November 6, 2007 - Measure No. 26-93

AMENDS CHARTER: CHANGES FIRE AND POLICE DISABILITY MEMBERS’ MEDICAL BENEFITSQUESTION: Shall police and firefighters receive medical benefits from disability system for work-related...

AMENDS CHARTER: CHANGES FIRE AND POLICE DISABILITY MEMBERS’ MEDICAL BENEFITS

QUESTION: Shall police and firefighters receive medical benefits from disability system for work-related injuries after retiring from active duty?

SUMMARY : This measure amends the City Charter for the Fire and Police Disability and Retirement Fund (FPDR). Sworn employees of the Police and Fire Bureaus are members of FPDR. The Charter provides that FPDR shall reimburse members for reasonable medical and hospital expenses arising from work-related injuries or illness. The Charter limits those benefits to expenses incurred while members are working or receiving disability benefits, and if members do not return to active duty and remain on disability until disability retirement age, FPDR reimburses members for medical expenses related to the injury for life. Currently, when members are injured and return to active duty, FPDR reimburses members for reasonable hospital and medical expenses related to the injury until their service retirement. This measure removes the limitation on medical expense reimbursement after retirement. Members who return to work and retire will receive the same level of reimbursement as members who retire on disability. The Charter amendment only applies to members who retire on or after January 1, 2007.


EXPLANATORY STATEMENT

This measure would make changes to the Fire and Police Disability and Retirement system in the Portland City Charter. The measure would change a component of the disability system relating to hospital and medical expenses in retirement.

Background

Currently, the Fire and Police Disability and Retirement Fund (FPDR) in Chapter 5 of the Charter of the City of Portland provides hospital and medical expense reimbursements arising from work-related injuries or illnesses only if a Member is on disability status or is actively working with the Portland Police Bureau or Fire Bureau. This means that when police officers and firefighters are injured in the line of duty, their medical care related to those injuries is covered only until they retire. After retirement, they are required to pay their own hospital and medical expenses related to the injury. This contrasts with the Oregon workers’ compensation system, where an employer is required to pay reasonable hospital and medical expenses after the employee’s retirement, so long as the expenses are reasonable and are related to an on-the-job injury.

What does the measure do?

This measure removes the limitation on hospital and medical expense reimbursement after retirement for Members of the FPDR who retire from active duty.

This measure also provides that reasonable hospital and medical expenses will be paid in retirement for a Member only if the expense is related to an accepted injury or illness, and only for hospital or medical expenses related to an injury or illness that was accepted in good faith, in a case not involving fraud, misrepresentation, an omission, or illegal activity by the Member. The monthly cost to the average residential property tax bill is estimated to be 92 cents.

Submitted by:

City of Portland City Council
Mayor Tom Potter
Commissioner Sam Adams
Commissioner Randy Leonard
Commissioner Dan Saltzman
Commissioner Erik Sten


No arguments AGAINST this measure were filed.


Measure No. 26-93 | City of Portland

ARGUMENT IN FAVOR

YES on 26-93: It's the right thing to do
for our public safety officers.

Portland firefighters and police officers put their lives and health on the line everyday to protect the safety and well-being of Portlanders – they deserve reasonable and equitable protections for injuries they receive in the line of duty.

When most workers in the state of Oregon sustain an on-the-job injury, the worker is reimbursed for reasonable medical and hospital expenses related to that on-the-job injury before and after the worker retires. However, under the City of Portland Fire and Police Disability and Retirement System (FPD&R) not all of our firefighters and police officers are granted medical coverage after they retire for injuries they sustained in the line of duty.

Currently, only those firefighters and police officers who never return to work after being injured in the line of duty receive reimbursement for their injuries when they retire. Firefighters and police officers who do return to work have to pay their own hospital and medical expenses for their line of duty injuries after they retire. This creates a disincentive for many injured officers to return to work, and is fundamentally unfair.

This measure would make City of Portland firefighters and police officers eligible for same duration of medical coverage all other workers in Oregon have.

Last year, Portland voters approved significant reforms to the FPD&R system, ensuring independent experts make disability claims decisions and a new citizen dominated Board of Trustees oversees the system. This measure keeps the 2006 voter-reforms intact, and was approved by the new oversight Board of the FPD&R system.

Please join us in voting YES on 26-93.

