Common use of SPOUSAL CONTINUATION Clause in Contracts

SPOUSAL CONTINUATION. In certain circumstances, the surviving spouse of a deceased Owner may elect, or may be deemed to have elected, to continue the contract and become the Owner. We must receive written notice in Good Order of the election of spousal continuation by the end of the 90th day after we receive Due Proof of Death in Good Order at our Customer Service Office. If the surviving spouse qualifies for spousal continuation, as described below, and has not elected a method of payment of the death benefit by the end of the 90 day period, spousal continuation will be deemed to have been elected on the 90th day. This contract may be continued under spousal continuation only if an Owner dies before the Annuity Commencement Date, the deceased Owner’s spouse is the Primary Beneficiary on the date of such Owner’s death and the surviving spouse meets our issue requirements in effect on the Valuation Date we receive your written request in Good Order at our Customer Service Office. The surviving spouse will become the new Owner and the Annuitant in the event that there is no surviving Annuitant at that time. If this contract is continued under spousal continuation and the amount of the death benefit proceeds that would have been paid, as described in the Death Benefit section of this contract, exceed the Accumulation Value of the contract on the applicable Valuation Date, then we will credit this difference to the Allocation Options in accordance with the allocation instructions in effect at that time. If the deceased Owner had been the Annuitant, the surviving spouse will become the Annuitant. If this contract is continued under spousal continuation, the death benefit on the continued contract will be the Accumulation Value as of the end of the Valuation Date we received Due Proof of Death in Good Order of the surviving spouse at our Customer Service Office. If the Annuitant is changed under spousal continuation in accordance with the terms of this contract, the Annuity Commencement Date will then be the Latest Annuity Commencement Date shown on the Contract Data page, unless an earlier date is otherwise elected by the Owner.

SPOUSAL CONTINUATION. In certain circumstances, the surviving spouse of a deceased Owner may elect, or may be deemed to have elected, to continue the contract and become the Owner. We must receive written notice in Good Order of the election of spousal continuation by the end of the 90th day after we receive Due Proof of Death in Good Order at our Customer Service Office. If the surviving spouse qualifies for spousal continuation, as described below, and has not elected a method of payment of the death benefit by the end of the 90 day period, spousal continuation will be deemed to have been elected on the 90th day. This contract may be continued under spousal continuation only if an Owner dies before the Annuity Commencement Date, the deceased Owner’s spouse is the Primary Beneficiary on the date of such Owner’s death and the surviving spouse meets our issue requirements in effect on the Valuation Date we receive your written request in Good Order at our Customer Service Office. The surviving spouse will become the new Owner and the Annuitant in the event that there is no surviving Annuitant at that time. If this contract is continued under spousal continuation and the amount of the death benefit proceeds that would have been paid, as described in the Death Benefit section of this contract, exceed the Accumulation Value of the contract on the applicable Valuation Date, then we will credit this difference to the Allocation Options in accordance with the allocation instructions in effect at that time. If the deceased Owner had been the Annuitant, the surviving spouse will become the Annuitant. If this contract is continued under spousal continuation, the death benefit on the continued contract will be the Accumulation Value as of the end of the Valuation Date we received Due Proof of Death in Good Order of the surviving spouse at our Customer Service Office. If the Annuitant is changed under spousal continuation in accordance with the terms of this contract, the Annuity Commencement Date will then be the Latest Annuity Commencement Date shown on the Contract Data page, unless an earlier date is otherwise elected by the Owner. If the contract is surrendered or a withdrawal is made after spousal continuation has been elected, Net Premium payments made prior to spousal continuation will not be subject to a Surrender Charge. All provisions of this contract with respect to Surrender Charges will apply to the withdrawal or surrender of any Chargeable Premiums made after spousal continuation.

SPOUSAL CONTINUATION. In certain circumstances, Spousal continuation means that the surviving spouse of a deceased Owner may electqualifies to continue the contract and to become the Owner, and elects (or may be is deemed to have elected, as described below) to continue the contract and become the Ownerdo so. We must receive written notice in Good Order of the election of spousal continuation by the end of the 90th day after we receive Due Proof of Death in Good Order at our Customer Service Office. If the surviving spouse qualifies for spousal continuation, as described below, and has not elected a method of payment of the death benefit by the end of the 90 day period, spousal continuation will be deemed to have been elected on the 90th day. This contract may be continued under spousal continuation only if an Owner dies before the Annuity Commencement Date, the deceased Owner’s spouse is the sole joint Owner or is the sole surviving Primary Beneficiary on the date of such Owner’s death and the surviving spouse meets our issue requirements in effect on the Valuation Date we receive your written request in Good Order at our Customer Service Office. The surviving spouse will become the new Owner and the Annuitant in the event that there is no surviving Annuitant at that timeOwner. If this contract is continued under spousal continuation and the amount of the death benefit proceeds that would have been paid, as described in the Death Benefit section of this contract, exceed the Accumulation Value of the contract on the applicable Valuation Date, then we will credit this difference to the Allocation Options in accordance with the allocation instructions in effect at that time. If the deceased Owner had been the Annuitant, the surviving spouse will become the Annuitant. If the deceased Owner had been the Contingent Annuitant, the surviving spouse will become the Contingent Annuitant. If this contract is continued under spousal continuation, the death benefit payable on the continued contract will be the Accumulation Value as of the end of the Valuation Date we received Due Proof of Death in Good Order of the surviving spouse at our Customer Service Office. If the Annuitant is changed under spousal continuation in accordance with the terms of this contract, the Annuity Commencement Date will then be the Latest Annuity Commencement Date shown on Contract Anniversary following the Contract Data pagenew Annuitant’s 95th birthday, unless an earlier date is otherwise elected by the Owner. If the contract is surrendered or a withdrawal is made after spousal continuation, all Net Premiums made prior to spousal continuation will not be subject to a Contingent Deferred Sales Charge. All provisions of this contract with respect to Contingent Deferred Sales Charges will apply to the withdrawal or surrender of any Chargeable Premiums made after spousal continuation.

SPOUSAL CONTINUATION. In certain circumstances, Spousal continuation means that the surviving spouse of a deceased Owner may elect, or may be deemed to have elected, owner qualifies to continue the contract and become the Ownerowner, and elects (or is deemed to have elected, as described below) to do so. We GIAC must receive written notice in Good Order of the election of spousal continuation by the end of the 90th day after we receive Due Proof of Death GIAC receives proof in Good Order of the owner's death at our its Customer Service Office. If the surviving spouse qualifies for spousal continuation, as described below, and has not elected a method of payment of the death benefit by the end of the 90 day period, spousal continuation will be deemed to have been elected on the 90th day. This contract may be continued under spousal continuation only if an Owner if: (a) there are two joint owners; and o one of the owners dies before the Annuity Commencement Date, Date and the deceased Owner’s spouse is other joint owner survives; and o the Primary Beneficiary two joint owners were married to each other on the date of such Owner’s death the deceased owner's death; and o both joint owners were the only named concurrent beneficiaries on the date of the deceased owner's death; or (b) the owner dies and the surviving owner's spouse meets our issue requirements in effect is the only named beneficiary on the Valuation Date we receive your written request in Good Order at our Customer Service Office. The surviving spouse will become date of the new Owner and the Annuitant in the event that there is no surviving Annuitant at that timeowner's death. If this contract is continued under spousal continuation and continuation, the amount of death benefit proceeds will be treated as the initial Accumulation Value for the continued contract. If the death benefit proceeds that would have been paid, as described in paid to the Death Benefit section beneficiary on the death of this contract, the owner exceed the Accumulation Value of the contract on the applicable Valuation Dateat that time, then we GIAC will credit this to the contract an amount equal to the difference between the death benefit proceeds and the Accumulation Value of the contract. Such amount will be credited to the Allocation Options Option that invests in accordance with The Guardian Cash Fund, Inc. If the allocation instructions in effect at that timedeceased owner had been the annuitant, the surviving spouse will become the annuitant. If the deceased Owner owner had been the Contingent Annuitant, the surviving spouse will become the Contingent Annuitant. If this contract is continued under spousal continuation, the death benefit payable on the continued contract will be the Accumulation Value as of the end of the Valuation Date we Period during which GIAC received Due Proof proof of Death in Good Order death of the surviving spouse at our Customer Service Officeand all required documents in Good Order. If the Annuitant annuitant is changed under spousal continuation in accordance with the terms of this contractcontinuation, the Annuity Commencement Date will then be the Latest Annuity Commencement Date shown on the Contract Data pageannuitant's 90th birthday, unless an earlier date is otherwise elected by the Ownerowner. If the owner surrenders a contract or makes a partial withdrawal after spousal continuation, all premium payments made prior to spousal continuation will not be subject to a contingent deferred sales charge. All provisions of this contract with respect to contingent deferred sales charges will apply to the partial withdrawal or surrender of any premium payments made after spousal continuation.

