W. Va. Code § 39B-2-115
This is the official text of W. Va. Code § 39B-2-115, part of West Virginia’s Va. Code — part of the compiled statutory law of West Virginia, published by the state as "Va. Code." Browse the sections below, each linked to its official government source.
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§39B-2-115. Retirement plans.
Official statutory text
(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:
(1) An individual retirement account under Internal Revenue Code, 26 U. S. C. §408;
(2) A Roth individual retirement account under Internal Revenue Code, 26 U. S. C. §408A;
(3) A deemed individual retirement account under Internal Revenue Code, 26 U. S. C. §408(q);
(4) An annuity or mutual fund custodial account under Internal Revenue Code, 26 U. S. C. §403(b);
(5) A pension, profit-sharing, stock bonus or other retirement plan qualified under Internal Revenue Code, 26 U. S. C. §401(a);
(6) A plan under Internal Revenue Code, 26 U. S. C. §457(b); and
(7) A nonqualified deferred compensation plan under Internal Revenue Code, 26 U. S. C. §409A.
(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.
(1) An individual retirement account under Internal Revenue Code, 26 U. S. C. §408;
(2) A Roth individual retirement account under Internal Revenue Code, 26 U. S. C. §408A;
(3) A deemed individual retirement account under Internal Revenue Code, 26 U. S. C. §408(q);
(4) An annuity or mutual fund custodial account under Internal Revenue Code, 26 U. S. C. §403(b);
(5) A pension, profit-sharing, stock bonus or other retirement plan qualified under Internal Revenue Code, 26 U. S. C. §401(a);
(6) A plan under Internal Revenue Code, 26 U. S. C. §457(b); and
(7) A nonqualified deferred compensation plan under Internal Revenue Code, 26 U. S. C. §409A.
(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.
Status: in_force · Read it on the official government site
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