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Article 4 Miscellaneous

Section 5-401. Amendment of Chapter.

(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.


Section 5-402. Tax Qualification.
 
The benefits provided by this Chapter are intended to constitute a tax qualified pension plan that satisfies the requirements of Section 401(a) of the Internal Revenue Code of 1986, or any successor provision, as it may be amended from time to time.

Section 5-403. Changes by Council.
 
(a)  Mandated Benefits.  If the City of Portland is required by law to extend to the Members additional benefits not described by this Chapter, the Council may provide for such benefits by ordinance and such additional benefits shall be paid from the Fund.  Such ordinance may include reductions in corresponding benefits described in this Chapter, which shall override inconsistent provisions of this Chapter.
 
(b)  PERS, Social Security and Workers' Compensation.  If the City of Portland is required by law to cover all, or substantially all, of its police officers and fire fighters under one or more of the programs described in Paragraph 1, 2 or 3 below, or if the Council acts voluntarily to do so and such action is ratified by the affirmative vote of a majority of the Active Members, the corresponding benefits provided by this Chapter, as determined by the Council, shall cease to be provided and the City's employer contributions, taxes, benefit payments or other costs of the newly extended program for police officers and fire fighters shall be paid from the Fund.  Such costs shall be requirements levied under Section 5‑103.  The programs are:
1.  The Public Employee Retirement System of the State of Oregon;
 
2.  The federal Social Security system; and
 
3.  The workers' compensation benefits required by statutes of the State of Oregon.
(c)  Tax Qualified Status.  The Council is authorized to change the benefits provided by this Chapter by ordinance to the extent necessary to comply with changes in the requirements for tax qualified status as described in Section 5‑402.
 
(d)  Advice by Board.  The Council shall not take action under this Section without seeking the advice of the Board on the action proposed to be taken.
 

Section 5-404. Exemption from Execution.
All pensions, allowances or benefits due or paid under this Chapter shall be exempt from attachment, execution, garnishment or other process issued out of any court for the payment or satisfaction, in whole, or in part, of any debt, damage, claim, demand or judgment against the beneficiary thereof.  The rights of Members and of their Surviving Spouses and Dependent Minor Children are personal and cannot be assigned or transferred to any other party in any way.

Section 5-405. Waiver of Benefits.
 
A person entitled to benefits under this Chapter may, before the beginning of the fiscal year, file a written notice with the Fund Administrator waiving such benefits or a portion thereof, for the ensuing fiscal year.  Such waiver once filed and accepted by the Fund Administrator shall be irrevocable, except death of such person during the term of the waiver shall automatically terminate the effectiveness of the waiver.  Any benefits, or portion thereof, so waived shall be forever forfeited.

Section 5-406. Invalidity.
 
If any part or section of this Chapter shall be declared invalid or unenforceable for any reason, it shall only void that part or section so declared and the remainder shall remain in full force and effect.