Amendment Number 4 to the Second Amended and Restated Automatic Indemnity Reinsurance Agreement
Amendment Number 4
to the
Second Amended and Restated Automatic Indemnity Reinsurance Agreement
This Amendment between The Lincoln National Life Insurance Company of Fort Xxxxx, Indiana (the “Ceding Company”) and Lincoln National Reinsurance Company (Barbados) Limited, a Barbados Corporation (“the Reinsurer”) is effective May 22, 2017.
RECITALS
1. The Ceding Company and the Reinsurer entered into an Automatic Indemnity Reinsurance Agreement effective July 1, 2003, as amended and restated effective November 1, 2013, and as further amended by amendments executed June 9, 2016, October 20, 2016 and March 30, 2017 (“the Agreement”).
2. Article XVII, Section 8 of this Agreement permits amendments as long as they are made in writing, signed by duly authorized officers of both parties.
3. The Ceding Company and the Reinsurer wish to make such an amendment to add a new rider to the Agreement.
AGREEMENT
NOWTHEREFORE, in consideration of these premises and the mutual covenants contained herein, the Ceding Company and the Reinsurer agree to amend the Agreement as follows:
1. Effective May 22, 2017, the Lincoln Max 6 SelectSM Advantage rider shall be added to Schedule A and Schedule C of the Agreement.
2. The Ceding Company and the Reinsurer agree that Schedules A and C of the Agreement shall be replaced in their entirety with Schedules A and C attached hereto.
All terms, provisions and conditions of this Agreement will continue unchanged except as specifically revised in this Amendment.
In WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives.
LINCOLN NATIONAL REINSURANCE |
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THE LINCOLN NATIONAL LIFE | ||
COMPANY (BARBADOS) LIMITED |
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INSURANCE COMPANY | ||
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By: |
/s/ Xxxxx X. Xxxx |
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By: |
/s/ Xxxx Xxxxxxx |
Name: Xxxxx X. Xxxx |
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Name: Xxxx Xxxxxxx | ||
Title: VP |
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Title: SVP | ||
Date: July 15, 2017 |
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Date: 7/14/17 |
SCHEDULE A
Reinsurance of Guaranteed Benefits (“GB”)
Effective May 22, 2017
Each contract listed in Schedule B contains one or more GB. GBs which are covered by this Agreement include the following:
Marketing Name of Benefit |
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Policy Form Nos. |
Death Benefit Riders |
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Guarantee of Principal Death Benefit Rider* |
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32148 |
Enhanced Guaranteed Minimum Death Benefit Rider* |
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32149 |
5% Step-Up Death Benefit Rider* |
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32150 |
7 Year Ratchet Death Benefit on American Legacy I & II* |
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— |
Estate Enhancement Death Benefit Rider* |
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32151 |
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Highest Anniversary Death Benefit Rider eff. 1/9/17* |
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AR-593 |
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Guarantee of Principal Death Benefit Rider eff. 1/9/17* |
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ICC16-32148 |
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Guarantee of Principal Death Benefit Rider eff. 1/9/17* |
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32148 (9-16) |
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Earnings Optimizer Death Benefit Rider eff. 11/16/15 |
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AR-590 |
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Lincoln SmartSecurity® Advantage |
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Variable Annuity Rider |
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32793 |
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i4LIFE® Advantage with Guaranteed Income Benefit |
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Variable Annuity Income Rider |
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I4LA |
Variable Annuity Payment Option Rider |
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I4LA-Q |
Variable Annuity Payment Option Rider |
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I4LA-NQ |
Guaranteed Income Benefit |
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GIB |
Increasing GIB |
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IGIB |
Annual XXX |
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XXXX |
Select Guaranteed Income Benefit |
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AR-528 |
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i4LIFE® Advantage with Guaranteed Income Benefit (Managed Risk) eff. 5/21/12 |
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AR-528 |
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4LATER® Advantage |
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Guaranteed Income Later Rider |
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4Later |
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4LATER® Advantage (Managed Risk) eff. 7/2/12 |
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AR-547 |
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4LATER® Select Advantage eff. 0/0/00 |
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XX-000 |
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Xxxxxxx Lifetime Income SMAdvantage |
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Variable Annuity Living Benefits Rider |
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AR-512 |
Variable Annuity Living Benefits Rider (LINC Plus)* |
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AR-512P |
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Lincoln Lifetime Income SMAdvantage 2.0 & |
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Lincoln Lifetime Income SMAdvantage 2.0 (Managed Risk) eff. 4/2/12 |
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Variable Annuity Living Benefits Rider* |
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AR-529 |
Variable Annuity Guarantee Income Benefit (NY version) |
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AR-529 |
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Lincoln Lifetime IncomeSMAdvantage 2.0 (Managed Risk) eff. 1/20/15 |
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AR-566 |
Lincoln Market Select ® Advantage |
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Variable Annuity Living Benefits Rider eff. 10/5/15 |
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AR-587 |
Variable Annuity Living Benefits Rider eff. 5/16/16 |
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AR-591 |
Variable Annuity Guarantee Income Benefit (NY version) eff. 8/29/16 |
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AR-529 |
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Lincoln Long-TermCareSMAdvantage Rider |
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Long-Term Care Coverage Endorsement |
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AE-517 |
Long-Term Care Benefits Rider |
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AR-518, AR-519 |
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Core Income Benefit — eff. 2/21/17 |
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AR-592 |
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Lincoln Max 6 SelectSM Advantage — eff. 5/22/17 |
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AR-600 |
* issued by Ceding Company only
SCHEDULE C
PREMIUM RATE SCHEDULE
Effective May 22, 2017
Initial Reinsurance Premium:
The Initial Reinsurance Premium shall equal the Treaty Reserve applicable to each Individual Policy on the date it is first covered by this Agreement. For all business the Ceding Company assumes from Lincoln Life & Annuity of New York, the Initial Reinsurance Premium shall equal the Treaty Reserves less an adjustment reflecting the anticipated future profitability on the business assumed by the Ceding Company effective January 1, 2010. For all business issued by the Ceding Company after the Agreement’s Effective Date, the Initial Premium shall be zero.
Base Reinsurance Premium Rates:
