CONTRACT DATA PAGE
Exhibit 4 |
First Great-West Life & Annuity Insurance Company |
FLEXIBLE PREMIUM VARIABLE ANNUITY |
PLEASE READ THIS ANNUITY CONTRACT CAREFULLY. |
ALL PAYOUTS AND VALUES BASED ON THE INVESTMENT EXPERIENCE OF THE ANNUITY ACCOUNT VALUE ARE VARIABLE, MAY INCREASE OR DECREASE ACCORDINGLY, AND ARE NOT GUARANTEED AS TO AMOUNT. THE ANNUITY ACCOUNT WILL INCREASE OR DECREASE IN VALUE BASED UPON INVESTMENT RESULTS. THE SMALLEST ANNUAL RATE OF INVESTMENT RETURN WHICH WOULD HAVE TO BE EARNED ON THE ASSETS OF THE SEPARATE ACCOUNT SO THAT THE DOLLAR AMOUNT OF VARIABLE ANNUITY PAYOUTS WILL NOT DECREASE IS 5.65% (IF DEATH BENEFIT OPTION 1) AND 5.85% (IF DEATH BENEFIT OPTION 2). A 10% FEDERAL TAX PENALTY MAY APPLY IF A SURRENDER, WITHDRAWAL, OR DISTRIBUTION IS TAKEN PRIOR TO THE TAXPAYER’S ATTAINMENT OF AGE 59 1/2. RIGHT
OF CANCELLATION IF NOT SATISFIED WITH THE CONTRACT, RETURN IT TO FGWL&A OR THE ANNUITY SERVICE CENTER WITHIN 10 DAYS OF RECEIVING IT. THE CONTRACT WILL BE VOID FROM THE START, AND FGWL&A WILL REFUND THE GREATER OF: 1) CONTRIBUTIONS (LESS ANY WITHDRAWALS AND DISTRIBUTIONS TAKEN DURING THE FREE LOOK PERIOD); OR 2) THE ANNUITY ACCOUNT VALUE.
FLEXIBLE PREMIUM
VARIABLE ANNUITY. Signed for First Great-West Life & Annuity Insurance Company on the issuance of this Contract. |
[Xxxxxxx
Xxxxxxx,] [Secretary] |
[X.X.
XxXxxxxx,] [President and Chief Executive Officer] |
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CONTRACT DATA PAGE | ||||||
ANNUITY INFORMATION | OWNER INFORMATION | |||||
Annuity Contract Number: | [1234567] | Owner: | [XXXX X. XXX] | |||
Effective Date: | [March 1, 2004] | Date of Birth: | [April 1, 1969] | |||
Status of Annuity: | Non-Qualified | Tax ID Number: | [000-00-0000] | |||
Initial Contribution: | [$50,000] | Joint Owner: | [XXXX X. XXX] | |||
Annuity Commencement Date: | [March 1, 2014] | Date of Birth: | [November 12, 1973] | |||
Tax ID Number: | [###-##-####] | |||||
ANNUITANT INFORMATION | Contingent Annuitant: [XXXXX X. XXX] | |||||
Annuitant: | [XXXX X. XXX] | Date of Birth: | [June 6, 1989] | |||
Date of Birth: | [March 22, 1967] | Tax ID Number: | [###-##-####] | |||
Tax ID Number: | [###-##-####] | |||||
BENEFICIARY INFORMATION | ||||||
Beneficiary: | [Xxxxx Xxxxx] | |||||
Date of Birth: | [January 17, 1981] | |||||
Tax ID Number: | [###-##-####] | |||||
Contingent Beneficiary: | [Xxxxx Xxxxx] | |||||
Date of Birth: | [January 17, 1981] | |||||
Tax ID Number: | [###-##-####] |
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CHARGES AND DEATH BENEFIT INFORMATION |
DEATH BENEFIT: The Owner has elected Death Benefit Option 1: Return of Annuity Account Value. As described in the Death Benefit Provisions, the Death Benefit payable under this Contract will be equal to the Annuity Account Value as of the date the Request for payout is received. CHARGES: Mortality and Expense Risk Charge for Death Benefit Option 1: .65% |
OR |
DEATH BENEFIT: The Owner has elected Death Benefit Option 2: Guaranteed Minimum Death Benefit. As described in the Death Benefit Provisions, the Death Benefit payable under this Contract will be the greater of: |
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the Annuity Account
Value as of the date the Request for payment is received, less Premium Tax,
if any; or
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the sum of
Contributions applied to the Contract as of the date the Request for
payment is received, less partial withdrawals, periodic withdrawals and
Premium Tax, if any.
