Bresnan v. Bresnan

The Public Employees Retirement System (PERS) seeks reversal of the order of the circuit court requiring that PERS withhold $140 per month from the retirement benefits payable to defendant George Bresnan and pay it over to plaintiff to apply on delinquent support payments.

The sole issue as framed by the parties is whether ORS 237.201 1 and 23.170 2 exempt pension funds from legal process for the collection of delinquent support payments pursuant to ORS 23.777. 3 We hold that the exemption applies, and therefore reverse.

The facts are not in dispute. Defendant Bresnan is entitled to a monthly…