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2000 Florida Statutes
Contributions.
1121.071 Contributions.--Contributions to the system shall be made as follows:
2(1) The following tables state the required retirement contribution rates for members of the Regular Class, Special Risk Class, or Special Risk Administrative Support Class and their employers in terms of a percentage of the member's gross compensation. A change in a contribution rate is effective with the first salary paid on or after the beginning date of the change. Contributions shall be made or deducted as may be appropriate for each pay period and are in addition to the contributions required for social security and the Retiree Health Insurance Subsidy Trust Fund.
(a) Retirement contributions for regular members are as follows:
| Dates of Contribution Rate Changes | Members | Employers |
| December 1, 1970, through December 31, 1974, for state agencies, state universities, community colleges, and district school boards | 4% | 4% |
| December 1, 1970, through September 30, 1975, for all other local government agencies | 4% | 4% |
| January 1, 1975, through September 30, 1978, for state agencies and state universities | 0% | 9% |
| January 1, 1975, through July 31, 1978, for community colleges and district school boards | 0% | 9% |
| October 1, 1975, through September 30, 1978, for all other local government agencies | 0% | 9% |
| August 1, 1978, through September 30, 1981, for community colleges and district school boards | 0% | 9.1% |
| October 1, 1978, through September 30, 1981, for all other agencies | 0% | 9.1% |
| October 1, 1981, through September 30, 1984 | 0% | 10.93% |
| October 1, 1984, through September 30, 1986 | 0% | 12.24% |
| October 1, 1986, through December 31, 1988 | 0% | 13.14% |
| January 1, 1989, through December 31, 1989 | 0% | 13.90% |
| January 1, 1990, through December 31, 1990 | 0% | 14.66% |
| January 1, 1991, through December 31, 1991 | 0% | 15.72% |
| January 1, 1992, through December 31, 1992 | 0% | 16.51% |
| January 1, 1993, through December 31, 1993 | 0% | 17.27% |
| January 1, 1994, through December 31, 1994 | 0% | 17.10% |
| January 1, 1995, through December 31, 1995 | 0% | 16.91% |
| January 1, 1996, through June 30, 1996 | 0% | 17.00% |
| July 1, 1996, through June 30, 1998 | 0% | 16.77% |
| July 1, 1998, through June 30, 1999 | 0% | 15.51% |
| Effective July 1, 1999 | 0% | 9.21% |
3(b) Retirement contributions for special risk members are as follows:
| Dates of Contribution Rate Changes | Members | Employers |
| December 1, 1970, through September 30, 1974 | 6% | 6% |
| October 1, 1974, through December 31, 1974, for state agencies, state universities, community colleges, and district school boards | 8% | 8% |
| October 1, 1974, through September 30, 1975, for all other local government agencies | 8% | 8% |
| January 1, 1975, through September 30, 1978, for state agencies, state universities, community colleges, and district school boards | 0% | 13% |
| October 1, 1975, through September 30, 1978, for other local government agencies | 0% | 13% |
| October 1, 1978, through September 30, 1981 | 0% | 13.95% |
| October 1, 1981, through September 30, 1984 | 0% | 13.91% |
| October 1, 1984, through September 30, 1986 | 0% | 14.67% |
| October 1, 1986, through December 31, 1988 | 0% | 15.11% |
| January 1, 1989, through December 31, 1989 | 0% | 17.50% |
| January 1, 1990, through December 31, 1990 | 0% | 19.90% |
| January 1, 1991, through December 31, 1991 | 0% | 25.52% |
| January 1, 1992, through December 31, 1992 | 0% | 26.35% |
| January 1, 1993, through December 31, 1993 | 0% | 27.14% |
| January 1, 1994, through December 31, 1994 | 0% | 27.03% |
| January 1, 1995, through December 31, 1995 | 0% | 26.83% |
| January 1, 1996, through June 30, 1996 | 0% | 26.84% |
| July 1, 1996, through June 30, 1998 | 0% | 26.44% |
| July 1, 1998, through June 30, 1999 | 0% | 24.38% |
| July 1, 1999, through June 30, 2000 | 0% | 20.22% |
| Effective July 1, 2000 | 0% | 20.35% |
3(c) Retirement contributions for special risk administrative support members are as follows:
| Dates of Contribution Rate Changes | Members | Employers |
| July 1, 1982, through September 30, 1984 | 0% | 11.14% |
| October 1, 1984, through September 30, 1986 | 0% | 13.09% |
| October 1, 1986, through December 31, 1988 | 0% | 15.44% |
| January 1, 1989, through December 31, 1989 | 0% | 14.76% |
| January 1, 1990, through December 31, 1990 | 0% | 14.09% |
| January 1, 1991, through December 31, 1991 | 0% | 20.16% |
| January 1, 1992, through December 31, 1992 | 0% | 19.51% |
| January 1, 1993, through December 31, 1993 | 0% | 18.83% |
| January 1, 1994, through December 31, 1994 | 0% | 18.59% |
| January 1, 1995, through December 31, 1995 | 0% | 17.81% |
| January 1, 1996, through June 30, 1996 | 0% | 17.80% |
| July 1, 1996, through June 30, 1998 | 0% | 17.20% |
| July 1, 1998, through June 30, 1999 | 0% | 14.64% |
| July 1, 1999, through June 30, 2000 | 0% | 11.53% |
| Effective July 1, 2000 | 0% | 11.74% |
(2)4(a) Effective January 1, 1975, or October 1, 1975, as applicable, each employer shall accomplish the increased contribution required by subsection (1) by a procedure in which no employee's gross salary shall be reduced.
