Texas Estates Code
§ 752.113 — RETIREMENT PLAN TRANSACTIONS
ES § 752.113Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part P. DURABLE POWERS OF ATTORNEY · Ch. 752. STATUTORY DURABLE POWER OF ATTORNEY · Art. C. CONSTRUCTION OF POWERS RELATED TO STATUTORY DURABLE POWER OF ATTORNEY
Statute text
View on source(a)In this section, "retirement plan" means:
(1)an employee pension benefit plan as defined by Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002), without regard to the provisions of Section (2)(B) of that section;
(2)a plan that does not meet the definition of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.) because the plan does not cover common law employees;
(3)a plan that is similar to an employee benefit plan under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), regardless of whether the plan is covered by Title 1 of that Act, including a plan that provides death benefits to the beneficiary of employees; and
(4)an individual retirement account or annuity, a self-employed pension plan, or a similar plan or account.
(b)The language conferring authority with respect to retirement plan transactions in a statutory durable power of attorney empowers the agent to perform any lawful act the principal may perform with respect to a transaction relating to a retirement plan, including to:
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 14, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 6.001, eff. September 1, 2019.