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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter City Charter Chapter 5 FPDR Article 3 FPDR Two And Three Benefits
Section 5-310. Benefits on Death After Retirement.

 
(a)  Eligibility.  The Surviving Spouse of a FPDR Two Member who dies after retirement shall be eligible to receive a death benefit, except as provided in subsection (b).  The Dependent Minor Child of the FPDR Two 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 shall be divided equally among them.  If the FPDR Two 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 a minor and then paid to the Surviving Spouse.  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.
 
(b)  Certain Disabled Members.  If the FPDR Two Member retired after a nonservice‑connected disability and had less than 10 Years of Service, including service recognized by the Public Employee Retirement System of the State of Oregon for accrual of benefits or as a waiting period before such accrual begins, no death benefit shall be paid.
 
(c)  Amount of Benefit.  The benefit on death after retirement shall be 100 percent of the Member's retirement benefit.  A FPDR Two Member may make an irrevocable election at the time of retirement under rules established by the Board to be covered by a reduced death benefit and receive a retirement benefit under Section 5‑304 based on a larger percentage of Final Pay 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 FPDR Two Member contributions provided in Section 5‑311, 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 Minor Child.

(e)  Form of Benefit.  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.  The benefit shall be adjusted as provided in Section 5‑312.