Section 215 – 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 Internal Revenue Code:
  • (a) an individual retirement account under Section 408, Internal Revenue Code;
  • (b) a Roth individual retirement account under Section 408A, Internal Revenue Code;
  • (c) a deemed individual retirement account under Section 408(q), Internal Revenue Code;
  • (d) an annuity or mutual fund custodial account under Section 403(b), Internal Revenue Code;
  • (e) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Section 401(a), Internal Revenue Code;
  • (f) a plan under Section 457(b), Internal Revenue Code; and
  • (g) a nonqualified deferred compensation plan under Section 409A, Internal Revenue Code.

• (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;
  • (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.

Enacted by Chapter 256, 2016 General Session