PortlandOnline

POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter City Charter Chapter 5 FPDR Article 5 FPDR One Benefits
Article 5 FPDR One Benefits
Table of Contents (Printable Version)

 Section 5-113. Retirement, Resignation, and Discharge.
 Section 5-114. Compulsory Retirement.
 Section 5-115. Benefits for Service Connected Disability or Occupational Disability.
 Section 5-116. Benefits for Nonservice Connected Disability.
 Section 5-117. Benefits and Pensions to Surviving Spouses and Children in Service Connected or Occupational Disability Deaths.
 Section 5-118. Benefits and Pensions to Surviving Spouses and Children on Deaths of FPDR One Members After Retirement or on Non Service Connected Deaths Before Retirement.
 Section 5-119. Pensions for Previously Retired FPDR One Members and Their Surviving Spouses and Children.
 Section 5-120. Variation in Amount of Benefit or Pension Payments.
 Section 5-121. Temporary FPDR One Members.
 Section 5-122. Military Service.
 Section 5-123. Funeral Expenses.
 Section 5-126. Definitions of Terms.


Section 5-113. Retirement, Resignation, and Discharge.

 

The Board of Trustees shall, upon duly verified written application by any member who shall have been an active member for thirty (30) years and who shall have reached the age of fifty (50) years, retire and relieve said member from service and said member shall receive a monthly pension equal to the earned portion of a maximum pension as hereinafter defined, and said pension shall cease upon the member's death except as hereinafter provided.
 
The Board of Trustees shall, upon duly verified written application by any member who shall have been an active member for twenty‑five (25) years and who shall have reached the age of fifty (50) years, retire and relieve said member from service and said member shall be paid a monthly pension equal to the earned portion of a maximum pension as hereinafter defined, and said pension shall cease upon the member's death except as hereinafter provided.
 
The Board of Trustees shall, upon duly verified written application by any member who shall have been an active member for twenty (20) years and who shall have reached the age of fifty‑five (55) years, retire and relieve said member from service, and said member shall be paid monthly a pension equal to the earned portion of a maximum pension as hereinafter defined, and said pension shall cease upon the member's death except as hereinafter provided.
 
The Board of Trustees may upon its own motion and by two‑ thirds (2/3) vote of the entire Board, relieve from service any aged, disabled or infirm member whom it finds unfit for the performance of his or her duty.  The Board may by majority vote require any member to appear, submit to and undergo mental or physical examinations by its physician or such additional physicians or psychiatrists as it may appoint.  In such cases review of determination based upon the findings of the Board's physicians or psychiatrists may be had as provided in Section 5‑107.  The member so relieved shall receive his or her earned portion of the maximum pension as hereinafter set forth.  Said pension shall cease at the member's death, except as hereinafter provided.
 
Any member coming within the provisions of this Article having twenty (20) years or more of active service who is discharged shall be entitled to receive his earned portion of the maximum pension upon reaching that age at which such member would otherwise have been eligible to receive the maximum pension had such member not been so discharged; or the member may elect to receive at the time of discharge a refund of all contributions made by the member, less the amount of non‑ service connected disability benefits paid to the member from the Fund or previously established pension funds.
 
Any member who shall resign after five (5) years of active service shall receive at that time a refund of all his or her contributions made as a regular member during the member's entire service in his or her Bureau, less the amount of non‑service connected disability benefits paid to the member from the Fund or previously established pension funds.
 
Any member who shall be discharged after five (5) years of active service but before completing twenty (20) years of active service, shall receive at that time a refund of all contributions made by him or her, less the amount of non‑ service connected disability benefits paid to such member from the Fund or previously established pension funds.
 

Contributions made by a member while such member was a temporary employee shall not be included in computing contributions made by the member for funds.  Any member who shall resign or be discharged before completing five (5) years of active service shall not be entitled to refunds of any contributions paid.


Section 5-114. Compulsory Retirement.
 
