Common use of Applicable Tax Law Clause in Contracts

Applicable Tax Law. For you and the beneficiary to receive the tax treatment accorded to life insurance under Federal law, this policy must qualify initially and continue to qualify as life insurance under the Code or successor law. Therefore, we have reserved earlier in this policy the right to decline to accept premium payments, to decline to change death benefit options, to decline to change the face amount, or to decline to make partial withdrawals that, in our opinion, would cause this policy to fail to qualify as life insurance under applicable tax law. Further, we reserve the right to make changes in this policy or its riders (for example, in the percentages on Page 4- Continued), or to require additional premium payments, or to make distributions from this policy or to change the face amount to the extent we deem it necessary to continue to qualify this policy as life insurance. Any such changes will apply uniformly to all policies that are affected. You will be given advance written notice of such changes. CHANGES IN POLICY COST FACTORS. Changes in policy cost factors (interest rates we credit to our GIA, cost of insurance deductions and expense charges) will be on a basis that is equitable to all policyholders of a given class, and will be determined based on reasonable assumptions as to expenses, mortality, policy and contract claims, taxes, investment income, and lapses. Any change in policy cost factors will never result in an interest crediting rate that is lower than that guaranteed in the policy, or policy charges that exceed the maximum policy charges guaranteed in the policy. Any change in policy cost factors will be determined in accordance with procedures and standards on file, if required, with the insurance supervisory official of the jurisdiction in which this policy is delivered. WHEN THE POLICY IS INCONTESTABLE. We have the right to contest the validity of this policy based on material misstatements made in the initial application for this policy. However, with respect to each insured person, we will not contest the validity of this policy after it has been in effect during the lifetime of that insured person for two years from the earlier of the Register Date or date of issue shown in the Policy Information section. At the end of the second policy year, we will mail you a notice requesting that you tell us if either insured person has died. Failure to tell us of the death of an insured person will not avoid a contest, if we have basis to contest the policy, even if the policy is still in force. We also have the right to contest the validity of any policy change or restoration based on material misstatements made in any application for that change or restoration. We will not contest any policy change that requires evidence of insurability, or any restoration of this policy, after the change or restoration has been in effect for two years during the lifetime of the insured persons or insured person living at the time the change or restoration takes effect. No statement shall be used to contest a claim unless contained in an application. All statements made in an application are representations and not warranties. See any additional benefit riders for modifications of this provision that apply to them. WHAT IF AGE OR SEX HAS BEEN MISSTATED? If either or both insured person's age or sex has been misstated on any application, the death benefit and any benefits provided by riders to this policy shall be those which would be purchased by the most recent deduction for the cost of insurance, and the cost of any benefits provided by riders, at the correct ages and sexes.

Appears in 1 contract

Samples: Variable Life Insurance Policy (Separate Account Fp of Equitable Life Assur Soc of the Us)