(b) Upon termination of employment for any reason other than retirement, a member shall be entitled to a full refund of the contributions he or she has made prior or subsequent to participation in the noncontributory plan, subject to the restrictions otherwise provided in this chapter.
(3) The employer paying the salary of a member shall contribute an amount as specified in this section, which shall constitute the entire employer retirement contribution with respect to such member. The employer shall also withhold one-half of the entire contribution of the member required for social security coverage. Contributions for social security by each member and each employer, in the amount required for social security coverage as now or hereafter provided by the federal Social Security Act, shall be in addition to contributions specified in subsection (1).
(4) The following table states the required employer contribution on behalf of each member of the Regular Class, Special Risk Class, or Special Risk Administrative Support Class in terms of a percentage of the member's gross compensation. Such contribution constitutes the entire health insurance subsidy contribution with respect to the member. A change in the contribution rate is effective with the first salary paid on or after the beginning date of the change. The retiree health insurance subsidy contribution rate is as follows:
| Dates of Contribution Rate Changes | Contribution Rate |
| October 1, 1987, through December 31, 1988 | 0.24% |
| January 1, 1989, through December 31, 1993 | 0.48% |
| January 1, 1994, through December 31, 1994 | 0.56% |
| January 1, 1995, through June 30, 1998 | 0.66% |
| Effective July 1, 1998 | 0.94% |
Such contributions shall be deposited by the administrator in the Retiree Health Insurance Subsidy Trust Fund.
(5) Contributions made in accordance with subsections (1), (2), (3), and (4) shall be paid by the employer into the system trust funds in accordance with rules adopted by the administrator pursuant to chapter 120. Such contributions are due and payable no later than the 25th day of the month immediately following the month during which the payroll period ended. The department may, by rule, establish a different due date, which shall supersede the date specified herein; however, such due date may not be established earlier than the 20th day of the month immediately following the month during which the payroll period ended. Effective January 1, 1984, contributions made in accordance with subsection (3) shall be paid by the employer into the system trust fund in accordance with rules adopted by the administrator pursuant to chapter 120. For any payroll period ending any day of the month before the 16th day of the month, such contributions are due and payable no later than the 20th day of the month; and, for any payroll periods ending any day of the month after the 15th day of the month, such contributions are due and payable no later than the 5th day of the next month. Contributions received in the offices of the department after the prescribed date shall be considered delinquent unless, in the opinion of the department, exceptional circumstances beyond an employer's control prevented remittance by the prescribed due date notwithstanding such employer's good faith efforts to effect delivery; and, with respect to retirement contributions due under subsections (1) and (4), each employer shall be assessed a delinquent fee of 1 percent of the contributions due for each calendar month or part thereof that the contributions are delinquent. Such a waiver of the delinquency fee by the department may be granted an employer only one time each fiscal year. Delinquent social security contributions shall be assessed a delinquent fee as authorized by s. 650.05(4). The delinquent fee assessable for an employer's first delinquency after July 1, 1984, shall be as specified in s. 650.05(4), and, beginning with the second delinquency in any fiscal year by the employer subsequent to July 1, 1984, all subsequent delinquency fees shall be assessed against the employer at twice the applicable percentage rate specified in s. 650.05(4).
