GUARANTEED MINIMUM DEATH BENEFIT
REINSURANCE AGREEMENT
CEDING COMPANY: THE TRAVELERS INSURANCE COMPANY
and
THE TRAVELERS LIFE AND ANNUITY COMPANY
(hereinafter referred to as the Ceding Company)
REINSURER: CONTINENTAL ASSURANCE COMPANY OF CHICAGO, ILLINOIS
(hereinafter referred to as Continental)
EFFECTIVE DATE: January 1, 2000
Commencing on the effective date, the Ceding Company will submit and Continental
agrees to accept, the Ceding Company's Guaranteed Minimum Death Benefit (GMDB)
risks as defined in Schedule B, the Accepted Coverage Schedule, subject to the
provisions of this agreement.
TABLE OF CONTENTS
ARTICLES TITLE PAGE
I Automatic reinsurance 3
II Liability of Continental 4
III Reinsurance premiums and reporting 5
IV Errors and omissions 6
V Forms 7
VI Claims 7
VII Recapture 9
VIII Inspection of records 9
IX Confidentiality 9
X Insolvency 11
XI Regulatory Compliance 11
XII Termination charge 12
XIII Parties to the Agreement 12
XIV Duration of agreement 12
XV Arbitration 14
XVI Currency 14
XVII Choice of law and forum 15
XVIII Dac tax 15
XIX Premium Tax 16
XX Notices 16
XXI Entire contract 17
SCHEDULES
A Automatic Acceptance Limits 19
B Accepted Coverages 20
C Premium Rates 21
D Reporting Format 22
E Eligible Portfolios 23
F Citigroup's Global Privacy Promise 24
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ARTICLE I
AUTOMATIC REINSURANCE
1. Beginning with the effective date of this agreement the Ceding Company
will cede and Continental will accept, subject to the limits and
conditions set forth in this Agreement and the Schedules attached thereto,
reinsurance of the GMDB attached to the Variable Annuity Contracts issued
by the Ceding Company on the contract forms listed in Schedule B. The GMDB
reinsurance benefit is as described in the rider shown in Schedule A.
2. This agreement covers only the Ceding Companies liability on claims under
Variable Annuity Contract forms that Continental has reviewed prior to
issuance. Approved GMDB forms, Variable Annuity Contracts and Annuity
Contract Forms are listed on Schedule B.
3. If the Ceding Company intends to cede to Continental liability with
respect to a new annuity contract form, or a revised version of an annuity
contract where the revision affects GMDB, it must provide Continental
written notice of such intention together with a copy of the proposed
annuity contract or revision. Continental must approve all such
additions/revisions in writing. Continental will respond to the Ceding
Company within thirty (30) days after receipt of the additions/revisions.
4. The Ceding Company will not change its existing published limits and rules
relating to GMDB as stated in it's prospectus in effect as of January 1,
2000. Continental shall have no liability pursuant to revised limits and
rules unless the Ceding Company provides written notice to Continental of
such changes and Continental provides written notice to the Ceding Company
that such revised limits and rules are acceptable. Continental will
respond to the Ceding Company within thirty (30) days after receipt of the
additions/revisions.
5. The Ceding Company may amend, substitute, add, delete investment funds to
or from the annuity contract as described in the general provisions of the
annuity contract. No such change will be made by the Ceding Company
without prior written notification to Continental and without obtaining
prior approval of the Securities Exchange Commission (in the event such
approval is required under applicable law).
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ARTICLE II
LIABILITY OF CONTINENTAL
1. Continental's liability for reinsurance under this Agreement shall be
coincident with that of the Ceding Company in every case, and will be
subject in all respects to the general stipulations, terms, clauses,
conditions, waivers and modifications of the Variable Annuity Contracts.
2. In no event shall Continental have any reinsurance liability unless the
Variable Annuity Contract issued by the Ceding Company is inforce and
the underwriting and issuance of coverage by the Ceding Company
constituted the doing of business in a jurisdiction in which the Ceding
Company was properly licensed to do business at the time the contract was
issued.
3. The limit on the amount of reinsurance liability to be assumed by
Continental is $660,000,000 of total deposits for all contracts with
contract dates between January 1, 2000 and September 30, 2000 inclusive.
The Ceding Company will use this capacity by ceding to Continental on a
one hundred percent (100%) quota share basis of the covered contracts
until the exhaustion of the capacity (subject to the maximum reinsurance
limit on the life of each annuitant set forth in Article II-4 hereof). The
$660,000,000 limit will be evaluated each month by summing total deposits
for each contract included in the monthly report described in Schedule D.
For any month where the sum of total deposits exceeds $660,000,000, the
premium paid for that month and any claim reimbursement for that month
will be reduced by the ratio of the total deposits in excess of
$660,000,000 to the total deposits.
4. Continental's share of the maximum purchase amount issued on the life of
each annuitant shall not exceed $3,000,000 without prior notification and
acceptance. The maximum purchase amount is the sum of all premium
contributions less withdrawals in the Contract. For purchase amounts in
excess of the maximum, where Continental has not agreed to accept the
entire amount, Continental's death benefit liability will be reduced by
the ratio of purchase amounts in excess of the maximum to the total
purchase amounts provided that the Ceding Company may elect to retain the
entire amount of the death benefit liability with respect to any annuitant
where the purchase price exceeds the $3,000,000 limit and Continental has
not agreed to accept the entire amount.
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ARTICLE III
REINSURANCE PREMIUMS AND REPORTING
1. REINSURANCE PREMIUMS
Reinsurance premiums will be paid monthly in arrears. Such premiums will
be determined by the application of the rates set forth in Schedule C to
the amount of account value provided for each annuity insured by the
Ceding Company as calculated based on the criteria defined in Schedule C.
2. REINSURANCE REPORTING
A. Within 30 days from the close of the calendar month, the Ceding
Company will forward to Continental a statement or electronic medium
reflecting the premiums due including any adjustments from the prior
month. The Ceding Company will also remit a check for the balance
due or will submit a request for payment for any net amount due from
Continental. No interest is payable on amounts paid within thirty
(30) days from the reporting date.
B. If the amounts described in this Article cannot be determined by
said due dates on an exact basis, such payments will be made with a
generally agreed upon formula which will approximate the actual
payments. Adjustments will then be made to reflect actual amounts
when they become available.
3. UNPAID PREMIUMS
A. If any reinsurance premium is not paid within the sixty (60) days of
the due date, Continental may terminate the reinsurance on unpaid
policies by giving the Ceding Company written notice of it's non
payment, which notice shall give the Ceding Company a minimum of ten
(10) days from its receipt of such written notice to make payment
and prevent the termination of the reinsurance. The Ceding Company
will be liable for the payment of reinsurance premiums to the
effective date of termination. Failure by Continental to exercise
its right under this paragraph in any specific situation will not be
a waiver of Continental's right to do so at a later date.
