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Utah Code § 75A-2-215

Retirement plans

Renumbered and Amended by Chapter 364, 2024 General Session

(1) 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:

(a) an individual retirement account under Section 408, Internal Revenue Code;

(b) a Roth individual retirement account under Section 408A, Internal Revenue Code;

(c) a deemed individual retirement account under Section 408(q), Internal Revenue Code;

(d) an annuity or mutual fund custodial account under Section 403(b), Internal Revenue Code;

(e) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Section 401(a), Internal Revenue Code;

(f) a plan under Section 457(b), Internal Revenue Code; and

(g) a nonqualified deferred compensation plan under Section 409A, Internal Revenue Code.

(2) 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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.