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• <br /> LEASE DO NOT SIGN°EXHIBff ONLY" <br /> 2. Pubic Agency shall participate in the Public Employees' Retirement <br /> System tram and alter September 1, 1863 making Its employees as <br /> hereinafter provided, nambars of said System subject to all provisions of <br /> the Pubic Empbyase Retirement Law except such as apply only on <br /> election of a contracting agency and we not provided for herein and to all <br /> amendments to said Law hereafter enacted except those, which by <br /> express provisions thereof, apply only on the election of a contracting <br /> agency <br /> 3. Pubic Agency agrees to indemnify,defend and hold harmless the <br /> California Pubic Employees'Retirement System(CalPERS)and its <br /> trustees,agents and emptiness,the CaPPERS Board of Administration, <br /> and the California Public Employees'Ref ement Fund tom any dabna, <br /> demands,rte,losses,Miles,damages,judgments,expenses and <br /> coals, betiding but not belted to interest,penalties and attorneys fees <br /> that may arise as a result of any of the toimwbz <br /> (a) Public Agency's election to provide retirement benefits, <br /> provisions or formulas under this Contract that are different than <br /> the re/Warrant benefits,provisions or formulas provided under <br /> the Pubic Agency's prior non.CaIPERS retirement program <br /> (b) Any dispute,disagreement, debn,or proceeding (including <br /> without Ibndaton arbitration,administrative hearing,or litigation) <br /> between Public Agency and is employees(or their <br /> representatives)which relates to Pubic Agency's election to <br /> amend this Contract to provide retirement bandits,provisions or <br /> formulas that are different than such employees'existing <br /> ret rement benefits,provisions or formulas <br /> (c) Pubic Agency's agreement with a third party other than <br /> CaPPERS to provide retirement barelis,provisions,or formuules <br /> that are different than the retirement benefits,provisions or <br /> formulas provided under this Contract and provided for under <br /> the California Public Employees'Retirement Law. <br /> 4. Employees of Pubic Agency in the following classes shall became <br /> members of said Retirement System except such in each such lase as <br /> are excluded by law or this agreement <br /> a. Local Fire Fighters(herein referred to as local safety members); <br /> b. Local Police Officers(herein referred to as local safety members); <br /> c. Employees other than local safety members (herein referred to as <br /> local miscellaneous members). <br />