B. Continental will reinstate the reinsurance at any time within sixty
(60) days following such termination if the Ceding Company makes
payment, with interest, of all reinsurance premiums due and payable
up to the date of reinstatement and provides full disclosure of all
claims for which it has received notice between dates of termination
and reinstatement. Continental will refund with interest any
termination charge that was assessed against the due and unpaid
policies at the time of reinstatement. Continental will be liable
for reinsurance on only those claims incurred by the Ceding Company
between the dates of termination and reinstatement if the Ceding
Company disclosed at the time it requested reinstatement of such
policies all claims for which it has received notice. All such
claims will be subject to the claims provisions specified in Article
VI.
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ARTICLE III
REINSURANCE PREMIUMS AND REPORTING
(CONTINUED)
C. Balances remaining unpaid by either party for more than (30) days
from the due date will incur interest retroactive from the due date
of the balance to the date of actual payment. Interest amounts will
be calculated using the 7-year Constant Maturity Treasury rate
reported for the last working day of that calendar month in the
Federal Reserve H15 Report.
4. OFFSET
Continental and the Ceding Company may exercise at any time the right to
offset any undisputed debits or credits, liquidated or unliquidated,
whether on account of premiums or on account of losses or otherwise, due
from either party to the other under this agreement. This right of offset
shall not be affected or diminished because of insolvency of either party
to this Agreement.
5. QUARTERLY RESERVE AND VALUATION INFORMATION
The reserve held by Continental for reinsurance of the variable annuity
death benefit will be determined in accordance with the NAIC Actuarial
Guideline XXXIV, but in no event less than the required statutory reserve
in the state of domicile of the Ceding Company or such other state in
which it conducts business.
6. SELF ADMINISTERED REPORTING REQUIREMENTS
The Ceding Company will not change its existing self administered
reporting practices in effect on or after the effective date, unless the
Ceding Company notifies Continental in writing and Continental approves of
such changes. Continental reserves the right to terminate all reinsurance,
both inforce and new business, if the reporting practices of the Ceding
Company deteriorate to the point that Continental cannot properly
administer the risks reinsured under this agreement, provided that
Continental has given the Ceding Company written notice of the
inadequacies of the reporting practices and ninety (90) days to cure the
reporting inadequacies.
ARTICLE IV
ERRORS AND OMISSIONS
This Agreement will not be abrogated by the failure of either the Ceding Company
or Continental to comply with any of the terms of this Agreement if it is shown
that said failure was unintentional and the result of a misunderstanding,
oversight or clerical error on the part of either the Ceding Company or
Continental. Both parties will be returned to the position they would have
occupied had no such oversight, misunderstanding or clerical error occurred.
This provision will cease five years after the termination of the last contract
known to be reinsured under this agreement.
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ARTICLE V
FORMS
The Ceding Company will furnish Continental with any specimen copies of its
applications, forms, and any tables of rates and values which may be required
for the proper administration of the business reinsured under this agreement,
and will keep Continental informed with proper documentation as to any
modifications or new forms which would be required for the proper administration
of reinsurance under this agreement.
ARTICLE VI
CLAIMS
1. The Ceding Company is solely responsible for payment of its claims under
the underlying Annuity Contracts identified in Schedule B.
2. The Ceding Company will determine the Guaranteed Minimum Death Benefit for
each deceased annuitant and/or owner.
3. Claims are self administered.
4. The amount payable or paid on such claim, will be furnished to Continental
when the claim payment is reported to Continental.
5. Continental will be liable to the Ceding Company for the benefits
reinsured hereunder to the same extent as the Ceding Company is liable to
the policyowner for such benefits, and all reinsurance will be subject to
the terms and conditions of the contract under which the Ceding Company
will be liable.
6. Continental will pay its share in a lump sum to the Ceding Company without
regard to the form of claim settlement of the Ceding Company.
7. Continental agrees to pay to the Ceding Company a proportionate share of
any interest paid out to the claimant by the Ceding Company. Continental's
liability to pay interest will be discharged on the date that Continental
issues payment to the Ceding Company.
8. Continental reserves the right to offset any claim payments in accordance
with Article III-4.
9. Claims remaining unpaid by Continental for more then 30 days after the
receipt of final papers will incur interest calculated from that date
using the 7 year Constant Maturity Treasury Rate reported for the last
working date of that month in the Federal Reserve H15 Report.
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ARTICLE VI
CLAIMS
(CONTINUED)
10. The Ceding Company will promptly notify Continental of its intention to
contest benefits reinsured under this agreement or to assert defenses to a
claim for such benefits. If Continental agrees to participate in the
contest or assertion of defenses and the Ceding Company's contest of such
benefits results in the reduction of its liability, Continental will share
in such reduction in proportion to Continental's liability. If Continental
declines to participate in the contest or assertion of defenses,
Continental will discharge all of its liability by payment of the full
amount of the reinsurance to the Ceding Company determined as if the
Ceding Company had paid the original claim for such benefits.
11. If Continental has agreed to participate in the contest or assertion of
defense, Continental will pay its share of the unusual expenses of the
contest in addition to its share of the claim itself. Routine expenses
incurred in the normal settlement of uncontested claims, including
interpleader cases, and the salary of an officer or employee of the Ceding
Company, are excluded from this provision.
12. If Continental participates in the contest, in no event will Continental
participate in punitive or compensatory damages which are awarded against
the Ceding Company as a result of an act, omission or course of conduct
committed solely by the Ceding Company in connection with the benefits
reinsured under this Agreement. Continental will, however, pay its share
of statutory penalties awarded against the Ceding Company in connection
with benefits reinsured under this Agreement if Continental elected to
join in the contest of the coverage in question. The parties recognize
that circumstances may arise in which equity would require Continental, to
the extent permitted by law, to share proportionately in certain assessed
damages. Such circumstances are difficult to define in advance, but
generally would be those situations in which Continental was an active
party and directed, consented to, or ratified the act, omission, or course
of conduct of the Ceding Company which ultimately results in the
assessment of punitive and/or compensatory damages. In such situations,
the Ceding Company and Continental would share such damages so assessed in
equitable proportions. Routine expenses incurred in the normal settlement
of uncontested claims, in the submission of interpleaders and the salary
of an officer or employee of the Ceding Company are excluded from this
provision.
