Section 402-B. Applicability and scope of article.
(a) General rule.--This article shall apply to any sale or recommendation of an annuity. ((a) amended Dec. 22, 2021, P.L.472, No.99)
(b) Exclusions.--Unless otherwise specifically included, this article shall not apply to transactions involving the following: (intro. par. amended Dec. 22, 2021, P.L.472, No.99)
(1) Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this article.
(2) Contracts used to fund:
(i) An employee pension or welfare benefit plan that is covered by the Employee Retirement Income Security Act.
(ii) A plan described by sections 401(a) or (k), 403(b), 408(k) or (p) of the Internal Revenue Code if established or maintained by an employer.
(iii) A governmental or church plan defined in section 414 of the Internal Revenue Code, 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 Internal Revenue Code.
(iv) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.
(v) ((v) deleted by amendment).
(vi) ((vi) deleted by amendment).
((2) amended Dec. 22, 2021, P.L.472, No.99)
(3) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process. ((3) added Dec. 22, 2021, P.L.472, No.99)
(4) Formal prepaid funeral contracts. ((4) added Dec. 22, 2021, P.L.472, No.99)
(402-B amended June 28, 2018, P.L.351, No.48)