(a) Member. Retirement, termination and disability benefits shall be paid to Members in accordance with this Chapter. Members shall consist of those persons who are permanently appointed as sworn employees in the Bureau of Police or Fire, except as follows:
1. Persons other than FPDR Three Members who participate in the Public Employee Retirement System of the State ofOregon, or will so participate after a waiting period, shall not be Members.
2. The chief of the Bureau of Police or of the Bureau of Fire shall be a Member unless the terms of employment of such chief provide otherwise.
3. Persons first sworn on or after January 1, 2013 shall be a Member upon completion of six (6) consecutive months of employment as a permanently appointed sworn employee in the Bureau of Police or Fire.
(b) Active Member. An Active Member is a person who is actively employed as a Member in the Bureau of Fire or Police and does not include a Member receiving disability or retirement benefits under this Chapter.
(c) Surviving Spouse. Death benefits shall be paid to the Surviving Spouse of a deceased FPDR Two or FPDR Three Member in accordance with this Chapter. The Surviving Spouse is a person to whom the Member was legally married throughout the 12‑month period preceding death and from whom the Member was not judicially separated or divorced by interlocutory or final court decree at the time of death. Death benefits paid to a Surviving Spouse of a FPDR Three member shall be adjusted in accordance with the offset provisions in this Chapter.
(d) Dependent Minor Child. Death benefits shall be paid to a Dependent Minor Child of a deceased FPDR Two and FPDR Three Member in accordance with this Chapter. A Dependent Minor Child is a child, natural or adopted, of a FPDR Two or FPDR Three Member who is substantially supported by the FPDR Two or FPDR Three Member, the FPDR Two or FPDR Three Member's Surviving Spouse or the FPDR Two or FPDR Three Member's estate and is under 18 years of age and unmarried. Death benefits paid to a Dependent Minor Child of a deceased FPDR Three member shall be adjusted in accordance with the offset provisions in this Chapter.
(e) More Than One Status. No person shall receive more than one survivor benefit under this Chapter at the same time, despite qualifying under both of Subsections (c) and (d), or qualifying under Subsection (c) or (d) 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.