FIRST GOLDEN AMERICAN Individual Retirement
LIFE INSURANCE COMPANY Annuity Rider
OF NEW YORK
A stock company.
------------------------------------------------------------------------------
On the basis of the application for the Contract to which this Rider
is attached, this Contract is issued as an Individual Retirement
Annuity ("IRA") intended to qualify as such under Section 408(b) of
the Internal Revenue Code, as amended (the "Code"). This Contract is
established for the exclusive benefit of the Owner and the
beneficiaries named.
In the event of any conflict between the provisions of this Rider and
the Contract to which it is attached, the provisions of this Rider
will control. First Golden American Life Insurance Company of New
York, ("First Golden"), reserves the right to amend or administer the
Contract and Rider as necessary to comply with applicable tax
requirements. The Owner will be given advance written notice of such
changes. First Golden will assume that the Owner has accepted the
change if written notice of the objection to the change is not
received prior to its effective date. If written notice of the
objection to the change is received prior to the effective date, the
Owner will have two options: (1) to annuitize the Contract and select
an annuity option; or (2) to continue the Contract unchanged. Either
of these options may result in tax consequences for either the
annuitant or the Owner. The Owner should consult a tax advisor before
electing either of these options. If the election is not received by
First Golden within 30 days of the date of the Owner's notice to First
Golden, First Golden will assume the Owner has elected to continue the
Contract unchanged.
CONTRIBUTIONS
Except in the case of a rollover contribution or a contribution made
in accordance with the terms of a simplified employee pension ("SEP"),
no contributions will be accepted unless they are in cash, and the
total of such contributions will not exceed $2,000 for any taxable
year.
NONFORFEITABILITY AND NONTRANSFERABILITY
The Owner's IRA account will be 100% nonforfeitable at all times and
will be maintained for the exclusive benefit of the Owner and the
beneficiaries named. This IRA may not be attached or alienated except
where permitted by law.
The Owner may not transfer ownership of any part or all of this IRA at
any time, or pledge any part of it or use any part of it as
collateral.
ROLLOVERS
The Owner may make rollover premium purchase payments under the IRA as
permitted by Section 402(c), 403(a)(4), 403(b)(8), 408(p)(7) or
408(d)(3). The Insurer may require that the Owner furnish
documentation that a rollover premium purchase payment qualifies as a
rollover under the Code.
SIMPLIFIED EMPLOYEE PENSIONS
This IRA will accept premium purchase payments made on behalf of the
Owner by the Owner's employer pursuant to a simplified employee
pension plan ("SEP") under Code Section 408(k).
XX-XX-1009-04/95 1
MINIMUM DISTRIBUTION RULES
(a) IRA required minimum annual distributions must commence to the
Owner no later than April 1st of the calendar year following the
calendar year in which the Owner attains age 70 1/2. The method
of distribution elected must insure that the entire interest of
the Owner must be distributed by that date. Alternatively, the
distribution method elected must commence by that date and
provide that the Owner's entire interest be distributed over a
period not to exceed:
(i) the life expectancy of the Owner or the joint and last
survivor expectancy of the Owner and the designated
beneficiaries; or,
(ii) a period certain not in excess of the life expectancy of
the Owner or the joint and last survivor expectancy of the
Owner and the designated beneficiaries.
All distributions made hereunder will be made in accordance with
the requirements of section 401(a) (9) of the Code, including the
incidental death benefit requirements of section 401(a) (9) (G)
of the Code, and the regulations thereunder, including the
minimum distribution incidental benefit requirement of section
1.401(a) (9)-2 of the Proposed Income Tax Regulations.
In addition, payments must be either nonincreasing or they may
increase only as provided in Q&A F-3 of section 1.401(a) (9)-1 of
the Proposed Income Tax Regulations.
(b) All payments are to be made in equal annual installments,
except where a cashout accelerates payment. There is no account
balance, which would vary from year to year, as in a 408(a) IRA.
(c) Life expectancy is computed by use of the expected return
multiples in Tables V and VI of section 1.72-9 of the Income Tax
Regulations. Unless otherwise elected by the individual by the
time distributions are required to begin, life expectancies will
be recalculated annually. Such election will be irrevocable by
the individual and will apply to all subsequent years. The life
expectancy of non-spouse beneficiary may not be recalculated.
Instead, life expectancy will be calculated using the attained
age of such beneficiary during the calendar year in which the
beneficiary attains age 70 1/2, and payments for subsequent years
will be calculated based on such life expectancy reduced by one
for each calendar year which has elapsed since the calendar year
life expectancy was first calculated.
(d) In the event the Owner dies before distribution of his or her
interest commences under this IRA, 100% of the balance under the
IRA will be distributed to the beneficiaries named. Distribution
will be completed no later than the last day of the calendar year
in which the fifth anniversary of the Owner's death occurs. If
the individual's interest is payable to a designated beneficiary,
then the entire interest of the individual may be distributed
over the life or over a period certain not greater than the life
expectancy of the designated beneficiary commencing on or before
December 31 of the calendar year immediately following the
calendar year in which the individual died. The designated
beneficiary may elect at any time to receive greater payments.
(e) In the event the Owner dies after the commencement of benefits
to him under this IRA, distribution of the remaining benefits
under the IRA will be made to the beneficiaries named in a method
at least as rapid as that in effect as of the date of the Owner's
death. Commencement of distributions under this section to the
beneficiaries must be no later than the last day of the calendar
year in which occurs the first anniversary of the Owner's death.
(f) The provisions of (d) and (e) will not apply where the
beneficiary is the Owner's surviving spouse. The surviving
spouse may elect to delay commencement of required distributions
until the December 31st of the calendar year in which the
deceased Owner would have attained age 70 1/2. Alternatively,
the surviving spouse may elect to rollover the entire balance of
the deceased Owner's IRA to the surviving spouse's own IRA.
Life expectancy is computed by use of the expected return
multiples in Tables V and VI of section 1.72-9 of the Income Tax
Regulations. For purposes of distributions beginning after the
individual's death, unless otherwise elected by the surviving
spouse by the time distributions are required to begin, life
expectancies will be recalculated annually.
XX-XX-1009-04/95 2
MINIMUM DISTRIBUTION RULES (CONTINUED)
Such election will be irrevocable by the surviving
spouse and will apply to all subsequent years. In
the case of any other designated beneficiary, life
expectancies will be calculated using the attained
age of such beneficiary during the calendar year
in which distributions are required to begin
pursuant to this section, and payments for any
subsequent calendar year will be calculated based
on such life expectancy reduced by one for each
calendar year which has elapsed since the calendar
year life expectancy was first calculated.
Distributions under this section are considered to
have begun if distributions are made on account of
the individual reaching his or her required
beginning date or if prior to the required
beginning date distributions irrevocably commence
to an individual over a period permitted and in an
annuity form acceptable under section 1.401(a) (9)
of the Regulations.
(g) The designated beneficiary may elect to receive
greater payments than those required under this
section. If there is more than one beneficiary,
the designated beneficiary will be that person
with the shortest life expectancy for the purposes
of determining the distribution period.
(h) For purposes of this Section, any amounts paid
to a minor child of the Owner will be treated as
having been paid to the surviving spouse if the
remainder of the IRA is payable to the surviving
spouse when the child attains the age of majority.
REPORTS
The issuer of an individual retirement annuity
will furnish annual calendar year reports
concerning the status of the annuity.
XX-XX-1009-04/95 3
