Common use of Noncontractual Increases Clause in Contracts

Noncontractual Increases. If the amount of insurance is increased as a result of a noncontractual change, the increase will be underwritten by the Ceding Company in accordance with its customary standards and procedures. The policy will be reinsured under this Agreement using the total risk amount as adjusted in accordance with Article 5. If the noncontractual increase exceeds $25,000, for purposes of reinsurance premium and allowance determination, the issue age, underwriting assessment, amount, and duration of each separate layer of coverage will be used, that is, the reinsurance premium and allowance for each increase will be initially calculated using the issue age that is the current attained age of the insured and duration 1. If the noncontractual increase is $25,000 or less, the increase will be combined with the earliest layer of coverage and for purposes of reinsurance premium and allowance determination, the original issue age, underwriting class and duration of the policy will be used for the total risk amount of the combined layers. If a policy has noncontractual increases that exceed $25,000, any and all references to duration, anniversary, risk amount, reinsurance premium, underwriting assessment, allowance, or issue age of a policy shall mean the duration, anniversary, risk amount, reinsurance premium, underwriting assessment, allowance, or issue age of each layer of coverage within the policy. For any non-contractual increase, the Reinsurer's approval is required if the original policy was reinsured on a facultative basis or if the new amount will cause the total amount on the life to exceed any limits on automatic cessions, such as the Automatic Binding Limits or the Jumbo Limits shown in Exhibit B – Plans Covered and Binding Limits. Shares for noncontractual increases that are automatically ceded will be based on the most recently negotiated reinsurance treaty shares for new policies with the same policy form, whether or not the prior layer(s) are ceded to the Reinsurer, subject to retention limits described in each applicable agreement. For facultative cessions, it is understood that the Ceding Company may at its option retain an amount more or less than its normal retention for noncontractual increases, unless otherwise specified in the Reinsurer's facultative offer. Allowances for noncontractual increases will be based on the most recently negotiated reinsurance allowances for new policies with the same policy form. For the purposes of determining reinsured risk amount, the policy value and death benefit, and hence the Net Amount at Risk, will be prorated to each layer by Specified Amount.

Noncontractual Increases. If the amount of insurance Initial Death Benefit is increased as a result of a noncontractual change, the increase will be underwritten by the Ceding Company in accordance with its customary standards the underwriting guidelines, practices, and proceduresprocedures for risk selection conveyed to the Reinsurer prior to or at the time of pricing, or any Material Changes consented to in writing by the Reinsurer, which are still in use on the coverage commencement date. The policy Such increases will be reinsured considered New Business and be subject to all provisions under this Agreement using the total risk amount as adjusted in accordance with Article 5Agreement. If a request for an increase in the noncontractual increase exceeds $25,000, amount of insurance is made for purposes of reinsurance premium a reinsured policy and allowance determination, the issue age, underwriting assessment, amount, and duration of each separate layer of coverage will be used, that is, the reinsurance premium and allowance for each increase will be initially calculated using the issue age that is the current attained age of the insured meets the Ceding Company’s underwriting requirements and duration 1. If the noncontractual increase increased amount is $25,000 or lessapproved under the policy, then the increase will be combined with the earliest layer of coverage and for purposes of reinsurance premium and allowance determination, the original issue age, underwriting class and duration of added to the policy as a new layer. The increased risk amount will have a separate benefit or cession record and its own effective date. Reinsurance premiums for the increased risk amounts only, will be used for first-year premiums using the total risk amount of the combined layers. If a policy has noncontractual increases that exceed $25,000, any and all references to duration, anniversary, risk amount, reinsurance premium, underwriting assessment, allowance, or issue age of a policy shall mean the duration, anniversary, risk amount, reinsurance premium, underwriting assessment, allowance, or issue age of each layer of coverage within the policy. For any non-contractual increase, the rates as stated in Exhibit D. The Reinsurer's ’s approval is required if the original policy Original Policy was reinsured on a facultative Facultative basis