NON SERVICE-CONNECTED DISABILITY BENEFITS PLAN 1
Administrative Rule Adopted by FPD&R Board Pursuant to Rule-Making Authority
5.12.01 – DEFINITIONS
“Attending Physician.” The term “Attending Physician” means:
(A) A medical doctor or doctor of osteopathy licensed under ORS 677.100 to 677.228 by the Board of Medical Examiners for the State of Oregon or a similarly licensed doctor in any country or in any state, territory or possession of the United States, or
(B) For a period of thirty (30) days from the first visit on the initial Claim or for twelve (12) visits, whichever first occurs, a doctor or physician licensed by the State Board of Chiropractic Examiners for the State of Oregon or a similarly licensed doctor or physician in any country or in any state, territory or possession of the United States.
“Claim.” The term “Claim” means a written request to FPDR for a retirement, disability or death benefit and may be filed by an Active Member, their representative or legal beneficiary, surviving spouse or other legal representative of a deceased Member. This term may be used synonymously with the term “application.”
“Compulsory Retirement Age” The term “Compulsory Retirement Age” means any Member who has reached their sixty-fourth (64th) birthday anniversary shall be retired by the Board.
“Director.” The term “Director” where used in these Administrative Rules shall mean the Fund Director and/or Fund Administrator or their designee.
5.12.02 – DISABILTY BENEFITS GENERALLY
(A) Payment of Disability Benefits: Disability benefits will be paid to a Member pursuant to Section 5-116 and only during such time as the Member is incapacitated from performing their required duties on account of injury or sickness not service connected. Disability benefits shall cease when the Member is capable of performing the duties required of them by the Bureau of Police or the Bureau of Fire and Rescue.
(B) Cessation of Benefits: A disabled Member who is receiving nonservice-connected benefits pursuant to Article 5 of the Plan at the time they attain Compulsory Retirement Age shall only be eligible to receive disability benefits up to the date they attain Compulsory Retirement Age, at which time the disabled Member shall be entitled to receive only a retirement benefit.
(C) If a Member reaches Compulsory Retirement Age while receiving nonservice-connected disability benefits under this Section, such benefits shall cease forthwith, and the Member shall be retired by the Board and shall receive their maximum earned pension. All applications for benefits under this Section shall be duly verified and accompanied by a certificate from a legally licensed physician setting forth the cause or basis of the disability claimed.
5.12.03 – APPLICATION FOR BENEFITS
(A) No disability benefits shall be paid to a Member unless the Member files with the Director a complete and timely application requesting such benefits.
(B) Applications shall be made on forms prescribed by the Director. The Director may require the Member to provide any information that it deems necessary to carry out its duties.
(C) Application for disability benefits may be made by the Member or the Member's authorized representative. A representative shall submit to the Director written proof of the representative's authority.
(D) Applications for disability benefits must be submitted to the Director no later than thirty (30) days after the Member is injured or experiences an illness unless the Member establishes that they had good cause for failing to do so. Failure to file an application within the time specified bars a claim for disability benefits.
(E) By making application for disability benefits, each applicant thereby authorizes the Director to request and obtain from any physician, health practitioner, hospital, clinic, pharmacy, employer, employment agency, government agency, institution or any other person or organization, any information within any of their records or knowledge regarding the applicant's health. The applicant thereby also authorizes all such physicians, practitioners, hospitals, clinics, pharmacies, employers, employment agencies, governmental agencies, institutions, persons, and organizations to furnish such medical, health, employment and income information to the Director upon request. The applicant recognizes that the information disclosed may contain information that is protected by federal and state law, and by filing an application for disability benefits, specifically consents to the disclosure of such information. All applications for disability benefits shall contain a form to be signed by the applicant authorizing the release of the foregoing information to the Director or its authorized representatives.
(F) All applications for nonservice-connected disability benefits shall contain a report of the Member’s Attending Physician.
(G) Although information comes from many sources, claim assessment is frequently based in part on information provided by the Fire and Police Bureaus. If the bureau designates a process for requesting documents, then Fund staff will comply with that process. With the exception of attorney-client privileged documents, all information gathered and made part of the Claim file will be accessible to the Member upon the Member’s request. If a bureau deems some records as privileged, it is that bureau’s responsibility to identify what information is privileged and withhold the information.
5.12.04 – ELIGIBILITY AND AMOUNT OF BENEFITS
Any Active Member with at least one (1) year of active service who becomes incapacitated from performing their required duties on account of injury or sickness not service connected, and who at the time of said disability was either a recipient of disability benefits under Section 5-115 or was contributing to the Fund from their current salary in accordance with the provisions of Article 5 of the Plan, shall, upon the cessation of their sick leave benefits for such cause and upon cessation of their current salary other than vacation pay, be entitled to benefits equal to their maximum earned pension, but in no event less than twenty percent of the then current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be, until they recover, or if they have not recovered, until they reache Compulsory Retirement Age. The Board, or designee, shall determine whether the applicant for benefits meets the requirements herein set forth.
5.12.05 – RECIPIENTS OF DISABILITY BENEFITS
(A) Certificate of Continued Disability:
(1) Any Member receiving disability benefits under the Plan shall file with the Director a physician's certificate of continued disability for each pay period, unless otherwise waived by the Director.
(2) All Members drawing disability benefits shall be examined at least once during each twelve (12) month period by the Member’s identified Attending Physician or an Attending Physician appointed by the Director, unless otherwise determined by the Director.