Any member who has reached his or her sixty‑fourth (64th) birthday anniversary shall be retired by the Board forthwith, subject to the provisions of the following Section relating to retirement of members receiving benefits upon service‑connected or occupational disabilities; provided, however, that the Chief Engineer of the Bureau of Fire (Chief of the Bureau of Fire) and the Chief of the Bureau of Police who hold such positions on the effective date of this Act shall not be retired under the provisions of this Section prior to August 1, 1968.  Any member retired under the provisions of this Section having any service less than thirty (30) years, shall be retired at the member's earned portion of the maximum pension.

Section 5-115. Benefits for Service Connected Disability or Occupational Disability.
 
Upon duly verified application of a member and a finding by the Board that through injury suffered in line of duty, or sickness caused by the performance of duty, the member is or has been unable to perform his or her required duties, said member shall be paid service‑connected disability benefits equal to but not in excess of his full salary from the Fund until such member recovers or for a period of one (1) year, whichever period is shorter.  A member accepting service‑connected disability benefits waives any right such member may have against the City of Portland as a result of said disability.  In the event that said member has not recovered at the end of one (1) year, the member shall receive after said first year and until the member recovers, but for a period of not to exceed three (3) additional years, service‑connected disability benefits from the Fund equal to but not in excess of the member's full salary but in no event in excess of the then current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be.  If the service‑connected disability continues after the end of four (4) years, the member shall be paid benefits from the Fund in an amount equal to sixty percent of the then current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be, until the member recovers or if the member does not recover until the member reaches compulsory retirement age.  Upon reaching compulsory retirement age, said member shall be retired by the Board and shall receive his or her maximum earned pension.  In the event a member, disabled from an injury in line of duty or sickness caused by the performance of duty, reaches compulsory retirement age before the expiration of one (1) year from the date of such disability, said member shall be paid benefits equal to the member's full salary from the Fund until the member recovers or for one (1) year from the date of such disability, whichever event first occurs, at which time the member shall be retired at his or her maximum earned pension.  A member receiving service‑connected disability benefits upon reaching compulsory retirement age, shall not receive any payments from the Fund in excess of such member's maximum earned pension except as hereinbefore provided plus such medical and hospital expenses as are authorized in this Article.
 
For the purpose of this Act the disabilities of heart disease, hernia of the abdominal cavity or diaphragm, tuberculosis and pneumonia (except terminal pneumonia) are occupational disabilities and a member so disabled shall not be considered to have suffered injury in line of duty or sickness caused by the performance of duty, but shall be entitled to the same benefits from the Fund as a member injured in line of duty or in the performance of duty until the member recovers or for the period of one (1) year from the date of such disability, whichever period is shorter, at which time the member shall be paid benefits from the Fund in an amount equal to sixty percent of the then current salary of a First Class Fire Fighter or a First Class Police Officer, as the case may be, until the member recovers or if the member has not recovered until he reaches compulsory retirement age, at which time the member shall be retired by the Board and shall receive his or her maximum earned pension.  If such occupational disability occurs within one (1) year prior to the member's compulsory retirement date said member shall be paid benefits from the Fund equal to the member's full salary until he recovers or for a period of one (1) year from the date of said disability, whichever period is the shorter and in the event the member has not recovered from said disability after the expiration of said one (1) year period, said member shall be retired by the Board and shall receive his or her maximum earned pension.  A member in accepting occupational disability benefits waives any right such member may have against the City of Portland as a result of said disability.
 
No member shall be given service‑connected disability benefits or occupational disability benefits if the Board finds that said disability can probably be successfully corrected by competent medical or psychiatric treatment, or both, and said member fails or refuses to be so treated.
 
In the event of recovery of any member from service‑ connected disability or occupational disability prior to retirement, as attested by the member's attending physician, and the concurring approval of the Board's physician, the chief in charge of the respective bureau shall authorize return to work of such member, subject to the subsequent certification by the Board, which shall be retroactive to the time the member returns to work.  Such return to work shall not be subject to other time limitations on such return contained elsewhere in this Charter.  Said member returning to service shall be restored to service in the rank the member occupied at the time of his or her disability and his or her disability benefits shall cease upon restoration to service.
 
In the event a member is unable to perform his or her required duties from a recurrence of a prior service‑connected disability, the period of such recurrence or periods of successive recurrences from the same original sickness or injury shall be added to the period or periods of prior disability for the purpose of computing total disability benefits to which the member is entitled, provided, however, if one (1) year or more lapse from the date of recovery from such original sickness or injury, the subsequent period of such recurrence or periods of successive recurrences of such disability shall be treated as a new disability for the purpose of computing benefits.
 
