Penalty Assessment

(1) The amount set forth in T.C.A. § 8-37-504 will be assessed by the Retirement Division against any employer who fails twice during any twenty-four month period to forward payroll data, or to pay the requisite amount of contributions to the Retirement Division. An employer will be deemed to have failed to forward the above whenever a contribution report is postmarked after the tenth day of the month following the month in which contributions are deducted or ten (10) calendar days after the contribution report form is mailed to the employer by the Retirement Division, if later. TENNESSEE CONSOLIDATED RETIREMENT SYSTEM CHAPTER 1700-03-01 (2) A warning letter will be sent to the employer by the Retirement Division the first time a contribution report or payment is late during any twenty-four month period. The letter will inform the employer that an amount will be assessed if another report or payment is late during the twenty-four month period. (3) Any amount assessed hereunder may be waived by the Director of the Retirement Division upon presentation of adequate documentation from the employer indicating the report and/or payment was late because of a unique problem or situation.