Effective from the Agreement’s Effective Date and the corresponding effective date of any amendment, as appropriate:
Type of Benefit |
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Contracts |
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Contracts Issued |
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Contracts |
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Effective Date of Coverage |
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Prior to |
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Between 7/1/03 and |
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After 7/26/04 |
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All Contracts |
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GMDB Type |
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Base |
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Base Reinsurance |
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Base |
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Expense, |
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Applied to |
Guarantee of Principal Death Benefit — Employer VA |
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0.015% |
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0.015% |
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0.020% |
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0.050% |
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Account Value |
Guarantee of Principal Death Benefit — Individual VA |
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0.050% |
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0.110% |
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0.100% |
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0.050% |
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Account Value |
Enhanced Guaranteed Minimum Death Benefit |
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0.320% |
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0.280% |
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0.200% |
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0.050% |
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Account Value |
Enhanced Guaranteed Minimum Death Benefit with 5% Rollup |
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0.590% |
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0.210% |
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0.260% |
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0.050% |
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Account Value |
5% Step-Up Death Benefit |
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0.620% |
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0.290% |
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0.460% |
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0.050% |
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Account Value |
Legacy I and II with 7 Yr Ratchet Benefit |
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0.110% |
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0.070% |
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0.100% |
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0.050% |
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Account Value |
Estate Enhancement Benefit |
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0.500% |
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0.380% |
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0.500% |
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0.050% |
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Account Value |
Estate Enhancement Benefit with 5% Rollup |
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0.620% |
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0.620% |
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0.620% |
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0.050% |
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Account Value |
GMDB Type |
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Effective |
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Rates Applied to |
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Base |
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Expense, |
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Applied to | ||
Earnings Optimizer Death Benefit Rider |
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11/16/15 |
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Riders effective after 11/16/15 |
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Ages 0-69: 0.20%*** |
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0.050% |
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Greater of: · Account Value · Sum of all purchase payments adjusted pro-rata for withdrawals* | ||
Ages 70-75: 0.50%*** | ||||||||||||
Highest Anniversary Death Benefit Rider |
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Highest Anniversary Component |
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1/9/17 |
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Riders effective on or after 1/9/17 |
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0.15%*** |
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0.05% |
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Highest Anniversary Value |
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Guarantee of Principal Component |
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1/9/17 |
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Riders effective on or after 1/9/17 |
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0.15%*** |
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0.05% |
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Account Value |
Guarantee of Principal Death Benefit |
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1/9/17 |
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Riders effective after 1/9/17 |
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Issue Ages 0-80 |
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0.05% |
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Account Value |
Issue Ages 81-85 |
Type of Benefit |
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LTC Type |
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Effective |
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Rates Applied to |
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Base |
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Expense, |
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Applied to |
Long-Term Care Benefit Rider |
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4/1/2011 |
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Riders effective after 4/1/2011 |
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0.450% (Growth) |
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0.050% |
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Guaranteed Amount (#) |
0.300% (Level) |
Type of Benefit |
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GLB Type |
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Effective |
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Rates Applied to |
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Base |
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Expense, |
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Applied to |
Lincoln SmartSecurity Advantage — 5 Yr Optional Reset |
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7/1/2003 |
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All In Force Riders effective prior to 5/15/2004 |
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0.350% |
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0.050% |
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Guaranteed Benefit (#) |
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5/15/2004 |
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All In Force Riders effective 5/15/2004 thru 1/19/2009 |
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0.400% |
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0.050% |
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1/20/2009 |
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Riders effective or reset on or after 1/20/2009 |
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0.600% |
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0.050% |
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12/3/2012 |
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Riders effective or reset on or after 12/3/2012 |
