Administrative Rule Adopted by FPD&R Board Pursuant to Rule-Making Authority
5.3.01 – DEFINITIONS
For purposes of the various sections of the Administrative Rules, capitalized terms shall have the meanings described in the Definitions of each section. Capitalized terms not otherwise defined shall have the meanings prescribed under Chapter 5 of the City Charter.
“Active Member.” The term "Active Member" means a Member who is actively employed as a Member in the Bureau of Police or Bureau of Fire and Rescue and does not include a Member receiving disability or retirement benefits under Chapter 5.
“Alternate Payee.” The term “Alternate Payee” means a spouse, former spouse or dependent minor child of a Member.
"Board." The term "Board" or "Board of Trustees" shall mean the Board of Trustees of the Fire and Police Disability and Retirement Fund.
“Dependent Minor Child.” The term “Dependent Minor Child” means a child, natural or adopted, of a FPDR Two or FPDR Three Member who is substantially supported by the FPDR Two or FPDR Three Member, the FPDR Two or FPDR Three Member’s Surviving Spouse or the FPDR Two or FPDR Three Member’s estate and is under 18 years of age and unmarried.
“Director.” The term “Director” where used in these Administrative Rules shall mean the Fund Director and/or Fund Administrator or their designee.
”FPDR One.” The term “FPDR One” shall refer to Members who are sworn employees of the Bureau of Fire and Rescue, and Bureau of Police and who receive benefits under Article 5 of Chapter 5 of the Charter of the City of Portland, Oregon.
“FPDR Two.” The term “FPDR Two” shall refer to Members who are sworn employees of the Bureau of Fire and Rescue, and Bureau of Police who are not FPDR One Members and were sworn before January 1, 2007 and who receive benefits under Article 3 of Chapter 5 of the Charter of the City of Portland, Oregon.
“FPDR Three.” The term “FPDR Three” shall refer to Members who are sworn employees of the Bureau of Fire and Rescue, and Bureau of Police first sworn on or after January 1, 2007 and who receive retirement benefits under the Public Employees Retirement System of the State of Oregon and disability benefits under Article 3 of Chapter 5 of the Charter of the City of Portland, Oregon.
"Fund." The term "Fund" shall mean the Fire and Police Disability and Retirement Fund established under Section 5-101 of the Plan.
"Medically Stationary." The term "Medically Stationary" means that no further material improvement can reasonably be expected from medical treatment or the passage of time.
"Member." The term "Member" means
(A) Those sworn permanent employees of the Bureau of Fire and Rescue having the job classifications of Fire Fighter, Fire Fighter Specialist, Fire Fighter Communications, Fire Lieutenant, Fire Training Officer, Staff Fire Lieutenant, Fire Captain, Fire Training Captain, Fire Battalion Chief, Deputy Fire Chief, Division Fire Chief, City Fire Chief, Fire Inspector I, Fire Inspector II, Fire Inspector I Specialist, Staff Fire Captain, Fire Lieutenant Communications, Harbor Pilot, Assistant Fire Marshal, Assistant Public Education Officer and EMS Coordinator;
(B) Those permanent sworn employees of the Bureau of Police having the job classifications of Police Officer, Police Sergeant, Police Detective, Criminalist, Police Lieutenant, Police Captain, Police Commander, Deputy Police Chief, Assistant Police Chief, and Police Chief.
(C) Persons first sworn on or after January 1, 2013 shall be a Member of this plan, and eligible for benefits under these Administrative Rules, upon completion of six (6) consecutive months of employment as a permanently appointed sworn employee in the Bureau of Fire or Police.
Membership shall continue until the Member's employment with the Bureau of Fire and Rescue or Bureau of Police terminates for any reason, other than retirement pursuant to Section 5-304 of the Plan or disability under Section 5-306 or 5-307 of the Plan.
(A) Persons other than FPDR Three Members who are currently employed by the Bureau of Fire and Rescue or the Bureau of Police who participate in the Public Employees Retirement System of the State of Oregon, or will so participate after a waiting period, shall not be Members.
(B) The chief of the Bureau of Police or the Bureau of Fire and Rescue shall be a Member unless the terms of employment of such chief provide otherwise.
An Active Member (except those Members covered under Article 5 of the Plan) whose employment is terminated after completing five Years of Service shall be ineligible for any Plan benefits after such termination except the vested termination benefits described in Section 5-305 of the Plan. A Member (except those members covered under Article 5 of the Plan) whose employment is terminated after completing one-half Year of Service and before completing five Years of Service shall be ineligible for any Plan benefits after such termination except the unvested termination benefits described in Section 5-305 of the Plan.
A Member who is receiving benefits under Article 5, Prior Benefits, of the Plan or who has voluntarily elected to be covered under Article 5 of the Plan shall be ineligible to receive benefits under Article 3 of the Plan. Notwithstanding the preceding sentence, a Member who was receiving disability benefits on January 1, 1990 but subsequently returns to full duty, without limitation, and earns two more Years of Service may irrevocably elect to be covered under Article 3 rather than Article 5. A member who returns to duty, in a regularly budgeted sworn job classification, in the bureau of which they are a member on a full time basis (either 40 hours per week, 42 hours per week or 53 hours per week in the Bureau of Fire and Rescue or 40 hours per week in the Bureau of Police) will be deemed to have returned to full duty without limitation.