13. For purposes of this provision, the following definitions will apply:
14. "Punitive Damages" are those damages awarded as a penalty, the amount of
which is not governed nor fixed by statute;
15. "Statutory Penalties" are those amounts which are awarded as a penalty,
but fixed in amount by statute;
16. "Compensatory Damages" are those amounts awarded to compensate for the
actual damages sustained, and are not awarded as penalty, nor fixed in
amount by statute.
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ARTICLE VII
RECAPTURE PRIVILEGE
Recapture is not available except to the extent specifically provided herein.
ARTICLE VIII
INSPECTION OF RECORDS
Continental will have the right, at any reasonable time, to inspect, at the
office of the Ceding Company, all books, records and documents relating to the
reinsurance under this Agreement.
ARTICLE IX
CONFIDENTIALITY
1. Privacy.
Continental agrees to treat Customer Information provided by the Ceding Company
as confidential, as prescribed under Federal and State laws and regulations
related to privacy. Customer Information includes, but is not limited to,
medical, financial, and other personal information about proposed, current, and
former policyowners, insureds, applicants, and beneficiaries of policies issued
by the Ceding Company. Continental may disclose such information to its
retrocessionaires as necessary to perform its internal risk-management functions
and to comply with retrocessionaire requirements. Continental may also disclose
such information to its external auditors as necessary to comply with audit
requirements. Continental will take reasonable steps to assure such outside
parties maintain the confidentiality of Customer Information.
Continental will furnish to the Ceding Company a copy of Continental's privacy
policy upon request.
2. Proprietary Information.
a) The Ceding Company and Continental acknowledge that compliance with
the terms of this agreement requires that they exchange Proprietary
Information with each other.
b) Proprietary Information includes, but is not limited to, business
plans, trade secrets, experience studies, underwriting manuals,
guidelines and decisions, applications, policy forms, quote terms,
actuarial data and assumptions, valuations, financial condition, and
the specific terms and conditions of this agreement.
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ARTICLE IX
CONFIDENTIALITY
(CONTINUED)
c) Proprietary Information will not include information that:
i. is or becomes available to the general public other than
as a result of disclosure by the party receiving the
information (hereinafter the "Recipient");
ii. is developed independently by the Recipient;
iii. is acquired by the Recipient from a third party that is
not known by the Recipient to be bound to keep the
information confidential; or
iv. was already within the possession of the Recipient, and
not subject to a confidentiality agreement, prior to
being furnished by the other party.
3. Continental and the Ceding Company shall hold all Proprietary Information
received from the Ceding Company in confidence and will not disclose such
information except to their own directors, officers, employees,
affiliates, and advisors (collectively the "Representatives") who need to
know such information in connection with the proper execution of this
agreement. Continental and the Ceding Company shall inform all
Representatives of the confidentiality of the Proprietary Information and
will direct such Representatives to treat the information accordingly.
4. Continental may disclose Proprietary Information to its retrocessionaires
or MIB as necessary to perform its internal risk-management functions and
to comply with retrocessionaire requirements. The Ceding Company or
Continental may disclose Proprietary Information to its external auditors
as necessary to comply with audit requirements. The parties will take
reasonable steps to assure such outside parties maintain the
confidentiality of such Proprietary Information.
5. Either party may disclose Proprietary Information when legally compelled
to do so. In such event, the party so compelled will provide the other
party with prompt notice prior to disclosure so that the other party may
seek an appropriate remedy.
6. Continental agrees to comply with Citigroup's Global Privacy Promise as
attached hereto in Schedule F and made a part hereof.
7. The provisions of this Article survive for two years beyond the
termination of the last in force policy reinsured under this Agreement.
Continental will always comply with the law.
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ARTICLE X
INSOLVENCY
1. In the event of insolvency of either the Ceding Company or Continental,
any debits or credits due the other party, whether matured or unmatured,
under this agreement or any other agreement, which exists on the date of
the entry of a receivership or liquidation order, shall be deemed mutual
debits or credits as the case may be and shall be off set and only the
balance shall be allowed or paid.
2. In the event of insolvency of the Ceding Company, Continental's liability
for claims will continue to be in accordance with the terms of the
agreement. Payment of reinsurance claims less any reinsurance premiums due
Continental will be made directly to the liquidator, receiver or statutory
successor of the Ceding Company without diminution because of the
insolvency of the Ceding Company.
3. In the event of insolvency of the Ceding Company, the liquidator, receiver
or statutory successor will give Continental written notice of any pending
claim and Continental may, at its own expense, investigate the claim and
interpose any defense which it deems appropriate to the Ceding Company or
its liquidator, receiver or statutory successor. If the Ceding Company
benefits from the defense by Continental, an equitable share of the
expenses incurred by Continental will be chargeable to the Ceding Company
as part of the expense of liquidation.
4. Continental's liability will not increase as a result of the insolvency of
the Ceding Company.
5. In the event of the insolvency of Continental, the liability of
Continental shall not terminate (unless the Ceding Company so terminates
this Agreement pursuant to its rights under Article X-6 or Article XIV
herein) but shall continue with respect to the reinsurance ceded to
Continental by the Ceding Company prior to the date of such insolvency,
and the Ceding Company shall have a security interest in any and all sums
held by or under deposit in the name of Continental.
6. If the event in the paragraph above occurs, Continental shall have the
right within the sixty (60) day to transfer all new and existing
reinsurance ceded and all rights and obligations under this Agreement to
another reinsurer, subject to approval of the reinsurer by the Ceding
Company, and upon terms and conditions acceptable to the Ceding Company;
provided that the Ceding Company may recapture any new or existing
reinsurance ceded (and/or to reinsure such business with another
reinsurer) by providing Continental with prior written notice of its
intent to recapture such new or existing reinsurance ceded or to reinsure
such reinsurance with another reinsurer.
ARTICLE XI
REGULATORY COMPLIANCE
Continental agrees to maintain licenses, provide any required security and to
comply with other regulations to the extent necessary for the Ceding Company to
receive statutory reserve credit in all jurisdictions in which the Ceding
Company is licensed as of the Effective Date of this Agreement.
11
ARTICLE XII
TERMINATION CHARGE
If Continental exercises its rights to terminate all new and existing inforce
reinsurance on unpaid policies as stipulated in Article III-3, an appropriate
charge will be determined by, and paid to, Continental. Such termination charge
will be equal to the costs involved (including legal fees) necessary to recover
the unpaid premiums. The unpaid premiums will be measured from the due date to
the date of termination and the costs to recover the unpaid premiums will be
measured from the date of termination.
ARTICLE XIII
PARTIES TO THE AGREEMENT
This is an Agreement for indemnity reinsurance solely between the Ceding Company
and Continental. The acceptance of reinsurance hereunder will not create any
right or legal relation whatsoever between Continental and any annuitant,
policyowner or any beneficiary under any contracts of the Ceding Company which
may be reinsured hereunder.
