PRUDENTIAL THE PRUDENTIAL
INSURANCE COMPANY
OF AMERICA
agrees to pay the benefits provided under this contract in accordance with and
subject to its terms.
Contract-Holder:
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Effective Date: Group Annuity Contract Number:
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Provisions and Schedules Jurisdiction:
attached:
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THE PRUDENTIAL INSURANCE COMPANY
OF AMERICA
By:
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Title: President /s/ Xxxxxx X. Xxxxxx
Date: Secretary /s/ Xxxxxxxx X. Xxxxxxxx
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Attest
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Date:
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Group Annuity Contract providing for contributions on account of Participants.
Annual determination of participation in divisible surplus. All subject to the
provisions of this contract.
NOTICE - ALL CONTRACTUAL VALUES OR PAYMENTS PROVIDED BY THIS CONTRACT, WHEN
BASED ON THE INVESTMENT RESULTS OF A PRUDENTIAL SEPARATE ACCOUNT DESCRIBED
IN THIS CONTRACT, ARE VARIABLE, SUBJECT TO CHANGE BOTH UP AND DOWN, AND ARE
NOT GUARANTEED AS TO DOLLAR AMOUNT.
GVA-110-82
19081
TABLE OF CONTENTS
Provision Serial Page
I. CONTRIBUTIONS - ACCOUNTS - CHARGES
1.1 Contributions . . . . . . . . . . . . . . . . . . . 100
1.2 Participant's Accounts. . . . . . . . . . . . . . . 100
1.3 Annual Account Charge . . . . . . . . . . . . . . . 110
1.4 Reports . . . . . . . . . . . . . . . . . . . . . . 110
II. INVESTMENT ACCOUNT - UNIT VALUES - COMMITTEE
2.1 The Prudential Variable Contract
Account-10 (VCA-10) . . . . . . . . . . . . . . . 200
2.2 VCA-10 Unit Value . . . . . . . . . . . . . . . . . 200
2.3 VCA-10 Committee. . . . . . . . . . . . . . . . . . 210
III. WITHDRAWALS AND TRANSFERS - DEATH PAYMENTS
3.1 Withdrawals . . . . . . . . . . . . . . . . . . . . 300
3.2 Death Payments. . . . . . . . . . . . . . . . . . . 300
3.3 Transfers between Related Contracts . . . . . . . . 310
3.4 Transfers to Another Funding Agent. . . . . . . . . 310
IV. ANNUITIES
4.1 Annuity Elections . . . . . . . . . . . . . . . . . 400
4.2 Annuity - Single Sum Payment Combination. . . . . . 400
4.3 Small Annuities and Accounts. . . . . . . . . . . . 400
4.4 Terms of Payment of Annuities . . . . . . . . . . . 400
4.5 Payees. . . . . . . . . . . . . . . . . . . . . . . 410
V. CHANGES
5.1 Changes by Prudential . . . . . . . . . . . . . . . 500
5.2 Changes by Agreement. . . . . . . . . . . . . . . . 500
5.3 Changes to Conform to Law . . . . . . . . . . . . . 500
5.4 Persons Empowered to Act for Prudential . . . . . . 500
VI. DISCONTINUANCE - TERMINATION OF CONTRACT
6.1 Discontinuance of Establishing Participants'
Accounts. . . . . . . . . . . . . . . . . . . . . 600
6.2 Discontinuance of Contributions under this
Contract. . . . . . . . . . . . . . . . . . . . . 600
6.3 Discontinuance of Contributions for an
Employer. . . . . . . . . . . . . . . . . . . . . 600
6.4 Termination of Contract . . . . . . . . . . . . . . 600
VII. GENERAL TERMS
7.1 Contract-Holder . . . . . . . . . . . . . . . . . . 700
7.2 Communications. . . . . . . . . . . . . . . . . . . 700
7.3 Place of Payment -- Currency . . . . . . . . . . . 700
7.4 Information -- Records . . . . . . . . . . . . . . 710
7.5 Misstatements . . . . . . . . . . . . . . . . . . . 710
7.6 Beneficiary . . . . . . . . . . . . . . . . . . . . 710
GVA-110-82
TC-100 (10)
TABLE OF CONTENTS
(Continued)
Provision Serial Page
7.7 Divisible Surplus . . . . . . . . . . . . . . . . . 720
7.8 Limit on Assignment . . . . . . . . . . . . . . . . 720
7.9 Certificates. . . . . . . . . . . . . . . . . . . . 720
7.10 Plan Changes. . . . . . . . . . . . . . . . . . . . 720
7.11 Entire Contract -- Construction . . . . . . . . . . 720
SCHEDULES
Schedule A Forms of Annuity Which May Be Purchased. . . . . . A-100
Schedule B Life Annuity . . . . . . . . . . . . . . . . . . S-100
Schedule C Life - Payment Certain Annuity . . . . . . . . . . S-100
Schedule D Life - Contingent Annuity. . . . . . . . . . . . . S-100
Schedule E Payment Certain Annuity. . . . . . . . . . . . . . S-100
GVA/GAA-110-82/2517-OE-82
TC-110
Provision I. CONTRIBUTIONS - ACCOUNTS - CHARGES:
1.1 CONTRIBUTIONS:
(a) Regular Contributions:
The contributions which are payable under this contract for a
Participant are the amounts contributed by or for him under the Plan.
