eLaws of Florida

  SECTION 121.71. Uniform rates; process; calculations; levy.  


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  • 1(1) 2In conducting the system actuarial study required under s. 11121.031, 12the 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. 86121.72, 87121.73, 88and 89121.73590. 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.
    137(2) 138Based 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. 167121.061(1), 168which 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.
    411(3) 412Required employee retirement contribution rates for each membership class and subclass of the Florida Retirement System for both retirement plans are as follows:
    435Membership Class437Percentage of
    439Gross
    440Compensation,
    441Effective
    442July 1, 2011
    445Regular Class4473.00%
    448Special Risk Class4513.00%
    452Special Risk
    454Administrative
    455Support Class
    4573.00%
    458Elected Officers’ Class461-
    462Legislators, Governor,
    464Lt. Governor,
    466Cabinet Officers,
    468State Attorneys,
    470Public Defenders
    4723.00%
    473Elected Officers’ Class476-
    477Justices, Judges
    4793.00%
    480Elected Officers’ Class483-
    484County Elected Officers
    4873.00%
    488Senior Management Service Class4923.00%
    493DROP4940.00%
    495(4) 496Required employer retirement contribution rates for each membership class and subclass of the Florida Retirement System for both retirement plans are as follows:
    519Membership Class521Percentage of
    523Gross
    524Compensation,
    525Effective
    526July 1, 2020
    529Regular Class5314.84%
    532Special Risk Class53515.13%
    536Special Risk
    538Administrative
    539Support Class
    5419.89%
    542Elected Officers’ Class545-
    546Legislators, Governor,
    548Lt. Governor,
    550Cabinet Officers,
    552State Attorneys,
    554Public Defenders
    5568.38%
    557Elected Officers’ Class560-
    561Justices, Judges
    56313.31%
    564Elected Officers’ Class567-
    568County Elected Officers
    57110.07%
    572Senior Management Class5756.39%
    576DROP5777.03%
    578(5) 579In 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:
    613Membership Class615Percentage of
    617Gross
    618Compensation,
    619Effective
    620July 1, 2020
    623Regular Class6253.44%
    626Special Risk Class6297.60%
    630Special Risk
    632Administrative
    633Support Class
    63524.23%
    636Elected Officers’ Class639-
    640Legislators, Governor,
    642Lt. Governor,
    644Cabinet Officers,
    646State Attorneys,
    648Public Defenders
    65048.81%
    651Elected Officers’ Class654-
    655Justices, Judges
    65724.70%
    658Elected Officers’ Class661-
    662County Elected Officers
    66537.39%
    666Senior Management Service Class67019.18%
    671DROP6728.29%
    673(6) 674If 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.
    757(7) 758The 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.

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