Ex-99.4(1)
MultiOption Advisor L Class [MINNESOTA LIFE LOGO]
Individual Variable Annuity
Fax 000.000.0000
Toll Free 0.000.000.0000
In Metro Area 651.665.4877
xxx.xxxxxxxxxxxxx.xxx
MINNESOTA LIFE INSURANCE COMPANY - Annuity Services
000 Xxxxxx Xxxxxx Xxxxx - Xx. Xxxx, Xxxxxxxxx 00000-0000
READ YOUR CONTRACT CAREFULLY - THIS IS A LEGAL CONTRACT
We promise to pay the benefits described by this contract subject to its
provisions. We make this promise and issue this contract in consideration of the
application for it and the receipt of a Purchase Payment. The Owner and the
Beneficiary are as named in the application unless they are changed as provided
for in this contract.
NOTICE OF YOUR RIGHT TO EXAMINE THIS CONTRACT FOR 20 DAYS
IT IS IMPORTANT TO US THAT YOU ARE SATISFIED WITH THIS CONTRACT. IF YOU ARE NOT
SATISFIED, YOU MAY RETURN THE CONTRACT TO US OR TO YOUR SALES REPRESENTATIVE
WITHIN 20 DAYS OF ITS RECEIPT. IF YOU EXERCISE THIS RIGHT, YOU WILL RECEIVE THE
CONTRACT VALUE OF THIS CONTRACT. WE WILL PAY THIS REFUND WITHIN 7 DAYS AFTER WE
RECEIVE YOUR NOTICE OF CANCELLATION.
Signed for Minnesota Life Insurance Company at St. Xxxx, Minnesota on the
Contract Date.
/s/ XXXXXX X. XXXXXXXXX /s/ XXXXXX X. XXXXXXX
Secretary President
ALL PAYMENTS AND VALUES PROVIDED BY THIS CONTRACT, WHEN BASED ON THE INVESTMENT
EXPERIENCE OF THE VARIABLE ACCOUNT, ARE VARIABLE AND NOT GUARANTEED AS TO FIXED
DOLLAR AMOUNT. THE VARIABLE ACCOUNT INFORMATION MAY BE FOUND ON PAGE 4.
AMOUNTS WITHDRAWN, SURRENDERED, APPLIED TO PROVIDE ANNUITY PAYMENTS, OR
TRANSFERRED FROM THE GUARANTEED TERM ACCOUNT PRIOR TO THE RENEWAL DATE MAY BE
SUBJECT TO A MARKET VALUE ADJUSTMENT. THE MARKET VALUE ADJUSTMENT MAY INCREASE
OR DECREASE THE VALUES AVAILABLE IN THIS CONTRACT.
- Flexible Payment Deferred Variable Annuity Contract
- Fixed or Variable Annuity Payment Benefits
- A Nonparticipating Contract
03-70084
CONTRACT INDEX
Alphabetical Index to the Provisions of Your Contract
Page
Allocation of Purchase Payments............................. 6
Amount Payable at Death..................................... 13
Annuity Payment Benefits.................................... 12
Annuity Payment Options..................................... 12
Assignment.................................................. 5
Beneficiary................................................. 2
Contract Charges............................................ 7
Contract Value.............................................. 9
Death Benefits.............................................. 13
Definitions................................................. 2
General Provisions.......................................... 4
Market Value Adjustment..................................... 8
Misstatement................................................ 4
Purchase Payments........................................... 6
Transfer Provisions......................................... 10
Xxxxxxxxxx and Surrender.................................... 11
MULTIOPTION ADVISOR L CLASS VARIABLE ANNUITY
YOUR CONTRACT INFORMATION - EFFECTIVE [05/01/2003]
CONTRACT NUMBER: [123456] CONTRACT DATE: [05/01/2003]
OWNER: [Xxxx Xxx] MATURITY DATE: 05/01/2053]
JOINT OWNER: JURISDICTION: [Your State]
ANNUITANT: [Xxxx Xxx] GENDER: [M] DATE OF BIRTH: [05/01/1968]
JOINT ANNUITANT: GENDER: DATE OF BIRTH:
PLAN: [Non-Qualified] INITIAL PURCHASE PAYMENT: [$25,000.00]
GENERAL ACCOUNT - CURRENT GUARANTEE PERIOD(S): [1 year]
GUARANTEED TERM ACCOUNT - CURRENT GUARANTEE PERIOD(S): [3,5,7, and 10 years]
GENERAL ACCOUNT AND GUARANTEED TERM ACCOUNT MINIMUM ANNUAL INTEREST RATE: 2.00% during the first 10 Contract
Years and 3.00% thereafter
VARIABLE ACCOUNT(S): Variable Annuity Account
Years Since Purchase Payment
----------------------------
DEFERRED SALES CHARGE: 0-1 1-2 2-3 3-4 4 and thereafter
--- --- --- --- ----------------
7% 7% 6% 6% 0%
The deferred sales charge is applied to Purchase Payments withdrawn or
surrendered from this contract.
TRANSFER CHARGE Current Maximum
------- -------
A charge deducted from the transfer amount when the frequency of transfer $ 0 $10
exceeds twelve per Contract Year.
CHARGES TO VARIABLE ACCOUNT
A daily charge deducted from any portion of the Contract Value allocated to the
Variable Account. The deduction is the daily equivalent of the annual percentage
shown below:
Administrative Charge: 0.15%
Mortality and Expense Risk Charge prior to Annuity Commencement: 1.35%
Mortality and Expense Risk Charge after Annuity Commencement: 1.20%
OPTIONAL RIDERS AND CHARGES
[None]
03-70084 Minnesota Life 1
DEFINITIONS ("DEFINITIONS")
ACCUMULATION UNIT
An accounting unit of measure used to calculate the value of a Sub-Account of
this contract before Annuity Payments begin.
