Form 485BPOS LINCOLN LIFE & ANNUITY
As filed with the Securities and Exchange Commission on April 23, 2026
1933 Act Registration No. 333-141761
1940 Act Registration No. 811-08441
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
POST-EFFECTIVE AMENDMENT NO. 39
and
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940
AMENDMENT NO. 531
Lincoln Life & Annuity Variable Annuity Account H
(Exact Name of Registered Separate Account)
(Exact Name of Registered Separate Account)
American Legacy III® Plus
LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK
(Name of Insurance Company)
(Name of Insurance Company)
120 Madison Street, Suite 1310
Syracuse, New York 13202
(Address of Insurance Company’s Principal Executive Offices)
Syracuse, New York 13202
(Address of Insurance Company’s Principal Executive Offices)
Insurance Company’s Telephone Number, Including Area Code: (315) 428-8400
Sarah Sheldon, Esquire
Lincoln Life & Annuity Company of New York
120 Madison Street, Suite 1310
Syracuse, New York 13202
(Name and Address of Agent for Service)
Lincoln Life & Annuity Company of New York
120 Madison Street, Suite 1310
Syracuse, New York 13202
(Name and Address of Agent for Service)
Copy to:
Jassmin McIver-Jones, Esquire
Lincoln Life & Annuity Company of New York
120 Madison Street, Suite 1310
Syracuse, New York 13202
Lincoln Life & Annuity Company of New York
120 Madison Street, Suite 1310
Syracuse, New York 13202
Approximate Date of Proposed Public Offering: Continuous
It is proposed that this filing will become effective:
/ / immediately upon filing pursuant to paragraph (b)
/X/ on May 1, 2026, pursuant to paragraph (b)
/ / 60 days after filing pursuant to paragraph (a)(1)
/ / on __________, pursuant to paragraph (a)(1) of Rule 485 under the Securities Act of 1933 (“Securities Act”).
/X/ on May 1, 2026, pursuant to paragraph (b)
/ / 60 days after filing pursuant to paragraph (a)(1)
/ / on __________, pursuant to paragraph (a)(1) of Rule 485 under the Securities Act of 1933 (“Securities Act”).
If appropriate, check the following box:
/ / This post-effective amendment designates a new effective date for a previously
filed post-effective amendment.
Check each box that appropriately characterizes the Registrant:
/ / New Registrant (as applicable, a Registered Separate Account or Insurance Company
that has not filed a Securities Act registration statement or amendment thereto within 3 years preceding this filing)
/ / Emerging Growth Company (as defined by Rule 12b-2 under the Securities Exchange Act of 1934 (“Exchange Act”))
/ / If an Emerging Growth Company, indicate by check mark if the Registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 7(a)(2)(B) of the Securities Act
/ / Insurance Company relying on Rule 12h-7 under the Exchange Act
/ / Smaller reporting company (as defined by Rule 12b-2 under the Exchange Act)
/ / Emerging Growth Company (as defined by Rule 12b-2 under the Securities Exchange Act of 1934 (“Exchange Act”))
/ / If an Emerging Growth Company, indicate by check mark if the Registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 7(a)(2)(B) of the Securities Act
/ / Insurance Company relying on Rule 12h-7 under the Exchange Act
/ / Smaller reporting company (as defined by Rule 12b-2 under the Exchange Act)
American Legacy III® Plus
Individual Variable Annuity Contracts
Lincoln Life & Annuity Variable Annuity Account H
Individual Variable Annuity Contracts
Lincoln Life & Annuity Variable Annuity Account H
May 1, 2026
Home Office:
Lincoln Life & Annuity Company of New York
120 Madison Street, Suite 1310
Syracuse, NY 13202
www.LincolnFinancial.com
Lincoln Life & Annuity Company of New York
120 Madison Street, Suite 1310
Syracuse, NY 13202
www.LincolnFinancial.com
Servicing Office:
Lincoln Life & Annuity Company of New York
PO Box 2348
Fort Wayne, IN 46801-2348
1-800-942-5500
Lincoln Life & Annuity Company of New York
PO Box 2348
Fort Wayne, IN 46801-2348
1-800-942-5500
This prospectus describes an individual flexible premium deferred variable annuity
contract issued by Lincoln Life & Annuity Company of New York (Lincoln New York or Company). This Contract can be purchased primarily
as either a nonqualified annuity or qualified retirement annuity under Section 408 (IRAs) and 408A (Roth IRAs) of the tax code.
Generally, you do not pay federal income tax on the Contract's growth until it is paid out. You receive tax deferral for an IRA, whether
or not the funds are invested in an annuity contract. Further, if your Contract is a Roth IRA, you generally will not pay income tax on
a distribution, provided certain conditions are met. Therefore, there should be reasons other than tax deferral for purchasing a qualified
annuity contract.
This Contract is a complex investment and involves risks, including potential loss
of principal.
The types of investment options offered under the Contract may include variable and fixed options. See Appendix A – Investment Options Available Under The Contract. The Contract is designed to accumulate Contract Value and to provide retirement income over a certain period of time, or for life, subject to certain conditions. This Contract
also offers a Death Benefit payable upon the death of the Contractowner or Annuitant. Certain benefits described in this prospectus are no longer
available.
The Contract described in this prospectus is only available in New York.
The minimum initial Purchase Payment for the Contract is $10,000 ($25,000 for contracts
purchased prior to November 15, 2010). Minimum additional Purchase Payments must be at least $100 per payment ($25 if transmitted electronically) with an annual minimum amount of $300. We reserve the right to limit, restrict, or suspend Purchase Payments made to the
Contract upon advance written notice.
Except as noted below, you choose whether your Contract Value accumulates on a variable
or a fixed (guaranteed) basis or both. Your Contract may not offer a fixed account or if permitted by your Contract, we may discontinue
accepting Purchase Payments or transfers into the fixed side of the contract at any time. If any portion of your Contract
Value is in the fixed account, we promise to pay you your principal and a minimum interest rate. We may impose restrictions on the fixed
account for the life of your Contract or during certain periods. Currently, the fixed account option is available for dollar-cost averaging (DCA) purposes only.
This Contract is not designed for short-term investing and is not appropriate for
the investor who needs ready access to cash. Withdrawals could result in surrender charges, taxes and tax penalties. We offer variable contracts with lower fees. Expenses for contracts offering a Bonus or Persistency Credit may be higher than similar contracts
without a Bonus or Persistency Credit. Because of this, the amount of the Bonus Credit may be more than offset by additional charges
associated with the Bonus Credit.
All Purchase Payments, Bonus Credits and Persistency Credits for benefits on a variable
basis will be placed in Lincoln Life & Annuity Variable Annuity Account H (Variable Annuity Account [VAA]). The VAA supports the Contract’s variable investment options (“Subaccounts”). Each Subaccount invests in an underlying fund. See Appendix A – Investment Options Available Under the Contract. If the Subaccounts you select make money, your Contract Value goes up; if they lose
money, it goes down. How much it goes up or down depends on the performance of the Subaccounts you select. We do not guarantee how any of the Subaccounts or their funds will perform.
Investors should consult a registered representative about the Contract’s features, benefits, risks, and fees and whether the Contract is appropriate for them based upon their financial situation and objectives. We do not guarantee that all of the Subaccounts will always be available. Our obligations under the Contract (including under the fixed account option, if available), guarantees, or benefits of the Contract are subject to our financial strength and claims-paying ability.
Neither the U.S. Government nor any federal agency insures or guarantees your investment
in the Contract. The Contracts are not bank deposits and are not endorsed by any bank or government agency. The Securities and Exchange Commission (SEC) has not approved or disapproved these securities or determined if this prospectus is truthful
or complete. Any representation to the contrary is a criminal offense.
1
Additional information about certain investment products, including variable annuities, has been prepared by the SEC’s staff and is available online at Investor.gov.
2
Table of Contents
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3
Special Terms
In this prospectus, the following terms have the indicated meanings:
5% Enhancement—A feature under Lincoln Lifetime IncomeSM Advantage in which the Protected Income Base, minus Purchase Payments and corresponding Bonus Credits, received in the preceding Benefit Year, will be increased by 5%, subject to certain conditions.
Access Period—Under i4LIFE® Advantage, a defined period of time during which we make Regular Income Payments to you while you still have access to your Account Value. This means that you may make withdrawals, surrender the Contract, and have a Death Benefit.
Account or Variable Annuity Account (VAA)—The segregated investment account, Account H, into which we set aside and invest the assets for the variable side of the contract offered in this prospectus.
Account Value—Under i4LIFE® Advantage, the initial Account Value is the Contract Value on the Valuation Date that i4LIFE® Advantage is effective, less any applicable premium taxes. During the Access Period, the Account Value on a Valuation Date equals the total value of all of the Contractowner's Accumulation Units plus the Contractowner's value in the fixed account, if any, reduced by Regular Income Payments, Guaranteed Income Benefit payments and withdrawals.
Account Value Step-up—Under Lincoln Lifetime IncomeSM Advantage, the Protected Income Base will automatically step up to the Contract Value on each Benefit Year anniversary, subject to certain conditions.
Accumulation Unit—A measure used to calculate Contract Value for the variable side of the contract before the selection of an Annuity Payout option and to calculate the i4LIFE® Advantage Account Value during the Access Period.
Annuitant—The person upon whose life the annuity benefit payments are based, and upon whose death a Death Benefit may be paid.
Annuity Commencement Date—The Valuation Date when funds are withdrawn or converted into Annuity Units or fixed dollar payout for payment of retirement income benefits under the Annuity Payout option you select (other than i4LIFE® Advantage) or upon beginning irrevocable withdrawals through an Automatic Withdrawal Service.
Annuity Payout—A regularly scheduled payment (under any of the available annuity options). Payments may be variable or fixed, or a combination of both.
Annuity Unit—A measure used to calculate the amount of Annuity Payouts for the variable side of the contract after the selection of an Annuity Payout option.
Beneficiary—The person you choose to receive any Death Benefit paid if you die before the selection of an Annuity Payout option.
Benefit Year—Under Lincoln Lifetime IncomeSM Advantage and Lincoln SmartSecurity® Advantage, the 12-month period starting with the effective date of the rider and starting with each anniversary of the rider effective date after that. Under Lincoln SmartSecurity® Advantage, if the Contractowner elects a step-up, the Benefit Year will begin on the effective date of the step-up and each anniversary of the step-up after that.
Bonus Credit—The additional amount credited to the Contract for each Purchase Payment.
Contract—The variable annuity contract you have entered into with Lincoln New York.
Contractowner (you, your, owner)—The person who can exercise the rights within the Contract (decides on investment allocations, transfers, payout option, designates the Beneficiary, etc.). Usually, but not always, the Contractowner is the Annuitant.
Contract Value (may be referred to as Account Value in marketing materials)—At any given time before the selection of an Annuity Payout option, the total value of all Accumulation Units of a Contract, plus the value of the fixed side of the contract, if any.
Contract Year—Each 12-month period starting with the effective date of the Contract and starting with each contract anniversary after that.
Death Benefit—Before the selection of an Annuity Payout option, the amount payable to your designated Beneficiary if the Contractowner dies. As an alternative, the Contractowner may receive a Death Benefit on the death of the Annuitant prior to the selection of an Annuity Payout option.
Excess Withdrawals—Amounts withdrawn during a Benefit Year, in excess of specified limits under certain Living Benefit Riders, which decrease or eliminate the guarantees under the rider.
Good Order—The actual receipt at our Servicing Office of the requested transaction in writing or by other means we accept, along with all information and supporting legal documentation necessary to complete the transaction. The forms we provide will identify the necessary documentation. We may, in our sole discretion, determine whether any particular transaction request is in Good Order, and we reserve the right to change or waive any Good Order requirements at any time.
Guaranteed Amount—The value used to calculate your withdrawal benefit under Lincoln SmartSecurity® Advantage.
Guaranteed Amount Annuity Payment Option—A fixed Annuity Payout option available under Lincoln SmartSecurity® Advantage under which the Contractowner (and spouse if applicable) will receive annual annuity payments equal to the Maximum Annual Withdrawal amount for life.
4
Guaranteed Income Benefit—An option that provides a guaranteed minimum payout floor for the i4LIFE® Advantage Regular Income Payments. The calculation of the Guaranteed Income Benefit or the features applicable to the Guaranteed Income Benefit may vary based on the rider provisions applicable to certain Contractowners.
i4LIFE® Advantage Credit—Under i4LIFE® Advantage, the additional amount credited to the Contract if both the minimum Access Period requirement and threshold value are met.
Investment Requirements—Restrictions in how you may allocate your Subaccount investments if you own certain Living Benefit Riders.
Lifetime Income Period—Under i4LIFE® Advantage, the period of time following the Access Period during which we make Regular Income Payments to you for the rest of your life (and Secondary Life, if applicable). During the Lifetime Income Period, you will no longer have access to your Account Value or receive a Death Benefit.
Lincoln New York (we, us, our, Company)—Lincoln Life & Annuity Company of New York.
Living Benefit Rider—A general reference to optional riders that provide some type of a minimum income guarantee while you are alive. If you own a Living Benefit Rider, Excess Withdrawals may have adverse effects on the benefit, and you may be subject to Investment Requirements.
Maximum Annual Withdrawal—The guaranteed periodic withdrawal available under Lincoln SmartSecurity® Advantage.
Periodic Income Commencement Date—The Valuation Date on which the amount of i4LIFE® Advantage Regular Income Payments are determined.
Persistency Credit—The additional amount credited to the Contract after the fourteenth contract anniversary.
Protected Income Base—(may be referred to as Income Base in your Contract)—Under Lincoln Lifetime IncomeSM Advantage
and 4LATER® Advantage, the Protected Income Base will be used to calculate the minimum payouts available under your Contract at a later date. The amount of the Protected Income Base varies based on when you elect the rider, and is adjusted as set forth in this prospectus.
Protected Annual Income Payout Option—(may be referred to as Guaranteed Annual Income Amount Annuity Payout Option or Maximum Annual Withdrawal Amount Annuity Payout Option in your Contract)—A payout option available under certain Living Benefit Riders in which the Contractowner (and spouse if applicable) will receive annual annuity payments equal to the Protected Annual Income amount for life.
Purchase Payments—Amounts paid into the Contract other than Bonus Credits and Persistency Credits.
Rate Sheet—A prospectus supplement, that will be filed periodically, where we declare the current Guaranteed Income Benefit percentages under i4LIFE® Advantage Select Guaranteed Income Benefit.
