FPD-5.05 - Death Benefits

DEATH BENEFITS

Administrative Rule Adopted by FPD&R Board Pursuant to Rule-Making Authority

ARB-FPD-5.05

5.5.01 – DEFINITIONS

“Alternate Payee.” The term “Alternate Payee” shall mean any spouse, former spouse, legally recognized domestic partner, former legally recognized domestic partner, child or other dependent of a Member who is recognized by a Domestic Relations Order as having a right to receive all or a portion of the death benefits due a Member’s Surviving Spouse.

“Base Pay.” The term “Base Pay” means the base pay of the FPDR Two or FPDR Three Member’s position in the Bureau of Fire or Police, including premium pay but excluding overtime and payments for unused vacation, sick or other leave. When a Member is paid overtime for part of their regular work schedule as required by Fair Labor Standards Act provisions, the straight-time portion of the overtime hours in the Member’s regular work schedule shall be included in Base Pay.

“Conservatorship.” The term “Conservatorship” means the court appointment of a person or entity to manage the interests of an estate, a minor child or incompetent person pursuant to ORS 125.400.

“Dependent Minor Child.” The term “Dependent Minor Child” of a Member shall mean a child, natural (including posthumous) or adopted, of a Member, who is in fact substantially supported by said Member, or such member’s Surviving Spouse or estate, while said child remains under eighteen (18) years of age and unmarried.

“Domestic Relations Order.” A "Domestic Relations Order," or “DRO,” is any judgment, decree or order (including approval of a property settlement agreement) which is made pursuant to a state domestic relations law (including a community property law) and which relates to the payment of marital property rights to an Alternate Payee and which has been entered by a court of competent jurisdiction and has been accepted by the Director. A DRO accepted after June 19, 2015, may require that an Alternate Payee be treated as the Surviving Spouse for FPDR preretirement death benefits if the Alternate Payee is not already in pay status, except that any Dependent Minor Children of the Member who are not supported by the Alternate Payee shall share in the benefit.

“Final Pay.” The term “Final Pay” shall mean the highest Base Pay received by the FPDR Two or FPDR Three Member for any of the three consecutive 365-day or, in a leap year, 366-day periods where the most recent day is the last day for which pay was received in the calendar month preceding the calendar month in which the Member retires, dies, or otherwise terminates employment with the Bureau of Fire or Police. Final Pay for any such period does not include any retroactive payments received by the Member for days preceding such 365-day or 366-day period but does include adjustments to the Base Pay of the Member’s position in the Bureau of Fire or Police that would have been received had the Member’s applicable collective bargaining agreement been in effect during such 365-day or 366-day period.

Final Pay for any FPDR Two or FPDR Three Member who retires, dies or otherwise terminates employment with the Bureau of Fire or Police and has either received FPDR disability benefits or who was employed in a part-time status by the Bureau of Fire or Police during any such 365-day or 366-day period shall be based on the Base Pay for a full-time employee in the Member’s position in the Bureau of Fire or Police at the time of retirement, death or termination from employment.

“PERS.” The Public Employees Retirement System of the State of Oregon.

“Power of Attorney.” The term “Power of Attorney” means an instrument in writing by which the Member or beneficiary appoints another person as their agent with the authority to perform certain specified acts on their behalf.

“Spouse.” The term “Spouse” shall, on and after June 26, 2013, mean an individual to whom a Member is lawfully married under state law, and shall be defined consistent with Rev. Rul. 2013-17 and Notice 2014-19, under which the terms “Spouse”, “husband and wife”, “husband”, and “wife” includes an individual married to another individual of the same sex if the individuals are lawfully married under state law, and the term “marriage” includes such a marriage between individuals of the same sex, provided that the marriage was validly entered into in a state whose laws authorize the marriage of two individuals of the same sex even if the married couple is domiciled in a state that does not recognize the validity of same-sex marriages. 

“Surviving Spouse.” The term “Surviving Spouse” means the individual who, at the time of the Member’s death, was the Spouse of the Member, had been the Member’s Spouse throughout the 12-month period immediately preceding the Member’s death and had not been judicially separated or divorced by interlocutory of final court decree at the time of death, unless otherwise provided in a domestic relations order that is enforceable with respect to the Member’s Plan benefit. A same-sex domestic partner of a Member who filed an affidavit of domestic partner status form in accordance with Ordinance No. 176258 or a registered domestic partnership certificate with FPDR prior to June 26, 2013, is also considered a Surviving Spouse. 

