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PLEASE DO NOT SIGN "EXHIBIT ONLY" <br /> 2. Public Agency shall participate in the Public Employees' Retirement <br /> System from and after September 1, 1953 making its employees as <br /> hereinafter provided, members of said System subject to all provisions of <br /> the Public Employees' Retirement Law except such as apply only on <br /> election of a contracting agency and are 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. Public Agency agrees to indemnify, defend and hold harmless the <br /> California Public Employees' Retirement System (CaIPERS) and its <br /> trustees, agents and employees, the CaIPERS Board of Administration, <br /> and the California Public Employees' Retirement Fund from any claims, <br /> demands, actions, losses, liabilities, damages, judgments, expenses and <br /> costs, including but not limited to interest, penalties and attorney fees that <br /> may arise as a result of any of the following: <br /> (a) Public Agency's election to provide retirement benefits, <br /> provisions or formulas under this Contract that are different than <br /> the retirement benefits, provisions or formulas provided under <br /> the Public Agency's prior non-CaIPERS retirement program. <br /> (b) Any dispute, disagreement, claim, or proceeding (including <br /> without limitation arbitration, administrative hearing, or litigation) <br /> between Public Agency and its employees (or their <br /> representatives) which relates to Public Agency's election to <br /> amend this Contract to provide retirement benefits, provisions or <br /> formulas that are different than such employees' existing <br /> retirement benefits, provisions or formulas. <br /> (c) Public Agency's agreement with a third party other than <br /> CaIPERS to provide retirement benefits, provisions, or formulas <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 Public Agency in the following classes shall become <br /> members of said Retirement System except such in each such class 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 />