Contributions will be transmitted by the Contract-Holder or the
employer. A Participant is a person for whom contributions have been
paid under this contract and whose Participant's Account (see section
1.2) has not been cancelled.
The "Plan" is the plan which is
(1) adopted by the Participant's employer,
(2) in the form of the Contract-Xxxxxx's Retirement Plan, and
(3) qualified under Section 401(a) of the Federal Internal Revenue
Code.
(To save words, male pronouns are used in this contract to refer to
both men and women.)
(b) Rollover Contributions:
An amount which qualifies as a rollover contribution pursuant to the
Federal Internal Revenue Code may be transferred to and paid under
this contract as a contribution for a Participant if permitted by the
Plan. Prudential may require proof that the amount paid so qualifies.
1.2 PARTICIPANT'S ACCOUNT:
Prudential will establish a "Participant's Account" for each person for
whom a contribution is paid under this contract. This Account is expressed
in Units of the separate investment account described in section 2.1.
A number of Units will be added to the Participant's Account on each day a
contribution is received by Prudential for the Participant. This number is
determined by dividing the dollar amount of the contribution by the Unit
Value for the day the contribution is received (see section 2.2 for a
description of the Unit Value). A number of Units will be subtracted from
the Participant's Account on each day on which a withdrawal is made from
his Account. This number is equal to the number requested for withdrawal
or, if applicable, the number determined by dividing the dollar amount to
be withdrawn by the Unit Value for the day of withdrawal.
GVA-110-82
Serial 100 1.1-1.2
A Participant's Account is the sum of the Units added to it, less the sum
of the Units subtracted from it. The dollar value of a Participant's
Account as of any day is the product of the number of Units in his Account
at the close of business on that day and the Unit Value for that day.
The Account is subject to charges described later.
1.3 ANNUAL ACCOUNT CHARGE:
On the last business day (see section 2.2) of each calendar year an amount
will be withdrawn from each Participant's Account equal to the Annual
Account Charge. Also, on any other day on which a Participant's Account is
cancelled, an amount will be withdrawn from his Account equal to the Annual
Account Charge. However, no Charge will be withdrawn if
(a) the Participant's Account is being cancelled on a January 1 to
purchase an annuity for him under this contract, or
(b) the Participant's employer pays amounts to cover the Charge for each
Participant covered under the Plan.
The Annual Account Charge is $12.
A Participant may have an Account for Plan contributions under another
group annuity contract issued to the Contract-Holder by Prudential (a
"companion contract"). If so, the total Annual Account Charge that applies
to all his Accounts will not exceed $12. This Charge will be shared among
his Accounts as Prudential determines. Also, no Charge will be withdrawn
from his Account under this contract when it is cancelled unless no amounts
remain in an Account for him under a companion contract.
In addition to the Annual Account Charge, a charge may be made upon a
Participant's withdrawal (see section 3.1).
The Charge may be changed as provided in section 5.1.
1.4 REPORTS:
Prudential annually will furnish a report with respect to each
Participant's Account which has not been cancelled. The report will show
the status of each Account as of the date of the report.
GVA-110-82
Serial 110 1.3-1.4
Provision II. INVESTMENT ACCOUNT - UNIT VALUES - COMMITTEE:
2.1 THE PRUDENTIAL VARIABLE CONTRACT ACCOUNT - 10 (VCA-10):
VCA-10 is a separate investment account of Prudential established pursuant
to a resolution adopted by its Board of Directors. The resolution provides
that this account is to be used for contracts which state that certain
payments and values under them will vary to reflect the investment results
of this account.
The investments held in VCA-10 are intended to be composed primarily of
common stocks. Prudential will invest and reinvest the assets held in
VCA-10 in accordance with the investment objectives and policies
established for it.
The total market value of the assets held in VCA-10 at all times will be at
least equal to the total reserve liability required by law for all payments
or values which vary in dollar amount to reflect the investment results of
VCA-10. Assets held in VCA-10 equal in market value to that reserve
liability will be held for the sole benefit of all contracts which
participate in VCA-10. The amount, if any, by which the total market value
exceeds the total reserve liability will be subject to the exclusive
control of Prudential. Thus, Prudential may from time to time make
transfers between VCA-10 and its other investment accounts as, in its
judgment, experience warrants. A transfer will not affect Prudential's
contractual liabilities under this contract.
