AXA EQUITABLE LIFE INSURANCE COMPANY APPLICATION FOR EQUI-VEST STRATEGIES 401(a) (SERIES 901) GROUP FLEXIBLE PREMIUM COMBINATION FIXED AND VARIABLE DEFERRED ANNUITY CONTRACT (Consisting of Parts A and B)
Exhibit 4(r)
AXA EQUITABLE LIFE INSURANCE COMPANY
APPLICATION FOR EQUI-VEST STRATEGIES 401(a) (SERIES 901) GROUP FLEXIBLE
PREMIUM COMBINATION FIXED AND VARIABLE DEFERRED ANNUITY CONTRACT
(Consisting of Parts A and B)
Part A
Section I - Application and Agreement for Participation in EQUI-VEST® Strategies Contract
1. Distributor (Please check one) |
¨ AXA Advisors
¨ AXA Distributors | |
2. Type of EQUI-VEST Strategies Contract (Please check one) |
401(a) Plans of governmental employers (not suitable for deferrals under IRC section 401(k)):
¨ Profit Sharing Plan
¨ Money Purchase Pension Plan | |
3. Employer and Plan Information |
Employer’s Name:__________________________________________________________________ | |
Employer’s Address:________________________________________________________________ | ||
Number and Street (If non-U.S., Registered Representative must contact Branch.) | ||
______________________________________________________________ | ||
Attention | ||
______________________________________________________________ | ||
City State Zip Code | ||
Employer’s Federal Taxpayer’s Identification Number: ____________________________________ | ||
Plan Name: _____________________________________________________________________ | ||
Plan’s Contact Person Name: ________________________________________________________ | ||
Contact’s Telephone Number: ___________________________ extension ______________________ | ||
Contact’s Email Address: ___________________________________________________________ | ||
4. Key Registered Representative or Broker of Record’s Name and Code Number |
Name: __________________________________________________________________________
Code Number: ____________________________________________________________________
Firm Name (Broker): _______________________________________________________________
CV #: ____________ (For Internal Use Only) | |
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5. Plan Effective Date |
Indicate the date the Plan went into effect. | |||||
Year__________ Month__________ Day________ | ||||||
6. | ||||||
Administrative Charge |
Annual Administrative Charge for each Certificate on the last day of each Participation Year is to be: | |||||
Payment | ¨ Deducted from each Participant’s Account Value | |||||
¨ Paid by the Employer | ||||||
Note: Employers that elect to pay the Annual Administrative Charge must have a minimum of 5 Participants at the time the Unit is established. | ||||||
7. Loan |
Does the Plan permit Participants to take loans? ¨ Yes ¨ No | |||||
Information |
Unless you or your designee provides us with the loan interest rate on Participant loan requests, AXA Equitable will set the loan interest rate. We will use the rate as published in the Wall Street Journal for the Prime Interest Rate +1.00% on a calendar monthly basis. | |||||
Does the plan have a limit on the number of loans that a Participant can have under this Contract (limit may not exceed nine)? | ||||||
¨ Yes ¨ No | ||||||
If Yes, please provide the maximum number of loans permitted under the Plan: | ||||||
8. In-Service Withdrawal Information |
Does the Plan permit Participants to take In-Service Withdrawals? ¨ Yes ¨ No | |||||
9. | Does the Plan permit: | |||||
Direct Rollover and Transfer Contributions |
Direct Rollover Contributions? ¨ Yes ¨ No
| |||||
Plan-to-Plan Direct Transfer Contributions? ¨ Yes ¨ No | ||||||
10. Existing Plan Assets |
Upon takeover, are existing Plan assets being transferred to an Unallocated Account maintained by the Contract until such Plan assets can be allocated to the Participants’ Accounts? ¨ Yes ¨ No | |||||
