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<br /> <br /> <br />2. Public Agency shall participate in the Public Employees' Retirement System <br />from and after July 1, 1944, making its employees as hereinafter provided, <br />members of said System subject to all provisions of the Public Employees' <br />Retirement Law except such as apply only on election of a contracting <br />agency and are not provided for herein and to all amendments to said Law <br />hereafter enacted except those, which by express provisions thereof, apply <br />only on the election of a contracting agency. <br /> <br />3. Public Agency agrees to indemnify, defend and hold harmless the California <br />Public Employees’ Retirement System (CalPERS) an d its trustees, agents <br />and employees, the CalPERS Board of Administration, and the California <br />Public Employees’ Retirement Fund from any claims, demands, actions, <br />losses, liabilities, damages, judgments, expenses and costs, including but <br />not limited to interest, penalties and attorney fees that may arise as a result <br />of any of the following: <br /> <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 the <br />Public Agency’s prior non-CalPERS retirement program. <br /> <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 /> <br />(c) Public Agency’s agreement with a third party other than CalPERS <br />to provide retirement benefits, provisions, or formulas that are <br />different than the retirement benefits, provisions or formulas <br />provided under this Contract and provided for under the California <br />Public Employees’ Retirement Law. <br /> <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 are <br />excluded by law or this agreement: <br /> <br /> a. Local Fire Fighters (herein referred to as local safety members); <br /> <br />b. Local Police Officers (herein referred to as local safety members); <br /> <br />c. Employees other than local safety members (herein referred to as <br />local miscellaneous members). <br /> <br />5. In addition to the classes of employees excluded from membership by said <br />Retirement Law, the following classes of employees shall not become <br />members of said Retirement System: