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.

Appears in 4 contracts

Samples: Guardian Separate Account R, Guardian Separate Account R, Guardian Separate Account R

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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.

Appears in 2 contracts

Samples: Guardian Separate Account R, Guardian Separate Account R

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.

Appears in 2 contracts

Samples: Guardian Separate Account R, Guardian Separate Account R

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.

Appears in 1 contract

Samples: Guardian Insurance & Annuity Co Inc

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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.

Appears in 1 contract

Samples: Guardian Separate Account R

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