72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2491
 
                         Senate Bill 894
 
Sponsored by Senator DECKERT (at the request of Conestoga Middle
  School Community Organization)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that active or inactive member's interest in Public
Employees Retirement System is not exempt from execution issued
to enforce monetary obligation imposed under judgment of
conviction of felony that is related to member's employment by
participating public employer.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 238.445;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 238.445 is amended to read:
  238.445. (1) Except as provided in this section, the right of a
person to a pension, an annuity or a retirement allowance, to the
return of contribution, the pension, annuity or retirement
allowance itself, any optional benefit or death benefit, or any
other right accrued or accruing to any person under the
provisions of this chapter, and the money in the various funds
created by ORS 238.660 and 238.670, shall be exempt from
garnishment and all state, county and municipal taxes heretofore
or hereafter imposed, except as provided under ORS chapter 118,
shall not be subject to execution, garnishment, attachment or any
other process or to the operation of any bankruptcy or insolvency
law heretofore or hereafter existing or enacted, and shall be
unassignable.
  (2) Subsection (1) of this section does not apply to state
personal income taxation of amounts paid under this chapter.
  (3) Unless otherwise ordered by a court under ORS 25.387, the
exemption from execution or other process granted under this
section applies to 75 percent of amounts paid under this chapter
if the execution or other process is issued for a support
obligation or an order or notice entered or issued under ORS
chapter 25, 107, 108, 109, 110, 416, 419B or 419C.
   { +  (4) Notwithstanding subsection (1) of this section, the
value of an active or inactive member's interest in the system is
not exempt from execution issued to enforce a monetary obligation
imposed under a judgment of conviction of a felony that is
related to the member's employment by a participating public
employer. + }
 
  SECTION 2.  { + The amendments to ORS 238.445 by section 1 of
this 2003 Act apply only to benefits accrued by an active or
inactive member of the Public Employees Retirement System on or
after the effective date of this 2003 Act. + }
  SECTION 3.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
                         ----------