ARTICLE XIV
DURATION OF AGREEMENT
1. This Agreement will be effective on and after the Effective Date stated on
the cover page. Other than for nonpayment of reinsurance premiums, failure
to comply with reporting requirements and/or as provided below, the
Agreement is unlimited in duration but may be amended by mutual consent of
the Ceding Company and Continental.
2. This Agreement may be terminated as to new reinsurance by either party's
giving ninety (90) days written notice to the other, effective one year
after date of this agreement.
3. Notwithstanding anything to the contrary contained herein, the Ceding
Company shall have the option of terminating this Agreement for new and/or
existing business upon delivery of thirty (30) calendar days written
notice to Continental, after the occurrence of any of the following
events.
A. In the event Continental is rated below the minimum acceptable
rating by two or more of the following rating agencies, all
new and existing reinsurance ceded under this Agreement may be
terminated and recaptured by the Ceding Company or transferred
by Continental to another reinsurer as specified below. If the
rating agency materially changes its method of calculating its
rating, the minimum acceptable rating set forth below shall be
revised to the nearest new method equivalent rating.
Rating Agency Minimum Acceptable Rating
------------------------ -------------------------------
1. A.M. Best B- (general corporate rating)
2. Standard & Poor's BBB- (claim paying ability)
3. Duff and Xxxxxx BBB- (claim paying ability)
4. Xxxxx 's Baa3 (claim paying ability)
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ARTICLE XIV
DURATION OF AGREEMENT
(CONTINUED)
B. Continental's domicilary state's insurance regulators take any
regulatory action potentially adversely affecting its license
to conduct business, including without limitation, placement
on a "watch list".
C. An order appointing a receiver, conservator or trustee for
management of Continental is entered or a proceeding is
commenced for rehabilitation, liquidation, supervision or
conservation of Continental.
D. The statutory capital and surplus of Continental falls below
the NAIC Authorized Control Level Risk Based Capital.
E. The Ceding Company loses reserve credit in a jurisdiction in
which it was licensed on the Effective Date of this Agreement
and the Ceding Company and Continental have not been able to
correct the loss of reserve credit within ninety (90) days
after receiving notice of the loss.
4. If this Agreement is terminated for new and existing business, Continental
shall be relieved of all liability to the Ceding Company for claims
incurred following the termination date of this Agreement under such
underlying variable annuity contracts issued by the Ceding Company.
5. If this Agreement is terminated for new business only, Continental will
remain liable after termination, in accordance with the terms and
conditions of this Agreement, with respect to all reinsurance effective
prior to termination of this Agreement for new business.
6. Neither party shall have the right to assign or transfer any portion of
the rights, duties and obligations of the other party under the terms and
conditions of this Agreement without the prior written approval of the
other party, subject to the terms of Article X-6.
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ARTICLE XV
ARBITRATION
1. It is the intention of Continental and the Ceding Company that the customs
and practices of the insurance and reinsurance industry will be given full
effect in the operation and interpretation of this Agreement. The parties
agree to act in all things with the highest good faith. If Continental or
the Ceding Company cannot mutually resolve a dispute which arises out of
or relates to this Agreement, however, the dispute will be decided through
arbitration.
2. Disagreements between Continental and the Ceding Company will be submitted
to three arbitrators who must be current or former officers of other life
insurance companies or life reinsurance companies. Within sixty (60) days
of the date of notice of the intent to submit the dispute to arbitration,
Continental and the Ceding Company will each appoint one arbitrator and
the third will be selected by these two arbitrators. If agreement cannot
be reached on the selection of the third arbitrator, each arbitrator will
nominate three (3) candidates within ten (10) days thereafter, two of whom
the other will decline, and the decision will be made by drawing lots.
3. The arbitrators will base their decision on the terms and conditions of
this Agreement plus, as necessary, on the customs and practices of the
insurance and reinsurance industry rather than solely on a strict
interpretation of the applicable law. There will be no appeal from their
decision, and any court having jurisdiction of the subject matter and the
parties may reduce that decision to judgment.
4. The arbitration hearing will be held on the date fixed by the arbitrators.
In no event will this date be later than six (6) months after the
appointment of the third arbitrator. As soon as possible, the arbitrators
will establish prearbitration procedures as warranted by the facts and
issues of the particular case. At least ten (10) days prior to the
arbitration hearings, each party will provide the other party and the
arbitrators with a detailed statement of the facts and arguments it will
present at the arbitration hearing. The arbitrators may consider any
relevant evidence; they will give the evidence such weight as they deem it
entitled to after consideration of any objections raised concerning it.
The party initiating the arbitration will have the burden of proving its
case by a preponderance of the evidence. Each party may examine any
witnesses who testify at the arbitration hearing. Within twenty (20) days
after the end of the arbitration hearing, the arbitrators will issue a
written decision. In their decision, the arbitrators will apportion the
costs of arbitration, which will include but not be limited to their own
fees and expenses, as they deem appropriate. Should the arbitrators fail
to do so, each party shall bear the expense of its own arbitration and
outside attorney fees and shall jointly and equally bear with the other
party the expense of the third arbitrator. Any remaining costs of the
arbitration shall be apportioned by the arbitrators.
ARTICLE XVI
CURRENCY
All currency will be payable in United States dollars.
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ARTICLE XVII
CHOICE OF LAW AND FORUM
Illinois law will govern the terms and conditions of the Agreement. In the case
of an arbitration, the arbitration hearing will take place in Chicago, Illinois,
and the Uniform Arbitration Act will control except as provided in Article XIII.
ARTICLE XVIII
DAC TAX ELECTION STATEMENT
1. The Ceding Company and Continental hereby agree to the following pursuant
to Section 1.848-2(g)(8) of the Income Tax Regulation issued December
1992, under Section 848 of the Internal Revenue Code of 1986, as amended.
This election will be effective January 1, 2000 and all subsequent taxable
years for which this agreement remains in effect.
2. The term "party" will refer to either the Ceding Company or Continental as
appropriate.
3. The terms used in this article are defined by reference to Regulation
1.848-2 in effect December 1992.
4. The party with net positive consideration for this agreement for each
taxable year will capitalize specified IRS policy acquisition expenses
with respect to this agreement without regard to the general deductions
limitation of Section 848(c)(l).
5. Both parties agree to exchange information pertaining to the amount of net
consideration under this agreement each year to ensure consistency or is
otherwise required by the Internal Revenue Service.
6. Continental will submit a schedule to the Ceding Company by February 1, of
each year of its calculation of the net consideration for the preceding
calendar year. This schedule will be accompanied by a statement stating
that Continental will report such net consideration in its tax return for
the preceding calendar year.
