Current through Register Vol. 63, No. 9, September 1, 2024
(1) OAR
836-080-0750 to
836-080-0775 apply only to the
solicitation or sale of any life insurance or annuity product by an insurer or
insurance producer to an active duty service member of the United States Armed
Forces.
(2) OAR
836-080-0750 to
836-080-0775 do not apply to
solicitations or sales involving:
(a) Credit
insurance;
(b) Group life insurance
or group annuities when there is no in-person, face-to-face solicitation of
individuals by an insurance producer or when the policy or certificate does not
include a side fund;
(c) 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;
(d) Individual stand-alone health policies,
including disability income policies;
(e) Contracts offered by Servicemembers'
Group Life Insurance (SGLI) or Veteran's Group Life Insurance (VGLI), as
authorized by 38 U.S.C.
Section 1965 et seq.;
(f) Contracts offered by State Sponsored Life
Insurance (SSLI), as authorized by Public Law 93-289,
Title 37 U.S.C., sec.
707 et seq;
(g) Life insurance contracts offered through
or by a non-profit military association, qualifying under Section
501 (c)
(23) of the Internal Revenue Code (IRS), and
which are not underwritten by an insurer; or
(h) Contracts used to fund:
(A) An employee pension or welfare benefit
plan that is covered by the Employee Retirement and Income Security Act
(ERISA);
(B) A plan described by
Sections 401(a),
401(k),
403(b),
408(k), or
408(p) of the
IRC, as amended, if established or maintained by an employer;
(C) A government or church plan defined in
Section 414 of the IRS, 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 IRS;
(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; or
(F)
Prearranged funeral contracts.
(3) Nothing in this rule shall be construed
to abrogate the ability of nonprofit organizations (or other organizations) to
educate members of the United States Armed Forces in accordance with Department
of Defense DoD Instruction 1344.07 -- PERSONAL COMMERCIAL SOLICITATION ON DoD
INSTALLATIONS or successor directive.
(4) For purposes of OAR
836-080-0750 to
836-080-0775, general
advertisements, direct mail, and internet marketing do not constitute
"solicitation." Telephone marketing does not constitute "soliciting" provided
the caller explicitly and conspicuously discloses that the product concerned is
life insurance and makes no statements that avoid a clear and unequivocal
statement that life insurance is the subject matter of the solicitation.
Nothing in this section, however, shall be construed to exempt an insurer or
insurance producer from OAR
836-080-0750 to
836-080-0775 in any in-person,
face-to-face meeting established as a result of the "solicitation" exemptions
identified in this section.
Stat. Auth.: ORS
731.244
Stats. Implemented: ORS
746.075,
746.110,
746.240
