RETIREMENT OF PERSONNEL

Memphis Charter art. 81, div. III

in effect

Memphis Charter, art. 81, § 1056 Teachers, principals, superintendents, supervisors, board secretary, school secretaries, school librarians, and office employees employed as of March 1937—Authority to retire.

Sec. 1056. - Teachers, principals, superintendents, supervisors, board secretary, school secretaries, school librarians, and office employees employed as of March 1937—Authority to retire. Incorporated boards of education of public, schools in cities or taxing districts having a population of 250,000 or over according to the Federal Census of 1930, or any subsequent Federal Census, are hereby empowered and authorized, in the discretion of such boards of education in the case of each particular person, and either upon the application of such person or by the board of education on its own motion, to retire from service any of the following employees upon the conditions hereinafter set out, to-wit: Teachers, principals, superintendents, supervisors, secretary of the board of education, school secretaries, school librarians and office employees of the board of education; provided, that no person shall be retired under the provisions hereof unless such person is in the employ of the board of education at the time this Act shall take effect. (Priv. Acts 1937, ch. 291, § 1)

Memphis Charter, art. 81, § 1057 Same—Retirement after 35 years' service.

Sec. 1057. - Same—Retirement after 35 years' service. The aforesaid persons or any of them shall be eligible for retirement, in the discretion of such board of education, when he or she, either heretofore or hereafter, shall have served in any of the capacities above-mentioned, or any combination of the capacities above-mentioned, for a period of 35 years, the last 20 years of which have been served in the public schools situated in said cities or taxing districts; but with reference to that portion of said 35 years other than the last 20 years, it shall be sufficient if such person shall have served the same in other public schools of this State or the public schools of any other State in the United States of America. For the purposes of this Act, schools located in territory which, by annexation, has become and is a part of such cities or taxing districts at the date of such retirement, shall be treated as having been within said cities or taxing districts for a period of 20 years prior to such retirement. And any such person who shall be retired by such board of education after the aforesaid service of 35 years shall be paid by such board of education in monthly installments for the remainder of the life of such person one-half of the annual sum which was being paid such person as a salary at the time of his or her retirement. The aforesaid persons, or any of them, who have served as members of the Armed Forces of the United States, serving in the Armed Forces of the United States or in the Merchant Marine of the United States or serving in the American Red Cross, the United Service Organization, or any other organization attached to and serving with the Armed Forces of the United States, during the period of any war in which the United States has been or may be engaged, or serving at the call of the President during the period of any peacetime emergency, shall be entitled to credit as a teacher in the Memphis City schools for the period of such military service, provided such person begins or returns to service as teacher, or in any of the other capacities above mentioned, within two (2) years after he has received his honorable discharge. (Priv. Acts 1937, ch. 291, § 2; Priv. Acts 1951, ch. 379, § 1)

Memphis Charter, art. 81, § 1058 Same—Retirement after 25 years' service.

Sec. 1058. - Same—Retirement after 25 years' service. Any of the above-mentioned persons who shall have served as aforesaid for a period of 25 years, or for any period of time between 25 and 35 years, the last 20 years of which have been served in the public schools situated in said cities or taxing districts, may be retired by the board of education in its discretion, and upon such retirement shall he paid by such board of education in monthly installments for the remainder of the life of such person such proportion of the annual sum which such person would be entitled to under the provisions of this Act if he or she had served for 35 years, as the number of years actually served bears to 35 years. (Priv. Acts 1937, ch. 291, § 3)

Memphis Charter, art. 81, § 1059 Same—Retirement salary to terminate at death; not assignable or subject to garnishment, etc.

Sec. 1059. - Same—Retirement salary to terminate at death; not assignable or subject to garnishment, etc. Said retirement salary provided for herein shall terminate with the death of the person who has been so retired and no estate shall be created thereby. Said retirement salary shall not be assignable by the beneficiary and shall not be taken for debt by any process of law and shall not be subject to garnishment. (Priv. Acts 1937, ch. 291, § 4)

Memphis Charter, art. 81, § 1060 Building custodians, head janitors and chief engineers employed as of January 1943—Authority to retire.

