Section 5-1502L. Construction--retirement benefit transactions  


Latest version.
  • In  a
      statutory short form power of attorney, the language conferring  general
      authority  with  respect  to  "retirement  benefit transactions" must be
      construed to mean that the principal authorizes the agent:
        1. To contribute to, withdraw from and deposit funds in  any  type  of
      retirement  benefit  or  plan  (including,  but  not limited to, any tax
      qualified or nonqualified pension, profit sharing, stock bonus, employee
      savings and retirement  plan,  deferred  compensation  plan,  individual
      retirement account, or any public pension fund or retirement system);
        2.  To  make  investment  directions,  to  select  and  change payment
      options, and to exercise any  other  election  for  the  principal  with
      regard  to  any retirement benefit or plan in which the principal has an
      interest, provided, however, that the authority granted hereby shall not
      include  the  authority  to  add,  delete,  or  otherwise   change   the
      designation  of  beneficiaries in effect for any such retirement benefit
      or plan, unless the authority  to  make  such  additions,  deletions  or
      changes  is  conveyed  in  a  statutory major gifts rider to a statutory
      short form power of attorney or in a  non-statutory  power  of  attorney
      signed  and  dated  by the principal with the signature of the principal
      duly acknowledged in the manner prescribed for the acknowledgment  of  a
      conveyance  of  real  property,  and  which  is executed pursuant to the
      requirements of paragraph (b) of subdivision nine of section  5-1514  of
      this title;
        3.  To make rollover contributions from any retirement benefit or plan
      to other retirement benefits or plans;
        4.  To  prepare,  execute  and  deliver  any  application,  agreement,
      authorization,  check  or  other  instrument  or  document  which may be
      required under the terms of any retirement benefit or plan in which  the
      principal  has an interest or by the administrator thereof, or which the
      agent deems useful  for  the  accomplishment  of  any  of  the  purposes
      enumerated in this section;
        5.  To  represent the principal in any matter or thing relating to any
      interest that the principal has or may  become  entitled  to  under  any
      retirement benefit or plan;
        6. To prosecute, defend, submit to arbitration, settle, and propose or
      accept  a  compromise with respect to any claim existing in favor of, or
      against, the principal based upon or involving any retirement benefit or
      plan and to intervene in any action or proceeding relating thereto;
        7. To hire, discharge, and compensate any attorney, accountant, expert
      witness or other assistant or  assistants  when  the  agent  deems  such
      action  to  be  desirable  for  the proper execution by the agent of the
      powers described in this section or for the keeping of required  records
      thereof; and
        8.  In  general,  and  in  addition  to  all the specific acts in this
      section enumerated, to do any other act or acts, which the principal can
      do through an agent, with respect to  any  retirement  benefit  or  plan
      maintained by the principal or in which the principal has an interest or
      may thereafter have an interest.
        All   powers   described  in  this  section  5-1502L  of  the  general
      obligations law shall be exercisable  with  respect  to  any  retirement
      benefit  or plan in which the principal has any interest, whether in the
      state of New York or elsewhere.
        The powers explicitly authorized in the  provisions  of  this  section
      5-1502L  of  the  general  obligations  law  shall  not  be construed to
      diminish any like powers authorized in any other section of title 15  of
      article  5  of  the general obligations law. Accordingly, such powers as
      are authorized in any other section of title 15  of  article  5  of  the
    
      general  obligations law shall be construed as if the provisions of this
      section do not exist.