“Years of Service.” The term “Years of Service” of a FPDR Two or FPDR Three Member shall mean the service credit for FPDR Two retirement benefits as defined in Charter Section 5-302 and these Administrative Rules.

5.5.02 – APPLICATIONS AND CLAIMS FOR DEATH AND FUNERAL BENEFITS

(A) All persons presenting claims for death and funeral benefits shall file, for permanent record with the Director, copies of the death certificates of the deceased Members.

(B) All Surviving Spouses or Alternate Payees treated as Surviving Spouses per Domestic Relations Orders presenting claims against the Fund shall file for permanent record, with the Director, copies of their birth certificates and of their marriage certificates unless such are on file with the Director. Claims against the Fund will not be allowed until such certificates are filed.

(C) All persons presenting an application for benefits for Dependent Minor Children shall file for permanent record, with the Director, copies of the birth certificates or records of adoption of all Dependent Minor Child or Children entitled to participate in any benefits of the Fund. Claims against the Fund will not be allowed until such certificates are filed.

(D) All applications for death benefits by Surviving Spouses, Alternate Payees or Dependent Minor Child or Children shall be made within thirty (30) days after the death of Members, unless good cause is shown for the failure to do so. Such benefits shall become effective on the day after the Member’s death.

(E) In the event of a dispute concerning a decision by the FPDR staff with regard to a death benefit under Chapter 5 of the City Charter, the dispute shall be addressed per subsections 5.4.03 and 5.4.08 of these Administrative Rules.

5.5.03 – FPDR ONE MEMBER BENEFITS IN SERVICE-CONNECTED OR OCCUPATIONAL DISABILITY DEATHS

(A) Eligibility: If any Member shall die prior to retirement from an injury suffered in line of duty, or sickness caused by the performance of duty, or as a result of an occupational disability of heart disease, hernia of the abdominal cavity or diaphragm, tuberculosis, or pneumonia (except terminal pneumonia).

(1) Surviving Spouse: The Surviving Spouse shall be entitled to benefits or pension until such Surviving Spouse’s death. A DRO accepted after June 19, 2015, may require that an Alternate Payee be considered the Surviving Spouse if the Alternate Payee is not already in pay status from a division of the Member’s retirement benefit, regardless of whether or not there is a Surviving Spouse.

(2) Dependent Minor Child or Children:

a. If there is a Surviving Spouse, an additional percentage allowance shall be paid to a Surviving Spouse qualified to receive benefits or pension for the benefit of the Dependent Minor Child or Children.

b. If there is no Surviving Spouse, the Dependent Minor Child or Children shall receive the benefits or pension to which a Surviving Spouse without Dependent Minor Child or Children would have been entitled.

c. If there is a Surviving Spouse and Dependent Minor Child or Children who are not the children of the Surviving Spouse, the Surviving Spouse's benefits or pension, as the case may be, plus children's allowances to which the Surviving Spouse might be entitled were all the children of the Surviving Spouse, shall be divided with the Dependent Minor Child or Children, fifty percent to said qualified Surviving Spouse, and fifty percent to the Dependent Minor Child or Children to be divided equally among said children.

d. If an Alternate Payee was designated as the Surviving Spouse in a DRO accepted after June 19, 2015, and there are one or more Dependent Minor Children who are not supported by the Alternate Payee, one-half the benefit and one-half of any children’s allowances to which the Surviving Spouse might be entitled were all the dependent minor children also children of the Surviving Spouse, shall be paid to the Alternate Payee as Surviving Spouse. The other half shall be paid to the Dependent Minor Children who are not supported by the Alternate Payee until the last ceases to be minor and then paid to the Alternate Payee as Surviving Spouse.

e. Any Dependent Minor Child's interest in said benefits or pension plus allowances, if any, shall cease when the child is no longer a Dependent Minor Child as defined herein, and any qualified Surviving Spouse's right to an additional allowance for a Dependent Minor Child shall cease under the same conditions.