2.2 VCA-10 UNIT VALUE:
The VCA-10 Unit Value for any Business Day is the dollar value of one
VCA-10 Unit for that Business Day. ("Business Day" means a day the New York
Stock Exchange is open for trading.) The initial VCA-10 Unit Value was
$1.00. The VCA-10 Unit Value for any subsequent Business Day is determined
as of the end of that Business Day by multiplying the VCA-10 Unit Change
Factor for that Business Day by the VCA-10 Unit Value for the immediately
preceding Business Day. The VCA-10 Unit Value for any day which is not a
Business Day is equal to the VCA-10 Unit Value for the next Business Day.
The VCA-10 Unit Value will go up or down in accordance with the VCA-10 Unit
Change Factor described below.
To determine the VCA-10 Unit Change Factor for any Business Day, Prudential
will proceed as follows:
(a) Increase $1.00 by the rate of investment results of VCA-10 for that
Business Day, taking into account investment income and market value
changes after provision for any taxes applicable to contracts of this
class arising from the operation of VCA-10.
(b) Subtract from the result found in (a) the VCA-10 Investment Management
Fee per $1.00 at the effective annual rate of 0.25% for the number of
calendar days in the period from the end of the prior Business Day to
the end of the current Business Day. The aggregate amount by which
VCA-10 is reduced in each year by the Investment Management Fee will
be deducted from investment income to the extent possible; any balance
will be deducted from principal.
GVA-110-82 (10)
Serial 200 2.1-2.2
(c) Provide for the Administrative Expense Charge at the effective annual
rate of 0.75%, against the assets of VCA-10. To do so, the result
found in (b) is divided by $1.00 increased at the effective annual
rate of 0.75% for the number of calendar days in the period from the
end of the prior Business Day to the end of the current Business Day.
The result found in (c) is the VCA-10 Unit Change Factor for that Business
Day.
This section may be changed as provided in section 5.1.
2.3 VCA-10 COMMITTEE:
The operation of VCA-10 will be supervised by The Prudential VCA-10
Committee (the "Committee"). The initial Committee members will be
appointed by Prudential. Thereafter, members will be elected by the
Participants.
GVA-110-82 (10)
Serial 210 2.3
Provision II. INVESTMENT ACCOUNT - UNIT VALUES - COMMITTEE:
2.1 THE PRUDENTIAL VARIABLE CONTRACT ACCOUNT - 11 (VCA-11):
VCA-11 is a separate investment account of Prudential established pursuant
to a resolution adopted by its Board of Directors. The resolution provides
that this account is to be used for contracts which state that certain
payments and values under them will vary to reflect the investment results
of this account.
The investments held in VCA-11 are intended to be composed of high-grade
money market instruments. Prudential will invest and reinvest the assets
held in VCA-11 in accordance with the investment objectives and policies
established for it.
The total value of the assets held in VCA-11 at all times will be at least
equal to the total reserve liability required by law for all payments or
values which vary in dollar amount to reflect the investment results of
VCA-11. Assets held in VCA-11 equal in value to that reserve liability will
be held for the sole benefit of all contracts which participate in VCA-11.
The amount, if any, by which the total value exceeds the total reserve
liability will be subject to the exclusive control of Prudential. Thus,
Prudential may from time to time make transfers between VCA-11 and its
other investment accounts as, in its judgment, experience warrants. A
transfer will not affect Prudential's contractual liabilities under this
contract.
2.2 VCA-11 UNIT VALUE:
The VCA-11 Unit Value for any Business Day is the dollar value of one
VCA-11 Unit for that Business Day. ("Business Day" means a day the New York
Stock Exchange is open for trading.) The initial VCA-11 Unit Value was
$1.00. The VCA-11 Unit Value for any subsequent Business Day is determined
as of the end of that Business Day by multiplying the VCA-11 Unit Change
Factor for that Business Day by the VCA-11 Unit Value for the immediately
preceding Business Day. The VCA-11 Unit Value for any day which is not a
Business Day is equal to the VCA-11 Unit Value for the next Business Day.
The VCA-11 Unit Value will go up or down in accordance with the VCA-11 Unit
Change Factor described below.
To determine the VCA-11 Unit Change Factor for any Business Day, Prudential
will proceed as follows:
(a) Increase $1.00 by the rate of investment results of VCA-11 for that
Business Day, taking into account investment income and changes in the
value of investments after provision for any taxes applicable to
contracts of this class arising from the operation of VCA-11.
