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Exhibit A <br />J. Effective July 1, 2009, Miscellaneous employees covered by this <br />Agreement shall contribute 6.39'o toward the 2.790 at 55 retirement <br />benefit. To the extent permitted by CaIPERS and Internal Revenue <br />Service regulations, this 6.39'o contribution shall be implemented through <br />payroll deduction on n pre-tax basis. <br />AMENDED ARTICLE XII (new language in bold) <br />12.1 General. The terms of the existing contract between the City and the California <br />Public Employees' Retirement System (CaIPERS) governing City retirement <br />benefits for affected employees are incorporated by reference herein. <br />Each miscellaneous Part Time Civil Service employee covered by this Agreement <br />shall be a member of the CaIPERS system and shall continue to make payment to <br />CaIPERS in an amount necessary to pay one hundred percent (100%) of his or her <br />individual retirement contribution which is equal to seven percent (7%) of his/her <br />PERSable salary. Such payments shall be credited to the individual employee's <br />CaIPERS account. <br /> - - - <br />- -• <br />- <br />- <br />• - - -~ -, -_ _ . , ..._ _ .. ~ _~....,.. ,., r,,,~ <br />7 7G L°/ ...F +L..~ ~.+ ..~v r• <br />~ <br />~ <br />fin <br />c <br />r~IDC <br />D <br />y~l'fF C ')°/ + FF +' .i L t•i + <br /> ~ ~ ,T <br />~ <br />MI V «1~~7.~ ~r~I~~w.~~` -h•~-~tl-h~ <br /> ° <br /> ° ° <br />° <br /> <br /> ° <br />~ ~ , ' <br />12.2 Deferred Retirement. Effective July 1, 2009, the City shall begin to make <br />payment to CaIPERS on behalf of each affected employee, in nn amount <br />necessary to pay one hundred percent (1009'0) of his or her individual <br />retirement contribution which currently is equal to seven percent (79'0) and will <br />increase to eight percent (89'0), effective January 1, 2009. Such payments <br />shall be credited to the individual employee's CaIPERS account. <br />Such payments are not increases in base salary and no salary rate range <br />applicable to any of the employees covered by this Agreement shall be <br />changed or deemed to have been changed by reason thereof. As a result, the <br />City will not treat these payments as ordinary income and, thus, will not <br />withhold Federal or State income tax from said payments. The City has <br />received an opinion or ruling from the Internal Revenue Service confirming that <br />these payments are deferred compensation, and not ordinary income. In the <br />250-4 <br />