Montana Code 72-31-350. Retirement plans
72-31-350. Retirement plans. (1) 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:
Terms Used In Montana Code 72-31-350
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See Montana Code 72-31-302
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Montana Code 72-31-302
- Principal: means an individual who grants authority to an agent in a power of attorney. See Montana Code 72-31-302
(a)an individual retirement account under section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(b)a Roth individual retirement account under section 408A of the Internal Revenue Code, 26 U.S.C. § 408A;
(c)a deemed individual retirement account under section 408(q) of the Internal Revenue Code, 26 U.S.C. § 408(q);
(d)an annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code, 26 U.S.C. § 403(b);
(e)a pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a);
(f)a deferred compensation plan under section 457(b) of the Internal Revenue Code, 26 U.S.C. § 457(b); and
(g)a nonqualified deferred compensation plan under section 409A of the Internal Revenue Code, 26 U.S.C. § 409A.
(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, and purchase assets from a retirement plan.