DOL Update

CreativeOne
DOL Fiduciary Rule Update

On June 21, 2018, the 5th Circuit Court of Appeals ruling that the Department of Labor (DOL) had exceeded its authority
in issuing its fiduciary rule was officially vacated. This means that the Fiduciary Rule has been revoked in its
entirety and is no longer in effect.

What does this mean to you?

  • You as a producer are no longer a fiduciary when recommending annuity products to customers.
  • Related exemptions including PTE 84-24 and the Best Interest Contract Exemption (BICE) are no longer applicable.

We recommend the following.

  • If you are securities licensed, we recommend you review with your Broker Dealer any changes to their procedural
    steps following the revocation of the DOL Fiduciary Rule.
  • Although the DOL Fiduciary Rule has been vacated, the transition rules were in place for the period June 9, 2017
    through June 21, 2018. If you were utilizing PTE 84-24 during this period, it is important that you retain all
    required documentation in your client files for the specified minimum period of 6 years.

CreativeOne supports a continued best practices approach to documentation and record keeping by financial professionals.
Although the DOL Fiduciary Rule is no longer in effect, other regulatory bodies are working on regulations requiring
proper documentation and disclosures practices in the future.

Refer back to the CreativeOne Regulatory Resource Center at oldc1.crtv1.com to stay up to date on the latest regulatory
and legislative developments.

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Carrier Updates

Login to your agent dashboard for the latest information on how each has prepared for the latest DOL changes.

AIG
Annuity

Please see the Compliance Bulletin from the AIG Life Companies regarding sales of our annuity
contracts as of June 9. It outlines our understanding of your obligations and role. Please read it carefully. Beginning
June 9, we will require an attestation from the writing agent that the agent is conducting business in accordance with
the Rule when selling our annuities. The attestation will be included under the existing “Financial Professional’s
Statement” signature page of the Owner Acknowledgement and Disclosure Statement Files:

Life Insurance

No changes or amendments to producer or BGA contracts at this time. An updated agent report will be implemented by June
9, 2017 requiring producers to confirm compliance with applicable DOL regulations.

Allianz
June 26, 2018 Update

Update on DOL fiduciary rule

On March 15, 2018, the 5th Circuit Court of Appeals ruled that the Department of Labor (DOL) exceeded its statutory
authority in issuing its fiduciary rule. As a result of their decision, the Circuit Court’s mandate to vacate the DOL
fiduciary rule became effective June 21, 2018. Specifically, the expanded definition of a fiduciary and the transition
rules of the DOL fiduciary rule are no longer in effect. This includes the requirement that financial professionals
comply with either Prohibited Transaction Exemption (PTE) 84-24 or the Best Interest Contract Exemption (BICE) for sales
of fixed index annuities involving qualified individual retirement accounts.

What does all of this mean to you?

Even though the DOL fiduciary rule is no longer in effect, the rule and the awareness it created will have a lasting
effect on our industry and our interactions with our customers. The topics of “best interest,” “conflicts of interest,”
and compensation disclosure will remain important subjects for conversation, disclosure and understanding as we work
with consumers who continue to need your services, expertise, and recommendations. As we move forward:

• Stay engaged in the regulation-setting process. Virtually every state along with the National
Association of Insurance Commissioners (NAIC), as well as the DOL, Securities and Exchange Commission (SEC), and
Financial Industry Regulatory Authority (FINRA), is discussing or drafting new regulations for consideration. Monitor
these new proposals and requests for comments. Provide your input – either directly or through the important trade
groups that work so effectively to represent our industry.

• Continue to maintain the transparency and disclosures in your practice that you have initiated since June 9,
2017. Even though you are no longer required by law to disclose your compensation and conflicts of interest
on qualified sales, consider continuing those disclosures on a voluntary basis and even expanding them to include your
entire practice. A template for voluntary disclosure that you can customize for your practice can be found on our
website. This disclosure form is a template you may use, but it is not an Allianz Life Insurance Company of North
America (Allianz) new business requirement. Please do not send in this form with your clients’ applications.