11. Sources of Contribution |
Indicate which sources (Contribution types) can be made under this Plan. | |||||
For Internal Use Only | ||||||
i. | ¨ Employer Contributions: | L | ||||
ii. | ¨ Employee 414(h) Pre-Tax Contribution - Mandatory: | E | ||||
iii. | ¨ Prior Plan: | 8 | ||||
(Direct Transfer from another 401(a) plan or rollover from another eligible retirement plan) | ||||||
iv. | ¨ Prior Pension Plan: | 6 | ||||
(Transfer of assets from another qualified plan of the same employer). Are there unvested Employee Contributions subject to vesting? ¨ Yes ¨ No |
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12. Vesting |
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Schedule |
Does your Plan document specify a vesting schedule for Employer Contributions? ¨ Yes ¨ No | |
If yes, please indicate the vesting schedule for your Plan: |
¨ | ¨ | ¨ | ¨ | ¨ | ¨ | ¨ | ||||||||||||||||||||
Period of Vesting Service |
Schedule A |
Schedule B |
Schedule C |
Schedule D |
Schedule E |
Schedule F |
Schedule G TBD by Client | |||||||||||||||||||
< 1 Year |
0 | % | 0 | % | 0 | % | 0 | % | 0 | % | 0 | % | ||||||||||||||
1 - 2 Years |
100 | % | 0 | % | 0 | % | 0 | % | 0 | % | 0 | % | ||||||||||||||
2 - 3 Years |
100 | % | 100 | % | 0 | % | 0 | % | 0 | % | 20 | % | ||||||||||||||
3 - 4 Years |
100 | % | 100 | % | 100 | % | 0 | % | 0 | % | 40 | % | ||||||||||||||
4 - 5 Years |
100 | % | 100 | % | 100 | % | 100 | % | 0 | % | 60 | % | ||||||||||||||
5 - 6 Years |
100 | % | 100 | % | 100 | % | 100 | % | 100 | % | 80 | % | ||||||||||||||
6 Years or > |
100 | % | 100 | % | 100 | % | 100 | % | 100 | % | 100 | % |
13. Frequency of Plan Contributions |
¨ Monthly ¨ Semi-Monthly ¨ Bi-Weekly | |
14. Designated Plan Administrator |
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Name of Plan Administrator Telephone Number | ||
(If other than the Employer) |
||
Address City State Zip Code | ||
Contact Person Name, Title Email Address Fax Number | ||
15. Designated Plan |
If a Designated Plan Administrator is indicated, the Plan Administrator’s fee is to be deducted from each | |
Administrator Fee |
Participant’s Account Value: ¨ Yes ¨ No | |
If yes, indicate amount for each Participant: $ | ||
Frequency: ¨ Annually ¨ Quarterly ¨ Monthly | ||
16. Transaction Authorization |
Please indicate whether or not Participants are authorized to execute the following transactions without the Employer’s approval: | |
Investment Option Transfers ¨ Yes ¨ No | ||
Allocation Changes ¨ Yes ¨ No |
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17. Authorization Information |
Please provide us with the individual(s) authorized to approve transaction(s) (i.e. loans, withdrawals etc.): | |||||
Name: |
Signature: | |||||
Telephone Number: |
Effective Date: | |||||
Name: |
Signature: | |||||
Telephone Number: |
Effective Date: | |||||
18. |
Please select the investment option method that will be available to Plan Participants (select only one): | |||||
Investment |
||||||
Option Methods |
(a) ¨ Make their own investment choices (Either Maximum Transfer Flexibility, or Maximum Investment Option Choice) | |||||
(b) ¨ Have Maximum Transfer Flexibility | ||||||
(c) ¨ Have Maximum Investment Option Choice |
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Section II – Plan Location and Contribution Reminder Statement Information
Note: This Section must be completed if the Plan wants to receive Contribution Reminder Statements. If the Plan has more than one location that wants to receive a Contribution Reminder Statement, a fully completed Section II is required for each location designated. A copy of Section II may be reproduced locally.
