ENDORSEMENT
ENDORSEMENT
INDIVIDUAL RETIREMENT ANNUITY PROVISIONS
INDIVIDUAL RETIREMENT ANNUITY ENDORSEMENT
This contract is established as an Individual Retirement Annuity ("IRA") as defined in Section 408 of the Internal Revenue Code of 1986, as amended (the "Code") or any successor provision pursuant to the Owner's request in the Application. Accordingly, this endorsement is attached to and made part of the Contract as of its Issue Date or, if later, the date shown below. Notwithstanding any other provisions of the Contract to the contrary, the following provisions shall apply.
RESTRICTIONS ON INDIVIDUAL RETIREMENT ANNUITY
To ensure treatment as an IRA, this Contract will be subject to the requirements of Code Section 408, which are briefly summarized below:
- The Contract is established for the exclusive benefit of the Owner or his or
her beneficiaries. The Owner shall be the Annuitant.
- The Contract shall be nontransferable and the entire interest of the Owner
in the Contract is nonforfeitable.
- (a) Notwithstanding any provision of this Contract to the contrary,
the distribution of the Owner's interest in the Contract shall be made in
accordance with the requirements of Code §408(b)(3) and the regulations
thereunder, the provisions of which are herein incorporated by reference. If
distributions are not made in the form of an annuity on an irrevocable basis
(except for acceleration), then distribution of the interest in the Contract (as
determined under section 4(c)) must satisfy the requirements of Code
§408(a)(6) and the regulations thereunder, rather than paragraphs (b), (c)
and (d) below and section (4).
(b) The entire interest of the Owner will commence to be distributed no later than the first day of April following the calendar year in which such Owner attains age 70 1/2 (the "required beginning date") over (a) the life of such Owner or the lives of such Owner and his or her designated beneficiary or (b) a period certain not extending beyond the life expectancy of such Owner or the joint and last survivor expectancy of such Owner and his or her designated beneficiary. Payments must be made in periodic payments at intervals of no longer than 1 year and must be either nonincreasing or they may increase only as provided in Q&As-1 and -4 of §1.401(a)(9)-6T of the Temporary Income Tax Regulations. In addition, any distribution must satisfy the incidental benefit requirements specified in Q&A-2 of §1.401(a)(9)-6T.
(c) The distribution periods described in paragraph (b) above cannot exceed the periods specified in §1.401(a)(9)-6T of the Temporary Income Tax Regulations.
(d) The first required payment can be made as late as April 1 of the year following the year the Owner attains age 70 1/2 and must be the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval. - (a) Death On or After Required Distributions Commence. If the
Owner dies on or after required distributions commence, the remaining portion of
his or her interest will continue to be distributed under the contract option
chosen.
(b) Death Before Required Distributions Commence. If the Owner dies before required distributions commence, his or her entire interest will be distributed at least as rapidly as follows:
(1) If the designated beneficiary is someone other than the Owner's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Owner's death, over the remaining life expectancy of the designated beneficiary, with such life expectancy determined using the age of the beneficiary as of his or her birthday in the year following the year of the Owner's death, or, if elected, in accordance with paragraph (b)(3) below.
(c) The "interest" in the IRA includes the amount of any outstanding rollover, transfer and recharacterization under Q&As-7 and -8 of §1.408-8 of the Income Tax Regulations and the actuarial value of any other benefits provided under the IRA, such as guaranteed death benefits.
(2) If the Owner's sole designated beneficiary is the Owner's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Owner's death (or by the end of the calendar year in which the Owner would have attained age 70 1/2, if later), over such spouse's life, or, if elected, in accordance with paragraph (b)(3) below. If the surviving spouse dies before required distributions commence to him or her, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the spouse's death, over the spouse's designated beneficiary's remaining life expectancy determined using such beneficiary's age as of his or her birthday in the year following the death of the spouse, or, if elected, will be distributed in accordance with paragraph (b)(3) below. If the surviving spouse dies after required distributions commence to him or her, any remaining interest will continue to be distributed under the contract option chosen.
(3) If there is no designated beneficiary, or if applicable by operation of paragraph (b)(1) or (b)(2) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of the Owner's death (or of the spouse's death in the case of the surviving spouse's death before distributions are required to begin under paragraph (b)(2) above).
(4) Life expectancy is determined using the Single Life Table in Q&A-1 of §1.401(a)(9)-9 of the Income Tax Regulations. If distributions are being made to a surviving spouse as the sole designated beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to such spouse's age in the year. In all other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the beneficiary's age in the year specified in paragraph (b)(1) or (2) and reduced by 1 for each subsequent year.
(d) For purposes of paragraphs (a) and (b) above, required distributions are considered to commence on the Owner's required beginning date or, if applicable, on the date distributions are required to begin to the surviving spouse under paragraph (b)(2) above. However, if distributions start prior to the applicable date in the preceding sentence, on an irrevocable basis (except for acceleration) under an annuity contract meeting the requirements of §1.401(a)(9)-6T of the Temporary Income Tax Regulations, then required distributions are considered to commence on the annuity starting date.
(e) If the sole designated beneficiary is the Owner's surviving spouse, the spouse may elect to treat the IRA as his or her own IRA. This election will be deemed to have been made if such surviving spouse makes a contribution to the IRA or fails to take required distributions as a beneficiary. - If the Owner dies before his or her entire interest has been distributed and
if the designated beneficiary is not the Owner's surviving spouse, no additional
contributions may be accepted in the Contract.
- The owner of two or more traditional IRAs may satisfy the minimum
distribution requirements described above by taking from one traditional IRA the
amount required to satisfy the requirement for another in accordance with the
regulations under section 408(a)(6).
- This Contract does not require fixed contributions. Any refund of premiums
(other than those attributable to excess contributions) will be applied before
the close of the calendar year following the year of the refund toward the
payment of future premiums or the purchase of additional benefits.
- Except in the case of a rollover contribution described in section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), an employer contribution to a
simplified employee pension plan as described in section 408(k), or a
recharacterized contribution described in section 408A(d)(6), only cash
contributions may be made to the Contract, up to $3,000 per year for tax years
2002 through 2004. That contribution limit is increased to $4,000 for tax years
2005 through 2007 and $5,000 for 2008 and thereafter. For individuals who have
reached the age of 50 before the close of the tax year, the contribution limit
is increased to $3,500 per year for tax years 2002 through 2004, $4,500 for
2005, $5,000 for 2006 and 2007, and $6,000 for 2008 and thereafter. For tax
years after 2008, the above limits will be increased to reflect a cost-of-living
adjustment, if any. Such contributions will conform to the limits of section 219
of the Code.
- No contributions will be accepted under this Contract which are made under a
SIMPLE IRA plan established by any employer pursuant to §408(p). Also, no
transfer or rollover of funds attributable to contributions made by a particular
employer under its SIMPLE IRA plan will be accepted under this Contract from a
SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to
the expiration of the 2-year period beginning on the date the individual first
participated in that employer's SIMPLE IRA plan
- Notwithstanding any Contract provisions to the contrary, no amount may be
borrowed under the Contract and no portion may be used as security for a
loan.
- Annuity Payments may not begin before the Annuitant attains the age of 59
1/2 without incurring a penalty tax except in the situations described in
Section 72(t) of the code.
- The Company shall furnish annual calendar year reports concerning the status of the annuity and such information concerning required minimum distributions as is prescribed by the Commissioner of Internal Revenue.
SECURITY BENEFIT LIFE INSURANCE COMPANY
X. Xxxxxxx Xxxxxx
Secretary
Endorsement Effective Date
(If Other Than Contract Date)
V6849A (R9-03)