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§ 2550.403b-1 Exemptions from trust requirement.
(a) Statutory exemptions. The requirements of section 403(a) of the Act and section 403a-1 shall not apply—
(1) To any assets of a plan which consist of insurance contracts or policies issued by an insurance company qualified to do business in a State;
(2) To any assets of such an insurance company or any assets of a plan which are held by such an insurance company;