A member shall not be entitled to benefits from the Fund under the provisions of this Section during any period while such member is not a resident of the State of Oregon unless the Board has specially waived the requirement as permitted in this Article.
 
An additional percentage allowance for Dependent Minor Children shall be paid from the Fund to a member receiving under this section a sum equal to sixty percent of the then current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be, until said member reaches age sixty‑four (64).  This allowance shall be based on the member's benefit amount and shall be according to the following percentages:  Twenty‑five percent for one Dependent Minor Child, fifteen percent for the second Dependent Minor Child, and ten percent in toto for all other Dependent Minor Children over two (2) in number.  The additional allowance shall be reduced or shall cease when the child or children are no longer Dependent Minor Children.
 
Medical and hospital expenses of a member shall be payable from the Fund only in accordance with the following provisions:  All medical and hospital expenses arising from a service‑ connected disability under this Section shall be paid from the Fund until the member's retirement pursuant to any Section of this Chapter; after retirement, if the member was off duty at the time of said member's retirement as the result of a service‑connected disability, such medical and hospital expenses for the same service‑connected disability shall continue to be paid from the Fund until the member's recovery from such disability; all medical and hospital expenses arising from an occupational disability under this Section shall be paid from the Fund until the expiration of one (1) year from the date of such disability or retirement of the member, whichever event occurs first.
 
No member shall be eligible to receive benefits under this section, in lieu of benefits under Section 5‑116, for an occupational disability incurred while receiving benefits under Section 5‑116, unless such occupational disability is incurred within two (2) years after such member had commenced and continued to receive benefits under Section 5‑116, or unless such occupational disability is a recurrence of an occupational disability which became disabling and was compensated for under Section 5‑115.

Section 5-116. Benefits for Nonservice Connected Disability.
 
Any member who is in active service and who has at least one (1) year of active service and who becomes incapacitated from performing his required duties on account of injury or sickness not service connected, and who at the time of said disability was either a recipient of disability benefits under Section 5‑115 of this Article or was contributing to the Fund from his current or her salary in accordance with the provisions of this article, shall, upon the cessation of his or her sick leave benefits for such cause and upon cessation of his or her current salary other than vacation pay, be entitled to benefits equal to his or her maximum earned pension, but in no event less than twenty percent of the then current salary of a First Class Fire Fighter or First Class Police Officer, as the case may be, until he or she recovers, or if he or she has not recovered, until he or she reaches compulsory retirement age.  If a member reaches compulsory retirement age while receiving nonservice ‑connected disability benefits under this Section, such benefits shall cease forthwith, and the member shall be retired by the Board and shall receive his or her maximum earned pension.  All applications for benefits under this Section shall be duly verified and accompanied by a certificate from a legally licensed physician setting forth the cause or basis of the disability claimed.  The Board shall determine whether the applicant for benefits meets the requirements herein set forth.
 
No member shall be given benefits under this Section if the Board finds that said disability can probably be successfully corrected by competent medical or psychiatric treatment or both, and said member fails or refuses to be so treated.  In the event of recovery of any member from nonservice‑connected disability prior to retirement as attested by the member's attending physician and the concurring approval of the Board's physician, the chief in charge of the respective bureau shall authorize return to work of such member subject to subsequent certification by the Board, which certification shall be retroactive to the time the member returns to work.  Such return to duty shall not be subject to other time limitations on such return contained elsewhere in this Charter.  Said member returning to service shall be restored to service in the rank the member occupied at the time of his or her disability.
 
A member shall not be entitled to benefits from the Fund under the provisions of this Section during any period while the member is not a resident of the State of Oregon, unless the Board has specially waived the requirement as permitted in this Article.
 
No member shall receive benefits under this Section as a result of the following:  willful injuries; injuries sustained while willfully doing an unlawful act; or weakness, illness or disability resulting directly or indirectly from immoral practices or the habitual excessive use of or addiction to use of alcoholic beverages or narcotic drugs.

