Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 657.855

Benefits not assignable; waiver of rights invalid

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      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
Cited in 6 cases (1 in the last 5 years), 1979–2025 · leading case: Hughes v. State of Oregon
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Hughes v. State of Oregon (1992) or · 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. Employment Division (1991) orctapp · 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.”
Welker Ex Rel. Bradbury v. Teacher Standards & Practices Commission (1998) orctapp · cites it 2× “, ORS 657.855 (providing that "[n]o agreement by an individual to waive the individual's rights under [the unemployment compensation statutes] is valid.”
Salahub v. Montgomery Ward & Co. (1979) orctapp “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. Employment Division (1986) or · 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 (2025) orb · cites it 2× “760 (public and medical assistance); ORS 657.855 (unemployment); 20 C.F.R. 725.”
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