(b) Subtract from the result found in (a) the VCA-11 Investment Management
Fee per $1.00 at the effective annual rate of 0.25% for the number of
calendar days in the period from the end of the prior Business Day to
the end of the current Business Day. The aggregate amount by which
VCA-11 is reduced in each year by the Investment Management Fee will
be deducted from investment income to the extent possible; any balance
will be deducted from principal.
GVA-110-82 (11)
Serial 200 2.1-2.2
(c) Provide for the Administrative Expense Charge at the effective annual
rate of 0.75%, against the assets of VCA-11. To do so, the result
found in (b) is divided by $1.00 increased at the effective annual
rate of 0.75% for the number of calendar days in the period from the
end of the prior Business Day to the end of the current Business Day.
The result found in (c) is the VCA-11 Unit Change Factor for that Business
Day.
Prudential may, upon notice to the Contract-Holder and Participants, change
the basis for determining the Unit Value. The changed basis would be one
designed to maintain a constant Unit Value, with investment results being
reflected through the number of Units in Participants' Accounts.
This section may also be changed as provided in section 5.1.
2.3 VCA-11 COMMITTEE:
The operation of VCA-11 will be supervised by The Prudential VCA-11
Committee (the "Committee"). The initial Committee members will be
appointed by Prudential. Thereafter, members will be elected by the
Participants.
GVA-110-82 (11)
Serial 210 2.3
Provision III. WITHDRAWALS AND TRANSFERS - DEATH PAYMENTS:
3.1 WITHDRAWALS:
Prudential may be notified when a withdrawal is to be made from a
Participant's Account pursuant to the Plan. The minimum withdrawal is $500,
or the dollar value of his Account if smaller. Payment to the Participant
will normally be made within seven days of Prudential's receipt of the
request for it. However, it may be paid at a later day if permitted under
the Investment Company Act of 1940.
The amount paid to the Participant will be the dollar amount withdrawn less
the withdrawal charge determined from the following table and the Annual
Account Charge if it applies. The amount payable is also referred to as the
"Withdrawal Value".
TABLE
Withdrawals made in the months
indicated, counting from the day
the Participant's Account was Withdrawal Charge per $1.00
established* being withdrawn.**
-------------------------------- ---------------------------
First 24 months $0.07
Next 36 months 0.06
Next 60 months 0.04
Next 60 months 0.03
Thereafter 0.00
*Or, if earlier, the day an Account was established for him under a
companion contract.
**No charge is made after the amount withdrawn equals the contributions
made for the Participant.
The withdrawal charge is also deducted from a Participant's Account if an
annuity is purchased for him under this contract during the first 36 months
from the day an Account was established for him. The earlier of the days an
Account was established for him under this contract or under a companion
contract will be used in counting the 36 months.
As of the first day no amounts remain in the Participant's Account or in an
Account for him under a companion contract, his Account is cancelled.
This section may be changed as provided in section 5.1.
3.2 DEATH PAYMENTS:
If a Participant dies before his Participant's Account has been cancelled,
the dollar value will be paid to his Beneficiary (see section 7.6). The
payment will be made in one sum unless the Participant has directed that an
annuity be purchased for the Beneficiary. Instead of a one sum payment, the
Beneficiary may elect to have the dollar value of the Participant's Account
applied to purchase an annuity. This election is subject to the terms of
the Plan. Proof of the Participant's death must be received by Prudential
before any payment will be made.
GVA-110-82
Serial 300 3.1-3.2
The annuity form may be any of those described in section 4.4. If annuity
payments are to start at a future date, the Participant's Account will be
maintained for the Beneficiary in the same manner as for the Participant.
No contributions may be made to the Account after the Participant's death.
If a one sum payment is made to the Beneficiary within one year of the
Participant's death, it will be at least equal to the contributions made
for him under this contract less any withdrawals and transfers.
As of the first day no amounts remain in the Participant's Account or in an
Account for the Beneficiary under a companion contract, the Participant's
Account is Section 3.1 does not apply.
3.3 TRANSFERS BETWEEN RELATED CONTRACTS:
Prudential may be notified that a transfer permitted by the Plan is to be
made from a Participant's Account to an Account maintained for him under a
companion contract. The minimum withdrawal to provide a transfer is $500,
or the dollar value of his Account if smaller. The transfer will normally
be made within seven days of Prudential's receipt of his request for it.
Section 3.1 does not apply to a withdrawal for this purpose. Transfers are
deemed to be made first from the contributions paid for the Participant.
Investment income is transferred when there are no longer any contributions
in the Participant's Account.
Amounts may be transferred to this contract from a companion contract. An
amount transferred to this contract for a Participant will be treated as
though it were a contribution made for him (see section 1.2). However in
determining any withdrawal charge, any portion of the amount transferred
which is investment income will not be considered as a contribution.
