Chapter 162 Oregon Laws 1999

Session Law

AN ACT

HB 2318

Relating to exemptions from execution; creating new provisions; and amending ORS 23.170 and section 146, chapter 746, Oregon Laws 1997.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 23.170 is amended to read:

23.170. (1) As used in this section:

(a) "Beneficiary" means a person for whom retirement plan benefits are provided and their spouse.

(b) "Internal Revenue Code" means the federal Internal Revenue Code as amended and in effect on December 31, [1987] 1998.

(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; [and]

(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

[(E)] (F) Any earnings under a retirement plan which are attributable to a contribution described in subparagraphs (A) to [(D)] (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 which 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 fraudulent transfers; and

(b) A beneficiary's interest in a retirement plan shall not be exempt from execution or other process arising out of a support obligation or an order or notice entered or issued under ORS 25.060, 25.311, 25.314, 110.300 to 110.441, 419B.408 or 419C.600.

SECTION 2. Section 146, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 146. (1) As used in this section:

(a) "Beneficiary" means a person for whom retirement plan benefits are provided and their spouse.

(b) "Internal Revenue Code" means the federal Internal Revenue Code as amended and in effect on December 31, [1987] 1998.

(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; [and]

[(E)] (F) Any earnings under a retirement plan which are attributable to a contribution described in subparagraphs (A) to [(D)] (E) of this paragraph.

(d) "Retirement plan" means:

(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

(e) "Sponsor" means an individual or entity which establishes a retirement plan.

(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 fraudulent transfers; and

(b) A beneficiary's interest in a retirement plan shall not be exempt from execution or other process arising out of a support obligation or an order or notice entered or issued under ORS 419B.408 or 419C.600 or section 3, 4 or 56 to 114, chapter 746, Oregon Laws 1997 [of this Act].

SECTION 3. Nothing in the amendments to ORS 23.170 or section 146, chapter 746, Oregon Laws 1997, by section 1 or 2 of this 1999 Act affects the operative-in-lieu or repealing provisions of section 1, chapter 746, Oregon Laws 1997.

SECTION 4. The amendments to ORS 23.170 and section 146, chapter 746, Oregon Laws 1997, by sections 1 and 2 of this 1999 Act apply only to executions issued on or after the effective date of this 1999 Act.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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