§ 21-2602.15 — Retirement plans.

District of Columbia § 21-2602.15

• Jurisdiction: District of Columbia
• Title 21: Fiduciary Relations and Persons with Mental Illness. [Enacted title]
• Ch. 26: Uniform Power of Attorney Act.
• Subch. II: Authority.

Text

(a) For the purposes of this section, the term "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 the following plans or accounts:

(1) An individual retirement account under 26 U.S.C. § 408;

(2) A Roth individual retirement account under 26 U.S.C. § 408A;

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

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

(5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. [§] 401(a);

(6) A plan under 26 U.S.C. § 457(b); and

(7) A nonqualified deferred compensation plan under 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:

(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.