ORS 18.358
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 or 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 that 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 that 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, or 50 percent of a lump sum retirement plan disbursement or withdrawal, shall be exempt from execution or other process arising out of a support obligation or an order or notice entered or issued under ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) or ORS chapter 25, 107, 108, 109, 110, 419B or 419C. [Formerly 23.170; 2011 c.317 §5; 2019 c.13 §3]

Source: Section 18.358 — Certain retirement plans exempt from execution; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors018.­html.

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)

18.005
Definitions 18.015
Statutory references to decrees and judgments 18.025
Courts subject to chapter 18.028
Authority of Chief Justice 18.029
Effect of chapter on use of judgment 18.031
Contents of supplemental judgments 18.035
Preparation of judgment document 18.038
Form of judgment document generally 18.042
Judgment in civil action that includes money award 18.048
Judgment in criminal action that contains money award 18.049
Adjustments to money awards 18.052
Duty of judge with respect to form of judgment document 18.058
Duty of court administrator with respect to form of judgment document 18.062
Use of electronic judgment forms 18.075
Entry of judgments in circuit courts generally 18.078
Notice of entry of judgment in circuit court civil action 18.082
Effect of entry of judgment 18.107
Corrections to civil judgments 18.112
Correction of designation of judgment as general judgment 18.150
Judgment liens in circuit courts 18.152
Establishing judgment liens in other counties 18.154
Appeal 18.158
Judgment lien based on judgment for child support or spousal support entered in another state 18.162
Judgment lien based on justice and municipal court judgments 18.165
Priority of judgment lien over unrecorded conveyance 18.170
Form for lien record abstract 18.180
Expiration of judgment remedies in circuit court 18.182
Extension of judgment remedies 18.185
Extension of judgment lien of spousal support award 18.190
Spousal support awards in judgments entered before January 1, 2004 18.194
Expiration and extension of judgment remedies for justice and municipal court judgments 18.200
Release of lien 18.202
Reinstatement of lien 18.205
Assignment of judgment 18.225
Satisfaction of money awards generally 18.228
Satisfaction of support awards payable to Department of Justice 18.232
Alternate method for satisfaction of support awards payable to Department of Justice 18.235
Motion to satisfy money award 18.238
Proceedings after discharge in bankruptcy 18.242
Contribution among judgment debtors 18.245
Jurisdictional requirements 18.252
Execution 18.255
Enforcement of judgment by circuit court for county where debtor resides 18.265
Debtor examination 18.268
Conduct of debtor examination 18.270
Written interrogatories 18.300
Resident entitled to use federal exemptions or state exemptions in bankruptcy 18.305
Property not exempt from execution for purchase price 18.312
Execution not to issue against property of deceased party 18.318
Execution against property in possession or control of public officer or agency 18.322
Adjudication of claim of exemption 18.345
Exempt personal property generally 18.348
Certain funds exempt when deposited in account 18.352
Proceeds of casualty and indemnity insurance attachable on execution 18.358
Certain retirement plans exempt from execution 18.362
Exemption for firearms 18.364
Prohibition on demanding firearms 18.375
Definitions 18.385
Wage exemption 18.395
Homestead exemption 18.398
Denial of homestead exemption when judgment is for child support 18.402
Limitations on homestead exemption 18.406
Exemption not applicable to certain liens, mortgages and interests 18.412
Notice of intent to discharge judgment lien against homestead 18.415
Objections to discharge 18.422
Release of judgment lien 18.600
Definitions 18.602
Garnishment described 18.605
Debts subject to garnishment 18.607
Form of writ 18.609
Validity of writ after issuance 18.610
Court with authority over writ 18.615
Garnishable property generally 18.618
Property not subject to garnishment 18.620
Setoff for certain amounts payable to underlying lienholders 18.625
Duration of writ’s effect 18.627
Multiple writs 18.635
Who may issue writs 18.638
Writs issued by court administrators generally 18.640
Grounds for denying issuance of writ 18.645
Writs issued by Division of Child Support or district attorney 18.650
Items required to be delivered to garnishee 18.652
Manner of delivery 18.655
Proper person to receive writ 18.658
Documents to be delivered to debtor 18.665
Duties generally 18.668
Immunity by payment to court administrator or delivery to sheriff 18.670
Exceptions to garnishee’s duties 18.672
Duties of personal representative who is garnished 18.680
Response required 18.682
When response not required 18.685
Contents of response 18.688
Response of garnishee who is employer of debtor 18.690
Delivery of garnishee response 18.692
