Public Employees Retirement System

ORS 238.447
Execution or assignment of benefits to collect restitution or compensatory fine for felony


(1)

Notwithstanding ORS 238.445 (Benefits exempt from execution, bankruptcy and certain taxes), any retirement allowance, pension payment, lump sum payment or other distribution payable under this chapter or ORS chapter 238A to a person convicted of a felony is subject to execution, garnishment, attachment or other process to collect, and may be assigned to satisfy, the portion of a money award described in subsection (2) of this section that is included in a judgment entered in the criminal action as provided in ORS 18.048 (Judgment in criminal action that contains money award).

(2)

Subsection (1) of this section applies only to the amount of a money award attributable to restitution ordered under ORS 137.106 (Restitution to victims) or a compensatory fine ordered under ORS 137.101 (Compensatory fine). [2013 s.s. c.3 §4]
Note: Section 6, chapter 3, Oregon Laws 2013 (special session), provides:
Sec. 6. Section 4 of this 2013 special session Act [238.447 (Execution or assignment of benefits to collect restitution or compensatory fine for felony)] and the amendments to ORS 238A.050 (Oregon Public Service Retirement Plan part of Public Employees Retirement System) by section 5 of this 2013 special session Act apply only to conduct resulting in a conviction of a felony that is committed on or after the effective date of this 2013 special session Act [October 8, 2013]. [2013 s.s. c.3 §6]
Chapter 238

Law Review Citations

96 OLR 249 (2017)


Source

Last accessed
Jun. 26, 2021