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Applicable Tax Law. For you and the beneficiary to receive the tax treatment accorded to life insurance under Federal law, this policy must qualify initially and continue to qualify as life insurance under the Code or successor law. Therefore, we have reserved earlier in this policy the right to decline to accept premium payments, to decline to change death benefit options, to decline to change the face amountFace Amount of Insurance, or to decline to make partial withdrawals that, in our opinion, would cause this policy to fail to qualify as life insurance under applicable tax law. Further, we reserve the right to make changes in this policy or its riders (for example, in the percentages on Page 4- Continued), 6) or to require additional premium payments, payments or to make distributions from this policy or to change the face amount Face Amount of Insurance to the extent we deem it necessary to continue to qualify this policy as life insurance. Any such changes will apply uniformly to all policies that are affected. You will be given advance written notice of such changes. CHANGES IN POLICY COST FACTORS. Changes in policy cost factors (interest rates we credit to our GIAcredit, cost of insurance deductions and expense charges) will be on a basis that is equitable to all policyholders of a given class, by class and will be determined based on reasonable assumptions as to expensesupon changes in future expectations for such elements as: investment earnings, mortality, policy persistency, expenses and contract claims, taxes, investment income, and lapses. Any change in policy cost factors will never result in an interest crediting rate that is lower than that guaranteed in the policy, or policy charges that exceed the maximum policy charges guaranteed in the policy. Any change in policy cost factors will be determined in accordance with procedures and standards on file, if required, with the insurance supervisory official of the jurisdiction in which this policy is delivered. WHEN THE POLICY IS INCONTESTABLE. We have the right to contest the validity of this policy based on material misstatements made in the initial application for this policy. However, with respect to each insured person, we will not contest the validity of this policy after it has been in effect during the lifetime of that insured person for two years from the earlier of the Register Date or date of issue shown in the Policy Information section. At the end of the second policy year, we will mail you a notice requesting that you tell us if either insured person has died. Failure to tell us of the death of an insured person will not avoid a contest, if we have basis to contest the policy, even if the policy is still in force. We also have the right to contest the validity of any policy change or restoration based on material misstatements made in any application for that change or restoration. However, we will not contest the validity of this policy after it has been in effect during the lifetime of the insured person for two years from the date of issue shown in the Policy Information section. We will not contest any policy change that requires evidence of insurability, or any restoration of this policy, after the change or restoration has been in effect for two years during the lifetime of the insured persons or insured person living at the time the change or restoration takes effectperson's lifetime. No statement shall be used to contest a claim unless contained in an application. All statements made in an application are representations and not warranties. See any additional benefit riders for modifications of this provision that apply to them. WHAT IF AGE OR SEX HAS BEEN MISSTATED? If either or both the insured person's age or sex has been misstated on any application, the death benefit and any benefits provided by riders to this policy shall be those which would be purchased by the most recent deduction for the cost of insurance, and the cost of any benefits provided by riders, at the correct ages age and sexessex. HOW THE SUICIDE EXCLUSION AFFECTS BENEFITS. If the insured person commits suicide (while sane or insane) within two years after the Date of Issue shown in the Policy Information section, our liability will be limited to the payment of a single sum. This sum will be equal to the premiums paid, minus any loan and accrued loan interest and minus any partial withdrawal of the Net Cash Surrender Value. If the insured person commits suicide (while sane or insane) within two years after the effective date of a change that you asked for that increases the death benefit, then our liability as to the increase in amount will be limited to the payment of a single sum equal to the monthly cost of insurance deductions made for such increase plus the expense charge deducted for the increase (see Page 7).

Appears in 1 contract

Samples: Flexible Premium Variable Life Insurance Policy (Separate Account Fp of Equitable Variable Life Insurance Co)

Applicable Tax Law. For you and the beneficiary to receive the tax treatment accorded to life insurance under Federal law, this policy must qualify initially and continue to qualify as life insurance under the Code or successor law. Therefore, we have reserved earlier in this policy the right to decline to accept premium payments, to decline to change death benefit options, to decline to change the face amountFace Amount of Insurance, or to decline to make partial withdrawals that, in our opinion, would cause this policy to fail to qualify as life insurance under applicable tax law. Further, we reserve the right to make changes in this policy or its riders (for example, in the percentages on Page 4- Continued6), or to require additional premium payments, or to make distributions from this policy or to change the face amount Face Amount of Insurance to the extent we deem it necessary to continue to qualify this policy as life insurance. Any such changes will apply uniformly to all policies that are affected. You will be given advance written notice of such changes. CHANGES IN POLICY COST FACTORS. Changes in policy cost factors (interest rates we credit to our GIAcredit, cost of insurance deductions and expense charges) will be on a basis that is equitable to all policyholders of a given class, by class and will be determined based on reasonable assumptions upon changes in future expectations for such elements as to expensesinvestment earnings, mortality, policy persistency, expenses and contract claims, taxes, investment income, and lapses. Any change in policy cost factors will never result in an interest crediting rate that is lower than that guaranteed in the policy, or policy charges that exceed the maximum policy charges guaranteed in the policy. Any change in policy cost factors will be determined in accordance with procedures and standards on file, if required, with the insurance supervisory official of the jurisdiction in which this policy is delivered. WHEN THE POLICY IS INCONTESTABLE. We have the right to contest the validity of this policy based on material misstatements made in the initial application for this policy. However, with respect to each insured person, we will not contest the validity of this policy after it has been in effect during the lifetime of that insured person for two years from the earlier of the Register Date or date of issue shown in the Policy Information section. At the end of the second policy year, we will mail you a notice requesting that you tell us if either insured person has died. Failure to tell us of the death of an insured person will not avoid a contest, if we have basis to contest the policy, even if the policy is still in force. We also have the right to contest the validity of any policy change or restoration based on material misstatements made in any application for that change or restoration. However, we will not contest the validity of this policy after it has been in effect during the lifetime of the insured person for two years from the earlier of the Register Date or the date of issue shown in the "Policy Information" section. We will not contest any policy change that requires evidence of insurability, or any restoration of this policy, after the change or restoration has been in effect for two years during the lifetime of the insured persons or insured person living at the time the change or restoration takes effectperson's lifetime. No statement shall be used to contest a claim unless contained in an application. All statements made in an application are representations and not warranties. See any additional benefit riders for modifications of this provision that apply to them. WHAT IF AGE OR SEX HAS BEEN MISSTATED? If either or both the insured person's age or sex has been misstated on any application, the death benefit and any benefits provided by riders to this policy shall be those which would be purchased by the most recent deduction for the cost of insurance, and the cost of any benefits provided by riders, at the correct ages age and sexessex.

