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2. Public Agency shall participate in the Public Employees' Retirement <br />System from and after July 1, 1944 making its employees as hereinafter <br />provided, members of said System subject to all provisions of the Public <br />Employees' Retirement Law except such as apply only on election of a <br />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. 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 />4. In addition to the classes of employees excluded from membership by <br />said Retirement Law, the following classes of employees shall not <br />become members of said Retirement System: <br />NO ADDITIONAL EXCLUSIONS <br />5. Effective May 22, 1974 and prior to January 1, 1975, those members <br />who were hired by Public Agency on a temporary and/or seasonal basis <br />not to exceed 6 months were excluded from PERS membership by <br />contract. Government Code Section 20336 superseded this contract <br />provision by providing that any such temporary and/or seasonal <br />employees are excluded from PERS membership subsequent to January <br />1, 1975. Legislation repealed and replaced said ,Section with <br />Government Code Section 20305 effective July 1, 1994. <br />6. The percentage of final compensation to be provided for each year of <br />credited prior and current service as a local miscellaneous member shall <br />be determined in accordance with Section 21354.4 of said Retirement <br />Law (2.5% at age 55), supplemental to Federal Social Security. <br />[Note that a future legislative proposal is being considered which <br />could amend Government Code Section 21354.4 to make the 2.5°1° <br />at 55 benefit formula applicable to bath active members and <br />inactive members who have not yet retired. If enacted, this <br />amendment could have an effect on your agency's actuarial <br />valuation and employer contribution rates in future years.] <br />