Common use of Change of Contract Clause in Contracts

Change of Contract. The Company reserves the right to make any change to the provisions of the Contract to comply with or give the Participant the benefit of any federal or state statute, rule or regulation. This includes, but is not limited to, requirements for annuity contracts under the Internal Revenue Code or the laws of any state. The Company will provide the Owner with a copy of any such change and will also file such a change with the insurance regulatory officials of the state in which the Contract is delivered. In addition, upon at least 30 days written notice to the Owner, the Company may make other changes to this Contract that will apply only to individuals who become Participants after the effective date of such change. All such changes will be subject to any applicable regulatory requirements. FUTURE PARTICIPANTS The Company may in its discretion curtail or prohibit new Participants under the Contract upon written notice to the Owner. MISSTATEMENT OF AGE OR SEX If the age or sex of the Participant has been misstated, payments shall be adjusted, when allowed by law, to the amount which would have been provided for the correct age or sex. Proof of the age of Participant may be required at any time, in a form suitable to the Company. If payments have already commenced and the misstatement has caused an underpayment, the full amount due will be paid with the next scheduled payment. If the misstatement has caused an overpayment, the amount due will be deducted from one or more future payments. EVIDENCE OF SURVIVAL When any payments under the Contract depend on the payee being alive on a given date, proof that the payee is living may be required by the Company. Such proof must be in a form accepted by the Company. The Company will have the right to make reduced payments or withhold payments entirely until such proof is received. INCONTESTABILITY The Contract will not be contested after it has been in force for two years from the Contract Date during the life of the Participant. -7- BP 630AA1 -------------------------------------------------------------------------------- GENERAL PROVISIONS (Continued) -------------------------------------------------------------------------------- ASSIGNMENT The Contract cannot be sold, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation. The benefits, values, and rights under the Contract are not subject to any creditor claims to the fullest extent permitted by law. The Contract and its rights cannot be transferred to anyone other than the Company, except as provided under the Plan or under a domestic relations order properly issued by a court of competent jurisdiction and that complies with ERISA, if applicable. To the extent permitted by the Code and applicable law, the Company will make a Full or Partial Withdrawal payable to a third party upon the Participant's request. TRANSFERS The Participant may Transfer Contract Value among the General Account options and Series subject to the following. The Participant may make only 14 Transfers per Contract Year. Transfers are not allowed within 30 days of the Annuity Commencement Date. Automatic Transfers are not included in the 14 Transfers allowed per Contract Year. After the Annuity Commencement Date, for Annuity Options 1 through 4, 7 and 8, the Owner may Transfer Contract Value only among Series. With respect to the DCA Plus Account, Transfers are allowed from that Account only to the Series and Transfers are not allowed from any Series or the Traditional General Account to the DCA Plus Account.