ANNUITANT
The person you name on whose life Annuity Payments may be determined. An
Annuitant's life may also be used to determine the value of death benefits and
to determine the Maturity Date. The Annuitant must be the same as the Owner
except in situations where the Owner is other than a natural person such as a
trust, corporation, or similar entity, or where otherwise agreed to by us.
ANNUITY COMMENCEMENT DATE
The date on which Annuity Payments are elected to begin. This may be the
Maturity Date or a date you select prior to the Maturity Date.
ANNUITY PAYMENTS
A series of payments for one of the following periods of time: the life of the
Annuitant; the life of the Annuitant with a minimum number of payments; joint
lifetime and thereafter during the lifetime of the survivor; or, payments for a
designated period. Annuity Payments made at regular intervals are due and
payable on dates agreed upon between you and us.
ANNUITY UNIT
An accounting unit of measure used to calculate the value of Annuity Payments
under a variable Annuity Payment option.
ASSUMED INVESTMENT RETURN ("AIR")
The annual investment return used to determine the initial variable Annuity
Payment under this contract. One or more rates may be available for election at
the Annuity Commencement Date.
BENEFICIARY ("BENEFICIARY")
The person, persons or entity designated to receive any death benefit proceeds
payable on the death of any Owner prior to the Annuity Commencement Date; or to
receive any remaining annuity benefits payable on the death of the Annuitant
after the Annuity Commencement Date. Prior to the Annuity Commencement Date the
Beneficiary will be the first person on the following list who is alive on the
date of death: the Joint Owner (if any), the primary (class 1) Beneficiary, the
secondary (class 2) Beneficiary or, if none of the above is alive, to the
executor or administrator of your estate.
CONTRACT ANNIVERSARY
The same day and month as the Contract Date for each succeeding year of this
contract.
CONTRACT DATE
The effective date of this contract. It is also the date from which we determine
Contract Anniversaries and Contract Years.
CONTRACT VALUE
The sum of your values in the General Account, the Guarantee Periods of the
Guaranteed Term Account, and the Sub-Accounts of the Variable Account on any
Valuation Date prior to the Annuity Commencement Date.
CONTRACT YEAR
A period of one year beginning with the Contract Date or Contract Anniversary.
FUND
The mutual fund or separate investment portfolio within a series mutual fund
which is designated as an eligible investment for a Sub-Account of the Variable
Account.
GENERAL ACCOUNT
All assets of Minnesota Life other than those allocated to separate accounts
established by us. We have exclusive and absolute ownership of the assets of the
General Account.
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GUARANTEE PERIOD
A period of one or more years, for which the current interest rate is
guaranteed.
GUARANTEED TERM ACCOUNT
A non-unitized separate account providing Guarantee Periods of different
lengths. Amounts allocated to the Guarantee Periods of the Guaranteed Term
Account are credited with interest rates guaranteed by us for the entire
Guarantee Period. The assets of the Guaranteed Term Account are ours and are not
subject to claims arising out of any other business of ours.
JOINT ANNUITANT
The person named as Joint Annuitant on page one and who may receive lifetime
benefits with the Annuitant. Joint Annuitants will be considered a single
entity.
JOINT OWNER
If more than one Owner has been designated, each Owner shall be a Joint Owner of
the contract. Joint Owners have equal ownership rights and must both authorize
any exercising of those ownership rights unless otherwise permitted by us.
MARKET VALUE ADJUSTMENT ("MVA")
The adjustment made to any amount you withdraw, surrender, apply to provide
Annuity Payments, or transfer from the Guaranteed Term Account prior to the
Renewal Date. This adjustment may be positive or negative and reflects the
impact of changes in applicable interest rates between the time the Purchase
Payment, transfer, or renewal is allocated to the Guaranteed Term Account and
the time of the withdrawal, surrender, Annuity Payment election or transfer.
MATURITY DATE
The date this contract matures. The Maturity Date will be the first of the month
following the later of: (a) the Annuitant's 85th birthday; or (b) ten years
after the Contract Date.
OWNER
The person(s) who has (have) all rights under this contract. If your contract
names Joint Owners, Owner means both Joint Owners. Any named Owner must be under
the age of 91 as of your Contract Date. If your contract allows you to change
Owners after the contract is issued, any new Owners must be under the age of 91
at the time of change or addition.
PURCHASE PAYMENTS
Amounts paid to us as consideration for the benefits provided by this contract.
RENEWAL DATE
The first day following the last day of any Guarantee Period in the Guaranteed
Term Account. If this date is not a Valuation Date, the renewal will occur on
the next available Valuation Date.
SUB-ACCOUNT
The subdivisions of the Variable Account to which you may allocate your Purchase
Payments or transfers. The assets of the Sub-Accounts are invested in the
corresponding Funds.
SURRENDER VALUE
The amount payable to you on surrender of this contract. The Surrender Value is
equal to the Contract Value adjusted for any applicable MVA and deferred sales
charge.
TREASURY RATE
Treasury Rate means the weekly average of the U.S. Treasury Note Constant
Maturity Yield as reported in Federal Reserve Bulletin Release H.15.
VALUATION DATE
Any date on which a Fund is valued.
VALUATION PERIOD
The period between successive Valuation Dates.
03-70084 Minnesota Life 3
VARIABLE ACCOUNT
The separate investment account(s) named on page one and used for this class of
contracts under Minnesota law. The Variable Account is comprised of several
Sub-Accounts. The assets of the Variable Account are ours and are not subject to
claims arising out of any other business of ours.
WE, OUR, US
Minnesota Life Insurance Company.
WRITTEN REQUEST
A written notice, signed by you, in a form approved by or acceptable to us. In
some cases, we may require that this contract be sent in with your Written
Request.
YOU, YOUR
The person named as the Owner or Joint Owner on page 1.