SPOUSAL CONTINUATION. In certain circumstances, the surviving spouse of a deceased Owner may elect, or may be deemed to have elected, elect to continue the contract this Contract and to become the Owner. We must receive written notice in Good Order of the election of spousal continuation by the end as part of the 90th day after we receive Due Proof of Death in Good Order at our Customer Service OfficeDeath. If the For federal tax purposes, a surviving spouse qualifies eligible for spousal continuationcontinuation includes a same sex individual who is lawfully married under state law or another jurisdiction having the authority to sanction marriage. Individuals who have entered into a registered domestic partnership, civil union or other similar formal relationship that is not denominated as described below“marriage” under the laws of that state are not considered married for federal tax purposes and therefore, and has do not elected receive the same favorable tax treatment as a method of payment of the death benefit by the end of the 90 day period, spousal continuation will be deemed to have been elected on the 90th daysurviving spouse. Please consult with a tax advisor for more information. This contract may be continued under spousal continuation only if an Owner dies before the Annuity Commencement Date, the deceased Owner’s spouse is the sole Joint Owner or is the sole surviving Primary Beneficiary on the date of such Owner’s death and the surviving spouse meets our issue requirements in effect on the Valuation Date Business Day we receive your the spouse’s written request for spousal continuation in Good Order at our Customer Service OfficeOrder. The surviving spouse will become the new Owner and the Annuitant in the event that there is no surviving Annuitant at that timeOwner. If this contract is continued under spousal continuation and the amount of the death benefit proceeds that would have been paidAlso, as described in the Death Benefit section of this contract, exceed the Accumulation Value of the contract on the applicable Valuation Date, then we will credit this difference to the Allocation Options in accordance with the allocation instructions in effect at that time. If if the deceased Owner had been the Annuitant, the surviving spouse also will become the Annuitant. If Upon the exercise of the Spousal Continuation provision, this contract is continued under spousal continuation, option ends and cannot be exercised again. Surrender Charges that may not have applied to the death benefit on that would have been paid had the continued contract will be Spousal Continuation not been elected may apply to Withdrawals or Surrenders that occur after the Accumulation Value as of the end of the Valuation Date we received Due Proof of Death in Good Order of the surviving spouse at our Customer Service Office. If the Annuitant is changed under spousal continuation in accordance with the terms exercise of this contract, the Annuity Commencement Date will then be the Latest Annuity Commencement Date shown on the Contract Data page, unless an earlier date is otherwise elected by the Ownerprovision.

