Common use of Tax Qualification as Life Insurance Clause in Contracts

Tax Qualification as Life Insurance. This policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy is intended to qualify for federal income tax exclusion. The policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provision, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. As of the effective date of the filing of this policy in the state in which it was delivered, the Internal Revenue Service has not published final guidance on the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause the policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax law, shall be removed from the policy as of the date of its payment, and any appropriate adjustments in the Death Benefit and/or Accumulated Value shall be made as of such date. This excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract year, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you request a decrease in policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy to maintain such tax qualification. Such a reduction in these limits may require us to make a distribution from the policy equal to the greatest amount by which the premiums paid or cash values for the policy, exceed any such reduced limits, as determined under federal tax law, in order to maintain the policy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policy.

Appears in 3 contracts

Samples: Pacific Life (Pacific Select Exec Separate Acct Pacific Life Ins), Pacific Life (Pacific Select Exec Separate Acct Pacific Life Ins), Pacific Life (Pacific Select Exec Separate Acct Pacific Life Ins)

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Tax Qualification as Life Insurance. This policy Policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy Policy is intended to qualify for federal income tax exclusion. The policyPolicy, including any rider, benefit or endorsement that does not specifically override this tax qualification provision, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy Policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. As of the effective date of the filing of this policy Policy in the state in which it was delivered, the Internal Revenue Service has not published final guidance on the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your a qualified tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause the policy Policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy Policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax law, shall be removed from the policy Policy as of the date of its payment, and any appropriate adjustments in the Death Benefit and/or Accumulated Value shall be made as of such date. This excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract year, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you request a decrease in policy Policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy Policy to maintain such tax qualification. Such a reduction in these limits may require us to make a distribution from the policy Policy equal to the greatest amount by which the premiums paid or cash values for the policyPolicy, exceed any such reduced limits, as determined under federal tax law, in order to maintain the policyPolicy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy Policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policyPolicy.

Appears in 3 contracts

Samples: Pacific Life (Pacific Select Exec Separate Acct Pacific Life Ins), Pacific Life (Pacific Select Exec Separate Acct Pacific Life Ins), Pacific Life (Pacific Select Exec Separate Acct Pacific Life Ins)

Tax Qualification as Life Insurance. This policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit death benefit under this policy is intended to qualify for federal income tax exclusion. The policy, including any other rider, benefit or endorsement that does not specifically override this tax qualification provisionendorsement, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. As of the effective date of the filing of this policy in the state in which it was delivered, the Internal Revenue Service has not published final guidance on the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your tax advisor, as there may be tax consequences. We will not accept a premium payment that payment, which would cause the policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax lawassociated investment gains or losses, shall be removed from the policy as of the date of its payment, and any appropriate adjustments adjustment in the Death Benefit and/or Accumulated Value death benefit shall be made as of such date. This The excess amount, as determined under federal tax law, including such interestany associated investment gains or losses, shall be refunded no later than 60 days after the end of the applicable contract year. For any such refund, as determined under federal tax lawany premium load originally assessed will be refunded and no surrender charges will apply. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit death benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit death benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, and the Accumulated Value will be reduced to reflect any the increased Monthly Deductions that as a result from of such Death Benefit death benefit increase, starting on the date that the increase is effective. If you request a decrease in policy or rider benefits, it may cause a reduction in any applicable tax limits limitations on premiums or cash values for the policy to maintain such under federal tax qualificationlaw. Such a reduction in these limits may require us to make a distribution from the policy equal to the greatest amount by which the premiums paid or cash values for the policy, exceed any such reduced limits, as determined under federal tax law, exceed any such reduced limits, in order to maintain the policy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policy.

