N.M. Stat. § 45-5B-215
Retirement plans.
A. As used 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 Section 408 of the Internal
Revenue Code of 1986, as amended;
(2)
a Roth individual retirement account under Section 408A of the Internal
Revenue Code of 1986, as amended;
(3)
a deemed individual retirement account under Section 408(q) of the
Internal Revenue Code of 1986, as amended;
(4)
an annuity or mutual fund custodial account under Section 403(b) of the
Internal Revenue Code of 1986, as amended;
(5)
a pension, profit-sharing, stock bonus or other retirement plan qualified
under Section 401(a) of the Internal Revenue Code of 1986, as amended;
(6)
a plan under Section 457(b) of the Internal Revenue Code of 1986, as
amended; and
(7)
a nonqualified deferred compensation plan under Section 409A of the
Internal Revenue Code of 1986, 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.