(6)(a) Required employee contributions for all service other than current service, including, but not limited to, prior service, past service, military service, leave-of-absence service, out-of-state service, and certain non-Florida Retirement System in-state service, shall be paid by cash, personal check, cashier's check, or money order only; shall be accompanied by a statement identifying the service for which payment is made; and shall be made in a lump sum for the total amount due or in annual payments of not less than $100, except for the final payment if less than $100, unless another method of payment is authorized by law or rule.
(b) On and after July 1, 1972, all remittances made by a member for the purchase of optional creditable service shall be credited to the member's account. A refund of a member's retirement contributions at termination, as provided in paragraph (2)(b), shall include all such remittances made by the member and credited to his or her account. If requested, a member may, at the time of retirement, receive a refund of any contributions he or she made for the purchase of any optional creditable service. A member is not entitled to a refund of contributions paid by an employer, except for employee contributions made by an employer for an employee's past service earned prior to October 1, 1975.
(c) By obtaining a refund of contributions, a member waives all rights under the Florida Retirement System to the service credit represented by the refunded contributions, except the right to purchase his or her prior service credit in accordance with s. 121.081(2).
(d) The contributions required of a member of the Teachers' Retirement System who transfers to the Florida Retirement System must be adjusted, based on the rate of 6.25 percent of salary earned while a member of the Teachers' Retirement System. Any overpayment that results from this adjustment will be refunded to the member, while any amount due, plus interest compounded annually, must be paid by the member prior to retirement. Effective upon the date of transfer to the Florida Retirement System, contributions shall be paid as required under this chapter.
History.--s. 7, ch. 70-112; ss. 4, 13, ch. 74-302; s. 1, ch. 74-376; s. 2, ch. 77-467; s. 5, ch. 78-308; s. 4, ch. 81-307; s. 2, ch. 82-169; s. 6, ch. 83-76; ss. 7, 8, ch. 84-266; s. 3, ch. 86-137; s. 8, ch. 87-373; s. 1, ch. 88-238; s. 11, ch. 88-382; s. 1, ch. 89-220; s. 12, ch. 90-274; s. 57, ch. 92-279; s. 55, ch. 92-326; s. 7, ch. 93-193; s. 8, ch. 94-259; s. 1426, ch. 95-147; s. 6, ch. 96-423; s. 7, ch. 98-138; s. 6, ch. 98-413; s. 35, ch. 99-255; s. 9, ch. 99-392; s. 2, ch. 2000-167.
1Note.--Section 3, ch. 2000-167, provides that "[t]he Legislature finds that a proper and legitimate state purpose is served when employees and retirees of the state and of its political subdivisions, and the dependents, survivors, and beneficiaries of such employees and retirees, are extended the basic protections afforded by governmental retirement systems that provide fair and adequate benefits that are managed, administered, and funded in an actuarially sound manner, as required by Section 14, Article X of the State Constitution and part VII of chapter 112, Florida Statutes. Therefore, the Legislature determines and declares that this act fulfills an important state interest."
2Note.--
A. Section 16, ch. 2000-169, provides that:
"It is the intent of the Legislature that costs attributable to increases in the retirement accrual rates for October 1978 through December 1992 for members of the Special Risk Class shall be funded by recognition of a lump sum from the excess actuarial assets of the Florida Retirement System Trust Fund as follows:
"(1) For fiscal year 2000-2001, the lump sum to be recognized shall be the greater of:
"(a) $345 million; or
"(b) The amount available under the rate stabilization mechanism described in s. 121.031, Florida Statutes, after any other recognition of excess actuarial assets pursuant to this act.
"(2)(a) For fiscal years 2001-2002 and 2002-2003, the lump sums to be recognized shall be the lesser of:
"1. The amount available under the rate stabilization mechanism described in s. 121.031, Florida Statutes, after any other recognition of excess actuarial assets pursuant to this act; or
"2. The remaining amount needed to fully fund the benefit accrual rate.
"(b) If, after the recognition of excess actuarial assets pursuant to this subsection, there remains an unfunded actuarial liability attributable to the increase in the retirement accrual rates for the Special Risk Class, the contribution rate applicable to the Special Risk Class of the Florida Retirement System shall be increased by 1.85 percentage points, effective July 1, 2002, unless the Legislature provides an alternative funding mechanism."
