Chapter 295 Oregon Laws 2003

AN ACT

HB 2238

Relating to Public Safety Memorial Fund; creating new provisions; and amending ORS 243.954, 243.956, 243.958, 243.962, 243.964, 243.968, 243.970 and 243.974.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 243.954 is amended to read:

243.954. As used in [this section and ORS 243.956 and 243.958] ORS 243.954 to 243.970:

(1) “Child” means a person who is a natural child, adopted child or stepchild of a public safety officer and who is:

(a) 18 years of age or younger;

(b) 19 through 22 years of age and enrolled as a full-time undergraduate student; or

(c) 19 years of age or older and incapable of self-support due to a physical or mental disability.

[(1)] (2) “Family member” means:

(a) The spouse of a public safety officer.

(b) A child of a public safety officer.

[(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.

(4) “Public safety officer” means:

(a) Corrections officers, as defined in ORS 181.610.

(b) Fire service professionals, as defined in ORS 181.610, and includes volunteer firefighters as defined in ORS 652.050.

(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.

(5) “Qualifying death or disability” means death or permanent total disability suffered by a public safety officer while on or off duty that is the direct or proximate result of:

(a) An enforcement action, an emergency response or public safety training for an enforcement action or emergency response that the public safety officer is authorized or obligated to perform by law, rule, regulation or condition of employment or service; or

(b) An act committed against the public safety officer because of the public safety officer’s position as a public safety officer.

(6) “Survivor” means:

(a) A family member; or

(b) A parent of a public safety officer.

SECTION 2. 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)] (a)(A) Is a family member or a parent of a public safety officer who [was killed in the line of duty or, if off duty, while interceding in a crime or who has a job-related permanent total disability] has suffered a qualifying death or disability; or

[(ii)] (B) Is a public safety officer who [has a job-related permanent total disability] has suffered a qualifying disability; and

[(B)] (b) Has submitted an initial 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)] (2) Notwithstanding [paragraph (a) of this subsection] subsection (1) of this section, a person is not eligible for an award of benefits if:

[(A)] (a) The person’s actions were a substantial contributing factor to the qualifying death or disability of the public safety officer;

[(B)] (b) The public safety officer’s intentional misconduct caused the qualifying death or disability;

[(C)] (c) The public safety officer intended to bring about the officer’s qualifying death or disability;

[(D)] (d) The public safety officer was voluntarily intoxicated at the time of the injury that caused the qualifying death or disability; or

[(E)] (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 qualifying death or disability.

(3) If a person who is eligible for an award of benefits under subsection (1) of this section is younger than 18 years of age or is incompetent, another person may file the application for an award of benefits on behalf of the eligible person.

[(2) 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 timely manner, may pay $25,000 to the family member designated on the beneficiary form described in ORS 243.974.]

(4) Within 14 days after receipt of a notice under ORS 243.974 or entry of an order under ORS 243.964 awarding benefits based on an initial application, whichever occurs later, the Public Safety Memorial Fund Board shall pay a lump sum amount of $25,000:

(a) In the manner described under section 11 of this 2003 Act, to a survivor of a public safety officer who suffered a qualifying death; or

(b) To the public safety officer who suffered a qualifying disability.

[(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.]

[(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.]

(5) If alternative coverage is not provided, the board may award benefits to the family members of a public safety officer who has suffered a qualifying death or disability in an amount sufficient to allow the family members 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 a child or a dependent attains 18 years of age or, if the child or the dependent is attending school, 23 years of age.

(6) If alternative coverage is not provided, the board may award benefits for five years to a public safety officer who has suffered a qualifying 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 qualifying disability.

(7) The board may award benefits to an eligible spouse of a public safety officer who has suffered a qualifying death or to a public safety officer who has suffered a qualifying 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.

(8) The board may award scholarships for a graduate program of higher education to a family member of a public safety officer who has suffered a qualifying death or disability or to a public safety officer who has suffered a qualifying disability. In determining the amount of a scholarship, the board shall consider the person’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 a graduate program.

