71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 366
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Public Safety Standards and Training)
CHAPTER ................
AN ACT
Relating to Public Safety Memorial Fund; amending ORS 243.954,
243.956, 243.958, 243.966 and 243.974.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 243.956 is amended to read:
243.956. (1)(a) A person is eligible for an award of benefits
from the Public Safety Memorial Fund if the person:
(A) { + (i) + } Is a family member of a public safety officer
who { - : - }
{ - (i) - } was killed in the line of duty or, if off duty,
while interceding in a crime { - ; - } or
{ - (ii) - } { + who + } has a job-related permanent total
disability { - , as defined in ORS 656.206 - } ; { + or
(ii) Is a public safety officer who has a job-related permanent
total disability; + } and
(B) Has submitted an application for an award of benefits under
ORS 243.958 within six months of the date of the public safety
officer's death or disability.
(b) Notwithstanding paragraph (a) of this subsection, a person
is not eligible for an award of benefits if:
(A) The person's actions were a substantial contributing factor
to the death or disability of the public safety officer;
(B) The public safety officer's intentional misconduct caused
the death or disability;
(C) The public safety officer intended to bring about the
officer's death or disability;
(D) The public safety officer was voluntarily intoxicated at
the time of the injury that caused the death or disability; or
(E) The public safety officer was performing the officer's
duties in a grossly negligent manner at the time of the injury
that caused the death or disability.
{ - (c) As used in this subsection, 'disability' means a
disability resulting from a sudden, severe and unexpected
injury. - }
(2) { - Notwithstanding subsection (1) of this section, - }
Within 14 days after notification from an employer that a public
safety officer has been killed as described in subsection (1) of
this section, the Public Safety Memorial Fund Board, or the
chairperson of the board if the board is unable to meet in a
Enrolled Senate Bill 366 (SB 366-A) Page 1
timely manner, may pay $25,000 to the { - person - } { +
family member + } designated on the beneficiary form described in
ORS 243.974.
(3) The board:
(a) { + If alternative coverage is not provided, + } shall
award benefits to the spouse and each child of the public safety
officer in an amount sufficient to allow the spouse and children
to purchase health and dental insurance comparable to that
provided by the public safety officer:
(A) For five years or until the spouse remarries, whichever
occurs first; and
(B) Until the child attains 18 years of age or, if the child is
attending school, 23 years of age.
{ + (b) If alternative coverage is not provided, shall award
benefits to a public safety officer who has a job-related
permanent total disability in an amount sufficient to allow the
public safety officer to purchase health and dental insurance
comparable to the health and dental insurance coverage that the
public safety officer had immediately prior to the disability.
The board shall award benefits under this paragraph for five
years. + }
{ - (b) - } { + (c) + } May award benefits to an eligible
applicant under ORS 243.958:
(A) Who is the spouse of the public safety officer { + or is a
public safety officer who has a job-related permanent total
disability + }, in an amount up to the equivalent of 12 monthly
mortgage payments on the residence of the spouse { + or the
public safety officer + } if there is no mortgage insurance to
cover the cost.
(B) Who is a family member of the public safety officer { + or
is a public safety officer who has a job-related permanent total
disability + }, in the form of scholarships for the applicant's
higher education. The board may award scholarships for an
applicant's undergraduate degree only. In determining the amount
of a scholarship, the board shall consider the applicant's
financial need, the funds available in the Public Safety Memorial
Fund and the anticipated demands on the fund. The board may not
grant a scholarship in an amount exceeding the highest tuition
charged by a state institution of higher education for an
undergraduate program.
SECTION 2. ORS 243.958 is amended to read:
243.958. (1) An applicant for benefits under this section must
file an application under oath on a form furnished by the Public
Safety Memorial Fund Board. The application must include:
(a) The name and address of the applicant and the applicant's
relationship to the public safety officer;
(b) The public safety officer's name and date of death or
disability, and the agency that employed the public safety
officer;
(c) The amount of benefits, payments or awards, if any, payable
from any source, that the applicant has received or for which the
applicant is eligible as a result of the death or disability of
the public safety officer;
(d) Releases authorizing the surrender to the board of reports,
documents and other information relating to matters specified in
this subsection; and
(e) Any other information that the board determines is
necessary.
Enrolled Senate Bill 366 (SB 366-A) Page 2
(2) The board may require that an applicant submit with the
application any materials that substantiate the facts stated in
the application.