Regular Income Payments—The variable, periodic income payments paid under i4LIFE® Advantage.
Secondary Life—Under i4LIFE® Advantage, the person designated by the Contractowner upon whose life the annuity payments will also be contingent.
Subaccount—Each portion of the VAA that reflects investments in Accumulation and Annuity Units of a class of a particular fund available under the contracts. There is a separate Subaccount which corresponds to each class of a fund.
Valuation Date—Each day the New York Stock Exchange (NYSE) is open for trading.
Valuation Period—The period starting at the close of trading (normally 4:00 p.m., Eastern Time) on each day that the NYSE is open for trading (Valuation Date) and ending at the close of such trading on the next Valuation Date.
5
Overview of the Contract
Purpose of the Contract
The American Legacy III® Plus variable annuity contract is designed to accumulate Contract Value and to provide
income over a certain period of time or for life, subject to certain conditions. The Contract can supplement
your retirement income by providing a stream of income payments during the payout phase. The Contract also offers a Death
Benefit payable to your designated Beneficiaries upon the death of the Contractowner or Annuitant.
This Contract may be appropriate if you have a long-term investment horizon. It is
not intended for people who may need to make early or frequent withdrawals or intend to engage in frequent trading in the Subaccounts.
Phases of the Contract
Your Contract has two phases: (1) an accumulation (savings) phase, prior to the selection
of an Annuity Payout option; and (2) a payout (income) phase, after the selection of an Annuity Payout option.
Accumulation (Savings) Phase. To help you accumulate assets during the accumulation phase, you can invest your
payments and earnings in:
●
The variable options available under the Contract, each of which has an underlying
mutual fund with its own investment objective, strategies, and risks; investment adviser(s); expense ratio; and performance history;
and
●
A fixed account option, if available, which guarantees principal and a minimum interest
rate. Currently, the fixed account option is available for dollar-cost averaging (DCA) purposes only.
Additional information about each investment option is provided in Appendix A – Investment Options Available Under the Contract.
Annuity (Income) Phase. You can elect to annuitize your Contract and turn your Contract Value into a stream
of income payments (sometimes called Annuity Payouts), at which time the accumulation phase of the Contract
ends. These payments may continue for a set period of years, for as long as you live, or for the longer of the two. The payments may also be fixed or variable. Variable payments will vary based on the performance of the funds that you choose.
If you annuitize, your investments will be converted to income payments and you may
no longer be able to choose to make withdrawals from your Contract. All benefits during the accumulation phase (including guaranteed minimum Death Benefits and Living Benefit Riders) terminate upon annuitization.
However, several optional Living Benefit Riders offered under the Contract provide
lifetime income payments that may be guaranteed, and still allow you to make withdrawals and be eligible for a Death Benefit. Withdrawals
that exceed a Protected Income Amount are Excess Withdrawals that will reduce and could eliminate the income payments and other
benefits of the rider, including access to a Death Benefit.
Primary Features and Options of the Contract
Accessing your money. During the accumulation phase you can surrender the Contract or withdraw part of the Contract Value. If you surrender or take an early withdrawal, you may have to pay a surrender charge and/or you may incur taxes as well as a tax penalty if you are younger than 59½.
Tax treatment. You can transfer money between investment options without tax implications, and earnings
(if any) on your investments are generally tax-deferred. You are taxed only when: (1) you take a withdrawal or
surrender; (2) you receive an income payment from the Contract; or (3) upon payment of a Death Benefit.
Death Benefits. Your Contract includes a Death Benefit that will be paid upon the death of either
the Contractowner or the Annuitant. Optional Death Benefits that pay different amounts and have different fees may be
available. You will incur an additional fee if you select an optional Death Benefit. There is no guarantee that any optional Death Benefit will be available in the future,
as we reserve the right to discontinue them at any time.
Optional Living Benefit Riders. For an additional fee, you may be able to purchase one of the Living Benefit Riders
listed below. Each rider offers one of the following:
●
a minimum Annuity Payout:
●
i4LIFE® Advantage; and
●
i4LIFE® Advantage Guaranteed Income Benefit (available for transitions only).
The following Living Benefit Riders are no longer available:
●
Lincoln Lifetime IncomeSM Advantage,
●
Lincoln SmartSecurity® Advantage,
6
●
4LATER® Advantage, and
●
i4LIFE® Advantage Guaranteed Income Benefit (versions 1, 2, 3, 4).
Living Benefit Riders provide different methods to take income from your Contract
Value or receive lifetime payments and provide certain guarantees, regardless of the investment performance of the Contract. These
guarantees are subject to certain conditions, as set forth elsewhere in the prospectus.
There is no guarantee that any Living Benefit Rider (except i4LIFE® Advantage) will be available in the future, as we reserve the right to discontinue them at any time. Certain Living Benefit Riders guarantee a transition
to the applicable version of i4LIFE® Advantage Guaranteed Income Benefit, even if that version is no longer available for election.
Excess Withdrawals under certain Living Benefit Riders may result in a reduction or premature termination of those benefits or riders.
If you purchase a Living Benefit Rider (except i4LIFE® Advantage without the Guaranteed Income Benefit), you will be required to adhere
to Investment Requirements, which will limit your ability to invest in certain Subaccounts offered in your Contract. (These
Investment Requirements are explained in Appendix B – Investment Requirements.)
Additional Services. The additional services listed below are available under the Contract for no additional
charge (unless otherwise indicated).
●
Dollar-cost averaging (DCA) allows you to transfer amounts from the DCA fixed account, if available, or certain
Subaccounts into other Subaccounts on a monthly basis or in accordance with other terms we make available.
●
Portfolio rebalancing is an option that restores to a pre-determined level the percentage of Contract Value
allocated to each Subaccount.
●
Cross-Reinvestment allows you to automatically transfer the excess amount to another investment option
when the amount invested in an investment option exceeds a baseline amount.
●
Automatic Withdrawal Service (AWS) provides for an automatic periodic withdrawal of your Contract Value. Withdrawals
under AWS are subject to applicable surrender charges, taxes, and tax penalties.
7
Important Information You Should Consider About the American Legacy III® Plus Variable Annuity Contract
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FEES, EXPENSES, AND ADJUSTMENTS
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Location in
Prospectus
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||
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Are There
Charges or
Adjustments for
Early
Withdrawals?
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Yes:
A surrender charge may apply to a surrender or withdrawal of a Purchase Payment prior
to the 9th anniversary since the Purchase Payment was invested, up to 8.5% of the
amount withdrawn, declining to 0% over that time period. For example, if make a
withdrawal of $100,000 during the first year after your Purchase Payment, you could
be
assessed a charge of up to $8,500 on the Purchase Payment withdrawn. This loss will
be greater if there are taxes or tax penalties. A surrender charge will not apply
if your
withdrawal is made after the 9th anniversary since a Purchase Payment was invested.
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●Fee Tables
●Fee Tables –
Examples
●Charges, Other
Deductions,
and
Adjustments –
Surrender
Charge
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Are There
Transaction
Charges?
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No:
The Contract does not impose any transaction charges other than surrender charges.
Currently, there is no charge for a transfer, however, we reserve the right to charge
a
$50 fee for each transfer if you make more than 12 transfers in one Contract Year.
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●Fee Tables
●Charges, Other
Deductions,
and
Adjustments
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Are There
Ongoing Fees and
Expenses?
|
Yes:
Minimum and Maximum Annual Fee Table. The table below describes the fees and
expenses that you may pay each year, depending on the investment options and
optional benefits you choose. These charges do not reflect Bonus Credits or Persistency
Credits. Please refer to your contract specifications page in your Contract for
information about the specific fees and expenses you will pay each year based on the
options you have elected.
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●Fee Tables
●Fee Tables –
Examples
●Charges, Other
Deductions,
and
Adjustments
●Appendix A –
Investment
Options
Available
Under the
Contract
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Annual Fee
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Minimum
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Maximum
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Base Contract – Account Value Death
Benefit
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1.52%1
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1.52%1
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Base Contract – Guarantee of Principal
Death Benefit
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1.57%1
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1.57%1
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Base Contract – Enhanced Guaranteed
Minimum Death Benefit
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1.82%1
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1.82%1
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Fund fees and expenses
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0.53%2
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2.76%2
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Optional benefits available for an
additional charge (for a single optional
benefit, if elected)
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0.40%1
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2.45%3
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1 As a percentage of average Contract Value. For the base contract, also includes an
amount attributable
to the Annual Account Fee.
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2 As a percentage of fund net assets, before expense reimbursements or fee waiver arrangements.
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3 As an annualized percentage of the Protected Income Base.
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Lowest and Highest Annual Cost Table. Because your Contract is customizable, the
choices you make affect how much you will pay. To help you understand the cost of
owning your Contract, the following table shows the lowest and highest cost you could
pay each year, based on current charges. This estimate assumes that you do not take
withdrawals from the Contract, which could add surrender charges that substantially
increase costs.
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8
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FEES, EXPENSES, AND ADJUSTMENTS
|
Location in
Prospectus
|
||
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Lowest Annual Cost: $2,555
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Highest Annual Cost: $6,598
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Assumes:
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Assumes:
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●Investment of $100,000
●5% annual appreciation
●Least expensive fund fees and
expenses
●No optional benefits
●No surrender charges
●No additional Purchase Payments,
transfers, or withdrawals
|
●Investment of $100,000
●5% annual appreciation
●Most expensive combination of
optional benefits, fund fees and
expenses
●No surrender charges
●No additional Purchase Payments,
transfers, or withdrawals
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RISKS
|
Location in
Prospectus
|
||
|
Is There a Risk of
Loss From Poor
Performance?
|
Yes:
●You can lose money by investing in this Contract, including loss of principal.
|
●Principal Risks
●Investments of
the Variable
Annuity
Account
|
||
|
Is This a Short-
Term Investment?
|
No:
●This Contract is not designed for short-term investing and is not appropriate for
the
investor who needs ready access to cash.
●A surrender or withdrawal may result in surrender charges. Any surrender charge will
reduce the value of your Contract or the amount of money that you actually receive.
●The benefits of tax deferral, long-term income, and living benefit protections mean
the Contract is more beneficial to investors with a long-term investment horizon.
●Surrenders and withdrawals are subject to ordinary income tax and may be subject
to tax penalties.
|
●Fee Tables
●Principal Risks
●Charges, Other
Deductions,
and
Adjustments
●Surrenders and
Withdrawals
●Benefits
Available
Under the
Contract
●Fixed Side of
the Contract
|
||
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What are the
Risks Associated
With the
Investment
Options?
|
●An investment in this Contract is subject to the risk of poor investment performance
of the investment options you choose. Performance can vary depending on the
performance of the investment options available under the Contract.
●Each investment option (including the fixed account option) has its own unique risks.
●You should review the available investment options before making an investment
decision.
|
●Principal Risks
●Investments of
the Variable
Annuity
Account
●Fixed Side of
the Contract
|
||
|
What are the
Risks Related to
the Insurance
Company?
|
●An investment in the Contract is subject to the risks related to Lincoln New York.
Any
obligations (including under the fixed account option), guarantees, or benefits of
the
Contract are subject to our claims-paying ability. If we experience financial distress,
we may not be able to meet our obligations to you. More information about Lincoln
New York, including our financial strength ratings, is available upon request by
calling 1-800-942-5500 or visiting www.LincolnFinancial.com.
|
●Principal Risks
●Fixed Side of
the Contract
|
||
9
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RESTRICTIONS
|
Location in
Prospectus
|
||
|
Are There
Restrictions on
the Investment
Options?
|
Yes:
●Not all investment options may be available for investment under your Contract.
●The frequency of transfers between investment options is restricted. There are also
restrictions on the minimum amount that may be transferred from a variable option
and the maximum amount that may be transferred from the fixed account option, if
available.
●We reserve the right to charge a $50 fee for each transfer if you make more than 12
transfers in one Contract Year.
●We reserve the right to remove or substitute any funds as investment options that
are available under the Contract.
●Your ability to transfer between investment options may also be restricted as a result
of Investment Requirements if you have elected an optional benefit.
|
●Principal Risks
●Investments of
the Variable
Annuity
Account
●Fixed Side of
the Contract
●Appendix A –
Investment
Options
Available
Under the
Contract
|
||
|
Are There any
Restrictions on
Contract
Benefits?
|
Yes:
●Optional benefits may have limitations or restrictions, including the investment
options that you may select under the Contract. We may change these restrictions in
the future.
●Excess Withdrawals may reduce the value of an optional benefit by an amount
greater than the value withdrawn or result in termination of the benefit.
●You are required to have a certain level of Contract Value for some new benefit
elections.
●We may modify or stop offering an optional benefit that is currently available at
any
time.
●If you elect certain optional benefits, you may be limited in the amount of Purchase
Payments that you can make (and when).
|
●The Contracts
●Benefits
Available
Under the
Contract
●Appendix B –
Investment
Requirements
●Appendix C –
Discontinued
Living Benefit
Riders
|
||
|
|
TAXES
|
Location in
Prospectus
|
||
|
What are the
Contract’s Tax
Implications?
|
●Consult with a tax professional to determine the tax implications of an investment
in
and payments received under this Contract.
●If you purchase the Contract through a tax-qualified plan or IRA, you do not get any
additional tax benefit under the Contract.
●Earnings on your Contract may be taxed at ordinary income tax rates when you
withdraw them, and you may have to pay a penalty if you take a withdrawal before
age 59½.
|
●Federal Tax
Matters
|
||
|
|
CONFLICTS OF INTEREST
|
Location in
Prospectus
|
||
|
How are
Investment
Professionals
Compensated?
|
●Your registered representative may receive compensation for selling this Contract
to
you, both in the form of commissions and because we may share the revenue it
earns with the professional’s firm. (Your investment professional may be your broker,
investment adviser, insurance agent, or someone else.)
●This potential conflict of interest may influence your investment professional to
recommend this Contract over another investment.
|
●Distribution of
the Contracts
|
||
|
Should I
Exchange My
Contract?
|
●If you already own a contract, some investment professionals may have a financial
incentive to offer you a new contract in place of the one you own. You should only
exchange your contract if you determine, after comparing the features, fees, and
risks of both contracts, that it is better for you to purchase the new contract rather
than continue to own your existing contract.
|
●The Contracts
– Replacement
of Existing
Insurance
|
||
10
Fee Tables
The following tables describe the fees and expenses that you will pay when buying,
owning, and surrendering or making withdrawals from the Contract. Please refer to your Contract Specifications page for information
about the specific fees you will pay each year based on the options you have elected.