Appears in 2 contracts

Samples: Pacific Select Exec Separate Acct Pacific Life Ins, Pacific Select Exec Separate Acct Pacific Life Ins

Tax Qualification as Life Insurance. This policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy is intended to qualify for federal income tax exclusion. The policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provision, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. As of the effective date of the filing of this policy in the state in which it was delivered, the Internal Revenue Service has not published any final guidance on the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause the policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the this policy exceed the amount allowable for such tax qualification, the this excess amount, including any interest as determined under federal tax law, shall be removed from the policy as of the date of its payment, and any appropriate adjustments in the Death Benefit and/or Accumulated Value shall be made as of such date. This excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract year, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you request a decrease in policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy to maintain such tax qualification. Such a reduction in these limits may require us to make a distribution from the policy equal to the greatest amount by which the premiums paid or cash values for the policy, exceed any such reduced limits, as determined under P09SE5 federal tax law, in order to maintain the policy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policy.

Appears in 2 contracts

Samples: Pacific Select Exec Separate Acct Pacific Life Ins, Pacific Select Exec Separate Acct Pacific Life Ins

Tax Qualification as Life Insurance. This policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit death benefit under this policy is intended to qualify for federal income tax exclusion. The policy, including any other rider, benefit or endorsement that does not specifically override this tax qualification provisionendorsement, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. As of the effective date of the filing of this policy in the state in which it was delivered, the Internal Revenue Service has not published final guidance on the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your tax advisor, as there may be tax consequences. We will not accept a premium payment that payment, which would cause the policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax lawassociated investment gains or losses, shall be removed from the policy as of the date of its payment, and any appropriate adjustments adjustment in the Death Benefit and/or Accumulated Value death benefit shall be made as of such date. This The excess amount, as determined under federal tax law, including such interestany associated investment gains or losses, shall be refunded no later than 60 days after the end of the applicable contract year. For any such refund, as determined under federal tax lawany premium load originally assessed will be refunded and no surrender charges will apply. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit death benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit death benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, and the Accumulated Value will be reduced to reflect any the increased Monthly Deductions that as a result from of such Death Benefit death benefit increase, starting on the date that the increase is effective. If you request a decrease in policy or rider benefits, it may cause a reduction in any applicable tax limits limitations on premiums or cash values for the policy to maintain such under federal tax qualificationlaw. Such a reduction in these limits may require us to make a distribution from the policy equal to the greatest amount by which the premiums paid or cash values for the policy, exceed any such reduced limits, as determined under federal tax law, exceed any such reduced limits, in order to maintain the policy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policy. Continuation of coverage past Age 100 may disqualify insurance under this policy for favorable tax treatment. You should consult Your personal tax advisor. MEC Status – MEC stands for Modified Endowment Contract. Unless you have given us Written Notice to the contrary, the provisions of this MEC Status subsection apply. Under federal tax law, if the funding of a life insurance contract occurs too rapidly, it becomes a MEC and fails to qualify for certain favorable treatment as a result. This policy is intended to qualify as a life insurance contract that is not a MEC for federal tax purposes. This policy, including any other rider, benefit or endorsement, shall be interpreted to prevent the policy from being subject to such MEC treatment, despite any other provision to the contrary. We will not accept a payment as premium or otherwise which would cause the policy to become a MEC. If at any time the amounts paid under the policy exceed the limit for avoiding such MEC treatment, the excess amount, including any associated investment gains or losses, shall be removed from the policy as of the date of its payment, and any appropriate adjustment in the death benefit shall be made as of such date. The excess amount, as determined under federal tax law, including any associated investment gains or losses, shall be refunded no later than 60 days after the end of the applicable contract year. For any such refund, any premium load originally assessed will be refunded and no surrender charges will apply. If this excess amount is not refunded by the end of such 60-day period, the death benefit shall be increased retroactively to the minimum extent necessary so that at no time is the death benefit ever less than the amount necessary to avoid such MEC treatment, and the Accumulated Value will be reduced to reflect the increased Monthly Deductions as a result of such death benefit increase. Any request that would change the death benefits under the policy and riders will not be processed if the change would cause the policy to be treated as a MEC. Such changes include a reduction in the Face Amount, a change in death benefit option, and a reduction in Face Amount due to a withdrawal.