"Plan." The term "Plan" shall mean the Fire and Police Disability, Retirement and Death Benefit Plan which appears as Chapter 5 of the Charter of the City of Portland, Oregon.
“Significant Factor.” The term a “Significant Factor” means an important, proximate cause.
"Substantial Gainful Activity." A Member will be considered to be capable of "Substantial Gainful Activity" if they are qualified, physically, and by education and experience, to pursue activities or employment which will produce earnings, profits or remuneration equal to or exceeding one-third of the Member's rate of Base Pay while on disability. In determining whether a Member has sufficient education and experience to pursue other activities or employment, the following factors shall be considered:
(A) Previous employment experience;
(B) Formal and informal education;
(C) Formal and informal training;
(D) Knowledge and general abilities;
(E) Transferable skills;
(F) Residual functional mental and physical abilities.
“Surviving Spouse.” The term “Surviving Spouse” shall mean the person to whom the Member was legally married throughout the twelve-month period preceding death, and from whom the Member was not judicially separated or divorced by interlocutory or final court decree at the time of death. In accordance with Ordinance No. 176258, benefits provided to Fund Members’ surviving spouses are extended on equal terms to gay and lesbian Members same-sex domestic partners. All references in Chapter 5 of the Charter of the City of Portland, and/or in the Administrative Rules to “surviving spouse” shall be understood to apply on equal terms to the same sex domestic partner of the Member.
5.3.02 – MEMBER ABSENCES
All Member absences without pay shall be reported to the Director by the chief of the bureau affected.
5.3.03 – MEMBER HOME ADDRESS NOTIFICATION
All Active Members and all Members receiving disability benefits or a pension shall immediately notify the Director, in writing, of changes in their home address.
5.3.04 – OTHER EMPLOYMENT
FPDR One Members receiving disability benefits under Article 5 of the Plan shall notify the Director if the Member wishes to engage in Other Employment and complete the application process described in Sections 11 and 12 of these Administrative Rules.
5.3.05 – LEGAL OPINIONS
All requests for legal opinions concerning the Plan shall be requested by the Board, or the members thereof, and shall be transmitted to the selected legal advisor through the Director. All opinions issued in response to such requests shall be filed with the Director.
5.3.06 – VITAL STATISTIC RECORDS
All present Active Members and all persons, upon becoming Active Members of either bureau shall immediately file for permanent record with the Director, copies of their birth certificates or delayed birth certificates. In the event that a birth certificate does not exist, the Board may require a signed affidavit or other form of proof of identify. All Members shall also file copies of their marriage certificates and/or divorce, annulment or separation decrees and of their spouses' birth certificates.
Single Members shall, upon their marriage, immediately comply with provisions applying to married Members. Claims against the Fund will not be allowed until certificates necessary to said claim are filed.
5.3.07 – DOMESTIC RELATIONS ORDERS GUIDELINES
Payments to an Alternate Payee will be made from the Fund only if such payments are authorized in accordance with an approved Domestic Relations Order meeting the requirements of ORS 237.600. Such decrees, orders, judgments or agreements shall hereinafter be referred to as Orders
5.3.08 – FORM AND FORMATS
All forms necessary to carry out the provisions of the Plan shall be provided by the Board.
5.3.09 – PUBLIC RECORDS REQUESTS
Public records requests will be presented to the FPDR Director in the form and format pursuant to these Administrative Rules. All requests must be in writing, addressed to the Director, and include the specific information that is allowable under the Oregon Public Records Laws. FPDR reserves the right to charge the requesting party for costs associated with providing this service.
5.3.10 – SUBPOENAS
The Board and/or Director may compel the attendance of witnesses and the production of documents by the issuance of subpoenas. The Board's authority to issue subpoenas is delegated to the Director who may issue subpoenas upon their own motion or upon the application of a claimant. Applications for subpoenas must be in writing and must set forth the name of the witness and the general relevance and reasonable scope of the evidence sought. If the request is for a subpoena duces tecum, it also must specify the particular books, papers, records or documents to be produced.
5.3.11 – SUBROGATION AGAINST THIRD PARTIES
(A) By filing a claim for disability benefits the Member or the beneficiary of a Member agrees to be bound by the subrogation provisions of Chapter 5. If injury, death or medical condition of a Member is due to the negligent, intentional or wrongful action of a third party or product manufactured by a third party, the Member or beneficiary, or legal representative of the Member shall bring a cause of action or other claim against that third party or assign the cause of action or claim to the Fund.
(B) As used in this Chapter 5, “third party” includes any provider of medical care or vocational assistance to the Member and does not include any City employee acting in the course and scope of their employment.
