W. Va. Code R. § 114-11B-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-11B-3 - Exemptions

Unless otherwise specifically included, this rule does not apply to transactions involving:

3.1. Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this rule;

3.2. Contracts used to fund:

3.2.1. An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA), 29 U.S.C. Section 1001et seq. as amended;

3.2.2. 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;

3.2.3. 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; or

3.2.4. A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;

3.3. Settlements or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or

3.4. Formal prepaid funeral contracts.

W. Va. Code R. § 114-11B-3