or if the new amount will cause the total amount on the life to exceed any limits on automatic cessions, such as the Automatic Binding Limits or the Jumbo Limits shown in Exhibit B – Plans Covered and Binding LimitsC to be exceeded. Shares The Reinsurer will assume its share of the entire amount in excess of the Ceding Company’s Full Retention. Premiums for noncontractual increases that are automatically ceded the additional reinsurance will be based on the most recently negotiated issue age, mortality rating, underwriting class and duration since the time of underwriting of the increase. If the reinsurance treaty shares for new policies with is Automatic, the same policy formAutomatic Binding Limits or Jumbo Limits shown in Exhibit C must not be exceeded. If the increase is Facultative, whether or the amount of reinsurance must not exceed the prior layer(s) are ceded to the Reinsurer, subject to retention limits described in each applicable agreement. For facultative cessions, it is understood that the Ceding Company may at its option retain an amount more or less than its normal retention for noncontractual increases, unless otherwise specified Ultimate Amount included in the Reinsurer's facultative Facultative offer. Allowances Premiums for noncontractual increases the additional reinsurance will be based on the most recently negotiated reinsurance allowances for new policies with issue age, mortality rating, underwriting class and duration since the same policy form. For time of underwriting of the purposes of determining reinsured risk amount, the policy value and death benefit, and hence the Net Amount at Risk, will be prorated to each layer by Specified Amountincrease.

Noncontractual Increases. If the amount of insurance is increased as a result of a noncontractual change, the increase will be underwritten by the Ceding Company in accordance with its customary standards and procedures. The policy will be reinsured under this Agreement the applicable reinsurance agreement using the total risk amount as adjusted in accordance with Article 5. If Prior to [*], for purposes of reinsurance premium and allowance determination, the original age and duration of the policy will be used for the total risk amount; however the underwriting class will be based on the most recent assessment and may differ from the underwriting classification in effect prior to the increase. On or after [*], if the noncontractual increase exceeds $25,000, for purposes of reinsurance premium and allowance determination, regardless of the effective date of the noncontractual increase, the issue age, underwriting assessment, amount, and duration of each separate layer of coverage will be used, that is, the reinsurance premium and allowance for each increase will be initially calculated using the issue age that is the current attained age of the insured and duration 1. If On or after [*], if the noncontractual increase is $25,000 or less, the increase will be combined with the earliest layer of coverage and for purposes of reinsurance premium and allowance determination, the original issue age, underwriting class and duration of the policy will be used for the total risk amount of the combined layers. If Throughout the applicable agreements listed above, starting [*], if a policy has noncontractual increases that exceed $25,000, any and all references to duration, anniversary, risk amount, reinsurance premium, underwriting assessment, allowance, or issue age of a policy shall mean the duration, anniversary, risk amount, reinsurance premium, underwriting assessment, allowance, or issue age of each layer of coverage within the policy. For any non-contractual increaseall noncontractual increases, the Reinsurer's approval is required if the original policy was reinsured on a facultative basis or if the new amount will cause the total amount on the life to exceed any limits on automatic cessions, such as either the Automatic Binding Limits or the Jumbo Limits shown in Exhibit B – Plans Covered and Binding Limits. Shares The share ceded to the Reinsurer for noncontractual increases that occurred prior to [*] will be based on the shares ceded to Reinsurer and inforce on [*]. The share ceded to the Reinsurer for noncontractual increases that occur on or after [*] and that are automatically ceded will be based on the most recently negotiated reinsurance treaty shares for new policies business with the same policy form, whether or not the prior layer(s) are ceded to the Reinsurer, subject to retention limits described in each applicable agreement. Exhibit A. For facultative cessions, it is understood that the Ceding Company may at its option retain an amount more or less than its normal retention for noncontractual increasesincreases that occur on or after [*], unless otherwise specified in the Reinsurer's facultative offer. Allowances for a noncontractual increase that occurred prior to [*] will be based on the allowances in effect on [*]. Allowances for noncontractual increases that occur on or after [*] will be based on the most