Appears in 2 contracts

Samples: Pacific Select Exec Separate Account of Pacific Life & Annui, Pacific Select Exec Separate Account of Pacific Life & Annui

Tax Qualification as Life Insurance. This policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy is intended to qualify for federal income tax exclusion. The policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provisionendorsement, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. As of the effective date of the filing of this policy in the state in which it was delivered, the Internal Revenue Service has not published final issued any official guidance on the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause the policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax lawinterest, shall be removed from the policy as of the date of its payment, and any payment in accordance with federal tax law. Any appropriate adjustments in will be made to the Death Benefit and/or Accumulated Value shall be made as of such datethe policy. This We will refund to you this excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract yearyear in which this excess amount occurs, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any the increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you request a decrease in policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy to maintain such qualify as life insurance under federal tax qualificationlaw. Such a reduction in these limits may require us to make a distribution from the policy equal to the greatest amount by which the premiums paid or cash values for the policy, exceed any such reduced limits, as determined under federal tax law, exceed any such reduced limits, in order to maintain the policy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policy.

Appears in 2 contracts

Samples: Pacific Select Exec Separate Acct Pacific Life Ins, Pacific Select Exec Separate Acct Pacific Life Ins

Tax Qualification as Life Insurance. This policy Policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy Policy is intended to qualify for federal income tax exclusion. The policyprovisions of this Policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provision, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy Policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. We reserve the right to amend this Policy from time to time to reflect any clarifications that may be needed or are appropriate to maintain such tax qualification or to conform the Policy provisions to any applicable changes in such tax qualification requirements, as provided in the Code or any published IRS guidance relating thereto, without consent (where allowed by law). We will send you a copy of such amendment. As of the effective date of the filing of this policy Policy in the state in which it was deliveredissued for delivery, the Internal Revenue Service has not published final guidance on all aspects of the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your a qualified tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause the policy Policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy Policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax law, shall be removed from the policy Policy as of the date of its payment, and any appropriate adjustments in the Death Benefit and/or Accumulated Value shall be made as of such date. This excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract year, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will ICC19 P19VULM Page [26] be reduced to reflect any increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you request a decrease in policy Policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy Policy to maintain such tax qualification. Such a reduction in these limits may require us to make a distribution one or more distributions from the policy Policy equal to the greatest amount by which the premiums paid or cash values for the policyPolicy, exceed any such reduced limits, as determined under federal tax law, in order to maintain the policyPolicy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy Policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policyPolicy.

Appears in 1 contract

Samples: Pacific Life (Pacific Select Exec Separate Acct Pacific Life Ins)

Tax Qualification as Life Insurance. This policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit death benefit under this policy is intended to qualify for federal income tax exclusion. The policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provisionendorsement, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. As of the effective date of the filing of this policy in with the state in which it was deliveredregulatory authorities, the Internal Revenue Service has had not published final issued any official guidance on the tax treatment of life insurance policies that continue coverage beyond past Age 100. Therefore, this policy may not qualify as life insurance and there may be adverse tax consequences if the policy continues past Age 100. You should consult your tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause advisor before continuing the policy to fail to qualify as a life insurance contract for federal tax purposespast Age 100. If at any time the premiums paid under the policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax law, amount shall be removed from the policy as of the date of its payment, and any payment in accordance with federal tax law. Any appropriate adjustments in will be made to the Death Benefit death benefit and/or Accumulated Value shall be made as of such datethe policy. This We will refund to you this excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract yearyear in which this excess amount occurs, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit death benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit death benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any the increased Monthly Deductions that result from such Death Benefit death benefit increase, starting on the date that the increase is effective. If you request a decrease in policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy to maintain such qualify as life insurance under federal tax qualificationlaw. Such a reduction in these limits may require us to make a distribution from the policy equal to the greatest amount by which the premiums paid or cash values for the policy, exceed any such reduced limits, as determined under federal tax law, exceed any such reduced limits, in order to maintain the policy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policy. Modified Endowment Contract Classification — This policy is intended not to be classified as a Modified Endowment Contract for federal tax purposes, unless you have provided a Written Request to accept a Modified Endowment Contract classification for this policy. Prior to such a Written Request, the provisions of this policy, including any rider, benefit or endorsement, shall be interpreted to prevent the policy from being classified as a Modified Endowment Contract, despite any other provision to the contrary. In that case, if at any time the premium or other amounts paid under the policy exceed the limit for avoiding Modified Endowment Contract classification, the excess amount shall be removed from the policy as of the date of its payment in accordance with federal tax law. Any appropriate adjustments will be made to the death benefit and/or Accumulated Value of the policy. We will refund to you this excess amount, including interest, no later than 60 days after the end of the contract year in which this excess amount occurs, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the death benefit shall be increased retroactively to the minimum extent necessary so that at no time is the death benefit ever less than the amount required to avoid Modified Endowment Contract classification. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions resulting from such death benefit increase, starting on the date that the increase is effective. Any request that would change the death benefit or any other benefit under the policy or any rider will not be processed if the change would cause the policy to be classified as a Modified Endowment Contract, unless you have provided us with a Written Request to accept Modified Endowment Contract classification. Requested changes that could cause the policy to be classified as a Modified Endowment Contract include, but are not limited to, an elective reduction in the Face Amount, a Death Benefit Option change that would cause a reduction in the Face Amount, and a withdrawal that would cause a reduction in the Face Amount.

