (2/3) majority of that body elect to discontinue the cost-of-living benefit provisions for all employees employed after the effective date of the resolution. Employees who were employed prior to this date will continue to be eligible for cost-of-living benefits being funded as described in § 8-35-206. This option shall be exercised prior to April 1 of any given year.

(b)  It is further provided that the chief legislative body of any political subdivision employer may elect at a later date to provide cost-of-living benefits in accordance with § 8-36-701 by legally adopting a resolution for an actuarial study and thereafter by legally adopting a resolution approved by a two-thirds (2/3) majority of the governing body to accept the associated liability and costs to provide such benefits. This increase in benefits will become effective the following July 1 after the adoption of the resolution. No retroactive benefits are to be paid under the provisions of this subsection (b).

[Acts 1978, ch. 741, § 9; T.C.A., § 8-3934(4)(c); Acts 1983, ch. 342, § 11; 1986, ch. 553, § 8.]