recently negotiated reinsurance allowances for new policies with business issued on the same policy form. For the purposes of determining reinsured risk amountReinsured Risk Amount, as described in Article 5, the policy value Policy Value and death benefitDeath Benefit, and hence the Net Amount at Risk, will be prorated to each layer by Specified Amount.. Capitalized terms not otherwise defined herein have the meaning ascribed to them in the applicable agreement. Except as expressly amended above, all other terms of the applicable agreement, together with all exhibits and attachments thereto, remain in full force and effect. This Amendment is effective [*] upon execution by both of the undersigned parties. This Amendment is made in duplicate and executed below by authorized officers of both parties. RiverSource Life Insurance Co. of New York [*] [*]

Noncontractual Increases. If the amount of insurance is increased as a result of a noncontractual change, the increase will be underwritten by the Ceding Company in accordance with its customary standards and procedures. The policy will be reinsured under this Agreement the applicable reinsurance agreement using the total risk amount as adjusted in accordance with Article 5. If Prior to [*], for purposes of reinsurance premium and allowance determination, the original age and duration of the policy will be used for the total risk amount; however the underwriting class will be based on the most recent assessment and may differ from the underwriting classification in effect prior to the increase. On or after [*], if the noncontractual increase exceeds $25,000, for purposes of reinsurance premium and allowance determination, regardless of the effective date of the noncontractual increase, the issue age, underwriting assessment, amount, and duration of each separate layer of coverage will be used, that is, the reinsurance premium and allowance for each increase will be initially calculated using the issue age that is the current attained age of the insured and duration 1. If On or after [*], if the noncontractual increase is $25,000 or less, the increase will be combined with the earliest layer of coverage and for purposes of reinsurance premium and allowance determination, the original issue age, underwriting class and duration of the policy will be used for the total risk amount of the combined layers. If Throughout the applicable agreements listed above, starting [*], if a policy has noncontractual increases that exceed $25,000, any and all references to duration, anniversary, risk amount, reinsurance premium, underwriting assessment, allowance, or issue age of a policy shall mean the duration, anniversary, risk amount, reinsurance premium, underwriting assessment, allowance, or issue age of each layer of coverage within the policy. For any non-contractual increaseall noncontractual increases, the Reinsurer's approval is required if the original policy was reinsured on a facultative basis or if the new amount will cause the total amount on the life to exceed any limits on automatic cessions, such as either the Automatic Binding Limits or the Jumbo Limits shown in Exhibit B – Plans Covered and Binding Limits. Shares The share ceded to the Reinsurer for noncontractual increases that occurred prior to [*]will be based on the shares ceded to Reinsurer and inforce on [*]. The share ceded to the Reinsurer for noncontractual increases that occur on or after [*]and that are automatically ceded will be based on the most recently negotiated reinsurance treaty shares for new policies business with the same policy form, whether or not the prior layer(s) are ceded to the Reinsurer, subject to retention limits described in each applicable agreement. Exhibit A. For facultative cessions, it is understood that the Ceding Company may at its option retain an amount more or less than its normal retention for noncontractual increasesincreases that occur on or after [*], unless otherwise specified in the Reinsurer's facultative offer. Allowances for a noncontractual increase that occurred prior to [*]will be based on the allowances in effect on [*]. Allowances for noncontractual increases that occur on or after [*]will be based on the most recently negotiated reinsurance allowances for new policies with business issued on the same policy form. For the purposes of determining reinsured risk amountReinsured Risk Amount, as described in Article 5, the policy value Policy Value and death benefitDeath Benefit, and hence the Net Amount at Risk, will be prorated to each layer by Specified Amount.. Capitalized terms not otherwise defined herein have the meaning ascribed to them in the applicable agreement. Except as expressly amended above, all other terms of the applicable agreement, together with all exhibits and attachments thereto, remain in full force and effect. This Amendment is effective [*] upon execution by both of the undersigned parties. This Amendment is made in duplicate and executed below by authorized officers of both parties. RiverSource Life Insurance Company [*]