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CHARGES:
Mortality and Expense Risk Charge for Death Benefit Option
2: .85%
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CONTRACT INFORMATION |
This Contract Data Page, together with the Initial Premium Allocation Confirmation, reflects the information with which your Contract has been established as of the Effective Date. If any information on this page needs to be changed or corrected, please contact the Annuity Service Center as identified in the prospectus. |
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Table of Contents | Page |
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CONTRACT DATA | 1 | ||
Section 1 | DEFINITIONS | 3 | |
Section 2 | OWNERSHIP AND BENEFICIARY PROVISIONS | 5 | |
Section 3 | CONTRIBUTIONS | 7 | |
Section 4 | ACCOUNT VALUE PROVISIONS | 8 | |
Section 5 | TRANSFERS PROVISIONS | 9 | |
Section 6 | DEATH BENEFIT PROVISIONS | 10 | |
Section 7 | SURRENDERS AND PARTIAL WITHDRAWALS | 12 | |
Section 8 | GENERAL PROVISIONS | 13 | |
Section 9 | PAYOUT OPTIONS | 15 | |
Section 1: | Definitions |
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Accumulation Period - the time period between the Effective Date and the Annuity Commencement Date. Accumulation Unit - an accounting measure used to determine the Annuity Account Value before the date annuity payouts commence. Annuitant - the person named in the application and in the Contract Data Page upon whose life the payout of an annuity is based and who will receive annuity payouts. If a Contingent Annuitant is named, then the Annuitant will be considered the primary Annuitant. Annuity Account - an account that reflects the total value of the Owner’s Sub-Accounts. Annuity Account Value - the sum of the values of the Sub-Accounts credited to the Owner under the Annuity Account. The Annuity Account Value is credited with a return based upon the investment experience of the Investment Division(s) selected by the Owner and will increase or decrease accordingly. Annuity Commencement Date – the date annuity payouts begin. Annuity Payout Period - the period beginning on the Annuity Commencement Date and continuing until all annuity payouts have been made under this Contract. Annuity Service Center – P.O. Box 173920, Denver, CO, 80217-3920. The toll-free telephone number is 0-000-000-0000. The Annuity Service Center may also be contacted via e-mail and the internet as identified in the prospectus. Annuity Unit - an accounting measure used to determine the dollar value of any variable annuity payout after the first annuity payout is made. |
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Automatic Bank Draft Plan - a plan provided to the Owner to allow for automatic payment of Contributions. The Contribution amount will be withdrawn from a pre-authorized account and automatically credited to the Annuity Account. Beneficiary - the person(s) designated by the Owner to receive death proceeds which may become payable upon the death of an Owner or the Annuitant. If the surviving spouse of an Owner is the surviving Joint Owner, the surviving spouse will be deemed to be the Beneficiary upon such Owner’s death and may take the death benefit or elect to continue this Contract in force. The Beneficiary is shown on the Contract Data Page unless later changed by the Owner. Contingent Annuitant - the person named in the application who will become the Annuitant upon the death of the primary Annuitant. The Contingent Annuitant is the person named in the Contract Data Page, unless later changed by Request while the primary Annuitant is alive and before annuity payouts have commenced. Contingent Beneficiary - the person designated by the Owner to become the Beneficiary when the primary Beneficiary dies. Contract - the document issued to the Owner which specifies the rights and obligations of the Owner. Contributions - purchase amounts received and allocated to the Owner’s annuity prior to any Premium Tax or other deductions. Effective Date - the date on which the first Contribution is credited to the Annuity Account. First Great-West Life & Annuity Insurance Company (FGWL&A) - the issuer and underwriter of this Contract. The Home Office is located at 00 Xxxx Xxxxxx, Xxxxx Xxxxxx, XX, 00000. The Administrative Service Office is located at P.O. Box 173921, Denver, CO, 80217-3921. Home Office – The principal office of GWL&A located at 0000 Xxxx Xxxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxx, 00000, or an institution designated by GWL&A. Non-qualified Annuity Contract - an annuity Contract which is not intended to be a part of a qualified retirement plan and is not intended to satisfy the requirements of Section 408 of the Internal Revenue Code of 1986, as amended. This Contract may only be issued as a Non-qualified Annuity Contract. Owner (Joint Owners) - the person or persons named on the Contract Data Page. The Owner is entitled to exercise all rights and privileges under the Contract while the Annuitant is living. Joint Owners must be one another’s spouse as of the Effective Date. The Annuitant will be the Owner unless otherwise indicated in the application. Payout Commencement Date - the date on which annuity payouts or periodic withdrawals begin under a payout option. If a Payout Commencement Date is not shown on the Contract Data Page, annuity payouts will begin on the Annuitant’s 90th birthday. The Payout Commencement Date may be changed by the Owner prior to commencement of annuity payouts or it may be changed by the Beneficiary upon death of an Owner. Portfolio - a registered management investment company, or portfolio thereof, in which the assets of the Series Account may be invested. Premium Tax - the amount of tax, if any, charged by a state or other governmental authority. Premium Tax will be deducted from Contributions or the Annuity Account Value when incurred by FGWL&A or at another time of FGWL&A’s choosing. |
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Proportional Withdrawals – a partial or periodic withdrawal made by the Owner that reduces the Annuity Account Value measured as a percentage of each prior withdrawal against the Annuity Account Value on the Transaction Date the partial or periodic withdrawal is taken. A Proportional Withdrawal is determined by calculating the percentage the withdrawal represents of the Annuity Account Value at the time the withdrawal was made. This percentage is applied to the total Contributions less any adjustments for prior Proportional Withdrawals. For example, a partial withdrawal of 75% of the Annuity Account Value represents a Proportional Withdrawal of 75% of the total Contributions for purposes of calculating the Death Benefit. Request - any instruction in a form, written, telephoned, electronic or computerized, satisfactory to FGWL&A and received at the Annuity Service Center (or other service center subsequently named) from the Owner or the Owner’s designee (as specified in a form acceptable to FGWL&A) or the Beneficiary, (as applicable) as required by any provision of this Contract or as required by FGWL&A. The Request is subject to any action taken or payout made by FGWL&A before it was processed. Series Account - the segregated investment account established by FGWL&A under New York law and registered as a unit investment trust under the Investment Company Act of 1940, as amended. Sub-Account - a division of the Series Account containing the shares of a Portfolio. There is a Sub-Account for each Portfolio. Surrender Value - will be equal to the Annuity Account Value on the Transaction Date of the surrender less Premium Tax, if any. Transaction Date - the date on which any Contribution, Transfer or other Request from the Owner will be processed. Contributions and Requests received after 4:00 p.m. EST/EDT will be deemed to have been received on the next business day. Requests will be processed and the Annuity Account Value will be valued on each day that the New York Stock Exchange is open for trading. Transfer - the moving of money from and among the Sub- Account(s). Valuation Date - the date on which the net asset value of each Portfolio is determined. Valuation Period - the period between two successive Valuation Dates. |
