Georgia Commons

Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 6B. GEORGIA POWER OF ATTORNEY · Article 2. AUTHORITY OF AGENT

10-6B-54. Retirement plans.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    As used in this Code 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 such principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:#

    1. (1)

      An individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. Section 408, in effect on February 1, 2018;#

    2. (2)

      A Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. Section 408A, in effect on February 1, 2018;#

    3. (3)

      A deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. Section 408(q), in effect on February 1, 2018;#

    4. (4)

      An annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. Section 403(b), in effect on February 1, 2018;#

    5. (5)

      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), in effect on February 1, 2018;#

    6. (6)

      A plan under Internal Revenue Code Section 457(b), 26 U.S.C. Section 457(b), in effect on February 1, 2018; and#

    7. (7)

      A nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. Section 409A, in effect on February 1, 2018.#

  2. (b)

    Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans shall authorize the agent to:#

    1. (1)

      Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;#

    2. (2)

      Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;#

    3. (3)

      Establish a retirement plan in the principal’s name;#

    4. (4)

      Make contributions to a retirement plan;#

    5. (5)

      Exercise investment powers available under a retirement plan; and#

    6. (6)

      Borrow from, sell assets to, or purchase assets from a retirement plan.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 10-6B-54, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 22/HB 897.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, pages 1120 to 1121; merge action: carried; file SHA-256 7afbade16da7.

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