760 Ind. Admin. Code 1-72-2

Current through December 25, 2024

Section 760 IAC 1-72-2 - Exemptions

Authority: IC 27-4-9-4

Affected: IC 27-1-15.6-12; IC 27-4-1-4; IC 27-4-9

Sec. 2.

Unless otherwise specifically included, this rule shall not apply to transactions involving the following:

(1) Direct response solicitations where there is no recommendation based on information collected from the consumer under this rule.

(2) Contracts used to fund any of the following:

(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 Section:

(i) 401(a);

(ii) 401(k);

(iii) 403(b);

(iv) 408(k); or

(v) 408(p);

of the Internal Revenue Code, as amended, if established or maintained by an employer.

(C) A government or church plan defined in Section 414 of the Internal Revenue Code, as amended.

(D) A government or church welfare benefit plan.

(E) A deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the Internal Revenue Code, as amended.

(F) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.

(G) Settlements of or assumptions of liabilities associated with personal injury litigation or a dispute or claim resolution process.

(H) Formal prepaid funeral contracts.

760 IAC 1-72-2

Department of Insurance; 760 IAC 1-72-2; filed Feb 16, 2006, 8:25 a.m.: 29 IR 2192, eff Jul 1, 2006; filed Jan 27, 2009, 9:51 a.m.: 20090225-IR-760080058FRA

Readopted filed 11/20/2015, 9:25 a.m.: 20151216-IR-760150341RFA

Readopted filed 11/15/2021, 8:32 a.m.: 20211215-IR-760210419RFA

Filed 2/8/2024, 12:47 p.m.: 20240306-IR-760230518FRA, eff 7/1/2024