Oregon Statutes 18.358 – Certain retirement plans exempt from execution; exceptions
(1) As used in this section:
Terms Used In Oregon Statutes 18.358
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. See Oregon Statutes 18.005
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(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 to 95.310 concerning voidable transactions; and
(b) Unless otherwise ordered by a court under ORS § 25.387, 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 to 25.556 or ORS Chapter 25, 107, 108, 109, 110, 419B or 419C. [Formerly 23.170; 2011 c.317 § 5; 2019 c.13 § 3; 2023 c.83 § 15]
[Amended by 1983 c.405 § 4; 1983 c.696 § 32a; 1985 c.343 § 3; 1987 c.586 § 5; 1993 c.716 § 1; 1993 c.763 § 6; 1995 c.79 § 5; 1997 c.801 § 103; 1999 c.788 § 22; repealed by 2003 c.576 § 580]