2007 ORS 87.855¹
Lien for contributions to employee benefit plan
  • priority

(1) Every employer who is required to pay contributions, by agreement or otherwise, into a fund of any employee benefit plan in order that the employer’s employee may participate therein, shall pay such contributions in the required amounts and at the stipulated time or each employee affected thereby shall have a lien on the earnings and on all property used in the operation of the employer’s business to the extent of the moneys plus any penalties due to be paid by or on the employee’s behalf in order to qualify the employee for participation therein, and for any moneys expended or obligations incurred for medical, hospital or other expenses to which the employee would have been entitled had such required contributions been paid.

(2) The lien described in this section shall have priority over all other liens and encumbrances which may attach after such lien is filed pursuant to ORS 87.860 (Filing of claim of lien) (1) and also shall have priority over all other liens and encumbrances which may have attached previous to that time, but which were not filed or recorded so as to create constructive notice thereof prior to that time, and of which the lien claimant has no notice. However, the lien described in this section shall not have priority over liens for labor performed or wages. [1963 c.604 §§1, 5; 1981 c.852 §8; 1985 c.774 §1]

Notes of Decisions

The benefit plan lien extends only to an employer's earnings or prop­erty owned by him which is used in the opera­tion of his business and not to real prop­erty in which an employer has no ownership. Pio v. ADCCO, Love's Enterprises, Inc./Kent, 267 Or 540, 517 P2d 1189 (1974)

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 87, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087ano.­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.