Mayor Tom Potter
Commissioner Sam Adams
Commissioner Randy Leonard
Commissioner Erik Sten
Commissioner Dan Saltzman

(This information furnished by Ed Hall )

The printing of this argument does not constitute an endorsement by Multnomah County, nor does the county warrant the accuracy or truth of any statements made in the argument.


Measure No. 26-93 | City of Portland

ARGUMENT IN FAVOR

Didn't we just vote on this?

Measure 26-93 does not undo the Reforms
you voted on last year.
It simply fixes a problem to provide health care for injuries in the line of duty.

In Nov. of 2006, the citizens of Portland voted to overhaul the Fire and Police Disability and Retirement Fund. The reforms were extensive, including restructuring retirement benefits to provide the Fund with long term financial stability and disability claims being decided by professional claims administrators.

In the process that ultimately designed the changes, other areas of improvement were also identified but were not included in the ballot measure. One of these was the need to return injured police officers and firefighters to work instead of leaving them on disability, which increases costs to the Fund.

However, under the existing Charter language those employees who did return to work would lose their eligibility for continued medical coverage for their injuries after leaving the service of the City.

In all other Oregon disability systems, a workers injury is covered for reasonable medical expenses that are related to the approved injury as long as it is medically necessary. This provides the mechanism and incentive for injured workers to return to employment.

Measure 26-93 would change Charter language making it possible for Portland firefighters and police officers to leave the disability roles and return to their careers knowing they will have the medical care they need and deserve.

That's good for those who return to work,
and it's good for taxpayers.

VOTE YES ON MEASURE 26-39

(This information furnished by Ed Hall, Portland Firefighters Assoc. )

The printing of this argument does not constitute an endorsement by Multnomah County, nor does the county warrant the accuracy or truth of any statements made in the argument.


Measure No. 26-93 | City of Portland
ARGUMENT IN FAVOR

Portland's Police Officers Ask You to
Vote Yes on 26-39

Portland Police Officers work every day to support a safe community. We are asking our community to support us this November by voting Yes on Measure 26-93.

26-93 provides for reimbursement of injury-related medical expenses for officers and firefighters after they have retired, if they have been injured in the line of duty. Not all officers are granted coverage under the current charter language. If you are injured so severely you cannot return to work then the current Charter language provides for granting coverage. If however, you are injured and can and do return to work then no coverage is granted. As officers we want to return to work and usually do leaving us without coverage in retirement. We believe that's unfair.

All other officers and fire fighters in the state covered by Workers compensation have this coverage. We think this is an administrative adjustment that brings our plan in line with the coverage provided throughout the state.

When we are injured protecting the families of Portland we need a safety net in place to protect our own families in retirement. As officers we would ask the Citizens of our community support this administrative adjustment to the charter to help give us and our family's financial stability we need in retirement.

Thankfully the City Council voted unanimously in support of this charter amendment and it was approved by the new oversight board of the FPD&R system. The police officers and fire fighters of Portland worked with the council and community last year to pass FPD&R reforms that make our system credible and efficient. This amendment does not undo any reforms passed by voters last November. Instead it modifies the charter to provide a benefit everyone believes is fair and equitable given the important role police officers and fire fighters play in our community. Thank you for you support.

Robert J. King
President, Portland Police Association

(This information furnished by Robert J. King, Portland Police Association )

The printing of this argument does not constitute an endorsement by Multnomah County, nor does the county warrant the accuracy or truth of any statements made in the argument.


Measure No. 26-93 | City of Portland
ARGUMENT IN FAVOR

ONE POLICE OFFICER'S STORY

My name is Chris Barker. For as long as I can remember I wanted to become a Police Officer when I grew up! I am very proud that I became a Portland Police Officer, and work hard to lead by example and do the right thing. But along with the job's great satisfaction, there are great risks.

On July 9th, 2001 I was dispatched to a routine call in SE Portland. I approached a door of a house and was ambushed by a disturbed man. He wanted to kill a Police Officer. He came out the door with a pistol aimed directly at me and began firing.

I sustained a bullet wound that caused severe damage to my right hand and arm. The bullet entered my right hand, then tumbled into my palm, traversed through my forearm, and came to rest in my upper bicep. My wife and family were told I might lose my arm via amputation below the elbow. At the least, they were told I would never regain the use of my right hand!