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0.800% |
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0.050% |
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Lincoln SmartSecurity Advantage — 1 Yr Automatic Reset |
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Riders effective before 1/20/2009 |
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0.550% |
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0.050% |
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Guaranteed Benefit (#) |
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1/20/2009 |
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Riders effective or reset on or after 1/20/2009 |
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0.600% |
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0.050% |
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12/3/2012 |
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Riders effective or reset on or after 12/3/2012 |
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0.800% |
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0.050% |
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Lincoln SmartSecurity Advantage — 1 Yr Automatic Reset - Single Life Option with Lifetime Withdrawals |
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Riders effective before 1/20/2009 |
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0.550% |
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0.050% |
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Guaranteed Benefit (#) |
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1/20/2009 |
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Riders effective or reset on or after 1/20/2009 |
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0.600% |
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0.050% |
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12/3/2012 |
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Riders effective or reset on or after 12/3/2012 |
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0.800% |
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0.050% |
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Lincoln SmartSecurity Advantage — 1 Yr Automatic Reset — Joint Life Option with Lifetime Withdrawals |
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Riders effective before 1/20/2009 |
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0.700% |
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0.050% |
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Guaranteed Benefit (#) |
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1/20/2009 |
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Riders effective or reset on or after 1/20/2009 |
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0.750% |
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0.050% |
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12/3/2012 |
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Riders effective or reset on or after 12/3/2012 |
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0.950% |
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0.050% |
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4LATER Advantage |
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7/1/2003 |
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All In Force Riders effective prior to 1/20/2009 |
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0.450% |
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0.050% |
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Current Income Base (#) or for transitioning to i4LIFE greater of Income Base or Account value prior to transition (increased for GIB step-ups) |
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1/20/2009 |
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Riders effective or reset on or after 1/20/09 |
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0.600% |
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0.050% |
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4LATER Advantage (Managed Risk) (and transitioning to i4LIFE) |
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7/2/2012 |
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Riders effective after 7/2/2012 |
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1.000% (Indiv) |
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0.050% |
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Current Income Base (#) or for transitioning to i4LIFE greater of Income Base or Account value prior to transition (increased for GIB step-ups) |
1.200% (Joint) | ||||||||||
4LATER® Select Advantage |
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1/9/2017 |
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Riders effective after 1/9/2017 |
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1.20% |
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0.05% |
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Current Income Base (#) or for transitioning to i4LIFE greater of Income Base or Account value prior to transition (increased for GIB step-ups) |
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1.45% |
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Guaranteed Income Benefit on i4Life |
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Riders effective before 10/1/2009 |
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0.400% |
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0.050% |
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Variable Account Value |
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10/1/2009 |
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Riders effective or reset on or after 10/1/2009 |
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0.850% |
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0.050% |
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Increasing Guaranteed Income Benefit |
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Riders effective before 10/1/2009 |
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0.400% |
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0.050% |
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Variable Account Value |
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10/1/2009 |
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Riders effective or reset on or after 10/1/2009 |
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0.850% |
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0.050% |
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Annual Step-Up Guaranteed Income Benefit |
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Riders effective before 10/1/2009 |
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0.400% |
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0.050% |
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Variable Account Value |
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10/1/2009 |
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Riders effective or reset on or after 10/1/2009 |
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0.850% |
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0.050% |
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Lincoln Lifetime Income Advantage (and transitioning to i4LIFE) |
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All In Force Riders effective prior to 1/20/2009 |
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0.700% |
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0.050% |
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Guaranteed Benefit (#)or for transitioning to i4LIFE greater of Income Base or Account value prior to transition (increased for GIB step-ups) |
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1/20/2009 |
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Riders effective or reset after 1/20/2009 |
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0.850% |
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0.050% |
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Lincoln Lifetime Income Advantage (and transitioning to i4LIFE GIB) |
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Riders effective before 10/1/2009 |
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0.400% |
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0.050% |
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Variable Account Value |