Why is ongoing voluntary disclosure of compensation and conflicts of interest important?

As we mentioned above, consumer awareness of these topics has become increasingly prevalent. In addition, virtually
every piece of proposed regulation currently under consideration addresses the need for, and importance of, disclosure
and transparency of these topics in our dealings with consumers. Finally, many of you have told us over the past several
months that integrating the required disclosures under PTE 84-24 into your practice has yielded positive benefits in
your relationships with your customers.

Reminder – keep your records for recommendations made June 9, 2017 – June 21, 2018!

Even though the rule has now been vacated, the transition rules for the DOL fiduciary rule were in place for the period
June 9, 2017 through June 21, 2018. If you were relying on PTE 84-24 during this period, it is important that you retain
all required documentation in your client files for the minimum period (6 years) specified in that PTE.

Files

American Equity Investment
June 26, 2018 Update

We are pleased to inform you the Fifth Circuit Court of Appeals took the final step last week to execute its March
decision vacating the Department of Labor’s Fiduciary Rule.

Because the Rule is now officially vacated, American Equity will no longer require completion of the PTE 84-24
Disclosure and submission of the Agent Attestation. System updates are being made to reflect these changes. We will let
you know of any other changes to our processes or procedures as they are determined.

As a best practice, any other DOL resources you use should be reviewed, and any references to the Rule or a fiduciary
standard removed. Please confirm with your broker dealer or marketing organization any other changes they may require.

American Equity is proud to have been actively involved in the fight against the Fiduciary Rule, including the
litigation vacating the Rule. We will continue to be active in discussions regarding the regulation of our products and
will keep you informed of any changes. We thank you for your business and partnership throughout this challenging time
and look forward to a mutually successful future.

American General
We’re still waiting for input. We’ll add it here as soon as we receive it.
American National
We’re still waiting for input. We’ll add it here as soon as we receive it.
Athene
June 22, 2018 Update

Athene process changes due to DOL Fiduciary Rule repeal

Yesterday, the Fifth Circuit Court of Appeals issued a mandate vacating the Department of Labor (DOL) Fiduciary Rule in
its entirety, meaning the fiduciary rule no longer applies to sales of annuity products. Now that the court has issued
the official order to vacate, we wanted to confirm that you are no longer a fiduciary when recommending annuity products
to your customers.

We understand that this change will not impact how you will interact with your customers, as we at Athene have always
known that our producers act in the best interest of their customers when making a recommendation of our products.

AXA
No changes or amendments to producer or BGA contracts at this time. A letter reminding producers of need for compliance
with DOL regulations is in process.
Brighthouse Financial
No changes or amendments to producer or BGA contracts at this time.
Delaware Life
December 27, 2017 Update

New Business Requirements for DOL Rule Extended Transition Period

The first phase of the Department of Labor (DOL) Fiduciary Rule (the Rule) that went
into effect June 9, 2017 has been extended through July 1, 2019 (the Transition
Period). During the extended Transition Period, we are continuing our requirements that
originally began on June 9, 2017.

Certification Form is Required

All applications for qualified business signed on or after June 10, 2017, must be accompanied by
a new one-page certification completed and signed by you, the agent (Agent’s Certification Form). In the Agent’s
Certification Form, you are certifying that your recommendation to the client to buy a Delaware Life qualified annuity
contract was made in compliance with the Impartial Conduct Standards under the Rule and that you have satisfied all the
conditions necessary to rely on either 84-24 or the Best Interest Contract Exemption, one of the two prohibited
transaction exemptions (PTE) under the Rule which will permit you to receive compensation in connection with a sale.

DOL Agent Tools

Continuing to help you comply with the requirements of the Rule, the following tools will remain in place:

  • A model 84-24 Disclosure and Authorization form which you may use with clients to satisfy the
    84-24 PTE. The 84-24 Disclosure should not be submitted to Delaware Life.
  • Free access to LIMRA DOL training to help you understand the new Rule.

See the New Business Instructions attached for accessing the model 84-24 Disclosure and Authorization form and
LIMRA DOL Training.

 Please Note

This new process applies only to tax-qualified retirement accounts, such as IRAs.

