Benefits exempt from execution, bankruptcy and certain taxes
- exceptions
Source:
Section 238.445 — Benefits exempt from execution, bankruptcy and certain taxes; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors238.html
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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)