The first table describes the fees and expenses that you will pay at the time that
you buy the Contract, surrender or make withdrawals from the Contract, or transfer Contract Value between investment options, and/or
the fixed account (if available). State premium taxes may also be deducted. Currently there is no premium tax levied for New
York residents.
|
Surrender charge (as a percentage of Purchase Payments surrendered/withdrawn):1
|
8.5%
|
|
Transfer charge:2
|
up to $50
|
We may also apply an Interest Adjustment to amounts being withdrawn, surrendered or
transferred from the fixed account prior to the expiration date of a Guaranteed Period.3 A negative Interest Adjustment will result in the loss of some or all previously
credited interest in excess of the guaranteed minimum interest rate, if any.
1
The surrender charge percentage is reduced over a 9-year period at the following rates:
8.5%, 8.5%, 8%, 7%, 6%, 5%, 4%, 3%, 2%. The later the redemption occurs, the lower the surrender charge with respect to that surrender or withdrawal.
We may reduce or waive this charge in certain situations. See Charges, Other Deductions, and Adjustments — Surrender Charge.
2
The transfer charge will not be imposed on the first 12 transfers during a Contract
Year. We reserve the right to charge a $50 fee for the 13th and each additional transfer during any Contract Year, excluding automatic dollar cost averaging, portfolio
rebalancing and cross reinvestment transfers.
3
An Interest Adjustment will not apply to dollar cost averaging, cross-reinvestment,
withdrawals up to the Maximum Annual Withdrawal amount under Lincoln SmartSecurity® Advantage and Regular Income Payments under i4LIFE® Advantage or certain other transactions under the Contract. See Charges, Other
Deductions, and Adjustments — Interest Adjustment.
The next table describes the fees and expenses that you will pay each year during the time that you own the Contract (not including fund fees and expenses). If you choose to purchase an optional benefit, you will
pay additional charges, as shown below.
|
Administrative Expense (Annual Account Fee):1
|
|
$35
|
|
|
|
|
|
Base Contract Expenses (as a percentage of average Contract Value)2, 3
|
|
|
|
Account Value Death Benefit
|
|
1.50%
|
|
Guarantee of Principal Death Benefit
|
|
1.55%
|
|
Enhanced Guaranteed Minimum Death Benefit (EGMDB)
|
|
1.80%
|
|
Optional Benefit Expenses (Protected Lifetime Income Fees)
|
Single
Life
|
Joint
Life
|
|
Lincoln Lifetime IncomeSM Advantage:4
|
|
|
|
Guaranteed Maximum Annual Charge
|
1.50%
|
1.50%
|
|
Current Charge
|
0.90%
|
0.90%
|
|
Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up option:5
|
|
|
|
Guaranteed Maximum Annual Charge
|
1.50%
|
1.50%
|
|
Current Charge
|
0.85%
|
1.00%
|
|
Lincoln SmartSecurity® Advantage – 5 Year Elective Step-up option:5
|
|
|
|
Guaranteed Maximum Annual Charge
|
0.95%
|
N/A
|
|
Current Charge
|
0.85%
|
N/A
|
|
4LATER® Advantage:6
|
|
|
|
Guaranteed Maximum Annual Charge
|
1.50%
|
N/A
|
|
Current Charge
|
0.65%
|
N/A
|
|
i4LIFE® Advantage:7
|
|
|
11
|
Current Charge
|
0.40%
|
0.40%
|
|
|
|
|
|
|
|
|
|
i4LIFE® Advantage Select Guaranteed Income Benefit:8
|
|
|
|
Guaranteed Maximum Annual Charge
|
2.25%
|
2.45%
|
|
Current Charge
|
0.95%
|
1.15%
|
|
i4LIFE® Advantage Guaranteed Income Benefit (version 4):8
|
|
|
|
Guaranteed Maximum Annual Charge
|
2.00%
|
2.00%
|
|
Current Charge
|
0.65%
|
0.85%
|
|
i4LIFE® Advantage Guaranteed Income Benefit (versions 1, 2 and 3):9
|
|
|
|
Guaranteed Maximum Annual Charge
|
1.50%
|
1.50%
|
|
Current Charge
|
0.50%
|
0.50%
|
1
During the accumulation phase, the account fee will be deducted from your Contract
Value on each contract anniversary, or upon surrender of your Contract. The account fee will be waived if your Contract Value is $100,000 or more on the contract
anniversary (or date of surrender). For contracts purchased between September 10, 2007 and November 15, 2010, the account fee is $50. For contracts purchased
prior to September 10, 2007, the account fee is $30. For all contracts purchased prior to November 15, 2010, the account fee will be waived if
your Contract Value is $50,000 or more at the end of any particular Contract Year. This account fee will be waived after the fifteenth Contract Year, regardless
of your Contract Value. Older contracts may have a different fee.
2
For contracts purchased prior to July 22, 2005, the total annual charges are as follows: EGMDB 1.60%; Guarantee of Principal 1.50%; Account Value N/A. In the event of a subsequent Death Benefit change, the charge will be based on the charges
in effect at the time the Contract was purchased.
3
Each base contract expense includes an administrative charge of 0.10%.
4
As an annualized percentage of the Protected Income Base as increased for subsequent
Purchase Payments, any Bonus Credits, Account Value Step-ups, 5% Enhancements and the 200% step-up and decreased for withdrawals. This fee is deducted
from the Contract Value on a quarterly basis. A discussion of the fees for this closed rider can be found in an Appendix to this prospectus.
5
As an annualized percentage of the Guaranteed Amount, as increased for subsequent
Purchase Payments, any Bonus Credits and step-ups and decreased for withdrawals. This charge is deducted from the Contract Value on a quarterly basis.
The current annual charge rate may increase periodically to the rate listed above upon the next election of a step-up of the Guaranteed Amount. A discussion of
the charges for this closed rider can be found in an Appendix to this prospectus.
6
As an annualized percentage of the Protected Income Base, as increased for subsequent
Purchase Payments, automatic 15% enhancements, and resets and decreased for withdrawals. This fee is deducted from the Subaccounts on a quarterly
basis. The current annual charge rate may increase to the current annual fee listed above upon the next election to reset the Protected Income Base. A discussion
of the fees for this closed rider can be found in an Appendix to this prospectus.
7
As an annualized percentage of average Account Value, computed daily. This charge
is assessed only on and after the effective date of i4LIFE® Advantage and is added to your base contract expense. These charges continue during the Access Period.
The i4LIFE® Advantage charge rate is 0.45% for contracts with the EGMDB that were purchased prior to July 22, 2005. During the Lifetime Income Period, the i4LIFE® Advantage charge rate of 0.40% is added to the Account Value Death Benefit base contract expense. See Charges, Other Deductions, and Adjustments — i4LIFE® Advantage Charge for more information.
8
These charges are added to the i4LIFE® Advantage charge to comprise the total charges. During the Lifetime Income Period,
the Guaranteed Income Benefit charge rate is added to the Account Value Death Benefit base contract expense plus the i4LIFE® Advantage charge. See Appendix C – i4LIFE® Advantage Guaranteed Income Benefit Charge for more information.
9
This charge is added to the i4LIFE® Advantage charge to comprise the total charges. During the Lifetime Income Period,
the Guaranteed Income Benefit charge is added to the i4LIFE® Advantage charge of 1.65%. The percentage charge may change to the current charge
in effect at the time you elect an additional step-up period, not to exceed the guaranteed maximum charge percentage. See Appendix C – i4LIFE® Advantage Guaranteed Income Benefit Charge for more
information. i4LIFE® Advantage with Guaranteed Income Benefit is only available within contracts purchased
prior to June 30, 2009.
The next item shows the minimum and maximum total annual operating expenses charged
by the funds that you may pay periodically during the time that you own the Contract. Expenses shown may change over time and
may be higher or lower in the future. A complete list of funds available under the Contract, including their annual expenses,
may be found in an appendix to this prospectus. See Appendix A – Investment Options Available Under the Contract.
|
Annual Fund Expenses
|
Minimum
|
Maximum
|
|
Expenses that are deducted from the fund assets, including
management fees, distribution and/or service (12b-1) fees, and other
expenses before any fee waivers or expense reimbursements.
|
0.53
%
|
2.76
%
|
|
Expenses that are deducted from the fund assets, including
management fees, distribution and/or service (12b-1) fees, and other
expenses after any fee waivers or expense reimbursements.1
|
0.47
%
|
1.06
%
|
1
Any fee waivers or expense reimbursements will remain in effect until at least April 30, 2027, and can only be terminated early with approval by the fund’s board of directors.
12
EXAMPLES
The following Examples are intended to help you compare the cost of investing in the
variable options with the cost of investing in other annuity contracts that offer variable options. These costs include transaction expenses, contract fees, annual contract expenses, and annual fund fees and expenses.
The Examples assume all Contract Value is allocated to the variable investment options.
Your costs could differ from those shown below if you invest in the fixed account option (if available).
The first Example assumes that you invest $100,000 in the variable options for the time periods indicated. The Example also assumes that your investment has a 5% return each year, the maximum fees and expenses
of any of the funds, and that i4LIFE® Advantage with the EGMDB Death Benefit and i4LIFE® Advantage Select Guaranteed Income Benefit at the guaranteed maximum charge are in effect. Although your actual costs may be higher or lower, based on
these assumptions, your costs would be:
1) If you surrender your Contract at the end of the applicable time period:
|
1 year
|
3 years
|
5 years
|
10 years
|
|
$15,820
|
$29,502
|
$41,001
|
$65,974
|
2) If you annuitize or do not surrender your Contract at the end of the applicable
time period:
|
1 year
|
3 years
|
5 years
|
10 years
|
|
$7,320
|
$21,502
|
$35,001
|
$65,974
|
The next Example assumes that you invest $100,000 in the variable options for the time periods indicated. The Example also assumes that your investment has a 5% return each year, the maximum fees and expenses
of any of the funds, and that EGMDB Death Benefit and Lincoln Lifetime IncomeSM Advantage at the guaranteed maximum charge are in effect. Although your actual costs may be higher or lower, based on these assumptions, your costs would be:
1) If you surrender your Contract at the end of the applicable time period:
|
1 year
|
3 years
|
5 years
|
10 years
|
|
$14,589
|
$26,450
|
$36,931
|
$62,419
|
2) If you annuitize or do not surrender your Contract at the end of the applicable
time period:
|
1 year
|
3 years
|
5 years
|
10 years
|
|
$6,089
|
$18,450
|
$30,931
|
$62,419
|
For more information, see Charges, Other Deductions, and Adjustments in this prospectus, and the prospectus for the funds. Premium taxes may also apply, although they do not appear in the examples. The examples do
not reflect Bonus Credits, Persistency Credits, or i4LIFE® Advantage Credits. Different fees and expenses not reflected in the examples may
be imposed during a period in which Annuity Payouts are made. See Annuity Payouts. These examples should not be considered a representation of past or future expenses. Actual expenses may be more or less than those shown.
Principal Risks
The principal risks of investing in the Contract include:
Risk of Loss. You can lose money by investing in this Contract, including loss of principal. Neither
the U.S. Government nor any federal agency insures or guarantees your investment in the Contract.
Short-Term Investment Risk. This Contract is not designed for short-term investing and is not appropriate for
an investor who needs ready access to cash. The benefits of tax deferral, long-term income, and living benefit
protections also mean that the Contract is more beneficial to investors with a long-term horizon.
Variable Option Risk. You take all the investment risk on the Contract Value and the retirement income
for amounts placed into one or more of the Subaccounts, which invest in corresponding underlying funds. If the
Subaccounts you select make money, your Contract Value goes up; if they lose money, your Contract Value goes down. How much it goes
up or down depends on the performance of the Subaccounts you select. Each underlying fund is subject to its own investment
risks. When you invest in a Subaccount, you are exposed to the investment risks of the underlying fund. We reserve the right to remove or substitute any funds as investment options that are available under the Contract.
Investment Requirements Risk. If you elect an optional benefit, you may be subject to Investment Requirements. This means you may not be permitted to invest in certain investment options or you may be permitted
to invest in certain investment options only to a
13
limited extent. Failing to satisfy applicable Investment Requirements may result in
the termination of your optional benefit. We impose Investment Requirements to reduce the risk of investment losses that may require us
to use our own assets to make guaranteed payments under an optional benefit. In turn, your compliance with the Investment Requirements
could limit your participation in market gains. This may conflict with your investment objectives by limiting your ability
to maximize potential growth of your Contract Value and the value of your guaranteed benefits.
Managed Volatility Fund Risk. Certain underlying funds may employ risk management strategies to provide for downside
protection during sharp downward movements in equity markets. These funds usually, but not always, have “Managed Risk” or “Managed Volatility” in the name of the fund. These strategies could limit the upside participation of
the fund in rising equity markets relative to other funds. The optional Death Benefits and Living Benefit Riders offered under the Contract
also provide protection in the event of a market downturn. Likewise, there are additional costs associated with these Death Benefits
and Living Benefit Riders, which can limit the Contract’s upside participation in the markets. Many of these funds are included in the Investment Requirements associated with certain Living Benefit Riders. Risk management strategies, in periods of high market volatility,
could limit your participation in market gains. This may conflict with your investment objectives by limiting your ability
to maximize potential growth of your Contract Value and the value of your guaranteed benefits. For more information on these funds and
their risk management strategies, please see the funds’ prospectuses.
Withdrawal Risk (Illiquidity Risk). You should carefully consider the risks associated with taking a withdrawal or surrender
under the Contract. If you take a withdrawal or surrender the Contract, any applicable surrender
charges will reduce the value of your Contract or the amount of money that you ultimately receive. The proceeds of your withdrawal
or surrender may be subject to ordinary income taxes, including a tax penalty if you are younger than age 59½.
You should also consider the impact that a withdrawal may have on the standard and
optional benefits under your Contract. For example, under certain Living Benefit Riders, excess or early withdrawals may reduce
the value of the guaranteed benefit by an amount greater than the amount withdrawn and could result in termination of the benefit.
Transfer Risk. Your ability to transfer amounts between investment options is subject to restrictions.
You are generally restricted to no more than 12 transfers per Contract Year. There are also restrictions on the minimum
amount that may be transferred from a variable option and the maximum amount that may be transferred from the fixed account option.
If permitted by your Contract, we may discontinue accepting transfers into the fixed side of the contract at any time. Your
ability to transfer between investment options may also be restricted as a result of Investment Requirements if you have elected an optional
benefit.
