{"data":{"id":"us-mt/72-31-350","jurisdiction":"us-mt","citation":"72-31-350","heading":"Retirement plans.","body":"(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:\n(a) an individual retirement account under section 408 of the Internal Revenue Code, 26 U.S.C. 408;\n(b) a Roth individual retirement account under section 408A of the Internal Revenue Code, 26 U.S.C. 408A;\n(c) a deemed individual retirement account under section 408(q) of the Internal Revenue Code, 26 U.S.C. 408(q);\n(d) an annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code, 26 U.S.C. 403(b);\n(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);\n(f) a deferred compensation plan under section 457(b) of the Internal Revenue Code, 26 U.S.C. 457(b); and\n(g) a nonqualified deferred compensation plan under section 409A of the Internal Revenue Code, 26 U.S.C. 409A.\n(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:\n(a) select the form and timing of payments under a retirement plan and withdraw benefits from a plan;\n(b) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;\n(c) establish a retirement plan in the principal's name;\n(d) make contributions to a retirement plan;\n(e) exercise investment powers available under a retirement plan; and\n(f) borrow from, sell assets to, and purchase assets from a retirement plan.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 31. MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES","Part 3. Uniform Power of Attorney Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/section_0500/0720-0310-0030-0500.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:25Z","sha256":"afa327021776b26e2c4186abccfcaa2713f899d1aa3bee64812bc330d2362d38","source_id":"us-mt","stale":false,"prev":"us-mt/72-31-349","next":"us-mt/72-31-351"},"notice":"GroundRules: Original legal text. Not legal advice."}