I had a great surgeon. After twenty months of recovery and physical therapy, I overcame the odds and returned to duty. I am very grateful, but I will suffer from pain and nerve damage for the rest of my life. Because I returned to serve the people of Portland, I will have no medical coverage for issues related to the gunshot wound I sustained in the line of duty. It is inevitable I will need regular visits and possibly continued physical therapy after retirement. I have no idea how we will pay for it.

Measure 26-93 will solve this problem, giving me the same rights as other injured workers in Oregon. I have been honored to protect and serve you as a police officer. I am hoping I can count on you as well. Please vote Yes on 26-93.

Thank You,
Chris Barker

(This information furnished by Christian L. Barker)

The printing of this argument does not constitute an endorsement by Multnomah County, nor does the county warrant the accuracy or truth of any statements made in the argument.


Measure No. 26-93 | City of Portland
ARGUMENT IN FAVOR

PORTLAND'S FIRE FIGHTERS SUPPORT
MEASURE 26-93

Fair to Firefighters.
Fair to Taxpayers.

The Portland Fire Fighters Association strongly endorses Measure 26-93 because it treats firefighters and police officers fairly and strengthens oversight of the claims process for long term disability benefits.

It is the mission of the men and women of the PFFA to aggressively and safely protect life and property. It is, in fact, our sworn duty and a service in which we take great pride in providing to the people of Portland.

Through training and research we are constantly improving our abilities to work more efficiently and safely. But firefighting and rescue operations are inherently dangerous and the risk of injury is high.

Often our injuries are relatively minor and we are able to return to work without long term affects. But there are times when the injuries are substantial leaving the individual with medical complications that continue long after returning to work and even after their years of service are completed.

Under the current system medical expenses for such long-term injuries are only covered when the firefighter stays on disability until he or she has reached 30 years of service and is then medically retired.

That is the right thing to do for those who are totally and permanently disabled. But the current rules leave out an important group of fire fighters: those who can and do return to work even though they still suffer from their injury.

Because these dedicated people choose to continue to serve the public, they lose medical coverage for their injuries in the line of duty – unlike firefighters and police in the rest of Oregon.

A yes vote on Measure 26-93 will leave intact the reforms approved by the voters in 2006 but will improve FPD&R from a system that encourages disability to a system that returns its firefighters and police officers to work.

Please Vote YES on Measure 26-93

(This information furnished by Ed Hall, Portland Firefighters Association )

The printing of this argument does not constitute an endorsement by Multnomah County, nor does the county warrant the accuracy or truth of any statements made in the argument.


Measure No. 26-93 | City of Portland

ARGUMENT IN FAVOR

Measure 26-93 Keeps Faith with Voters

I was a member of the committee that designed the reforms that led to last November's charter changes to the Portland Police and Fire Disability and Retirement Fund. The primary reason for this process was that the system had a large and growing “unfunded liability” that threatened the future financial stability of the City of Portland.

Through the efforts of many citizens, a package of changes was developed which provided for more consistent claims management and a gradual reduction in the pension cost liability. This solved the most urgent problems, and was overwhelmingly approved by voters in November 2006.

During our study of the system several other problems were identified. It was decided to tackle the major reforms in one election and deal with other issues later. This charter change will solve one of these problems – one that is especially important to firefighters and police officers who are injured in the line of duty.

Both police work and firefighting are extremely hazardous professions. The sworn members of the Portland Police and Fire Bureaus face the possibility of serious injury or death on a daily basis. There is also a cumulative effect of exposure to stress, infectious disease and the wear and tear of a thirty-year career. If a member is injured in the line of duty, their injuries can last a lifetime. Under the current system, medical coverage for these duty-related injuries can end at retirement. This ballot measure ensures medical coverage for all work-related injuries, regardless of the work status of the member at retirement. It will provide equality of treatment for all members while mandating oversight to guarantee proper claim management.

Your yes vote will help the men and women of the Portland Police and Fire Bureaus who are injured performing their duties of protecting the citizens of the City of Portland. It will also keep intact the important reforms Portlanders approved last year.

(This information furnished by Bob Lemon)

The printing of this argument does not constitute an endorsement by Multnomah County, nor does the county warrant the accuracy or truth of any statements made in the argument.

Last reviewed January 12, 2023