GENERAL PROVISIONS ("GENERAL PROVISIONS")
ENTIRE CONTRACT
This contract, the copy of your application attached to it, and any amendments,
endorsements or riders contain the entire contract between you and us. Any
statements made in the application either by you or the Annuitant will, in the
absence of fraud, be considered representations and not warranties. Any
statement made either by you or the Annuitant will not be used to void this
contract or defend against a claim under this contract unless the statement is
contained in the application. We shall not be liable for any payment based upon
information given to us in error or not provided to us.
Any additional rider or agreement attached to this contract will become part of
this contract. It will be subject to the terms and conditions of this contract
unless we state otherwise in the rider or agreement.
MODIFICATION OF CONTRACT
Modifications to this contract or any waiver of our rights or requirements under
this contract can only be made by the written authorization of an officer of
Minnesota Life. No representative or other person has the authority to change or
waive any provisions of this contract. No modification will adversely affect
your rights under this contract unless the modification is made to comply with a
law or government regulation. You will have the right to accept or reject such a
modification.
CHANGE IN VARIABLE ACCOUNT OPERATION
At our election and subject to any necessary vote by persons having the right to
give instructions on the voting of the Fund shares held by the Sub-Accounts, the
separate account:
- may be operated as a management company under the Investment Company Act of
1940 or any other form permitted by law;
- may be de-registered under the Investment Company Act of 1940 in the event
registration is no longer required; or
- may be combined with one or more separate accounts.
We also reserve the right, subject to any applicable law, to make certain
changes including the right to add, eliminate, or substitute any Fund offered
under the contract. Substitution may be with respect to existing Contract
Values, future Purchase Payments and/or future Annuity Payments. No transfer of
assets from one separate account to another affecting Owners of contracts
delivered in a given state can be made except, where required, with the approval
of the Insurance Commissioner of that state.
REPORTS TO OWNERS
At least annually, we will send you a report that will show your Contract Value,
a summary of transactions, any fees or charges incurred since the last report,
and any other information that may be required. Values will be as of a date
within two months of its mailing.
MISSTATEMENT ("MISSTATEMENT") OF AGE OR SEX
If the age or sex of the Owner or Xxxxxxxxx has been misstated, we will adjust
the benefits and amounts payable
03-70084 Minnesota Life 4
under this contract to those that would have been paid based upon the corrected
age or sex. In the case of an overpayment, we may either deduct the required
amount from future payments under this contract; or, we may require you to pay
us the difference; or we may do both until we are fully repaid. In the case of
an underpayment, we will pay the difference in a lump sum.
PROOF OF AGE, SEX, OR SURVIVAL
We may require satisfactory proof of correct age and sex when Annuity Payments
begin. We have the right to require proof of the life or death of any person on
whose life or death determines whether, to whom, and how much we must pay any
benefits under this contract.
DELAY OF PAYMENTS
Generally, we will make payment within seven days from our receipt of the
Written Request in a form satisfactory to us. Payment of amounts from the
Variable Account may be delayed under certain circumstances. These include:
- a closing of the New York Stock Exchange other than on a regular holiday or
weekend;
- a trading restriction by the Securities and Exchange Commission; or
- an emergency declared by the Securities and Exchange Commission.
We reserve the right to delay payments or transfers from the General Account or
Guaranteed Term Account for up to six months.
BASIS OF VALUES
A detailed statement showing how values are determined has been filed with the
state insurance departments. All values and reserves for this contract are at
least equal to those required by the laws of the state in which this contract is
issued.
INCONTESTABILITY
We will not contest this contract.
ASSIGNMENT ("ASSIGNMENT")
Unless this contract provides otherwise, you may assign all rights to this
contract during the lifetime of the Annuitant. We will not be bound by any
assignment until we have recorded written notice of it at our home office. We
are not responsible for the validity of any assignment. An assignment will not
apply to any payment or action made by us before it was recorded.
Any proceeds payable to an assignee will be paid in a single sum. Any claim made
by an assignee will be subject to proof of the assignee's interest and the
extent of the assignment. If this contract is issued pursuant to a retirement
plan which receives favorable tax treatments under the provisions of Section
401, 403, 404, 408, 408A, or 457 of the Internal Revenue Code, then it may not
be assigned, pledged or otherwise transferred except under such conditions as
may be allowed under applicable law.
CLAIMS OF CREDITORS
To the extent permitted by law, no benefit provided by this contract will be
subject to any creditor's claim or process of law.
NON-PARTICIPATING
This contract is non-participating. No dividends will be paid under this
contract.
CONTRACT TERMINATION
This contract will terminate on the earliest of these conditions:
- you withdraw the entire Surrender Value;
- the Owner dies and any death benefit due has been paid;
- Annuity Payments cease.
We may, in our discretion, cancel a contract if you do not make any Purchase
Payments for a period of two or more full Contract Years and both (a) the total
Purchase Payments, less any withdrawals and associated charges, and (b) the
Contract Value are less than $2,000. If such a cancellation takes place, we will
pay the Contract Value to you.
03-70084 Minnesota Life 5
VOTING RIGHTS
If you have Variable Account accumulation or Annuity Units under this contract,
you may direct us with respect to the voting rights of Fund shares held by us
and attributable to this contract where shareholder approval is required by law.
PURCHASE PAYMENTS ("PURCHASE PAYMENTS")
FLEXIBLE PURCHASE PAYMENTS
Purchase Payments are credited to the contract on the Valuation Date coincident
with or next following the day they are received in our home office. If they are
received on a day that is not a Valuation Date, those amounts will be credited
on the next Valuation Date. Checks must be made payable to "Minnesota Life".
