ORS 18.358¹
Certain retirement plans exempt from execution
  • exceptions

(1) As used in this section:

(a) "Beneficiary" means a person for whom retirement plan benefits are provided and their spouse.

(b) "Internal Revenue Code" means the federal Internal Revenue Code as amended and in effect on December 31, 1998.

(c) "Permitted contribution" means:

(A) A contribution that, at the time of the contribution, is not taxable income to the beneficiary and, if the sponsor is a taxable entity, is tax deductible to the sponsor;

(B) A nondeductible contribution by a beneficiary to a retirement plan to the extent that the contribution is permitted to be made under the Internal Revenue Code;

(C) A deductible or nondeductible contribution to an individual retirement account to the extent the contribution is not subject to federal excise tax as an excess contribution;

(D) A contribution, pursuant to a rollover or transfer, from one retirement plan to another, to the extent the federal tax deferred status is preserved at such time;

(E) A rollover from an individual retirement account described in section 408 of the Internal Revenue Code to an individual retirement account described in section 408A of the Internal Revenue Code; and

(F) Any earnings under a retirement plan which are attributable to a contribution described in subparagraphs (A) to (E) of this paragraph.

(d) "Retirement plan" means:

(A) A pension plan and trust, including a profit sharing plan, that is described in sections 401(a), 401(c), 401(k), 403 and 457 of the Internal Revenue Code, including that portion attributable to contributions made by or attributable to a beneficiary;

(B) An individual retirement account or annuity, including one that is pursuant to a simplified employee pension, as described in section 408 or 408A of the Internal Revenue Code; and

(C) Any pension not described in subparagraphs (A) and (B) of this paragraph granted to any person in recognition or by reason of a period of employment by or service for the Government of the United States or any state or political subdivision of any state, or any municipality, person, partnership, association or corporation.

(e) "Sponsor" means an individual or entity which establishes a retirement plan.

(2) Subject to the limitations set forth in subsection (3) of this section, a retirement plan shall be conclusively presumed to be a valid spendthrift trust under these statutes and the common law of this state, whether or not the retirement plan is self-settled, and a beneficiary’s interest in a retirement plan shall be exempt, effective without necessity of claim thereof, from execution and all other process, mesne or final.

(3) Notwithstanding subsection (2) of this section:

(a) A contribution to a retirement plan, other than a permitted contribution, shall be subject to ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) concerning fraudulent transfers; and

(b) Unless otherwise ordered by a court under ORS 25.387 (Withholding more than amount authorized by law), 75 percent of a beneficiary’s interest in a retirement plan shall be exempt from execution or other process arising out of a support obligation or an order or notice entered or issued under ORS chapter 25, 107, 108, 109, 110, 416, 419B or 419C. [Formerly 23.170]

Notes of Decisions

Public employe pensions are exempt from execu­tion to satisfy support obliga­tions. Bresnan v. Bresnan, 42 Or App 739, 601 P2d 851 (1979)

Contribu­tions to Keogh plan by self-employed physicians were not exempt from claims for creditors under this sec­tion. Hebert v. Fliegel, 813 F2d 999 (1987)

Social security benefits represent recipient's interest in retire­ment plan. Hobson v. Hobson, 136 Or App 516, 901 P2d 914 (1995)

Judg­ment based on value accruing to retire­ment account of domestic partner during period of cohabita­tion is not beneficial interest in retire­ment account and therefore is not exempt from execu­tion. In re Wilbur, 126 F3d 1218 (9th Cir. 1997)

Law Review Cita­tions

40 WLR 1 (2004)

1 Legislative Counsel Committee, CHAPTER 18—Judgments, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors18.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 18, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­018ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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. Currency Information