(9) A family member or a public safety officer is eligible to apply for a scholarship under subsection (8) of this section only if the family member or public safety officer:

(a) Has exhausted the education benefits available under 28 C.F.R., Part 32, subpart B;

(b) Applies for the scholarship within one year from the date of exhaustion of the education benefits under paragraph (a) of this subsection; and

(c) Has applied for other available public education benefits.

(10) If a person described in subsection (8) of this section is ineligible to receive education benefits under 28 C.F.R., Part 32, subpart B, if funds for education benefits are unavailable under those provisions or if the education benefit program under those provisions no longer exists, the person may apply to the board for a scholarship for an undergraduate program. Scholarships for only undergraduate degrees may be awarded to a person under this subsection. The board may not grant a scholarship under this subsection in an amount exceeding the highest tuition charged by a state institution of higher education for an undergraduate program.

(11)(a) A person may apply for a scholarship under subsection (10) of this section 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 suffered a qualifying death or disability; and

(ii) An application for an award of some type of benefits was filed by a person described in subsection (8) of this section;

(B) The date the applicant remarries, if the applicant is the surviving spouse of a public safety officer who suffered a qualifying death, or the date the applicant divorces the public safety officer, if the applicant is the spouse of a public safety officer who suffered a qualifying disability; or

(C) Five years after the date of the injury that caused the disability, if the applicant is a public safety officer who suffered a qualifying disability.

(b) The board may extend the time period for applying for a scholarship under subsection (10) of this section.

(12) If the family member or public safety officer who is awarded a scholarship under this section is receiving other public education benefits, the amount of the scholarship awarded to the family member or the public safety officer shall be reduced by the amount of the other public education benefits.

SECTION 3. ORS 243.958 is amended to read:

243.958. (1) An applicant for benefits under [this section] ORS 243.956 (4) must file an initial application under oath on a form furnished by the Public Safety Memorial Fund Board. The initial 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], the date of the qualifying 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)] (c) Releases authorizing the surrender to the board of reports, documents and other information relating to matters specified in this subsection; and

[(e)] (d) Any other information that the board determines is necessary.

(2) The board may require that an applicant submit with the initial application any materials that substantiate the facts stated in the initial application.

(3) If the board finds that an initial application does not contain the required information or materials or finds that the facts stated therein have not been substantiated, [it] the board 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 initial application or additional substantiating materials to correct inadvertent errors or omissions at any time before the board has completed its consideration of the original initial 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;]

[(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 4. ORS 243.962 is amended to read:

243.962. (1) In determining the amount of benefits for which an applicant is eligible, the Public Safety Memorial Fund Board shall:

(a) Consider the facts stated in the initial application filed [pursuant to] under ORS 243.958 or the supplemental application filed under section 10 of this 2003 Act;

(b) Consider the amount of funds available for benefit awards, as provided in the current biennial board budget approved by the Legislative Assembly or the Emergency Board, and the anticipated claims against those funds; and

(2) In determining the amount of an award to be made to an applicant, the board may consider the number and type of claims filed and the number and type of claims anticipated to be filed with the board during the current biennial budget period. If the board determines that insufficient funds will be available during the current biennial budget period to pay all approved and anticipated claims, the board may prioritize claims or prorate the amounts awarded based upon the anticipated available funds. The board’s decision to prioritize claims or prorate the amounts awarded is not subject to administrative or judicial review, including review under ORS 243.966.

SECTION 5. ORS 243.964 is amended to read:

243.964. After processing an initial application filed under ORS 243.958 or a supplemental application filed under section 10 of this 2003 Act, the Public Safety Memorial Fund Board shall enter an order stating:

(1) The board’s findings of fact;

(2) The board’s decision as to whether benefits are due under ORS 243.954 to 243.970;

(3) The amount of benefits, if any, that is due under ORS 243.954 to 243.970, as determined under ORS 243.962 and 243.956; and

(4) The manner in which the board will pay the award pursuant to ORS [243.968] 243.956 (8) to (10).