(B) Amount of Benefits:

(1) Surviving Spouse:

(a) The Surviving Spouse benefit is payable at the rate of fifty percent of the current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be, until such time as the deceased Member would have had thirty (30) years of active service or would have reached compulsory retirement age, had the member lived, whichever event would have first occurred, at which time said Surviving Spouse shall receive a monthly pension from the Fund. This benefit is nontaxable if the member died from a service-connected injury or illness but is taxable if the member died from an occupational disability.

(b) A Surviving Spouse's pension shall be computed in accordance with the Survivor Annuity Table as set forth below and shall be based on the deceased Member's years of active service at compulsory retirement age, had the member lived, but in no event shall it exceed the maximum pension allowable to a Surviving Spouse. This benefit is generally taxable but is nontaxable if the Member was killed in the line of duty.

(2) The additional allowance where there are both a Surviving Spouse and Dependent Minor Child or children shall be based on the qualified Surviving Spouse's benefit or pension amount and shall be according to the following percentages:

(a) twenty-five percent for one Dependent Minor Child;

(b) fifteen percent for the second Dependent Minor Child; and

(c) ten percent in total for all other Dependent Minor Child or Children over two (2) in number.

In the event the Dependent Minor Child or Children are not in fact substantially supported by the Surviving Spouse, the additional percentage allowance for such Dependent Minor Child or Children shall be paid not to the Surviving Spouse, as provided above, but shall be paid to the Dependent Minor Child or shall be divided equally among the Dependent Minor Child or Children, as the case may be. The additional allowance shall be reduced or shall cease when the child is or the children are no longer Dependent Minor Child or Children.

(3) If more than one Dependent Minor Child are sharing the pension or benefits to which a Surviving Spouse without Dependent Minor Child or Children would have been entitled, the pension or benefit shall be divided equally among them.

(4) All persons deriving benefits from the death of any one member under the provisions of this Section may elect, if the Director after hearing finds it to be financially beneficial to the Fund, to receive collectively a five thousand dollar ($5,000) cash settlement from the Fund in lieu of all further claims to benefits and/or pension. Said cash settlement shall not be paid if the deceased member was at the time of their death or within one year (1) thereafter would have been eligible for a maximum pension or would have reached compulsory retirement age.

(C) Form of Benefit:

(1) The benefit shall be paid monthly.

(2) The benefit shall vary annually and shall be based on the current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be, computed annually at the beginning of the fiscal year.

5.5.04 – FPDR ONE MEMBER NONSERVICE-CONNECTED DEATHS BEFORE RETIREMENT

(A) Eligibility: If a Member has at least one (1) year of active service and dies before retirement from any cause not in the line of duty:

(1) Surviving Spouse: A Surviving Spouse is eligible to receive a benefit until such Surviving Spouse's death. A DRO accepted after June 19, 2015, may require that an Alternate Payee be considered the Surviving Spouse if the Alternate Payee is not already in pay status from a division of the Member’s retirement benefit, regardless of whether or not there is a Surviving Spouse.

(2) Dependent Minor Child or Children:

(a) If there is no Surviving Spouse, the deceased member's surviving Dependent Minor Child or Children, if any, shall have the same rights of a qualifying Surviving Spouse.

(b) If there are both a Surviving Spouse and Dependent Minor Child or Children who are not the children of the Surviving Spouse, one-half of the Surviving Spouse’s pension shall be shared among all the Dependent Minor Child or Children.

(c) If an Alternate Payee was designated as the Surviving Spouse in a DRO accepted after June 19, 2015, and there are one or more Dependent Minor Children who are not supported by the Alternate Payee, one-half the benefit shall be paid to the Alternate Payee as Surviving Spouse. The other half shall be paid to the Dependent Minor Children who are not supported by the Alternate Payee until the last ceases to be minor and then paid to the Alternate Payee as Surviving Spouse.

(d) Any Dependent Minor Child's interest in said pension shall cease when the child is no longer a Dependent Minor Child as defined herein.

(B) Amount of Benefit:

(1) For a Member having at least one (1) year but less than twenty (20) years of active service, the benefit amount shall be either of the following options:

(a) The return of the Member's contributions made to the Fund and previously established pension funds less the amount of nonservice-connected disability benefits paid to the Member from the Fund and any previously established pension funds; or

(b) A cash settlement of fifteen hundred dollars ($1,500) plus an additional one hundred dollars ($100) for every year of the Member's active service up to twenty (20) years.

