EXTENSION OF FIREFIGHTER CANCER PRESUMPTIONS TO ELIGIBLE MEMBERS OF FPDR PLAN
Binding City Policy
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 Enrolled House Bill 2420 of the 75th Oregon Legislative Session - 2009 Regular Session requires tliat FPDR apply the provisions of Oregon Revised Statutes 656.802 (5)(a) - (h) and (6) when processing claims for firefighters covered under Chapter 5 of the Charter of the City of Portland ("Charter"), and creates a new eligibility classification for certain medical benefits after retirement.
3. That ORS 656.802(5)(a) - (h) and (6) provides that FPDR shall presume a firefighter Member who has completed five or more years as a nonvolunteer firefighter is eligible for Occupational Disability benefits under the Fire and Police Disability, Retirement and Death Benefit Plan for the cancers listed in ORS 656.802(5), and first diagnosed by a physician after July 1, 2009, unless there is clear and convincing medical evidence that the condition or impairment of health was not caused or contributed to in material part by the firefighter's employment.
4. That currently, Chapter 5 of the Charter does not provide that death, disability or irnpairment of health caused by the cancers listed in ORS 656.802(5) is presumptively an Occupational Disability.
5. That pursuant to Portland City Charler 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:
a. That the FPDR extend to eligible firefighters the firefighter cancer presumptions as provided under 656.802 (5) and as outlined below, on relevant occupational disability claims of eligible firefighters.
b. That in doing so, FPDR utilize the criteria for firefighter cancer presumption as set forth in ORS 656.802 (5) (a) - (h) and (6) when processing claims for firefighters covered under Chapter 5 the Charter.
c. 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, 2010, and that the Board of Trustees has authority to prescribe rules and regulations for its administration.
d. This ordinance is considered Binding City Policy.
Link to Exhibit A (PDF Document, 141 kb)
Renumbered by Auditor's Office from BCP-BHR-15.03 to BCP-FPD-5.23 August 26, 2016.
Ordinance No. 183128, passed by City Council August 19, 2009 and effective September 18, 2009.