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10/1/2009 |
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Riders effective or reset on or after 10/1/2009 |
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0.850% |
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0.050% |
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Lincoln Lifetime Income Advantage Plus (and transitioning to i4LIFE) |
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Riders effective before 1/20/2009 |
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0.800% |
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0.050% |
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Guaranteed Benefit (#) or for transitioning to i4LIFE greater of Income Base or Account value prior to transition (increased for GIB step-ups) |
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1/20/2009 |
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Riders effective or reset on or after 1/20/2009 |
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1.000% |
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0.050% |
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Lincoln Lifetime Income Advantage Plus (and transitioning to i4LIFE GIB) |
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Riders effective before 10/1/2009 |
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0.400% |
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0.050% |
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Variable Account Value |
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10/1/2009 |
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Riders effective or reset on or after 10/1/2009 |
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0.850% |
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0.050% |
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Lincoln Lifetime Income Advantage 2.0 (and transitioning to i4LIFE) |
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9/1/2010 |
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Riders effective after 9/1/2010 |
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1.000% (Indiv) |
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0.050% |
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Current Income Base (#) or for transitioning to i4LIFE greater of Income Base or Account value prior to transition (increased for GIB step-ups) |
1.200% (Joint) | ||||||||||
Lincoln Lifetime Income Advantage 2.0 (Managed Risk) (and transitioning to i4LIFE) |
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4/2/2012 |
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Riders effective after 4/2/2012 |
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1.000% (Indiv) |
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0.050% |
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Current Income Base (#) or for transitioning to i4LIFE greater of Income Base or Account value prior to transition (increased for GIB step-ups) |
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1.200% (Joint) |
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Guaranteed Income Benefit on i4Life (AR-528 only) |
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9/1/2010 |
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Riders effective between 9/1/2010 and 8/28/2016 |
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1.000% (Indiv) |
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0.050% |
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Variable Account Value |
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1.200% (Joint) |
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8/29/16 |
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Riders effective on or after 8/29/2016 |
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1.300% (Indiv) |
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1.500% (Joint) |
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i4LIFE®Advantage with Guaranteed Income Benefit (Managed Risk) |
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5/21/2012 |
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Riders effective 5/21/2012 |
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1.000% (Indiv) |
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0.050% |
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Variable Account Value |
1.200% (Joint) |
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Lincoln Market Select ® Advantage (and transitioning to i4LIFE) |
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10/5/2015 |
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Riders effective between 10/5/2015 and 5/15/2016 |
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0.90% (Indiv)** |
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0.050% |
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Current Income Base (#) or for transitioning to i4LIFE greater of Income Base or Account value prior to transition (increased for GIB step-ups) |
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1.100% (Joint)** |
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5/16/2016 |
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Riders effective between 5/16/2016 and 8/28/2016 subject to state approval |
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0.90% (Indiv) |
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1.100% (Joint) |
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8/29/2016 |
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Riders effective on or after 8/29/2016 subject to state approval |
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1.200% (Indiv) |
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1.450% (Joint) |
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Core Income Benefit |
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2/21/2017 |
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Riders effective on or after 2/21/2017 |
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0.80% |
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0.05% |
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Greater of: · Deposits (adjusted for excess withdrawals) · Contract Value |
Lincoln Max 6 SelectSM Advantage |
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5/22/2017 |
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Riders effective on or after 5/22/2017 subject to state approval |
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1.200% (Indiv) |
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0.050% |
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Current Income Base (#) |
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1.450% (Joint) |
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(#) Guaranteed Benefit, Guaranteed Amount and Current Income Base amount are as calculated by the terms of the applicable riders
(*) Excludes i4LIFE® Advantage payments
(**) The charge is guaranteed for the first Benefit Year. After the first Benefit Year the charge adjusts quarterly based on a formula tied to any change in the Volatility Index (VIX). The Base Reinsurance Premium Annual Rate after the first benefit year equals the sum of the four (4) quarterly charges less the 0.05% Expense, Profit & Risk Charge. The Charge Rate will vary based on the rider date.
(***) The charge is guaranteed for the first 20 Benefit Years and thereafter, the charge could increase. If the charge increases, the Base Reinsurance Premium Annual Rate equals the sum of the four (4) quarterly charges less the 0.05% Expense, Profit & Risk Charge.
Reinsurance premium shall step up to the current charge for any Policy that resets for all benefits except for Lincoln Market Select® Advantage contracts issued with policy form AR-587.
Reinsurer’s Expense, Profit, and Risk Charge (EPRC):
EPRC shall equal the annual rates shown above, payable monthly in arrears computed in the manner as more fully described below.
Monthly Payment of Reinsurance Premium:
Both the Base Reinsurance Premium and the EPRC are payable in arrears after the end of each calendar month. The monthly payment for all benefit types shall be computed by adding the appropriate Base Reinsurance Premium annual rate to the EPRC annual rate, then dividing the total by twelve and multiplying the result times the end of the month Guaranteed Benefit Amount, the Current Income Base or the Variable Account Value, as applicable.