SPOUSAL CONTINUATION. In certain circumstances, Spousal continuation means that the surviving spouse of a deceased Owner may elect, or may be deemed to have elected, owner qualifies to continue the contract and become the Ownerowner, and elects (or is deemed to have elected, as described below) to do so. We GIAC must receive written notice in Good Order of the election of spousal continuation by the end of the 90th day after we receive Due Proof of Death GIAC receives proof in Good Order of the owner’s death at our its Customer Service Office. If the surviving spouse qualifies for spousal continuation, as described below, and has not elected a method of payment of the death benefit by the end of the 90 day period, spousal continuation will be deemed to have been elected on the 90th day. This contract may be continued under spousal continuation only if an Owner if: (a) there are two joint owners; and • one of the owners dies before the Annuity Commencement Date, Date and the other joint owner survives; and • the two joint owners were married to each other on the date of the deceased Ownerowner’s death; and • both joint owners were the only named concurrent beneficiaries on the date of the deceased owner’s death; or (b) the owner dies and the owner’s spouse is the Primary Beneficiary only named beneficiary on the date of such Ownerthe owner’s death and the surviving spouse meets our issue requirements in effect on the Valuation Date we receive your written request in Good Order at our Customer Service Office. The surviving spouse will become the new Owner and the Annuitant in the event that there is no surviving Annuitant at that timedeath. If this contract is continued under spousal continuation and continuation, the amount death benefit proceeds will be treated as the initial Accumulation Value of the continued contract. If the death benefit proceeds that would have been paid, as described in paid to the Death Benefit section beneficiary on the death of this contract, the owner exceed the Accumulation Value of the contract on the applicable Valuation Dateat that time, then we GIAC will credit this to the contract an amount equal to the difference between the death benefit proceeds and the Accumulation Value of the contract. Such amount will be credited to the Allocation Options Option that invests in accordance with The Guardian Cash Fund, Inc. If the allocation instructions in effect at that timedeceased owner had been the annuitant, the surviving spouse will become the annuitant. If the deceased Owner owner had been the Contingent Annuitant, the surviving spouse will become the Contingent Annuitant. If this contract is continued under spousal continuation, the death benefit payable on the continued contract will be the Accumulation Value as of the end of the Valuation Date we Period during which GIAC received Due Proof proof of Death in Good Order death of the surviving spouse at our Customer Service Officeand all required documents in Good Order. If the Annuitant annuitant is changed under spousal continuation in accordance with the terms of this contractcontinuation, the Annuity Commencement Date will then be the Latest Annuity Commencement Date shown on the Contract Data pageannuitant’s 90th birthday, unless an earlier date is otherwise elected by the Ownerowner. If the owner surrenders a contract or makes a partial withdrawal after spousal continuation, all premium payments made prior to spousal continuation will not be subject to a contingent deferred sales charge. All provisions of this contract with respect to contingent deferred sales charges will apply to the partial withdrawal or surrender of any premium payments made after spousal continuation.

SPOUSAL CONTINUATION. In certain circumstances, If the surviving spouse of a the deceased Owner may elect, or may be deemed to have elected, elects to continue the contract and become the Owner. We must receive written notice in Good Order of the election of spousal continuation by the end of the 90th day after we receive Due Proof of Death in Good Order at our Customer Service OfficeContract, this Rider will alsocontinueundercertaincircumstances. If the Rider is in the Accumulation Period, the Rider will continue if the spouse becomes the sole Owner and Annuitant of the Contract. If the Rider is in the Income Period, the Rider will continue if: (a) The spouse becomes the sole Owner and Annuitant of the Contract; and (b) The surviving spouse qualifies spouse’s attained Age at the time of the Owner’s death is at least equal to the Minimum Age for Income Withdrawals. SPECIMEN If these conditions are not met, the Rider terminates immediately. The Termination Date of the Rider will be the Owner’s date of death, for purposes of determining the Income Benefit Rider Charge for that Contract Year. If this Rider is in the Accumulation Period at the time of the spousal continuation, as described below, and has not elected a method of payment of the death benefit by Rider continues in the end of Accumulation Period. The surviving spouse can elect to begin Income Withdrawals at any time after the 90 day period, spousal continuation will be deemed to have been elected on the 90th day. This contract may be