Disclosures & Disclaimers

This page consolidates the disclosures and disclaimers that apply to information, calculators, and product representations across theoptivgroup.com. These disclosures are summary statements; the full terms and conditions of any insurance product or benefit plan are governed by the applicable policy documents and engagement agreements between you and Optiv or the issuing carrier.

General Disclaimer

Savings & Calculator Disclaimer

Calculators and modeling tools on theoptivgroup.com — including the FICA Savings Calculator, Optiv Advantage Calculator, and any similar tools — produce estimates based on the inputs provided and the assumptions disclosed within each tool. Calculator outputs:

• Are estimates, not guarantees of actual savings, costs, or coverage outcomes.
• Use the federal employer FICA tax rate of 7.65% (Social Security 6.2% + Medicare 1.45%) and do not account for state income tax variations unless specifically indicated.
• Assume the $35 per-employee-per-month (PEPM) administrative fee disclosed within the calculator and on the relevant product pages.
• Apply assumed participation rates that may differ from your workforce's actual elections. Default participation in calculator tools is typically 95%, reflecting Optiv's average across active client employer groups.
• Do not factor in plan-design variations, custom carrier underwriting decisions, or atypical compensation structures (heavy tip income, pre-existing pre-tax deductions, multi-state payroll complexity).

Actual results depend on your specific circumstances, your employees' elections, and the underlying carrier and TPA arrangements. The only way to obtain an accurate projection is through a formal proposal prepared by Optiv after reviewing your census, payroll structure, and current benefits.

Plan Description & Coverage Disclaimer

Descriptions of the 125 Smart Plan, Optiv Advantage, voluntary indemnity benefits, and related products on theoptivgroup.com are summaries presented for educational purposes. They do not constitute the full terms of any insurance contract or benefit plan. Specific coverage limits, exclusions, waiting periods, eligibility requirements, claim filing procedures, and renewal terms are governed by the applicable policy documents issued by the carrier and the plan documents executed between the employer and the issuing carrier or third-party administrator.

Insurance products described on the Sites are issued by carriers including Crum & Forster (a member of the Fairfax Financial Holdings group), Clear Springs Health, and Federal Life. Carrier financial strength ratings and asset figures cited on the Sites are sourced from public regulatory filings and rating agencies (S&P Global Ratings, AM Best) at the dates indicated; ratings may change.

Section 125 & Related IRC Disclosures

The 125 Smart Plan is structured to comply with Internal Revenue Code Section 125 (Cafeteria Plans), Section 105(b) (medical expense reimbursements), and Section 213(d) (qualified medical expenses). Compliance with these provisions depends on plan design, plan documentation, nondiscrimination testing, and ongoing administration. Optiv works with third-party administrators and issuing carriers to support compliance, but the employer remains the plan sponsor and is ultimately responsible for plan compliance.

A favorable legal opinion regarding the structure of the 125 Smart Plan was issued by Brennan, Manna & Diamond LLC on September 22, 2025. That opinion is available in full at /resources/legal-opinion/. The opinion is based on the law as of its date and on the specific facts presented to that law firm. Tax law changes, IRS guidance, and individual employer circumstances may affect application of the conclusions reached.

ICHRA (Individual Coverage Health Reimbursement Arrangement) products described on the Sites are governed by the federal regulations issued in 2019 by the U.S. Departments of Treasury, Labor, and Health and Human Services. ICHRA is not group health insurance; it is a defined-contribution funding mechanism that allows employers to reimburse employees for individual health insurance premiums on a tax-advantaged basis. ICHRA implementation requires specific documentation, notice requirements, and ongoing administration that Optiv supports through its third-party partners.

Administrative Fee Disclosure

The 125 Smart Plan and related Optiv programs include a per-employee-per-month (PEPM) administrative fee, currently $35 PEPM. This fee covers third-party administration, plan documentation, nondiscrimination testing, claims processing, and ongoing compliance support. The fee is disclosed within the calculator math, on each product page, and in the engagement agreement. Marketing language that describes the program as having "net employer savings" or "net annual savings" reflects savings calculations after the administrative fee has been deducted.

Forward-Looking Statements

Some statements on theoptivgroup.com — including projections of savings, retention impact, participation rates, and employee take-home effects — are forward-looking statements based on historical Optiv client data, industry research, and reasonable assumptions. Forward-looking statements are inherently uncertain and actual results may differ. References to industry statistics (such as caregiver turnover rates, restaurant industry margins, construction workforce dynamics) cite the sources from which they were drawn and are presented for context, not as predictions specific to your business.

Texas Insurance Licensing Disclosure

The Optiv Group operates through Brian Berkenbile, a Texas-licensed insurance producer (Texas License #3376489). Optiv is licensed and authorized to conduct insurance business in [STATE LIST — to be confirmed against current NIPR record]. Insurance products may not be available in all states, and product availability, terms, and pricing vary by state. Texas residents may verify Optiv's license status through the Texas Department of Insurance at tdi.texas.gov.

If you are an insurance regulator, broker, or carrier with questions about Optiv's licensing status or product representations, please contact us at brian@theoptivgroup.com or 833-MY-OPTIV.

Marketing & Testimonials

Customer testimonials and case studies presented on theoptivgroup.com are based on actual Optiv client experiences. Names, locations, and identifying details have been changed or omitted to protect client confidentiality. Cited financial outcomes (savings figures, participation rates, renewal rates) are drawn from documented Optiv client results and represent actual outcomes for those specific employers; individual results vary based on workforce composition, plan design, and implementation factors. Testimonials should not be interpreted as guarantees of similar results for your business.

Carrier Financial Information

Carrier financial strength figures cited on theoptivgroup.com are sourced from public filings and rating agencies as of the dates referenced (typically as of year-end 2024 or 2025 for asset figures; rating agency reports for ratings). Optiv updates these figures periodically. Current carrier financial information is available directly from the carriers and from rating agencies (S&P Global Ratings, AM Best, Moody's). Carrier financial strength does not guarantee any particular product feature or claim outcome; specific claim handling is governed by the policy documents.

Compensation Disclosure

As a licensed insurance producer, Optiv receives commissions and other compensation from carriers and third-party administrators in connection with placing and servicing insurance products. Specific compensation arrangements vary by product line and carrier and are disclosed in detail to clients during the engagement process. Optiv's compensation does not increase the cost of insurance products to the employer; carriers' rates are filed with state insurance regulators and do not vary based on producer compensation.

No Affiliation with Government

The Optiv Group is a private business. We are not affiliated with the IRS, Department of Labor, Department of Health and Human Services, the Texas Department of Insurance, or any other federal or state government agency. References to IRS code sections, federal regulations, and state laws on theoptivgroup.com are made for educational purposes; we are not a government source for tax or regulatory information. For official guidance, consult the relevant agency or your own qualified advisor.

Updates & Material Changes

Disclosures on this page are reviewed periodically and updated when material changes occur — including changes to product offerings, administrative fees, carrier relationships, or applicable law. The "Last Updated" date at the top of this page indicates when the most recent change was made. Significant changes that affect existing clients or active proposals will be communicated directly.

Contact for Disclosure Questions

Questions about any disclosure on this page? Contact us:
The Optiv Group, LLC
Attn: Compliance & Disclosures
130 N. Preston Rd., #303  ·  Prosper, TX 75078
brian@theoptivgroup.com  ·  833-MY-OPTIV  ·  Texas License #3376489