Sec. 1060. - Building custodians, head janitors and chief engineers employed as of January 1943—Authority to retire. Incorporated boards of education of public schools in cities or taxing districts having a population of 275,000 or over according to the Federal Census of 1940, or any subsequent Federal Census, are hereby empowered and authorized, in the discretion of such boards of education in the case of each particular person, and either upon the application of such person or by the board of education on its own motion, to retire from service building custodians, head janitors or chief engineers, that are elected to their positions by the board of education; provided that no person shall be retired under the provisions hereof unless such person is in the employ of the board of education at the time this Act shall take effect. (Priv. Acts 1943, ch. 130, § 1)

Memphis Charter, art. 81, § 1061 Same—Eligibility requirement; amount of pension.

Sec. 1061. - Same—Eligibility requirement; amount of pension. The aforesaid persons or any of them shall be eligible for retirement, in the discretion of such board of education, when either he or she shall become disabled by reason of illness, or injury sustained while in the performance of his or her duties, and shall have served in any of the capacities above mentioned, or any combinations of the capacities above mentioned for a period of 20 years in the public schools situated in said cities or taxing districts. For the purposes of this Act, schools located in territory which, by annexation, has become and is a part of such cities or taxing districts, at the date of such retirement, shall be treated as having been within said cities or taxing districts for a period of 20 years prior to such retirement. Any such person who shall be retired by such board of education after the aforesaid service of 20 years shall be paid by such board of education in monthly installments for such period of time during said disability as the board of education, in its discretion, may deem right and proper. (Priv. Acts 1943, ch. 130, § 2)

Memphis Charter, art. 81, § 1062 Same—Pension to terminate at death; not assignable or subject to garnishment, etc.

Sec. 1062. - Same—Pension to terminate at death; not assignable or subject to garnishment, etc. Said retirement salary or pension provided for herein shall terminate with the death of the person who has been so retired and no estate shall be created thereby. Said retirement salary or pension shall not be assignable by the beneficiary and shall not be taken for debt by any process of law and shall not be subject to garnishment. (Priv. Acts 1943, ch. 130 § 3)

Memphis Charter, art. 81, § 1063 Teachers, principals, superintendents, supervisors, board secretary, school secretaries, school librarians and office employees employed after May, 1937—Authority to establish system.

Sec. 1063. - Teachers, principals, superintendents, supervisors, board secretary, school secretaries, school librarians and office employees employed after May, 1937—Authority to establish system. Incorporated boards of education of public schools in cities and taxing districts having a population of 250,000 or over according to the Federal Census of 1930, or any subsequent Federal Census, are hereby empowered and authorized in the discretion of such boards of education to establish a system of contributory retirement, annuity or pension for teachers, principals, superintendents, supervisors, secretary of the board of education, school secretaries, school librarians and office employees of such boards of education, who shall become employees of such boards of education subsequent to the time when this Act shall take effect; provided, however, that this Act shall not apply to persons who are in the employ of such boards of education at the time of the passage of this Act; provided, further, that substitute or temporary employees of such boards of education shall be excluded from all provisions and benefits of this Act. (Priv. Acts 1937, ch. 537, § 1)

Memphis Charter, art. 81, § 1064 Same—Contract with insurance companies or other means to effectuate system; contributions of employees and board; board may fix retirement age, amount of pension, etc.

