Ga. Comp. R. & Regs. 120-2-94-.04

Current through Rules and Regulations filed through June 17, 2024

Rule 120-2-94-.04 - Exemptions

Unless otherwise specifically included, this regulation shall not apply to transactions involving:

(1) Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this regulation;

(2) Contracts used to fund:

(a) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);

(b) A plan described by sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the Internal Revenue Code (IRC), as amended, if established or maintained by an employer;

(c) A government or church plan defined in section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under section 457 of the IRC;

(d) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;

(3) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or

(4) Formal prepaid funeral contracts.

Ga. Comp. R. & Regs. R. 120-2-94-.04

O.C.G.A. § 33-2-9.

Original Rule entitled "Exemptions" adopted. F. Oct. 10, 2006; eff. Oct. 30, 2006.

Repealed: New Rule of same title adopted. F. Aug. 7, 2015; eff. Aug. 27, 2015.

Amended: F. Feb. 1, 2023; eff. Feb. 1, 2023, as specified by the Agency.