§ 18-3-104 - Exclusions from statutory rule against perpetuities.
               	 		
18-3-104.    Exclusions from statutory rule against perpetuities.
    Section 18-3-101 does not apply to:
(1)  a  nonvested property interest or a power of appointment arising out of a  nondonative transfer, except a nonvested property interest or a power of  appointment arising out of (i) a premarital or postmarital agreement,  (ii) a separation or divorce settlement, (iii) a spouse's election, (iv)  a similar arrangement arising out of a prospective, existing, or  previous marital relationship between the parties, (v) a contract to  make or not to revoke a will or trust, (vi) a contract to exercise or  not to exercise a power of appointment, (vii) a transfer in satisfaction  of a duty of support, or (viii) a reciprocal transfer;
(2)  a  fiduciary's power relating to the administration or management of  assets, including the power of a fiduciary to sell, lease, or mortgage  property, and the power of a fiduciary to determine principal and  income;
(3)  a power to appoint a fiduciary;
(4)  a  discretionary power of a trustee to distribute principal before  termination of a trust to a beneficiary having an indefeasibly vested  interest in the income and principal;
(5)  a  nonvested property interest held by a charity, government, or  governmental agency or subdivision, if the nonvested property interest  is preceded by an interest held by another charity, government, or  governmental agency or subdivision;
(6)  a  nonvested property interest in or a power of appointment with respect  to a trust or other property arrangement forming part of a pension,  profit-sharing, stock bonus, health, disability, death benefit, income  deferral, or other current or deferred benefit plan for one or more  employees, independent contractors, or their beneficiaries or spouses,  to which contributions are made for the purpose of distributing to or  for the benefit of the participants or their beneficiaries or spouses  the property, income, or principal in the trust or other property  arrangement, except a nonvested property interest or a power of  appointment that is created by an election of a participant or a  beneficiary or spouse; or
(7)  a  property interest, power of appointment, or arrangement that was not  subject to the common-law rule against perpetuities or is excluded by  another statute of this State.