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2. Public Agency shall participate in the Public Employees' Retirement <br />System from and after July 1, 1967, 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 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. Employees other than local safety members (herein referred to as <br />local miscellaneous members). <br />Ordinance 602 Page 4 <br />