B. Section 22, ch. 2000-169, provides that:
"(1) Effective July 1, 2000, for fiscal year 2000-2001, the contribution rates for the Regular Class, Special Risk Class, Special Risk Administrative Support Class, each subclass of the Elected Officers' Class, and the Senior Management Service Class each shall be reduced by 1.0 percentage points. These reductions shall be in addition to all other changes to such contribution rates which may be enacted into law after July 1, 2000.
"(2) It is the intent of the Legislature that the costs attributable to the reduction of contribution rates pursuant to subsection (1) shall be funded by recognition of a lump sum equal to the annual cost attributable to this reduction of the contribution rates from the excess actuarial assets of the Florida Retirement System Trust Fund."
C. Section 24, ch. 2000-169, provides that:
"(1) Effective July 1, 2000, for fiscal years 2000-2001 and 2001-2002, the contribution rates for the Regular Class, Special Risk Class, Special Risk Administrative Support Class, each subclass of the Elected Officers' Class, and the Senior Management Service Class each shall be reduced by 0.1 percentage points. These reductions shall be in addition to all other changes to such contribution rates which may be enacted into law to take effect on that date.
"(2) It is the intent of the Legislature that the costs attributable to the reduction of contribution rates pursuant to subsection (1) shall be funded by a recognition of a lump sum from the excess actuarial assets of the Florida Retirement System Trust Fund for fiscal years 2000-2001 and 2001-2002."
D. Section 21, ch. 2000-169, provides that:
"(1) It is the intent of the Legislature that the normal costs attributable to the 1999 actuarial experience study of the defined benefit retirement program shall be funded by recognition of a lump sum from the excess actuarial assets of the Florida Retirement System Trust Fund as follows:
"(2) For fiscal year 2000-2001, the lump sum to be recognized shall be the annual cost attributable to the 1999 actuarial experience study. For fiscal year 2001-2002, the Legislature intends to recognize a lump sum of $76.7 million and shall review the contribution rate necessary to fund these costs. Absent legislative action to the contrary, the contribution rates shall be increased on July 1, 2001, as follows:
"(a) The contribution rate that applies to the Regular Class of the Florida Retirement System shall be increased by 0.28 percentage points.
"(b) The contribution rate that applies to the Special Risk Class of the Florida Retirement System shall be increased by 1.13 percentage points.
"(c) The contribution rate that applies to the Special Risk Administrative Support Class of the Florida Retirement System shall be increased by 0.65 percentage points.
"(d) The contribution rate that applies to the Judicial subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.00 percentage points.
"(e) The contribution rate that applies to the legislative-attorney-Cabinet subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.00 percentage points.
"(f) The contribution rate that applies to the County Officers' subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.11 percentage points.
"(g) The contribution rate that applies to the Senior Management Service Class of the Florida Retirement System shall be increased by 0.36 percentage points.
"These increases shall be in addition to all other changes to such contribution rates which may be enacted into law to take effect on that date. The Division of Statutory Revision is directed to adjust the contribution rates set forth in ss. 121.052, 121.055, and 121.071, Florida Statutes."
E. Section 20, ch. 2000-169, provides that:
"It is the intent of the Legislature that the normal costs attributable to the reduction in vesting requirements for members of the defined benefit retirement program shall be funded by recognition of a lump sum from the excess actuarial assets of the Florida Retirement System Trust Fund as follows:
"(1) For fiscal year 2001-2002, the lump sum to be recognized shall be the annual cost attributable to 6-year vesting.
"(2) For fiscal year 2002-2003, the Legislature intends to recognize a lump sum equal to the annual cost attributable to 6-year vesting and shall review the contribution rates necessary to fund this change in vesting requirements. Absent legislative action to recognize an additional lump sum for fiscal year 2002-2003 and thereafter, the contribution rates shall be increased as follows:
"(a) The contribution rate that applies to the Regular Class of the Florida Retirement System shall be increased by 0.42 percentage points.
"(b) The contribution rate that applies to the Special Risk Class of the Florida Retirement System shall be increased by 0.64 percentage points.
"(c) The contribution rate that applies to the Special Risk Administrative Support Class of the Florida Retirement System shall be increased by 0.30 percentage points.
"(d) The contribution rate that applies to the Judicial subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.34 percentage points.
"(e) The contribution rate that applies to the legislative-attorney-Cabinet subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.66 percentage points.
"(f) The contribution rate that applies to the County Officers' subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.17 percentage points.
"(g) The contribution rate that applies to the Senior Management Service Class of the Florida Retirement System shall be increased by 0.19 percentage points.
"These increases shall be in addition to all other changes to such contribution rates which may be enacted into law to take effect on that date. The Division of Statutory Revision is directed to adjust the contribution rates set forth in ss. 121.052, 121.055, and 121.071, Florida Statutes."
F. Section 23, ch. 2000-169, provides that:
"Effective July 1, 2002, in order to fund the changes in normal cost for the defined benefit retirement program resulting from the implementation of the Public Employee Optional Retirement Program, as created by this act:
"(1) The contribution rate that applies to the Regular Class of the Florida Retirement System shall be increased by 0.21 percentage points.
"(2) The contribution rate that applies to the Special Risk Class of the Florida Retirement System shall be increased by 0.01 percentage points.
"(3) The contribution rate that applies to the Special Risk Administrative Support Class of the Florida Retirement System shall be decreased by 0.02 percentage points.
"(4) The contribution rate that applies to the Judicial subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.00 percentage points.
"(5) The contribution rate that applies to the legislative-attorney-Cabinet subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.07 percentage points.
"(6) The contribution rate that applies to the County Officers' subclass of the Elected Officers' Class of the Florida Retirement System shall be increased by 0.00 percentage points.
"(7) The contribution rate that applies to the Senior Management Service Class of the Florida Retirement System shall be increased by 0.00 percentage points.
"These increases shall be in addition to all other changes to such contribution rates which may be enacted into law to take effect on that date. The Division of Statutory Revision is directed to adjust the contribution rates set forth in ss. 121.052, 121.055, and 121.071, Florida Statutes."
3Note.--Section 2, ch. 2000-167, provides that:
"Effective July 1, 2000, in order to fund the benefits provided under section 1 of this act:
"(1) The contribution rates that apply to the Special Risk Class of the Florida Retirement System shall be increased by 0.13 percentage points; and
"(2) The contribution rates that apply to the Special Risk Administrative Support Class of the Florida Retirement System shall be increased by 0.21 percentage points.
"These increases shall be in addition to all other changes to such contribution rates which may be enacted into law to take effect on that date. The Division of Statutory Revision is directed to adjust accordingly the contribution rates set forth in section 121.071, Florida Statutes."
4Note.--As amended by s. 11, ch. 88-382. Section 1, ch. 88-238, amended s. 121.071(2)(a) as amended by s. 8, ch. 87-373, to read:
(2)(a) Until January 1, 1975, each employer shall contribute an amount equal to the total of its member contributions, made under subsection (1), each pay period. Effective January 1, 1975, and until October 1, 1978, each employer shall contribute 9 percent of gross compensation each pay period for each of its regular members and 13 percent of gross compensation each pay period for each of its special risk members. Effective October 1, 1978, each employer shall contribute 9.1 percent of gross compensation each pay period for each of its regular members and 13.95 percent of gross compensation each pay period for each of its special risk members. Effective October 1, 1981, each employer shall contribute 10.93 percent of gross compensation each pay period for each of its regular members and 13.91 percent of gross compensation each pay period for each of its special risk members. Effective October 1, 1984, each employer shall contribute 12.24 percent of gross compensation each pay period for each of its regular members and 14.67 percent of gross compensation each pay period for each of its special risk members. Effective October 1, 1986, each employer shall contribute 13.14 percent of gross compensation each pay period for each of its regular members and 15.11 percent of gross compensation each pay period for each of its special risk members. Effective October 1, 1987, each employer shall contribute 13.38 percent of gross compensation each pay period for each of its regular members and 15.35 percent of gross compensation each pay period for each of its special risk members. Effective January 1, 1989, each employer shall contribute 13.62 percent of gross compensation each pay period for each of its regular members and 17.19 percent of gross compensation each pay period for each of its special risk members. Effective January 1, 1990, each employer shall contribute 18.79 percent of gross compensation each pay period for each of its special risk members. Effective January 1, 1991, each employer shall contribute 20.39 percent of gross compensation each pay period for each of its special risk members. Effective January 1, 1992, each employer shall contribute 21.99 percent of gross compensation each pay period for each of its special risk members. Effective January 1, 1993, each employer shall contribute 23.59 percent of gross compensation each pay period for each of its special risk members.