Purchase Payment Risk. Your ability to make additional Purchase Payments may be restricted under the Contract,
depending on the version of the Contract that you own, the optional benefits that you have elected,
and other factors.
You must obtain our approval for Purchase Payments totaling $5 million or more where the only optional benefits elected are the Account Value Death Benefit and/or i4LIFE® Advantage without the Guaranteed Income Benefit and $1 million or more for all other contracts. At the Company’s discretion, either amount may consider total Purchase Payments for all contracts issued by the Company (or its affiliates) for the same Contractowner, joint owner, and/or Annuitant.
Additionally, if you elect a Living Benefit Rider (other than any version of i4LIFE® Advantage Guaranteed Income Benefit), after the first anniversary of the rider effective date, once cumulative additional Purchase Payments
exceed $100,000, additional Purchase Payments will be limited to $50,000 per Benefit Year.
If you elect any version of i4LIFE® Advantage Guaranteed Income Benefit, no additional Purchase Payments will be allowed
at any time after the Periodic Income Commencement Date. If you elect i4LIFE® Advantage without Guaranteed Income Benefit, no additional Purchase Payments will be allowed after the Periodic Income Commencement Date for
nonqualified contracts. For more information about these restrictions and limitations, see The Contracts – Purchase Payments.
Bonus Credit Risk. Expenses for contracts offering a Bonus Credit may be higher than similar contracts
without a Bonus Credit. Because of this, the amount of the Bonus Credit may be more than offset by additional
charges associated with the Bonus Credit.
Election of Optional Benefit Risk. There are a variety of optional benefits under the Contract that are designed for
different financial goals and to protect against different financial risks. There is a risk that you may
not choose the benefit or benefits that are best suited for you based on your present or future needs and circumstances. In addition, if you
elect an optional benefit and do not use it, or if the contingencies upon which the benefit depend never occur, you will have paid for
a benefit that did not provide a financial return. There is also a risk that a financial return of an optional benefit, if any, will
ultimately be less than the amount you paid for the benefit. You should consult with your registered representative to determine which optional
benefits (if any) are appropriate for you.
Fee and Expense Risk. You are subject to the risk that we may increase certain contract fees and charges,
and that underlying fund expenses may increase.
Financial Strength and Claims-Paying Ability Risk. An investment in the Contract is subject to the risks related to us, Lincoln New
York. Any obligations (including under the fixed account option), guarantees, or benefits
of the Contract are subject to our claims-paying ability. If we experience financial distress, we may not be able to meet our obligations
to you.
14
Cybersecurity and Business Interruption Risks. We rely heavily on our computer systems and those of our business partners and service providers to conduct our business. As such, our business is vulnerable to
cybersecurity risks and business interruption risks. These risks include, among other things, the theft, loss, misuse, corruption and destruction
of data; interference with or denial of service; attacks on websites or systems; operational disruptions; and unauthorized release
of confidential customer or business information. Cybersecurity risks affecting us, any third-party administrators, underlying funds,
index providers, intermediaries, and service providers may adversely affect us and/or your Contract. For instance, systems failures
and cyberattacks may interfere with our processing of Contract transactions, including order processing; impact our ability to calculate
Accumulation Unit values or other Contract values; cause the release and possible destruction of confidential customer or business
information; and/or subject us to regulatory fines, litigation, financial losses or reputational damage. Cybersecurity risks may
also impact the issuers of securities in which the underlying funds invest (or the securities that compose an Index), which may cause
your Contract to lose value. There can be no assurance that systems disruptions, cyberattacks and information security breaches
will always be detected, prevented, or avoided in the future.
In addition to cybersecurity risks, we are exposed to risks related to natural and
man-made disasters, such as (but not limited to) storms, fires, floods, earthquakes, public health crises, malicious acts, and terrorist
acts. Any such disasters could interfere with our business and our ability to administer the Contract. For example, they could lead
to delays in our processing of Contract transactions, including orders from Contractowners, or could negatively impact our ability to calculate Accumulation Unit values or
other Contract Values. They may also impact the issuers of securities in which the underlying funds
invest (or the securities that compose an Index), which may cause your Contract to lose value. There can be no assurance that negative
impacts associated with natural and man-made disasters will always be avoided.
Financial Statements
The December 31, 2025 financial statements of the VAA and the December 31, 2025 financial statements of Lincoln New York are located in the Statement of Additional Information (SAI). Instructions on how to obtain
a free copy of the SAI are provided on the last page of this prospectus.
Investments of the Variable Annuity Account
You decide the Subaccount(s) to which you allocate Purchase Payments. Bonus Credits
are allocated to the Subaccounts at the same time and at the same percentage as the Purchase Payments being made. There is a separate
Subaccount which corresponds to each class of each fund available under the Contract. Contract Value allocated to a Subaccount will vary based on the investment experience of the corresponding fund in which the Subaccount invests. There is a risk of loss
of the entire amount invested. You may change your allocation without penalty or charges. Shares of the funds will be sold
at net asset value with no initial sales charge to the VAA in order to fund the contracts. The funds are required to redeem fund shares at
net asset value upon our request.
Descriptions of the Funds
Information regarding each fund, including (1) its name, (2) its type or investment
objective, (3) its investment adviser and any sub-investment adviser, (4) current expenses, and (5) performance is available in Appendix A – Investment Options Available Under the Contract. Each fund has issued a prospectus that contains more detailed information
about the fund. Paper or electronic copies of the fund prospectuses may be obtained by contacting our Servicing Office or visiting www.lfg.com/VAprospectus.
Certain Payments We Receive with Regard to the Funds
We (and/or our affiliates) incur expenses in promoting, marketing, and administering
the contracts and the underlying funds. With respect to a fund, including affiliated funds, the adviser and/or distributor, or
an affiliate thereof, may make payments to us (or an affiliate) for certain services we provide on behalf of the funds. Such services include,
but are not limited to, recordkeeping; aggregating and processing purchase and redemption orders; providing Contractowners with statements
showing their positions within the funds; processing dividend payments; providing subaccounting services for shares held
by Contractowners; and forwarding shareholder communications, such as proxies, shareholder reports, dividend and tax notices, and
printing and delivering prospectuses and updates to Contractowners. It is anticipated that such payments will be based on a
percentage of assets of the particular fund attributable to the contracts along with certain other variable contracts issued or administered
by us (or an affiliate). These percentages are negotiated and vary with each fund. Some advisers and/or distributors may pay us significantly
more than other advisers and/or distributors and the amount we receive may be substantial. These percentages currently range up
to 0.27%. We (or our affiliates) may profit from these payments. These payments may be derived, in whole or in part, from
the investment advisory fee deducted from fund assets. Contractowners, through their indirect investment in the funds, bear
the costs of these investment advisory fees (see the funds' prospectuses for more information). Additionally, a fund's adviser and/or distributor
or its affiliates may provide us with certain services that assist us in the distribution of the contracts and may pay us and/or
certain affiliates amounts for marketing programs and sales support, as well as amounts to participate in training and sales meetings.
15
In addition to the payments described above, the American Funds and LVIP Funds offered
as part of this Contract make payments to us under their distribution plans (12b-1 plans) for the marketing and distribution
of fund shares. The payment rates range up to 0.35% based on the amount of assets invested in those funds. Payments made out of
the assets of the fund will reduce the amount of assets that otherwise would be available for investment, and will reduce the fund's
investment return. The dollar amount of future asset-based fees is not predictable because these fees are a percentage of the fund's
average net assets, which can fluctuate over time. If, however, the value of the fund goes up, then so would the payment to us
(or our affiliates). Conversely, if the value of the funds goes down, payments to us or our affiliates would decrease.
Selection of the Funds
We select the funds offered through the Contract based on several factors, including,
without limitation, asset class coverage, the strength of the manager’s reputation and tenure, brand recognition, performance, the capability and qualification of each sponsoring investment firm, and whether the fund is affiliated with us.
As noted above, a factor we may consider during the initial selection process is whether
the fund (or an affiliate, investment adviser or distributor of the fund) being evaluated is an affiliate of ours and whether we are
compensated for providing administrative, marketing, and/or support services that would otherwise be provided by the fund, its investment
adviser or its distributor.
Some funds pay us significantly more than others and the amount we receive may be
substantial. We often receive more revenue from an affiliated fund than one that is not affiliated with us. These factors give
us an incentive to select a fund that yields more revenue for us or our affiliates, and this is often an affiliated fund.
We may also consider the ability of the fund to help manage volatility and our risks
associated with the guarantees we provide under the Contract and under optional riders, especially the Living Benefit Riders.
We review each fund periodically after it is selected. We reserve the right to remove
a fund or restrict allocation of additional Purchase Payments to a fund if we determine the fund no longer meets one or more of the factors
and/or if the fund has not attracted significant Contractowner assets.
Finally, when we develop a variable annuity product in cooperation with a fund family or distributor (e.g., a “private label” product), we generally will include funds based on recommendations made by the fund family or distributor,
whose selection criteria may differ from our selection criteria. Certain funds offered as part of this Contract have similar
investment objectives and policies to other portfolios managed by the adviser. The investment results of the funds, however, may be higher
or lower than the other portfolios that are managed by the adviser or sub-adviser. There can be no assurance, and no representation
is made, that the investment results of any of the funds will be comparable to the investment results of any other portfolio managed
by the adviser or sub-adviser, if applicable.
Certain funds invest their assets in other funds. As a result, you will pay fees and
expenses at both fund levels. This will reduce your investment return. These arrangements are referred to as funds of funds or master-feeder
funds, which may have higher expenses than funds that invest directly in debt or equity securities. An adviser affiliated
with us manages some of the available funds of funds. Our affiliates may promote the benefits of such funds to Contractowners and/or suggest
that Contractowners consider whether allocating some or all of their Contract Value to such portfolios is consistent with their desired
investment objectives. In doing so, we may be subject to conflicts of interest insofar as we may derive greater revenues from
the affiliated fund of funds than certain other funds available to you under your Contract.
Certain funds may employ risk management strategies to provide for downside protection
during sharp downward movements in equity markets. These funds usually, but not always, have “Managed Risk” or “Managed Volatility” in the name of the fund. These strategies could limit the upside participation of the fund in rising equity markets
relative to other funds. The Death Benefits and Living Benefit Riders offered under the Contract also provide protection in the event of
a market downturn. Risk management strategies, in periods of high market volatility, could limit your participation in market gains;
this may conflict with your investment objectives by limiting your ability to maximize potential growth of your Contract Value and, in
turn, the value of any guaranteed benefit that is tied to investment performance.
For more information on these funds and their risk management strategies, please see
the Investment Requirements section of this prospectus. You should consult with your registered representative to determine which
combination of investment choices are appropriate for you.
Fund Shares
We will purchase shares of the funds at net asset value and direct them to the appropriate
Subaccounts of the VAA. We will redeem sufficient shares of the appropriate funds to pay Annuity Payouts, Death Benefits,
surrender/withdrawal proceeds or for other purposes described in the Contract. If you want to transfer all or part of your investment
from one Subaccount to another, we may redeem shares held in the first Subaccount and purchase shares of the other. Redeemed
shares are retired, but they may be reissued later.
16
Shares of the funds are not sold directly to the general public. They are sold to
us, and may be sold to other insurance companies, for investment of the assets of the Subaccounts established by those insurance companies
to fund variable annuity and variable life insurance contracts.
Reinvestment of Dividends and Capital Gain Distributions
All dividends and capital gain distributions of the funds are automatically reinvested
in shares of the distributing funds at their net asset value on the date of distribution. Dividends are not paid out to Contractowners
as additional units, but are reflected as changes in unit values.
Addition, Deletion or Substitution of Investments
We reserve the right, within the law, to make certain changes to the structure and
operation of the VAA at our discretion and without your consent. We may add, delete, or substitute funds for all Contractowners or only for certain
classes of Contractowners. New or substitute funds may have different fees and expenses, and may only be offered
to certain classes of Contractowners.
Substitutions may be made with respect to existing investments or the investment of
future Purchase Payments, or both. In the event of a substitution, the Contract Value allocated to the existing fund will be allocated
to the substitute fund. Any future allocations to the substitute fund will automatically be allocated according to the instructions we have
on file for you unless otherwise instructed by you. If we don’t have instructions from you on file, your Purchase Payments will be allocated to the substitute fund.
We may close Subaccounts to allocations of Purchase Payments or Contract Value, or
both, at any time in our sole discretion. The funds, which sell their shares to the Subaccounts pursuant to participation agreements,
also may terminate these agreements and discontinue offering their shares to the Subaccounts. In the event of a fund closure,
any Contract Value you have invested in the closed fund will remain in that fund until you transfer it elsewhere. Any future allocation
to the closed fund will be allocated in accordance with the instructions we have on file for you unless you instruct us otherwise.
In addition, a Subaccount may become unavailable due to the liquidation of its underlying
fund portfolio. To the extent permitted by applicable law, upon notice to you and unless you otherwise instruct us, we will re-allocate
any Contract Value in the liquidated fund to the money market subaccount. Any future allocations to the liquidated fund will
automatically be allocated according to the instructions we have on file for you unless you instruct us otherwise.
From time to time, certain underlying funds may merge with other funds. If a merger
of an underlying fund occurs, the Contract Value allocated to the existing fund will be merged into the surviving underlying fund.
Any future allocations, including future Purchase Payments, to the merged fund will automatically be allocated to the surviving underlying fund
unless you instruct us otherwise.
We may also:
●
remove, combine, or add Subaccounts and make the new Subaccounts available to you
at our discretion;
●
transfer assets supporting the contracts from one Subaccount to another or from the
VAA to another separate account;
●
combine the VAA with other separate accounts and/or create new separate accounts;
●
deregister the VAA under the 1940 Act; and
●
operate the VAA as a management investment company under the 1940 Act or as any other
form permitted by law.
We may modify the provisions of the contracts to reflect changes to the Subaccounts
and the VAA and to comply with applicable law. We will not make any changes without any necessary approval by the SEC. We will also
provide you written notice.
Charges, Other Deductions, and Adjustments
We will deduct the charges described below to cover our costs and expenses, services
provided and risks assumed under the contracts. We incur certain costs and expenses for the distribution and administration of the
contracts and for providing the benefits payable thereunder.
