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

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

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

   2. (B) A plan described by Section:

      1. (i) 401(a);
      2. (ii) 401(k);
      3. (iii) 403(b);
      4. (iv) 408(k); or
      5. (v) 408(p);
   3. of the Internal Revenue Code, as amended, if established or maintained by an employer.
   4. (C) A government or church plan defined in Section 414 of the Internal Revenue Code, as amended.
   5. (D) A government or church welfare benefit plan.
   6. (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.
   7. (F) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.
   8. (G) Settlements of or assumptions of liabilities associated with personal injury litigation or a dispute or claim resolution process.
   9. (H) Formal prepaid funeral contracts.

(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 Nov 20, 2015, 9:25 a.m.: 20151216-IR-760150341RFA; filed Feb 8, 2024, 12:47 p.m.: 20240306-IR-760230518FRA, eff Jul 1, 2024)