19. Plan Location Information |
Does the location request Contribution Statements? ¨ Yes ¨ No | |||
Is the Location Name the same as the Employer Name? ¨ Yes ¨ No | ||||
Is the Location Address the same as the Employer Address? ¨ Yes ¨ No | ||||
If either the Location Name or Address is different from the Employer Name or Address please complete the following: | ||||
Location Name: | ||||
Attention of: | ||||
Location Address: | ||||
Number and Street | ||||
City State Zip Code | ||||
20. Statements |
||||
a. Contribution Due Date (choose the 1st through 28th of the month) | ||||
Month Day | ||||
b. Please indicate the frequency in which Contribution Statements are to be forwarded to you. | ||||
¨ Monthly ¨ Semi-Monthly ¨ Bi-Weekly | ||||
Please note: The contribution frequency does not have to be the same for all locations. | ||||
c. Indicate how you wish to have the Contribution Statement produced: | ||||
¨ Alphabetical order | ||||
¨ Certificate Number order | ||||
¨ Social Security Number order | ||||
d. Do you want the contribution amount(s) to be printed on the Contribution Statements? | ||||
¨ Yes ¨ No |
21. Location Contact |
Location Contact Person: |
__________________________________________________________________ |
Information |
Location Contact Person’s Telephone Number |
____________________ extension _______________________ | ||
Location Contact Person’s Email Address | ||||
22. Mailing Information |
Confirmation Notices and Statements of Account will be mailed to the Participants. |
FOR PROCESSING USE ONLY:
PLAN ID: LOCATION
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Section III – Basic Installation Information
23. Administration Information |
Type of Employer Organization:
¨ Governmental Entity
¨ IRC 501(c )(3) Organization |
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Part B
Certain Contract Provisions |
I. Investment Options - (Contract Section 2.01) | |
The Investment Options currently available under the Contract are listed in Attachment A. One of the following two methods for selecting Investment Options is available under the Contract: | ||
1) Maximum Investment Options: Participants may allocate Contributions or transfer funds to both Type A and Type B Investment Options. The Options currently available are listed in Attachment A (the Investment Options Chart). However, there will be restrictions on the amounts that can be transferred out of the Guaranteed Interest Option. | ||
2) Maximum transfer flexibility: Participants may allocate Contributions to any available Investment Options under Type A. No restrictions will apply to amounts that can be transferred out of the Guaranteed Interest Option. | ||
II. Guaranteed Interest Option – (Contract Section 2.02) | ||
Minimum Guaranteed Interest Rate: Not less than 1% and not more than 3%. | ||
III. Minimum Aggregate Contributions (on an annual basis) – (Contract Section 3.01) | ||
$0 - $5 Million | ||
IV. Allocations – (Contract Section 3.02) | ||
Restrictions on Allocations into the Guaranteed Interest Option: No more than 25% of any Contribution may be allocated to the Guaranteed Interest Option. We may suspend these allocation restrictions upon notice to Participants. We will advise Participants of any such liberalization. We will also advise Participants at least 45 days in advance of the day we intend to reimpose any such restrictions, unless we have previously specified that date when we notified Participants of the liberalization. | ||
V. Transfer Rules – (Contract Section 4.02) | ||
The provisions of Section 4.02 of the Contract shall govern except that the maximum percentage of the amount in the Guaranteed Interest Option, which may be transferred, as described in Section 4.02 of the Contract, is the greater of 25% or the total amount transferred during the previous twelve months. | ||
Restrictions on Transfers into the Guaranteed Interest Option: Transfers into the Guaranteed Interest Option will not be permitted if it would result in more than 25% of the Annuity Account Value to be in the Guaranteed Interest Option. We may suspend these transfer restrictions upon notice to Participants. We will advise Participants of any such liberalization. We will also advise Participants at least 45 days in advance of the day we intend to reimpose any such restrictions, unless we have previously specified that date when we notified Participants of the liberalization. | ||
VI. Withdrawal Charges – (Contract Section 9.01) | ||