(3) If the board finds that an application does not contain the
required information or materials or finds that the facts stated
therein have not been substantiated, it shall notify the
applicant in writing that specific additional items of
information or materials are required and that the applicant has
180 days from the date of mailing of the notice in which to
furnish the additional items to the board. Unless an applicant
requests and is granted an extension of time by the board, the
board shall reject with prejudice the claim of the applicant for
failure to file the additional information or materials within
the specified time.
(4) An applicant may file an amended application or additional
substantiating materials to correct inadvertent errors or
omissions at any time before the board has completed its
consideration of the original application.
(5)(a) An applicant who is otherwise eligible for an award of
benefits under ORS 243.956 may, notwithstanding ORS 243.956
(1)(a)(B), file an application requesting an award for higher
education expenses at any time up to:
(A) Five years after the date on which the applicant graduated
from high school if:
(i) The applicant was a minor at the time the public safety
officer died or became disabled; and
(ii) An application for an award of some type of benefits was
filed by any eligible applicant within the six-month period
required by ORS 243.956; { - or - }
(B) The date the applicant remarries, if the applicant is the
surviving spouse of a public safety officer who was killed, or
the date the applicant divorces the public safety officer, if the
applicant is the spouse of a public safety officer who has a
job-related permanent total disability { + ; or
(C) Five years after the date of the injury that caused the
disability, if the applicant is a public safety officer who has a
job-related permanent total disability + }.
(b) An applicant under paragraph (a)(A) of this subsection need
not be the same person who made the original application. An
application filed under this subsection is a supplemental
application.
(c) The board may extend the time period for applying under
paragraph (a)(A) of this subsection.
(6) Additional information or materials, an amended application
or a supplemental application pursuant to subsection (3), (4) or
(5) of this section is considered to have been filed at the same
time as the original application.
SECTION 3. ORS 243.954 is amended to read:
243.954. As used in this section and ORS 243.956 and 243.958:
(1) 'Family member' means:
(a) The spouse of a public safety officer.
(b) A child of a public safety officer.
(c) A person who qualifies as a dependent of a public safety
officer for state income tax purposes.
{ + (2) 'Disability' means a disability resulting from a
sudden, severe and unexpected injury.
(3) 'Permanent total disability' has the meaning given that
term in ORS 656.206. + }
{ - (2) - } { + (4) + } 'Public safety officer' means:
(a) Corrections officers, as defined in ORS 181.610.
Enrolled Senate Bill 366 (SB 366-A) Page 3
(b) Fire service professionals, as defined in ORS 181.610, and
includes volunteer firefighters as defined in ORS 652.050.
(c) Parole and probation officers, as defined in ORS 181.610.
(d) Police officers, as defined in ORS 181.610, and includes
reserve officers, as defined in ORS 181.610.
(e) Youth correction officers, as defined in ORS 181.610.
SECTION 4. ORS 243.974 is amended to read:
243.974. (1) As used in this section, 'public safety officer'
has the meaning given that term in ORS 243.954.
(2) At the time a public safety officer is hired or utilized as
a volunteer, the agency employing or utilizing the public safety
officer shall provide the public safety officer with a
designation of beneficiary form on which the public safety
officer may designate { - a person - } { + one or more family
members, as defined in ORS 243.954, + } to receive a benefit
under ORS 243.956 (2). { - Upon completion of the beneficiary
form, the agency shall send the beneficiary form to the Public
Safety Memorial Fund Board - } { + The agency shall keep a
current copy of the beneficiary form in the public safety
officer's personnel file as long as the public safety officer is
employed or utilized as a volunteer by the agency or until the
beneficiary form is needed by the Public Safety Memorial Fund
Board + }.
(3) No later than three days after a public safety officer is
killed as described in ORS 243.956 (1), the agency employing or
utilizing the public safety officer shall notify the board of
that fact.
SECTION 5. ORS 243.966 is amended to read:
243.966. If an applicant disagrees with the order entered under
ORS 243.964, the applicant may request reconsideration by the
Public Safety Memorial Fund Board { + by filing the request with
the board no later than 30 days after entry of the order + }. The
board shall reconsider any order for which a request for
reconsideration is { + timely + } received. The board shall
notify the applicant of its decision on reconsideration within 30
days of the board's receipt of the request for reconsideration.
The board's decision is final and not subject to administrative
or judicial review.
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Passed by Senate March 5, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 5, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 366 (SB 366-A) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 366 (SB 366-A) Page 5