(2) For a member having twenty (20) years or more of active service, the taxable benefit amount shall be as follows:

(a) The Surviving Spouse shall be entitled, at their option, to either:

(i) A taxable pension benefit to be computed from the "Survivor Annuity Table" set forth in Section 5.5.06 of these Administrative Rules, based upon the maximum earned pension of the deceased Member; or

(ii) An election, if made within one (1) year after the Member's death and if the Board (Director) after hearing so permits, to receive in lieu of further pension payments either a return of the Member's contributions made to the Fund and previously established pension funds, less the amount of nonservice-connected disability benefits paid to the Member from the Fund and any previously established pension funds, or a cash settlement of thirty-five hundred dollars ($3,500).

(b) Dependent Minor Child or Children:

(i) If at the time of said Member's death there is no Surviving Spouse, the deceased Member's surviving Dependent Minor Child or Children, if any, shall be entitled to the same pension to which a qualifying Surviving Spouse of the same age as the Member would have been entitled under the provisions of this section.

(ii) If a Surviving Spouse is receiving a pension under this section and later dies, the surviving Dependent Minor Child or Children shall receive, in lieu of the Surviving Spouse, said Surviving Spouse's pension.

(c) In the event a cash settlement option is available and exercised pursuant to this section, the election to accept it must be by or on behalf of all persons deriving or possibly entitled to derive benefits therefrom.

(C) Form of Benefit:

(1) The benefit in subsections (B)(2)(a)(i), (B)(2)(b)(i) and (B)(2)(b)(ii) shall be paid monthly.

(2) The benefit in subsections (B)(2)(a)(i), (B)(2)(b)(i) and (B)(2)(b)(ii) shall vary annually and shall be based on the current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be, computed annually at the beginning of the fiscal year.

5.5.05 – FPDR ONE MEMBER DEATHS AFTER RETIREMENT

(A) Eligibility: In the case of a Member who retired under Charter Section 5-116 with a non-service disability, the provisions of this section shall apply only to a Member having ten (10) years or more active service.

(1) Surviving Spouse: Other than for a Member who retired prior to July 1, 1947, the Surviving Spouse of said deceased Member shall be eligible to receive benefits until such Surviving Spouse's death. A DRO may assign this benefit to an Alternate Payee if there is a Surviving Spouse who would otherwise be entitled to receive this benefit.

(2) Dependent Minor Child or Children:

(a) If at the time of said retired Member's death there be no Surviving Spouse, the Dependent Minor Child or Children shall receive the Surviving Spouse's pension as set forth below in the "Survivor Annuity Table", computed on the basis of a member and Surviving Spouse of the same age.

(b) If the Surviving Spouse is receiving a pension and later dies and there is a surviving Dependent Minor Child or Children of the Member, the Dependent Minor Child or children shall receive said Surviving Spouse's pension.

(c) Said pension shall be divided equally among the Dependent Minor Children, if there be more than one.

(d) Any Dependent Minor Child's interest in said pension shall cease when the child is no longer a Dependent Minor Child as defined herein.

(B) Amount of Benefit: The benefit is to be computed from the "Survivor Annuity Table," set forth below. In using the table the difference between the member's and Surviving Spouse's ages shall be determined to the closest year. This is a taxable benefit.

(C) Form of Benefit:

(1) The benefit shall be paid monthly.

(2) The benefit shall vary annually and shall be based on the current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be, computed annually at the beginning of the fiscal year.

5.5.06 – FPDR ONE MEMBER SURVIVOR ANNUITY TABLE

5.5.07 – FPDR ONE MEMBER FUNERAL BENEFIT

Upon the death of any active or retired FPDR One Member, the Board (Director) shall pay to the person responsible for the funeral expenses of said deceased Member a sum not exceeding two hundred dollars ($200) to be used for funeral expenses.

