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DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING

 

DIVISION 70
PUBLIC SAFETY MEMORIAL FUND

259-070-0001
Policies and Objectives
(1) The policies of the Board are to benefit family members or designees who qualify for monetary awards due to the qualifying death or permanent total disability of public safety personnel.
(2) The Board shall award a lump sum amount of $25,000 to eligible applicants;
(3) The Board may award the following benefits to eligible applicants:
(a) Health and dental benefits;
(b) Mortgage payments;
(c) Higher education scholarships.
Stat. Auth.: ORS 243.950

Stats. Implemented: ORS 243.950

Hist.: BPSST 2-2000(Temp), f. 4-21-00, cert. ef. 4-27-00 thru 10-16-00; BPSST 5-2000, f. & cert. ef. 9-29-00; DPSST 12-2005, f. & cert. ef. 11-15-05; DPSST 20-2008, f. & cert. ef. 10-15-08
259-070-0005
Definitions
(1) "Board" means the Public Safety Memorial Fund Board.
(2) "Department" means the Department of Public Safety Standards and Training.
(3) “Designee” means a person designated under ORS 243.974.
(4) "Fund" means the Public Safety Memorial Fund.
Stat. Auth.: ORS 243.950

Stats. Implemented: ORS 243.950

Hist.: BPSST 2-2000(Temp), f. 4-21-00, cert. ef. 4-27-00 thru 10-16-00; BPSST 4-2000(Temp), f. & cert. ef. 9-29-00 thru 3-3-01; BPSST 5-2000, f. & cert. ef. 9-29-00; BPSST 1-2001, f. & cert. ef. 1-16-01; BPSST 3-2002, f. & cert. ef. 2-11-02; DPSST 12-2005, f. & cert. ef. 11-15-05; DPSST 20-2008, f. & cert. ef. 10-15-08
259-070-0010
Eligibility
(1) Eligibility of award applies to
public safety officers who suffered a qualifying death or disability on or after
October 23, 1999. Subject to availability of funds, the Board may award benefits
to:
(a) Eligible family members
of public safety officers who suffered a qualifying death or disability on or after
October 23, 1999;
(b) A designee of a public
safety officer who suffered a qualifying death or disability on or after January
1, 2008.
(c) Family members of public
safety officers who suffered a qualifying death or disability after January 1, 1997,
but prior to October 23, 1999 as described in Section 12, Chapter 981, Oregon Laws
1999.
(2) Prior to acceptance of
an initial application, any individual applying for benefits based on a qualifying
disability must provide satisfactory evidence that they meet the definition of "permanent
total disability" found in ORS 656.206 and OAR 436-030-0055. Satisfactory evidence
is established by submitting:
(a) Proof of Determination
of Permanent Total Disability in compliance with the Worker's Compensation Division
of the Department of Consumer and Business Services; or
(b) Competent written vocational
testimony by a person fully certified by the State of Oregon to render vocational
services that the applicant meets the definition of "permanent total disability"
found in ORS 656.206 and OAR 430-030-0055.
(3) For the purposes of ORS
243.954(3)(a), “spouse” includes members of same-sex couples whose marriage
was validly performed in another jurisdiction, effective January 1, 2014.
Stat. Auth.: ORS 243.970
Stats. Implemented: ORS 243.956
Hist.: BPSST 2-2000(Temp),
f. 4-21-00, cert. ef. 4-27-00 thru 10-16-00; BPSST 5-2000, f. & cert. ef. 9-29-00;
BPSST 3-2002, f. & cert. ef. 2-11-02; DPSST 12-2005, f. & cert. ef. 11-15-05;
DPSST 1-2007, f. & cert. ef. 1-12-07; DPSST 20-2008, f. & cert. ef. 10-15-08;
DPSST 18-2011, f. & cert. ef. 12-28-11; DPSST 22-2014(Temp), f. & cert.
ef. 8-11-14 thru 2-6-15; DPSST 34-2014, f. & cert. ef. 12-30-14
259-070-0020
Discretionary Benefits
(1) The Board will
consider financial need, available funds in the Public Safety Memorial Fund and
the anticipated demands on the fund in determining payment amounts of discretionary
benefits.
(2) Health
and Dental Insurance. The Board may award benefits to afford health and dental coverage
comparable to that provided by the public safety officer to eligible family members
or designees if alternate coverage is not provided.
(a) For the
purposes of this rule, “alternate coverage” refers to health and dental
coverage that is available to the applicant and beneficiaries at the time of application.
(A) An application
for health and dental insurance benefits made by an eligible family member or designee
who has declined or lost alternate coverage will be reviewed by the Board to determine
eligibility for reimbursement.
(B) The Board
will take into consideration the totality of the circumstances surrounding the application,
including but not limited to, the reasons for the loss of alternate coverage.
(b) Spouses
or designees are eligible for five years after the date of the final order confirming
eligibility or until re-marriage, whichever occurs first. A spouse or designee is
required to notify the Department immediately upon change of marital status.
(c) An eligible
child between the ages of 18 and 23 years is eligible for the benefit only if enrolled
as a full-time undergraduate student.
(A) For the
purposes of this rule, “full-time undergraduate student” means an undergraduate
student who is enrolled for the number of course hours determined to be full-time
by the school during each of five calendar months during the calendar year.
(B) Recipients
are required to notify the Department immediately upon change of student enrollment
status of an eligible child.
(3) Mortgage
Payments. An application requesting mortgage payments must be made within the first
12 months following the initial determination of eligibility.
(4) Scholarship
Considerations. In determining the amount of scholarship benefits under ORS 243.956(8)
and (10), "State Institution of Higher Education" means an institution listed in
ORS 352.002.
Stat. Auth.: ORS
243.950

Stats. Implemented:
ORS 243.962 & 243.968

Hist.: BPSST
2-2000(Temp), f. 4-21-00, cert. ef. 4-27-00 thru 10-16-00; BPSST 5-2000, f. &
cert. ef. 9-29-00; BPSST 3-2002, f. & cert. ef. 2-11-02; DPSST 12-2005, f. &
cert. ef. 11-15-05; DPSST 14-2012, f. 6-27-12, cert. ef. 7-1-12; DPSST 20-2012,
f. & cert. ef. 9-24-12; DPSST 27-2012, f. & cert. ef. 12-24-12
259-070-0050
Transition Process for Current Beneficiaries
(1) A family member or public safety officer who had a qualifying death or permanent total disability and who applied for scholarship benefits prior to January 1, 2006, shall continue to be eligible to apply for scholarship benefits under the terms that were operative until January 1, 2004, awarding benefits for undergraduate degrees only.
(2) A family member or public safety officer who had a qualifying death or permanent total disability and who was receiving health and dental benefits prior to January 1, 2004, shall continue to receive health and dental benefits for up to five years or until the spouse remarries, whichever occurs first; and until the child(ren) attain 18 years of age (or 23 years of age if the child(ren) is attending school.
Stat. Auth.: ORS 243.956

Stats. Implemented: ORS 243.956

Hist.: BPSST 2-2000(Temp), f. 4-21-00, cert. ef. 4-27-00 thru 10-16-00; BPSST 5-2000, f. & cert. ef. 9-29-00; DPSST 12-2005, f. & cert. ef. 11-15-05

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