Supplemental garnishee response 18.700
Manner of making challenge to garnishment 18.702
Notice to garnishor and garnishee of challenge to garnishment 18.705
Duties of garnishor and creditor created by challenge to garnishment 18.708
Duties of garnishee created by challenge to garnishment 18.710
Hearing on challenge to garnishment 18.712
Allowance or denial of challenge 18.715
Sanctions 18.718
Special procedures for writs issued for past due support 18.725
Claim by person other than debtor for all or part of garnished property 18.730
Payment of money under writ 18.732
Money owed to debtor that is due within 45 days 18.735
Payment of wages subject to garnishment 18.736
Processing fee 18.738
Acceptance or rejection of payments by court administrator 18.740
Payments erroneously sent to court 18.742
Crediting of payments against debt 18.745
Excess payments 18.750
Application of ORS 18.750 to 18.760 18.752
Garnishee duties 18.755
Request for sale 18.758
Sheriff’s sale 18.760
Challenge to garnishment 18.770
Release of garnishment 18.775
Liability of garnishee 18.778
Order to appear 18.780
Pleadings 18.782
Hearing 18.784
Certain financial institution deposits not subject to garnishment 18.785
Duties of financial institution 18.787
Liability of financial institution 18.788
Compliance records 18.790
Search fee 18.792
Safe deposit boxes 18.795
Setoff for amounts owing to financial institution 18.798
Effect of garnishment served on financial institution 18.800
Special procedures for writs issued to enforce agency orders or warrants 18.810
Use of writ for provisional process 18.830
Writ of garnishment form 18.832
Debt calculation form 18.835
Garnishee response form 18.838
Instructions to garnishee form 18.840
Wage exemption calculation form 18.842
Release of garnishment form 18.845
Notice of exemptions form 18.847
Notice to debtor of garnishment account review 18.850
Challenge to garnishment form 18.854
Notices of garnishment generally 18.855
Notices of garnishment issued by state agencies 18.857
Notice of garnishment issued by county tax collector 18.860
Function of writ 18.862
Form of writ 18.865
Court administrator to issue writ 18.867
Issuance of writs for certain judgments awarding child support 18.868
Sheriff to whom writ is issued 18.870
Recording of writ 18.872
Return on writ of execution 18.875
Instructions to sheriff 18.878
Manner of levying on property 18.880
Alternative procedure for levying on tangible personal property 18.882
Criminal penalty for moving, using or damaging secured property 18.884
Levying on intangible personal property 18.886
Creditor’s bond 18.887
Forcible entry for purpose of levying on personal property 18.888
Notice of levy 18.890
Debtor’s bond 18.892
Challenge to writ of execution 18.894
Notice of challenge to execution 18.896
Challenge to execution form 18.898
Hearing on challenge to execution 18.899
Sanctions 18.901
Definition of residential property 18.904
Order required for sale of residential property 18.906
Motion for order authorizing sale of residential property 18.908
Notice of motion for order authorizing sale of residential property 18.912
Hearing on motion for order authorizing sale of residential property 18.918
Person entitled to written notice of sale 18.920
Notice of sale of personal property 18.922
Expedited sale of perishable personal property 18.924
Notice of sale of real property 18.926
Legal notices website 18.930
Conduct of sale generally 18.932
Postponement of sale 18.934
Amount of property to be sold 18.936
Bid by judgment creditor 18.938
Manner of payment 18.940
Bill of sale for personal property 18.942
Sheriff’s certificate of sale for real property 18.944
Notice of completed sale 18.946
Possession after sale 18.948
Confirmation of sale of real property 18.950
Delivery and distribution of proceeds 18.952
Effect of sale on judgment debtor’s or mortgagor’s title 18.954
Conduct of sale pursuant to court rule or terms of order or judgment 18.960
Definitions 18.962
Property that may be redeemed 18.963
Who may redeem 18.964
Time for redemption 18.965
Notice to seller before end of redemption period 18.966
Redemption amount payable to purchaser 18.967
Redemption amount payable to redemptioner 18.968
Setoff for rents, income and profits realized by certificate holder 18.970
Redemption notice 18.971
Objection to redemption notice 18.972
Response to redemption notice 18.973
Objection to response 18.975
Payment of redemption amount 18.978
Court proceedings on objections 18.980
Accounting 18.981
Manner of payment 18.982
Redemptioner must provide sheriff with address 18.983
Court may restrain waste 18.985
Sheriff’s deed 18.986
Manufactured dwellings and floating homes 18.987
Purchaser’s interest in land sale contract 18.988
Seller’s right to receive payments under land sale contract 18.989
Equitable interests in property 18.992
Referral of disputes to court 18.993
Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure 18.995
Owner not allowed to neglect foreclosed residential real property 18.999
Recovery of amounts related to attempts to recover debt or enforce judgment
Green check means up to date. Up to date

Current through early 2024

§ 18.358’s source at oregon​.gov