Prudential may, upon notice to the Contract-Holder, limit the frequency of
transfers. This action will take effect on the date of the notice.
This section may be changed as provided in section 5.1.
3.4 TRANSFERS TO ANOTHER FUNDING AGENT:
(a) At the Contract-Xxxxxx's Request:
The Contract-Holder may request Prudential to make transfer payments
to a funding agent named in the request. The transfer payment will be
made on the Transfer Date. The Transfer Date is the later of the day
specified in the request and the 90th day after its receipt by
Prudential.
All Participants' Accounts will be cancelled as of the Transfer Date.
A single liquidation account will be established equal to the sum of
the Withdrawal Values expressed in Units of the cancelled Accounts.
On the Transfer Date Prudential will withdraw the Units from the
liquidation account. The product of the number of Units withdrawn and
the Unit Value for the day of withdrawal will be transferred within
seven days thereafter.
GVA-110-82
Serial 310 3.3-3.4
Instead of making the transfer payment in cash, Prudential may make
all or a part of it in the form of securities representing a uniform
percentage of each holding of the separate investment account
described in section 2.1.
(b) For an Employer:
If contributions are discontinued for an employer's Participants, the
Contract-Holder may direct Prudential to make transfer payments to
another funding agent. Section 3.4(a) would then become operative for
those Participants as if they were the only ones covered under this
contract.
This section may be changed as provided in section 5.1.
GVA-110-82
Serial 320 3.4
Provision IV. ANNUITIES:
4.1 ANNUITY ELECTIONS:
Prudential may be notified that a Participant has elected to have his
Participant's Account applied to purchase an annuity for him pursuant to
the Plan. The Withdrawal Value of the Account will be applied if the
purchase is made during the first 36 months from the day an Account was
established for him. The earlier of the days an Account was established for
him under this contract or under a companion contract will be used in
counting the 36 months. If the purchase is made after the 36 months, the
dollar value of the Account will be applied. The schedule of annuity
purchase rates that applies is determined from Schedule A. The monthly
amount of any annuity is determined from the schedule of purchase rates for
that annuity.
As of the first day no amounts remain in the Participant's Account or in an
Account for him under a companion contract, his Account is cancelled.
4.2 ANNUITY - SINGLE SUM PAYMENT COMBINATION:
If permitted by the Plan, a Participant may elect that only a portion of
his Participant's Account be applied to purchase an annuity with the
balance being paid in a single sum. The first portion will be subject to
section 4.1 and the balance to section 3.1.
4.3 SMALL ANNUITIES AND ACCOUNTS:
If the total monthly amount of annuity which would otherwise be purchased
on behalf of any person under this contract and the companion contracts is
less than $50, Prudential may, in lieu of an annuity under this contract,
make payment in a single sum. The single sum will be equal to the amount
that would otherwise be applied to purchase an annuity as described in
section 4.1.
If no contributions have been made under this contract or any companion
contract for a Participant for a period of 24 months and the dollar value
of his Accounts under all the contracts is $1,000 or less, Prudential may
cancel his Account under this contract. If the Account is cancelled, its
dollar value will be paid on the Participant's behalf to the
Contract-Holder unless it directs payment to a named financial institution.
The Annual Account Charge will be made only if no Account remains for him
under a companion contract.
4.4 TERMS OF PAYMENT OF ANNUITIES:
Life annuities and Payment Certain annuities are available under this
contract. A Life form of annuity is one payable at least during the
lifetime of the person (referred to as the "Annuitant") for whom it was
purchased. Depending upon the existence and nature of any payment payable
after the death of the Annuitant, a Life annuity may also be any of the
following forms: Life - Payment Certain, Life - Contingent, or Life -
Payment Certain Contingent annuity. A Payment Certain form of annuity may
be payable for a period less than the lifetime of the person for whom the
annuity was purchased. The terms of payment of each form of annuity are
described below.
(a) Life Form of Annuity:
The first monthly payment of ANY Life form of annuity is payable on
the date the annuity is purchased. Monthly payments are payable on the
first day of each month thereafter throughout the Annuitant's
remaining lifetime. The last monthly payment is payable for the month
in which his death occurs.
GVA-110-82
Serial 400 4.1-4.4
If the LIFE - PAYMENT CERTAIN form of annuity is payable, then, if the
Annuitant dies before the number of annuity payments made equals the
number of Payments Certain applicable to him, monthly annuity payments
will be continued until the total number of payments is so equal.
These continued annuity payments will each be in the same amount as
was payable to the Annuitant. The number of Payments Certain is
established when the annuity is purchased and may be 60, 120, 180,
240, or any other number accepted by Prudential.