Appears in 1 contract

Samples: Pacific Select Exec Separate Account of Pacific Life & Annui

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Tax Qualification as Life Insurance. This policy Policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy Policy is intended to qualify for federal income tax exclusion. The policyprovisions of this Policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provision, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy Policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. We reserve the right to amend this Policy from time to time to reflect any clarifications that may be needed or are appropriate to maintain such tax qualification or to conform the Policy provisions to any applicable changes in such tax qualification requirements, as provided in the Code or any published IRS guidance relating thereto, without consent (where allowed by law). We will send you a copy of such amendment. As of the effective date of the filing of this policy Policy in the state in which it was delivered, the Internal Revenue Service has not published final guidance on all aspects of the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your a qualified tax advisor, as there may be tax consequences. ICC15 P15PVA We will not accept a premium payment that would cause the policy Policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy Policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax law, shall be removed from the policy Policy as of the date of its payment, and any appropriate adjustments in the Death Benefit and/or Accumulated Value shall be made as of such date. This excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract year, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you request a decrease in policy Policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy Policy to maintain such tax qualification. Such a reduction in these limits may require us to make a distribution from the policy Policy equal to the greatest amount by which the premiums paid or cash values for the policyPolicy, exceed any such reduced limits, as determined under federal tax law, in order to maintain the policyPolicy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy Policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policyPolicy.

Appears in 1 contract

Samples: Pacific Select Exec Separate Acct Pacific Life Ins

Tax Qualification as Life Insurance. This policy Policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy Policy is intended to qualify for federal income tax exclusion. The policyprovisions of this Policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provision, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy Policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on ICC19 P19VUL Page [26] the date that each increase is effective. We reserve the right to amend this Policy from time to time to reflect any clarifications that may be needed or are appropriate to maintain such tax qualification or to conform the Policy provisions to any applicable changes in such tax qualification requirements, as provided in the Code or any published IRS guidance relating thereto, without consent (where allowed by law). We will send you a copy of such amendment. As of the effective date of the filing of this policy Policy in the state in which it was deliveredissued for delivery, the Internal Revenue Service has not published final guidance on all aspects of the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your a qualified tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause the policy Policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy Policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax law, shall be removed from the policy Policy as of the date of its payment, and any appropriate adjustments in the Death Benefit and/or Accumulated Value shall be made as of such date. This excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract year, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you request a decrease in policy Policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy Policy to maintain such tax qualification. Such a reduction in these limits may require us to make a distribution one or more distributions from the policy Policy equal to the greatest amount by which the premiums paid or cash values for the policyPolicy, exceed any such reduced limits, as determined under federal tax law, in order to maintain the policyPolicy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy Policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policyPolicy.

