Ala. Admin. Code r. 482-1-140-.04
Current through Register Vol. 43, No. 1, October 31, 2024
Section 482-1-140-.04 - Exemptions(1) This chapter shall not apply to solicitations or sales involving any of the following: (b) Group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or certificate does not include a side fund.(c) An application to the existing insurer that issued the existing policy or contract when a contractual change or a conversion privilege is being exercised; or, when the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the commissioner; or, when a term conversion privilege is exercised among corporate affiliates.(d) Individual stand-alone health policies, including disability income policies.(e) Contracts offered by Servicemembers' Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI), as authorized by 38 U.S.C. Section 1965 et seq., and contracts offered by State Sponsored Life Insurance (SSLI) as authorized by 37 U.S.C. Section 707et seq.(f) Life insurance contracts offered through or by a non-profit military association, qualifying under Section 501 (c) (23) of the Internal Revenue Code (IRC), and which are not underwritten by an insurer.(g) Contracts used to fund any of the following:1. An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA).2. A plan described by Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, as amended, if established or maintained by an employer.3. 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.4. A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.5. Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process.6. Preneed funeral or cemetery contracts.(2) Nothing herein shall be construed to abrogate the ability of nonprofit organizations (and/or other organizations) to educate members of the United States Armed Forces in accordance with Department of Defense DoD Instruction 1344.07 - Personal Commercial Solicitation on DOD Installations or successor directive.(3) For purposes of this chapter, general advertisements, direct mail and internet marketing shall not constitute "solicitation." Telephone marketing shall not constitute "solicitation" provided the caller explicitly and conspicuously discloses that the product concerned is life insurance and makes no statements that avoid a clear and unequivocal statement that life insurance is the subject matter of the solicitation. Provided however, nothing in this subsection shall be construed to exempt an insurer or insurance producer from this chapter in any in-person, face-to-face meeting established as a result of the "solicitation" exemptions identified in this subsection.Ala. Admin. Code r. 482-1-140-.04
New Rule: Filed September 5, 2007; effective September 29, 2007. Filed with LRS September 5, 2007. Rule is not subject to the Alabama Administrative Procedure Act. Amended: Filed December 11, 2007; effective December 21, 2007. Filed with LRS December 11, 2007. Rule is not subject to the Alabama Administrative Procedure Act.Author: Commissioner of Insurance
Statutory Authority:Code of Ala. 1975, §§ 27-2-17, 27-12-1 et. seq.