Prospectus supplement US007924AH66 - Aegon

ERISA CONSIDERATIONS
A fiduciary of a pension, profit-sharing or other employee benefit plan subject to the U.S.
Employee Retirement Income Security Act of 1974, as amended (‘‘ERISA’’), should consider the
fiduciary standards of ERISA in the context of the plan’s particular circumstances before authorizing an
investment in securities offered hereby. Among other factors, the fiduciary should consider whether the
investment would satisfy the prudence and diversification requirements of ERISA and would be
consistent with the documents and instruments governing the plan.
Section 406 of ERISA and Section 4975 of the U.S. Internal Revenue Code of 1986, as amended
(the ‘‘Code’’) prohibit an employee benefit plan, as well as individual retirement accounts and Keogh
plans subject to Section 4975 of the Code, from engaging in certain transactions involving ‘‘plan assets’’
with persons who are ‘‘parties in interest’’ under ERISA or ‘‘disqualified persons’’ under the Code with
respect to the plan. A violation of these ‘‘prohibited transaction’’ rules may result in excise tax or other
liabilities under ERISA and Section 4975 of the Code for such persons, unless exemptive relief is
available under an applicable statutory or administrative exemption. Therefore, a fiduciary of an
employee benefit plan should also consider whether an investment in securities offered hereby might
constitute or give rise to a prohibited transaction under ERISA and the Code. Employee benefit plans
which are governmental plans (as defined in Section 3(32) of ERISA), certain church plans (as defined
in Section 3(33) of ERISA), and non-U.S. plans (as described in Section 4(b)(4) of ERISA) generally
are not subject to the requirements of ERISA or Section 4975 of the Code, but may be subject to other
federal, state, local or non-U.S. laws that are substantially similar to the provisions of Section 406 of
ERISA or Section 4975 of the Code (‘‘Similar Laws’’).
We and certain of our subsidiaries may be a party in interest or disqualified person with respect to
an employee benefit plan if, for example, we or a subsidiary provides services to the plan. Special
caution should be exercised in that event, before securities offered hereby are purchased by the plan. In
particular, the fiduciary of the plan should consider whether exemptive relief from the prohibited
transaction provisions of ERISA and the Code is available under an applicable regulatory or
administrative exemption. Section 408(b)(17) of ERISA and Section 4975(d)(20) of the Code provide
an exemption for the purchase and sale of securities where neither Allianz nor any of its affiliates have
or exercise any discretionary authority or control or render any investment advice with respect to the
assets of the plan involved in the transaction and the plan pays no more and receives no less than
‘‘adequate consideration’’ in connection with the transaction (the ‘‘service provider exemption’’). In
addition, the U.S. Department of Labor has issued five prohibited transaction class exemptions that
could apply to exempt the purchase, sale and holding of securities offered hereby from the prohibited
transaction provisions of ERISA and the Code. Those class exemptions are Prohibited Transaction
Exemption 96-23 (for certain transactions determined by in-house asset managers), Prohibited
Transaction Exemption 95-60 (for certain transactions involving insurance company general accounts),
Prohibited Transaction Exemption 91-38 (for certain transactions involving bank collective investment
funds), Prohibited Transaction Exemption 90-1 (for certain transactions involving insurance company
separate accounts), and Prohibited Transaction Exemption 84-14 (for certain transactions determined by
independent qualified asset managers).
Because of the complexity of these rules and the penalties that may be imposed upon persons
involved in non-exempt prohibited transactions, it is particularly important that fiduciaries or other
persons considering the purchase of any securities offered hereby on behalf of or with ‘‘plan assets’’ of
any employee benefit plan consult with their counsel regarding the consequences under ERISA and the
Code of the acquisition of such securities and the availability of exemptive relief under the service
provider exemption, Prohibited Transaction Exemption 96-23, 95-60, 91-38, 90-1 or 84-14 or similar
exemptions from Similar Laws. Purchasers of securities offered hereby have exclusive responsibility for
ensuring that their purchase and holding of the securities do not violate the fiduciary or prohibited
transaction rules of ERISA or the Code. The sale of any securities offered hereby to a plan subject to
ERISA or the Code or any Similar Laws is in no respect a representation by us or any of our affiliates
or representatives that such an investment meets all relevant legal requirements with respect to
investments by any such plan generally or any particular plan, or that such investment is appropriate
for such plans generally or any particular plan.
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