(a) 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 of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time:
(1) An individual retirement account under 26 USC 408, as amended from time to time;
(2) A Roth individual retirement account under 26 USC 408A, as amended from time to time;
(3) A deemed individual retirement account under 26 USC 408(q), as amended from time to time;
(4) An annuity or mutual fund custodial account under 26 USC 403(b), as amended from time to time;
(5) A pension, profit sharing, stock bonus or other retirement plan qualified under 26 USC 401(a), as amended from time to time;
(6) A plan under 26 USC 457(b), as amended from time to time; and
(7) A nonqualified deferred compensation plan under 26 USC 409A, as amended from time to time.
(b) 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:
(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.
(P.A. 15-240, S. 38; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 38, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
Structure Connecticut General Statutes
Title 1 - Provisions of General Application
Section 1-350. - Short title: Connecticut Uniform Power of Attorney Act.
Section 1-350a. - Definitions.
Section 1-350b. - Applicability.
Section 1-350c. - Power of attorney is durable.
Section 1-350d. - Execution of power of attorney.
Section 1-350e. - Validity of power of attorney.
Section 1-350f. - Meaning and effect of power of attorney.
Section 1-350g. - Nomination of conservator in power of attorney.
Section 1-350h. - When power of attorney effective.
Section 1-350i. - Termination of power of attorney or agent's authority.
Section 1-350j. - Coagents and successor agents.
Section 1-350k. - Reimbursement and compensation of agent.
Section 1-350l. - Agent's acceptance.
Section 1-350m. - Agent's duties.
Section 1-350n. - Exoneration of agent.
Section 1-350o. - Judicial relief.
Section 1-350p. - Agent's liability.
Section 1-350q. - Agent's resignation. Notice.
Section 1-350r. - Acceptance of and reliance upon acknowledged power of attorney.
Section 1-350s. - Liability for refusal to accept acknowledged power of attorney.
Section 1-350t. - Principles of law and equity.
Section 1-350u. - Laws applicable to financial institutions or other entities.
Section 1-350v. - Remedies under other law.
Section 1-351. - Authority that requires specific grant. Grant of general authority.
Section 1-351a. - Incorporation of authority.
Section 1-351b. - Construction of authority, generally.
Section 1-351c. - General authority with respect to real property.
Section 1-351d. - General authority with respect to tangible personal property.
Section 1-351e. - General authority with respect to stocks and bonds.
Section 1-351f. - General authority with respect to commodities and options.
Section 1-351g. - General authority with respect to banks and other financial institutions.
Section 1-351h. - General authority with respect to operation of entity or business.
Section 1-351i. - General authority with respect to insurance and annuities.
Section 1-351j. - General authority with respect to estates, trusts and other beneficial interests.
Section 1-351k. - General authority with respect to claims and litigation.
Section 1-351l. - General authority with respect to personal and family maintenance.
Section 1-351n. - General authority with respect to retirement plans.
Section 1-351o. - General authority with respect to taxes.
Section 1-351p. - General authority with respect to gifts.
Section 1-352. - Power of attorney short form, long form and optional information form.
Section 1-352a. - Agent's certification.
Section 1-353. - Uniformity of application and construction.
Section 1-353a. - Relation to Electronic Signatures in Global and National Commerce Act.
Section 1-353b. - Effect on existing powers of attorney.
Section 1-362. - Validity of substitute decision-making document.
Section 1-363. - Meaning and effect of substitute decision-making document.
Section 1-364. - Reliance on substitute decision-making document.
Section 1-365. - Obligation to accept substitute decision-making document.
Section 1-366. - Remedies under other law.
Section 1-367. - Uniformity of application and construction.