Colorado § 38-13-202 When tax-deferred retirement account presumed abandoned

Colorado Statutes

§ 38-13-202 — When tax-deferred retirement account presumed abandoned

Colorado·Title 38 Property -·Art. Revised Uniform Unclaimed Property Act

(1)Subject to section 38-13-210, property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after it becomes payable or distributable if the owner has not accepted the distribution, corresponded in writing concerning the distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or the administrator of the plan under which the trust or fund is established.

(2)If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subsection (1)(b) of this section applies, the holder shall

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(1) Subject to section 38-13-210, property held in a pension account or retirement
account that qualifies for tax deferral under the income tax laws of the United
States is presumed abandoned if it is unclaimed by the apparent owner three years
after it becomes payable or distributable if the owner has not accepted the
distribution, corresponded in writing concerning the distribution, or otherwise
indicated an interest as evidenced by a memorandum or other record on file with
the fiduciary of the trust or custodial fund or the administrator of the plan under
which the trust or fund is established.

(2) If a holder in the ordinary course of its business receives notice or an
indication of the death of an apparent owner and subsection (1)(b) of this section
applies, the holder shall attempt not later than ninety days after receipt of the
notice or indication to confirm whether the apparent owner is deceased.

(3) and (4) Repealed.

Colorado § 38-13-202 (When tax-deferred retirement account presumed abandoned) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 415, � 1, effective July 1, 2020. L. 2025: (1) amended and (3) and (4) repealed, (HB 25-1224), ch. 440, p. 2533, � 4, effective June 4.