Our administrative services include:
●
processing applications for and issuing the contracts;
●
processing purchases and redemptions of fund shares as required (including dollar
cost averaging, cross-reinvestment, portfolio rebalancing, and automatic withdrawal services – See Additional Services and the SAI for more information on these programs);
●
maintaining records;
●
administering Annuity Payouts;
●
furnishing accounting and valuation services (including the calculation and monitoring
of daily Subaccount values);
●
reconciling and depositing cash receipts;
●
providing contract confirmations;
●
providing toll-free inquiry services; and
17
●
furnishing telephone and other electronic surrenders, withdrawals and fund transfer
services.
The risks we assume include:
●
the risk that lifetime payments from Living Benefit Riders will exceed the Contract
Value;
●
the risk that Death Benefits paid will exceed the actual Contract Value;
●
the risk that, if a Guaranteed Income Benefit rider is in effect, the required Regular
Income Payments will exceed the Account Value;
●
the risk that Annuitants upon which Annuity Payouts are based live longer than we
assumed when we calculated our guaranteed rates (these rates are incorporated in the Contract and cannot be changed);
●
the risk that more Contractowners than expected will qualify for waivers of the surrender
charge; and
●
the risk that our costs in providing the services will exceed our revenues from contract
charges (which we cannot change).
The amount of a charge may not necessarily correspond to the costs associated with
providing the services or benefits indicated by the description of the charge. Any remaining expenses will be paid from our general
account which may consist, among other things, of proceeds derived from base contract expenses deducted from the account. A portion
of the mortality and expense risk and administrative charge and a portion of the surrender charges are assessed to fully or partially
recoup Bonus Credits paid into the Contract by Lincoln New York when Purchase Payments are made. We may profit from one or more
of the fees and charges deducted under the Contract. We may use these profits for any corporate purpose, including financing
the distribution of the contracts.
Obligations under the Contracts that are funded by our general account include 1) the obligation to make lifetime benefit payments under Living Benefit Riders that exceed the Contract Value; 2) the obligation to pay Death Benefits that exceed the Contract Value; 3) the obligation to pay Annuity Payouts that exceed the Contract Value; and 4) guarantees of principal and interest under the fixed account (if available). Payment of these benefits and obligations is subject to our claims-paying ability
and financial strength. We are also responsible for providing for all of the administrative services necessary in
connection with the contracts (and bearing all of the associated expenses).
Deductions from the VAA
A charge is applied to the average daily net asset value of the Subaccounts based
on which Death Benefit you choose. Those charges are equal to an annual rate of:
|
|
Enhanced
Guaranteed Minimum
Death Benefit (EGMDB)
|
Guarantee of
Principal Death
Benefit (GOP)
|
Account Value
Death Benefit
|
|
Mortality and expense risk charge
|
1.70
%
|
1.45
%
|
1.40
%
|
|
Administrative charge
|
0.10
%
|
0.10
%
|
0.10
%
|
|
Total base contract expense*
|
1.80
%
|
1.55
%
|
1.50
%
|
* For contracts purchased before July 22, 2005 the total base contract expenses are
as follows: EGMDB 1.60%; Guarantee of Principal 1.50%; Account Value N/A.
Surrender Charge
A surrender charge applies (except as described below) to surrenders and withdrawals
of Purchase Payments that have been invested for the period below. The surrender charge is calculated separately for each Purchase
Payment. The contract anniversary is the annually occurring date beginning with the effective date of the Contract. For example, if
the effective date of your Contract is January 2nd, your contract anniversary would be on January 2nd of each subsequent year.
|
|
Number of contract anniversaries since
Purchase Payment was invested
|
|||||||||
|
|
0
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9+
|
|
Surrender charge as a percentage of the
surrendered or withdrawn Purchase
Payments
|
8.50
%
|
8.50
%
|
8
%
|
7
%
|
6
%
|
5
%
|
4
%
|
3
%
|
2
%
|
0
%
|
A surrender charge does not apply to:
●
A surrender or withdrawal of a Purchase Payment beyond the ninth anniversary since
the Purchase Payment was invested;
●
Withdrawals of Contract Value to the extent that the total Contract Value withdrawn
during the current Contract Year does not exceed the greater of 10% of the current Contract Value or of the total Purchase Payments
(“free amount”). This exception does not apply upon surrender of the Contract;
●
Purchase Payments that have been invested in the Contract for at least twelve months
when used in the calculation of the initial benefit payment to be made under an Annuity Payout option, other than the i4LIFE® Advantage option;
●
A surrender or withdrawal of any Purchase Payments, if such Purchase Payments were
received by us more than twelve months
18
prior to the onset of a permanent and total disability of the Contractowner as defined
in Section 22(e)(3) of the tax code, if the disability occurred after the effective date of the Contract and before the 65th birthday of the Contractowner;
●
A surviving spouse at the time he or she assumes ownership of the Contract as a result
of the death of the original Contractowner (however, the surrender charge schedule for the original Contract will continue to
apply to the spouse's Contract);
●
A surrender or withdrawal of any Purchase Payments, if such Purchase Payments were
received by us more than twelve months prior to admittance of the Contractowner into an accredited nursing home or equivalent
health care facility, where the admittance into such facility occurs after the effective date of the Contract and the Contractowner
has been confined for at least 90 consecutive days;
●
A surrender or withdrawal of any Purchase Payments, if such Purchase Payments were
received by us more than twelve months prior to the diagnosis date of a terminal illness that is after the effective date
of the Contract and results in a life expectancy of less than one year as determined by a qualified professional medical practitioner;
●
A surrender of the Contract as a result of the death of the Contractowner, joint owner
or Annuitant;
●
A surrender or annuitization of Bonus Credits and Persistency Credits;
●
Purchase Payments when used in the calculation of the initial Account Value under
the i4LIFE® Advantage option;
●
Regular Income Payments made under i4LIFE® Advantage including any payments to provide the Guaranteed Income Benefit, or periodic payments made under any Annuity Payout option made available by us;
●
Amounts up to the Maximum Annual Withdrawal amount or the Protected Annual Income
amount under applicable Living Benefit Riders, subject to certain conditions.
For purposes of calculating the surrender charge on withdrawals, we assume that:
1.
The free amount will be withdrawn from Purchase Payments on a first in-first out (“FIFO”) basis.
2.
Prior to the ninth anniversary of the Contract, any amount withdrawn above the free
amount during a Contract Year will be withdrawn in the following order:
●
from Purchase Payments (on a FIFO basis) until exhausted; then
●
from earnings until exhausted; then
●
from Bonus Credits.
3.
On or after the ninth anniversary of the Contract, any amount withdrawn above the
free amount during a Contract Year will be withdrawn in the following order:
●
from Purchase Payments (on a FIFO basis) to which a surrender charge no longer applies
until exhausted; then
●
from earnings and Persistency Credits until exhausted; then
●
from Bonus Credits attributable to Purchase Payments to which a surrender charge no
longer applies until exhausted; then
●
from Purchase Payments (on a FIFO basis) to which a surrender charge still applies
until exhausted; then
●
from Bonus Credits attributable to Purchase Payments to which a surrender charge still
applies.
We apply the surrender charge as a percentage of Purchase Payments, which means that
you would pay the same surrender charge at the time of surrender regardless of whether your Contract Value has increased or decreased.
The surrender charge is calculated separately for each Purchase Payment. The surrender charges associated with surrender or withdrawal
are paid to us to compensate us for the loss we experience on contract distribution costs when Contractowners surrender
or withdraw before distribution costs have been recovered.
There are charges associated with surrender of a Contract or withdrawal of Contract
Value. You may specify whether these charges are deducted from the amount you request to be withdrawn or from the remaining Contract
Value. If the charges are deducted from the remaining Contract Value, the amount of the total withdrawal will increase according
to the impact of the applicable surrender charge percentage; consequently, the dollar amount of the surrender charge associated
with the withdrawal will also increase. In other words, the dollar amount deducted to cover the surrender charge is also subject to
a surrender charge.
If the Contractowner is a corporation or other non-individual (non-natural person),
the Annuitant or joint Annuitant will be considered the Contractowner or joint owner for purposes of determining when a surrender charge
does not apply.
Administrative Expense (Annual Account Fee)
During the accumulation period, we will deduct an account fee of $35 ($50 for contracts
purchased between September 10, 2007 and November 15, 2010; $30 for contracts purchased prior to September 10, 2007) from the
Contract Value on each contract anniversary to compensate us for the administrative services provided to you; this account fee
will also be deducted from the Contract Value upon surrender. The account fee will be waived after the fifteenth Contract Year. The account
fee will be waived for any Contract with a Contract Value that is equal to or greater than $100,000 ($50,000 for contracts purchased
prior to November 15, 2010) on the contract anniversary (or date of surrender). Older contracts may have a lower fee. The exact
fee is listed in your Contract.
19
Transfer Fee
We reserve the right to charge a fee of up to $50 for the 13th and each additional transfer during any Contract Year, excluding automatic dollar cost averaging, portfolio rebalancing and cross-reinvestment transfers. The
transfer charge will not be imposed on the first 12 transfers during the Contract Year.
Rider Charges
A fee or expense may also be deducted in connection with any benefits added to the
Contract by rider or endorsement. The deduction of a rider charge will be noted on your quarterly statement.
i4LIFE® Advantage Charge. While this rider is in effect, there is a daily charge for i4LIFE® Advantage that is based on your Account Value. The annual i4LIFE® Advantage charge rate is 0.40% and is added to your base contract expense.
The initial Account Value is your Contract Value on the Valuation Date i4LIFE® Advantage is effective, less any applicable premium taxes. During the Access Period, your Account Value equals the total value of all
of the Contractowner's Accumulation Units plus the Contractowner's value in the fixed account, and will be reduced by Regular Income
Payments, Guaranteed Income Benefit payments, and any withdrawals.
i4LIFE® Advantage and the charge will begin on the Periodic Income Commencement Date which
is the Valuation Date on which the Regular Income Payment is determined and the beginning of the Access Period. Refer
to the i4LIFE® Advantage section for explanations of the Account Value, the Access Period, the Lifetime Income Period, and the Periodic
Income Commencement Date.
Deductions for Premium Taxes
Any premium tax or other tax levied by any governmental entity as a result of the
existence of the contracts or the VAA will be deducted from the Contract Value, unless the governmental entity dictates otherwise,
when incurred, or at another time of our choosing.
The applicable premium tax rates that states and other governmental entities impose
on the purchase of an annuity are subject to change by legislation, by administrative interpretation or by judicial action. These
premium tax rates generally depend upon the law of your state of residence. Currently, there is no premium tax levied for New York residents.
Other Charges and Deductions
Base contract expenses of 1.40% of the value in the VAA will be assessed on all variable
Annuity Payouts, including options that may be offered that do not have a life contingency and therefore no mortality risk. This
charge includes the mortality and expense risk and administrative charge. The expense risk is the risk that our costs in providing the
services will exceed our revenues from contract charges.
There are additional deductions from and expenses paid out of the assets of the underlying
funds that are more fully described in the prospectuses for the funds. Among these deductions and expenses are 12b-1 fees which
reimburse us or an affiliate for certain expenses incurred in connection with certain administrative and distribution support
services provided to the funds.
Additional Information
The charges described previously may be reduced or eliminated for any particular contract.
However, these reductions may be available only to the extent that we anticipate lower distribution and/or administrative expenses,
or that we perform fewer sales or administrative services than those originally contemplated in establishing the level of those charges,
or when required by law. Lower distribution and administrative expenses may be the result of economies associated with:
●
the use of mass enrollment procedures,
●
the performance of administrative or sales functions by the employer,
●
the use by an employer of automated techniques in submitting deposits or information
related to deposits on behalf of its employees, or
●
any other circumstances which reduce distribution or administrative expenses.
The exact amount of charges and fees applicable to a particular contract will be stated
in that contract.
20
The Contracts
Lincoln New York and the Variable Annuity Account (VAA)
Lincoln Life & Annuity Company of New York (Lincoln New York or Company) is a stock
life insurance company chartered in 1897 and now domiciled in New York. Lincoln New York is a subsidiary of The Lincoln National
Life Insurance Company (Lincoln Life). Lincoln Life is an Indiana-domiciled insurance company, engaged primarily in the direct issuance
of life insurance contracts and annuities. The address of Lincoln New York’s Home Office is 120 Madison Street, Suite 1310, Syracuse, NY 13202. Lincoln Life is wholly owned by Lincoln National Corporation (LNC), a publicly held insurance and financial
services holding company incorporated in Indiana. Lincoln New York is obligated to pay all amounts promised to Contractowners under
the contracts, subject to its financial strength and claims-paying ability.
On July 24, 1996, the VAA was established as an insurance company separate account
under New York law. It is registered with the SEC as a unit investment trust under the provisions of the Investment Company Act
of 1940 (1940 Act). The VAA is a segregated investment account. Income, gains and losses credited to, or charged against, the VAA reflect the VAA’s own investment experience and not the investment experience of Lincoln Life’s other assets. The assets of the VAA may not be used to pay any liabilities of Lincoln Life other than those arising from the contracts supported by the VAA.
Purchase of Contracts
If you wish to purchase a Contract, you must apply for it through a registered representative
authorized by us. Certain broker-dealers may not offer all of the features discussed in this prospectus. The completed application
is sent to us and we decide whether to accept or reject it. If the application is accepted, a Contract is prepared and executed
by our legally authorized officers. The Contract is then sent to you either directly or through your registered representative. See Distribution
of the Contracts. The purchase of multiple contracts with identical Contractowners, Annuitants and Beneficiaries will be allowed
only upon Servicing Office approval.
When a completed application and all other information necessary for processing a
purchase order is received in Good Order at our Servicing Office, an initial Purchase Payment and its corresponding Bonus Credit will
be priced no later than two business days after we receive the order. If you submit your application and/or initial Purchase Payment
to your registered representative, we will not begin processing your purchase order until we receive the application and initial Purchase Payment from your registered representative’s broker-dealer. While attempting to finish an incomplete application, we may hold
the initial Purchase Payment for no more than five business days unless we receive your consent to retain the payment until the
application is completed. If the incomplete application cannot be completed within those five days and we have not received your consent,
you will be informed of the reasons, and the Purchase Payment will be returned immediately. Once the application is complete, we
will allocate your initial Purchase Payment and its corresponding Bonus Credit within two business days.
