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FPD-5.24 - FPDR Plan - Reversion of Alternate Payee Benefits to Members

FPDR PLAN - REVERSION OF ALTERNATE PAYEE BENEFITS TO MEMBERS

Binding City Policy

BCP-FPD-5.24


PURPOSE

Section 1. The City Council finds:

1. That the Fire and Police Disability, Retirement and Death Benefit Plan (Plan), which is codified as Chapter 5 of the Charter, provides pension benefits to sworn employees of the Portland Police Bureau and Portland Fire and Rescue hired before January 1, 2007.

2. That Section 5-403(a) of the Plan permits the City Council to amend the Plan by ordinance to the extent necessary to extend to Members (as that term is defined in the Plan) additional benefits not included in the Plan if required by law to do so and to have such additional benefits paid from the Fire and Police Disability and Retirement Fund (Fund).

3. That the additional benefits provided in Exhibit “A” add to the Plan provisions concerning alternate payees in accordance with ORS 237.600, Payment to alternate payee; provisions of judgment, order or settlement; administrative expenses, and ORS 237.620, Membership of police officers and firefighters in Public Employees Retirement System, of the Oregon Revised Statutes.

4. That the additional benefits provided in Exhibit “A” are also intended to bring the Plan into compliance with applicable, legally binding requirements of arbitrators’ opinions and awards regarding reversionary interests to Members upon the death of Alternate Payees (as that term is defined in Exhibit “A”) in certain instances. The arbitrators’ opinions and awards are the result of grievances previously filed by the Portland Fire Fighters Association, Portland Police Association and Portland Police Commanding Officers Association.


POLICY

NOW, THEREFORE, the Council directs:

A. The Fire and Police Disability, Retirement and Death Benefit Plan hereby is amended as described in the document attached hereto as Exhibit “A”.

B. The additional benefits described in Exhibit “A” shall be paid from the Fire and Police Disability and Retirement Fund.

C. This ordinance is binding City policy.

Section 2. The City Council declares that an emergency exists in order that the amendments described in Section 1 hereof may be implemented without undue delay; therefore, this ordinance shall be in full force and effect from and after its passage by the City Council.

Link to Exhibit A  (PDF Document, 32 kb)


HISTORY

Renumbered by Auditor's Office from BCP-BHR-15.04 to BCP-FPD-5.24 August 26, 2016.

Emergency Ordinance No. 187905, passed by City Council and effective July 20, 2016.