This is a flexible premium contract and you may choose when to make additional
Purchase Payments. You may make additional Purchase Payments at any time before
the Annuity Commencement Date, while the Owner is still living, and this
contract is in force. Additional Purchase Payments may not be made during
periods in which you are eligible for a withdrawal or surrender without charge
due to your confinement in a hospital or medical care facility or in the event
you are diagnosed with a terminal illness. Eligibility for these benefits is as
defined in the "Withdrawal and Surrender" section of this contract.
AUTOMATIC PAYMENT OPTIONS
We may permit you to establish an automatic payment plan providing your bank or
other financial institution consents to have your Purchase Payments
automatically withdrawn from your account and paid directly to us. We may also
permit your employer to remit Purchase Payments on your behalf.
PURCHASE PAYMENT LIMITATIONS
Total Purchase Payments may not exceed $5,000,000 for the same Owner or
Annuitant without our prior consent. No more than $250,000 may be allocated
between the General Account and the Guaranteed Term Account without our prior
consent. The initial Purchase Payment is shown on page one. Any subsequent
Purchase Payments must be at least $500. These minimums may not apply under
certain automatic or group payment plans that may be established and agreed to
by us.
DEDUCTIONS FROM PURCHASE PAYMENTS
Generally, there are no deductions made from the Purchase Payments. However, we
reserve the right to make a deduction from the Purchase Payments for state
premium taxes, where applicable.
ALLOCATION OF PURCHASE PAYMENTS ("ALLOCATION OF PURCHASE PAYMENTS")
Purchase Payments are allocated to the General Account, Guaranteed Term Account,
or the Sub-Accounts of the Variable Account as you direct. You may change your
allocation for future Purchase Payments by giving us written notice or by
telephone where permitted. Purchase Payments received with incomplete allocation
instructions will be returned in full if we cannot credit them within five
valuation days after receipt.
GENERAL ACCOUNT
Purchase Payments allocated to the General Account will be credited interest at
an annual rate at least equal to the guaranteed rate shown on page one. At our
discretion, we may offer different interest rates if you participate in an
automatic investment program. We also reserve the right to credit different
interest rates to values transferred to the General Account and to new Purchase
Payments.
GUARANTEED TERM ACCOUNT
The Guaranteed Term Account provides interest rate Guarantee Periods of
different lengths. The Guarantee Periods available on the Contract Date are
shown on page one. Interest will be credited at an annual rate at least equal to
the guaranteed rate shown on page one. Withdrawals, surrender, amounts applied
to provide Annuity Payments, and transfers from Guarantee Periods prior to the
Renewal Date may be subject to a Market Value Adjustment.
To the extent permitted by law, we reserve the right at any time to offer
Guarantee Periods that differ from those shown on page one. We also reserve the
right to stop accepting new Purchase Payments, transfers, or renewals for a
particular Guarantee Period.
03-70084 Minnesota Life 6
At the end of the Guarantee Period, you may elect the same Guarantee Period, if
available, at the then current interest rate, select a different Guarantee
Period, or transfer to the General Account or Sub-Accounts of the Variable
Account. The Guarantee Period for an allocation may not extend beyond the
Maturity Date.
If we do not receive instructions from you prior to the Renewal Date of each
Guarantee Period, we will select a Guarantee Period which will be the same as
the one which has just expired. The interest rate applicable to the new
Guarantee Period may be higher or lower than the interest rate that was credited
to the expired Guarantee Period. If, at the time of renewal, a Guarantee Period
of the same length is no longer available, we will select the next shortest
available Guarantee Period. If no Guarantee Period is available that meets these
criteria, we will allocate your value to the General Account.
VARIABLE ACCOUNT
The Variable Account is divided into Sub-Accounts. Each Sub-Account invests its
assets in a corresponding Fund at the Fund's net asset value. Purchase Payments
are allocated to Sub-Accounts in accordance with your instructions or with the
terms of this contract. They may also be allocated to any other Sub-Account that
may be established by us under the Variable Account for contracts of this class.
CONTRACT CHARGES ("CONTRACT CHARGES")
DEFERRED SALES CHARGE
The deferred sales charge may be assessed upon withdrawal or surrender of
Purchase Payments. It applies during the four-year period following the receipt
of each Purchase Payment. The amount withdrawn plus any deferred sales charge is
deducted from the Contract Value. The amount of the deferred sales charge is
determined from the percentages shown in the table below. For purposes of
determining the amount of deferred sales charge, Purchase Payments will be
withdrawn on a first-in, first-out basis.
Years Since Purchase Payment
----------------------------
Deferred Sales Charge: 0-1 1-2 2-3 3-4 4 and thereafter
--- --- --- --- ----------------
7% 7% 6% 6% 0%
The amount of the deferred sales charge is determined by: (a) calculating the
number of years each Purchase Payment being withdrawn has been in the contract;
(b) multiplying each Purchase Payment being withdrawn by the appropriate
deferred sales charge percentage from the table; and (c) adding the deferred
sales charge from all Purchase Payments calculated in (b).
WAIVER OF DEFERRED SALES CHARGE
The deferred sales charge will not apply to:
- Amounts payable as a death benefit.
- Amounts applied to provide Annuity Payments under an Annuity Payment
option.
- A withdrawal or surrender requested after the first Contract Anniversary if
you are confined to a hospital or medical care facility as defined in the
"Withdrawal and Surrender" section of this contract.
- A withdrawal or surrender requested after the first Contract Anniversary if
you are diagnosed with a terminal illness as defined in the "Withdrawal and
Surrender" section of this contract.
- A one-time withdrawal or surrender requested after the first Contract
Anniversary if you become unemployed as defined in the "Withdrawal and
Surrender" section of this contract.
- Amounts withdrawn to pay the transfer charge or periodic charges for
optional benefit riders.
- Amounts withdrawn in any Contract Year that are less than or equal to: 15%
of Purchase Payments not previously withdrawn and received by us during the
current Contract Year plus the greater of:
(a) Contract Value less Purchase Payments not previously withdrawn as of
the most recent Contract Anniversary; or
(b) 15% of the sum of Purchase Payments not previously withdrawn and
received by us within four years as of the most recent
Contract Anniversary.