(B) Outside Employment Conditions:
While a FPDR One Member receives disability benefits under Article 5 of the Plan such Member shall not enter the employ of any person, firm, company or corporation, or be self-employed, or follow any other calling or vocation, or be employed in any other business, without having on file in the office of the Director a "Request to Engage in Outside Employment," which has been approved by the Director. The "Request to Engage in Outside Employment" shall contain the following information:
(1) name and address of Member;
(2) the proposed type of work, employment, business calling or vocation;
(3) name and address of the place where the proposed employment will be done;
(4) the hours of work and the time that would be required of the disabled Member in such proposed work, employment, business, calling or vocation;
(5) the nature of duties contemplated or involved in such proposed work, employment, business, calling or vocation; and
(6) such other information which the Member feels is pertinent to their request.
Any such "Request to Engage in Outside Employment" must be accompanied by a statement from the Member's Attending Physician, obtained at the Member's sole expense, to the effect that the proposed type of work, employment, business, calling or vocation and the working conditions relative thereto will not tend to hinder, delay or prevent recovery of the Member from the disability for which they are receiving benefits from the Fund and their return to duty. The Director may request and the Member shall supply at their sole expense any additional information or supporting data which the Director deems appropriate.
Failure of a Member to comply with this rule will be cause for termination or suspension by the Board of Trustees, or designee, of the right of the Member to receive benefits from the Fund.
5.12.06 – AUTHORIZED HEALTH CARE PROVIDERS
(A) All Members drawing disability benefits, of whatever nature shall identify an Attending Physician, as defined by these Administrative Rules and who will be responsible for directing the Member’s medical care
(B) Disability authorization is limited to the Member’s Attending or Specialty Physician. Authorization from an inpatient or outpatient hospital physician (emergency room physician or hospitalist) will be considered on a case-by-case basis.
5.12.07 – CLAIM APPROVAL OR DENIAL
(A) No Member shall receive nonservice-connected disability benefits for disabilities resulting from the following:
(1) willful injuries;
(2) injuries sustained while, or illness contracted as a result of, willfully doing an unlawful act; or
(3) weakness, illness or disability resulting directly or indirectly from the habitual excessive use of or addiction to use of alcoholic beverages or illegal drugs.
(B) The Director shall provide written notification of Claim approval or Claim denial to the Member or the Member’s representative, and the Member’s attending physician within sixty (60) days of the Director’s receipt of a written application for benefits. This applies to the initial Claim for
benefits and subsequent Claims for recurrence or aggravation benefits.
(1) Notice of Approval: A Notice of Approval shall be addressed to the Member and include the mailing date of the notice, and the statement that the injury/illness occurring on the particular date has been approved.
(2) Notice of Denial: A Notice of Denial shall be addressed to the Member, include the mailing date of the notice and be sent via certified mail. The notice also shall include the factual and legal reasons for the denial, and a statement on the Member’s right to appeal the denial to an independent hearings officer for review.
(C) If sufficient information is not available within sixty (60) days of the Director’s receipt of a written application for benefits. FPDR will provide a written notice to the Member on the status of the review. If a Notice of Approval or Notice of Denial issues more than ninety (90) days from of the Director’s receipt of a written application for benefits, then the Claim will be deemed denied and the Member may file a written request for hearing with the Director.
5.12.08 – INDEPENDENT MEDICAL EXAMINATIONS
(A) If requested by the Director, any Member eligible to receive benefits under this program is required to undergo a medical examination by one or more licensed physician or psychologist. Should the Member fail to submit to the examination, or obstructs the same, the Member’s rights to benefits may be suspended or reduced by the Director until the exam has taken place.
(B) FPDR will mail a written notice to the Member by certified and regular mail at least fourteen (14) calendar days prior to the IME appointment date. If the Member has an attorney, the Member’s attorney shall be simultaneously notified in writing of a scheduled medical examination under these Administrative Rules.
FPDR may provide fewer than fourteen (14) days notice if the Member agrees. The Member’s notification of the medical examination shall include the following information:
(1) the name of the examiner or facility;
(2) a statement of the specific purpose for the examination and identification of the medical specialties of the examiners;
(3) the date, time and place of the examination; and
(4) the first and last name of the Member’s Attending Physician and verification that the Member’s Attending Physician was informed of the examination.
(C) When necessary, the following expenses associated with the Member’s attending the medical examination will be considered by the Director:
(1) reimbursement of reasonable cost of public transportation or use of a private vehicle; and
(2) reimbursement of reasonable cost of child care, meals, lodging and other related services.
(D) Requests for reimbursement must be accompanied by a sales slip, receipt or other evidence necessary to support the request. Should an advance of these costs be necessary for attendance, a request for advancement must be made in sufficient time to ensure a timely review and consideration prior to the date of the examination. Mileage reimbursement will be based on City of Portland rates in effect at the time of incurred expense.
5.12.09 – PROOF OF RESIDENCY
Pursuant to Resolution No. 422, October 23, 2007, the Board of Trustees has waived the State of Oregon residency requirement that is defined in Section 5-126 (10) of Article 5 of the Plan.
5.12.10 – RECOVERY OF OVERPAYMENTS
The Director shall recover overpayments of disability benefits paid to the Member. Recovery may be made by offsetting an amount of any future payment until the overpayment is recovered in full.
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, Resolution No. 423 on November 27, 2007, Resolution No. 441 on May 26, 2009, Resolution No. 456 on June 28, 2011, and Resolution No. 491 on September 23, 2014.