In the case of any person who is entitled to be restored to a position in accordance with §§ 8-33-101 – 8-33-108, if the commissioner of human resources finds that:

(1) The department or agency with which such person was employed immediately prior to such person’s entry upon training and service aforementioned is no longer in existence and its functions have not been transferred to any other agency; or

Terms Used In Tennessee Code 8-33-103

  • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Position: means employment held by a public employee at the time of entrance into military duty, but does not include temporary or casual employment or an office filled by election. See Tennessee Code 8-33-101
  • Public employer: means any government, department, or agency mentioned in subdivision (5) employing a public employee in a position. See Tennessee Code 8-33-101
  • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
(2) For any reason it is not feasible for such person to be restored to such department or agency,

the commissioner shall determine whether or not there is a position in any other department or agency of the same public employer for which such person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the commissioner determines that there is such a position, such person shall be restored to such position by the department or agency in which such position exists.