2017 New Hampshire Revised Statutes
Title LVI - PROBATE COURTS AND DECEDENTS' ESTATES
Chapter 564-E - UNIFORM POWER OF ATTORNEY ACT
Section 564-E:215 - Retirement Plans.


[RSA 564-E:215 effective January 1, 2018.]
    564-E:215 Retirement Plans. –
    (a) 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 Internal Revenue Code section 408, 26 U.S.C. section 408, as amended;
       (2) a Roth individual retirement account under Internal Revenue Code section 408A, 26 U.S.C. section 408A, as amended;
       (3) a deemed individual retirement account under Internal Revenue Code section 408(q), 26 U.S.C. section 408(q), as amended;
       (4) an annuity or mutual fund custodial account under Internal Revenue Code section 403(b), 26 U.S.C. section 403(b), as amended;
       (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), as amended;
       (6) a plan under Internal Revenue Code section 457(b), 26 U.S.C. section 457(b), as amended; and
       (7) a nonqualified deferred compensation plan under Internal Revenue Code section 409A, 26 U.S.C. section 409A, 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.

Source. 2017, 178:1, eff. Jan. 1, 2018.

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