Appears in 1 contract

Samples: Variable Life Insurance Policy (Separate Account Fp of Equitable Life Assur Soc of the Us)

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Applicable Tax Law. For you and the beneficiary to receive the tax treatment accorded to life insurance under the Federal law, this policy must qualify initially and continue to qualify as life insurance under the Internal Revenue Code or successor law. Therefore, to assure this qualification for you we have reserved earlier in this policy reserve the right to refund the portion of any premium payment or to decline to accept additional premium payments, to decline to change death benefit options, to decline to change the face amount, or to decline to make partial withdrawals that, in our opinion, payments that would cause this the policy to fail to qualify as life insurance under applicable tax lawlaw as interpreted by us. Further, we reserve the right to make changes in this policy or its riders (for example, example in the percentages factors on Page 4- Continued), or to require additional premium payments, 4) or to make distributions from this the policy or to change the face amount to the extent we deem it necessary to continue to qualify this policy as life insurance. Any such changes will apply uniformly to all policies that are affected. You will be given advance written notice of such changes. CHANGES IN POLICY COST FACTORS. Changes in policy cost factors (interest rates we credit to our GIAthe charge for the mortality and expense risk, the administrative cost charge, the mortality charge and the cost of insurance deductions and expense charges) will be on a basis that is equitable to all policyholders of a given class, by class and will be determined based on reasonable assumptions upon changes in future expectation for such elements as to expenses, mortality, policy persistency, expenses and contract claims, taxes, investment income, and lapses. Any change in policy cost factors will never result in an interest crediting rate that is lower than that guaranteed in the policy, or policy charges that exceed the maximum policy charges guaranteed in the policy. Any change in policy cost factors will be determined in accordance with procedures and standards on file, if required, with the insurance supervisory official of the jurisdiction in which this policy is delivered. WHEN THE POLICY IS INCONTESTABLE. We have the right to contest the validity of this policy based on material misstatements made in the initial application for this policy. We also have the right to contest the validity of any increase in the Insurance Benefit attributable to any additional premium based on material misstatements made in any application in connection with that premium. However, with respect to each insured person, we will not contest the validity of this policy after it has been in effect during the lifetime of that the insured person for two years from the earlier Date of the Register Date or date of issue Issue shown in the Policy Information section. At the end of the second policy year, we will mail you a notice requesting that you tell us if either insured person has died. Failure to tell us of the death of an insured person will not avoid a contest, if we have basis to contest the policy, even if the policy is still in force. We also have the right to contest the validity of any policy change or restoration based on material misstatements made in any application for that change or restoration. We will not contest any policy change that requires evidence of insurability, or increase in the Insurance Benefit attributable to any restoration of this policy, additional premium after the change or restoration such increase has been in effect for two years during the lifetime of the insured persons or insured person living at the time the change or restoration takes effectperson's lifetime. No statement shall be used to contest a claim unless contained in an application. All statements made in an application are representations and not warranties. See any additional benefit riders for modifications of this provision that apply to them. OTHER IMPORTANT INFORMATION (continued) WHAT IF AGE OR SEX HAS BEEN MISSTATED? If either or both the insured person's age or sex has been misstated on any the application, the death benefit and any benefits provided by riders to this policy shall Insurance Benefit will be those which would be purchased by calculated using the most recent deduction appropriate factor (see Page 4) for the cost of insurance, and the cost of any benefits provided by riders, at the correct ages and sexesage or sex.

Appears in 1 contract

Samples: Variable Life Insurance Policy (Separate Account Fp of Equitable Variable Life Insurance Co)

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