190975

The City of Portland ordains: 

Section 1.  The Council finds:

1. That the Fire and Police Disability and Retirement Fund (“FPDR”) currently provides Occupational Disability benefits to eligible members of the Bureau of Fire and Rescue.
    
2. That by Ordinance No. 183128 in 2009, Chapter 5 of the Charter of the City of Portland (“Charter”), was amended to implement House Bill 2420 (2009) which required that FPDR apply the provisions of Oregon Revised Statutes (ORS) 656.802 when processing claims for firefighters covered under the Charter and extend to eligible firefighters the cancer presumptions provided under Oregon Workers’ Compensation Law.  
    
3. That Enrolled House Bill 4113 of the 81st Oregon Legislative Session – 2022 Regular Session amended provisions of ORS 656.802 by expanding the types of cancers listed in ORS 656.802(5)(A) to include bladder cancer or gynecologic cancer of the uterus, fallopian tubes, ovaries, cervix, vagina, or vulva.
    
4. That pursuant to Portland City Charter Section 5-403(a), the Council may provide by ordinance for additional benefits to be paid from FPDR if the City of Portland is required by law to extend to members such additional benefits.

NOW, THEREFORE, the Council directs:

1. That Chapter 5 of the Charter be amended to include the expanded list of cancers as listed in ORS 656.802(5)(a)(A).
    
2. That the provisions in Exhibit A attached hereto be made part of Chapter 5 of the Charter of the City of Portland effective January 1, 2023, and that the Board of Trustees has authority to prescribe rules and regulations for its administration.
    
3. This ordinance is considered Binding City Policy.