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Current as of January 01, 2022 | Updated by FindLaw Staff
1. Definition. 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 federal Internal Revenue Code:
A. An individual retirement account under 26 United States Code, Section 408, as amended;
B. A Roth individual retirement account under 26 United States Code, Section 408A, as amended;
C. A deemed individual retirement account under 26 United States Code, Section 408(q), as amended;
D. An annuity or mutual fund custodial account under 26 United States Code, Section 403(b), as amended;
E. A pension, profit-sharing, stock bonus or other retirement plan qualified under 26 United States Code, Section 401(a), as amended;
F. A plan under 26 United States Code, Section 457(b), as amended; and
G. A nonqualified deferred compensation plan under 26 United States Code, Section 409A, as amended.
2. General authority. 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:
A. Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
B. Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
C. Establish a retirement plan in the principal's name;
D. Make contributions to a retirement plan;
E. Exercise investment powers available under a retirement plan; and
F. Borrow from, sell assets to or purchase assets from a retirement plan.
Cite this article: FindLaw.com - Maine Revised Statutes Title 18-C. Probate Code § 5-945. Retirement plans - last updated January 01, 2022 | https://codes.findlaw.com/me/title-18-c-probate-code/me-rev-st-tit-18-c-sect-5-945/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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