7. The Ceding Company may contest such calculation by providing an
alternative calculation to Continental within 30 days of the Ceding
Company's receipt of Continental's calculation. If the Ceding Company does
not so notify Continental, Continental will report the net consideration
as determined by Continental in Continental's tax return for the preceding
calendar year.
8. If the Ceding Company contests Continental's calculation of the net
consideration, the parties will act in good faith to reach an agreement as
to the correct amount within 30 days of the date the Ceding Company
submits its alternative calculation. If the Ceding Company and Continental
reach agreement on an amount of the net consideration, each party will
report such amount in their respective tax returns for the previous
calendar year.
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ARTICLE XIX
PREMIUM TAX
Continental will not be responsible for any taxes incurred now or in the future,
directly or indirectly, by the ceding company or its affiliated companies on the
underlying variable annuity contracts.
ARTICLE XX
NOTICES
All notices required to be given hereunder shall be in writing and shall be
deemed delivered if personally delivered, sent via facsimile, sent via
electronic mail, or dispatched by certified or registered mail, return receipt
requested, postage prepaid, addressed to the parties as follows:
TRAVELERS: Xx. Xxxxxxx Xxxxxxxxx
Director
Travelers Life and Annuity
(Regular Mail)
XX Xxx 000000
Xxxxxxxx, XX 00000-0000
(Fed Ex, UPS etc.)
Xxx Xxxxxxxxx
Xxxxxxxx, XX 00000-0000
Telephone: (000) 000-0000
Fax: (000)000-0000
CONTINENTAL: Xx. Xxxxxxx X. Xxxx
President, CNA Life Reinsurance
CNA Insurance Companies
XXX Xxxxx, 00X
Xxxxxxx, XX 00000
Telephone (000)000-0000
Fax: (000)000-0000
Notice shall be deemed given on the date it is received in the mail, received by
electronic mail, or sent by facsimile in accordance with the foregoing. Any
party may change the address to which to send notices by notifying the other
party of such change of address in writing in accordance with the foregoing.
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ARTICLE XXI
ENTIRE CONTRACT
This agreement will constitute the entire agreement between the parties with
respect to the business being reinsured thereunder and that there are no
understandings between the parties other than in the agreement.
Any changes or modifications to the agreement will be null and void unless made
by amendment to the agreement and signed by both parties.
CONTINENTAL ASSURANCE COMPANY OF CHICAGO, ILLINOIS
By: /s/ Xxxxxxx X. Xxxx Attest: [ILLEGIBLE]
--------------- -----------
Date of Signatures: 26 Nov 2003
THE TRAVELERS INSURANCE COMPANY
By: [ILLEGIBLE] Attest: [ILLEGIBLE]
----------- -----------
Title: 2nd VP & Actuary Title: Counsel
Date of Signatures : 11/12//03
THE TRAVELERS LIFE AND ANNUITY COMPANY
By: [ILLEGIBLE] Attest: [ILLEGIBLE]
----------- ----------
Title: 2nd VP & Actuary Title: Counsel
Date of Signatures: 11/12/03
17
SCHEDULES
SCHEDULE A AUTOMATIC ACCEPTANCE LIMITS
SCHEDULE B ACCEPTED COVERAGES
SCHEDULE C PREMIUM RATES
SCHEDULE D REPORTING FORMAT
SCHEDULE E SUB-ACCOUNTS
SCHEDULE F CITIGROUP'S PRIVACY PROMISE
18
SCHEDULE A
AUTOMATIC ACCEPTANCE LIMITS
GUARANTEED MINIMUM DEATH BENEFITS (GMDB)
The GMDB reinsured hereunder are provided on all new Universal Annuity contracts
with contract dates between January 1, 2000 and September 30, 2000, inclusive.
Contracts issued on or after October 1, 2000 will not be covered under this
Agreement.
Reinsurance coverage of claims under the terms of this agreement will be the
greater of zero and the GMDB amount less the cash surrender value of the
contract as of the date that proof of death is received by the Ceding Company.
The cash surrender value equals the account value less all surrender charges
applicable as of the date proof of death is received by the Ceding Company.
The GMDB reinsured under the terms of this Agreement is described in the forms
attached to this schedule.
19
SCHEDULE B
ACCEPTED COVERAGE SCHEDULE
New business written on Travelers Universal Annuity as governed by the
prospectus dated May 1, 1999.
The following policy forms are included in this agreement:
LVA - FPG(u) (ET AL.) (GROUP) WITH DEATH BENEFIT ENDORSEMENT L - 12862
LVA - FPU-A (ET AL.) (INDIVIDUAL) WITH DEATH BENEFIT ENDORSEMENT L - 12861
20
SCHEDULE C
PREMIUM RATE SCHEDULE
The Adjusted Aggregate Account Value is the sum of the Account Values in all of
the Ceding Companies Universal Annuities subject to this Agreement minus the
portion of the Account Value of individual contracts that is attributable to
amounts in excess of the maximum purchase amount (as described in Article II-4)
which have not been accepted by Continental. For individual contracts, the
portion of the Account Value that is attributable to amounts not accepted by
Continental will be determined by multiplying the total Account Value by the
ratio of total purchase amount not accepted by Continental to the total purchase
amount.
The premium is a flat annual rate of 6.0 basis point charge applied to the
Adjusted Aggregate Account Value. This premium will be charged at the monthly
rate of .50 basis points times the average monthly Adjusted Aggregate Account
Value. The Average Monthly Adjusted Aggregate Account Value is defined as the
beginning of the month Adjusted Aggregate Account Value plus end of the month
Adjusted Aggregate Account Value, divided by two. If the sum of total deposits
for all reinsured contracts exceeds $660,000,000, the premium will be adjusted
as described in Article II-3.
Continental reserves the right, subject to a 90 day written notice, to change
the premium rate for both inforce and new business on any reinsurance
anniversary date. For inforce business the rate will not be increased above 1.5
times the initial rate.
