Common use of WAIVER OF CONTINGENT DEFERRED SALES CHARGES Clause in Contracts

WAIVER OF CONTINGENT DEFERRED SALES CHARGES. The withdrawal of a portion of the Contract Value or the surrender of this Contract, prior to the Annuity Commencement Date, may be subject to a CDSC as described in Sections 5.02 and 5.03, except that such charges do not apply to the following: a. Each withdrawal of the Free Amount (as defined in Section 5.02). b. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to onset of the "permanent and total disability" of the Owner or Joint Owner as defined in section 22(e)(3) of the Code. Permanent and total disability must occur subsequent to the Contract Date and prior to the 65th birthday of the disabled Owner or Joint Owner. c. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to the diagnosis of a terminal illness of the Owner or Joint Owner. Diagnosis of the terminal illness must be subsequent to the Contract Date and result in a life expectancy of less than one year, as determined by a qualified professional medical practitioner. d. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to the admittance of the Owner or Joint Owner into an accredited nursing home or equivalent health care facility. Admittance in such a facility must be subsequent to the Contract Date and continue for 90 consecutive days prior to the surrender or withdrawal. e. The surrender of this Contract as a result of the death of the Owner or a Joint Owner, or as a result of the death of the Annuitant, provided the Annuitant has not been changed, other than as a result of the death of a prior Annuitant. f. The annuitization of any Purchase Payment received more than 12 months prior to the Annuity Commencement Date. If a non-natural person is the Owner of the Contract, the Annuitant or Joint Annuitant will be considered the Owner or Joint Owner of the Contract for purposes of this Section 5.05.

WAIVER OF CONTINGENT DEFERRED SALES CHARGES. The withdrawal of a portion of the Contract Value or the surrender of this Contract, prior to the Annuity Commencement Date, may be subject to a CDSC as described in Sections 5.02 and 5.03, except that such charges do not apply to the following: a. Each withdrawal of the Free Amount (as defined in Section 5.02). b. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to onset of the "permanent and total disability" of the Owner or Joint Owner as defined in section 22(e)(3) of the Code. Permanent and total disability must occur subsequent to the Contract Date and prior to the 65th birthday of the disabled Owner or Joint Owner. c. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to the diagnosis of a terminal illness of the Owner or Joint Owner. Diagnosis of the terminal illness must be subsequent to the Contract Date and result in a life expectancy of less than one year, as determined by a qualified professional medical practitioner. d. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to the admittance of the Owner or Joint Owner into an accredited nursing home or equivalent health care facility. Admittance in such a facility must be subsequent to the Contract Date and continue for 90 consecutive days prior to the surrender or withdrawal. e. The surrender of this Contract as a result of the death of the Owner or a Joint Owner, or as a result of the death of the Annuitant, provided the Annuitant has not been changed, changed other than as a result of the death of a prior Annuitant. f. The annuitization of any Purchase Payment received more than 12 months prior to the Annuity Commencement Date. If a non-natural person is the Owner of the Contract, the Annuitant or Joint Annuitant will be considered the Owner or Joint Owner of the Contract for purposes of this Section 5.05.

WAIVER OF CONTINGENT DEFERRED SALES CHARGES. The withdrawal of a portion of the Contract Value or the surrender of this Contract, prior to the Annuity Commencement Date, may be subject to a CDSC as described in Sections 5.02 and 5.03, except that such charges do not apply to the following: a. Each withdrawal of the Free Amount (as defined in Section 5.02). b. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to onset of the "permanent and total disability" of the Owner or Joint Owner as defined in section 22(e)(3) of the Internal Revenue Code. Permanent and total disability must occur subsequent to the Contract Date and prior to the 65th birthday of the disabled Owner or Joint Owner. c. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to the diagnosis of a terminal illness of the Owner or Joint Owner. Diagnosis of the terminal illness must be subsequent to the Contract Date and result in a life expectancy of less than one year, as determined by a qualified professional medical practitioner. d. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to the admittance of the Owner or Joint Owner into an accredited nursing home or equivalent health care facility. Admittance in such a facility must be subsequent to the Contract Date and continue for 90 consecutive days prior to the surrender or withdrawal. e. The surrender of this Contract as a result of the death of the Owner or Owner, a Joint Owner, or as a result of the death of the Annuitant, provided the Annuitant who has not been changed, other than as a result of unless the Annuitant was changed due to the death of a prior Annuitant. f. The annuitization of any Purchase Payment received more than 12 months prior to the Annuity Commencement Date. If a non-natural person is the Owner of the Contract, the Annuitant or Joint Annuitant will be considered the Owner or Joint Owner of the Contract for purposes of this Section 5.05.

WAIVER OF CONTINGENT DEFERRED SALES CHARGES. The withdrawal of a portion of the Contract Value or the surrender of this Contract, prior to the Annuity Commencement Date, may be subject to a CDSC as described in Sections 5.02 and 5.03, except that such charges do not apply to the following: a. Each withdrawal of the Free Amount (as defined in Section 5.02). b. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to onset of the "permanent and total disability" of the Owner or Joint Owner as defined in section 22(e)(3) of the Internal Revenue Code. Permanent and total disability must occur subsequent to the Contract Date and prior to the 65th birthday of the disabled Owner or Joint Owner. c. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to the diagnosis of a terminal illness of the Owner or Joint Owner. Diagnosis of the terminal illness must be subsequent to the Contract Date and result in a life expectancy of less than one year, as determined by a qualified professional medical practitioner. d. The surrender or withdrawal of any Purchase Payment received more than 12 months prior to the admittance of the Owner or Joint Owner into an accredited nursing home or equivalent health care facility. Admittance in such a facility must be subsequent to the Contract Date and continue for 90 consecutive days prior to the surrender or withdrawal. e. The surrender of this Contract as a result of the death of the Owner or Owner, a Joint Owner, or as a result of the death of the Annuitant, provided the Annuitant who has not been changed, other than as a result of unless the Annuitant was changed due to the death of a prior Annuitant. f. The annuitization of any Purchase Payment received more than 12 months prior to the Annuity Commencement Date. If a non-natural person is the Owner of the Contract, the Annuitant or Joint Annuitant will be considered the Owner or Joint Owner of the Contract for purposes of this Section 5.05.