Section 2: | Ownership and Beneficiary Provisions |
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2.01
RIGHTS OF OWNER 2.02
BENEFICIARY 2.03
CONTINGENT BENEFICIARY The interest of any Beneficiary who dies before the Owner or the Annuitant will terminate at the death of the Beneficiary and the Contingent Beneficiary will become the Beneficiary. |
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2.04
DESIGNATION OF BENEFICIARY 2.05
CHANGE OF BENEFICIARY If an Owner dies before the date the Request was processed, the change will take effect as of the date of the Request, unless FGWL&A has already made a payout or has otherwise taken action on a designation or change before receipt or processing of such Request. A Beneficiary designated irrevocably may not be changed without the written consent of that Beneficiary, except to the extent required by law. 2.06
DEATH OF BENEFICIARY 2.07
SUCCESSIVE BENEFICIARIES 2.08
ANNUITANT 2.09
CONTINGENT ANNUITANT 2.10
CHANGE OF OWNERSHIP 2.11
COLLATERAL ASSIGNMENT |
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A copy of any assignment must be submitted to FGWL&A at the Annuity Service Center. Any assignment is subject to any action taken or payout made by FGWL&A before the assignment was processed. FGWL&A is not responsible for the validity of any assignment. An assignment, pledge or agreement to assign or pledge any portion of the Annuity Account Value generally will be treated as a distribution. It is recommended that a competent tax adviser be consulted prior to making such a change to this Contract. 2.12
OWNERSHIP OF SERIES ACCOUNT |
Section 3: | Contributions |
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3.01
EFFECTIVE DATE 3.02
CONTRIBUTIONS At any time after the Effective Date and during the lifetime of the Annuitant, before the Payout Commencement Date, the Owner may make additional Contributions. The minimal initial contribution is $5,000. The minimum amount accepted after the initial Contribution is $500 except subsequent payments made via an Automatic Bank Draft Plan have a minimum of $100 per month. Total Contributions while this Contract is in force may exceed $1,000,000 with prior approval from FGWL&A. FGWL&A may modify these limitations. If a purchase payment is cancelled or if a check for a Contribution is returned due to insufficient funds, the Owner will be responsible for any losses or fees imposed by the bank and losses that may be incurred as a result of any decline in the value of the cancelled purchase. FGWL&A reserves the right to refrain from allocating Contributions to the selected Sub-Accounts until notification is received that the check for the Contribution has cleared. 3.03
ALLOCATION OF CONTRIBUTIONS If the Contract is returned during the Free Look Period, it will be void from the start, and FGWL&A will refund the greater of: 1) Contributions (less any withdrawals and distributions taken during the Free Look Period); or 2) the Annuity Account Value. After the Free Look Period, subsequent Contributions will be allocated in the Annuity Account as Requested by the Owner. If there are no accompanying instructions, then allocations will be made in accordance with standing instructions. Allocations will be effective upon the Transaction Date. |
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Section 4: | Account Value Provisions |
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4.01
ANNUITY ACCOUNT VALUE The value of the Owner’s interest in a Sub-Account will be determined by multiplying the number of the Owner’s Accumulation Units by the accumulation unit value for that Sub-Account. 4.02
ACCUMULATION UNITS 4.03
ACCUMULATION UNIT VALUE The dollar value of an Accumulation Unit will vary in amount depending on the investment experience of the Portfolio and charges taken from the Sub-Account. 4.04
NET INVESTMENT FACTOR |
(a) | is the net result of: | |
(i) |
the net asset value per
share of the Portfolio shares held in the Sub-Account determined as of the
end of the current Valuation Period; plus
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(ii) |
the per share amount of
any dividend (or, if applicable, capital gain distributions) made by the
applicable Portfolio on shares held in the Sub-Account if the
“ex-dividend” date occurs during the current Valuation Period;
minus or plus
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(iii) |
a per unit charge or
credit for any taxes incurred by or reserved for in the Sub-Account, which
is determined by FGWL&A to have resulted from the investment operations
of the Sub-Account.
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(b) | is the net result of: | |
(i) |
the net asset value per
share of the Portfolio shares held in the Sub-Account determined as of the
end of the immediately preceding Valuation Period; minus or plus
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(ii) |
the per unit charge or
credit for any taxes incurred by or reserved for in the Sub-Account for the
immediately preceding Valuation Period.
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(c) |
is an amount
representing the risk charge deducted from each Sub-Account on a daily
basis, equal to an annual rate as shown in the Charges section on the
Contract Data Page as a percentage of the daily net asset value of each
Sub-Account. This charge will not exceed the maximum Mortality and Expense
Charge shown on the Contract Data Page.
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The net investment factor may be greater than, less than, or equal to one. Therefore, the accumulation unit value may increase, decrease or remain unchanged. 4.05
RISK CHARGE This charge is described above in the Net Investment Factor Provision and the maximum Mortality and Expense Charge for the Death Benefit Option elected is shown on the Contract Data Page. |
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Section 5: | Transfer Provisions |
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5.01 TRANSFERS |
The Owner may make Transfers by Request. The following provisions apply: |
(a) |
At any time this
Contract is in force the Owner, by Request, may Transfer all or a portion
of the Annuity Account Value among the Sub-Accounts currently offered by
FGWL&A.
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(b) |
A Transfer will be
effective upon the Transaction Date.
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(c) |
FGWL&A does not
currently charge an administrative fee for Transfers. FGWL&A reserves
the right to impose a fee in the future for Transfers between
Sub-Accounts.
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(d) |
FGWL&A reserves the
right, in the future, to set minimum dollar amounts or minimum percentages
of Annuity Account Value permitted to be Transferred from a Sub-Account;
and
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(e) |
FGWL&A reserves the
right, in the future, to set minimum dollar amounts that must remain in a
Sub-Account after giving effect to a Transfer.