continued under spousal continuation only Rider Waiting Period if an Owner dies before the Annuity Commencement Date, the deceased Owner’s spouse is the Primary Beneficiary on the date of such Owner’s death and the surviving spouse meets our issue the minimum age requirements in effect for Income Withdrawals. Income Withdrawals will be based on the Valuation Date we receive your written request in Good Order Single Life Income Withdrawal Percentage for the spouse’s attained Age at our Customer Service Office. The surviving spouse will become the new Owner and the Annuitant in the event that there is no surviving Annuitant at that time. If this contract is continued under spousal continuation and the amount time of the death benefit proceeds that would have been paid, as described in the Death Benefit section of this contract, exceed the Accumulation Value of the contract on the applicable Valuation Date, then we will credit this difference to the Allocation Options in accordance with the allocation instructions in effect at that timefirst Income Withdrawal. If the deceased Owner had been Rider is in the Annuitant, Income Period at the surviving spouse will become time of the Annuitant. If this contract is continued under spousal continuation, the death benefit Income Withdrawals will continue at: (a) A recalculated Income Withdrawal Amount based on the continued contract will be current Benefit Base and the Accumulation Value as of Single Life Income Withdrawal Percentage for the end of spouse’s attained Age, if Income Withdrawals were based on the Valuation Date we received Due Proof of Death in Good Order Single Life Income Withdrawal Percentages for the deceased Owner; or (b) The same amount for the lifetime of the surviving spouse spouse, if Income Withdrawals were based on two lives. The Income Withdrawals will continue at our Customer Service Officethe original frequency elected and the new calculated Income Withdrawal Amount. If the Annuitant is changed under Rider continues due to a spousal continuation in accordance with the terms of this contractcontinuation, the Annuity Commencement Date Income Benefit Rider Charge will then continue to be assessed annually under the Latest Annuity Commencement Date shown on Rider. The spouse may elect to terminate the Contract Data pageRider at any time after the Rider Waiting Period. In order to elect termination of the Rider, unless an earlier date the spouse must make a request to our Executive Office. The request must be in a form acceptable to us. The termination will go into effect when we receive the request to terminate the Rider, and the request is otherwise elected accepted and recorded by the Ownerus.

SPOUSAL CONTINUATION. In certain circumstances, the surviving spouse of a deceased Owner may elect, or may be deemed to have elected, to continue the contract and become the Owner. We must receive written notice in Good Order of the election of spousal continuation by the end of the 90th day after we receive Due Proof of Death in Good Order at our Customer Service Office. If the surviving spouse qualifies for spousal continuation, as described below, and has not elected a method of payment of the death benefit by the end of the 90 day period, spousal continuation will be deemed to have been elected on the 90th day. This contract may be continued under spousal continuation only if an Owner dies before the Annuity Commencement Date, the deceased Owner’s spouse is the Primary Beneficiary on the date of such Owner’s death and the surviving spouse meets our issue requirements in effect on the Valuation Date we receive your written request in Good Order at our Customer Service Office. The surviving spouse will become the new Owner and the Annuitant in the event that there is no surviving Annuitant at that time. If this contract is continued under spousal continuation and the amount of the death benefit proceeds that would have been paid, as described in the Death Benefit section of this contract, exceed the Accumulation Value of the contract on the applicable Valuation Date, then we will credit this difference to the Allocation Options in accordance with the allocation instructions in effect at that time. If the deceased Owner had been the Annuitant, the surviving spouse will become the Annuitant. If this contract is continued under spousal continuation, the death benefit payable on the continued contract will be the Accumulation Value as of the end of the Valuation Date we received Due Proof of Death in Good Order of the surviving spouse at our Customer Service Office. If the Annuitant is changed under spousal continuation in accordance with the terms of this contract, the Annuity Commencement Date will then be the Latest Annuity Commencement Date shown on the Contract Data page, unless an earlier date is otherwise elected by the Owner. If the contract is surrendered or a withdrawal is made after spousal continuation, all Net Premiums made prior to spousal continuation will not be subject to a Contingent Deferred Sales Charge. All provisions of this contract with respect to Contingent Deferred Sales Charges will apply to the withdrawal or surrender of any Chargeable Premiums made after spousal continuation.