- Amounts in excess of the free withdrawal described above, withdrawn in any
Contract Year to satisfy the IRS required minimum distribution for this
contract. Applicable contracts include those issued pursuant to a
retirement plan under the provisions of Section 401, 403, 404, 408, or 457
of the Internal Revenue Code.
03-70084 Minnesota Life 7
TRANSFER CHARGE
We reserve the right to deduct a transfer charge, not to exceed $10, for each
transfer when such transfer requests exceed twelve per Contract Year. If
applied, this charge will reduce the amount of your transfer.
MORTALITY AND EXPENSE RISK CHARGE
This charge compensates us for the risks we assume in providing mortality
guarantees under this contract and that deductions provided for in this contract
will be sufficient to cover our actual expenses. Actual results incurred by us
will not adversely affect any payments or values under this contract. The charge
is deducted from the Sub-Accounts of the Variable Account at the daily
equivalent of the annual rate shown on page one.
ADMINISTRATIVE CHARGE
The administrative charge compensates us for administrative expenses incurred by
us. The charge is deducted from the Sub-Accounts of the Variable Account at the
daily equivalent of the annual rate shown on page one.
MARKET VALUE ADJUSTMENT ("MARKET VALUE ADJUSTMENT")
MARKET VALUE ADJUSTMENT (MVA) CALCULATIONS
Amounts withdrawn, surrendered, applied to provide Annuity Payments, or
transferred from the Guarantee Periods of the Guaranteed Term Account prior to
their Renewal Date may be subject to a Market Value Adjustment. The MVA may
increase or decrease the value of the Guaranteed Term Account.
The MVA will be calculated by multiplying the amount withdrawn, surrendered,
applied to provide Annuity Payments, or transferred by the MVA factor. Amounts
will be withdrawn from each Guarantee Period of the Guaranteed Term Account on a
first-in, first-out, basis.
The MVA factor is equal to:
[(1+i)/(1+j+0.0025)](n/12) -1
where i = Treasury Rate for the week prior to the date of allocation into the
Guaranteed Term Account for a maturity equal to the Guarantee Period.
j = Treasury Rate for the week prior to the date of withdrawal,
surrender, application to provide Annuity Payments or transfer, with a
maturity equal to the number of whole months remaining in the Guarantee
Period.
n = the number of whole months remaining in the Guarantee Period.
If a Treasury Rate maturity is not available for the necessary period, we will
determine the rate by linear interpolation based on the Treasury Rates with
maturity closest to the period being measured. If Treasury Rates are no longer
available, we will use an appropriate rate approved by the Insurance Department
of the state having jurisdiction over this contract.
The amount of the MVA will never exceed, in a positive or negative direction,
the excess interest earned on the Guarantee Period from which the withdrawal,
surrender, amount applied to provide Annuity Payments, or transfer is to be
made. For this purpose, excess interest is defined as the dollar amount of
interest earned on each allocation into a Guarantee Period of the Guaranteed
Term Account in excess of interest earned based on the minimum guaranteed
interest rate shown on page one.
03-70084 Minnesota Life 8
WAIVER OF MARKET VALUE ADJUSTMENT
There will be no Market Value Adjustment in the following situations:
- Withdrawals, surrenders, amounts applied to provide Annuity Payments, or
transfers occurring within 30 days prior to or immediately following the
Renewal Date of each Guarantee Period.
- Amounts payable as a death benefit.
- Amounts withdrawn to pay periodic charges for optional benefit riders.
CONTRACT VALUE ("CONTRACT VALUE")
DETERMINATION OF CONTRACT VALUE
Your Contract Value is the sum of your values, determined separately for the
General Account, each Guarantee Period of the Guaranteed Term Account, and for
each Sub-Account of the Variable Account on any Valuation Date prior to the
Annuity Commencement Date.
In the General Account, your value is the sum of all Purchase Payments and
transfers allocated to the General Account plus interest, less any transfers,
withdrawals, or amounts applied to provide Annuity Payments from the General
Account, and any previously applied deferred sales charge or fees.
In the Guaranteed Term Account, your value is the Purchase Payment or Contract
Value allocated to each Guarantee Period plus interest, less any transfers,
withdrawals, or amounts applied to provide Annuity Payments from that Guarantee
Period, and any previously applied deferred sales charge, fees, and MVAs.
We will credit interest on values in the General Account and Guaranteed Term
Account on a daily basis. Interest will be credited from the Valuation Date on
which a Purchase Payment is applied or values are transferred into the General
or Guaranteed Term Account until the date of withdrawal, surrender, transfer or
application to provide Annuity Payments.
In the Variable Account, your value in each Sub-Account is the current number of
your Accumulation Units multiplied by the Accumulation Unit value.
ACCUMULATION UNITS
The number of Accumulation Units credited with respect to each Purchase Payment
or transfer is determined by dividing the portion of the Purchase Payment or
transfer, respectively, allocated to each Sub-Account by the then current
Accumulation Unit value for that Sub-Account. Once determined, the number of
Accumulation Units will not be affected by changes in the Accumulation Unit
value. However, the total number of Accumulation Units for a Sub-Account will be
affected by future contract transactions including that Sub-Account. Subsequent
Purchase Payments and transfers to each Sub-Account will increase the units of
that Sub-Account. Deductions for periodic charges for optional rider benefits,
deferred sales charge, and transfers, withdrawals, or amounts applied to provide
Annuity Payments, from each Sub-Account will decrease the units of that
Sub-Account.
