Good news (for disclaimer fans):  S.B. 1104, which contains a number of different amendments to the PEF Code, and which appears to be on track to pass the Senate, has been amended to specify that an agent who is given the power to disclaim has the power to release interests under section 6103.1 (which replaces—and I think improves upon—section 6103).

The new language regarding disclaimers is found in new subsection 5601.4(d.1).

The amendments create some confusion in the purpose or scope of sections 5601.4 and 5603, because section 5601.4 was supposed to identify which powers required specific mention and which didn’t, and section 5603 was supposed to state how powers are “implemented,” and now they are moving provisions relating to implementations of some powers out of section 5603 and into 5601.4.  Hopefully, that won’t cause problems, but you never know.