Sec. 1064. - Same—Contract with insurance companies or other means to effectuate system; contributions of employees and board; board may fix retirement age, amount of pension, etc. Said boards of education are empowered to contract with an insurance company or insurance companies to carry out and effectuate such system of retirement, annuity or pension in which event the annual amount of such annuity or pension to be paid each person upon such retirement shall not exceed a sum to be arrived at by adding together two percent (2%) of each year's salary of such person from the time of his or her employment up to the time of retirement. But such boards of education are also empowered, in their discretion, to adopt any other means or method to effectuate said purpose, that is to say, any means or method that may be appropriate in their judgment other than contracting with an insurance company or insurance companies. Said boards of education are authorized to contract with the aforementioned employees for the deduction of, and are authorized to deduct from the salary or compensation of each of the aforesaid employees, a certain percentage of the salary of each, not to exceed five percent (5%) of such salary, and to supplement the same by contributing out of the funds of such boards of education an amount necessary to provide a retirement, annuity or pension as aforesaid, to be used by such boards of education in payment of the costs of such retirement, annuity or pension. The contribution of such boards of education for the aforesaid purpose shall be taken from the funds they annually receive from taxes for the support and maintenance of the public schools, and such boards of education are further authorized to contract for and fix the age of time at which the aforesaid employees shall be retired, and the amount and duration of the payments to be made said employees after retirement, and said boards of education are authorized to do and perform all things necessary or appropriate to establish and effectuate such contributory retirement, annuity or pension for the benefit of the aforesaid employees. (Priv. Acts 1937, ch. 537, §§ 2, 3)

Memphis Charter, art. 81, § 1065 Building custodians, head janitors and chief engineers employed after January, 1943—Authority to establish system.

Sec. 1065. - Building custodians, head janitors and chief engineers employed after January, 1943—Authority to establish system. Incorporated boards of education of public schools in cities and taxing districts having a population of 275,000 or over, according to the Federal Census of 1940, or any subsequent Federal Census, are hereby empowered and authorized, in the discretion of such boards of education, to establish a system of contributory retirement, annuity or pension for the building custodians, head janitors, or chief engineers that are elected to their positions by such boards of education, and who shall become employees of such boards of education subsequent to the time when this Act shall take effect; provided, however, that this Act shall not apply to persons who are in the employ of such boards of education at the time the passage of this Act; and provided further that substitute or temporary employees of such boards of education shall be excluded from all provisions and benefits of this Act. (Priv. Acts 1943, ch. 131, § 1)

Memphis Charter, art. 81, § 1066 Same—Contract with insurance companies or other means to effectuate system.

Sec. 1066. - Same—Contract with insurance companies or other means to effectuate system. Said boards of education are empowered to contract with an insurance company or insurance companies to carry out and effectuate such system of retirement, annuity or pension, in which event the annual amount of such annuity or pension to be paid each person upon such retirement shall not exceed a sum to be arrived at by adding together two percent (2%) of each year's salary of such person from the time of his or her employment up to the time of retirement. But such boards of education are also empowered in their discretion to adopt any other means or method to effectuate said purpose, that is to say, any means or method that may be appropriate in their judgment other than contracting with an insurance company or insurance companies. (Priv. Acts 1943, ch. 131, § 2)

Memphis Charter, art. 81, § 1067 Same—Contributions by employees and board; board may fix retirement age, amount of pension, etc.

Sec. 1067. - Same—Contributions by employees and board; board may fix retirement age, amount of pension, etc. Said boards of education are authorized to contract with the aforementioned employees for the deduction of, and are authorized to deduct from the salary or compensation of each of the aforesaid employees, a certain percentage of the salary of each, not to exceed five percent (5%) of such salary, and to supplement the same by contributing out of the funds of such boards of education an amount necessary to provide a retirement, annuity or pension as aforesaid, to be used by such boards of education in payment of the costs of such retirement, annuity or pension. The contribution of such boards of education for the aforesaid purposes shall be taken from the funds they annually receive from taxes for the support and maintenance of the public schools, and such boards of education are further authorized to contract for and fix the age or time which the aforesaid employees shall be retired, and the amount and duration. of the payments to be made said employees after retirement, and said boards of education are authorized to do and perform all things necessary or appropriate to establish and effectuate such contributory retirement, annuity or pension for the benefit of the aforesaid employees. (Priv. Acts 1943, ch. 131, § 3)

Memphis Charter, art. 81, § 1067.1 Cafeteria administrative personnel or employees, cafeteria managers, assistant cafeteria managers, and maintenance employees—Authority to establish system.