We offer a variety of variable annuity contracts. The amount of the Bonus Credit may
be more than offset by higher surrender charges associated with the Bonus Credit. Similar products that do not offer Bonus Credits
and have lower fees and charges may provide large cash surrender values than this Contract, depending on the level of Bonus Credits
in this Contract and the performance of the owner's chosen Subaccounts. This Contract is designed for someone with a longer investment
time horizon. You should determine the appropriate period of time that you must own the Contract to receive the desired benefit from
any Bonus Credits and Persistency Credits. We encourage you to talk to your financial advisor and determine which annuity contract
is most appropriate for you.
Who Can Invest
To apply for a Contract, you must be of legal age in a state where the contracts may
be lawfully sold and also be eligible to participate in any of the qualified or nonqualified plans for which the contracts are designed.
At the time of issue, the Contractowner, joint owner and Annuitant must be under age 86. Certain Death Benefit options may not be available
at all ages. Federal law requires all financial institutions to obtain, verify, and record information that identifies each person
who opens an account in an effort to help the government fight the funding of terrorism and money laundering activities. When you
open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify
you. We may also ask to see your driver's license, photo i.d., or other identifying documents.
In accordance with anti-money laundering laws and federal economic sanction policy,
the Company may be required in a given instance to reject a Purchase Payment and/or freeze a Contractowner’s account. This means we could refuse to honor requests for transfers, withdrawals, surrenders or Death Benefits. Once frozen, monies would be
moved from the VAA and fixed account, if any, to an interest-bearing account maintained solely for the Contractowner, and held in that
account until instructions are received from the appropriate regulator.
Do not purchase this Contract if you plan to use it, or any of its riders, for speculation,
arbitrage, viatical arrangement, or other similar investment scheme. The Contract may not be resold, traded on any stock exchange, or
sold on any secondary market.
21
If you are purchasing the Contract through a tax-favored arrangement, including traditional
IRAs and Roth IRAs, you should consider carefully the costs and benefits of the Contract (including annuity income benefits)
before purchasing the Contract, since the tax-favored arrangement itself provides tax-deferred growth.
Replacement of Existing Insurance
Careful consideration should be given prior to surrendering or withdrawing money from
an existing insurance contract to purchase a Contract described in this prospectus. Surrender charges may be imposed on your existing
contract and/or a new surrender charge period may be imposed with the purchase of, or transfer into, this Contract. The benefits
offered under this Contract may be less favorable or more favorable than the benefits offered under your current contract.
It also may have different charges. You should also consult with your registered representative and/or your tax advisor prior to making
an exchange. Cash surrenders from an existing contract may be subject to tax and tax penalties.
Purchase Payments
You may make Purchase Payments to the Contract at any time, prior to the selection
of an Annuity Payout option, subject to certain conditions. You are not required to make any additional Purchase Payments after the
initial Purchase Payment. The minimum initial Purchase Payment is $10,000 ($25,000 for contracts purchased prior to November 15,
2010). Minimum additional Purchase Payments must be at least $100 ($25 if transmitted electronically) each, with an annual minimum amount of $300. Please check with your registered representative about making additional Purchase Payments.
You must obtain our approval for Purchase Payments totaling $5 million or more where the only optional benefits elected are the Account Value Death Benefit and/or i4LIFE® Advantage without the Guaranteed Income Benefit and $1 million or more for all other contracts. At the Company’s discretion, either amount may consider total Purchase Payments for all annuity contracts issued by the Company (or its affiliates) for the same Contractowner, joint owner, and/or Annuitant.
Additionally, if you elect a Living Benefit Rider, you may be subject to further restrictions in terms
of your ability to make additional Purchase Payments, as more fully described below. We may surrender your Contract in accordance with New York law, if your Contract Value drops below $2,000 for any reason, including if your Contract Value drops due
to the performance of the Subaccounts you selected. We will not surrender your Contract if you are receiving guaranteed payments from
us under one of the Living Benefit Riders. Purchase Payments may be made or, if stopped, resumed at any time until the
selection of an Annuity Payout option, the surrender of the Contract, or the death of the Contractowner, whichever comes first.
After the first anniversary of a Living Benefit Rider effective date, once cumulative
additional Purchase Payments exceed $100,000, additional Purchase Payments may not exceed $50,000 per Benefit Year without Servicing
Office approval. No additional Purchase Payments are allowed:
●
at any time after the Periodic Income Commencement Date if you elect any version of
i4LIFE® Advantage Guaranteed Income Benefit; or
●
at any time after the Periodic Income Commencement Date if you elect i4LIFE® Advantage without Guaranteed Income Benefit on a nonqualified contract
In addition to the specific Purchase Payment restrictions and limitations immediately
above, upon advance written notice, we reserve the right to further limit, restrict, or suspend Purchase Payments made to the Contract.
These restrictions and limitations will limit your ability to increase your Contract
Value (or Account Value under i4LIFE® Advantage with any version of Guaranteed Income Benefit) and/or increase the amount of any guaranteed
benefit under a Living Benefit Rider by making additional Purchase Payments to the Contract. You should carefully consider
these limitations and restrictions, and any other limitations and restrictions of the Contract, and how they may impact your long-term
investment plans, especially if you intend to increase Contract Value (or Account Value under any version of i4LIFE® Advantage Guaranteed Income Benefit) by making additional Purchase Payments over a long period of time. Please contact your registered representative
and refer to the Benefits Available Under the Contract section of this prospectus for additional information on any restrictions that may
apply to your Living Benefit Rider.
Bonus Credits
For each Purchase Payment made into the contract, we will credit the contract with
a Bonus Credit. The amount of the Bonus Credit will be added to the value of the contract at the same time and allocated in the same
percentage as the Purchase Payment. The amount of the Bonus Credit is calculated as a percentage of the Purchase Payment made.
The amount of any Bonus Credit applied to the contract will be noted on the confirmation sent after each Purchase Payment. The Bonus Credit percentage is based on the owner’s investment at the time each Purchase Payment is made according to the following scale:
22
|
Owner's Investment
|
Bonus Credit %
|
|
Less than $100,000
|
3.0
%
|
|
$100,000–$999,999
|
4.0
%
|
|
$1,000,000 or greater
|
5.0
%
|
On or after October 1, 2003, the owner's investment is defined as the sum of:
1.
All prior Purchase Payments made to this contract; plus
2.
The current Purchase Payment made to this contract; minus
3.
All prior withdrawals of Purchase Payments from this contract.
Prior to October 1, 2003, the owner's investment is defined as the sum of:
1.
the Account Values for any of the individual Lincoln New York nonqualified American
Legacy annuity contracts owned by an eligible owner (defined below) if Lincoln New York receives notice of an eligible owner, as
well as any other individual Lincoln New York contracts that may be available by us in the future for this purpose; plus
2.
the amount (in dollars) of an eligible owner's investment in existing nonqualified
mutual funds in the American Funds Group (The American Funds Group consists of mutual funds also managed by CRMC.); plus
3.
the amount of the current Purchase Payment you are making into the contract.
Tax qualified annuity contracts (including IRAs) and tax qualified mutual fund accounts
(including IRAs) cannot be used when determining the amount of the owner's investment. Inclusion of qualified contracts or accounts
could result in loss of the tax qualified status or tax penalties. It is your responsibility to provide us with values for only nonqualified
contracts and accounts.
Currently, direct purchases of money market funds are excluded.
An eligible owner includes you as the owner of your American Legacy III Plus contract,
and, if you provide us with sufficient identifying information (name and Social Security Number), an eligible owner will also include
your spouse, and any of your children under the age of 21. If the owner of any contract under (1) above is a non-natural owner
and if you, your spouse, or any children of yours under the age of 21 are the named Annuitant, then you may include these Account Values
in the calculation of the owner's investment for nonqualified contracts.
During the first Contract Year if you make any Purchase Payment(s) after the initial
Purchase Payment (“subsequent Purchase Payment”), we may add a Bonus Credit (“additional Bonus Credit”) to the contract that is in addition to any Bonus Credit that was previously added to the contract and the Bonus Credit that is added due to the subsequent Purchase
Payment. The additional Bonus Credit will be added to the contract if the subsequent Purchase Payment increases the owner's
investment to a dollar level that qualifies for a higher Bonus Credit percentage than the Bonus Credit percentage that any prior Purchase
Payments qualified for. The additional Bonus Credit will be added to your contract at the time the subsequent Purchase Payment
is made. The Bonus Credit percentage for the additional Bonus Credit will be the difference between the higher Bonus Credit
percentage that the subsequent Purchase Payment qualifies for and the Bonus Credit percentage that the prior Purchase Payments qualified
for. We will then multiply the sum of all prior first year Purchase Payments by this Bonus Credit percentage to determine the amount
of the additional Bonus Credit. You may receive more than one additional Bonus Credit during the first contract year as we
will add an additional Bonus Credit anytime a subsequent Purchase Payment increases the amount of the total Purchase Payments to an amount
that qualifies for a higher Bonus Credit percentage.
Persistency Credits
Contractowners will receive a Persistency Credit on a quarterly basis after the fourteenth
contract anniversary. Persistency Credits are designed to fully or partially offset additional charges associated with the Bonus
Credit. The amount of the Persistency Credit is calculated by multiplying the Contract Value, less any Purchase Payments that have not been
invested in the Contract for at least 14 years, by 0.0625% (or 0.05% on contracts issued before July 22, 2005). This Persistency Credit
will be allocated to the variable Subaccounts and the DCA fixed account, if available, in proportion to the Contract
Value in each variable Subaccount and fixed account at the time the Persistency Credit is paid into the Contract.
There is no additional charge to receive this Persistency Credit, and in no case will
the Persistency Credit be less than zero. The amount of any Persistency Credit received will be noted on your quarterly statement.
Valuation Date
Accumulation and Annuity Units will be valued once daily at the close of regular trading (normally 4:00 p.m., Eastern Time) on each day the New York Stock Exchange is open (Valuation Date). On any date other than a
Valuation Date, the Accumulation Unit value and the Annuity Unit value will not change.
23
Allocation of Purchase Payments
Purchase Payments allocated to the variable side of the contract are placed into the VAA’s Subaccounts, according to your instructions. You may also allocate Purchase Payments to the fixed account, if available. Corresponding
Bonus Credits will be allocated to the Subaccount(s) and/or the fixed side of the contract in the same proportion in which
you allocate Purchase Payments. In the absence of instructions accompanying a Purchase Payment or otherwise not being in Good Order,
we will allocate a Purchase Payment in the same manner as your last Purchase Payment or, if not possible, contact you or your
registered representative for additional information.
The minimum amount of any Purchase Payment which can be put into any one Subaccount
is $20. The minimum amount of any Purchase Payment which can be put into a fixed account is $2,000, ($300 for contracts issued
prior to October 1, 2003).
Purchase Payments received from you or your broker-dealer in Good Order at our Servicing
Office prior to the close of the New York Stock Exchange (normally 4:00 p.m., Eastern Time), will be processed using the Accumulation Unit value computed on that Valuation
Date. Purchase Payments received in Good Order after market close will be processed
using the Accumulation Unit value computed on the next Valuation Date. Purchase Payments submitted to your registered representative
will generally not be processed by us until they are received from your registered representative’s broker-dealer. If your broker-dealer submits your Purchase Payment to us through the Depository Trust and Clearing Corporation (DTCC) or, pursuant to terms
agreeable to us, uses a proprietary order placement system to submit your Purchase Payment to us, and your Purchase Payment was placed
with your broker-dealer prior to market close, then we will use the Accumulation Unit value computed on that Valuation Date
when processing your Purchase Payment. Purchase Payments placed with your broker-dealer after market close will be processed using
the Accumulation Unit value computed on the next Valuation Date. There may be circumstances under which the New York Stock
Exchange may close early (prior to 4:00 p.m., Eastern Time). In such instances, Purchase Payments received after such early market close will
be processed using the Accumulation Unit value computed on the next Valuation Date.
The number of Accumulation Units determined in this way is not impacted by any subsequent
change in the value of an Accumulation Unit. However, the dollar value of an Accumulation Unit will vary depending not only upon how well the underlying fund’s investments perform, but also upon the expenses of the VAA and the underlying funds.
If an underlying fund imposes restrictions with respect to the acceptance of Purchase
Payments, allocations or transfers, we reserve the right to reject an allocation or transfer request at any time the underlying fund
notifies us of such a restriction. We will notify you if your allocation request is or becomes subject to such restrictions.
Valuation of Accumulation Units
Purchase Payments and Bonus Credits allocated to the VAA are converted into Accumulation
Units. This is done by dividing the amount allocated by the value of an Accumulation Unit for the Valuation Period during
which the Purchase Payments and Bonus Credits are allocated to the VAA. The Accumulation Unit value for each Subaccount was or
will be established at the inception of the Subaccount. It may increase or decrease from Valuation Period to Valuation Period. Accumulation
Unit values are affected by investment performance of the funds, fund expenses, and the contract charges. The Accumulation
Unit value for a Subaccount for a later Valuation Period is determined as follows:
1.
The total value of the fund shares held in the Subaccount is calculated by multiplying
the number of fund shares owned by the Subaccount at the beginning of the Valuation Period by the net asset value per share
of the fund at the end of the Valuation Period, and adding any dividend or other distribution of the fund if an ex-dividend
date occurs during the Valuation Period; minus
2.
The liabilities of the Subaccount at the end of the Valuation Period; these liabilities
include daily charges imposed on the Subaccount, and may include a charge or credit with respect to any taxes paid or reserved for
by us that we determine result from the operations of the VAA; and
3.
The result is divided by the number of Subaccount units outstanding at the beginning
of the Valuation Period.
The daily charges imposed on a Subaccount for any Valuation Period are equal to the
daily base contract expense multiplied by the number of calendar days in the Valuation Period. Contracts with different features
have different daily charges, and therefore, will have different corresponding Accumulation Unit values on any given day. In certain circumstances
(for example, when separate account assets are less than $1,000), and when permitted by law, it may be prudent for us
to use a different standard industry method for this calculation, called the Net Investment Factor method. We will achieve substantially
the same result using either method.
Transfers On or Before the Selection of an Annuity Payout Option
A transfer among Subaccounts involves the surrender of Accumulation Units in one Subaccount
and the purchase of Accumulation Units in the other Subaccount. A transfer will be done using the respective Accumulation
Unit values determined at the end of the Valuation Date on which the transfer request is received.
