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Florida Statute 121.71 - Full Text and Legal Analysis
Florida Statute 121.71 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 121
FLORIDA RETIREMENT SYSTEM
View Entire Chapter
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 ClassPercentage of
Gross
Compensation,
Effective
July 1, 2011
 
Regular Class3.00%
Special Risk Class3.00%
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 Class3.00%
DROP0.00%
(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 ClassPercentage of
Gross
Compensation,
Effective
July 1, 2025
 
Regular Class7.10%
Special Risk Class20.10%
Special Risk
 Administrative
 Support Class
10.88%
Elected Officers’ Class
 Legislators, Governor,
 Lt. Governor,
 Cabinet Officers,
 State Attorneys,
 Public Defenders
10.04%
Elected Officers’ Class
 Justices, Judges
15.62%
Elected Officers’ Class
 County Elected Officers
11.79%
Senior Management Service Class8.73%
DROP9.37%
(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 ClassPercentage of
Gross
Compensation,
Effective
July 1, 2025
 
Regular Class4.87%
Special Risk Class13.03%
Special Risk
 Administrative
 Support Class
26.54%
Elected Officers’ Class
 Legislators, Governor,
 Lt. Governor,
 Cabinet Officers,
 State Attorneys,
 Public Defenders
50.56%
Elected Officers’ Class
 Justices, Judges
28.46%
Elected Officers’ Class
 County Elected Officers
40.72%
Senior Management Service Class22.45%
DROP10.65%
(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; s. 9, ch. 2025-6; s. 1, ch. 2025-205.

F.S. 121.71 on Google Scholar

F.S. 121.71 on CourtListener

Amendments to 121.71


Annotations, Discussions, Cases:

Cases Citing Statute 121.71

Total Results: 11

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

580 So. 2d 641, 1991 WL 43187

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 1364538

Cited 12 times | Published

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

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

408 So. 2d 1033

Supreme Court of Florida | Filed: Dec 10, 1981 | Docket: 1732578

Cited 9 times | Published

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

Scott v. Williams

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

Supreme Court of Florida | Filed: Jan 17, 2013 | Docket: 60228654

Cited 7 times | Published

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.

882 So. 2d 1030, 2004 WL 1781259

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 1289598

Published

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

Boggs v. Department of Management Services

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

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 64816827

Published

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

Ago

Florida Attorney General Reports | Filed: Nov 21, 1994 | Docket: 3257309

Published

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

Long v. Florida

805 F.2d 1542, 42 Fair Empl. Prac. Cas. (BNA) 1058, 7 Employee Benefits Cas. (BNA) 2648, 1986 U.S. App. LEXIS 34989, 42 Empl. Prac. Dec. (CCH) 36,709

Court of Appeals for the Eleventh Circuit | Filed: Dec 19, 1986 | Docket: 66221424

Published

compensation of participating employees. Id. § 121.071. Upon retirement an employee’s right to a certain

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

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

District Court of Appeal of Florida | Filed: Aug 6, 1986 | Docket: 64621019

Published

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

Hillman v. Division of Retirement

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

District Court of Appeal of Florida | Filed: Jan 26, 1984 | Docket: 64603261

Published

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

Ago

Florida Attorney General Reports | Filed: Dec 29, 1978 | Docket: 3257024

Published

(3), F. S. (1978 Supp.). Section 121.071(4), F. S. (1978 Supp.). Section 121.071(5), F. S. (1978 Supp.)

Ago

Florida Attorney General Reports | Filed: Jul 3, 1974 | Docket: 3256653

Published

each pay period for special risk members. Section 121.071, as amended. (Regular members are presently