DOWNLOAD
DETAILED INSTRUCTIONS AND AGENT’S CERTIFICATION FORM 

More to Come

The change in new business submission will be in effect during the Extended Transition Period. As the future of the Rule
and other possible regulatory changes become clearer, we will keep you informed of any additional impact on how you do
business with Delaware Life.

 

 

Certification Form is Now Required
All applications for qualified business signed on or after June 10, 2017, must be accompanied by a new one-page
certification completed and signed by you, the agent (Agent’s Certification Form). In the Agent’s Certification Form,
you are certifying that your recommendation to the client to buy a Delaware Life qualified annuity contract was made in
compliance with the Impartial Conduct Standards under the Rule and that you have satisfied all the conditions necessary
to rely on either 84-24 or the Best Interest Contract Exemption, one of the two prohibited transaction exemptions (PTE)
under the Rule which will permit you to receive compensation in connection with a sale.

DOL Agent Tools
To help you comply with the requirements of the Rule, by no later than June 8, 2017 we will provide you with the
following tools:

  • A model 84-24 Disclosure and Authorization form which you may use with clients to satisfy the 84-24 PTE. The
    84-24 Disclosure should not be submitted to Delaware Life.
  • Free access to LIMRA DOL training to help you understand the new Rule.

See the New Business Instructions attached for accessing the model 84-24 Disclosure and Authorization form and
LIMRA DOL Training.

Please Note

  • This new process applies only to tax-qualified retirement accounts, such as IRAs.

DOWNLOAD DETAILED
INSTRUCTIONS AND AGENT’S CERTIFICATION FORM

EquiTrust
June 28, 2018 Update

DOL Fiduciary Conflict-of-Interest Rule Vacated

EquiTrust DOL Fiduciary Certification Form (ET-DOL-FIDCERT) is No Longer Required for Qualified Sales

Effective June 21, 2018, the Department of Labor Fiduciary Rule was vacated by the Fifth Circuit Court of Appeals and no
longer in effect. DOL’s expanded definition of “investment advice fiduciary” no longer applies.

Additionally, the new exemption which provided relief from the prohibited transactions, the Best Interest Contract
Exemption (BICE), and the amendments to existing PTE-84-24 are no longer applicable.

Important Updates

  • The DOL Fiduciary Certification Form (ET-DOL-FIDCERT) is no longer included on AppBuilder or E-Applications on
    the EquiTrust Agent Website. For application packets printed previously, the form is no longer a requirement and
    can be disregarded.
  • The Business Guidelines document on the Agent Website has been revised accordingly, now dated 6-18. Agents are
    still subject to all other provisions of the Business Guidelines. To view the Business Guidelines, click here; login is required.
  • It is important to note that compliance with any previously applicable ERISA regulations still apply and are the
    agent’s responsibility.

Questions? If you have any questions regarding the reversal of the Fiduciary Rule, contact your IMO or EquiTrust Sales
Support at 866-598-3694.

Files

Fidelity & Guaranty Life
June 25, 2018 Update

F&G Compliance Update – Department of Labor Fiduciary Rule Revoked

A federal court revoked the Department of Labor Fiduciary Rule effective June 21, 2018. This ruling means the Fiduciary
Rule in its entirety has been reversed and is no longer in effect. It also means the related exemptions including PTE
84-24- and the Best Interest Contract Exemption (BICE) are no longer applicable.

How does this ruling affect you?
At F&G, we are repealing any procedures or requirements we established previously to comply with the Fiduciary Rule and
the exemptions. Effective immediately:

  • We no longer require agents selling tax-qualified annuities to submit the Fiduciary Rule Acknowledgement Form
  • We no longer provide a Sample Disclosure Form to assist you in providing information to consumers to comply
    with the Fiduciary Rule
  • We no longer enforce Addendum A of the Market Conduct Guide (Special Rules for IRAs) designed to comply with the
    Fiduciary Rule and the exemptions

Files:

Foresters Financial
Life Insurance

No changes or amendments to producer or BGA contracts at this time.