The Accumulation Unit value may increase or decrease on each Valuation Date. The
amount of any increase or decrease will depend on the net investment experience
of the Sub-Account of the Variable Account during the Valuation Period. The
value of an Accumulation Unit for each Sub-Account is set to an initial value
(e.g., $1.00) on the first Valuation Date. For any subsequent Valuation Date,
its value is equal to its value on the preceding Valuation Date multiplied by
the net investment factor for that Sub-Account for the Valuation Period ending
on the subsequent Valuation Date.
NET INVESTMENT FACTOR
The net investment factor for a Valuation Period is the gross investment rate
for such Valuation Period, less a deduction for the charges to the Variable
Account including any applicable optional benefit riders as shown on page one.
The gross investment rate is equal to:
(a) the net asset value per share of a Fund share held in the Sub-Account of
the Variable Account determined at the end of the current Valuation Period;
plus
(b) the per-share amount of any dividend or capital gain distributions by the
Fund if the "ex-dividend" date occurs during the current Valuation Period;
divided by
03-70084 Minnesota Life 9
(c) the net asset value per share of that Fund share held in the Sub-Account
determined at the end of the preceding Valuation Period.
TRANSFERS
GENERAL TRANSFER INFORMATION
A transfer is a reallocation of amounts under this contract between the General
Account, one or more Guarantee Periods of the Guaranteed Term Account, and the
Sub-Accounts of the Variable Account subject to the limitations described below.
You may make transfers by Written Request or, where permitted, by telephone.
TRANSFER PROVISIONS ("TRANSFER PROVISIONS") BEFORE ANNUITY COMMENCEMENT
You may transfer values from the General Account to any Guarantee Periods of the
Guaranteed Term Account then being offered. You may also transfer to the
Sub-Accounts of the Variable Account. Such transfers are limited to once per
Contract Year and to no more than 20% of the General Account Contract Value as
of the date of transfer. At our discretion, we may waive this limit for
systematic investment programs.
Transfers from the Guarantee Periods of the Guaranteed Term Account may be made
to the General Account, any Guarantee Period of the Guaranteed Term Account then
being offered, or to any Sub-Account of the Variable Account. Such transfers
will be subject to a Market Value Adjustment as described in the section of this
contract titled "Market Value Adjustment".
You may make transfers among Sub-Accounts of the Variable Account or from the
Variable Account to the General Account or to any Guarantee Periods of the
Guaranteed Term Account then being offered. We will make the transfer based on
the Accumulation Unit values on the Valuation Date coincident with or next
following the day we receive the request at our home office.
Transfers may be subject to a transfer charge as described in the section of
this contract titled "Contract Charges". Transfers into the General Account or
Guaranteed Term Account require our prior consent if the combined resulting
value in the General Account and Guaranteed Term Account after the transfer is
greater than $250,000.
TRANSFER PROVISIONS AFTER ANNUITY COMMENCEMENT
During the Annuity Payment period, amounts held as annuity reserves may be
transferred among the variable Sub-Accounts or to the General Account to provide
a fixed Annuity Payment. Amounts held as reserves for the payment of fixed
Annuity Payments may not be transferred to the variable Sub-Accounts.
Unless otherwise agreed to by us, we require transfers during the Annuity
Payment period to meet the following conditions:
- The transfer of an annuity reserve amount from any Sub-Account must be at
least equal to $1,000, or the entire amount of the reserve remaining in
that Sub-Account, if less.
- Transfers are limited to one per Contract Year.
- We must receive a Written Request, signed by the Annuitant and Joint
Annuitant, if any, at least 30 days in advance of the date of the Annuity
Payment subject to the transfer.
When you request a transfer, it will be effective for future Annuity Payments.
Your transfer will occur as of the Annuity Payment Valuation Date prior to the
next Annuity Payment affected by your request. We will use the same valuation
procedures that we describe to determine an initial variable Annuity Payment or
fixed Annuity Payment. Your Annuity Payment option will remain the same.
Transfers among Sub-Accounts of the Variable Account will be made on the basis
of Annuity Unit values. The number of Annuity Units from the Sub-Account being
transferred will be converted to a number of Annuity Units in the new
Sub-Account. After this conversion, a number of Annuity Units in the new
Sub-Account will be payable under the elected option. The first payment after
conversion will be of the same dollar amount as it would have been without the
transfer. The number of Annuity Units will be set at that number of units which
are needed to pay that same amount on the transfer date.
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Transfers to the General Account to provide a fixed Annuity Payment will be
based upon the adjusted age of the Annuitant and any Joint Annuitant at the time
of the transfer.
XXXXXXXXXX AND SURRENDER ("XXXXXXXXXX AND SURRENDER")
WITHDRAWAL PROVISIONS
At any time before Annuity Payments begin, you may request a partial withdrawal
from the Contract Value. You must make a Written Request for any withdrawals.
The amount of any withdrawal must be for at least $250. We may treat any partial
withdrawal that leaves a Contract Value of less than $1,000 as a complete
surrender of the contract.
In the event of a withdrawal, the Contract Value will be reduced by the amount
requested and any applicable deferred sales charge. In addition, withdrawals
from any of the Guarantee Periods of the Guaranteed Term Account may be subject
to a Market Value Adjustment which may increase or decrease the amount of the
withdrawal. The amount withdrawn may also reflect any required or requested
federal and/or state income tax withholding.
Unless otherwise instructed by you, withdrawals will be made from your values in
the General Account, each Guarantee Period of the Guaranteed Term Account, and
each Sub-Account of the Variable Account on a pro-rata basis relative to your
Contract Value. Amounts withdrawn from the General Account and the Guaranteed
Term Account will be withdrawn on a first-in, first-out basis. Withdrawal values
will be determined as of the Valuation Date coincident with or next following
the date your Written Request is received at our home office.
CONTRACT SURRENDER
At any time before Annuity Payments begin, you may surrender this contract for
its Surrender Value. The Surrender Value will be determined as of the Valuation
Date coincident with or next following the date your Written Request is received
at our home office.
