November 13, 2008

Subject: File No. s7-14-08

SEC Rules committee,

My name is John Berlet

I'm a member in good standing of FPA and oppose the proposed rule change.

I run a small registered investment advisory firm in Austin Texas, and cut my teeth on the insurance side of the business for the past thirty years. Over the past nine years I've recommended the fixed indexed annuity to my clients.

I strive to make sure my clients understand the fixed indexed annuities and only recommend products that meet their time horizons. Regularly I hear from my clients and they are happy with their decision to purchase this product for the portion of their savings they did not want to risk. I make certain I plan for liquidity, income and taxation needs.

The few state's I'm licensed in, do a good job with suitability issues and agent enforcement of the many compliant issues. In my opinion the series 65 is sufficient additional regulation to help police the bad apples who mislead or fail to disclose the pros and cons.

I believe the SEC should focus its attention on equity and risk products that so many investors/savers are not aware of all the underlying risk associated such assets, like credit default swaps and corporate greed.

For what its worth: I personally have the vast majority of my personal retirement savings, (7 policies between my wife and I) invested in fixed indexed annuities. We sleep very well at night knowing that our clients and our money have been protected from the current stock market turmoil and believe that our money will be available when we need it most.

Thank you for taking the time to listen to my concerns and others who strive to do right and find the existing regulatory requirements sufficient if not overloading and tasking on the small individual producer's.

John Berlet- CEO
Boomer's Advisory Group LLC Registered Investment Advisor Representative
Licensed Insurance Agent TX,CA,CO.OH.