HRS §551E-45
What an agent can do with retirement plans
This section explains what an agent can do with retirement plans if the power of attorney gives general authority over them. It lists the types of retirement plans covered and the actions the agent may take, unless the power of attorney says otherwise.
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The statute, as written — ‑45] 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 of 1986, as amended: (1) An individual retirement account under Internal Revenue Code section 408, title 26 United States Code section 408, as amended; (2) A Roth individual retirement account under Internal Revenue Code section 408A, title 26 United States Code section 408A, as amended; (3) A deemed individual retirement account under Internal Revenue Code section 408(q), title 26 United States Code section 408(q), as amended; (4) An annuity or mutual fund custodial account under Internal Revenue Code section 403(b), title 26 United States Code section 403(b), as amended; (5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code section 401(a), title 26 United States Code section 401(a), as amended; (6) A plan under Internal Revenue Code section 457(b), title 26 United States Code section 457(b), as amended; and (7) A nonqualified deferred compensation plan under Internal Revenue Code section 409A, title 26 United States Code 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 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.
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