Section 5-117. Benefits and Pensions to Surviving Spouses and Children in Service Connected or Occupational Disability Deaths.
 
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), and shall leave a Surviving Spouse, said Surviving Spouse shall be entitled to benefits or pension as herein provided, while remaining unmarried.  Said benefits shall be paid from the Fund and shall be 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 while unmarried shall receive a monthly pension from the Fund.  A qualified Surviving Spouse's pension shall be computed in accordance with the Survivor Annuity Table as set forth in Section 5‑118 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.
 
An additional percentage allowance for a Dependent Minor Child or children shall be paid from the Fund to a Surviving Spouse qualified to receive benefits or pension under this Section.  This allowance shall be based on the qualified Surviving Spouse's benefit or pension amount and shall be according to the following percentages:  twenty‑five percent for one Dependent Minor Child, fifteen percent for the second Dependent Minor Child, and ten percent in toto for all other Dependent Minor 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 Children, as the case may be.  The additional allowance shall be reduced or shall cease when the child or children are no longer Dependent Minor Children.
 
If there be no Surviving Spouse qualified to receive a Surviving Spouse's benefits or pension, or if the Surviving Spouse becomes disqualified, then the Dependent Minor Child or children of such deceased member shall receive the benefits or pension to which a Surviving Spouse without Dependent Minor Child or children would have been entitled, as heretofore provided in this Section, to be divided equally among them, if there is more than one.  Any Dependent Minor Child's interest in said benefits or pension shall cease when is no longer a Dependent Minor Child.
 
If any member shall die prior to retirement from any causes specified in the first paragraph of this Section, leaving a Dependent Minor Child or children of a former marriage or marriages and a qualified Surviving Spouse, then the qualified 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 of all marriages, fifty percent to said qualified Surviving Spouse, and fifty percent to the Dependent Minor Child or children of all the marriages to be divided equally among said children.  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.
 
A Surviving Spouse is disqualified and the Surviving Spouse's right to any benefits or pension from this Fund is thereafter and forever terminated when the Surviving Spouse remarries.
 
All persons deriving benefits from the death of any one member under the provisions of this Section may elect, if the Board 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 his or her death or within (1) one year thereafter would have been eligible for a maximum pension or would have reached compulsory retirement age.

Section 5-118. Benefits and Pensions to Surviving Spouses and Children on Deaths of FPDR One Members After Retirement or on Non Service Connected Deaths Before Retirement.
 
 
 Deaths of FPDR One Members After Retirement.  Upon the death of any member who retires under the provisions of this Article, other than a member who retired prior to July 1, 1947, the Surviving Spouse of said deceased member until such Surviving Spouse's death or remarriage shall receive a monthly pension to be computed from the "Survivor Annuity Table," set forth below, and in accordance with this Section; provided, however, that as to any member relieved from service by the Board under Section 5‑113 for a nonservice ‑connected disability or retiring under Section 5‑116 of this Act, the provision of this Section shall apply only to a member having twenty (20) years or more active service.  Said table below shows the basis for computing the pension to which the Surviving Spouse shall be entitled.  In using the table the difference between the member's and Surviving Spouse's ages shall be determined to the closest year.  If at the time of said retired member's death, there be no Surviving Spouse, the Dependent Minor Child or children while so remaining shall receive the Surviving Spouse's pension as set forth in the "Survivor Annuity Table" below, computed on the basis of a member and Surviving Spouse of the same age, and said pension shall be divided equally among them, if there be more than one.  If at the time of said retired member's death, the Surviving Spouse fails to qualify for a pension under this section, but the deceased member leaves a surviving Dependent Minor Child or children, the Dependent Minor Child or children while so remaining shall receive a pension as set forth below in the "Survivor Annuity Table" computed as though the Surviving Spouse had qualified as a for a pension.  If the Surviving Spouse qualifies for a pension under this Section and later dies or remarries and there is a surviving Dependent Minor Child or children of the member, the Dependent Minor Child or children while so remaining shall receive said Surviving Spouse's pension and said pension shall be divided equally among them, if there be more than one.

