20-1243.02. Exemptions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Unless otherwise specifically included, this article does not apply to recommendations involving:

1. Direct response solicitations if there is no recommendation based on information collected from the consumer pursuant to this article.

2. Contracts used to fund any of the following:

(a)An employee pension or welfare benefit plan that is covered by the employee retirement and income security act of 1974 (P.L. 93-406; 88 Stat. 829; 29 United States Code sections 1001 through 1461).

(b)A plan described by section 401(a), 401(k), 403(b), 408(k) or 408(p) of the internal revenue code, if established or maintained by an employer.

(c)A government or church plan as 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.

(d)A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.

(e)Settlements of, or assumptions of liabilities associated with, personal injury litigation or any dispute or claim resolution process.

(f)Formal prepaid funeral contracts.