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5.02
DOLLAR COST AVERAGING The Owner may Request to automatically Transfer a predetermined dollar amount, subject to FGWL&A’s minimum, at regular intervals from any one designated Sub-Account to one or more of the remaining, then available, Sub-Accounts. The unit value will be determined on the dates of the Transfers. The Owner must specify the percentage to be Transferred into each designated Sub-Account. Transfers may be set up on any one of the following frequency periods; monthly, quarterly, semiannually, or annually. The Transfer will be initiated on the Transaction Date one frequency period following the date of the Request. FGWL&A will provide a list of Sub-Accounts eligible for Dollar Cost Averaging which may be modified from time to time. The Owner may terminate Dollar Cost Averaging at any time by Request. Dollar Cost Averaging will terminate automatically upon the Annuity Commencement Date. Participation in Dollar Cost Averaging and the Rebalancer Option at the same time is not allowed. Participation in Dollar Cost Averaging does not assure a greater profit, or any profit, nor will it prevent or necessarily alleviate losses in a declining market. FGWL&A reserves the right to modify, suspend, or terminate Dollar Cost Averaging at any time. 5.03
THE REBALANCER OPTION The Owner may Request that rebalancing occur one time only, in which case the Transfer will take place on the Transaction Date of the Request. Rebalancing may also be set up on a quarterly, semiannual, or annual basis, in which case the first Transfer will be initiated on the Transaction Date one frequency period following the date of the Request. On the Transaction Date for the specified Request, assets will be automatically reallocated to the selected funds. Rebalancing will continue on the same Transaction Date for subsequent periods. In order to participate in the Rebalancer Option, the entire Annuity Account Value must be included. The Owner must specify the percentage of Annuity Account Value to be allocated to each Sub-Account and the frequency of rebalancing. The Owner may terminate the Rebalancer Option at any time by Request. The Rebalancer Option will terminate automatically upon the Annuity Commencement Date. |
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Participation in the
Rebalancer Option and Dollar Cost Averaging at the same time is not
allowed. Participation in the Rebalancer Option does not assure a greater
profit, nor will it prevent or necessarily alleviate losses in a declining
market. GWL&A reserves the right to modify, suspend, or terminate the
Rebalancer Option at any time
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Section 6: | Death Benefit Provisions |
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6.01
PAYMENT OF DEATH BENEFIT If payment of the death benefit is deferred due to an action to recover the proceeds as defined in New York Insurance law section 3214, interest on the death benefit proceeds will be paid in accordance with state law. When an Owner or the Annuitant dies before the Annuity Commencement Date and a death benefit is payable to a Beneficiary, the death benefit proceeds will remain invested in accordance with the allocation instructions given by the Owner until new allocation instructions are Requested by the Beneficiary or until the death benefit is actually paid to the Beneficiary. The death benefit will be determined as of the date payments commence. However, on the date a payout option is processed, amounts in the Sub-Account will be Transferred to the Money Market Investment Division unless the Beneficiary otherwise elects by Request. Distribution of the death benefit may be Requested to be made as follows (subject to the distribution rules set forth below): |
1. payment in a single sum; or | |
2. payout under any of the variable annuity options provided under the Contract. |
The Death Benefit is determined by the Death Benefit Option selected when the Contract is issued, as shown on the Contract Data Page and whether the death of the Owner or Annuitant occurs before or after the annuity payouts commence. If the Owner or Annuitant dies after the date annuity payouts commence and before the entire interest has been distributed, the remaining annuity payouts payable will be paid to the Beneficiary under the payout option applicable on the date of death. The Beneficiary will not be allowed to change the method of distribution in effect on the date of the Owner’s or Annuitant’s death or to elect a new payout option; or If the Owner or Annuitant dies before the date annuity payouts commence, FGWL&A will pay proceeds to the Beneficiary according to the Death Benefit Option shown on the Contract Data Page. 6.02
DEATH BENEFIT OPTIONS Death Benefit
Option 2 – Guaranteed Minimum Death Benefit |
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the Annuity Account
Value as of the date the Request for payment is received less Premium Tax,
if any; or
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the sum of
Contributions applied to the Contract as of the date the Request for
payment is received, minus Proportional Withdrawals and Premium Tax, if
any.
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6.03
DISTRIBUTION RULES |
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If a Contingent Xxxxxxxxx was named by the Owner prior to the Annuitant’s death, and the Annuitant dies before the Annuity Commencement Date, while the Owner and Contingent Annuitant are living, no death benefit will be payable by reason of the Annuitant’s death and the Contingent Annuitant will become the Annuitant. If a corporation or other non-individual is an Owner, or if the deceased Annuitant is an Owner, the death of the Annuitant will be treated as the death of an Owner and the Contract will be subject to the death of an Owner provisions described below. If an
Owner Dies Before Annuity Commencement Date |
(1) If there is a Joint
Owner (who is the surviving spouse of the deceased Owner) and a Contingent
Annuitant, the Joint Owner will become the Owner and the Beneficiary, the
Contingent Annuitant will become the Annuitant, and the Contract will
continue in force;
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(2) If there is a Joint
Owner who is the surviving spouse of the deceased Owner but no Contingent
Annuitant, the Joint Owner will become the Owner, the Annuitant and the
Beneficiary, and may take the death benefit or elect to continue this
Contract in force;
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(3) In all other cases,
FGWL&A will pay the death benefit to the Beneficiary even if a former
spouse Joint Owner and/or the Contingent Annuitant are alive at the time of
an Owner’s death, unless the sole Beneficiary is the deceased
Owner’s surviving spouse and the Beneficiary Requests to become the
Owner and the Annuitant, and to continue the Contract in force.
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If an Owner dies before
the Annuity Commencement Date, and such Owner was not the Annuitant, the
following provisions shall apply:
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(1) If there is a Joint
Owner who is the surviving spouse of the deceased Owner, the Joint Owner
will become the Owner and Beneficiary and may take the death benefit or
elect to continue this Contract in force.
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(2) In all other
cases, FGWL&A will pay the death benefit to the Beneficiary even if a
former spouse Joint Owner, the Annuitant and/or the Contingent Annuitant
are alive at the time of the Owner’s death, unless the sole
Beneficiary is the deceased Owner’s surviving spouse and such
Beneficiary Requests to become the Owner and the Annuitant and to continue
the Contract in force.
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Any death benefit payable to the Beneficiary upon an Owner’s death will be distributed as follows: | |
(1) If the
Owner’s surviving spouse is the person entitled to receive benefits
upon the Owner’s death, the surviving spouse will be treated as the
Owner and will be allowed to take the death benefit or continue the
Contract in force.
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(2) If a non-spouse
individual is the person entitled to receive benefits upon the
Owner’s death, such individual may elect, not later than one year
after the Owner’s date of death, to receive the death benefit in
either a single sum or payout under any of the variable annuity options
available under the Contract, provided that: (a) such annuity is
distributed in substantially equal installments over the life or life
expectancy of such Beneficiary; and (b) such distributions begin not later
than one year after the Owner’s date of death. If no election is
received by FGWL&A from an individual non-spouse Beneficiary such that
substantially equal installments have begun no later than one year after
the Owner’s date of death, then the entire amount must be distributed
within five years of the Owner’s date of death; or
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(3) If a corporation or
other non-individual entity is entitled to receive benefits upon the
Owner’s death, the death benefit must be completely distributed
within five years of the Owner’s date of death.
