OAR 836-051-0905
Applicability and Scope
(1)
OAR 836-051-0900 (Purpose; Authority) to 836-051-0925 (Trade Practice Regulation) apply to all group and individual annuity contracts and certificates except:(a)
Registered or non-registered variable annuities or other registered products;(b)
Immediate and deferred annuities that contain no nonguaranteed elements except as provided in OAR 836-051-0920 (Report to Contract Owners)(2);(c)
Annuities used to fund:(A)
An employee pension plan that is covered by the Employee Retirement Income Security Act (ERISA);(B)
A plan described by Sections 401(a), 401(k) or 403(b) of the Internal Revenue Code, when the plan, for purposes of ERISA, is established or maintained by an employer;(C)
A governmental or church plan defined in Section 414 or a deferred compensation plan of a state or local government or a tax exempt organization under Section 457 of the Internal Revenue Code; or(D)
A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.(d)
Structured settlement annuities; and(e)
Funding agreements.(2)
OAR 836-051-0900 (Purpose; Authority) to 836-051-0925 (Trade Practice Regulation) also apply to annuities used to fund a plan or arrangement that is funded solely by contributions an employee elects to make, whether on a pre-tax or after-tax basis, and when the insurer has been notified that plan participants may choose from among two or more fixed annuity providers and there is a direct solicitation of an individual employee by a producer for the purchase of an annuity contract. A direct solicitation under this section does not include any meeting held by a producer solely for the purpose of educating or enrolling employees in the plan or arrangement.(3)
OAR 836-051-0900 (Purpose; Authority) to 836-051-0925 (Trade Practice Regulation) apply to annuity contracts that are sold on or after October 1, 2008. An insurer may conform its contracts to the provisions of 836-051-0900 (Purpose; Authority) to 836-051-0925 (Trade Practice Regulation) prior to that date.
Source:
Rule 836-051-0905 — Applicability and Scope, https://secure.sos.state.or.us/oard/view.action?ruleNumber=836-051-0905
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