§ 8-50-1201 Short Title
§ 8-50-1202 Part Definitions
§ 8-50-1203 Establishment of Trust
§ 8-50-1204 Trust Conditions
§ 8-50-1205 Powers and Duties
§ 8-50-1206 Audit
§ 8-50-1207 Scope of Part

Terms Used In Tennessee Code > Title 8 > Chapter 50 > Part 12 - Other Post-Employment Benefit Investment Trust Act of 2006

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alcohol dependence: means alcohol abuse that results in the development of tolerance or manifestations of alcohol abstinence syndrome upon cessation of use. See Tennessee Code 33-1-101
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Area of sales responsibility: means the geographical area, agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement, within which area the dealer has the exclusive right to display and sell the manufacturer's new recreational vehicles of a particular line-make to the retail public. See Tennessee Code 55-28-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bicycle: means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20") in diameter. See Tennessee Code 55-8-101
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • Chief officer: means the person with overall authority for a public or private hospital, developmental center, treatment resource, or developmental disabilities service or facility, or the person's designee. See Tennessee Code 33-1-101
  • Child: means a person who is under eighteen (18) years of age. See Tennessee Code 33-1-101
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commissioner: means the commissioner of mental health and substance abuse services when the statute at issue relates to mental illness or serious emotional disturbance and means the commissioner of intellectual and developmental disabilities when the statute at issue relates to intellectual and developmental disabilities. See Tennessee Code 33-1-101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community mental health center: includes for profit corporations and private entities qualified as tax exempt organizations under Internal Revenue Code, §. See Tennessee Code 33-1-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consent: means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed. See Tennessee Code 33-1-101
  • Consumer: means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty. See Tennessee Code 55-24-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state. See Tennessee Code 55-8-101
  • Dealer: means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter or chapter 17, part 4 of this title. See Tennessee Code 55-28-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the department of mental health and substance abuse services when the statute at issue deals with mental illness or serious emotional disturbance and means the department of intellectual and developmental disabilities when the statute at issue deals with intellectual and developmental disabilities. See Tennessee Code 33-1-101
  • Department: means the department of safety, the department of revenue and the county clerk's office when acting as an agent of these departments, or the duly authorized agents or contractors thereof, responsible to compile and maintain motor vehicle records. See Tennessee Code 55-25-103
  • Disclose: means to engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any person, organization or entity, by any means of communication. See Tennessee Code 55-25-103
  • Distributor: means any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers. See Tennessee Code 55-28-102
  • Driver: means :

    1. For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101
    2. Drug dependence: means drug abuse that results in the development of tolerance or manifestations of drug abstinence syndrome upon cessation of use. See Tennessee Code 33-1-101
    3. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
    4. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    5. Express consent: means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in 15 U. See Tennessee Code 55-25-103
    6. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
    7. Family member: means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse of such family member. See Tennessee Code 55-28-102
    8. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
    9. Folding camping trailer: means a vehicle mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. See Tennessee Code 55-28-102
    10. Fraud: Intentional deception resulting in injury to another.
    11. funding board: means the board created pursuant to §. See Tennessee Code 8-50-1202
    12. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
    13. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
    14. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
    15. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
    16. Highly restricted personal information: means an individual's photograph or image, social security number, medical or disability information. See Tennessee Code 55-25-103
    17. Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
    18. Hospital: means a public or private hospital or facility or part of a hospital or facility equipped to provide inpatient care and treatment for persons with mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
    19. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
    20. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
    21. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
    22. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
    23. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
    24. Lessee: means any consumer who leases a motor vehicle pursuant to a written lease agreement by which a manufacturer's warranty was issued as a condition of sale or which provides that the lessee is responsible for repairs to the motor vehicle. See Tennessee Code 55-24-101
    25. Lien: A claim against real or personal property in satisfaction of a debt.
    26. Line-make: means a specific series of recreational vehicles that:

