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BRESNAN v. BRESNAN

No. 344-450; CA 12500.

601 P.2d 851 (1979)

42 Or.App. 739

Mildred BRESNAN, Respondent, v. George BRESNAN, Defendant, State of Oregon Public Employees Retirement System, Appellant.

Court of Appeals of Oregon.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Helen T. Smith, Portland, argued the cause for respondent. With her on the brief were Harl H. Haas, Dist. Atty. and Dale W. Conn, Senior Deputy Dist. Atty., Domestic Relations, Portland.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

BUTTLER, Judge.

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 237.2011 and 23.1702 exempt pension funds from legal process...

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