5.5.08 - FPDR TWO AND FPDR THREE MEMBER BENEFITS ON SERVICE-CONNECTED OR OCCUPATIONAL DEATH BEFORE RETIREMENT

(A) Eligibility:

(1) Surviving Spouse: A Surviving Spouse of a Member who dies before retirement as a result of an illness or injury that qualifies as service-connected or occupational shall be eligible to receive a death benefit for their life. A DRO accepted after June 19, 2015, may require that an Alternate Payee be considered the Surviving Spouse if the Alternate Payee is not already in pay status from a division of the Member’s retirement benefit, regardless of whether or not there is a Surviving Spouse.

(2) Dependent Minor Child or Children:

(a) A Dependent Minor Child of such a Member shall be eligible to receive the benefit if the Member has no Surviving Spouse. If the Member has more than one Dependent Minor Child, the benefit payable to said children shall be divided equally among them.

(b) If the Member has a Surviving Spouse and one or more Dependent Minor Children who are not the children of the Surviving Spouse, one-half the benefit shall be paid to the Surviving Spouse. The other half shall be paid to the Dependent Minor Children until the last ceases to be minor and then paid to the Surviving Spouse. If the Member has more than one Dependent Minor Child, the benefit payable to said children shall be divided equally among them.

(c) If an Alternate Payee was designated as the Surviving Spouse in a DRO accepted after June 19, 2015, and there are one or more Dependent Minor Children who are not supported by the Alternate Payee, one-half the benefit shall be paid to the Alternate Payee as Surviving Spouse. The other half shall be paid to the Dependent Minor Children who are not supported by the Alternate Payee until the last ceases to be minor and then paid to the Alternate Payee as Surviving Spouse. If the Member has more than one Dependent Minor Child who is not supported by the Alternate Payee, the benefit payable to said children shall be divided equally among them.

(d) Any Dependent Minor Child's interest in said benefit shall cease when the child is no longer a Dependent Minor Child as defined herein.

(B) Amount of Benefit:

(1) The benefit shall be 75 percent of the Member’s rate of Base Pay at death until the earliest date on which the Member would have been eligible for retirement benefits under the Member’s pension plan if the Member had survived and continued in service as an Active Member. This is a nontaxable benefit.

(2) After such date, the benefit shall be 50 percent of the Member’s Final Pay, as adjusted as provided in Section 5-312 of Chapter 5 of the City Charter but including FPDR Three Members. This is a nontaxable benefit except that any additional tax offset benefit payable is taxable unless the Member’s death was in the line of duty.

(C) Form of Benefit:

(1) The benefit shall be paid monthly starting with the month following the Member’s death.

(2) The benefit shall be adjusted after payment commences. The Board shall determine the amount and timing of such adjustments in its discretion, except the percentage rate of change shall not exceed the percentage rate applied to retirement benefits payable to police and fire employees by the Public Employees Retirement System of the State of Oregon (PERS).

(D) Offset: The monthly amount of service-connected or occupational death benefits under Chapter 5 of the City Charter shall be reduced by any monthly death benefit payable made by PERS up to the amount provided in this section. The Director shall reduce any service-connected or occupational death benefit payable under Chapter 5 in the amount determined to be necessary by the Director to meet the limitation imposed by this subsection.

5.5.09 – FPDR TWO AND THREE MEMBER BENEFITS ON NONSERVICE-CONNECTED DEATH BEFORE RETIREMENT

(A) Eligibility:

(1) Surviving Spouse: A Surviving Spouse of a Member who has one or more Years of Service and dies before retirement not as a result of an illness or injury that qualifies as service-connected or occupational death, shall be eligible to receive a death benefit. A DRO accepted after June 19, 2015, may require that an Alternate Payee be considered the Surviving Spouse if the Alternate Payee is not already in pay status from a division of the Member’s retirement benefit, regardless of whether or not there is a Surviving Spouse.

(2) Dependent Minor Child or Children:

(a) A Dependent Minor Child of such a Member shall be eligible to receive the benefit if the Member has no Surviving Spouse or if the spouse is under age 55 years. If the Member has more than one Dependent Minor Child, the benefit payable to the Children shall be divided equally among them.

(b) If the Member has a Surviving Spouse and one or more Dependent Minor Children who are not the children of the Surviving Spouse, one-half the benefit shall be paid to the Surviving Spouse. The other half shall be paid to the Dependent Minor Children until the last ceases to be minor and then paid to the Surviving Spouse. If the Member has more than one Dependent Minor Child, the benefit payable to said children shall be divided equally among them.