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The death benefit will be determined as of the date the payouts commence. |
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If
Xxxxxxxxx Dies After Annuity Commencement Date If an
Owner Dies After Annuity Commencement Date and While the Annuitant is
Living 6.04
COMPLIANCE WITH INTERNAL REVENUE CODE SECTION 72(s) |
Section 7: | Surrenders and Partial Withdrawals |
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7.01 SURRENDER
BENEFIT
At any time prior to the date annuity payouts commence and subject to the provisions of this Contract, the Owner may surrender this Contract for the Surrender Value which will be computed as of the Transaction Date. FGWL&A generally will pay the Surrender Value in a single sum within 7 days after receipt of the Request. |
FGWL&A may delay payment for: |
(a) |
any period (i) during
which the New York Stock Exchange is closed (other than customary weekend
and holding closings) ; or (ii) during which trading on the New York Stock
Exchange is restricted;
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(b) |
any period during which
an emergency exists as a result of which (i) disposal of the Series Account
owned by it is not reasonably practicable; or (ii) it is not reasonably
practicable for the Series Account to determine the value of its net
assets; or
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(c) |
any other period as the
Securities and Exchange Commission may by order permit for the protection
of security holders.
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7.02
PARTIAL WITHDRAWALS By Request, the Owner must elect the Sub-Account or a combination of them, from which a partial withdrawal is to be made and the amount to be withdrawn from each sub-account. The Annuity Account Value will be reduced by the partial withdrawal amount and the death benefit will be reduced by the sum of all Proportional Withdrawals. The following terms apply: |
(a) |
No partial withdrawals
are permitted after the date annuity payouts commence.
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(b) |
If a partial withdrawal
is made within 30 days of the date annuity payouts are scheduled to
commence, FGWL&A may delay the Annuity Commencement Date by 30
days.
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(c) |
A partial withdrawal
will be effective upon the Transaction Date.
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7.03
POSTPONEMENT FGWL&A may delay payment for: |
(a) |
any period (i) during
which the New York Stock Exchange is closed (other than customary weekend
and holding closings) ; or (ii) during which trading on the New York Stock
Exchange is restricted;
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(b) |
any period during which
an emergency exists as a result of which (i) disposal of the Series Account
owned by it is not reasonably practicable; or (ii) it is not reasonably
practicable for the Series Account to determine the value of its net
assets; or
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(c) |
any other period as the
Securities and Exchange Commission may by order permit for the protection
of security holders.
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Section 8: | General Provisions |
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8.01
ENTIRE CONTRACT 8.02
ELECTRONIC DELIVERY OF INFORMATION 8.03
CONTRACT MODIFICATION FGWL&A will give the Owner notice of the discontinuance of any Portfolio or Series Account. If the Owner has elected electronic delivery of regulatory information, such notice will be posted on the website for the Annuity Service Center and sent to the Owner’s last known email address. If the Owner has elected paper delivery of regulatory information, such notice will be sent to the Owner at the last address of Record. If no request is made by the date the Portfolio is terminated, future contributions will be allocated to the Money Market Sub-Account. Any modifications will not affect the terms, provisions or conditions which are, or may be, applicable to contributions previously made to any such Sub-Account. Any such discontinuation, substitution or addition will be subject to compliance with any applicable regulatory requirements. In accordance with applicable law, FGWL&A reserves the right to terminate, substitute, discontinue or add Sub-Accounts. FGWL&A may cease offering existing variable annuity payout options. ONLY THE PRESIDENT, A VICE-PRESIDENT, OR THE SECRETARY OF FGWL&A CAN MODIFY OR WAIVE ANY PROVISION OF THIS CONTRACT. 8.04 NON-PARTICIPATING |
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This Contract is non-participating. It is not eligible to share in FGWL&A’s divisible surplus. 8.05
MISSTATEMENT OF AGE OR SEX 8.06
REPORTS 8.07
NOTICE AND PROOF Any application, report, Request, election, direction, notice or demand by the Owner, or any other person, must be made in a form satisfactory to FGWL&A. 8.08
TAX CONSEQUENCES OF PAYOUTS It is recommended that a competent tax adviser be consulted prior to obtaining any distribution from, or changing the ownership of this Contract. A 10% federal tax penalty may apply if a surrender, withdrawal, or distribution is taken prior to the taxpayer’s attainment of age 59 1/2. Nothing contained herein will be construed to be tax or legal advice. FGWLA does not assume any responsibility or liability for any damages or costs, including, but not limited to taxes, penalties, interest or attorney fees incurred by the Owner, the Annuitant, the Beneficiary, or any other person arising out of any such determination. 8.09
CURRENCY 8.10
VOTING RIGHTS |
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Section 9: | Payout Options |
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9.01
HOW TO ELECT On the Annuity Commencement Date, the Annuity Account Value may be applied to any of the variable annuity payout options currently available. If an option has not been elected within 30 days of the Annuity Commencement Date, the Annuity Account Value will be applied under Variable Annuity Payout Option 1 to provide payouts for life with a guaranteed period of 20 years. 9.02 SELECTION OF PAYOUT OPTIONS |
(a) |
If a single sum payment
is elected, the amount to be paid is the Surrender Value.
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(b) |
If a variable annuity
payout option is elected, the amount to be applied is the Annuity Account
Value as of the Annuity Commencement Date.
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(c) |
The minimum amount that
may be withdrawn from the Annuity Account Value to purchase an annuity
payout option is $2,000. If the amount is less than $2,000, FGWL&A may
pay the amount in a single sum subject to the Partial Withdrawals
Provision. Payouts may be elected to be received on any of the following
frequency periods: monthly, quarterly, semiannually, or annually.
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(d) |
Payouts to be made
under the annuity payout option selected must be at least $50. FGWL&A
reserves the right to make the payouts using the most frequent payout
interval which produces a payout of not less than $50.
