657.855
Benefits not assignable; waiver of rights invalid. (1) Except as provided in this
section, benefits due under this chapter may not be assigned, pledged,
encumbered, released or commuted. Benefits due under this chapter shall, except
as otherwise provided in this chapter, be exempt from all claims of creditors
and from levy, execution and attachment or remedy for recovery or collection of
a debt, and the exemption may not be waived. No agreement by an individual to
waive the individual’s rights under this chapter is valid.
(2) The exemption
from execution or other process granted under this section applies to only 50
percent of benefits payable under this chapter if the execution or other
process is issued for a child support obligation or an order or notice entered
pursuant to ORS chapter 25, 107, 108, 109, 110, 419B or 419C and the child
support obligation or the order or notice is being enforced pursuant to a plan
approved under Title IV-D of the Social Security Act. [Amended by 1982 s.s.1
c.30 §10; 1989 c.520 §3; 1991 c.115 §2; 1999 c.745 §6; 2003 c.572 §20; 2011
c.317 §3; 2019 c.13 §63; 2025 c.99 §69]
Notes of Decisions
Hughes v. State of Oregon, 838 P.2d 1018 (Or. 1992).
· cites it 2× “234 (workers' compensation benefits generally exempt from execution or other process); ORS 657.855 (unemployment compensation exempt from execution); ORS 748.”
Veneer v. Emp. Div., 804 P.2d 1174 (Or. Ct. App. 1991).
· cites it 2× “Moreover, ORS 657.855 provides, as relevant, that "[n]o agreement by an individual to waive the individual's rights under this chapter is valid.”
Salahub v. Montgomery Ward & Co., 599 P.2d 1210 (Or. Ct. App. 1979).
“760 (assistance grants) and ORS 657.855 (unemployment compensation). The informal notice of garnishment sent to plaintiff by her bank did not inform her of the availability of any exemptions or the process by which she could obtain an exemption.”
Teledyne Wah Chang Albany v. Emp. Div., 728 P.2d 26 (Or. 1986).
· cites it 2× “ORS 657.855 provides in part: “No agreement by an individual to waive the individual’s rights under this chapter is valid.”
Phillip Charles Leavell (Bankr. D. Or. 2025).
· cites it 2× “760 (public and medical assistance); ORS 657.855 (unemployment); 20 C.F.R. 725.”
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