21
SCHEDULE D
MONTHLY REPORTING FORMAT
Within 30 days after the end of each calendar month, the Ceding Company will
furnish Continental an electronic and summarized paper report for the
reinsurance account, valued as of the last day of that month. The report will
indicate for all inforce annuitants the following information:
Field # Field Name Description
1 CO Direct Writing Company (TIC or TLAC)
2 Name Insured Name
3 Sex Insured Sex
4 DOB Date of Birth
5 SSN Social Security Number
6 Acct. Number Account Number for Contract
7 Effective Date Effective Date of Contract
8 Contract Value Account Value (Fund Level)
9 Cash Surrender Value Cash Surrender Value (Contract Level)
10 PAC Premium Available for Surrender Charge (Contract Level)
11 GMDB Guaranteed Minimum Death Benefit (Contract Level)
12 NAR Net Amount at Risk (Contract Level)
13 SCNAR Surrender Charge Net Amount at Risk (Contract Level)
14 PEC Premium Exempt from Surrender Charge (Contract Level)
15 Total Deposits Total Deposits (Fund Level)
16 Total Surrenders Total Surrenders (Fund Level)
17 Age Issue Age of Insured
18 M&E Mortality and Expense Charge
19 FUND Fund Code / Accumulator Code / Service Code
20 MKTPGM Tax Status (Qualified or NonQualified)
22
SCHEDULE E
ELIGIBLE PROTFOLIOS FOR ACCOUNT VALUES
MANAGED SEPARATE ACCOUNTS
-------------------------
Travelers Growth and Income Stock Account Travelers Timed Aggressive Stock Account
Travelers Money Market Account Travelers Timed Growth and Income Stock Account
Travelers Quality bond Account Travelers Timed Short-Term Bond Account
TRAVELERS FUND U FOR VARIABLE ANNUITIES
---------------------------------------
Capital Appreciation Fund FIDELITY'S VARIABLE INSURANCE PRODUCTS FUND II
Dreyfus Stock Index Fund VIP II Asset Manager Portfolio
High Yield bond Trust XXXXXXXXX VARIABLE PRODUCTS SERIES FUND
Managed Assets Trust Xxxxxxxxx Asset Alloc. Fund (class I)
AMERICAN ODYSSEY FUNDS INC Xxxxxxxxx Bond Fund (class I)
Core Equity Fund Xxxxxxxxx Stock Fund (class I)
Emerging Opportunities Fund TRAVELERS SERIES FUND, INC.
Global High Yield Bond Fund Alliance Growth Portfolio
Intermediate Term Bond Fund MFS Total Return Portfolio
International Equity Fund Xxxxxx Diversified Income Portfolio
Long Term Bond Fund Xxxxx Xxxxxx High Income Portfolio
DREYFUS VARIABLE INVESTMENT FUND Xxxxx Xxxxxx International Equity Portfolio
Small Cap Portfolio Xxxxx Xxxxxx Large Cap Value Portfolio
FIDELITY'S VARIABLE INSURANCE PRODUCTS FUND TRAVELERS SERIES TRUST
VIP Equity Income Portfolio Disciplined Mid Cap Stock Portfolio
VIP Growth Portfolio Social Awareness Stock Portfolio
VIP High Income Portfolio U. S. Government Securities Portfolio
Utilities Portfolio
23
SCHEDULE F
CITIGROUP'S GLOBAL PRIVACY PROMISE
While information is the cornerstone of our ability to provide superior service,
our most important asset is our customer's trust. Keeping customer information
secure, and using it only as our customers would want us to, is a top priority
for all of us at Citigroup. Here then, is our promise to our individual
customers, which we will implement:
1. We will safeguard, according to strict standards of security and
confidentiality, any information our customers share with us.
2. We will limit the collection and use of customer information to the
minimum we require to deliver superior service to our customers,
which include advising our customers about our products, services
and other opportunities, and to administer our business.
3. We will permit only authorized employees, who are trained in the
proper handling of customer information, to have access to that
information. Employees who violate our Privacy Promise will be
subject to our normal disciplinary process.
4. We will not reveal customer information to any external organization
unless we have previously informed the customer in disclosures or
agreements, have been authorized by the customer, or are required by
law.
5. We will always maintain control over the confidentiality of our
customer information. We may, however, facilitate relevant offers
from reputable companies. These companies are not permitted to
retain any customer information unless the customer has specifically
expressed interest in their products or services.
6. We will tell customers in plan language initially, and at lest once
annually, how they may remove their names from marketing lists. At
any time, customers can contact us to remove their names from such
lists.
7. Whenever we hire other organizations to provide support services, we
will require them to conform to our privacy standards and allow us
to audit them for compliance.
8. For purposes of credit reporting, verification and risk management,
we will exchange information about our customers with reputable
reference sources and clearinghouse services.
9. We will not use or share - internally or externally - personally
identifiable medical information for any purpose other than the
underwriting or administration of a customer's policy, claim or
account, or as disclosed to the customer when the information is
collected, or to which the customer consents.
10. We will attempt to keep customer files complete, up-to-date, and
accurate. We will tell our customers how and where to conveniently
access their account information (except when we're prohibited by
law) and how to notify us about errors which we will promptly
correct.
We will continuously assess ourselves to ensure that customer privacy is
respected. We will conduct our business in a manner that fulfills our Promise in
the many nations in which we do business.
24
ENDORSEMENT
This endorsement is made a part of this contract at its Date of Issue.
The "Benefits" provision is amended by deleting the provision and replacing it
with the following:
If the Annuitant is living on the Maturity Date of the basic contract which is
shown in the CONTRACT SUMMARY We will pay to you the first of a series of
Annuity payments. You as provided in this contract, may instead elect:
1. another form of Annuity or Income,
2. an earlier date for the start of an Annuity or Income,
or both.
The dollar amounts of Annuity or Income payments will be determined as described
in
1. the ANNUITY PROVISIONS; or
2. the INCOME PROVISIONS.
If the Annuitant dies before age 75 and before Annuity or Income Payments begin,
we will, after receipt of due proof of the Annuitants death, pay the beneficiary
the greater of 1), 2), or 3) below, less any applicable premium tax, or
outstanding loans as of the date of receipt of due proof of death;
1. the Cash Value of the basic contract;
2. the gross premium paid under the basic contract less any
surrenders not previously deducted; or
3. the Cash Value of the basic contract on the fifth contract year
anniversary immediately preceding the date of receipt of due proof
of the death by us less any surrenders not previously deducted;
If the Annuitant dies on or after age 75 and before Annuity or Income Payments
begin, we will, after receipt of due proof of the Annuitant's death, pay the
beneficiary'
1. the Cash Value of the Basic contract, less any applicable premium
tax, or outstanding loans.
The Cash Value will be determined as of the next valuation following receipt of
due proof of death by us at our office.
THE TRAVELERS INSURANCE COMPANY
L - 12861
ENDORSEMENT
This endorsement is made a part of this contract at its Date of Issue.
The "Benefits" provision is amended by deleting the provision and replacing it
with the following:
If the Participant is living on the Participant's Annuity Commencement Date:
1. we will apply the Participant's Interest to provide an Annuity; and
2.
