Effective: March 22, 2012
Latest Legislation: Senate Bill 117 - 129th General Assembly
(A) As used 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 any of the following plans or accounts:
(1) An individual retirement account under section 408 of the Internal Revenue Code of 1986, 26 U.S.C. 408;
(2) A Roth individual retirement account under section 408A of the Internal Revenue Code of 1986, 26 U.S.C. 408A;
(3) A deemed individual retirement account under section 408(q) of the Internal Revenue Code of 1986, 26 U.S.C. 408(q);
(4) An annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code of 1986, 26 U.S.C. 403(b);
(5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, 26 U.S.C. 401(a);
(6) A plan under section 457(b) of the Internal Revenue Code of 1986, 26 U.S.C. 457(b);
(7) A nonqualified deferred compensation plan under section 409A of the Internal Revenue Code of 1986, 26 U.S.C. 409A.
(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 do all of the following:
(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;
(6) Borrow from, sell assets to, or purchase assets from a retirement plan.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1337 | Power of Attorney
Section 1337.01 | Power of Attorney.
Section 1337.02 | Form and Effect of Power of Attorney.
Section 1337.03 | Validity of Certain Acts of Attorney in Fact.
Section 1337.04 | Recording of Power of Attorney.
Section 1337.05 | Revocation of Power of Attorney Must Be Recorded.
Section 1337.06 | Execution and Evidence of Power of Attorney.
Section 1337.07 | Admission of Power of Attorney to Record.
Section 1337.08 | Record of Power of Attorney Authorizing Transfer of Personal Property.
Section 1337.092 | Personal Liability.
Section 1337.10 | Fees of Recorder - Microfilm Process.
Section 1337.11 | Durable Power of Attorney for Health Care Definitions.
Section 1337.12 | Formality of Execution.
Section 1337.13 | Authority of Attorney in Fact Under a Durable Power of Attorney for Health Care.
Section 1337.16 | Duties of Health Care Providers.
Section 1337.17 | Printed Form - Durable Power of Attorney for Health Care.
Section 1337.21 | Short Title.
Section 1337.22 | Definitions.
Section 1337.23 | Applicability.
Section 1337.24 | Power of Attorney Is Durable.
Section 1337.25 | Execution of Power of Attorney.
Section 1337.26 | Validity of Power of Attorney.
Section 1337.27 | Meaning and Effect of Power of Attorney.
Section 1337.28 | Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary.
Section 1337.29 | When Power of Attorney Effective.
Section 1337.30 | Termination of Power of Attorney or Agent's Authority.
Section 1337.31 | Coagents and Successor Agents.
Section 1337.32 | Reimbursement and Compensation of Agent.
Section 1337.33 | Agent's Acceptance.
Section 1337.34 | Agent's Duties.
Section 1337.35 | Exoneration of Agent.
Section 1337.36 | Judicial Relief.
Section 1337.37 | Agent's Liability.
Section 1337.38 | Agent's Resignation; Notice.
Section 1337.39 | Principles of Law and Equity.
Section 1337.40 | Conflict of Laws.
Section 1337.41 | Remedies Under Other Law.
Section 1337.42 | Authority That Requires Specific Grant; Grant of General Authority.
Section 1337.43 | Incorporation of Authority.
Section 1337.44 | Construction of Authority Generally.
Section 1337.45 | Real Property.
Section 1337.46 | Tangible Personal Property.
Section 1337.47 | Stocks and Bonds.
Section 1337.48 | Commodities and Options.
Section 1337.49 | Banks and Other Financial Institutions.
Section 1337.50 | Operation of Entity or Business.
Section 1337.51 | Insurance and Annuities.
Section 1337.52 | Estates, Trusts, and Other Beneficial Interests.
Section 1337.53 | Claims and Litigation.
Section 1337.54 | Personal and Family Maintenance.
Section 1337.55 | Benefits From Governmental Programs or Civil or Military Service.
Section 1337.56 | Retirement Plans.
Section 1337.571 | Digital Assets.
Section 1337.59 | Construction Under Former Law.
Section 1337.60 | Statutory Form Power of Attorney.
Section 1337.61 | Agent's Certification.
Section 1337.62 | Uniformity of Application and Construction.
Section 1337.63 | Relation to Electronic Signatures in Global and National Commerce Act.