If the LIFE - CONTINGENT ANNUITY form of annuity is payable, then, if
the Annuitant dies before the death of his Contingent Annuitant,
monthly Contingent Annuity payments will become payable. The first
payment of Contingent Annuity will be payable on the first day of the
month following the month in which the Annuitant's death occurs.
Monthly Contingent Annuity payments are payable on the first day of
each month thereafter throughout the Contingent Annuitant's remaining
lifetime. The last monthly payment is payable for the month in which
his death occurs. The amount of each monthly Contingent Annuity
payment will be a percentage of the monthly annuity payment payable
before the Annuitant's death. The percentage is established when the
annuity is purchased and may be 33 1/3%, 50%, 66 2/3% or 100%, or any
other percentage accepted by Prudential. Under a Life - Payment
Certain Contingent annuity, a percentage payment will not take effect
until the end of the selected Payment Certain period.
(b) Payment Certain Annuity:
The first monthly payment of a Payment Certain annuity is payable on
the date the annuity is purchased. Monthly payments are payable on the
first day of each month thereafter until the total number of Payments
Certain specified when the annuity was purchased has been paid. The
number of Payments Certain may be 60, 120, 180, 240, or any other
number accepted by Prudential.
Other forms of annuity payments may be provided with the consent of
Prudential.
4.5 PAYEES:
Each annuity payment will be made to the Annuitant, Contingent Annuitant or
Beneficiary entitled to receive it.
GVA/GAA-110-82/2517-OE-82
Serial 410 4.5
Provision V. CHANGES:
5.1 CHANGES BY PRUDENTIAL:
Prudential may make changes in this contract as follows:
(a) The Annual Account Charge and the table of withdrawal charges may be
changed periodically on and after the second anniversary of the
Effective Date.
(b) The effective annual rate of the Administrative Expense Charge and the
terms and amounts (excluding the withdrawal charge table) of
withdrawals and transfers pursuant to Provision III may be changed
periodically on and after the fifth anniversary of the Effective Date.
(c) The schedules of annuity purchase rates may be changed periodically on
and after the tenth anniversary of the Effective Date.
Any change in the table of withdrawal charges and in Schedule E will apply
only to amounts added to Participants' Accounts on and after the date the
change takes effect. Any other change will apply to amounts in
Participants' Accounts whether added before or on and after the date the
change takes effect. Any change in the schedules of annuity purchase rates
will remain in effect for at least ten years.
Any change in accordance with this section will be made by giving notice to
the Contract-Holder at least 90 days before the date on which the change is
to take effect.
5.2 CHANGES BY AGREEMENT:
This contract may also be changed in any respect at any time or times by
agreement between the Contract-Holder and Prudential.
5.3 CHANGES TO CONFORM TO LAW:
Prudential may change this contract as, in its discretion, it deems
appropriate to satisfy the requirements of any law or regulation
administered by a governmental agency.
5.4 PERSONS EMPOWERED TO ACT FOR PRUDENTIAL:
No agent or other person except one of the following officers of Prudential
may change this contract or bind Prudential.
Chairman and Chief Executive Officer Associate Actuary
President Secretary
Vice President Assistant Secretary
Actuary
GVA-110-82
Serial 500 5.1-5.4
Provision VI. DISCONTINUANCE - TERMINATION OF CONTRACT:
6.1 DISCONTINUANCE OF ESTABLISHING PARTICIPANTS' ACCOUNTS:
Prudential may notify the Contract-Holder that on and after a specified
date no new Participants' Accounts will be established under this contract.
The specified date may not be earlier than 90 days after the date of the
notice. Thereafter, only contributions for persons who are Participants on
the specified date will be accepted hereunder. In all other respects this
contract will continue to operate in accordance with its terms.
6.2 DISCONTINUANCE OF CONTRIBUTIONS UNDER THIS CONTRACT:
Contributions under this contract will be discontinued with respect to all
Participants:
(a) at any time after receipt by Prudential of notice thereof from the
Contract-Holder,
(b) as of a date at least 90 days after notice to the Contract-Holder by
Prudential that no further contributions will be accepted hereunder.
After discontinuance the contract will continue to operate in accordance
with its terms with respect to Participants' Accounts.
6.3 DISCONTINUANCE OF CONTRIBUTIONS FOR AN EMPLOYER:
Contributions under this contract for those Participants covered under an
employer's Plan will be discontinued:
(a) when the Plan terminates,
(b) when the Plan ceases to be qualified (see section 1.1),
(c) when the delegation of powers to the Contract-Holder pursuant to the
Plan is withdrawn, or
(d) at any time after receipt by Prudential of notice from the
Contract-Holder that the employer no longer participates in the
applicable trust.