(c) If the Member has an Alternate Payee designated as the Surviving Spouse in a DRO accepted after June 19, 2015, and one or more Dependent Minor Children who are not supported by the Alternate Payee, one-half the benefit shall be paid to the Alternate Payee as Surviving Spouse. The other half shall be paid to the Dependent Minor Children who are not supported by the Alternate Payee until the last ceases to be minor and then paid to the Alternate Payee as Surviving Spouse. If the Member has more than one Dependent Minor Child who is not supported by the Alternate Payee, the benefit payable to said children shall be divided equally among them.

(d) Any Dependent Minor Child's interest in said benefit shall cease when the child is no longer a Dependent Minor Child as defined herein.

(B) Exception for Death while on Qualified Military Service: If an FPDR Two or Three Member dies while on qualified military service on or after January 1, 2007, the Member’s Years of Service includes the time the Member spent on qualified military service for the purpose of determining eligibility for the amount and form of the benefit addressed in (C) and (D) below. Years of Service retains its standard definition for the computation of the amount of the benefit in (C).

(C) Amount of Benefit:

(1) Amount of benefit for death before five Years of Service:

(a) The benefit shall be a lump sum equal to the amount of the Member’s contributions as provided in 5-305 (d)(1) of Chapter 5, less any benefit paid to the Member under this Chapter. This is a taxable benefit.

(b) No benefit is payable to the survivors of a FPDR Two Member who had not made contributions to the Fund prior to July 1, 1990.

(c) Survivors of a FPDR Three Member would not be eligible for a lump sum benefit as there would be no situations where said Member would have made contributions to the Fund prior to July 1, 1990.

(2) Amount of benefit for death after five Years of Service:

(a) If the FPDR Two Member had five or more Years of Service, the benefit shall be an annuity equal to 50 percent of the Member’s accrued retirement benefit under Section 5-304 of Chapter 5, based on 2.6 percent of the Member’s Final Pay instead of 2.2 percent. This is a taxable benefit.

(b) If the FPDR Three Member had five or more Years of Service, the benefit shall be an annuity equal to 50 percent of what the Member’s accrued retirement benefit under Section 5-304 of Chapter 5 would have been if the Member had been an FPDR Two Member, based on 2.6 percent of the Member’s Final Pay instead of 2.2 percent. This is a taxable benefit.

(D) Form of Benefit:

(1) Less than five Years of Service: A benefit payable shall be in a lump sum.

(2) More than five Years of Service:

(a) A Surviving Spouse shall be paid the benefit monthly commencing with the month after the Member’s death if the spouse is age 55 or over and otherwise with the month after the spouse attains age 55 and shall continue for the spouse’s life.

(b) A Dependent Minor Child shall be paid commencing with the month after the Member’s death and shall continue until the child ceases to be a minor.

(c) The benefit will be suspended in cases where there is a gap between when the last Dependent Minor Child ceases to be a minor and when the Surviving Spouse attains age 55.

(d) The benefit will resume to the Surviving Spouse beginning the month after the spouse attains age 55, at the level that was payable when the benefit was suspended and with no adjustment in the interim.

(e) The benefit shall be adjusted after payment commences. The Board shall determine the amount and timing of such adjustments in its discretion, except the percentage rate of change shall not exceed the percentage rate applied to retirement benefits payable to police and fire employees by PERS.

(E) Offset: The monthly amount of nonservice-connected death benefits under Chapter 5 of the City Charter shall be reduced by any monthly death benefit payable made by PERS up to the amount provided in this section. The Director shall reduce any nonservice-connected death benefit payable under Chapter 5 in the amount determined to be necessary by the Director to meet the limitation imposed by this subsection.

5.5.10 – FPDR TWO MEMBER BENEFITS ON DEATH AFTER RETIREMENT

(A) Eligibility: Eligibility for death benefits after retirement shall be based on status as a Surviving Spouse or Dependent Minor Child at the date of the FPDR Two Member’s death and without regard to a person’s status at the time of the FPDR Two Member’s retirement.