(C) In the event a Member or the beneficiary of a Member collects damages from a third person for injury, death or medical condition inflicted on such Member for which benefits are paid or payable by the Fund, the Member or beneficiary shall pay to the Fund the money so collected or the total amount paid to such Member for any benefits paid or payable by the Fund that are authorized to be recovered by any law or this Chapter. The amount so collected by the injured Member shall be distributed as provided in the Oregon Workers’ Compensation statutes governing similar damage recoveries.
(D) The Fund shall have a lien on any recovery equal to the value of all benefits paid or payable by the Fund, including but not limited to, disability payments, vocational rehabilitation expenses paid on behalf of a Member, and medical expenses for the injury or medical condition. The Fund lien shall include the present value of the Fund’s reasonably expected future benefit payments.
(E) No compromise or settlement of a cause of action or claim described in Charter section 5‑202(i) by a Member or the beneficiary of a Member shall be valid without the approval of the Fund Administrator. In the event the Member, beneficiary or third party fails to obtain the approval of the Fund Administrator for the compromise or settlement, the Fund Administrator retains the right to pursue any causes of action against the third party.
(F) The Fund Administrator shall have the right to offset disability payments in the amount that is the lesser of the Fund’s unsatisfied lien or the amount recovered by the Member or beneficiary of the Member from the third party.
(G) The Fund Administrator shall have the authority to suspend, offset or reduce benefits if a Member or the beneficiary of a Member does not pursue or assign to the Fund the Member’s or beneficiary’s cause of action against a third party who causes the injury, death or medical condition of a Member for which the Fund pays or is obligated to pay benefits, or does not pay a Fund lien on recoveries from such third parties. Benefits so suspended or reduced shall not be payable to the Member or beneficiary at any time unless the Fund lien has been satisfied.
(H) The Board’s right to bring a cause of action against a third party in the name of the Member or Member’s beneficiaries shall be separate and independent of any other cause of action the City or Board may have.
5.3.12 – NON-MILITARY LEAVE OF ABSENCE
All Members granted a non-military leave of absence without pay by the Council of the City of Portland, Oregon, or the Commissioner in Charge of the bureau in which the Member is employed, shall have preserved under the Plan during such leave the following rights:
(A) In the case of FPDR One Members, a right of return of contributions to the Member in case of resignation or discharge in accordance with Section 5-113 of Article 5 of the Plan.
(B) In the case of FPDR Two Members, the right to retire or receive vested or unvested benefits under the applicable provisions of the Plan upon proper application to the Director.
(C) Right of reinstatement to whatever rights the Member had at the commencement of said leave of absence upon return to active duty in the bureau from which said leave of absence was granted.
(D) Right of surviving spouse or dependent minor children of the Member, if any, to the benefits and pensions granted by Section 5-309 of Article 3 of the Plan or Section 5-118 of Article 5 of the Plan, whichever is applicable, in those cases where a Member dies before retirement from a cause not in line of duty.
(E) Right to benefits or pensions for injury, sickness or death occurring during said leave of absence if such disability is directly attributable to a former injury in line of duty or occupational disability for which the Member has received benefits or which the Director may otherwise recognize as pre-existing, provided such injury, sickness or death has not been caused by an aggravation of the pre-existing injury or sickness during said leave of absence.
(F) For purposes of determining service credit, Members working less than full time shall be designated as on leave without pay for any period less than full time. The amount credited for each Year of Service credit shall be a fractional Year of Service based on the actual number of hours worked each year in which the Member worked part-time, as a percentage of full-time hours.
Adopted November 12, 1991.
Effective February 1, 1992.
Revision filed in PPD December 28, 2005.
As Amended by: Resolution No. 287 on August 8, 1995, Resolution No. 288 on September 12, 1995, Resolution No. 298 on October 14, 1997, Resolution No. 320 on December 14, 1999, Resolution No. 323 on April 11, 2000, Resolution No.332 on April 17, 2001, Resolution No. 335 on August 14, 2001, Resolution No. 338 on December 11, 2001, Resolution No. 340 on January 15, 2002, Resolution No. 345 on April 9, 2002, Resolution No. 349 on August 13, 2002, Resolution No. 350 on August 13, 2002, Resolution No. 351 on September 10, 2002, Resolution No. 352 on October 8, 2002, Resolution No. 365 on August 12, 2003, Resolution No. 372 on February 10, 2004, Resolution No. 381 on August 10, 2004, Resolution Nos. 388, 389 and 390 on June 14, 2005, Resolution No. 392 on November 8, 2005, Resolution No. 393 on December 13, 2005, Resolution No. 405 on May 9, 2006, Resolution No. 419 on March 13, 2007, and Resolution No. 423 and Resolution No. 426 on November 27, 2007.
Amended by the Director of the Bureau of Fire and Police Disability and Retirement on March 18, 2010.
As Amended by: Resolution No. 472 on November 27, 2012, Resolution No. 491 on September 23, 2014, Resolution No. 498 on January 27, 2015, and Resolution No. 501 on September 22, 2015.