Transfers (among the Subaccounts and as permitted between the variable and fixed accounts)
are limited to 12 per Contract Year unless otherwise authorized by us. We reserve the right to require a 30 day minimum
time period between each transfer. Currently
24
there is no charge for a transfer. However, we reserve the right to impose a charge
in the future of up to $50 per transfer, for transfers after the first 12 within a Contract Year. This limit does not apply to transfers
made under the automatic transfer programs of dollar cost averaging, cross-reinvestment or portfolio rebalancing. See Additional Services
and the SAI for more information on these programs. These transfer rights and restrictions also apply during the i4LIFE® Advantage Access Period (the time period during which you may make withdrawals from the i4LIFE® Advantage Account Value). See i4LIFE® Advantage.
The minimum amount which may be transferred between Subaccounts is $300 (or the entire
amount in the Subaccount, if less than $300). If the transfer from a Subaccount would leave you with less than $300 in the
Subaccount, we may transfer the total balance of the Subaccount.
A transfer request may be made to our Servicing Office in writing or by fax. A transfer
request may also be made by telephone or other electronic means, provided the appropriate authorization is on file with us.
Our address, telephone number, and Internet address are on the first page of this prospectus. Requests for transfers will be processed
on the Valuation Date that they are received when they are received in Good Order at our Servicing Office before the close of the New
York Stock Exchange (normally 4:00 p.m., Eastern Time). If we receive a transfer request in Good Order after market close, we will process
the request using the Accumulation Unit value computed on the next Valuation Date.
There may be circumstances under which the New York Stock Exchange may close early
(prior to 4:00 p.m., Eastern Time). In such instances transfers received after such early market close will be processed using
the Accumulation Unit value computed on the next Valuation Date.
We may defer or reject a transfer request that is subject to a restriction imposed
by an underlying fund.
After the first 30 days from the effective date of your Contract, if your Contract
offers a fixed account, you may also transfer all or any part of the Contract Value from the Subaccount(s) to the fixed side of the contract,
except during periods when (if permitted by your Contract) we have discontinued accepting transfers into the fixed side of the contract.
The minimum amount which can be transferred to a fixed account is $2,000 or the total amount in the Subaccount if less than $2,000.
However, if a transfer from a Subaccount would leave you with less than $300 in the Subaccount, we may transfer the total amount
to the fixed side of the contract.
You may also transfer part of the Contract Value from a fixed account to the Subaccount(s)
subject to the following restrictions:
●
total fixed account transfers are limited to 25% of the value of that fixed account
in any 12-month period; and
●
the minimum amount that can be transferred is $300 or, if less, the amount in the
fixed account.
Transfers of all or a portion of a fixed account (other than automatic transfer programs
and i4LIFE® Advantage transfers) may be subject to Interest Adjustments, if applicable. For a description of the Interest Adjustment,
see the Fixed Side of the Contract - Guaranteed Periods and Interest Adjustments.
Because of these restrictions, it may take several years to transfer all of the Contract
Value in the fixed accounts to the Subaccounts. You should carefully consider whether the fixed account meets your investment criteria.
Transfers may be delayed as permitted by the 1940 Act. See Delay of Payments.
Telephone and Electronic Transactions
A surrender, withdrawal, or transfer request may be made to our Servicing Office in
writing or by fax. These transactions may also be made by telephone or other electronic means, provided the appropriate authorization
is on file with us. In order to prevent unauthorized or fraudulent transfers, we may require certain identifying information before we
will act upon instructions. We may also assign the Contractowner a Personal Identification Number (PIN) to serve as identification.
We will not be liable for following instructions we reasonably believe are genuine. Telephone and other electronic requests will be recorded
and written confirmation of all transactions will be mailed or sent electronically to the Contractowner on the next Valuation Date.
Please note that the telephone and/or electronic devices may not always be available.
Any telephone, fax machine, or other electronic device, whether it is yours, your service provider’s, or your registered representative’s, can experience outages or slowdowns for a variety of reasons. These outages or slowdowns may delay or prevent our processing
of your request. Although we have taken precautions to limit these problems, we cannot promise complete reliability under all circumstances.
If you are experiencing problems, you should make your request by writing to our Servicing Office.
Market Timing
Frequent, large, or short-term transfers among Subaccounts and the fixed account, such as those associated with “market timing” transactions, can affect the funds and their investment returns. Such transfers may
dilute the value of the fund shares, interfere with the efficient management of the fund's portfolio, and increase brokerage and administrative
costs of the funds. As an effort to protect our Contractowners and the funds from potentially harmful trading activity, we utilize
certain market timing policies and procedures (the “Market Timing Procedures”). Our Market Timing Procedures are designed to detect and prevent such transfer activity among the Subaccounts and the fixed account that may affect other Contractowners or fund shareholders.
25
In addition, the funds may have adopted their own policies and procedures with respect
to frequent purchases and redemptions of their respective shares. The prospectuses for the funds describe any such policies
and procedures, which may be more or less restrictive than the frequent trading policies and procedures of other funds and the
Market Timing Procedures we have adopted to discourage frequent transfers among Subaccounts. While we reserve the right to enforce
these policies and procedures, Contractowners and other persons with interests under the Contract should be aware
that we may not have the contractual authority or the operational capacity to apply the frequent trading policies and procedures
of the funds. However, under SEC rules, we are required to: (1) enter into a written agreement with each fund or its principal underwriter
that obligates us to provide to the fund promptly upon request certain information about the trading activity of individual
Contractowners, and (2) execute instructions from the fund to restrict or prohibit further purchases or transfers by specific Contractowners
who violate the excessive trading policies established by the fund.
You should be aware that the purchase and redemption orders received by the funds generally are “omnibus” orders from intermediaries such as retirement plans or separate accounts funding variable insurance contracts.
Omnibus orders reflect the aggregation and netting of multiple orders from individual retirement plan participants and/or individual
owners of variable insurance contracts. The omnibus nature of these orders may limit the funds’ ability to apply their respective disruptive trading policies and procedures. We cannot guarantee that the funds (and thus our Contractowners) will not be harmed by
transfer activity relating to the retirement plans and/or other insurance companies that may invest in the funds. In addition, if a fund
believes that an omnibus order we submit may reflect one or more transfer requests from Contractowners engaged in disruptive trading
activity, the fund may reject the entire omnibus order.
Our Market Timing Procedures detect potential “market timers” by examining the number of transfers made by Contractowners within given periods of time. In addition, managers of the funds might contact us if they
believe or suspect that there is market timing. If requested by a fund company, we may vary our Market Timing Procedures from Subaccount
to Subaccount to comply with specific fund policies and procedures.
We may increase our monitoring of Contractowners who we have previously identified
as market timers. When applying the parameters used to detect market timers, we will consider multiple contracts owned by the same
Contractowner if that Contractowner has been identified as a market timer. For each Contractowner, we will investigate the
transfer patterns that meet the parameters being used to detect potential market timers. We will also investigate any patterns of trading
behavior identified by the funds that may not have been captured by our Market Timing Procedures.
Once a Contractowner has been identified as a market timer under our Market Timing
Procedures, we will notify the Contractowner in writing that future transfers (among the Subaccounts and/or the fixed account) will
be temporarily permitted to be made only by original signature sent to us by U.S. mail, first-class delivery for the remainder of the
Contract Year (or calendar year if the Contract is an individual contract that was sold in connection with an employer sponsored plan).
Overnight delivery or electronic instructions (which may include telephone, facsimile, or Internet instructions) submitted during this
period will not be accepted. If overnight delivery or electronic instructions are inadvertently accepted from a Contractowner that has been
identified as a market timer, upon discovery, we will reverse the transaction within 1 or 2 business days. We will impose this “original signature” restriction on that Contractowner even if we cannot identify, in the particular circumstances, any harmful effect from
that Contractowner's particular transfers.
Contractowners seeking to engage in frequent, large, or short-term transfer activity
may deploy a variety of strategies to avoid detection. Our ability to detect such transfer activity may be limited by operational systems
and technological limitations. The identification of Contractowners determined to be engaged in such transfer activity that may adversely
affect other Contractowners or fund shareholders involves judgments that are inherently subjective. We cannot guarantee that our Market
Timing Procedures will detect every potential market timer. If we are unable to detect market timers, you may experience
dilution in the value of your fund shares and increased brokerage and administrative costs in the funds. This may result in lower
long-term returns for your investments.
Our Market Timing Procedures are applied consistently to all Contractowners. An exception
for any Contractowner will be made only in the event we are required to do so by a court of law. In addition, certain funds
available as investment options in your Contract may also be available as investment options for owners of other, older life insurance
policies issued by us. Some of these older life insurance policies do not provide a contractual basis for us to restrict or refuse transfers
which are suspected to be market timing activity. In addition, because other insurance companies and/or retirement plans may invest
in the funds, we cannot guarantee that the funds will not suffer harm from frequent, large, or short-term transfer activity among Subaccounts
and the fixed accounts of variable contracts issued by other insurance companies or among investment options available to retirement
plan participants.
In our sole discretion, we may revise our Market Timing Procedures at any time without
prior notice as necessary to better detect and deter frequent, large, or short-term transfer activity to comply with state or federal
regulatory requirements, and/or to impose additional or alternate restrictions on market timers (such as dollar or percentage limits on
transfers). If we modify our Market Timing Procedures, they will be applied uniformly to all Contractowners or as applicable
to all Contractowners investing in underlying funds.
Some of the funds have reserved the right to temporarily or permanently refuse payments
or transfer requests from us if, in the judgment of the fund’s investment adviser, the fund would be unable to invest effectively in accordance with its investment objective or policies, or would otherwise potentially be adversely affected. To the extent permitted
by applicable law, we reserve the right to defer or reject a transfer request at any time that we are unable to purchase or redeem
shares of any of the funds available through the VAA,
26
including any refusal or restriction on purchases or redemptions of the fund shares
as a result of the funds' own policies and procedures on market timing activities. If a fund refuses to accept a transfer request we have
already processed, we will reverse the transaction within 1 or 2 business days. We will notify you in writing if we have reversed, restricted
or refused any of your transfer requests. Some funds also may impose redemption fees on short-term trading (i.e.,
redemptions of mutual fund shares within a certain number of business days after purchase). We reserve the right to administer and collect
any such redemption fees on behalf of the funds. You should read the funds’ prospectuses for more details on their redemption fees and their ability to refuse or restrict purchases or redemptions of their shares.
Transfers After the Selection of an Annuity Payout Option
You may transfer all or a portion of your investment in one Subaccount to another
Subaccount or to the fixed side of the contract, as permitted under your Contract. Those transfers will be limited to three times per
Contract Year. You may also switch from a variable Annuity Payout to a fixed Annuity Payout. You may not switch from a fixed Annuity Payout to a variable Annuity Payout. Once elected, the fixed Annuity Payout is irrevocable.
These provisions also apply during the i4LIFE® Advantage Lifetime Income Period. See i4LIFE® Advantage.
Ownership
The Contractowner on the date of issue will be the person or entity designated in
the contract specifications. The Contractowner of a nonqualified contract may name a joint owner.
As Contractowner, you have all rights under the Contract. According to New York law,
the assets of the VAA are held for the exclusive benefit of all Contractowners and their designated Beneficiaries; and the assets of
the VAA are not chargeable with liabilities arising from any other business that we may conduct. We reserve the right to approve all ownership
and Annuitant changes. Nonqualified contracts may not be sold, discounted, or pledged as collateral for a loan or for
any other purpose. Qualified contracts are not transferable unless allowed under applicable law. Assignments may have an adverse impact on any
Death Benefit or benefits offered under Living Benefit Riders in this product and may be prohibited under the terms of a particular
rider. We assume no responsibility for the validity or effect of any assignment. Consult your tax advisor about the tax consequences
of an assignment.
Joint Ownership
If a Contract has joint owners, the joint owners shall be treated as having equal
undivided interests in the Contract. Either owner, independently of the other, may exercise any ownership rights in this Contract. Not more than two
owners (an owner and joint owner) may be named and contingent owners are not permitted.
Annuitant
The following rules apply prior to the selection of an Annuity Payout option. You
may name only one Annuitant (unless you are a tax-exempt entity, then you can name two joint Annuitants). You (if the Contractowner is a natural
person) have the right to change the Annuitant at any time by notifying us in writing of the change. However, we reserve
the right to approve all Annuitant changes. This may not be allowed if certain riders are in effect. The new Annuitant must be under
age 86 as of the effective date of the change. This change may cause a reduction in the Death Benefits or benefits offered under Living
Benefit Riders. See Benefits Available Under the Contract – Death Benefit and Living Benefit Riders. A contingent Annuitant may be named or changed by notifying us in writing. Contingent Annuitants are not allowed on contracts owned by non-natural owners. On or after
the selection of an Annuity Payout option, the Annuitant or joint Annuitants may not be changed and contingent Annuitant designations
are no longer applicable.
Surrenders and Withdrawals
Before the selection of an Annuity Payout option, we will allow the surrender of the
Contract or a withdrawal of the Contract Value upon your written request on an approved Lincoln distribution request form (available
from the Servicing Office), by fax, or other electronic means. Withdrawal requests may be made by telephone or our website, subject to certain
restrictions. All surrenders and withdrawals may be made in accordance with the rules discussed below. Surrender or withdrawal
rights after the selection of an Annuity Payout option depend on the Annuity Payout option selected.
The amount available upon surrender/withdrawal is the Contract Value less any applicable
charges, fees, and taxes at the end of the Valuation Period during which the written request for surrender/withdrawal is received
in Good Order at the Servicing Office. If we receive a surrender or withdrawal request in Good Order at our Servicing Office before
the close of the NYSE (normally 4:00 p.m., Eastern Time), we will process the request using the Accumulation Unit value computed on that
Valuation Date. If we receive a surrender or withdrawal request in Good Order at our Servicing Office after market close, we
will process the request using the Accumulation Unit value computed on the next Valuation Date. There may be circumstances under
which the NYSE may close early (prior to 4:00 p.m., Eastern Time). In such instances, surrender or withdrawal requests received after such early market
close will be processed using the Accumulation Unit value computed on the next Valuation Date. The minimum
amount which can be withdrawn is $300. Unless a request for withdrawal specifies otherwise, withdrawals will be made
from all Subaccounts within the VAA and from
27
the fixed account in the same proportion that the amount of withdrawal bears to the
total Contract Value. See Fixed Side of the Contract. Unless prohibited, surrender/withdrawal payments will be mailed within seven days
after we receive a valid written request at the Servicing Office. The payment may be postponed as permitted by the 1940 Act.