For Plans subject to a Withdrawal Charge, each Participation Year, the Participant is permitted to withdraw up to 10% of the Annuity Account Value (less any prior withdrawals and associated withdrawal charges in the current Participation Year) without incurring a Withdrawal Charge. | ||
The Withdrawal Charge will be assessed as a percentage of the amount withdrawn starting from the Participation Date of each Participant’s Certificate as follows: | ||
• 10 Years: 6%, 6%, 6%, 6%, 6%, 5%, 4%, 3%, 2%, 1%, or | ||
• 7 Years: 6%, 6%, 5%, 4%, 3%, 2%, 1%, or | ||
• 5 Years: 5%, 5%, 5%, 5%, 5%, or | ||
• None, or |
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The Withdrawal Charge will be assessed as a percentage of each Contribution withdrawn attributable to Contributions made during the current and five prior Participation Years based on the following percentages: | ||
• 5%, 5%, 5%, 5%, 5%, 5%, or | ||
• 5%, 5%, 5%, 5%, 5%, 5% until the beginning of the 13th Participation Year when the charge becomes zero, or | ||
The Withdrawal Charge will be assessed as a percentage of the amount withdrawn from each Participant’s Certificate starting from the Contract Date of the Group Contract as follows: | ||
• 5 Years: 5%, 5%, 5%, 5%, 5% | ||
• 3 Years: 6%, 6%, 6% | ||
No Withdrawal Charge will apply when: | ||
(Standard Waivers) | ||
1) after 5 Participation Years, the Participant reaches age 55 and xxxxxx from employment; or | ||
2) the later of the completion of at least five Participation Years and the Participant’s attainment of 59 1/2; or | ||
3) a request is made for a refund of a Contribution in excess of the amount that may be contributed under Section 401(a) of the Code within one month of the date on which the Contribution is made; or | ||
4) the Participant’s attainment of age 55, the completion of at least five Participation Years and the receipt by AXA Equitable of a properly completed settlement election form providing for the application of the Annuity Account Value to purchase an eligible Annuity Certain; or | ||
5) the Participant’s completion of at least three Participation Years and the receipt by AXA Equitable of a properly completed settlement election form providing for the application of the Annuity Account Value to purchase a Period Certain Annuity, where the certain period of such annuity is least ten years; or | ||
6) the receipt by AXA Equitable of a properly completed settlement election form providing for the application of the Annuity Account Value to purchase a life annuity distribution, pursuant to the terms of this Contract; or | ||
7) the Participant dies and a death benefit is payable to the Beneficiary; or | ||
8) the withdrawal is made to satisfy minimum distribution requirements under Code Section 401(a)(9); or | ||
9) the Participant elects a withdrawal that qualifies as a hardship withdrawal under the Code; or | ||
10) the Participant has qualified to receive Social Security disability benefits as certified by the Social Security Administration; or | ||
11) AXA Equitable receives proof satisfactory to us that the Participant’s life expectancy is six months or less, and such proof must include, but is not limited to, certification by a licensed physician; or | ||
12) the Participant has been confined to a nursing home for more than 90 days (or such other period, as required in your state) as verified by a licensed physician. A nursing home for this purpose means one that is (a) approved by Medicare as a provider of skilled nursing care service, or (b) licensed as a skilled nursing home by the state or territory in which it is located (it must be within the United States, Puerto Rico, U.S. Virgin Islands, or Guam) and meets all of the following: | ||
• its main function is to provide skilled, intermediate, or custodial nursing care; | ||
• it provides continuous room and board to three or more persons; | ||
• it is supervised by a registered nurse or licensed practical nurse; | ||
• it keeps daily medical records of each patient; | ||
• it controls and records all medications dispensed; and | ||
• its primary service is other than to provide housing for residents. | ||
The withdrawal charge will apply if the condition as described in items 10 through 12 existed at the time the [Participant’s Certificate is issued][Contract is issued] or if the condition began within the 12 month period following the issuance of the [Participant’s Certificate][Contract]. | ||
(Benefit Sensitive Waiver) | ||