Appears in 1 contract

Samples: Pacific Life (Pacific Select Exec Separate Acct Pacific Life Ins)

Tax Qualification as Life Insurance. This policy Policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy Policy is intended to qualify for federal income tax exclusion. The policyprovisions of this Policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provision, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy Policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. We reserve the right to amend this Policy from time to time to reflect any clarifications that may be needed or are appropriate to maintain such tax qualification or to conform the Policy provisions to any applicable changes in such tax qualification requirements, as provided in the Code or any published Internal Revenue Service (“IRS”) guidance relating thereto, without consent (where allowed by law). We will send a copy of such amendment to the Address on Record. As of the effective date of the filing of this policy Policy in the state in which it was deliveredissued for delivery, the Internal Revenue Service has not published final guidance on all aspects of the tax treatment of life insurance policies that continue coverage beyond Age 100. You should consult your a qualified tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause the policy Policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy Policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax law, shall be removed from the policy Policy as of the date of its payment, and any appropriate adjustments in the Death Benefit and/or Accumulated Value shall be made as of such date. This excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract year, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you You request a decrease in policy Policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy Policy to maintain such tax qualification. Such a reduction in these limits may require us Us to make a distribution one or more distributions from the policy Policy equal to the greatest amount by which the premiums paid or cash values for the policyPolicy, exceed any such reduced limits, as determined under federal tax law, in order to maintain the policyPolicy’s tax qualification. If such a distribution is made, the distribution will be paid to you You and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy Policy or rider benefits will be allowed to the extent that we We determine that the resulting reduction in such tax limits would require us Us to distribute more than the Net Cash Surrender Value for the policyPolicy.

Appears in 1 contract

Samples: Pacific Select Exec Separate Acct Pacific Life Ins

Tax Qualification as Life Insurance. This policy is intended to qualify as a life insurance contract for federal tax purposes, and the Death Benefit under this policy is intended to qualify for federal income tax exclusion. The policy, including any rider, benefit or endorsement that does not specifically override this tax qualification provisionendorsement, shall be interpreted to ensure and maintain such tax qualification, despite any other provision to the contrary. At no time shall the amount of Death Benefit under this policy ever be less than the minimum amount needed to ensure or maintain such tax qualification. If need be, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary to accomplish that purpose. In addition, the Accumulated Value will be reduced to reflect the increased Monthly Deductions that result from such Death Benefit increase(s), starting on the date that each increase is effective. As of the effective date of the filing of this policy in the state in which it was delivered, the Internal Revenue Service has not published final issued any official guidance on the tax treatment of life insurance policies that continue coverage beyond the Monthly Deduction End Date. Therefore, this policy may not qualify as life insurance and there may be adverse tax consequences if the policy continues past Age 100. You should consult your tax advisor, as there may be tax consequences. We will not accept a premium payment that would cause the policy to fail to qualify as a life insurance contract for federal tax purposes. If at any time the premiums paid under the policy exceed the amount allowable for such tax qualification, the excess amount, including any interest as determined under federal tax lawinterest, shall be removed from the policy as of the date of its payment, and any payment in accordance with federal tax law. Any appropriate adjustments in will be made to the Death Benefit and/or Accumulated Value shall be made as of such datethe policy. This We will refund to you this excess amount, including such interest, shall be refunded no later than 60 days after the end of the applicable contract yearyear in which this excess amount occurs, as determined under federal tax law. If this excess amount is not refunded by the end of such 60-day period, the Death Benefit shall be increased retroactively and prospectively to the minimum extent necessary so that at no time is the Death Benefit ever less than the minimum amount necessary to ensure or maintain such tax qualification. In addition, the Accumulated Value will be reduced to reflect any the increased Monthly Deductions that result from such Death Benefit increase, starting on the date that the increase is effective. If you request a decrease in policy or rider benefits, it may cause a reduction in any applicable tax limits on premiums or cash values for the policy to maintain such qualify as life insurance under federal tax qualificationlaw. Such a reduction in these limits may require us to make a distribution from the policy equal to the greatest amount by which the premiums paid or cash values for the policy, exceed any such reduced limits, as determined under federal tax law, exceed any such reduced limits, in order to maintain the policy’s tax qualification. If such a distribution is made, the distribution will be paid to you and the Accumulated Value will be reduced by the amount of the distribution. However, no request for a decrease in policy or rider benefits will be allowed to the extent that we determine that the resulting reduction in such tax limits would require us to distribute more than the Net Cash Surrender Value for the policy.

Appears in 1 contract

Samples: Pacific Select Exec Separate Acct Pacific Life Ins

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