3. we will pay to you or that Participant, as provided in the Plan, the
first of a series of Annuity payments.,
You or the Participant, as provided in the Plan, may elect:
1. another form of Annuity or Income; or
2. an earlier date for the commencement of an Annuity or an Income, or
both:
as provided in this contract. We will determine the dollar amount of annuity or
Income Payments as described in the Annuity Provision or the Income Provisions.
If:
1. a Participant's Interest is to be applied to effect an Annuity or
Income Option; and
2. that Interest is other than the Cash Value of that Participant's
Individual Accounts;
we must receive your instructions at least 30 days before that Participant's
first Annuity or Income Payment is to be made.
If the Participant dies before age 75 while this contract continues and before
the payment of that Participant's Annuity or Income, we will, after receipt of
due proof of that Participant's death, pay to you or that Participant's
beneficiary as provided in the Plan, the greater of 1), 2), or 3) below, less
any applicable premium tax or outstanding loans as of the date of receipt of due
proof of death:
1. the Cash Value of the Participant's Account;.
2. the gross premium paid under that Participant's Account less any
surrenders not previously deducted; or
3. the Cash Value of that Participant's Account of the fifth year
anniversary of the Effective Date of the certificate immediately
preceding the date of receipt by us of due proof of that
Participant's death less any surrenders not previously deducted.
If the Participant dies on or after age 75 while this contract continues; and
before the payment of that Participant's Annuity or Income, we will, after
receipt of due proof of that Participant's death, pay to you or that
Participant's beneficiary, s provided in the Plan:
1. the Cash Value of the Participant's Account, less any applicable
premium tax, or outstanding loans not previously deducted.
The Cash Value of the Participant's Account will be determined as of the next
valuation following receipt by us at our office of due proof of that
Participant's death.
THE TRAVELERS INSURANCE COMPANY
L - 12862 Tic Ed. 5-94
NOVATION AGREEMENT
This Novation Agreement is made effective as of January 1, 2002 among Munich
American Reassurance Company of Atlanta, Georgia (hereafter referred to as
"MARC"), CITICORP LIFE INSURANCE COMPANY (HEREAFTER REFERRED TO AS THE "CEDING
COMPANY") and Continental Assurance Company of Chicago, Illinois (hereafter
referred to as "Continental").
WHEREAS Continental, as a result of the sale of its Life Reinsurance Strategic
Business Unit, wishes to transfer and assign the reinsurance contracts and
treaties listed in Schedule A attached hereto (collectively, the "Reinsurance
Agreements") as of the Effective Date and all of Continental's rights, duties,
obligations and liabilities under each of the Reinsurance Agreements to MARC in
order that Continental will be relieved of all of its rights, duties,
obligations and liabilities under the Reinsurance Agreements; and
WHEREAS the Ceding Company wishes to consent and agree to such transfer and
assignment.
NOW THEREFORE IN CONSIDERATION of the mutual covenants and agreements
hereinafter set forth, the parties hereto agree as follows:
1. Continental hereby transfers and assigns, as of the Effective Date, each
of the Reinsurance Agreements and all of Continental's rights, duties,
obligations and liabilities thereunder to MARC.
2. MARC hereby accepts such transfer and assignment and agrees with each of
Continental and the Ceding Company that MARC shall be bound by all of the
terms and conditions of the Reinsurance Agreements, shall enjoy all of
Continental's rights under and shall perform all of Continental's duties,
obligations and liabilities under the Reinsurance Agreements to the same
extent as if MARC had been the original party to the Reinsurance
Agreements instead of Continental.
3. The Ceding Company
a) consents to the transfer and assignment of the Reinsurance
Agreements and all of Continental's rights, duties, obligations and
liabilities thereunder from Continental to MARC, agrees that MARC
shall enjoy and shall be entitled to enforce all of Continental's
rights under the Reinsurance Agreements and agrees that all of
Continental's duties, obligations and liabilities under the
Reinsurance Agreements shall be performed by MARC as if MARC had
been the original party to the Reinsurance Agreements instead of
Continental; and
b) releases and forever discharges Continental from the observance and
performance of any of the terms and conditions of the Reinsurance
Agreements and all of Continental's duties, obligations and
liabilities under the Reinsurance Agreements and from all claims,
demands, actions and causes of action which the Ceding Company ever
had, now has or may hereafter have against Continental in any way
arising out of, resulting from or related to the Reinsurance
Agreements or the transfer and assignment referenced herein.
4. MARC and the Ceding Company hereby ratify and confirm the Reinsurance
Agreements as agreements solely between them and agree that the
Reinsurance Agreements shall continue between them unaltered and in full
force and effect in accordance with its terms and conditions.
5. Each party agrees to do all things necessary to give full effect to this
Novation Agreement.
6. This Novation Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
NOVATION AGREEMENT
IN WITNESS WHEREOF THE parties have executed this Novation Agreement as of
JANUARY 1, 2002.
FOR: CONTINENTAL ASSURANCE COMPANY OF CHICAGO, ILLINOIS
By: [ILLEGIBLE] Attest: [ILLEGIBLE]
----------- -----------
Title: SRVP & SR Financial Officer Title: AVP & Asst Secretary
FOR: MUNICH AMERICAN REASSURANCE COMPANY OF ATLANTA, GEORGIA
By: [ILLEGIBLE] Attest: [ILLEGIBLE]
----------- -----------
Title: AVP & Actuary Title: Assistant Secretary
FOR: CITICORP LIFE INSURANCE COMPANY
By: [ILLEGIBLE] Attest: [ILLEGIBLE]
----------- -----------
Title: 2nd VP & Actuary Title: VP & Actuary
AMENDMENT 2
EFFECTIVE MAY 3,2010
TO THE
GUARANTEED MINIMUM DEATH BENEFIT REINSURANCE AGREEMENT
EFFECTIVE JANUARY 1,2000
(THE "AGREEMENT")
BETWEEN
METLIFE INSURANCE COMPANY OF CONNECTICUT
OF HARTFORD, CONNECTICUT
(THE "CEDING COMPANY")
AND
MUNICH AMERICAN REASSURANCE COMPANY
OF ATLANTA, GEORGIA
(THE "REINSURANCE COMPANY")
WHEREAS, Continental Assurance Company novated to Munich American Reassurance
Company on January 1, 2002;
WHEREAS, Travelers Life Insurance Company's name changed to MetLife Insurance
Company of Connecticut on May 1, 2006;
WHEREAS, Travelers Life and Annuity Company's name changed to MetLife Life and
Annuity Company of Connecticut on May 1, 2006;
WHEREAS, MetLife Life and Annuity Company of Connecticut merged into MetLife
Insurance Company of Connecticut on December 7, 2007;
WHEREAS, the Ceding Company and the Reinsurer (collectively, the "Parties")
acknowledge that historically updates or changes to the Eligible Portfolios for
Account Values, as listed in Schedule E, have been effected via notice to the
Reinsurer from the Ceding Company, but have not previously been memorialized in
any formal amendment to the Agreement. Going forward the Parties wish to
document any updates or changes to Schedule E, Eligible Portfolios for Account
Values, by amendment;
NOW THEREFORE, effective May 3, 2010, Schedule E is hereby replaced in its
entirety by the attached Schedule E to reflect the most current Eligible
Portfolios for Account Values.