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(e) |
The maximum amount that
may be applied under any annuity payout option is $1,000,000, unless prior
approval is obtained from FGWL&A.
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(f) |
For information on
electing periodic withdrawals, refer to the Periodic Withdrawal Option
section.
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9.03 VARIABLE ANNUITY PAYOUT OPTIONS The following variable annuity payout options are available: |
(a) |
Option 1:
Variable Life Annuity with Guaranteed Period
Payouts for the guaranteed Annuity Payout Period elected or the lifetime of the Annuitant whichever is longer. The guaranteed Annuity Payout Period elected may be 5, 10, 15, or 20 years. Upon death of the Annuitant, the Beneficiary will begin to receive the remaining payouts at the same interval elected by the Owner. See Variable Life Annuity Tables. |
(b) |
Option 2:
Variable Life Annuity
Payouts for the Annuitant’s lifetime, without a guaranteed period. Upon the death of the Annuitant, all payments cease and no amounts are payable to the Beneficiary. See Variable Life Annuity Tables. |
(c) |
Option 3: Any
Other Form
Any other form of variable annuity payout option which is acceptable to FGWL&A. |
These variable annuity payout options are subject to the following provisions: | |
(1) | Amount of First Payout |
The first payout under
a variable annuity payout option will be based on the value of each
Sub-Account on the 5th Valuation Date preceding the Annuity Commencement
Date. It will be determined by applying the appropriate rate from the
Variable Life Annuity Tables to the amount applied under the payout
option.
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The Variable Life
Annuity Tables of this Contract illustrate the minimum payout amounts and
the age adjustments that will be used to determine the first monthly payout
under a variable annuity payout option. These tables show the dollar amount
of the first monthly payout that can be purchased with
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each $1,000 of Annuity
Account Value, after deduction of Premium Tax, if any. Amounts shown use
the 1983 (a) for individual annuity mortality table, modified, with an
assumed rate of return of 5% per year.
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(2) | Annuity Units |
The number of Annuity
Units paid to the Annuitant for each Sub-Account is determined by dividing
the amount of the first payout by the sub-account’s annuity unit
value on the 5th Valuation Date preceding the Annuity Commencement Date.
The number of Annuity Units used to calculate each payout for a Sub-Account
remains fixed during the Annuity Payout Period.
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(3) | Amount of Payouts after the First |
Payouts after the first
will vary depending upon the investment experience of the Sub-Accounts. The
subsequent amount paid from each Sub-Account is determined by multiplying
(a) by (b) where (a) is the number of sub-account Annuity Units to be paid
and (b) is the Sub-Account Annuity Unit value on the 5th Valuation Date
preceding the Annuity Commencement Date. The total amount of each variable
annuity payout will be the sum of the variable annuity payouts for each
Sub-Account.
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The Annuity Unit value
for any Valuation Period for any Sub-Account is determined by multiplying
the Annuity Unit value for the immediately preceding Valuation Period by
the product of (A) and (B) where:
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(A) |
is 0.999866337 raised
to a power equal to the number of days in the current Valuation Period;
and
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(B) |
is the Accumulation
Unit value of the same Sub-Account for this Valuation Period divided by the
Accumulation Unit value of the same Sub-Account for the immediately
preceding Valuation Period.
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FGWL&A guarantees that the dollar amount of each payout after the first will not be affected by variations in expenses or mortality experience. | |
(4) | Transfers After the Annuity Commencement Date |
Once variable annuity
payouts have begun, the Owner may Transfer all or part of the Annuity
Account Value from one Sub-Account to another. Transfers after the Annuity
Commencement Date will be made by converting the number of Annuity Units
being Transferred to the number of Annuity Units of the sub-account to
which the Transfer is made. The result will be that the next annuity
payout, if it were made at that time, would be the same amount that it
would have been without the Transfer. Thereafter, annuity payouts will
reflect changes in the value of the new Annuity Units. The Contract’s
Transfer provisions will apply.
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9.04
PERIODIC WITHDRAWAL OPTION |
• | the Owner may keep the same Sub-Accounts as were in force before periodic withdrawals began; |
• | charges and fees under this Contract continue to apply; and |
• |
the Owner may continue
to exercise all contractual rights that are available prior to electing a
payout option, except that no Contributions may be made.
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9.05
HOW TO ELECT PERIODIC WITHDRAWALS |
• | the withdrawal frequency of either 12-, 6-, 3-, or 1-month intervals; |
• | a withdrawal amount; a minimum of $100 is required; |
• |
the calendar month,
day, and year on which withdrawals are to begin;
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• | one Periodic Withdrawal Option; and |
• | the allocation of withdrawals from the Sub-Account(s) as follows: |
1) |
Prorate the amount to
be paid across all Sub-Accounts in proportion to the assets in each
sub-account; or
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2) |
Select the
Sub-Account(s) from which withdrawals will be made. Once the
Sub-Accounts(s) have been depleted, FGWL&A will automatically prorate
the remaining withdrawals against all
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remaining available
Sub-Accounts, unless the Owner Requests the selection of another
Sub-Account.
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The Owner may elect to change the withdrawal option and/or frequency once each calendar year. Periodic withdrawals will cease on the earlier of the date: |
• | the amount elected to be paid under the option selected has been reduced to zero; |
• | the Annuity Account Value is zero; |
• |
the Owner Requests that
withdrawals stop;
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• | the Owner purchases an annuity option; or |
• | of death of an Owner or the Annuitant. |
9.06 PERIODIC
WITHDRAWAL OPTIONS AVAILABLE |
1) |
Income for a Specified
Period for at least thirty-six (36) months - The Owner elects the duration
over which withdrawals will be made. The amount paid will vary based on the
duration; or
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2) | Income of a Specified Amount for at least thirty-six (36) months - The Owner elects the dollar amount of the withdrawals. Based on the amount elected, the duration may vary; or |
3) |
Any Other Form for a
period of at least thirty-six (36) months - Any other form of periodic
withdrawal which is acceptable to FGWL&A.
