Sec. 261.2. Applicability

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(a) This Part shall apply to any prepaid legal services plan policy or certificate issued or delivered in this State, or issued or delivered by an authorized insurer on risks or operations in this State, on or after April 1, 1999.
(b) Provided that the transaction does not violate section 1102 of the Insurance Law, this Part shall not apply to:
(1) an attorney retainer agreement as defined in section 261.1(b) of this Part;
(2) a referral service as authorized by Judiciary Law, section 498;
(3) the furnishing of legal assistance by a labor union or other employee organization to its members in matters relating to employment;
(4) an employee welfare benefit plan to the extent that state laws are preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1144; or
(5) an access plan as defined in section 261.1(a) of this Part, unless provided by an authorized insurer.

                    
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