South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:08 - Life insurance and annuities › Section 20:06:08:49 - Applicability of life and annuity replacement rules

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise specifically included, the provisions in §§ 20:06:08:49  to 20:06:08:65, inclusive, do not apply to transactions involving:
(1) Credit life insurance;
(2) Group life insurance or group annuities where there is no direct solicitation of individuals by an insurance producer. Direct solicitation does not include any group meeting held by an insurance producer solely for the purpose of educating or enrolling individuals or, when initiated by an individual member of the group, assisting with the selection of investment options offered by a single insurer in connection with enrolling that individual. Group life insurance or group annuity certificates marketed through direct response solicitation are subject to the provisions of §
									20:06:08:63;
(3) Group life insurance and annuities used to fund prearranged funeral contracts;
(4) 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 director; or, when a term conversion privilege is exercised among corporate affiliates;
(5) Proposed life insurance that is to replace life insurance under a binding or conditional receipt issued by the same company;
(6) Policies or contracts used to fund:
(i) an employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
(ii) a plan described by Sections 401(a), 401(k), or 403(b) of the Internal Revenue Code, where the plan, for purposes of ERISA, is established or maintained by an employer;
(iii) a governmental or church plan defined in Section 414, a governmental 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; or
(iv) a nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor. However, §§ 20:06:08:49  to 20:06:08:65, inclusive, applies to policies or contracts used to fund any plan or arrangement that is funded solely by contributions an employer elects to make, whether on a pre-tax or after-tax basis, and where the insurer has been notified that plan participants may choose from among two or more insurers and there is a direct solicitation of an individual employee by an insurance producer for the purchase of a contract or policy. As used in this subdivision, direct solicitation does not include any group meeting held by an insurance producer solely for the purpose of educating individuals about the plan arrangement or enrolling individuals in the plan or arrangement or, when initiated by an individual employee, assisting with the selection of investment options offered by a single insurer in connection with enrolling that individual employee;