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2019 Florida Statutes
SECTION 71
Uniform rates; process; calculations; levy.
Uniform rates; process; calculations; levy.
121.71 Uniform rates; process; calculations; levy.—
(1) In conducting the system actuarial study required under s. 121.031, the actuary shall follow all requirements specified to determine, by Florida Retirement System employee membership class, the dollar contribution amounts necessary for the next fiscal year for the pension plan. In addition, the actuary shall determine, by Florida Retirement System membership class, based on an estimate for the next fiscal year of the gross compensation of employees participating in the investment plan, the dollar contribution amounts necessary to make the allocations required under ss. 121.72, 121.73, and 121.735. For each employee membership class and subclass, the actuarial study must establish a uniform rate necessary to fund the benefit obligations under both Florida Retirement System retirement plans by dividing the sum of total dollars required by the estimated gross compensation of members in both plans.
(2) Based on the uniform rates set forth in subsections (3), (4), and (5), employees and employers shall make monthly contributions to the Division of Retirement as required in s. 121.061(1), which shall initially deposit the funds into the Florida Retirement System Contributions Clearing Trust Fund. A change in a contribution rate is effective the first day of the month for which a full month’s employer and employee contribution may be made on or after the beginning date of the change. Beginning July 1, 2011, each employee shall contribute the contributions required in subsection (3). The employer shall deduct the contribution from the employee’s monthly salary, and the contribution shall be submitted to the division. These contributions shall be reported as employer-paid employee contributions, and credited to the account of the employee. The contributions shall be deducted from the employee’s salary before the computation of applicable federal taxes and treated as employer contributions under 26 U.S.C. s. 414(h)(2). The employer specifies that the contributions, although designated as employee contributions, are being paid by the employer in lieu of contributions by the employee. The employee does not have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the plan. Such contributions are mandatory, and each employee is considered to have consented to payroll deductions. Payment of an employee’s salary or wages, less the contribution, is a full and complete discharge and satisfaction of all claims and demands for the service rendered by employees during the period covered by the payment, except their claims to the benefits to which they may be entitled under this chapter.
(3) Required employee retirement contribution rates for each membership class and subclass of the Florida Retirement System for both retirement plans are as follows:
| Membership Class | Percentage of Gross Compensation, Effective July 1, 2011 |
| Regular Class | 3.00% |
| Special Risk Class | 3.00% |
| Special Risk Administrative Support Class | 3.00% |
| Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders | 3.00% |
| Elected Officers’ Class— Justices, Judges | 3.00% |
| Elected Officers’ Class— County Elected Officers | 3.00% |
| Senior Management Service Class | 3.00% |
| DROP | 0.00% |
1(4) Required employer retirement contribution rates for each membership class and subclass of the Florida Retirement System for both retirement plans are as follows:
| Membership Class | Percentage of Gross Compensation, Effective July 1, 2019 |
| Regular Class | 3.19% |
| Special Risk Class | 12.61% |
| Special Risk Administrative Support Class | 3.61% |
| Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders | 6.67% |
| Elected Officers’ Class— Justices, Judges | 12.30% |
| Elected Officers’ Class— County Elected Officers | 8.73% |
| Senior Management Class | 4.60% |
| DROP | 4.68% |
1(5) In order to address unfunded actuarial liabilities of the system, the required employer retirement contribution rates for each membership class and subclass of the Florida Retirement System for both retirement plans are as follows:
| Membership Class | Percentage of Gross Compensation, Effective July 1, 2019 |
| Regular Class | 3.56% |
| Special Risk Class | 11.15% |
| Special Risk Administrative Support Class | 33.26% |
| Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders | 47.64% |
| Elected Officers’ Class— Justices, Judges | 27.98% |
| Elected Officers’ Class— County Elected Officers | 38.37% |
| Senior Management Service Class | 19.09% |
| DROP | 8.26% |
(6) If a member is reported under an incorrect membership class and the amount of contributions reported and remitted is less than the amount required, the employer shall owe the difference, plus the delinquent fee, of 1 percent for each calendar month or part thereof that the contributions should have been paid. The delinquent assessment may not be waived. If the contributions reported and remitted are more than the amount required, the employer shall receive a credit to be applied against future contributions owed.
(7) The state actuary shall recognize and use an appropriate level of available excess assets of the Florida Retirement System Trust Fund to offset the difference between the normal costs of the Florida Retirement System and the statutorily prescribed contribution rates.
History.—s. 1, ch. 2002-177; s. 47, ch. 2002-402; s. 3, ch. 2003-260; s. 1, ch. 2004-293; s. 1, ch. 2005-93; s. 1, ch. 2006-35; s. 1, ch. 2007-84; s. 7, ch. 2008-139; s. 1, ch. 2009-76; s. 33, ch. 2011-68; s. 4, ch. 2012-146; s. 5, ch. 2013-53; s. 5, ch. 2014-54; s. 5, ch. 2015-227; s. 2, ch. 2016-63; ss. 6, 10, ch. 2016-213; s. 14, ch. 2017-88; s. 1, ch. 2018-12; s. 27, ch. 2019-3; s. 1, ch. 2019-8; s. 3, ch. 2019-21.
1Note.—Section 3, ch. 2019-21, provides that:
“(1) In order to fund the benefit changes provided by this act to the Florida Retirement System, the required employer contribution rates for the members of the Florida Retirement System are increased as follows:
“(a) By 0.08 percentage point for the rate established in s. 121.71(4), Florida Statutes, for the Special Risk Class.
“(b) By 0.01 percentage point for the rate established in s. 121.71(5), Florida Statutes, for the Special Risk Class.
“(c) By 0.02 percentage point for the rate established in s. 121.71(5), Florida Statutes, for DROP.
“(2) The adjustments provided in subsection (1) are in addition to any other changes to such contribution rates which may be enacted into law to take effect on July 1, 2019. The Division of Law Revision is directed to adjust accordingly the contribution rates provided in s. 121.71, Florida Statutes.”
Adjustments to contribution rates in s. 121.71(4) and (5) by s. 3, ch. 2019-21, have been incorporated into the text of those provisions.