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Variable Life Annuity Table |
FEMALE |
Monthly Payout for Each $1,000 |
of Annuity Account Value |
Age of Annuitant |
Without Guaranteed Period |
With Guaranteed Period | Age of Annuitant |
Without Guaranteed Period |
With Guaranteed Period | ||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
5 Years |
10 Years |
15 Years |
20 Years |
5 Years |
10 Years |
15 Years |
20 Years |
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20 | 4.28 | 4.28 | 4.28 | 4.28 | 4.28 | 51 | 5.10 | 5.09 | 5.07 | 5.04 | 5.00 | ||||||||||||
21 | 4.29 | 4.29 | 4.29 | 4.29 | 4.29 | 52 | 5.15 | 5.15 | 5.13 | 5.09 | 5.04 | ||||||||||||
22 | 4.30 | 4.30 | 4.30 | 4.30 | 4.30 | 53 | 5.21 | 5.21 | 5.18 | 5.14 | 5.09 | ||||||||||||
23 | 4.31 | 4.31 | 4.31 | 4.31 | 4.31 | 54 | 5.28 | 5.27 | 5.24 | 5.20 | 5.14 | ||||||||||||
24 | 4.33 | 4.33 | 4.32 | 4.32 | 4.32 | 55 | 5.35 | 5.34 | 5.31 | 5.26 | 5.19 | ||||||||||||
25 | 4.34 | 4.34 | 4.34 | 4.33 | 4.33 | 56 | 5.42 | 5.41 | 5.38 | 5.32 | 5.24 | ||||||||||||
26 | 4.35 | 4.35 | 4.35 | 4.35 | 4.34 | 57 | 5.50 | 5.48 | 5.45 | 5.39 | 5.30 | ||||||||||||
27 | 4.37 | 4.37 | 4.36 | 4.36 | 4.36 | 58 | 5.58 | 5.57 | 5.52 | 5.45 | 5.36 | ||||||||||||
28 | 4.38 | 4.38 | 4.38 | 4.37 | 4.37 | 59 | 5.67 | 5.65 | 5.60 | 5.53 | 5.41 | ||||||||||||
29 | 4.40 | 4.40 | 4.39 | 4.39 | 4.38 | 60 | 5.76 | 5.74 | 5.69 | 5.60 | 5.48 | ||||||||||||
30 | 4.41 | 4.41 | 4.41 | 4.41 | 4.40 | 61 | 5.86 | 5.84 | 5.78 | 5.68 | 5.54 | ||||||||||||
31 | 4.43 | 4.43 | 4.43 | 4.42 | 4.42 | 62 | 5.97 | 5.94 | 5.88 | 5.76 | 5.60 | ||||||||||||
32 | 4.45 | 4.45 | 4.45 | 4.44 | 4.43 | 63 | 6.08 | 6.06 | 5.98 | 5.85 | 5.66 | ||||||||||||
33 | 4.47 | 4.47 | 4.46 | 4.46 | 4.45 | 64 | 6.20 | 6.17 | 6.08 | 5.94 | 5.73 | ||||||||||||
34 | 4.49 | 4.49 | 4.49 | 4.48 | 4.47 | 65 | 6.34 | 6.30 | 6.20 | 6.03 | 5.79 | ||||||||||||
35 | 4.51 | 4.51 | 4.51 | 4.50 | 4.49 | 66 | 6.48 | 6.44 | 6.32 | 6.12 | 5.86 | ||||||||||||
36 | 4.54 | 4.53 | 4.53 | 4.52 | 4.51 | 67 | 6.63 | 6.58 | 6.45 | 6.22 | 5.92 | ||||||||||||
37 | 4.56 | 4.56 | 4.55 | 4.55 | 4.54 | 68 | 6.79 | 6.74 | 6.58 | 6.32 | 5.98 | ||||||||||||
38 | 4.59 | 4.58 | 4.58 | 4.57 | 4.56 | 69 | 6.97 | 6.91 | 6.72 | 6.43 | 6.04 | ||||||||||||
39 | 4.61 | 4.61 | 4.61 | 4.60 | 4.59 | 70 | 7.16 | 7.09 | 6.87 | 6.53 | 6.10 | ||||||||||||
40 | 4.64 | 4.64 | 4.64 | 4.63 | 4.61 | 71 | 7.36 | 7.28 | 7.03 | 6.63 | 6.15 | ||||||||||||
41 | 4.67 | 4.67 | 4.67 | 4.65 | 4.64 | 72 | 7.59 | 7.49 | 7.19 | 6.74 | 6.20 | ||||||||||||
42 | 4.71 | 4.70 | 4.70 | 4.69 | 4.67 | 73 | 7.83 | 7.71 | 7.36 | 6.84 | 6.25 | ||||||||||||
43 | 4.74 | 4.74 | 4.73 | 4.72 | 4.70 | 74 | 8.09 | 7.95 | 7.54 | 6.94 | 6.29 | ||||||||||||
44 | 4.78 | 4.77 | 4.77 | 4.75 | 4.73 | 75 | 8.38 | 8.21 | 7.72 | 7.04 | 6.33 | ||||||||||||
45 | 4.81 | 4.81 | 4.80 | 4.79 | 4.76 | 76 | 8.69 | 8.48 | 7.91 | 7.14 | 6.36 | ||||||||||||
46 | 4.86 | 4.85 | 4.84 | 4.82 | 4.80 | 77 | 9.02 | 8.77 | 8.10 | 7.22 | 6.39 | ||||||||||||
47 | 4.90 | 4.89 | 4.88 | 4.86 | 4.83 | 78 | 9.38 | 9.08 | 8.29 | 7.31 | 6.41 | ||||||||||||
48 | 4.94 | 4.94 | 4.93 | 4.90 | 4.87 | 79 | 9.77 | 9.41 | 8.48 | 7.38 | 6.44 | ||||||||||||
49 | 4.99 | 4.99 | 4.97 | 4.95 | 4.91 | 80 | 10.20 | 9.76 | 8.67 | 7.45 | 6.45 | ||||||||||||
50 | 5.04 | 5.04 | 5.02 | 4.99 | 4.95 |
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Variable Life Annuity Table |
MALE Monthly Payout for Each $1,000 of Annuity Account Value |
