§ 1.01. Definitions.

As used in this Act, the following words and phrases shall have the meaning indicated unless otherwise defined or required by the context:

(a)

System shall mean the Davidson County Pension System created by this Act.

(b)

Employer shall mean Davidson County. Any department of Davidson County, other than the Department of Education, or any board of Davidson County, other than the Board of Education, shall be deemed to be Davidson County for the purposes of this Act.

(c)

Employee shall mean any person who is regularly employed by the employer; any person who is an official of the employer and who is elected by popular vote or by the Davidson County Quarterly Court; any person who is regularly employed in the service of the employer by an elected official of the employer; and any person who is regularly employed in the service of the employer and who is appointed by an elected official of the employer. In all cases of doubt, the pension commission shall determine whether or not a person is an 'employee' as defined herein.

(d)

Member shall mean either a member of Division A or a member of Division B.

(e)

Member of Division A shall mean any employee who becomes a member of Division A as provided in Article 2 of this Act.

(f)

Member of Division B shall mean any employee who becomes a member of Division B as provided in Article 3 of this Act.

(g)

Retired member shall mean any person who is no longer an employee and is receiving a benefit provided by this Act, or any Act amendatory thereof.

(h)

Fund shall mean the Davidson County Pension Fund created by this Act which shall consist of all assets of the system.

(i)

Fiscal year shall mean the fiscal year of the employer.

(j)

Pension commission or commission shall mean the pension commission established by this Act which shall administer the system in accordance with the provisions of this Act.

(k)

Effective date shall mean July 1, 1961, which shall be the effective date of this Act.

(l)

Earnings shall mean the total compensation paid to an employee for his personal services rendered to the employer, excluding overtime payments, fees of office paid to an employee who is not elected by popular vote or by the Davidson County Quarterly Court, compensation paid to members of boards or commissions of the employer for personal services rendered as members of such boards or commissions, perquisites, or other compensation not a part of the set scale for an established normal working period; provided, however, that any compensation paid by the State of Tennessee or the employer upon which benefits under the Tennessee State Retirement System or any other retirement system, other than this system, are based shall be excluded from 'earnings' as defined herein.

(m)

Service shall mean years and completed calendar months of service of an employee of the employer.