After discontinuance the contract will continue to operate in accordance
with its terms with respect to Participants under the Plan.
6.4 TERMINATION OF CONTRACT:
This contract will terminate when all the following have occurred:
(a) no further contributions may be paid under this contract;
(b) no Participant's Account remains uncancelled; and
(c) no further annuity or transfer payments are payable from this
contract.
GVA/GAA-110-82/2517-OE-82
Serial 600 6.1-6.4
Provision VII. GENERAL TERMS:
7.1 CONTRACT-HOLDER:
Prudential will normally deal only with the Contract-Holder. However,
Prudential and the Contract-Holder may agree to do otherwise. Also, in some
cases the contract calls for dealing with another. Prudential will be
entitled to rely on any action taken or omitted by the Contract-Holder
pursuant to the terms of this contract.
The Contract-Holder may, from time to time, delegate to an agency certain
administrative powers and responsibilities which this contract assigns to
the Contract-Holder. Prudential is not bound to recognize any delegation
until it has received notice of it. The notice must specify those powers
and responsibilities and include evidence of acceptance by the agency. On
and after the date of receipt of the notice, Prudential will deal with the
agency with respect to those powers and responsibilities and will be
entitled to rely on any action taken or omitted by the agency with respect
thereto in the same manner as if dealing with the Contract-Holder. If any
agency fails or refuses to act with respect thereto, then the delegation
will be void for the purposes of this contract. Thereafter, Prudential will
deal only with the Contract-Holder. The Contract-Holder may give notice to
Prudential of delegation to another agency of specified powers and
responsibilities.
7.2 COMMUNICATIONS:
All communications to the Contract-Holder or to Prudential will be in
writing. They will be addressed to the Contract-Holder at its principal
office, or at such other address as it may communicate to Prudential. They
will be addressed to Prudential at its Group Pension Office, Hanover Road,
Florham Park, New Jersey 07932, or at such other address as it may
communicate to the Contract-Holder. All communications to any other person
or organization dealing with Prudential will be addressed to that person or
organization at the last address of record.
7.3 PLACE OF PAYMENT -- CURRENCY:
All payments to Prudential under this contract will be payable at its Group
Pension Office or at an address or to a representative as may be specified
by Prudential by notice to the Contract-Holder.
All payments under this contract, whether to or by Prudential, will be in
lawful money of the United States of America. Dollars and cents, as
specified in this contract, means lawful dollars and cents of United States
currency.
GVA/GAA-110-82/2517-OE-82
Serial 700 7.1-7.3
7.4 INFORMATION -- RECORDS:
The Contract-Holder will furnish all information which Prudential may
reasonably require for the administration of this contract. If the
Contract-Holder cannot furnish any required item of information, Prudential
may request the person concerned to furnish the information. Prudential
will not be liable for the fulfillment of any obligations in any way
dependent upon information unless and until it receives the information in
form satisfactory to it.
Information furnished to Prudential may be corrected for demonstrated
errors in it unless Prudential has already acted to its prejudice by
relying on the information. Except for the corrections, information
furnished to Prudential will be regarded as conclusive. Prudential will
maintain the records necessary for its administration of this contract.
These records will be prepared from the information furnished to Prudential
and will constitute evidence as to the truth of the information in the
records.
7.5 MISSTATEMENTS:
If the age, sex, or any other relevant fact relating to any person is found
to have been misstated, the following will apply:
(a) The amount of annuity payable by Prudential will be that which would
be provided by the amount allocated to purchase the annuity on the
basis of the correct information, without changing the date of first
payment of the annuity.
Any adjustment by Prudential of the amount or terms of payment made in
accordance with this section will be conclusive upon any other person
affected by it.
(b) The amount of any underpayment by Prudential will be paid in full with
the next payment due. The amount of any overpayment by Prudential will
be deducted to the extent possible from amounts payable thereafter.
7.6 BENEFICIARY:
If, as to any person, this contract provides for the payment of an amount
or amounts after the person dies to other than the person's Contingent
Annuitant, payment will be made to the Beneficiary the person named. A
person for whom an Account is held or an annuity is being paid under this
contract may name a Beneficiary to replace one previously named. However,
the Participant may instruct Prudential that his Contingent Annuitant or
Beneficiary is not to have this right to name a Beneficiary.
A Beneficiary may be named by filing a request with Prudential on a form
acceptable to it. It will become effective when entered on Prudential's
records. It will apply to any amounts payable after the request was
received by Prudential, except any withdrawals and payments made before the
request was entered on Prudential's records. Prudential will acknowledge
the naming of a Beneficiary.