Global Atlantic Financial Group
Annuity

For the interim period, between June 9, 2017, and January 1, 2018, we will follow a similar submission process as the
one used today with the addition of some attestation enhancements to our suitability forms. These updates are covered
below: 84-24 exemption and disclosure

Best Interest Contract Exemption

  • If your agents are using the Best Interest Contract Exemption (BICE), please notify us in advance, and let us
    know which Financial Institution (FI) will be supervising those sales.
  • Global Atlantic will perform a due diligence review of the FI, which will be necessary before submitting new
    business in good order.
  • Re-contracting will also be necessary if the BICE is to be used.

Suitability Forms

Re-contracting We will not require agent or IMO re-contracting in the interim period, unless the BICE
will be used. Our intention is to make this process as simple as possible for you while still remaining compliant with
the new regulations beginning June 9. We will continue to monitor the industry and will communicate at a later date any
changes to our guidelines for compliance with January 1, 2018 requirements. We plan to send a similar communication to
active agents next week. Files:

Life Insurance

A one-time addendum will be required of producers if source of funds for life sale as indicated on the application is
covered by DOL regulations. This addendum will cover not only the initial sale that triggered the addendum, but also all
future sales.

Great American Life
Now through June 8, 2017: Business as usual. The fiduciary rule is not yet applicable. June 9
through December 31, 2017:

  • The expanded fiduciary definition is in effect.
  • To receive a commission for IRA sales or a rollover from an ERISA Plan or 401(k) to an IRA, producers can use
    either the 84-24 Exemption or the BICE for traditional fixed, fixed-indexed and variable annuity business. This
    includes new sales and additional purchase payments to existing contracts.

Beginning January 1, 2018:

  • Full compliance with the final fiduciary rule is required. All transitional accommodations go away. Producers
    must use the BICE to receive a commission for fixed-indexed annuity IRA sales or a rollover from an ERISA Plan
    or 401(k) to an IRA.
  • Producers can use either the 84-24 Exemption or BICE to receive a commission for traditional fixed annuity
    business.

For more information, please visit the Great American DOL resource page.

Files:
Great American Life Amendments

Great American Life Agreements

Annuity Investors Life Amendments – Fixed Annuities

Annuity Investors Life Agreements – Fixed Annuities

Annuity Investors Life – Variable Annuities

Guggenheim
We’re still waiting for input. We’ll add it here as soon as we receive it.
John Hancock
No changes or amendments to producer or BGA contracts at this time.
Lafayette Life Insurance Company
DOL Fiduciary Rule Vacated & Procedural Changes
As previously reported, a federal court struck down the Fiduciary Rule in March. On June 21, 2018, that decision became
effective – the Fiduciary Rule is officially vacated.

The following changes are being implemented.

1). The DOL Producer Certification form is no longer required for submitting life and annuity applications. We will
advise you when we will be removing this form from our iGO e-application system.

2). The agent website has been updated to remove new business procedures required by the DOL Fiduciary Rule.

3). As previously required by the DOL, you are no longer required to disclose your compensation or material conflicts of
interest to clients.

4). Prior to the DOL Fiduciary Rule, the PTE 84-24 form was needed for small business retirement plans. We are updating
the online PTE 84-24 for your continued use in the small business market.

Importantly, these decisions considered other ‘best interest’ proposals. In April, the Securities and Exchange
Commission proposed new regulations requiring broker-dealers to meet a best interest standard when making
recommendations about securities, including variable annuities and mutual funds. In addition, New York is in the process
of requiring a best interest standard for almost all life insurance and annuity recommendations in that state. That
regulation could become effective as early as the first quarter of 2019. The SEC’s proposal and New York’s new
regulation would apply to both qualified and non-qualified sales. Furthermore, other states may follow in New York’s
footsteps, the NAIC may update the model annuity suitability regulation to require best interest, and the DOL could
propose new regulations.

Lafayette Life and the Western & Southern Financial Group will continue to advocate for a uniform, workable best
interest standard at both the state and federal level.

