Retirement Plans.

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3-9-215. Retirement plans.

(a) 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:

(i) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;

(ii) Make a rollover including a direct trustee-to-trustee rollover of benefits from one (1) retirement plan to another;

(iii) Establish a retirement plan in the principal's name;

(iv) Make contributions to a retirement plan;

(v) Exercise investment powers available under a retirement plan;

(vi) Borrow from, sell assets to or purchase assets from a retirement plan.

(b) As used in this section, "retirement plan" means a plan or account created by an employer, the principal or another person 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:

(i) An individual retirement account under 26 U.S.C. section 408;

(ii) A Roth individual retirement account under 26 U.S.C. section 408A;

(iii) A deemed individual retirement account under 26 U.S.C. section 408(q);

(iv) An annuity or mutual fund custodial account under 26 U.S.C. section 403(b);

(v) A pension, profit sharing, stock bonus or other retirement plan qualified under 26 U.S.C. section 401(a);

(vi) A deferred compensation plan under 26 U.S.C. section 457(b);

(vii) A nonqualified deferred compensation plan under 26 U.S.C. section 409A.


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