Title 10. COMMERCE AND TRADE · Chapter 6B. GEORGIA POWER OF ATTORNEY · Article 2. AUTHORITY OF AGENT
10-6B-54. Retirement plans.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (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)
An individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. Section 408, in effect on February 1, 2018;#
- (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)
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)
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)
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)
A plan under Internal Revenue Code Section 457(b), 26 U.S.C. Section 457(b), in effect on February 1, 2018; and#
- (7)
A nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. Section 409A, in effect on February 1, 2018.#
- (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)
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.#
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.
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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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