Subject: File No. S7-14-08
From: Gene E Herscher
Affiliation: president Strategic Planning Assistance

September 4, 2008


Dear Sir:

I am deeply troubled that the SEC seeks to make Fixed Indexed
annuities come under there domain and require additional oversight which already being done by state insurance commissions.

I do realize that some companies and agents have compared
this type of annuity to security products,but a few bad apples does not make the whole industry accountable otherwise every industry would come under siege.

I would encourage you to reconsider this attempt to seize this attempt which I do not believe would help the consumer which is most important.

Certain marketing,advertising and products should be reviewed by all but to overhaul and destroy this area where
this product does fit many clients is absolutely nuts.

It should be stated it is called fixed index annuity based upon insurance not security principles of minimum guarantees
whereby the client does not have to worry about the loss of money based upon the contract. For the millions of agents
and clients who desire the possibility of upside of the market with a guarantee from a company of not losing their principle it is an insurance based product that needs to be based upon state regulation.

thank you