PUBLIC SAFETY MEMORIAL FUND

243.950 Public Safety Memorial Fund. The Public Safety Memorial Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the Public Safety Memorial Fund. All moneys deposited in the fund are continuously appropriated to the Department of Public Safety Standards and Training for the purposes of ORS 243.954 to 243.970, to be expended by the Public Safety Memorial Fund Board, established by ORS 243.952, as provided in ORS 243.954 to 243.970. However, the board may not expend more than $60,000 per biennium of the moneys for administrative costs of the board incurred under ORS 243.954 to 243.970. [1999 c.981 s.3]

Note: 243.950 to 243.974 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

243.952 Public Safety Memorial Fund Board; officers; quorum; meetings; staff. (1) There is established within the Board on Public Safety Standards and Training a Public Safety Memorial Fund Board consisting of six members appointed by the Governor from the membership of the Board on Public Safety Standards and Training. The Governor shall appoint members to represent each of the following:

(a) Police officers;

(b) Fire service professionals;

(d) The public.

(2)(a) Before the expiration of the term of a member of the Public Safety Memorial Fund Board, the Governor shall appoint a successor whose term begins immediately upon the expiration of the term of the current member. A member is eligible for reappointment.

(b) In case of a vacancy for any cause, the Governor shall appoint a person to fill the office for the unexpired term.

(3)(a) The Public Safety Memorial Fund Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.

(b) A majority of the members of the board constitutes a quorum for the transaction of business.

(4) The Public Safety Memorial Fund Board shall meet at least once every three months at a place, day and hour determined by the board. The board also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the board.

(5) The Department of Public Safety Standards and Training shall provide staff for the Public Safety Memorial Fund Board.

(6) Members of the Public Safety Memorial Fund Board are entitled to per diem and expenses as provided in ORS 292.495. [1999 c.981 s.14]

Note: See note under 243.950.

243.954 Definitions for ORS 243.956 and 243.958. 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.

(2) “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. [1999 c.981 s.4]

Note: See note under 243.950.

243.956 Eligibility for benefits from fund. (1)(a) A person is eligible for an award of benefits from the Public Safety Memorial Fund if the person:

(A) 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) Has a job-related permanent total disability, as defined in ORS 656.206; 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;

(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.

(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 timely manner, may pay $25,000 to the person designated on the beneficiary form described in ORS 243.974.

(3) The board:

(a) 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) May award benefits to an eligible applicant under ORS 243.958:

(A) Who is the spouse of the public safety officer, in an amount up to the equivalent of 12 monthly mortgage payments on the residence of the spouse if there is no mortgage insurance to cover the cost.

(B) Who is a family member of the public safety officer, 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. [1999 c.981 s.5]

Note: See note under 243.950.

Note: Section 12, chapter 981, Oregon Laws 1999, provides:

Sec. 12. (1) Except as otherwise provided in subsection (2) of this section, sections 4 to 13 of this 1999 Act [243.954 to 243.970] apply to public safety officers who die or become disabled as described in section 5 of this 1999 Act [243.956] on or after the effective date of this 1999 Act [October 23, 1999].

(2) Subject to the availability of funds, the Public Safety Memorial Fund Board may award benefits under sections 4 to 13 of this 1999 Act to family members of public safety officers who died or became disabled as described in section 5 of this 1999 Act after January 1, 1997, but prior to the effective date of this 1999 Act. [1999 c.981 s.12]

243.958 Application for benefits. (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.

(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.

(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.

(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. [1999 c.981 s.6]

Note: See note under 243.950.

243.960 Application information public record. All information submitted to the Public Safety Memorial Fund Board by an applicant is a public record under ORS 192.410 and is open to public inspection unless the board determines that the information should be kept confidential. [1999 c.981 s.7]

Note: See note under 243.950.

243.962 Determination of award amount. (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 application filed pursuant to ORS 243.958;

(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. [1999 c.981 s.8]

Note: See note under 243.950.

243.964 Order. After processing an application filed under ORS 243.958, 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

(4) The manner in which the board will pay the award pursuant to ORS 243.968. [1999 c.981 s.9]

Note: See note under 243.950.

243.966 Reconsideration; no review. If an applicant disagrees with the order entered under ORS 243.964, the applicant may request reconsideration by the Public Safety Memorial Fund Board. The board shall reconsider any order for which a request for reconsideration is 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. [1999 c.981 s.10]

Note: See note under 243.950.

243.968 Payment of awards. (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) When a person eligible to receive an award under ORS 243.954 to 243.970 is younger than 18 years of age or is incompetent, the award may be paid to a relative, guardian or attorney of such person on behalf of and for the benefit of such person. In such case, the payee shall:

(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) 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. [1999 c.981 s.11]

Note: See note under 243.950.

243.970 Authority of board; rulemaking; report. 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.

(6) Report biennially to the Governor and the Legislative Assembly on its activities, pursuant to ORS 192.245. [1999 c.981 s.13]

Note: See note under 243.950.

243.972 Gifts; requirements for tax deductibility. The Public Safety Memorial Fund Board shall investigate whether gifts made to the board under ORS 243.970 are, or could be, tax deductible contributions for the donors. If the gifts do not qualify as tax deductible contributions, the board shall take whatever actions are necessary to ensure that gifts meet the requirements for tax deductibility, unless such action would alter the purposes of ORS 243.954 to 243.970. [1999 c.981 s.18]

Note: See note under 243.950.

243.974 Designation of beneficiary; notice required when public safety officer killed. (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 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.

(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. [1999 c.981 s.15]

Note: See note under 243.950.

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