FIRST GOLDEN AMERICAN
LIFE INSURANCE COMPANY
OF NEW YORK SECTION 72 RIDER
A stock company
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REQUIRED DISTRIBUTION OF PROCEEDS ON DEATH OF OWNER
This Rider is required to qualify the Contract to which it is
attached as an annuity contract under Section 72 of the Internal
Revenue Code of 1986, as amended (the "Code"). Where the terms
of this Rider are in conflict with the terms of the Contract, the
Rider will control. First Golden American Life Insurance Company
of New York, "First Golden American", reserves the right to amend
or administer the Contract and Rider as necessary to comply with
applicable tax requirements. This Rider and the Contract should
be construed so that they comply with applicable tax
requirements.
DEATH OF OWNER ON OR AFTER ANNUITY COMMENCEMENT DATE
IF ANY OWNER DIES ON OR AFTER the Annuity Commencement Date but
prior to the time the entire interest in the Contract has been
distributed, the remaining portion will be distributed at least
as rapidly as under the method of distribution being used as of
the date of the Owner's or Xxxxxxxxx's death.
DEATH OF OWNER PRIOR TO ANNUITY COMMENCEMENT DATE
IF ANY OWNER DIES PRIOR TO the Annuity Commencement Date,
the entire interest in the Contract will be distributed within
five years of the Owner's death.
However, this distribution requirement will be considered
satisfied as to any portion of the Owner's interest in the
Contract which is payable to or for the benefit of a Designated
Beneficiary and which will be distributed over the life of such
Designated Beneficiary or over a period not extending beyond the
life expectancy of that Designated Beneficiary, provided such
distributions begin within one year of the Owner's death. If the
Designated Beneficiary is the surviving spouse of the decedent,
the Contract may be continued in the name of the spouse as Owner
and these distribution rules are applied by treating the spouse
as the Owner. However, on the death of the surviving spouse,
this provision regarding spouses may not be used again.
If any Owner is not an individual, the death or change
(where permitted) of the Annuitant will be treated as the death
of an Owner.
The Designated Beneficiary is the person entitled to
ownership rights under the Contract. Thus, where no death
benefit has become payable, the Designated Beneficiary, for the
purposes of applying this Rider, will be the Owner(s). Where a
death benefit has become payable, the Designated Beneficiary, for
the purposes of applying this Rider, is the person(s) entitled to
the death benefit, generally the Beneficiary or surviving Owners,
as appropriate. Upon the death of any Owner, the Designated
Beneficiary will become the Owner or, if an individual, will
become the Annuitant.
* * *
An Owner may notify First Golden American as to the manner of
payment under this Rider. If such Owner has not so notified
First Golden American prior to his or her death, the Designated
Beneficiary under the Contract may so notify First Golden
American.
FIRST GOLDEN AMERICAN LIFE INSURANCE COMPANY OF NEW YORK
President Secretary
FG-IA-1000-12/95