All terms, provisions, and conditions of this Agreement will continue unchanged
except as specifically revised in this Amendment.
Munich Re Treaty No. 2515
Amendment No. 4
Page 1 of 5
In witness of the above, the Ceding Company and the Reinsurer have by their
respective officers executed and delivered this Agreement, effective May 3,
2010.
METLIFE INSURANCE COMPANY OF CONNECTICUT, IN ITS OWN RIGHT AND AS SUCCESSOR OF
INTEREST TO METLIFE LIFE AND ANNUITY COMPANY OF CONNECTICUT
Hartford, Connecticut
/s/ Xxxxxxx Xxxxx
------------------------------------
Signature
Xxxxxxx Xxxxx
Vice President
MUNICH AMERICAN REASSURANCE COMPANY
Atlanta, Georgia
/s/ Xxxx Xxxxx /s/ Xxxxxxx Xxxxxxxx
------------------------------------ ------------------------------------
Signature Signature
Xxxx Xxxxx Xxxxxxx Xxxxxxxx
VP & Marketing Actuary, Marketing 2nd Vice President, Treaty
Life Reinsurance Life Reinsurance
Munich Re Treaty No. 2515
Amendment No.
Page 2 of 5
SCHEDULE E
ELIGIBLE PORTFOLIOS FOR ACCOUNT VALUES
Universal Annuity
Fund Line Up as of May 3, 2010
TRUST NAME: FIDELITY(R) VARIABLE INSURANCE PRODUCTS FUND
PORTFOLIO NAMES: VIP Contrafund(R) Portfolio Service Class 2
VIP Equity-Income Portfolio Initial Class
VIP High Income Portfolio(x) Initial Class
VIP Mid Cap Portfolio Service Class 2
TRUST NAME: FRANKLIN XXXXXXXXX VARIABLE INSURANCE PRODUCTS TRUST
PORTFOLIO NAMES: Franklin Small-Mid Cap Growth Securities Fund(x) Class 2
Xxxxxxxxx Developing Markets Securities Fund Class 2
Xxxxxxxxx Foreign Securities Fund Class 2
TRUST NAME: JANUS ASPEN SERIES
PORTFOLIO NAMES: OVERSEAS PORTFOLIO Service Shares
TRUST NAME: XXXX XXXXX PARTNERS VARIABALE EQUITY TRUST
PORTFOLIO NAMES: Xxxx Xxxxx ClearBridge Variable Aggressive Growth Portfolio(x) Class I
Xxxx Xxxxx ClearBridge Variable Fundamental All Cap Value Portfolio Class I
Xxxx Xxxxx ClearBridge Variable Small Cap Growth Portfolio Class I
TRUST NAME: XXXX XXXXX PARTNERS VARIABLE EQUITY TRUST
PORTFOLIO NAMES: Xxxx Xxxxx ClearBridge Variable Appreciation Portfolio Class I
Xxxx Xxxxx ClearBridge Variable Large Cap Growth Portfolio Class I
Xxxx Xxxxx ClearBridge Variable Large Cap Value Portfolio Class I
Xxxx Xxxxx Global Currents Variable International All Cap Opportunity Portfolio(x)
Xxxx Xxxxx Investment Counsel Variable Social Awareness Portfolio
TRUST NAME: XXXX XXXXX PARTNERS VARIABLE INCOME TRUST
PORTFOLIO NAMES: Xxxx Xxxxx Western Asset Variable Adjustable Rate Income Portfolio
TRUST NAME: MET INVESTORS SERIES TRUST
PORTFOLIO NAMES: Batterymarch Growth and Income Portfolio Class A
BlackRock High Yield Portfolio Class A
BlackRock Large-Cap Core Portfolio Class E
Clarion Global Real Estate Portfolio Class A
Munich Re Treaty No. 2515
Amendment No. 4
Page 3 of 5
TRUST NAME: MET INVESTORS SERIES TRUST CONTINUED
Dreman Small-Cap Value Portfolio Class A
Xxxxxx Oakmark International Portfolio Class A
Invesco Small Cap Growth Portfolio Class A
Janus Forty Portfolio Class A
Lazard Mid Cap Portfolio Class A
Xxxxxx Xxxxxx Global Markets Portfolio Class A
Lord Xxxxxx Bond Debenture Portfolio Class A
Lord Xxxxxx Growth and Income Portfolio Class B
MFS(R) Research International Portfolio Class B
Xxxxxxxxxxx Capital Appreciation Portfolio Class A
PIMCO Inflation Protected Bond Portfolio Class A
PIMCO Total Return Portfolio Class B
Pioneer Fund Portfolio Class A
Pioneer Strategic Income Portfolio Class A
SSgA Growth and Income ETF Portfolio Class B
SSgA Growth ETF Portfolio Class B
Third Avenue Small Cap Value Portfolio Class B
Xxx Xxxxxx Xxxxxxxx Portfolio Class B
TRUST NAME: METROPOLITAN SERIES FUND, INC.
PORTFOLIO NAMES: Barclays Capital Aggregate Bond Index Portfolio Class A
Black Rock Legacy Large Cap Growth Portfolio Class A
BlackRock Aggressive Growth Portfolio Class D
BlackRock Bond Income Portfolio Class A
BlackRock Diversified Portfolio Class A
BlackRock Money Market Portfolio Class A
MetLife Aggressive Allocation Portfolio Class B
MetLife Conservative Allocation Portfolio Class B
MetLife Conservative to Moderate Allocation Portfolio Class B
MetLife Mid Cap Stock Index Portfoliox Class A
MetLife Moderate Allocation Portfolio Class B
MetLife Moderate to Aggressive Allocation Portfolio Class B
MetLife Stock Index Portfolio Class A
MFS(R) Total Return Portfolio Class F
MFS(R) Value Portfolio Class A
Xxxxxx Xxxxxxx EAFE(R) Index Portfolio Class A
Xxxxxxxxxxx Global Equity Portfolio Class A
Xxxxxxx 2000(R) Index Portfolio - Class A
Munich Re Treaty No. 2515
Amendment No. 4
Page 4 of 5
