Section 15-14-738 - Retirement plans(1) 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 federal "Internal Revenue Code of 1986", as amended: (a) An individual retirement account under Internal Revenue Code section 408, 26 U.S.C. sec. 408, as amended;(b) A Roth individual retirement account under Internal Revenue Code section 408A, 26 U.S.C. sec. 408A, as amended;(c) A deemed individual retirement account under Internal Revenue Code section 408 (q), 26 U.S.C. sec. 408(q), as amended;(d) An annuity or mutual fund custodial account under Internal Revenue Code section 403 (b), 26 U.S.C. sec. 403(b), as amended;(e) A pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code section 401 (a), 26 U.S.C. sec. 401(a), as amended;(f) A plan under Internal Revenue Code section 457 (b), 26 U.S.C. sec. 457(b), as amended; and(g) A nonqualified deferred compensation plan under Internal Revenue Code section 409A, 26 U.S.C. sec. 409A, as amended.(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to: (a) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;(b) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;(c) Establish a retirement plan in the principal's name and designate a beneficiary that will be the estate of the principal;(d) Make contributions to a retirement plan;(e) Exercise investment powers available under a retirement plan; and(f) Borrow from, sell assets to, or purchase assets from a retirement plan.L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 409, §1, effective April 9.OFFICIAL COMMENT
This section, based on Section 15 of the Uniform Statutory Form Power of Attorney Act, has been substantially updated to reflect changes in the laws governing retirement plans. A significant departure from the Uniform Statutory Form Power of Attorney Act is the deletion of default authority in the agent to waive the right of the principal to be a beneficiary of a joint or survivor annuity (see Unif. Statutory Form Power of Atty. Act § 15 (1988)). Under this Act, the authority to waive the principal's right to be a beneficiary of a joint and survivor annuity must be given by a specific grant pursuant to Section 15-14-724(1).