SECTION 6. ORS 243.968 is amended to read:

243.968. [(1) The Public Safety Memorial Fund Board shall pay an award made under ORS 243.954 to 243.970. Payment may be made in a lump sum or in periodic payments to the applicant or payee or may be made directly to service providers.]

[(2)] (1) When a person eligible to receive an award under [ORS 243.954 to 243.970] ORS 243.956 is younger than 18 years of age or is incompetent, [the award may be paid] the board may pay the award to a relative, guardian or attorney of [such] the person on behalf of and for the benefit of [such] the person. In such case, the [payee shall] board may require the payee to:

(a) File an annual accounting of the award with the board; and

(b) Take such other action that the board determines is necessary and appropriate for the benefit of the beneficiary of the award.

[(3)] (2) Payment of claims is subject to availability of funds for benefit awards as provided in the board’s current biennial budget approved by the Legislative Assembly or the Emergency Board.

SECTION 7. ORS 243.970 is amended to read:

243.970. To carry out the provisions and purposes of ORS 243.954 to 243.970, the Public Safety Memorial Fund Board may:

(1) Request from law enforcement officials and from any other agency of the state or any local governmental unit such assistance and information as will enable the board to carry out its functions and duties.

(2) Request the assistance of the State Treasurer.

(3) Accept gifts, grants and donations from public and private sources. Such gifts, grants and donations shall be deposited by the board in the Public Safety Memorial Fund.

(4) Adopt rules pursuant to ORS 183.310 to 183.550.

(5) Determine all claims for awards filed with the board under ORS 243.958 and section 10 of this 2003 Act.

(6) Report biennially to the Governor and the Legislative Assembly on its activities, pursuant to ORS 192.245.

SECTION 8. 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 one or more family members, as defined in ORS 243.954, to receive a benefit under ORS 243.956 (2). 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 determination that a public safety officer [is killed as described in ORS 243.956 (1),] suffered a qualifying death or disability, the agency employing or utilizing the public safety officer shall notify the Public Safety Memorial Fund Board of [that] the fact by sending the board the appropriate form supplied by the Department of Public Safety Standards and Training.

SECTION 9. Sections 10 and 11 of this 2003 Act and ORS 243.972 and 243.974 are added to and made a part of ORS 243.954 to 243.970.

SECTION 10. An applicant for benefits under ORS 243.956 (5) to (10) shall file a supplemental application under oath on a form furnished by the Public Safety Memorial Fund Board. The supplemental application must include:

(1) 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 qualifying death or disability of a public safety officer; and

(2) Any other information that the board determines is necessary.

SECTION 11. (1) If the Public Safety Memorial Fund Board awards lump sum benefits under ORS 243.956, the board shall pay the benefits to the survivor of a public safety officer who suffered a qualifying death as follows:

(a) 100 percent to the surviving spouse.

(b) If there is no surviving spouse, 100 percent to the surviving child.

(c) If there is no surviving spouse or child, 100 percent to a person who qualifies as a dependent of the public safety officer for state income tax purposes.

(d) If there is no surviving spouse or child or dependent, 100 percent to the parent of the public safety officer.

(2) If more than one child, or both parents, or more than one dependent are survivors, the board shall pay the percentage amount one child or one parent or one dependent would have received under subsection (1) of this section in equal shares to the children or parents or dependents.

SECTION 12. The Public Safety Memorial Fund Board shall adopt rules that provide for a transition process for benefits awarded to persons before the effective date of this 2003 Act.

SECTION 13. Sections 10 and 11 of this 2003 Act and the amendments to ORS 243.954, 243.956, 243.958, 243.962, 243.964, 243.968, 243.970 and 243.974 by sections 1 to 8 of this 2003 Act apply to applications for benefits filed on or after the effective date of this 2003 Act.

Approved by the Governor June 11, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date January 1, 2004

__________