Appears in 1 contract

Samples: Variflex

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Change of Contract. The Company reserves the right to make any change to the provisions of the Contract to comply with or give the Participant the benefit of any federal or state statute, rule or regulation. This includes, but is not limited to, requirements for annuity contracts under the Internal Revenue Code or the laws of any state. The Company will provide the Owner with a copy of any such change and will also file such a change with the insurance regulatory officials of the state in which the Contract is delivered. In addition, upon at least 30 days written notice to the Owner, the Company may make other changes to this Contract that will apply only to individuals who become Participants after the effective date of such change. All such changes will be subject to any applicable regulatory requirements. FUTURE PARTICIPANTS The Company may in its discretion curtail or prohibit new Participants under the Contract upon written notice to the Owner. MISSTATEMENT OF AGE OR SEX If the age or sex of the Participant has been misstated, payments shall be adjusted, when allowed by law, to the amount which would have been provided for the correct age or sexage. Proof of the age of the Participant may be required at any time, in a form suitable to the Company. If payments have already commenced and the misstatement has caused an underpayment, the full amount due will be paid with the next scheduled payment. If the misstatement has caused an overpayment, the amount due will be deducted from one or more future payments. EVIDENCE OF SURVIVAL When any payments under the this Contract depend on the payee being alive on a given date, proof that the payee is living may be required by the Company. Such proof must be in a form accepted by the Company, and may be required prior to making the payments. The Company will have the right to make reduced payments or withhold payments entirely until such proof is received. INCONTESTABILITY The Contract will not be contested after it has been in force for two years from the Contract Date during the life of the Participant. -7- BP 630AA1 -------------------------------------------------------------------------------- GENERAL PROVISIONS (Continued) -------------------------------------------------------------------------------- ASSIGNMENT The This Contract cannot be sold, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation. The benefits, values, and rights under the Contract are not subject to any creditor claims to the fullest extent permitted by law. The Contract and its rights cannot be transferred to anyone other than the Company, except as provided under the Plan or under a domestic relations order properly issued by a court of competent jurisdiction and that complies with ERISA, if applicable. To the extent permitted by the Internal Revenue Code and applicable law, the Company will make a Full or Partial Withdrawal payable to a third party upon the Participant's request. -7- BP 6023R1 -------------------------------------------------------------------------------- GENERAL PROVISIONS (Continued) -------------------------------------------------------------------------------- TRANSFERS The Participant may Transfer Contract Value among the General Account options and Series subject to the following. The Participant may make only 14 Transfers transfers per Contract Year. Transfers are not allowed within 30 days of the Annuity Commencement Date. Automatic Transfers are not included in the 14 Transfers transfers allowed per Contract Year. After the Annuity Commencement Date, for Annuity Options 1 through 4, 7 and 8, the Owner Participant may Transfer Contract Value only among Series. With respect The Company reserves the right to: (1) limit the amount that may be subject to Transfer; (2) waive or limit the number of Transfers allowed each Contract Year; and (3) suspend Transfers. Transfers must be at least $500.00 or, if less, the remaining balance in the General Account or a Series. The total dollar amount that may be Transferred from the General Account in a Contract Year is limited to the DCA Plus Account, Transfers are allowed from that Account only to the Series and Transfers are not allowed from any Series or the Traditional General Account to the DCA Plus Account.greatest of:

Appears in 1 contract

Samples: Variflex

Change of Contract. The Company reserves the right to make any change to the provisions of the Contract to comply with or give the Participant the benefit of any federal or state statute, rule or regulation. This includes, but is not limited to, requirements for annuity contracts under the Internal Revenue Code or the laws of any state. The Company will provide the Owner with a copy of any such change and will also file such a change with the insurance regulatory officials of the state in which the Contract is delivered. In addition, upon at least 30 days written notice to the Owner, the Company may make other changes to this Contract that will apply only to individuals who become Participants after the effective date of such change. All such changes will be subject to any applicable regulatory requirements. FUTURE PARTICIPANTS The Company may in its discretion curtail or prohibit new Participants under the Contract upon written notice to the Owner. MISSTATEMENT OF AGE OR SEX If the age or sex of the Participant has been misstated, payments shall be adjusted, when allowed by law, to the amount which would have been provided for the correct age or sex. Proof of the age of the Participant may be required at any time, in a form suitable to the Company. If payments have already commenced and the misstatement has caused an underpayment, the full amount due will be paid with the next scheduled payment. If the misstatement has caused an overpayment, the amount due will be deducted from one or more future payments. EVIDENCE OF SURVIVAL When any payments under the this Contract depend on the payee being alive on a given date, proof that the payee is living may be required by the Company. Such proof must be in a form accepted by the Company, and may be required prior to making the payments. The Company will have the right to make reduced payments or withhold payments entirely until such proof is received. INCONTESTABILITY The Contract will not be contested after it has been in force for two years from the Contract Date during the life of the Participant. -7- BP 630AA1 -------------------------------------------------------------------------------- GENERAL PROVISIONS (Continued) -------------------------------------------------------------------------------- ASSIGNMENT The This Contract cannot be sold, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation. The benefits, values, and rights under the Contract are not subject to any creditor claims to the fullest extent permitted by law. The Contract and its rights cannot be transferred to anyone other than the Company, except as provided under the Plan or under a domestic relations order properly issued by a court of competent jurisdiction and that complies with ERISA, if applicable. To the extent permitted by the Internal Revenue Code and applicable law, the Company will make a Full or Partial Withdrawal payable to a third party upon the Participant's request. -7- BP 6023D1 -------------------------------------------------------------------------------- GENERAL PROVISIONS (Continued) -------------------------------------------------------------------------------- TRANSFERS The Participant may Transfer Contract Value among the General Account options and Series subject to the following. The Participant may make only 14 Transfers transfers per Contract Year. Transfers are not allowed within 30 days of the Annuity Commencement Date. Automatic Transfers are not included in the 14 Transfers transfers allowed per Contract Year. After the Annuity Commencement Date, for Annuity Options 1 through 4, 7 and 8, the Owner Participant may Transfer Contract Value only among Series. With respect The Company reserves the right to: (1) limit the amount that may be subject to Transfer; (2) waive or limit the number of Transfers allowed each Contract Year; and (3) suspend Transfers. Transfers must be at least $500.00 or, if less, the remaining balance in the General Account or a Series. The total dollar amount that may be Transferred from the General Account in a Contract Year is limited to the DCA Plus Account, Transfers are allowed from that Account only to the Series and Transfers are not allowed from any Series or the Traditional General Account to the DCA Plus Account.greatest of:

Appears in 1 contract

Samples: Variflex

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Change of Contract. The Company reserves the right to make any change to the provisions of the Contract to comply with or give the Participant the benefit of any federal or state statute, rule or regulation. This includes, but is not limited to, requirements for annuity contracts under the Internal Revenue Code or the laws of any state. The Company will provide the Owner with a copy of any such change and will also file such a change with the insurance regulatory officials of the state in which the Contract is delivered. In addition, upon at least 30 days written notice to the Owner, the Company may make other changes to this Contract that will apply only to individuals who become Participants after the effective date of such change. All such changes will be subject to any applicable regulatory requirements. FUTURE PARTICIPANTS The Company may in its discretion curtail or prohibit new Participants under the Contract upon written notice to the Owner. MISSTATEMENT OF AGE OR SEX If the age or sex of the Participant has been misstated, payments shall be adjusted, when allowed by law, to the amount which would have been provided for the correct age or sexage. Proof of the age of Participant may be required at any time, in a form suitable to the Company. If payments have already commenced and the misstatement has caused an underpayment, the full amount due will be paid with the next scheduled payment. If the misstatement has caused an overpayment, the amount due will be deducted from one or more future payments. EVIDENCE OF SURVIVAL When any payments under the Contract depend on the payee being alive on a given date, proof that the payee is living may be required by the Company. Such proof must be in a form accepted by the Company. The Company will have the right to make reduced payments or withhold payments entirely until such proof is received. INCONTESTABILITY The Contract will not be contested after it has been in force for two years from the Contract Date during the life of the Participant. -7- BP 630AA1 630BB1 -------------------------------------------------------------------------------- GENERAL PROVISIONS (Continued) -------------------------------------------------------------------------------- ASSIGNMENT The Contract cannot be sold, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation. The benefits, values, and rights under the Contract are not subject to any creditor claims to the fullest extent permitted by law. The Contract and its rights cannot be transferred to anyone other than the Company, except as provided under the Plan or under a domestic relations order properly issued by a court of competent jurisdiction and that complies with ERISA, if applicable. To the extent permitted by the Code and applicable law, the Company will make a Full or Partial Withdrawal payable to a third party upon the Participant's request. TRANSFERS The Participant may Transfer Contract Value among the General Account options and Series subject to the following. The Participant may make only 14 Transfers per Contract Year. Transfers are not allowed within 30 days of the Annuity Commencement Date. Automatic Transfers are not included in the 14 Transfers allowed per Contract Year. After the Annuity Commencement Date, for Annuity Options 1 through 4, 7 and 8, the Owner may Transfer Contract Value only among Series. With respect to the DCA Plus Account, Transfers are allowed from that Account only to the Series and Transfers are not allowed from any Series or the Traditional General Account to the DCA Plus Account.

Appears in 1 contract

Samples: Variflex

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