§ 45-5B-215 — Retirement plans

New Mexico § 45-5B-215

• Jurisdiction: New Mexico
• Ch. 45: Uniform Probate Code
• Art. 5B: Uniform Power of Attorney

Text

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 a plan or account under the following sections of the Internal Revenue Code: (1) an individual retirement account under Section 408 of the Internal Revenue Code of 1986, as amended; (2) a Roth individual retirement account under Section 408A of the Internal Revenue Code of 1986, as amended; (3) a deemed individual retirement account under Section 408(q) of the Internal Revenue Code of 1986, as amended; (4) an annuity or mutual fund custodial account under Section 403(b) of the Internal Revenue Code of 1986, as amended; (5) a pension, profit-sharing, stock bonus or other retirement plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended; (6) a plan under Section 457(b) of the Internal Revenue Code of 1986, as amended; and (7) a nonqualified deferred compensation plan under Section 409A of the Internal Revenue Code of 1986, as amended. 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.

Legislative History

Laws 2007, ch. 135, § 215; 1978 Comp., § 46B-1-215 recompiled as § 45-5B-