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Public Agency shall participate in the Public Employees' Retirement <br />System from and after July 1, 19,44 making its employees as hereinafter <br />provid�ed, members of said System subject to all prolvis,ionis of P <br />EmployeesRetirement, 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, whii�ch by express provisions <br />thereof, apply only on the election of a contracting agency, <br />Public Agency agrees to indemnify,, defend and hold harmless the <br />California Public Employees,' Retirement System (CalPERS) and its <br />trustees, agents and employees, the CalPERS Board of Administration, <br />and the Cal�ifornii�a Publ�ic Employees' Retirement Fund from any claims, <br />demands, actions, losses, liabilities, damages, judgments, expenses and <br />costs, including: but not limited to interestpenalties and attorney fees that <br />may arise as a result of any of the following: <br />(a,) Publ�ic Agency's election to provide retirement benefits, <br />provisions or formulas under this Contract that are d�i�fferent than <br />the, retirement benefits, provisions or formulas provided under <br />the Public Agency's prior non-CalPERS retirement prograrn, <br />(b) Any dspute, dsagreement, claim, or proceeding (including <br />without li�miitati�on arbi�tration, administrative hearing, or litigation) <br />between Public, Agency and its empiloyees, (or their <br />representatives) which, relates to Public Agency's election to <br />amend ontract 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 ag�reemient with a third party other th <br />Cail�PERS to provide retirement benefits, provisions, or formiul <br />that are different than the retirement benefits, provisions, <br />I <br />formulas provided under this Contract and provided for und <br />the California Public Employees' Retirement Law. I <br />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 />cEmployees other than local safety members (herein referred to as <br />local miscellaneous memibers),. <br />