The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 127 : Vermont Uniform Power of Attorney Act

Subchapter 002 : AUTHORITY

• § 4045. Retirement plans

  (a) 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:

  (1) an individual retirement account under Internal Revenue Code § 408, 26 U.S.C. § 408, as amended;

  (2) a Roth individual retirement account under Internal Revenue Code § 408A, 26 U.S.C. § 408A, as amended;

  (3) a deemed individual retirement account under Internal Revenue Code § 408(q), 26 U.S.C. § 408(q), as amended;

  (4) an annuity or mutual fund custodial account under Internal Revenue Code § 403(b), 26 U.S.C. § 403(b), as amended;

  (5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code § 401(a), 26 U.S.C. § 401(a), as amended;

  (6) a plan under Internal Revenue Code § 457(b), 26 U.S.C. § 457(b), as amended; and

  (7) a nonqualified deferred compensation plan under Internal Revenue Code § 409A, 26 U.S.C. § 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. (Added 2023, No. 60, § 1, eff. July 1, 2023.)