2007 ORS 238.445¹
Benefits exempt from execution, bankruptcy and certain taxes
  • exceptions

(1) Except as provided in this section, the right of a person to a pension, an annuity or a retirement allowance, to the return of contribution, the pension, annuity or retirement allowance itself, any optional benefit or death benefit, or any other right accrued or accruing to any person under the provisions of this chapter or ORS chapter 238A, and the money in the various funds created by ORS 238.660 (Fund generally) and 238.670 (Reserve accounts in fund), shall be exempt from garnishment and all state, county and municipal taxes heretofore or hereafter imposed, except as provided under ORS chapter 118, shall not be subject to execution, garnishment, attachment or any other process or to the operation of any bankruptcy or insolvency law heretofore or hereafter existing or enacted, and shall be unassignable.

(2) Subsection (1) of this section does not apply to state personal income taxation of amounts paid under this chapter and ORS chapter 238A.

(3) Unless otherwise ordered by a court under ORS 25.387 (Withholding more than amount authorized by law), the exemption from execution or other process granted under this section applies to 75 percent of amounts paid under this chapter and ORS chapter 238A if the execution or other process is issued for a support obligation or an order or notice entered or issued under ORS chapter 25, 107, 108, 109, 110, 416, 419B or 419C. [Formerly 237.201; 1999 c.80 §86; 1999 c.745 §3; 2003 c.733 §52]

Notes of Decisions

Trial court could not award wife one-half of husband's accrued retire­ment benefits in Public Employes' Retire­ment System, because court could only enforce decree by requiring husband to assign one-half interest in retire­ment fund to wife, and such assign­ment is prohibited by this sec­tion. Monaghan and Monaghan, 45 Or App 535, 609 P2d 822 (1980)

Tax exemp­tion provided in this sec­tion before 1991 amend­ment contractually obligated state not to tax "accrued and accruing" PERS retire­ment benefits. Hughes v. State of Oregon, 314 Or 1, 838 P2d 1018 (1992)

Law Review Cita­tions

72 OLR 487 (1993)

1 Legislative Counsel Committee, CHAPTER 238—Public Employees Retirement System, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­238.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 238, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­238ano.­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.