2015 ORS 107.118¹
Definitions for ORS 107.118 to 107.131

As used in ORS 107.118 (Definitions for ORS 107.118 to 107.131) to 107.131 (Conveyance or release of contingent or expectant interests):

(1) "Designation of beneficiary" means the naming of a person in a governing instrument for the purpose of a transfer of moneys or other benefits upon the death of the principal.

(2) "Governing instrument" means a policy of life insurance executed by a principal before a suit for marital dissolution, separation or annulment or a document executed by the principal before a suit for marital dissolution, separation or annulment for the purpose of designating a beneficiary under:

(a) An employee pension benefit plan, as defined in 29 U.S.C. 1002 (2) for the purposes of the Employee Retirement Income Security Act of 1974;

(b) A public retirement system of a public body, as defined in ORS 174.109 ("Public body" defined), or of any other state or local government;

(c) A federal retirement system created by the federal government for any officer or employee of the United States, including any person retired from service in the United States Civil Service, the Armed Forces of the United States or any agency or subdivision thereof;

(d) A deferred compensation plan under section 457 of the Internal Revenue Code;

(e) An individual retirement account, annuity or trust or simplified employee pension under section 408 or 408A of the Internal Revenue Code;

(f) An employee annuity, including custodial accounts treated as annuities, under section 403(a) or (b) of the Internal Revenue Code; or

(g) A retirement account, stock certificate, mutual fund account, bank account or other financial account that is not jointly owned by the principal and the principal’s spouse and that is payable or transferable upon the death of the principal.

(3) "Principal" means the person who designates a beneficiary in a governing instrument and who is a party to a suit for marital dissolution, separation or annulment.

(4) "Relative of the spouse" means a person who is related to a spouse by blood, adoption or marriage and who is not related to the principal by blood, adoption or marriage.

(5) "Spouse" means a person who is or was married to the principal. [2005 c.285 §2]

Note: 107.118 (Definitions for ORS 107.118 to 107.131) to 107.131 (Conveyance or release of contingent or expectant interests) were added to and made a part of ORS chapter 107 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Chapter 107

Notes of Decisions

Trial court has authority to es­tab­lish liquidated sum as amount owed by spouse under settle­ment agree­ment. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Cita­tions

55 OLR 267-277 (1976); 27 WLR 51 (1991)


1 Legislative Counsel Committee, CHAPTER 107—Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors107.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 107, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano107.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.