Current through 2024 Act No. 225.
Section 62-8-215 - Retirement plans(a) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:(1) an individual retirement account under Internal Revenue Code 26 U.S.C. Section 408, as amended;(2) a Roth individual retirement account under Internal Revenue Code 26 U.S.C. Section 408A, as amended;(3) a deemed individual retirement account under Internal Revenue Code 26 U.S.C. Section 408(q), as amended;(4) an annuity or mutual fund custodial account under Internal Revenue Code 26 U.S.C. Section 403(b), as amended;(5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code 26 U.S.C. Section 401(a), as amended;(6) a plan under Internal Revenue Code 26 U.S.C. Section 457(b), as amended; and(7) a nonqualified deferred compensation plan under Internal Revenue Code 26 U.S.C. Section 409A, as amended.(b) Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:(1) select the form and timing of payments under a retirement plan, including election of survivor benefits, and withdraw benefits from a plan;(2) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;(3) establish a retirement plan in the principal's name;(4) make contributions to a retirement plan;(5) exercise investment powers available under a retirement plan; and(6) borrow from, sell assets to, or purchase assets from a retirement plan.Added by 2016 S.C. Acts, Act No. 279 (SB 778), s 1, eff. 1/1/2017.