Lincoln Financial Group
Annuity

As you are aware, on April 6, 2016, the United States Department of Labor (the “DOL”) issued final rules to expand the
definition of an “investment advice fiduciary” under ERISA, and redefined certain prohibited transaction exemptions
(“PTEs”) to be applicable as of June 9, 2017.
Some components of the rule become applicable on June 9, 2017. In order to help you navigate the rule, please see the
Continuing to Do Business with Lincoln in a Post-DOL Environment bulletin. This bulletin outlines key information
regarding sales of annuity and life contracts for the June 9, 2017 to January 1, 2018 transition period.

Files:

Life Insurance

Changes to both producer and agency level contracts have been initiated by Lincoln. These selling agreements are agency
and producer specific rather than a “one size fits all” approach. Please contact your Lincoln SVP if you are unsure of
your agency’s receipt and execution of these amendments. Please see this letter from Lincoln Financial for additional details.

Minnesota Life
Changes to both producer and agency level contracts have been initiated by Minnesota Life. Please contact Nancy Cooke at
Minnesota Life if you are unsure of your agency’s receipt and execution of these amendments.

Mutual of Omaha
No changes or amendments to producer or BGA contracts at this time.
National Western Life<br /> Insurance Company
National Western has the expanded suitability form that needs to be used for all applications taken on June 9th and
beyond.

National Western Life expects that agents will comply with the Fiduciary standard and provide the appropriate
disclosures.

We will not require a copy of that disclosure, however, just the revised suitability form.

Click below to download the Annuity Suitability Questionnaire for all applicants.

Files:

Nationwide Life and Annuity
Nationwide created an 84-24 disclosure form for each of the New Heights product versions, for which agents can use with
their clients. The template disclosure documents are available for you and your investment advice fiduciaries to use as
a guide. Nationwide does not represent that the template documents are complete for any particular transaction. Each
transaction is unique and it is the investment advice fiduciary’s responsibility to ensure that complete and accurate
disclosure is provide to and acknowledged by the ERISA fiduciary or IRA owner. Please note:

  • This form is not a requirement for Nationwide new business.
  • Under 84-24, Nationwide’s business processes will remain the same as they are today. Therefore, agents are not
    required to send this or any other version of an 84-24 disclosure when submitting business to Nationwide.

Update 6/5/17

On June 9, Nationwide will continue to accept new business (and additional purchase payments) on retirement accounts
under the 84-24 Prohibited Transaction Exemption (PTE 84-24) unless otherwise informed by the agent. We have updated our
Suitability Form, which your agents should begin using June 9. The previous version of the suitability form will be
accepted until July 9, 2017 and will be considered not-in-good-order for processing after this date.  This means
there are no changes to your processes with Nationwide at this time.

To assist with PTE 84-24 requirements, we will provide 84-24 Disclosure Templates for fixed and fixed indexed annuity
products. Agents are not required to use the Nationwide version and may use other documents to fulfill the 84-24
disclosure requirement. Beginning June 9, 2017, the Nationwide templates will be available on our website at https://nationwidefinancial.nwie.net/#!/resources/forms/annuities.

If the agent does not intend to rely on 84-24 he/she should have their designated Financial Institution contact
Nationwide at [email protected] to ensure that the proper
agreements and processes are in place to continue business. Please be aware that we are still working through the legal
framework to support an RIA BICE solution so it may take longer to establish the proper agreements and procedures.

Files:

North American Company
June 26, 2018 Update

DOL Fiduciary Rule Vacated

We are happy to report that the 5th Circuit Court of Appeals took the final step yesterday to fully implement its March
decision vacating the Fiduciary Rule. With the Court issuing its final mandate, this brings closure to the Rule, and the
end result is as if it was never contemplated or implemented.

As you know, we put our company’s name on this litigation and were front and center in the fight against the Fiduciary
Rule and the unintended consequences it would create. Our view from the beginning was that full implementation of the
Rule would limit the ability of our distribution partners to provide valuable retirement advice and product solutions to
American savers at a time when they need it the most. This was never the right approach, and we are extremely pleased
that our efforts were successful.