(1) Surviving Spouse: The Surviving Spouse of a FPDR Two Member who dies after retirement shall be eligible to receive a death benefit. A DRO may assign this benefit to an Alternate Payee if there is a Surviving Spouse who would otherwise be entitled to receive this benefit.

(2) Dependent Minor Child or Children:

(a) The Dependent Minor Child of the FPDR Two Member shall be eligible to receive the benefit if the Member has no Surviving Spouse.

(b) If the Member has a Surviving Spouse and one or more Dependent Minor Children of a former marriage, one-half the benefit shall be paid to the Surviving Spouse. The other half shall be paid to the Dependent Minor Children until the last ceases to be minor and then paid to the Surviving Spouse.

(c) If the Member has more than one Dependent Minor Child, the benefit payable to the Children shall be divided equally among them.

(d) Any Dependent Minor Child's interest in said benefit shall cease when the child is no longer a Dependent Minor Child as defined herein.

(B) Certain Disabled Members: If the FPDR Two Member retired after a nonservice-connected disability and had less than ten (10) Years of Service, including service recognized by PERS for accrual of benefits or as a waiting period before such accrual begins, no death benefit shall be paid.

(C) Amount of Benefits: The FPDR Two Member makes an irrevocable election at the time of retirement to determine the retirement accrual rate and the corresponding level of taxable death benefits as follows:

(1) With a death benefit equal to 100 percent of the FPDR Two Member’s retirement benefit, the FPDR Two Member’s retirement benefit shall be based on 2.2 percent of Final Pay.

(2) With a death benefit equal to 75 percent of the FPDR Two Member’s retirement benefit, the FPDR Two Member’s retirement benefit shall be based on 2.4 percent of Final Pay.

(3) With a death benefit equal to 50 percent of the FPDR Two Member’s retirement benefit, the FPDR Two Member’s retirement benefit shall be based on 2.6 percent of Final Pay.

(4) With a death benefit equal to 25 percent of the FPDR Two Member’s retirement benefit, the FPDR Two Member’s retirement benefit shall be based on 2.8 percent of Final Pay.

(D) No Spouse or Children: If a FPDR Two Member has no Surviving Spouse or Dependent Minor Child at death, no death benefit shall be paid except for the benefit based on return of the FPDR Two Member contributions provided in Section 5-311 of Chapter 5, if any. In no event shall a FPDR Two Member receive a retirement benefit based on more than 2.8 percent of Final Pay regardless of not having a Surviving Spouse or Dependent Child.

(E) Form of Benefit:

(1) The benefit shall be paid monthly commencing with the month after death and shall continue until the later of the death of the Surviving Spouse or the date the last Dependent Minor Child ceases to be a minor.

(2) The benefit shall be adjusted after payment commences. The Board shall determine the amount and timing of such adjustments in its discretion, except the percentage rate of change shall not exceed the percentage rate applied to retirement benefits payable to police and fire employees by PERS.

5.5.11 – FPDR TWO AND THREE MEMBER FUNERAL BENEFIT

(A) A funeral benefit shall be paid on death of any Active Member or Member actively receiving disability or FPDR retirement benefits or FPDR Three Member who retired from City of Portland service. The funeral benefit shall be paid to the Member’s Surviving Spouse or, if there is no Surviving Spouse, to the Member’s estate.

(B) The funeral benefit shall be one-half of the monthly salary including maximum longevity pay at the date of death payable to the civil service classification of fire fighter if the Member was employed in the Bureau of Fire, or of police officer if the Member was employed in the Bureau of Police. If such classifications cease to exist, the benefit shall be based on the salary of comparable successor positions. If the Member was employed by both bureaus, the most recent bureau of employment will determine the funeral benefit.

5.5.12 – MORE THAN ONE STATUS

No person shall receive more than one survivor benefit under Chapter 5 at the same time, despite qualifying under more than one category, or qualifying with respect to more than one Member. A person so qualifying shall receive in any month the greatest of the benefits payable for that month.

HISTORY

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 448 on February 23, 2010, Resolution No. 472 on November 27, 2012, Resolution No. 479 on September 24, 2013, Resolution Nos. 501 and 504 on September 22, 2015, Resolution No. 541 on November 16, 2021, and Resolution 552 No. on March 19, 2024.