Oklahoma Code § 58-3038

Title 58. Probate Procedure: Retirement plans
Open in Lexace · Ask the AI about this section
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
Section 408, 26 U.S.C., Section 408, as amended;
2.  A Roth individual retirement account under Internal Revenue
Code Section 408A, 26 U.S.C., Section 408A, as amended;
3.  A deemed individual retirement account under Internal
Revenue Code Section 408(q), 26 U.S.C., Section 408(q), as amended;
4.  An annuity or mutual fund custodial account under Internal
Revenue Code Section 403(b), 26 U.S.C., Section 403(b), as amended;
5.  A pension, profit sharing, stock bonus or other retirement
plan qualified under Internal Revenue Code Section 401(a), 26
U.S.C., Section 401(a), as amended;
6.  A plan under Internal Revenue Code Section 457(b), 26
U.S.C., Section 457(b), as amended; and

7.  A nonqualified deferred compensation plan under Internal
Revenue Code Section 409A, 26 U.S.C., 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 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.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.