SURVIVOR ANNUITY TABLE
             
Difference Between FPDR One Member's and Surviving Spouse's Age
Surviving Spouse's Pension Shall be determined as Percent of FPDR One Member's Maximum Earned Pension
 
 
FPDR One Member same age or Surviving Spouse Older
56%
"      1  year older
55%
"      2  years  "
54%
"      3    "    "  
53%
"      4    "    "  
52%
"      5    "    "  
51%
"      6    "    "  
50%
"      7    "    "  
49%
"      8    "    "
48%
"      9    "    "
47%
"     10    "    " 
46%
"     11    "    " 
45%
"     12    "    " 
44%
"     13    "    " 
43%
"     14    "    " 
42%
"     15    "    " 
41%
"     16    "    " 
40%
"     17    "    "
39%
"     18    "    " 
38%
"     19    "    " 
37%
"     20    "    " 
36%
 
The Surviving Spouse of any member who retires under the provisions of this Article, shall receive a pension only if the Surviving Spouse was lawfully married to the member for five (5) continuous years immediately prior to the date of the member's retirement and not otherwise.
 
Non‑Service Connected Deaths Before Retirement.  If a member has less than one (1) year of active service and dies before retirement for any cause not in line of duty, the member's Surviving Spouse and/or Dependent Minor Child or children shall have no rights under this Fund.
 
If a member has at least one (1) year but less than twenty (20) years of active service and dies before retirement from any cause not in line of duty, the member's Surviving Spouse, if said Surviving Spouse has been married to the member for at least one (1) year, shall be entitled to an option to either:  (1) 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 (2) 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.  If at the time of said member's death, there be no Surviving Spouse who has been married to the member for at least one (1) year, the deceased member's surviving Dependent Minor Child or children, if any, shall have the same rights of a qualifying Surviving Spouse as set forth above in this paragraph.
 
If a member has twenty (20) years or more of active service and dies before retirement from any cause not in line of duty, the member's Surviving Spouse, if said Surviving Spouse has been married to the member for at least one (1) year, shall be entitled to a pension to be computed from the "Survivor Annuity Table" set forth above, based upon the maximum earned pension of the deceased member; or said Surviving Spouse may elect at his or her option within one (1) year after the member's death, if the Board, after hearing so permits, to receive in lieu of further pension payments either:  (1) 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 (2) a cash settlement of thirty five hundred dollars ($3,500).  If at the time of said member's death there be no Surviving Spouse who has been married to the member for at least one (1) year, the deceased member's surviving Dependent Minor Child or children, if any, while so remaining 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 paragraph.  If a Surviving Spouse qualifies for and is receiving a pension under this paragraph and later dies or remarries, the surviving Dependent Minor Child or children of the deceased member while so remaining shall receive, in lieu of the Surviving Spouse, said Surviving Spouse's pension, and said pension shall be divided equally among them, if there be more than one.
 
Notwithstanding the above, if the member shall die before retirement from any cause not in the line of duty, leaving a Dependent Minor Child or children by a former marriage or marriages and the Surviving Spouse qualifies to receive a pension under this Section, then the Surviving Spouse's pension shall be shared with the Dependent Minor Child or children of all marriages, fifty percent to the said Surviving Spouse and fifty percent to the Dependent Minor Child or children of all marriages, to be divided equally among said children, if there be more than one.  No Dependent Minor Child shall share in such division of the fifty percent last named, after such child has ceased to be a Dependent Minor Child as that term is defined in this Article.  When there is no longer a Dependent Minor Child, the entire Surviving Spouse's pension shall be paid to the qualified Surviving Spouse until his or her death or remarriage.  If the Surviving Spouse remarries or dies while there remain Dependent Minor Child or children, the entire Surviving Spouse's pension shall be paid to the Dependent Minor Child or children while they so remain, to be divided equally among said children, if there be more than one.
 
In the event a cash settlement option is available and exercised pursuant by this Section, the election to accept it must be by or on behalf of all persons deriving or possibly entitled to derive benefits therefrom.

Section 5-119. Pensions for Previously Retired FPDR One Members and Their Surviving Spouses and Children.
 
