Current with changes through the 2024 First Special Legislative Session
Section 30-4038 - Retirement plans(1) For purposes of 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:(a) An individual retirement account under section 408 of the Internal Revenue Code, 26 U.S.C. 408;(b) A Roth individual retirement account under section 408A of the Internal Revenue Code, 26 U.S.C. 408A;(c) A deemed individual retirement account under section 408(q) of the Internal Revenue Code, 26 U.S.C. 408(q);(d) An annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code, 26 U.S.C. 403(b);(e) A pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. 401(a);(f) A plan under section 457(b) of the Internal Revenue Code, 26 U.S.C. 457(b); and(g) A nonqualified deferred compensation plan under section 409A of the Internal Revenue Code, 26 U.S.C. 409A.(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, including a beneficiary individual retirement plan;(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.Neb. Rev. Stat. §§ 30-4038
Laws 2012, LB 1113, § 38.