Rose v. Board of Trustees for the Portland Fire & Police Disability & Retirement Fund

This is a dispute about whether petitioner is entitled to “surviving spouse” benefits after the death of a disability and retirement fund member from whom she was divorced two years earlier. The trial court held that she is not entitled to the benefits, because the fund specifically defines a “surviving spouse” as one to whom a member was married for at least 12 months before the member’s death. Petitioner appeals, arguing that the issue is controlled by a domestic relations order (DRO) entered several weeks before the decedent’s death stipulating that she is to be considered the surviving…