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Ord 2010-004
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Ord 2010-004
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Last modified
4/7/2010 11:40:09 AM
Creation date
4/7/2010 11:39:21 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
4/5/2010
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PERM
Document Relationships
8C Consent 2010 0405
(Superseded)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0405
Agmt 2010 CalPERS
(Approved)
Path:
\City Clerk\City Council\Agreements\2010
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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 amendments <br />to said Law hereafter enacted except those, which by express provisions <br />thereof, apply only on the election of a contracting 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 attorneys fees <br />that 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) Public Agency's election to amend this Contract to provide <br />retirement benefits, provisions or formulas that are different than <br />existing 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 />(d) Public Agency's election to file for bankruptcy under Chapter 9 <br />(commencing with section 901) of Title 11 of the United States <br />Bankruptcy Code and/or Public Agency's election to reject this <br />Contract with the CaIPERS Board of Administration pursuant to <br />section 365, of Title 11, of the United States Bankruptcy Code <br />or any similar provision of law. <br />(e) Public Agency's election to assign this Contract without the prior <br />written consent of the CaIPERS' Board of Administration. <br />
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