ENDORSEMENT
APPLICABLE TO DEFINED BENEFIT
QUALIFIED PLAN CONTRACTS
When issued with this Endorsement, this Contract is a "Qualified Plan Contract"
which is issued to a trustee of a trust forming part of a plan which is
qualified under Section 401(a) of the Code. All provisions of the Contract and
other endorsements apply except as expressly modified by this Endorsement.
EMPLOYER (SECTION 1.12): "Employer" means any Employer that has adopted a Plan
qualified under Section 401(a) of the Code. The Employer with reference to this
Contract is named in the Data pages.
OWNER (SECTION 1.15): "Owner" means the trustee of a trust for a Plan. The Owner
with reference to this Contract is named in the Data pages.
PLAN (SECTION 1.16): "Plan" means a defined benefit plan adopted by the Employer
that is intended to meet the requirements for qualification under Section 401(a)
of the Code. The Plan with reference to the Contract is named in the Data pages.
1. LIMITS ON CONTRIBUTIONS (SECTION 3.02):
No Contributions shall be accepted from any employee. The Employer shall
contribute to the Contract such amounts and at such times as shall be
determined by the Plan's trustee. Restrictions, if any, on the dollar
amount or number of Contributions are stated in the Data pages.
2. TERMINATION (SECTION 5.02):
This Contract will also terminate if,
(d) The Owner directs us to pay out the Cash Value under this Contract.
(e) The Owner directs us to convert the Contract to a Rollover IRA
according to our rules in effect at the time. However, the converted
Contract will be issued with the same Contract Date as this Contract.
3. DEATH BENEFIT (SECTION 6.01)
The beneficiary described in Section 6.02 shall be the Owner of this
Contract. After the death of the Annuitant but before the death benefit is
paid, the Owner may instruct us in writing in a form we accept to make the
death benefit payable to the Annuitant's beneficiary under the Plan.
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4. ANNUITY COMMENCEMENT DATE (SECTION 7.03):
Any distribution option under this Contract must meet any minimum
distribution requirements under Section 401(a)(9) of the Code which apply
after the "Required Beginning Date" which is April 1st following the
calendar year which is generally the later of the year in which the
Annuitant (i) attains age 70 1/2 or (ii) retires from service of the
employer sponsoring the Plan.
5. ASSIGNMENTS, NONTRANSFERABILITY, NONFORFEITABILITY (SECTION 9.05):
This Contract and any amounts payable pursuant to this Contract may not be
assigned, pledged, transferred or encumbered except as permitted under
applicable law. The above restriction does not apply to a change authorized
by a qualified domestic relations order defined in Section 414(p) of the
Code.
6. OWNER'S RESPONSIBILITY:
We will make no payment under this Contract without instructions from the
Owner in a form we accept and we will be fully discharged from any
liability with respect thereto to the extent such payments are made
pursuant to such instructions.
7. PLAN QUALIFICATION:
A "Qualified Plan" is a plan that meets the requirements for qualification
under Section 401(a) of the Code. The Owner is to provide a determination
letter from the Internal Revenue Service that the Plan is qualified under
Section 401(a) of the Code, or an attorney's opinion that the Plan is
qualifiable under Section 401(a) of the Code, and if at any time the Plan
is no longer a Qualified Plan, the Owner is to give us prompt written
notice thereof.
If the Owner gives notice that the Plan is no longer a Qualified Plan, then
upon at least thirty days advance written notice to the Owner, we will
terminate the Contract under Section 5.02.
EQUITABLE OF COLORADO, INC.
/s/ Xxxxxx X. Xxxxxxxxxx /s/ Xxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxxxxxx, Xxxxx X. Xxxxxxx, Secretary
President and Chief Executive Officer
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