Sec. 1067.1. - Cafeteria administrative personnel or employees, cafeteria managers, assistant cafeteria managers, and maintenance employees—Authority to establish system. Incorporated boards of education of public schools in cities and taxing districts having a population of 275,000 or over, according to the Federal Census of 1940, or any subsequent Federal Census, are hereby empowered and authorized, in the discretion of such boards of education, to establish a system of contributory retirement, annuity or pension for cafeteria administrative personnel or employees, cafeteria managers, assistant cafeteria managers, and maintenance employees regularly and permanently employed and so classified by such boards of education, who are employed at the time when this Act shall take effect or who may be employed by such boards of education subsequent to the time when this Act shall take effect; provided, however, that temporary or substitute employees shall be excluded from all provisions and benefits of this Act. (Priv. Acts 1949, ch. 208, § 1)

Memphis Charter, art. 81, § 1067.2 Same—Contract with insurance companies or other means to effectuate system.

Sec. 1067.2. - Same—Contract with insurance companies or other means to effectuate system. Said boards of education are empowered to contract with an insurance company or insurance companies to carry out and effectuate such systems of retirement, annuity or pension, in which event the annual amount of such annuity or pension to be paid to each person upon retirement shall not exceed the sum to be arrived at by adding together three percent of each year's salary of such person from the time of his or her employment up to the time of retirement. But such boards of education are also empowered, in their discretion, to adopt any other means or methods to effectuate said purpose, that is to say, any means or methods that may be appropriate in their judgment, and any other means than contracting with an insurance company or companies. (Priv. Acts 1949, ch. 208, § 2)

Memphis Charter, art. 81, § 1067.3 Same—Contributions by employees and board; board may fix retirement age, amount of pension, etc.

Sec. 1067.3. - Same—Contributions by employees and board; board may fix retirement age, amount of pension, etc. Said boards of education are authorized to contract with the aforementioned employees for the deduction of, and are authorized to deduct from, the salary or compensation of each of the aforesaid employees, a certain percentage of the salary of each, not to exceed five percent of such salary or compensation, and to supplement the same by contributing out of the funds of such boards of education an amount necessary to provide a retirement, annuity or pension as aforesaid, to be used by such boards of education in payment of the costs of such retirement, annuity or pension. The contribution of such boards of education for the aforesaid purpose may be taken from the funds they annually receive from taxes for the support and maintenance of the public schools, or from any other source or sources of revenue or income of such boards of education. And such boards of education are further authorized to contract for and fix the age or time at which the aforesaid employee shall be retired and the amount and duration of the payments to be made to said employee after retirement, which in no case shall exceed fifty percent of the salary or compensation of the employee at the time of retirement, and said boards of education are authorized to fix and determine the allowance for creditable service of employees who are in the service of such boards of education at the time when this Act shall take effect. (Priv. Acts 1949, ch. 208, § 3)

Memphis Charter, art. 81, § 1067.4 Same—General powers to effectuate system.

Sec. 1067.4. - Same—General powers to effectuate system. Said boards of education are authorized to do and perform all things necessary or appropriate to establish, provide for, limit and effectuate such contributory retirement, annuity or pension for the benefit of the aforesaid employees. (Priv. Acts 1949, ch. 208, § 4)

Memphis Charter, art. 81, § 1068 President of board—Authority to retire.

Sec. 1068. - President of board—Authority to retire. Incorporated boards of education of public schools in cities or taxing districts having a population of 275,000 or over, according to the Federal Census of 1940 or any subsequent Federal Census, are hereby empowered and authorized, in the discretion of such boards of education in the case of each particular person, and either upon the application of such person or by the board of education on its own motion, to retire as president of such board of education any person who has served as such president for more than twenty (20) years prior to such retirement. (Priv. Acts 1947, ch. 714, § 1)

Memphis Charter, art. 81, § 1069 Same—Amount of retirement salary.