13) the Participant xxxxxx from employment. |
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VII. Third Party Transfer (Contract Section 9.02)
Currently $25. AXA Equitable reserves the right to charge a maximum of $65 for each occurrence of a withdrawal for any reason, to cover administrative processing costs. | ||
VIII. Annual Administrative Charge - (Contract Section 9.04)
If applicable, the Annual Administrative Charge will be deducted from each certificate on the last day of each Participation Year as follows: | ||
• The lesser of 2% of the Annuity Account Value plus any prior withdrawals made during the Participation Year or $30; waived at an Annuity Account Value of $15,000 or more, or | ||
• The lesser of 2% of the Annuity Account Value plus any prior withdrawals made during the Participation Year or $30; waived at an Annuity Account Value of $25,000 or more, or | ||
• The lesser of 2% of the Annuity Account Value any prior withdrawals made during the Participation Year or $15; waived at an Annuity Account Value of $15,000, or more, or | ||
• The lesser of 2% of the Annuity Account Value plus any prior withdrawals made during the Participation Year or $15; waived at an Annuity Account Value of $25,000, or more, or | ||
• None | ||
IX. Variable Separate Account Charge – (Contract Section 9.06) | ||
0.00% - 2.00% | ||
X. Participant Accounts (Contract Section 8.01) and Termination of the Contract – (Contract Section 11.08) | ||
Participant consent is required for the Employer to make withdrawals from or terminate a Participant’s account under the Contract. It is the Employer’s responsibility to obtain Participant consent. |
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Acknowledgements and Agreement |
When you sign this Application, you are agreeing to the elections that you have made in this Application and acknowledge that you understand the terms and conditions set forth in this Application. | |
By signature(s) on the next page of duly authorized person(s), the Employer and or the Trustee(s) if applicable, hereby: | ||
1. acknowledge having received and read the most current Employer Disclosure Brochure and any Supplement(s) for participation under the Contract. | ||
2. acknowledge, understand and agree to: the elections made in this Application, the various levels of fees, charges, and funding arrangements under the Contract. | ||
3. apply for participation in the Contract as funding vehicle for the Plan; | ||
4. agree to be bound by the terms and conditions of the Contract; | ||
5. acknowledge and understand that no Registered Representative of AXA Advisors or of a Broker Dealer with which AXA Advisors or AXA Distributors has entered into a selling agreement has authority to make or modify any contract or agreement on AXA Equitable’s behalf, or to waive or alter any of AXA Equitable’s rights or requirements; and | ||
6. acknowledge and agree that the provisions contained in this Application and the Contract issued upon acceptance of this Application by AXA Equitable supersede all prior agreements that may have previously been entered into between the Employer and AXA Equitable. | ||
7. acknowledge, understand and agree that all forfeiture funds, if any, will be re-allocated among remaining Participants to offset future Employer Contributions. | ||
8. acknowledge, understand and agree that assets transferred from a prior funding vehicle are received by AXA Equitable, such assets will be deposited as one lump sum to an Unallocated Account in the Guaranteed Interest Option. Assets shall remain in this account until all forms are completed and until all information needed to complete the transfer is received by AXA Equitable. With respect to each Participant, AXA Equitable will allocate amounts to each Participant’s Certificate only after you provide instructions that are acceptable and necessary in order to complete the allocation process. Once all the necessary information is received and has been determined to be acceptable by AXA Equitable, AXA Equitable will allocate such amounts to each Participant’s Certificate. You are solely responsible for effectuating the asset transfer in accordance with all applicable laws and regulations. | ||
9. understand that by identifying the Designated Plan Administrator (page 3) and signing on the next page, the Employer and or the Trustee(s) are authorizing AXA Equitable to provide information regarding the Plan and Plan Participants to them. | ||