Because the Fiduciary Rule is now officially vacated, we will no longer be requiring those compliance provisions
enforcing the Rule, including the execution of the PTE 84-24 form (if you work with a broker dealer, we recommend you
discuss any other procedural steps you may need to take). Other optional DOL resources, such as the IRA rollover
worksheet or other best practices that you may have implemented as a result of the Fiduciary Rule may still be utilized
so long as they do not reference the Department of Labor Rule or the fiduciary standard of care (assuming you are not
intending to hold yourself out as a fiduciary).

As far as other changes that may be coming, we are taking a measured approach and will continue to track the marketplace
as well as the still developing regulatory environment. We will continue our pledge to keep you informed of any new
changes that may be on the horizon as we contemplate how we will all move forward in a positive and thoughtful manner
now that the DOL Rule is behind us. We want to thank you for your partnership and your business, and look forward to
great things ahead. Let us know if you have any questions.

OneAmerica
Annuity

We’re still waiting for input. We’ll add it here as soon as we receive it.

Life Insurance

No changes or amendments to producer or BGA contracts. PTE 84-24 disclosure required on AssetCare III sales effective
January 1, 2018. OneAmerica will no longer accept qualified funds on the AnnuityCare product line.

Principal
No changes or amendments to producer or BGA contracts at this time.
Protective Life
No changes or amendments to producer or BGA contracts at this time.
Sentinel Security Life<br /> Insurance Company
What This Means For You

Starting June 9, 2017, producers who give advice on investments in retirement accounts (qualified funds) will be held to
the Impartial Conduct Standards, which has three requirements:

  • Advice is in the best interest of the customer
  • Compensation is reasonable
  • Statements about investment transactions, compensation and conflicts of interest are not misleading

Between now and December 31, 2017, the current Prohibited Transaction Exemption 84-24 (PTE 84-24) can be used to sell
all fixed and fixed indexed annuities. While the full requirements of the Best Interest Contract Exemption (BICE) do not
go into effect until Jan. 1, 2018, producers and NMO’s can decide between the two exemptions in the near-term. Producers
who choose to use the BICE will need to submit business through a financial institution.

Due to these new requirements and in order to satisfy the requirements and conditions of the fiduciary rule we are
implementing the following changes.

  • The Producer Acknowledgment form is required for all qualified fixed and fixed index annuity sales beginning on
    June 9, 2017. This form will need to be submitted to the Home Office with the application.
  • A Disclosure Statement is required to be retained by the producer for all qualified fixed and fixed index
    annuity sales beginning on June 9, 2017. This disclosure needs to include information about the Impartial
    Conduct Standards, Fees and Charges, Compensation and your Affiliation/Limitation to the insurance company.

Provided is a sample Disclosure Statement that you can use, however, you are permitted to use your own. Disclosure
Statements for each sale should not be submitted to the Home Office, they are for your records only and should be kept
on file for at least 6 years.

Click on the links below to access the Producer Acknowledgement form and the Sample Disclosure Statement.

Producer Acknowledgment Form
Disclosure Statement

Symetra
Annuity

We’re still waiting for input. We’ll add it here as soon as we receive it.

Life Insurance

No changes or amendments to producer or BGA contracts at this time.

Transamerica
No changes or amendments to producer or BGA contracts at this time.
Voya Insurance and Annuity
Annuity

In preparation for the DOL Fiduciary Rule changes that will be in effect on June 9th, 2017,
there are updates to the suitability forms that Voya requires for fixed and indexed new business annuity applications.

Starting on May 26th, there will be changes to the Suitability Profile form to include
language around the DOL fiduciary rule in the Producer Acknowledgement section; specifically requiring an agent
signature to the statement that Voya is not acting as a fiduciary or financial institution.  The new Suitability Profile
(form #158670) and the
new FL Suitability Producer Acknowledgement (form #175973) will be required going forward for all business received on June
9th or later.

The previous version of the Suitability Profile will be accepted until June 30th and then will be
considered not-in-good-order for processing after this date.  Effective July 1st, only the new forms will
be accepted and processed.  

Files:

Life Insurance

Amendments to both producer and agency level contracts are in process.