GVA/GAA-110-82/2517-OE-82
Serial 710 7.4-7.6
The interest of any Beneficiary who dies before the Participant ceases upon
that Beneficiary's death. If there is no named Beneficiary when an amount
is payable to one, payment will be made to the estate of the last to die of
the Participant or Annuitant, his Contingent Annuitant, and his
Beneficiary. If a payment would be made to the estate of a Participant or
Annuitant, Prudential may make the payment to any one or jointly to any
number of his surviving relatives: spouse, children, parents, brothers or
sisters.
Prudential, in determining whether a person is a relative of a Participant
or Annuitant or is a Beneficiary entitled to payment, may rely solely on
any evidence it deems acceptable. Each payment Prudential makes in reliance
thereon will be a valid discharge of its obligation under this contract as
to that payment.
If a series of payments becomes payable to a Beneficiary and the first
payment is less than $50, Prudential may choose to make payment in one sum.
Also, if the payee is not a natural person and a series of payments is
payable, Prudential may choose to make a payment in one sum. The one sum
payment will be equal to the value of the series of payments discounted at
interest from each payment due date to the date of the one sum payment. The
discount interest rate will be the interest rate in the schedule of annuity
purchase rates used to establish the series of payments.
7.7 DIVISIBLE SURPLUS:
The portion, if any, of the divisible surplus of Prudential accruing upon
this contract will be determined annually by the Board of Directors of
Prudential and credited to Participants' Accounts as determined by the
Board. (It is unlikely any divisible surplus will accrue upon this
contract.)
No annuity under this contract will be taken into account in the
determination of any divisible surplus to be credited to this contract.
7.8 LIMIT ON ASSIGNMENT:
To the extent applicable law requires, the interests in and payments from
this contract are not assignable or subject to the claims of any creditor.
7.9 CERTIFICATES:
Prudential will issue a certificate for each annuity which is effected
under this contract. If any law requires, Prudential will issue a
certificate to a Participant for whom an annuity has not yet been effected.
A certificate will be descriptive of the Participant's or Annuitant's
rights and duties under the contract.
7.10 PLAN CHANGES:
This contract applies to the terms of the Plan in effect on the Effective
Date and to each Plan change if Prudential consents. The Contract-Holder
will furnish Prudential a copy of its Retirement Plan. While this contract
is active, the Contract-Holder will also furnish a copy of each change in
the Retirement Plan and each Plan change adopted by an employer which is
not a change in the Retirement Plan.
7.11 ENTIRE CONTRACT -- CONSTRUCTION:
This document constitutes the entire contract.
This contract will be construed according to the laws of the jurisdiction
set forth on the first page.
GVA/GAA-110-82/2517-OE-82
Serial 720 7.7-7.11
SCHEDULE A
FORMS OF ANNUITY WHICH MAY BE PURCHASED
Form of Payment Payable Applicable Schedule
----------------------- -------------------
1. Life Annuity. 1. Use Schedule B for allocation.
2. Life - Payment Certain Annuity. 2. Use Schedule C for allocation.
3. Life - Contingent Annuity. 3. Use Schedule D for allocation.
4. Payment Certain Annuity. 4. Use Schedule E for allocation.
Prudential may provide monthly amounts of annuity larger than those shown in the
following schedules for annuities purchased during any period specified by
Prudential. Annuity purchase rates for other forms of annuity consented to by
Prudential will be furnished on request. The following schedules may be changed
as provided in section 5.1.
GVA/GVA-110-82/2517-OE-82
Serial A-100 Schedule A
SCHEDULES
Monthly amount of annuity purchased per $10,000 of a Participant's Account,
after deduction from it of any taxes on annuity considerations that apply.
SCHEDULE B - Life Annuity
Monthly Amount
--------------
If date the annuity is purchased is in:
Age
--- ---- ---- ---- ----
60
65
70
SCHEDULE C - Life Payment Certain Annuity (120 Payments Certain)
Monthly Amount
--------------
If date the annuity is purchased is in:
Age
--- ---- ---- ---- ----
60
65
70
SCHEDULE D - Life - Contingent Annuity
Monthly Amount
---------------
If Annuitant and Contingent Annuitant have same date of birth.
If the date the annuity is purchased is in:
--------------------------------------------------------------
Age
---
If specified percentage to Contingent Annuitant is 100%:
60
65
70
If specified percentage to Contingent Annuitant is 50%:
60
65
70
SCHEDULE E - Payment Certain Annuity
Monthly Amount
--------------
Number of If date the annuity is purchased is in:
Payments Certain
---------------- ---- ---- ---- ----
60
120
180
* * * *
The rates in these Schedules are to be used without adjustment only when the
facts that apply to the Participant and his annuity are as shown. Rates for
other facts will be furnished upon request.
GVA/GAA-110-82/2517-OE-82
Serial S-100 Schedules B-E