10. understand that the Annuity Account Value attributable to allocations to the Variable Investment Options may increase or decrease and are not guaranteed as to dollar amount. | ||
11. understand that the Employer’s legal counsel and/or advisor should determine that there are no local or state laws, rules and/or regulations which prohibit the investment of Plan assets in the Contract and in the Investment Options indicated on Attachment A of this Application. |
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Accepted for AXA Equitable | ACCEPTED FOR AXA EQUITABLE: | |||
_______________________________ |
By_____________________________________ | |||
(To be completed by the AXA Equitable Processing Office) |
Print Name of Authorized Signatory | Signature of Authorized Signatory | ||
Effective Date: _______________ |
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Group Annuity Contract No. ____________ |
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A copy of the Contract, the Application, including Parts A and B (including the Contract Charges), and Investment Options Chart, will be signed by XXX Xxxxxxxxx and returned to the Contract Holder after review. All returned documents will govern the operation of the Contract. Initial Contributions will be accepted by AXA Equitable only after installation documents have been approved by AXA Equitable’s Processing Office. |
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Attachment A - Investment Options Chart (Series 901)
Type B |
Type A |
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AXA Conservative Allocation | Guaranteed Interest Option | Fidelity® VIP Contrafund® | ||
AXA Conservative-Plus Allocation | All Asset Allocation | Fidelity® VIP Equity Income | ||
EQ/Core Bond Index | American Century VP Mid Cap Value Fund | Fidelity VIP Mid Cap | ||
EQ/Franklin Core Balanced | AXA Aggressive Allocation | Xxxxxxx Xxxxx VIT Mid Cap Value | ||
EQ/Global Bond PLUS | AXA Moderate Allocation | Invesco V.I. Dividend Growth | ||
EQ/Intermediate Government Bond Index | AXA Moderate-Plus Allocation | Invesco V.I. Global Real Estate | ||
EQ/Money Market | AXA Tactical Manager 400 | Invesco V.I. International Growth | ||
EQ/PIMCO Ultra Short Bond | AXA Tactical Manager 500 | Invesco V.I. Mid Cap Core Equity | ||
EQ/Quality Bond PLUS | AXA Tactical Manager 2000 | Invesco V.I. Small Cap Equity | ||
Invesco V.I. High Yield | AXA Tactical Manager International | Ivy Funds VIP Energy | ||
Ivy Funds VIP High Income | EQ/AllianceBernstein Small Cap Growth | Ivy Funds VIP Mid Cap Growth | ||
Multimanager Core Bond | EQ/AXA Franklin Small Cap Value Core | Ivy Funds VIP Small Cap Growth | ||
Multimanager Multi-Sector Bond | EQ/BlackRock Basic Value Equity | Lazard Retirement Emerging Markets Equity | ||
PIMCO VIT CommodityRealReturn® Strategy | EQ/Boston Advisors Equity Income | MFS® International Value | ||
EQ/Xxxxxxx Socially Responsible | MFS® Investors Growth Stock | |||
EQ/Common Stock Index | MFS® Investors Trust | |||
EQ/Xxxxx New York Venture | MFS® Technology | |||
EQ/Equity 500 Index | MFS® Utilities | |||
EQ/Equity Growth PLUS | Multimanager Aggressive Equity | |||
EQ/Franklin Xxxxxxxxx Allocation | Multimanager International Equity | |||
EQ/GAMCO Small Company Value | Multimanager Large Cap Value | |||
EQ/Global Multi-Sector Equity | Multimanager Mid Cap Growth | |||
EQ/International Core PLUS | Multimanager Mid Cap Value | |||
EQ/International Equity Index | Multimanager Small Cap Growth | |||
EQ/International Value PLUS | Multimanager Small Cap Value | |||
EQ/JPMorgan Value Opportunities | Multimanager Technology | |||
EQ/Large Cap Core PLUS | Xxxxxxxxxxx Main Street Fund®/VA | |||
EQ/Large Cap Growth Index | Structured Investment Option | |||
EQ/Large Cap Growth PLUS | Target 2015 Allocation | |||
EQ/Large Cap Value Index | Target 2025 Allocation | |||
EQ/Large Cap Value PLUS | Target 2035 Allocation | |||
EQ/Lord Xxxxxx Large Cap Core | Target 2045 Allocation | |||
EQ/MFS International Growth | Xxxxxxxxx Global Bond Securities | |||
EQ/Mid Cap Index | Xxx Xxx VIP Global Hard Assets | |||
EQ/Mid Cap Value PLUS | ||||
EQ/Xxxxxx & Xxxxxxxx Growth | ||||
EQ/Xxxxxx Xxxxxxx Mid Cap Growth | ||||
EQ/Mutual Large Cap Equity | ||||
EQ/Xxxxxxxxxxx Global | ||||
EQ/Small Company Index | ||||
EQ/X. Xxxx Price Growth Stock | ||||
EQ/Xxxxxxxxx Global Equity | ||||
EQ/Xxx Xxxxxx Xxxxxxxx |
2011 EV STRAT 401(a) - 901 |
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