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ARTICLE XIII <br /> 13.0 RETIREMENT <br /> 13,1 General. The terms of the existing contract between the City and the California Public <br /> Employees' Retirement System (CaIPERS) governing the City retirement benefits for <br /> affected employees are incorporated by reference herein. The City shall continue to make <br /> contributions to CaIPERS in accordance with its contract with CaIPERS for affected <br /> employees covered by such contract as amended. <br /> 13.2 Deferred Retirement. The City shall continue to make payment to CaIPERS on behalf of <br /> each affected employee, as defined in Sections 13.3(A) and 13.3(B), in an amount <br /> necessary to pay one hundred percent (100%) of their individual retirement contribution <br /> which is equal to eight percent(8%)of base salary. Such payments shall be credited to the <br /> individual employee's CaIPERS account. <br /> Such payments are not increases in base salary and no salary range applicable to any <br /> employees shall be changed or deemed to have been changed by reason thereof. As a <br /> result, the City shall not treat these payments as ordinary income and, thus shall not <br /> withhold Federal or State income tax from these payments. In the event that the City <br /> receives a ruling from, the Internal Revenue Service that such payments are ordinary <br /> income of the employees instead of deferred compensation, the City's obligation to make <br /> such payments shall discontinue and in place thereof the base salary of each employee shall <br /> forthwith be increased by eight percent(8%). <br /> For the purpose of reporting an employee's compensation to CaIPERS, the City shall <br /> include these payments as if they were a part of the employee's base salary. <br /> 13.3 2.7%at 55 Service Retirement Benefit for Miscellaneous Members. <br /> A. The City agrees to continue to provide Miscellaneous employees who were <br /> appointed to their classification on or before December 31, 2012 with the 2.7% at <br /> 55 Service Retirement benefit. Pursuant to CaIPERS regulations,this formula shall <br /> apply only to the aforementioned employees that are in an active status. This <br /> formula shall apply to each year of eligible service credited with the City of Santa <br /> Ana. <br /> B. The City agrees to provide Miscellaneous employees who are appointed to their <br /> classification on or after January 1, 2013 and are not new members as defined by <br /> the California Public Employees' Pension Reform Act of 2013 (AB340), with the <br /> 2.7% at 55 Service Retirement benefit. Pursuant to CaIPERS, this formula shall <br /> apply only to the aforementioned employees that are in an active status. This <br /> formula shall apply to each year of eligible service credited with the City of Santa <br /> Ana. <br /> CONFIDENTIAL ASSOCIATION OF SANTA ANA{CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028 <br /> Page 46 <br /> 13139922.1 SA370-001 <br />