UNEMPLOYMENT WAIVER
At any time after the first Contract Anniversary the deferred sales charge will
be waived for a single withdrawal or surrender of your contract if you become
unemployed. To exercise this benefit, you must apply within 180 days of receipt
of your first unemployment compensation payment. You must provide us with proof,
satisfactory to us, that you have been receiving unemployment benefits for at
least 60 consecutive days. You may also be required to provide proof of your
full-time employment (at least 30 hours per week) as of your Contract Date.
If the Owner, or Annuitant in the case of a contract owned by a non-natural
person, is changed in accordance with the provisions of this contract, a
one-year waiting period will apply before the new Owner or Annuitant is eligible
for this benefit.
HOSPITAL, MEDICAL CARE AND TERMINAL ILLNESS WAIVERS
Deferred sales charge will not apply when:
- A withdrawal or surrender is requested any time after the first Contract
Anniversary if you are confined to a hospital or medical care facility for
at least 90 consecutive days. The request must be made while you are still
confined or within 60 days after the discharge from a hospital or medical
care facility after a confinement of at least 90 consecutive days. Medical
care facility means a facility operated pursuant to law or any state
licensed facility providing medically necessary inpatient care which is:
(a) prescribed by a licensed Physician in writing; and (b) based on
physical limitations which prohibit daily living in a non-institutional
setting.
- A withdrawal or surrender is requested any time after the first Contract
Anniversary if you are diagnosed with a terminal illness. Terminal illness
is a condition: (a) diagnosed by a licensed Physician; and (b) expected to
result in death within 12 months.
For purposes of these provisions, we must receive due proof, satisfactory to us,
of your confinement or terminal illness in writing. These provisions will not
apply to any withdrawal taken prior to the date we receive satisfactory proof.
Physician means: (a) a licensed medical doctor (MD) or a licensed doctor of
osteopathy (DO) practicing within the scope of his or her license; and (b) not
you, the Annuitant or a member of either the Annuitant's or your immediate
family. If the Owner, or Annuitant in the case of a contract owned by a
non-natural person, is changed subject to the provisions of this contract, a
one-year waiting period will apply before the new Owner or Annuitant is eligible
for this benefit.
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ANNUITY PAYMENT BENEFITS ("ANNUITY PAYMENT BENEFITS")
ANNUITY COMMENCEMENT DATE
Annuity Payments begin on the Maturity Date shown on page one of this contract,
or on the Annuity Commencement Date, if earlier. If you wish to change the
Annuity Commencement Date, you must notify us in writing at least 30 days before
Annuity Payments are to begin.
ELECTION OF ANNUITY PAYMENT OPTION
You may elect, by Written Request, any one of the Annuity Payment options
described below or any Annuity Payment option offered by us at the time of your
election. Annuity Payments will be payable on a monthly basis unless otherwise
agreed to by us. The Annuity Payment option may not be changed on or after the
Annuity Commencement Date. If no election is provided, Annuity Payments will be
made on the basis of option 2A, a life annuity with a period certain of 120
months.
The following Annuity Payment options ("Annuity Payment Options") are available:
Option 1 - Life Xxxxxxx - Xxxxxxx Payments payable for the lifetime of the
Annuitant, ending with the last payment due prior to the Annuitant's death.
Option 2 - Life Annuity with a Period Certain - Annuity Payments payable for the
lifetime of the Annuitant; provided, if the Annuitant dies before payments have
been made for the entire period certain, those remaining certain payments will
be made to the Beneficiary. The period certain may be for 120 months (Option
2A); for 180 months (Option 2B); or for 240 months (Option 2C).
Option 3 - Joint and Last Survivor - Annuity Payments payable for the joint
lifetimes of the Annuitant and designated Joint Annuitant. The payments end with
the last payment due before the survivor's death. If this option is elected, the
contract and payments shall be the joint property of the Annuitant and the
designated Joint Annuitant.
Option 4 - Fixed Period - Annuity Payments payable for a fixed period of ten to
twenty years. If the Annuitant dies before all payments for the fixed period are
received, payments will continue for the remainder of the fixed period to the
Beneficiary.
ANNUITY CALCULATION AND PAYMENT DATES
The annuity calculation date will be no more than five valuation days prior to
the Annuity Commencement Date. You may elect variable Annuity Payments, fixed
dollar Annuity Payments, or a combination of fixed and variable Annuity
Payments. The amount available for Annuity Payments is the Contract Value
adjusted for any applicable Market Value Adjustment in the Guaranteed Term
Account and any applicable premium tax not previously deducted from Purchase
Payments.
If you elect variable Annuity Payments, the amount available for Annuity
Payments, as described above, is applied to your selected Sub-Accounts. If you
elect fixed dollar Annuity Payments, the amount available for Annuity Payments,
as described above, will be applied to the General Account. Without our prior
consent, the maximum amount that may be applied under this contract for a fixed
dollar Annuity Payment is $1,000,000.
If, when Annuity Payments are elected, we are using tables of annuity purchase
rates for this class of contracts that would result in a larger Annuity Payment
than those shown in this contract, we will base the payments on those tables
instead.
FIXED ANNUITY PAYMENTS
The tables in Appendix A show the amount of guaranteed monthly fixed Annuity
Payment that can be provided with each $1,000 of available value. The dollar
amount of each payment depends upon the Annuity Payment option selected, the
adjusted age of any Annuitant and Joint Annuitant, and the amount applied.
VARIABLE ANNUITY PAYMENTS
The tables in Appendix B show the amount of the first monthly variable Annuity
Payment that can be provided with each $1,000 of available value. The dollar
amount of the first payment depends upon the Annuity Payment option selected,
the adjusted age of any Annuitant and Joint Annuitant, the amount applied, and
the Assumed Investment Return.