The pension of any retired member of the pension or a Surviving Spouse or Dependent Minor Child or children of a deceased member, being paid as of July 1, 1947, shall be increased one‑third (1/3) over and above the amount being paid on said July 1, 1947, and the total amount of such pension shall be paid from the Fund established by this Act, and not otherwise.  The minimum pension for any person covered by this Section and on pension before July 1, 1947, shall be fifty dollars ($50.00) per month after the above‑mentioned one‑third (1/3) increase has been effected.  Effective July 1, 1962, the Board shall determine the percentage which the actual pension paid under this Section on July 1, 1949, is of the full salary of a First Class Police Officer or First Class Fire Fighter, as the case may be, as such salary was fixed on July 1, 1947; commencing July 1, 1962, and thereafter, increases or decreases shall be made annually at the beginning of each fiscal year of the pensions to be paid under this Section, subject to the minimum fixed above, by applying the percentage determined above to the full salary established by the City for a First Class Police Officer or First Class Fire Fighter, as the case may be, on July 1, 1962, and July 1 of each year thereafter, provided, however, in no event shall the amount paid as so computed, be less than the pension paid immediately prior to July 1, 1962.  If a member who retired prior to July 1, 1947 dies or died after July 1, 1947, such member's Surviving Spouse or any Dependent Minor Child or children of such deceased member must qualify in the same manner as Surviving Spouse and children receiving a pension as of July 1, 1947, and those Surviving Spouses and children who qualify shall be paid a pension computed in the same manner as Surviving Spouses and children receiving a pension as of July 1, 1947.
 
Previously retired members of the Bureau of Police or Fire and their Surviving Spouses and Dependent Minor Children, by accepting any benefits provided herein, shall thereby waive any and all alleged, asserted or claimed rights under the provisions of any previous retirement and/or relief act in effect before the passage of this article.

Section 5-120. Variation in Amount of Benefit or Pension Payments.
 
All benefits and pensions granted and paid under this Act shall vary annually and shall be based upon 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.  A person entitled to benefits or pension under this Act may, before the beginning of the fiscal year, file a written notice with the Board waiving said benefits or pension or a portion thereof, for the ensuing fiscal year.  Said waiver once filed and accepted by the Board shall be irrevocable, except death of said person during the term of the waiver shall automatically terminate the effectiveness of said waiver.  Any benefits or pension, or portion thereof, so waived shall be forever forfeited.  This Section shall not apply to pensions for previously retired members and their Surviving Spouses and children coming under provisions of Section 5‑119, which shall be governed solely by said Section.

Section 5-121. Temporary FPDR One Members.
 
A temporary fire fighter or police officer, or the Surviving Spouse and/ or Dependent Minor Children of either, shall only be eligible for the provisions of this Act relating to service‑connected disabilities and service‑connected death, not including occupational disabilities as herein defined, and not otherwise.

Section 5-122. Military Service.
 
FPDR One Members entering military service in time of a national emergency so declared by the President of the United States or inducted by the federal or State government into the armed forces or the reserve components thereof at a time of said national emergency shall receive credit for all time spent in said service toward retirement under this Act; provided said member returns to active duty in the Bureau of Fire or Police, as the case may be, within sixty (60) days after being relieved with a favorable discharge from said service and does not voluntarily remain in said service after the emergency; and provided further, however, that if a member shall become eligible, while in said service, to receive a pension according to years of service and age, as provided in Section 5‑113, it shall not be necessary for such member to return to active duty in the Bureau of Fire or Bureau of Police in order to receive his retirement pension.  In case of the member's death while in said service the member's Surviving Spouse and Dependent Minor Child or children shall be eligible for benefits as provided in Section 5‑118.  In case of injury or sickness contracted by said member while in said service, after being relieved from said service the member shall be entitled to the same benefits the member would have received under the paragraph in Section 5‑116 hereof providing for benefits upon nonservice‑connected disabilities.

Section 5-123. Funeral Expenses.
 
Upon the death of any active or retired member, the Board 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.

Section 5-126. Definitions of Terms.

