Florida Statute 121.71 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 121
FLORIDA RETIREMENT SYSTEM

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F.S. 121.71

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%

(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, 2024

Regular Class	6.73%
Special Risk Class	18.66%
Special Risk Administrative Support Class	11.54%
Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders	10.70%
Elected Officers’ Class— Justices, Judges	14.90%
Elected Officers’ Class— County Elected Officers	12.39%
Senior Management Service Class	8.56%
DROP	8.49%

(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, 2024

Regular Class	4.84%
Special Risk Class	12.07%
Special Risk Administrative Support Class	26.22%
Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders	50.21%
Elected Officers’ Class— Justices, Judges	28.49%
Elected Officers’ Class— County Elected Officers	¹44.23%
Senior Management Service Class	¹23.90%
DROP	10.64%

(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; s. 25, ch. 2020-2; s. 1, ch. 2020-116; s. 1, ch. 2021-42; s. 2, ch. 2022-159; s. 10, ch. 2023-193; s. 3, ch. 2024-92.

¹Note.—The percent sign was stricken by s. 3, ch. 2024-92, and reinserted by the editors to facilitate correct interpretation.

F.S. 121.71 on Google Scholar

F.S. 121.71 on Casetext

Amendments to 121.71

Arrestable Offenses / Crimes under Fla. Stat. 121.71

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 121.71.

Annotations, Discussions, Cases:

Cases Citing Statute 121.71

Total Results: 14

Scott v. Williams

Court: Supreme Court of Florida | Date Filed: 2013-01-17

Citation: 107 So. 3d 379, 38 Fla. L. Weekly Supp. 25, 55 Employee Benefits Cas. (BNA) 2267, 2013 Fla. LEXIS 65, 2013 WL 173955

Snippet: 13, Laws of Fla.; § 121.071(2)(a), Fla. Stat. (1975). Prior to 2011, section 121.071 provided that contributions

Wiggins v. DEPARTMENT OF MANAGEMENT SERV.

Court: District Court of Appeal of Florida | Date Filed: 2004-08-11

Citation: 882 So. 2d 1030, 2004 WL 1781259

Snippet: to receive a higher contribution rate. See, § 121.071, Fla. Stat. (2003). The intent of the legislature

Boggs v. Department of Management Services

Court: District Court of Appeal of Florida | Date Filed: 2002-08-14

Citation: 823 So. 2d 297, 2002 Fla. App. LEXIS 11576, 2002 WL 1842320

Snippet: established by law. Section 121.021(10) and Section 121.071, Florida Statutes (2001)1. Service credit under

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-11-21

Snippet: purposes of the Florida Retirement System, section 121.071(1), Florida Statutes, sets forth the percentage

Florida Ass'n of Counties, Inc. v. DEPT. OF ADMIN., DIV. OF RETIREMENT

Court: District Court of Appeal of Florida | Date Filed: 1991-03-29

Citation: 580 So. 2d 641, 1991 WL 43187

Snippet: Ch. 88-238, § 1, Laws of Fla. (codified at § 121.071(2)(a), Fla. Stat. (Supp. 1988)). [4] Ch. 88-238

In Re Amendment to Florida Rule Crim. Proc.

Court: Supreme Court of Florida | Date Filed: 1989-11-02

Citation: 550 So. 2d 1097, 1989 WL 48932

Snippet: (475,260) DUI Cases 75,121 71,507 47,395

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-11-24

Snippet: employers on behalf of their employees. See, s. 121.071, F.S., as amended by s. 3, Ch. 86-137, and s. 66

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-10-06

Snippet: department, board. . . ." However, as provided in s. 121.071(3)(a), F.S., no retirement contributions have been

School Board of Pinellas County v. Florida Department of Administration, Division of Retirement

Court: District Court of Appeal of Florida | Date Filed: 1986-08-06

Citation: 492 So. 2d 767, 11 Fla. L. Weekly 1703, 1986 Fla. App. LEXIS 9296

Snippet: cover the penalty and accrued interest. Section 121.071(5), Florida Statutes, states in pertinent part:

Hillman v. Division of Retirement

Court: District Court of Appeal of Florida | Date Filed: 1984-01-26

Citation: 446 So. 2d 158, 1984 Fla. App. LEXIS 11696

Snippet: were no longer required to contribute. Section 121.071, Florida Statutes (1975). Prior to amendment of

Edwards v. State, Department of Administration, Division of Retirement

Court: District Court of Appeal of Florida | Date Filed: 1983-10-19

Citation: 445 So. 2d 1030, 1983 Fla. App. LEXIS 22558

Snippet: (as defined in Sections 121.021; 121.061; and 121.071, Florida Statutes (1981). We find Rogers v. Rogers

Florida Sheriffs Ass'n v. Dept. of Admin.

Court: Supreme Court of Florida | Date Filed: 1981-12-10

Citation: 408 So. 2d 1033

Snippet: burden of making the plan actuarially sound. § 121.071, Fla. Stat. (1975). Employees, therefore, no longer

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-12-29

Snippet: See s. 121.071(3)(a), F. S., as amended by s. 5, Ch. 78-308, Laws of Florida. See also s. 121.071(2), F

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-07-03

Snippet: Legislature? SUMMARY: As the amendments to s. 121.071(1), F.S., made by SB 81 and CS for HB 3909 at the