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A. General. The terms of the existing contracts between the City and the <br />California Public Employees' Retirement System (CaIPERS) governing the City <br />retirement benefits for eligible affected management employees are incorporated by <br />reference herein. The City shall continue to make contributions to CaIPERS in <br />accordance with its contracts with CaIPERS for eligible affected employees covered by <br />said contract as amended. <br />B. Deferred Retirement. The City will continue to make payment to <br />CaIPERS on behalf of each eligible affected employee in an amount required to pay one <br />hundred percent (100%) of the employee's individual retirement contribution which is <br />equal to eight percent (8%) for CaIPERS miscellaneous members and equal to nine <br />percent (9%) for CaIPERS safety members. Such payments shall be credited to the <br />individual employee's PERS account. <br />Such payments are not increases in base salary and no salary rate <br />range applicable to any of the employees covered by this Resolution shall be changed <br />or deemed to have been changed by reason thereof. As a result, the City will not treat <br />these payments as ordinary income and thus will not withhold federal or state income <br />tax from said payments. The City previously received a ruling from the Internal <br />Revenue Service confirming that such payments are deferred compensation and not <br />ordinary income. In the event that the City receives a new ruling from the Internal <br />Revenue Service that such payments are ordinary income of the employees instead of <br />deferred compensation, the City's obligation to make such payments shall discontinue <br />and in place thereof the base salary of each said employee shall forthwith be increased <br />by eight percent (8%) for CaIPERS miscellaneous members and nine percent (9%) for <br />CaIPERS safety members. <br />For the purpose of reporting an employee's compensation to <br />CaIPERS, the City shall include these payments as if they were a part of the employee's <br />base salary. <br />C. 3% at 50 Service Retirement Benefit for CaIPERS Safety Members. <br />The City agreed to amend its contract with CaIPERS to provide safety members, <br />unrepresented Executive Management employees with the 3% at 50 Service <br />Retirement Benefit effective July 1, 2001. <br />D. 2.7% at 55 Service Retirement Benefit for CaIPERS Miscellaneous <br />Members. The City agreed to amend its contract with CaIPERS to provide <br />miscellaneous members, unrepresented Executive Management employees with the <br />2.7% at 55 Service Retirement Benefit effective January 1, 2009. <br />E. Employee Contribution for Retirement Benefit. <br />1. Effective January 1, 2012, CaIPERS safety members, <br />unrepresented Executive Management employees shall pay nine percent (9%) of the <br />employer contribution to CaIPERS for their retirement benefits as cost sharing pursuant <br />55A-5