 

The following terms where used herein shall mean as follows:
 
1.   The term "First Class Fire Fighter" shall mean a member of the Bureau of Fire who receives the maximum payment in the fire fighter classification, as set forth in the classification of positions in the Bureau of Fire by the Civil Service Board, and in the event of the change of the name of said classification where the term "First Class Fire Fighter" is used it shall be that position by whatever name it may hereafter be called;
 
2.   The term "First Class Police Officer" shall mean a member of the Bureau of Police who receives the maximum pay in the police bureau classification as set forth in the classification of positions in the Bureau of Police by the Civil Service Board, and in the event of the change of the name of said classification where the term "First Class Police Officer" is used it shall be that position by whatever name it may hereafter be called;
 
3.   The term "Surviving Spouse" shall include widower, and shall mean the spouse of a member who was legally married to a member and not judicially separated or divorced by interlocutory or final decree of court from the member at the time of the member's death;
 
4.   The term "Dependent Minor Child" 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;
 
5.  The term "maximum pension" shall mean a pension equal to sixty percent of the then current salary of a First Class Fire Fighter for fire fighters, or that of a First Class Police Officer for police officers, as the case may be, and said pension shall vary annually as said salaries may vary from time to time;
 
6.   The term "earned portion of maximum pension" or "maximum earned pension" shall mean that portion of a maximum pension that the member's years of service bear to the years of service required for a maximum pension, but in no event shall it exceed the maximum pension;
 
7.   The term "active service" shall mean that period of time after the date of permanent appointment during which a member serves and is paid from the payroll of the respective bureau of which he or she is a member; and likewise shall include time spent on military leave to the extent provided in Section 5‑122, leave of absence from the Bureau of Police or Bureau of Fire to serve as a Chief of the Bureau thereof, during which time the member shall be classified as a member, and time lost as a result of occupational disabilities and service‑connected disabilities.  Time served under temporary appointment before date of permanent appointment shall not be included in computing "active service."  Time lost from active duty as a result of a nonservice‑connected disability for which period of time benefits are paid to a member from the Fund shall not be included in computing "active service";
 
8.   The term "in line of duty" shall mean those acts connected with or resulting from duties assigned, required or authorized of members of the Bureau of Police or Bureau of Fire, as the case may be, which occur during the period of time which elapses between the time a member reports for duty until the time he is relieved from duty, and any other time the member is performing fire or police duties for the City of Portland, provided such acts are not in violation of departmental rules and regulations, City ordinances or State or federal laws;
 
9.   The term "member" shall mean any person permanently and duly appointed in the Bureau of Fire or the Bureau of Police, under Civil Service rules and regulations, to perform the duties of a regular fire fighter or police officer, including police women, police harbor pilots, police matrons, fireboat pilots and fire department engineers, or any person permanently and duly appointed prior to July 1, 1947, who has paid into the established Fire fighter's and Policemen's Relief and Pension Funds prior to July 1, 1947, in the City of Portland, under whatever designation he or she may be described, in any salary or budget ordinance providing compensation for the members of said Bureau of Fire or Bureau of Police; provided, however, that personnel of the Bureau of Fire or Bureau of Police, who are excluded from membership in the Fund pursuant to statutory authority shall not be deemed "members" under this Article;
 
10.  The term "residence in the State of Oregon" or "resident of the State of Oregon" shall mean actually living in the State of Oregon as well as maintaining residence and domicile therein;
 
11.  The terms "current salary of a First Class Fire Fighter" or "current salary of a First Class Police Officer" shall mean all wages or salary paid on a monthly basis to a member for service in that Civil Service classification.  The terms shall not include wages or salaries for extra duties or extra services.  For the purposes of payments under this Article "current salary of a First Class Fire fighter " and "current salary of a First Class Police Officer" shall be computed annually at the beginning of the fiscal year;
 
12.  The term "full salary" shall mean the regular wages or salary paid on a monthly basis to a member in the member's particular salary range and step, but shall not include overtime pay;
 
13.  The term "fund" or "Fund" when not accompanied by any descriptive words shall mean the Fire and Police Disability and Retirement Fund created by Section 5‑101 of this Article;
 
14.   The term "contributions" unless otherwise qualified, shall mean all moneys contributed by a member to the Fund established by this Act or to previously established fire and police pension funds of the City of Portland;
 
15.  Pronoun:  In construing this Article, if the context so requires, the singular pronoun shall be taken to mean and include the plural and vice versa.