Age of Annuitant |
Without Guaranteed Period |
With Guaranteed Period | Age of Annuitant |
Without Guaranteed Period |
With Guaranteed Period | ||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
5 Years |
10 Years |
15 Years |
20 Years |
5 Years |
10 Years |
15 Years |
20 Years |
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20 | 4.34 | 4.34 | 4.34 | 4.34 | 4.33 | 51 | 5.36 | 5.35 | 5.31 | 5.25 | 5.17 | ||||||||||||
21 | 4.36 | 4.36 | 4.35 | 4.35 | 4.34 | 52 | 5.43 | 5.42 | 5.37 | 5.31 | 5.22 | ||||||||||||
22 | 4.37 | 4.37 | 4.37 | 4.36 | 4.35 | 53 | 5.50 | 5.49 | 5.44 | 5.37 | 5.27 | ||||||||||||
23 | 4.38 | 4.38 | 4.38 | 4.37 | 4.37 | 54 | 5.58 | 5.56 | 5.51 | 5.43 | 5.33 | ||||||||||||
24 | 4.40 | 4.40 | 4.39 | 4.39 | 4.38 | 55 | 5.66 | 5.64 | 5.59 | 5.50 | 5.38 | ||||||||||||
25 | 4.41 | 4.41 | 4.41 | 4.40 | 4.40 | 56 | 5.75 | 5.73 | 5.67 | 5.57 | 5.43 | ||||||||||||
26 | 4.43 | 4.43 | 4.42 | 4.42 | 4.41 | 57 | 5.84 | 5.82 | 5.75 | 5.64 | 5.49 | ||||||||||||
27 | 4.45 | 4.45 | 4.44 | 4.44 | 4.43 | 58 | 5.94 | 5.91 | 5.84 | 5.71 | 5.55 | ||||||||||||
28 | 4.47 | 4.46 | 4.46 | 4.45 | 4.45 | 59 | 6.05 | 6.02 | 5.93 | 5.79 | 5.60 | ||||||||||||
29 | 4.49 | 4.48 | 4.48 | 4.47 | 4.46 | 60 | 6.16 | 6.13 | 6.03 | 5.87 | 5.66 | ||||||||||||
30 | 4.51 | 4.50 | 4.50 | 4.49 | 4.48 | 61 | 6.28 | 6.24 | 6.13 | 5.96 | 5.72 | ||||||||||||
31 | 4.53 | 4.53 | 4.52 | 4.51 | 4.50 | 62 | 6.41 | 6.37 | 6.24 | 6.04 | 5.78 | ||||||||||||
32 | 4.55 | 4.55 | 4.54 | 4.54 | 4.53 | 63 | 6.55 | 6.50 | 6.36 | 6.13 | 5.84 | ||||||||||||
33 | 4.58 | 4.57 | 4.57 | 4.56 | 4.55 | 64 | 6.70 | 6.65 | 6.48 | 6.22 | 5.89 | ||||||||||||
34 | 4.60 | 4.60 | 4.59 | 4.59 | 4.57 | 65 | 6.86 | 6.80 | 6.61 | 6.31 | 5.95 | ||||||||||||
35 | 4.63 | 4.63 | 4.62 | 4.61 | 4.60 | 66 | 7.04 | 6.96 | 6.74 | 6.40 | 6.01 | ||||||||||||
36 | 4.66 | 4.66 | 4.65 | 4.64 | 4.62 | 67 | 7.22 | 7.13 | 6.88 | 6.50 | 6.06 | ||||||||||||
37 | 4.69 | 4.69 | 4.68 | 4.67 | 4.65 | 68 | 7.42 | 7.31 | 7.02 | 6.59 | 6.11 | ||||||||||||
38 | 4.72 | 4.72 | 4.71 | 4.70 | 4.68 | 69 | 7.63 | 7.51 | 7.17 | 6.68 | 6.16 | ||||||||||||
39 | 4.76 | 4.76 | 4.75 | 4.73 | 4.71 | 70 | 7.85 | 7.71 | 7.32 | 6.78 | 6.20 | ||||||||||||
40 | 4.80 | 4.79 | 4.78 | 4.76 | 4.74 | 71 | 8.09 | 7.92 | 7.47 | 6.87 | 6.24 | ||||||||||||
41 | 4.84 | 4.83 | 4.82 | 4.80 | 4.77 | 72 | 8.35 | 8.15 | 7.63 | 6.96 | 6.28 | ||||||||||||
42 | 4.88 | 4.87 | 4.86 | 4.84 | 4.80 | 73 | 8.62 | 8.39 | 7.79 | 7.04 | 6.32 | ||||||||||||
43 | 4.92 | 4.92 | 4.90 | 4.87 | 4.84 | 74 | 8.91 | 8.64 | 7.96 | 7.12 | 6.35 | ||||||||||||
44 | 4.97 | 4.96 | 4.94 | 4.91 | 4.87 | 75 | 9.22 | 8.91 | 8.13 | 7.20 | 6.37 | ||||||||||||
45 | 5.01 | 5.01 | 4.99 | 4.96 | 4.91 | 76 | 9.56 | 9.18 | 8.29 | 7.28 | 6.40 | ||||||||||||
46 | 5.06 | 5.06 | 5.04 | 5.00 | 4.95 | 77 | 9.91 | 9.48 | 8.46 | 7.35 | 6.42 | ||||||||||||
47 | 5.12 | 5.11 | 5.09 | 5.05 | 4.99 | 78 | 10.29 | 9.78 | 8.62 | 7.41 | 6.44 | ||||||||||||
48 | 5.17 | 5.16 | 5.14 | 5.09 | 5.04 | 79 | 10.70 | 10.10 | 8.79 | 7.47 | 6.45 | ||||||||||||
49 | 5.23 | 5.22 | 5.19 | 5.14 | 5.08 | 80 | 11.14 | 10.43 | 8.94 | 7.52 | 6.47 | ||||||||||||
50 | 5.30 | 5.28 | 5.25 | 5.20 | 5.13 |
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FLEXIBLE PREMIUM
VARIABLE ANNUITY. |
First Great-West Life &
Annuity Insurance Company A Stock Company [00 Xxxx Xxxxxx Xxxxx Xxxxxx, Xxx Xxxx 00000] |
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