Sec. 1069. - Same—Amount of retirement salary. Any such person who shall be so retired as president by such board of education shall be paid by such board of education in monthly installments for and during the remainder of the life of such person an annual sum of money the amount of which shall be fixed and determined by the Board of Commissioners or other governing body of such cities or taxing districts by resolution duly adopted and spread on the minutes of such governing body. (Priv. Acts 1947, ch. 714, § 2)

Memphis Charter, art. 81, § 1070 Same—Retirement salary to terminate upon death.

Sec. 1070. - Same—Retirement salary to terminate upon death. Said retirement salary provided for herein shall terminate with the death of the person who has been so retired, and no estate shall be created thereby. (Priv. Acts 1947, ch. 714, § 3)

Memphis Charter, art. 81, § 1071 Minimum allowance for persons who retired on or before December 31, 1957.

Sec. 1071. - Minimum allowance for persons who retired on or before December 31, 1957. (a) An Act entitled: "An Act to Charter the Memphis City Schools" passed January 27, 1869, and all amendments thereto, constituting the Charter of the Board of Education of the Memphis City Schools, be and the same are hereby amended so as to authorize and empower said Board of Education of the Memphis City Schools to fix the minimum annual sum to be paid by it to any person or employee who has been retired on and prior to December 31, 1957, from service by said board under any act or law authorizing such retirement, at the sum of $1,200.00 per annum. (b) When said board shall have so fixed said minimum annual sum as authorized in the foregoing section, the said Board of Education of the Memphis City Schools is hereby authorized and empowered thereafter to pay said minimum annual sum of $1,200.00 in equal monthly installments, to each of those persons who retired on and prior to December 31, 1957, and who except for the provisions of this Act and the action of said board thereunder, would otherwise receive less than said minimum annual sum; and in the discretion of said board of education, to pay same to each such retired person during the remainder of his or her life. (Priv. Acts 1959, ch. 179, § 2)

Memphis Charter, art. 81, § 1072 Authority to grant retirement allowances.

Sec. 1072. - Authority to grant retirement allowances. The Act entitled "An Act to Charter the Memphis City Schools" passed January 27, 1869, and all amendments thereto constituting the Charter of the Board of Education of the Memphis City Schools be and the same are hereby amended so as to authorize and empower said Board of Education of the Memphis City Schools, hereinafter referred to as the board of education, which has charge of the public schools in the City of Memphis and operates a pension or retirement system for teachers and other employees, to grant retirement allowances, as hereinafter provided, to employees who may be retired by said board of education after the passage of this Act. (Priv. Acts 1955, ch. 113, § 1)

Memphis Charter, art. 81, § 1073 Options as to payment of allowances.

Sec. 1073. - Options as to payment of allowances. An eligible employee at the time of retirement, or at any time after performing the minimum required service so as to become eligible for retirement, may elect to have his or her service retirement allowance paid in accordance with either of the following options: Option 1. To have said retirement allowance paid for the lifetime of the retired member, and at his or her death to have paid to the member's beneficiary, if alive, or if said beneficiary is not alive, then to the estate of the member, the excess if any, of the amount of accumulated contributions of the member at the date of death over the total retirement payments made to the member. Option 2. To have paid to the retired member a lesser retirement allowance of equivalent actuarial value, that is to say, an allowance of equal value when computed upon the basis of such mortality and experience tables as shall be adopted by said board of education, shall be paid to said retired member for and during his or her lifetime and after the death of such member to have paid to the member's beneficiary, designated by the member in writing and duly acknowledged at or before time of retirement, said lesser retirement allowance for the remaining lifetime of such beneficiary; provided that if a member who has so designated a beneficiary should die before actual retirement, but after becoming eligible for retirement, his beneficiary shall receive the aforesaid lesser amount during his or her lifetime. (Priv. Acts 1955, ch. 113, § 2)

Memphis Charter, art. 81, § 1074 Designation of person to receive benefits accruing between last payment and death.