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A number of Annuity Units are determined by dividing this dollar amount by the
then current Annuity Unit value. This determination is made separately for each
Sub-Account of the Variable Account. The number of Annuity Units remains
unchanged during the period of Annuity Payments, except for transfers and in the
case of certain joint Annuity Payment options that provide for a reduction in
payment after the death of an Annuitant.
The dollar amount of the second and later variable Annuity Payments is equal to
the number of Annuity Units determined for each Sub-Account multiplied by the
annuity unit value for that Sub-Account. The payment amount may increase or
decrease. The dollar amount determined for each Sub-Account will be aggregated
for purposes of making payment.
ANNUITY UNIT VALUE
The value of an Annuity Unit for each Sub-Account of the Variable Account will
vary to reflect the investment experience of the applicable Funds. It will be
determined by multiplying:
(a) the value of the Annuity Unit for that Sub-Account as of the preceding
Valuation Date by
(b) the net investment factor for that Sub-Account for the Valuation Date for
which the Annuity Unit value is being calculated; and by
(c) a factor that neutralizes the Assumed Investment Return
MINIMUM PAYMENT
The first payment must be at least equal to the minimum payment amount according
to our rules then in effect. If at any time, payments become less than the
minimum payment amount, we have the right to change the payment frequency to
meet the minimum payment requirements. If any payment amount is less than the
minimum annual payment amount, we may make an alternative arrangement with you.
DEATH BENEFITS ("DEATH BENEFITS")
AMOUNT PAYABLE AT DEATH ("ANNUITY PAYMENT AT DEATH") PRIOR TO THE ANNUITY
COMMENCEMENT DATE
If any Owner dies before Annuity Payments begin, we will pay the death benefit
of this contract to the Beneficiary. If the Owner of this contract is other than
a natural person, such as a trust or other similar entity, we will pay the death
benefit to the Beneficiary on the death of the Annuitant. The entire value of
the contract must be distributed within five years from the date of death except
as otherwise provided for below.
The Guaranteed Minimum Death Benefit will be the greater of:
(a) the Contract Value; or
(b) the sum of Purchase Payments adjusted pro-rata for any amounts previously
withdrawn.
The value of the death benefit will be determined as of the Valuation Date
coincident with or next following the day we receive due proof of death at our
home office. Any amounts due as a death benefit in excess of the Contract Value
will be directed into the General Account, Guaranteed Term Account, or the
Sub-Accounts of the Variable Account based on the same proportion that each
bears in the Contract Value on the date the benefit is calculated in fulfillment
of the death benefit provisions of the contract.
We will pay the death benefit in a single sum unless another form of settlement
has been requested and agreed to by us as of the date we receive all information
necessary to make payment.
If any portion of the death benefit is payable to your designated Beneficiary
who is not your surviving spouse, that Beneficiary may elect an Annuity Payment
option measured by a period not longer than that Beneficiary's life expectancy.
Annuity Payments must begin no later than one year after your death.
If any portion of the contract interest is payable to your designated
Beneficiary who is your surviving spouse, the surviving spouse shall be treated
as the contract Owner for purposes of: (a) when payments must begin; and (b) the
time of distribution in the event of death. If a surviving spouse elects to
assume his or her deceased spouse's contract, there may be an adjustment to the
Contract Value in the form of a death benefit for the death of the original
Owner. The death benefit may only be exercised at the death of the original
Owner and at the death of the first surviving spouse.
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AMOUNT PAYABLE AT DEATH ON OR AFTER THE ANNUITY COMMENCEMENT DATE
If the Annuitant dies after Annuity Payments begin, payments will be made
according to the terms of the Annuity Payment option selected. Under Option 2
and 4, the Beneficiary may elect to have the present value of the remaining
period certain payments (commuted value) paid in a lump sum. The commuted value
will be based on the then current dollar amount of one payment and the same
interest rate that served as a basis for the annuity. The remaining value in the
contract must be distributed at least as rapidly as under the Annuity Payment
option in effect as of the Annuitant's death.
PROOF OF DEATH
Proof of any claim under this contract, satisfactory to us, must be submitted in
writing to us at our home office. Generally, we require a certified death
certificate as proof of death. However, in the event that a certified death
certificate is unavailable, we may accept one of the following:
(a) A copy of a certified death certificate.
(b) A copy of a certified decree of a court of competent jurisdiction as to the
finding of death.
(c) A written statement signed by a medical doctor who attended the deceased at
the time of death.
(d) Any other written proof satisfactory to us.
BENEFICIARIES
The death benefit will be payable to the Beneficiary or Beneficiaries as named
in the application for this contract unless subsequently changed by you. To
change the Beneficiary, you must submit a Written Request to us. Such a request
will not be effective until it is recorded in our home office records. After it
has been recorded, it will take effect as of the date you signed the request.
However, it will not apply to any death benefits paid prior to the request being
recorded in our home office records.
Unless you designate otherwise, if a Beneficiary dies, his/her interest in this
contract ends with their death. Only those Beneficiaries who survive will be
eligible to share in a death benefit. If no Beneficiary survives you, we will
pay the death benefit of this contract to the executors or administrators of
your estate.
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Minnesota Life Insurance Company, a stock company, is a subsidiary of Minnesota
Mutual Companies, Inc., a mutual insurance holding company. You are a member of
Minnesota Mutual Companies, Inc. which holds its annual meetings on the first
Tuesday in March of each year at 3:00 p.m. local time. The meetings are held at
000 Xxxxxx Xxxxxx Xxxxx, Xx. Xxxx, Xxxxxxxxx 00000-0000.
- Flexible Payment Deferred Variable Annuity Contract
- Fixed or Variable Annuity Payment Benefits
- A Nonparticipating Contract
[MINNESOTA LIFE LOGO]
Minnesota Life Insurance Company
000 Xxxxxx Xxxxxx Xxxxx
Xx. Xxxx, XX 00000-0000
