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A. The Auditor shall recognize no power of Attorney or
assignment of wages, salary, disability or retirement benefits, reimbursement of
expenses or contributions, or any other monies owing a person by virtue of past
or present employment with the City, after the death of that person,
notwithstanding Section 5.12.030.
B. If the Auditor receives notice of garnishment (except from
the State Tax Commission of Oregon) or an order for payment of money into any
federal or state court in Oregon, which notice or order applies to wages, salary
or other monies due an employee of the City, and the employee is deceased or
dies at any time before return is made thereon, the Auditor shall hold all
monies pending further order of court and shall immediately notify the City
Attorney of the notice or order and of the employee’s death. Upon receipt
of this notice the City Attorney shall file a supplemental pleading in the case
wherein the garnishment or levy was undertaken, to advise the court of the
employee’s death and to obtain an order of court as to what disposition should
be made of the monies held by the Auditor. The procedure authorized herein
shall be followed notwithstanding Section 5.12.050.
C. The Auditor shall make a return upon any notice of levy
issued by the United States Treasury Department and any notice of garnishment
issued by the State Tax Commission of Oregon, of wages, salary or other monies
due an employee of the City, if the employee is living at the time the notice is
served. If the employee is deceased at the time the notice is served, the
Auditor shall:
1. Make payment as provided in Section 5.08.160, advising the
recipient thereof, in writing, of the existence of the tax lien; and
2. Notify the taxing authority, in writing, of the fact and
date of the employee’s death, the date and amount of the payment, the name and
address of the recipient thereof, and the recipient’s relationship to the
deceased. The procedure authorized herein shall be followed
notwithstanding Section 5.12.050.
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