Current through the 2024 Legislative Session
Section 551E-45 - 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 of 1986, as amended:(1) An individual retirement account under Internal Revenue Code section 408, title 26 United States Code section 408, as amended;(2) A Roth individual retirement account under Internal Revenue Code section 408A, title 26 United States Code section 408A, as amended;(3) A deemed individual retirement account under Internal Revenue Code section 408(q), title 26 United States Code section 408(q), as amended;(4) An annuity or mutual fund custodial account under Internal Revenue Code section 403(b), title 26 United States Code section 403(b), as amended;(5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code section 401(a), title 26 United States Code section 401(a), as amended;(6) A plan under Internal Revenue Code section 457(b), title 26 United States Code section 457(b), as amended; and(7) A nonqualified deferred compensation plan under Internal Revenue Code section 409A, title 26 United States Code section 409A, as amended.(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans shall authorize the agent to: (1) Select the form and timing of payments under a retirement plan 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 L 2014, c 22,§ 1, eff. 4/17/2014.