Sec. 1074. - Designation of person to receive benefits accruing between last payment and death. A retired member who does not select either of the foregoing options, or the beneficiary of a deceased member who has selected one of said options, may designate in writing to the board of education a person to receive that portion of the monthly benefit accruing between the date of last payment and the date of death; and the payment by the board of education of such portion of the monthly benefit accrued shall constitute a full acquittance of any and all indebtedness of the board of education to the estate of such deceased member or beneficiary. (Priv. Acts 1955, ch. 113, § 3)

Memphis Charter, art. 81, § 1075 Deduction of employee contributions from salaries; matching contributions by board.

Sec. 1075. - Deduction of employee contributions from salaries; matching contributions by board. Said board of education is hereby authorized and empowered to deduct retirement contributions from the total salaries of contributing members, which total salaries shall include any and all salary supplements received by contributing members, and the contributions so deducted shall be matched by equal amounts contributed by the board of education from funds under its control. (Priv. Acts 1955, ch. 113, § 4)

Memphis Charter, art. 81, § 1076 Ratio between salary and retirement allowance; members of noncontributory system may become members of contributory system.

Sec. 1076. - Ratio between salary and retirement allowance; members of noncontributory system may become members of contributory system. From and after the passage of this Act, employees retired by said board of education shall receive a retirement allowance which shall be the applicable ratio of the retired employee's total salary including supplements of any and every kind, provided that said employees are members of and contributing to the local contributory retirement system at the time of retirement; and provided further that members of the local noncontributory retirement system shall have the right to become members of the local contributory retirement system by notifying the board of education in writing within twelve (12) months after the passage of this Act that they wish to join the contributory system. (Priv. Acts 1955, ch. 113, § 5)

Memphis Charter, art. 81, § 1077 Use of board funds for necessary expenses.

Sec. 1077. - Use of board funds for necessary expenses. Said board of education is hereby authorized and empowered to use funds annually collected from taxes or other funds coming into its hands to meet the necessary expenses of retirement allowance payments and matching contributions authorized by this Act. (Priv. Acts 1955, ch. 113, § 6)

Memphis Charter, art. 81, § 1078 Board authorized to obtain actuarial assistance and make rules and regulations.

Sec. 1078. - Board authorized to obtain actuarial assistance and make rules and regulations. Said board of education is authorized and empowered to engage and pay for such actuaries or actuarial assistance as may be necessary to carry out the provisions of this Act, and is further authorized to make such rules and regulations as may be required to put into effect the provisions of this Act. (Priv. Acts 1955, ch. 113, § 7)

Memphis Charter, art. 81, § 1079 Investment of retirement funds.

Sec. 1079. - Investment of retirement funds. Said board of education shall have full power to invest and reinvest all retirement or pension funds coming into its possession; that said board of education shall have further power to hold, purchase, sell, transfer and dispose of any of the securities and investments in which any of the retirement funds may be invested, subject to the same limitations governing the management of funds under control of the Tennessee Teachers' Retirement System as provided in Chapter 29 of the Public Acts of the General Assembly of the State of Tennessee for the year 1945* and amendments thereto. (Priv. Acts 1955, ch. 113, § 8)

Memphis Charter, art. 81, § 1080 Retirement allowances not to be taken for debt or subject to garnishment.

Sec. 1080. - Retirement allowances not to be taken for debt or subject to garnishment. The salaries or allowances paid or granted hereunder shall not be taken for debt by any process of law, and shall not be subject to garnishment. (Priv. Acts 1955, ch. 113, § 9)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART81CHBOEDMESC_DIVIIIREPEFetched: 10/28/2026