AgdaPkt 2011-08-22 - Laserfiche WebLink

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��:�� uu �� I ��i�i� "E�H1�1T C�f��L`� 6.4.A. - Page 7 2. Public Agency shall participate in the Public Emp[oyees' Retirement System from and after Ju1y 1, 1941 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply on{y on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions th�reof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and holt! harmless the California Public Employees' Retirement System (CaIPERS) and its truste�s, agents and employees, the CaIPERS Board of Administration, and the Califomia Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attomeys fees that may arise as a result o# ar�y of the following: (a) Public Agency's elec#ion to provide retirement benefits, provisions or formulas under this Contract #F�at are different than the retirement benefits� provisions or #onnulas provided under the Public Agency's prior non-CaIPERS retireme�t pragram. (bj Public Agency's election #o amend this Cantract to provide retirement bene�ts, pro�isions or formulas that are different than exis#ing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a t[�ird party other than CaIPERS #o provide retirement benefits, provisiQns, or formulas #hat are differ�nt than the retirement benefits, pro�isions or formulas provided under th�s Contract ar�d provided for under the California Pub�ic Employees' Retirement Law. (d} Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 �f #he United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365� of Ti#le 11, of the U�ited States Bankruptcy Code or any similar pro�ision of law. (e) P�blic Agency's election #o assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (fl The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Pu61ic Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, pro�isions or formulas made as a result of amendments, additions or deletions to Califomia statute or to the California Constitution.