      1. Are identified by a common series trade name or trademark. See Tennessee Code 55-28-102
      2. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
      3. Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. See Tennessee Code 55-8-101
      4. Manufacturer: means any person who manufactures or assembles new or unused motor vehicles or, in the case of motor vehicles not manufactured in the United States, the importer of the motor vehicle. See Tennessee Code 55-24-101
      5. Manufacturer: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles. See Tennessee Code 55-28-102
      6. Mental illness: means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities. See Tennessee Code 33-1-101
      7. Month: means a calendar month. See Tennessee Code 1-3-105
      8. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
      9. Motor home: means a motorized vehicle designed to provide temporary living quarters for recreational, camping, or travel use. See Tennessee Code 55-28-102
      10. Motor vehicle: means every vehicle, including a low speed vehicle or a medium speed vehicle that is self-propelled, excluding electric scooters, electric bicycles as defined in §. See Tennessee Code 55-8-101
      11. Motor vehicle: means any self-propelled vehicle that is designed for use upon the highway, including trailers and semitrailers designed for use with the vehicle, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, except traction engines, road rollers and farm tractors. See Tennessee Code 55-23-102
      12. Motor vehicle: includes a motorcycle, as defined in §. See Tennessee Code 55-24-101
      13. Motor vehicle record: means any records that pertain to a motor vehicle operator's or driver license or permit, motor vehicle registration, motor vehicle title, or identification document issued by a department of safety, or other state or local agency authorized to issue any of these forms of credentials. See Tennessee Code 55-25-103
      14. Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
      15. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
      16. Operator: means :

        For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-8-101

      17. Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
      18. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
      19. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      20. Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
      21. Person: includes any natural person, firm, association, corporation or partnership. See Tennessee Code 55-23-102
      22. Person: means every natural person, partnership, corporation, association, trust, estate or other legal entity. See Tennessee Code 55-24-101
      23. Person: means an individual, organization or entity, but does not include this state or an agency of this state. See Tennessee Code 55-25-103
      24. Personal information: means information that identifies a person, including an individual's photograph, or computerized image, social security number, driver identification number, name, address excluding the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, and driver license or registration status. See Tennessee Code 55-25-103
      25. Plaintiff: The person who files the complaint in a civil lawsuit.
      26. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
      27. Political subdivision: means any Tennessee local governmental entity, including, but not limited to, any municipality, metropolitan government, county, utility district, school district, public building authority, and development district created and existing pursuant to the laws of Tennessee, or any instrumentality of government created by any one (1) or more of the named local governmental entities or by an act of the general assembly. See Tennessee Code 8-50-1202
      28. post-employment benefits: means nonpension benefits paid on behalf of former employees or the former employees' beneficiaries after separation from service. See Tennessee Code 8-50-1202
      29. Property: includes both personal and real property. See Tennessee Code 1-3-105
      30. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
      31. Qualified mental health professional: means a person who is licensed in the state, if required for the profession, and who is a psychiatrist. See Tennessee Code 33-1-101
      32. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
      33. Record: includes all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, printouts or other documentary materials regardless of physical form or characteristics. See Tennessee Code 55-25-103
      34. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
      35. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
      36. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
      37. Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
      38. Serious emotional disturbance: means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology. See Tennessee Code 33-1-101
      39. 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
      40. Service of process: The service of writs or summonses to the appropriate party.
      41. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
      42. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
      43. State: includes states, territories, districts and insular and other possessions of the United States. See Tennessee Code 33-9-101
      44. State: means the state of Tennessee. See Tennessee Code 8-34-101
      45. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      46. Statute: A law passed by a legislature.
      47. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
      48. Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
      49. Substantially impair: means to render a motor vehicle unreliable or unsafe for normal operation or to reduce its resale market value below the average resale value for comparable motor vehicles. See Tennessee Code 55-24-101
      50. suitable available accommodations: means that a state-owned or operated hospital or treatment resource has the capacity, as reasonably determined by the commissioner, and the medical capability, equipment and staffing to provide an appropriate level of care, treatment and physical security to an individual in an unoccupied and unassigned bed. See Tennessee Code 33-1-101
      51. Supplier: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components. See Tennessee Code 55-28-102
      52. Support: means any activity or resource that enables a service recipient to participate in a service for mental illness, serious emotional disturbance, or developmental disabilities or in community life. See Tennessee Code 33-1-101
      53. Term of protection: means the term of applicable express warranties or the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever comes first. See Tennessee Code 55-24-101
      54. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
      55. Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101
      56. Trailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. See Tennessee Code 55-8-101
      57. Transient customer: means a customer who is temporarily traveling through a dealer's area of sales responsibility. See Tennessee Code 55-28-102
      58. Travel trailer: means a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle. See Tennessee Code 55-28-102
      59. Treatment resource: means any public or private facility, service, or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses, and rehabilitation centers. See Tennessee Code 33-1-101
      60. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
      61. Trustee: A person or institution holding and administering property in trust.
      62. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      63. Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
      64. Venue: The geographical location in which a case is tried.
      65. Verdict: The decision of a petit jury or a judge.
      66. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
      67. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105