(a) Effective Date. Chapter 5 shall be amended and restated as set forth herein, effective January 1, 2013. These amended provisions shall apply after the effective date.
(b) FPDR One Benefits. The benefit rights of Members, Surviving Spouses and Dependent Minor Children actively receiving pensions or benefits on January 1, 1990 shall be controlled by Sections 5‑113 through 5‑123 and 5‑126, set out in Article 5 of this Chapter, and by the Supplementary Retirement Program described in Subsection (d), instead of by Article 3, except as follows:
1. Death benefits payable to a spouse shall continue to be paid regardless of whether the spouse remarries.
2. The Surviving Spouse of a Member who dies after June 30, 1990 and after retirement and who has been married to the Member continuously for the 12‑month period prior to death shall receive the death benefit provided by Section 5‑118 regardless of not having 5 continuous years of marriage before retirement.
3. The Surviving Spouse of a Member who had a nonservice‑connected disability, retired and then dies after June 30, 1990 shall receive the death benefit provided by Section 5‑118 if the Member had 10 or more Years of Service.
4. The Board may permit a Member receiving disability benefits on January 1, 1990 to make the election described in Subsection (c) at the same time as other Members if the Member's disability is expected to be of less than one year in duration.
5. A Member receiving disability benefits on January 1, 1990 who was not permitted an election under Paragraph 4, who subsequently returns to service as an Active Member in the Bureau of Fire or Police capable of performing full duty without limitation and who earns two more Years of Service under Subsection 5‑302(a) shall be given the opportunity, upon completing such two Years of Service, to make the election described in Subsection (c). Upon making such election, the Member shall receive a refund of the Member contributions paid during such two Years of Service.
(c) Election. The provisions of Article 3 shall apply to persons who became Members before the date of enactment and who are not described in Subsection (b) only if such Members made an irrevocable election to have them apply. The election shall be made on forms and under procedures established by the Board. Benefits for a Member who made the election, and for the Surviving Spouse and Dependent Minor Children of such a Member, shall be determined under Article 3 and not Article 5. Benefits for a Member who did not make the election, and for the Surviving Spouse and Dependent Minor Children of such a Member, shall be determined under Article 5, as modified by Subsection (b), and by the Supplementary Retirement Program described in Subsection (d), and not under Article 3. A Member who retired between January 1, 1990 and June 30, 1990 chose at retirement the level of death benefit after retirement under Section 5‑310, which applied starting July 1, 1990 unless the Member did not make the election described in this Subsection. A Member who made the election and started receiving retirement or disability benefits between January 1, 1990 and June 30, 1990 shall receive benefits determined under Article 3 effective July 1, 1990.
(d) Supplementary Retirement Program. The benefits provided by the Supplementary Retirement Program created by Ordinance No. 136977, and amended by Ordinance No. 152182, of the City ofPortlandshall be paid from the Fund pursuant to this Chapter effective July 1, 1990 to:
1. FPDR One Members;
2. Members described in Subsection (c) who did not make the election provided therein, and the Surviving Spouses and Dependent Minor Children of such Members.
(e) Continuity of Rules and Regulations. The rules and regulations adopted prior to January 1, 2007 shall remain in effect until changed by the Board.
(f) Notwithstanding any other provision of law or this Chapter, Chapter 5 shall be amended and restated as set forth herein, effective January 1, 2007, and said amendments shall apply to all matters existing or arising on or after January 1, 2007, regardless of the date of injury or the date the matter is presented. This amendment is intended to be fully retroactive so as to apply to all Members whenever sworn, except that the amendments shall not apply to any matter which has received Board approval on or before the date these amendments are approved by the voters and shall not be applied or operate in such a manner as to reduce FPDR One or FPDR Two benefits provided.