15-12-215. RETIREMENT PLANS. (1) In this section, "retirement plan" means any plan or account created by an employer, the principal or another individual for the purpose of providing 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 Internal Revenue Code section 408, 26 U.S.C. section 408, as amended;
(b) A Roth individual retirement account under Internal Revenue Code section 408A, 26 U.S.C. section 408A, as amended;
(c) A deemed individual retirement account under Internal Revenue Code section 408(q), 26 U.S.C. section 408(q), as amended;
(d) An annuity or mutual fund custodial account under Internal Revenue Code section 403(b), 26 U.S.C. section 403(b), as amended;
(e) A pension, profit-sharing, stock bonus or other retirement plan qualified under Internal Revenue Code section 401(a), 26 U.S.C. section 401(a), as amended;
(f) A plan under Internal Revenue Code section 457(b), 26 U.S.C. section 457(b), as amended; and
(g) A nonqualified deferred compensation plan under Internal Revenue Code section 409A, 26 U.S.C. section 409A, as amended.
(2) Unless a 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 (1) 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.
History:
[15-12-215, added 2008, ch. 186, sec. 2, p. 578.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 12 - UNIFORM POWER OF ATTORNEY ACT
Section 15-12-201 - AUTHORITY THAT REQUIRES SPECIFIC GRANT — GRANT OF GENERAL AUTHORITY.
Section 15-12-202 - INCORPORATION OF AUTHORITY.
Section 15-12-203 - CONSTRUCTION OF AUTHORITY GENERALLY.
Section 15-12-204 - REAL PROPERTY.
Section 15-12-205 - TANGIBLE PERSONAL PROPERTY.
Section 15-12-206 - STOCKS AND BONDS.
Section 15-12-207 - COMMODITIES AND OPTIONS.
Section 15-12-208 - BANKS AND OTHER FINANCIAL INSTITUTIONS.
Section 15-12-209 - OPERATION OF AN ENTITY OR BUSINESS.
Section 15-12-210 - INSURANCE AND ANNUITIES.
Section 15-12-211 - ESTATES, TRUSTS AND OTHER BENEFICIAL INTERESTS.
Section 15-12-212 - CLAIMS AND LITIGATION.
Section 15-12-213 - PERSONAL AND FAMILY MAINTENANCE.
Section 15-12-214 - BENEFITS FROM GOVERNMENTAL PROGRAMS OR CIVIL OR MILITARY SERVICE.