There are charges associated with surrender of a Contract or withdrawal of Contract
Value. You may specify whether these charges are deducted from the amount you request to be withdrawn or from the remaining Contract
Value. If the charges are deducted from the remaining Contract Value, the amount of the total withdrawal will increase according
to the impact of the applicable surrender charge percentage; consequently, the dollar amount of the surrender charge associated
with the withdrawal will also increase. In other words, the dollar amount deducted to cover the surrender charge is also subject to
a surrender charge.
Surrenders and withdrawals may be taxable and, prior to age 59½, subject to a tax penalty. The tax consequences of a surrender/withdrawal are discussed later in this prospectus. See Federal Tax Matters – Taxation of Withdrawals and Surrenders.
If the Contract Value is greater than zero, withdrawals are taken from the Contractowner’s own money and may have a negative impact on certain optional living benefits and on certain death benefits, and the impact
could be significant. A withdrawal may reduce or even terminate certain benefits.
Asset Allocation Models
You may allocate your Purchase Payment among a group of Subaccounts within an asset
allocation model. Each model invests different percentages of the Contract Value in some or all of the Subaccounts currently available
within your annuity contract. If you select an asset allocation model, 100% of your Contract Value (and any additional Purchase
Payments you make) will be allocated among certain Subaccounts in accordance with the model’s asset allocation strategy. You may not make transfers among the Subaccounts. We will proportionately deduct any withdrawals you make from the Subaccounts in the
asset allocation model. You may only choose one asset allocation model at a time, though you may change to a different asset allocation
model at any time.
Your registered representative may discuss asset allocation models with you to assist
in deciding to allocate your Purchase Payments among the various Subaccounts and/or the fixed account, if available. You should consult
with your registered representative as to whether a model is appropriate for you.
Each of the asset allocation models seeks to meet its investment objective while avoiding
excessive risk. The models also strive to achieve diversification among asset classes in order to help provide returns commensurate
with a given level of risk over the long-term. There can be no assurance, however, that any of the asset allocation models will
achieve its investment objective. If you are seeking a more aggressive strategy, these models may not be appropriate for you.
The asset allocation models are intended to provide a diversified investment portfolio
by combining different asset classes to help it reach its stated investment goal. While diversification may help reduce overall risk,
it does not eliminate the risk of loss and it does not protect against loss in a declining market.
In order to maintain the model’s specified Subaccount allocation percentages, you agree to be automatically enrolled in the portfolio rebalancing option and you thereby authorize us to automatically rebalance your Contract
Value on a quarterly basis based upon your allocation instructions in effect at the time of the rebalancing. Confirmation of
the rebalancing will appear on your quarterly statement. We reserve the right to change the rebalancing frequency at any time, in our sole
discretion, but will not make changes more than once per calendar year. You will be notified at least 30 days prior to the date of
any change in frequency.
The models are static asset allocation models. This means that they have fixed allocations
made up of underlying funds that are offered within your Contract and the percentage allocations will not change over time.
Once you have selected an asset allocation model, we will not make any changes to the fund allocations within the model except
for the rebalancing described above. If you wish to change your fund allocations either to new funds or to a different model, you must
submit new allocation instructions to us. You may terminate a model at any time. There is no additional charge from Lincoln for
participating in a model.
The election of certain Living Benefit Riders may require that you allocate Purchase
Payments in accordance with Investment Requirements that may be satisfied by choosing an asset allocation model. Different requirements
and/or restrictions may apply under the individual rider. See Appendix B – Investment Requirements. To the extent you are using a model to satisfy your Investment Requirements, the model is intended, in part, to reduce the risk of investment loss that may require
us to use our own assets to make guaranteed payments under the Living Benefit Riders.
The models were designed and prepared by Lincoln Financial Investments Corporation
(LFIC), which is an affiliate of ours, for use by Lincoln Financial Distributors, Inc. (LFD), the principal underwriter of the contracts.
LFD provides models to broker-dealers who may offer the models to their own clients. In making these models and Subaccounts available
as investment options under your Contract, LFIC, LFD and the Company are not providing you with investment advice, nor are they
recommending to you any particular model or Subaccount. You should consult with your registered representative to determine whether
you should utilize or invest in any model or Subaccount, or whether it is suitable for you based upon your goals, risk tolerance,
and time horizon.
If a fund within a model closes to new investors, investors that have been invested
before the fund closed may remain in the model. However, the model would no longer be offered to new investors. If a fund within a
model liquidates, we may transfer assets from that
28
Subaccount to another Subaccount after providing notice to you. If this transfer occurs,
and you own a Living Benefit Rider and are subject to Investment Requirements, you may no longer comply with the Investment Requirements.
See the Investment Requirements section of this prospectus for more information. If a fund within a model merges
with another fund, we will add the surviving fund to the model.
Benefits Available Under the Contract
The following tables summarize information about the benefits available under the
Contract. A detailed description of each benefit follows the table.
|
Standard Benefits
|
|||
|
Name of Benefit
|
Purpose
|
Maximum Fee
|
Brief Description of Restrictions /
Limitations
|
|
Account Value Death
Benefit
|
Provides a Death Benefit equal to the
Contract Value.
|
●1.50%
(as a percentage of
average Contract
Value)
|
●Poor investment performance could
significantly reduce the benefit.
●Withdrawals could significantly reduce
the benefit.
|
|
Guarantee of Principal
Death Benefit
|
Provides a Death Benefit equal to the
greatest of (1) Contract Value; (2) all
Purchase Payments, adjusted for
withdrawals.
|
●1.55%
(as a percentage of
average Contract
Value)
|
●Withdrawals could significantly reduce
the benefit.
|
|
Enhanced Guaranteed
Minimum Death
Benefit (EGMDB)
|
Provides a Death Benefit equal to the
greatest of (1) Contract Value; (2) all
Purchase Payments, adjusted for
withdrawals; (3) the highest Contract Value
on any contract anniversary prior to age 81
as adjusted for withdrawals.
|
●1.80%
(as a percentage of
average Contract
Value)
|
●Not available if age 80 or older at the
time of issuance.
●Withdrawals could significantly reduce
the benefit.
●Poor investment performance could
significantly reduce and limit potential
increases to the highest Contract Value.
|
|
Dollar-Cost Averaging
(DCA)
|
Allows you to automatically transfer
amounts between certain investment
options on a monthly basis.
|
None
|
●Minimum amount to be dollar cost
averaged is $1,500 over any time period
between 3 and 60 months.
●Cannot be used simultaneously with
portfolio rebalancing or cross
reinvestment.
|
|
Portfolio Rebalancing
|
Allows you to automatically reallocate your
Contract Value among investment options
on a periodic basis based on your standing
allocation instructions.
|
None
|
●Cannot be used simultaneously with
dollar cost averaging or cross
reinvestment.
●Only available for the Subaccounts.
●Rebalancing may take place on a
monthly, quarterly, semi-annual, or
annual basis.
|
|
Cross-Reinvestment
|
When the amount invested in an investment
option exceeds a baseline amount, allows
you to automatically transfer the excess
amount to another investment option.
|
None
|
●Cannot be used simultaneously with
dollar cost averaging or portfolio
rebalancing.
|
|
Automatic Withdrawal
Service (AWS)
|
Allows you to take periodic withdrawals
from your Contract automatically.
|
None
|
●Automatically terminates once i4LIFE®
Advantage begins.
●Withdrawals are subject to applicable
surrender charges, taxes, and tax
penalties.
●May result in Excess Withdrawals under
certain optional benefits.
|
29
|
Optional Benefits – Available for Election
|
|||
|
Name of Benefit
|
Purpose
|
Maximum Fee
|
Brief Description of Restrictions /
Limitations
|
|
i4LIFE® Advantage
|
Provides:
●Variable periodic Regular Income
Payments for life.
●The ability to make additional
withdrawals and surrender the Contract
during the Access Period.
|
●0.40%
(as an annualized
percentage of
average Account
Value)
|
●Withdrawals could significantly reduce or
terminate the benefit.
●Restrictions apply to the length of the
Access Period.
●Additional Purchase Payments may be
limited.
|
|
Optional Benefits – No Longer Available for Election1
|
|||
|
Name of Benefit
|
Purpose
|
Maximum Fee
|
Brief Description of Restrictions /
Limitations
|
|
Lincoln Lifetime
IncomeSM Advantage
|
Provides:
●Guaranteed lifetime periodic withdrawals
for you and any joint life regardless of
investment performance.
●Includes step-up and enhancement
features that may result in a higher
guaranteed minimum at certain points in
time.
|
●1.50%
(as a percentage of
the Protected
Income Base)
|
●Investment Requirements apply.
●Subject to a $10 million maximum,
which includes the total guaranteed
amounts across all Living Benefit Riders.
●Must be at least age 59 (single life
option) or age 65 (joint life option) to
begin taking guaranteed withdrawals.
●Excess and early withdrawals may
significantly reduce or terminate the
benefit.
●Any withdrawal may negatively impact or
eliminate the potential for enhancements
or step-ups.
●Purchase Payments and step-ups may
increase fee rate.
●Purchase Payments subject to additional
restrictions.
|
|
Lincoln
SmartSecurity®
Advantage
|
Provides:
●A minimum guaranteed amount that you
can withdraw, in installments, from your
Contract. Lifetime periodic withdrawals
may also be available if certain
conditions are met.
|
●1.50%
(as an annualized
percentage of the
Guaranteed
Amount)
|
●Withdrawals could significantly reduce or
terminate the benefit.
●Investment Requirements apply.
●Subject to a $10 million maximum,
which includes the total guaranteed
amounts across all Living Benefit Riders.
●Additional Purchase Payments may be
limited.
●A step-up of the Guaranteed Amount
may increase the fee rate.
|
|
4LATER® Advantage
|
●Establishes a benefit base used to
calculate a guaranteed income benefit
under i4LIFE® Advantage when you are
ready to elect it.
●The benefit base has the potential for
enhancements and resets. Guaranteed
income benefit after election of i4LIFE®
Advantage has a step-up feature that
may result in a higher guaranteed
minimum at certain points in time.
|
●1.50%
(as a percentage of
the Protected
Income Base)
|
●Investment Requirements apply.
●Withdrawals may significantly reduce or
terminate the benefit.
●Any withdrawal may negatively impact or
eliminate the potential for enhancements,
resets, or step-ups.
●Resets may increase current fee rate.
●Purchase Payments subject to additional
restrictions.
|
30
|
Optional Benefits – No Longer Available for Election1
|
|||
|
Name of Benefit
|
Purpose
|
Maximum Fee
|
Brief Description of Restrictions /
Limitations
|
|
i4LIFE® Advantage
Guaranteed Income
Benefit
|
●Provides a minimum payout floor for
Regular Income Payments under i4LIFE®
Advantage.
|
●Select Guaranteed
Income Benefit:
2.25%* (single life
option); 2.45%*
(joint life option)
●Guaranteed Income
Benefit (version 4):
2.00%* (single/joint
life option)
●Guaranteed Income
Benefit (versions 1,
2 and 3): 1.50%*
(single/joint life
option)
*The Guaranteed
Income Benefit
charge is in addition
to the i4LIFE®
Advantage charge
and your base
contract expense.
|
●Withdrawals could significantly reduce or
terminate the benefit.
●Restrictions apply to the length of the
Access Period.
●Additional Purchase Payments can be
subject to restrictions.
●Investment Requirements apply.
|
1 See Appendix C – Discontinued Living Benefit Riders for a description of the discontinued Living Benefit Riders.
Death Benefits
The chart below provides a brief overview of how the Death Benefit proceeds will be
distributed if death occurs prior to i4LIFE® Advantage elections or prior to the selection of an Annuity Payout option. Refer to
your Contract for the specific provisions applicable upon death.
|
upon death of:
|
and...
|
and...
|
Death Benefit proceeds pass to:
|
|
Contractowner
|
There is a surviving joint owner
|
The Annuitant is living or deceased
|
Joint owner
|
|
Contractowner
|
There is no surviving joint owner
|
The Annuitant is living or deceased
|
Designated Beneficiary
|
|
Contractowner
|
There is no surviving joint owner
and the Beneficiary predeceases the
Contractowner
|
The Annuitant is living or deceased
|
Contractowner's estate
|
|
Annuitant
|
The Contractowner is living
|
There is no contingent Annuitant
|
The youngest Contractowner
becomes the contingent Annuitant
and the Contract continues. The
Contractowner may waive* this
continuation and receive the Death
Benefit proceeds.
|
|
Annuitant
|
The Contractowner is living
|
The contingent Annuitant is living
|
Contingent Annuitant becomes the
Annuitant and the Contract
continues
|
|
Annuitant
|
The Contractowner is a trust or
other non-natural person**
|
No contingent Annuitant allowed
with non-natural Contractowner
|
Designated Beneficiary
|
*
Notification from the Contractowner to receive the Death Benefit proceeds must be
received within 75 days of the death of the Annuitant.
**
Death of Annuitant is treated like death of the Contractowner.
A Death Benefit may be payable if the Contractowner (or a joint owner) or Annuitant
dies prior to the selection of an Annuity Payout option. You can choose the Death Benefit. Only one Death Benefit may be in effect
at any one time and this Death Benefit terminates if you elect i4LIFE® Advantage or elect any other annuitization option. Generally, the more expensive
the Death Benefit is, the greater the protection.
31
While utilizing an Automatic Withdrawal Service to satisfy the requirements of the
Annuity Commencement Date, the Death Benefit continues until otherwise terminated as noted in the discussion below.
You should consider the following provisions carefully when designating the Beneficiary,
Annuitant, any contingent Annuitant and any joint owner, as well as before changing any of these parties. The identity of these
parties under the Contract may significantly affect the amount and timing of the Death Benefit or other amount paid upon a Contractowner's
or Annuitant's death.
You may designate a Beneficiary during your lifetime and change the Beneficiary by
filing a written request with our Servicing Office. Each change of Beneficiary revokes any previous designation. We reserve the right
to request that you send us the Contract for endorsement of a change of Beneficiary.
Upon the death of the Contractowner, a Death Benefit will be paid to the Beneficiary.
Upon the death of a joint owner, the Death Benefit will be paid to the surviving joint owner. If the Contractowner is a corporation or
other non-individual (non-natural person), the death of the Annuitant will be treated as the death of the Contractowner.
If an Annuitant who is not the Contractowner or joint owner dies, then the contingent
Annuitant, if named, becomes the Annuitant and no Death Benefit is payable on the death of the Annuitant. If no contingent Annuitant
is named, the Contractowner (or younger of joint owners) becomes the Annuitant. Alternatively, a Death Benefit may be paid to the Contractowner
(and joint owner, if applicable, in equal shares). Notification of the election of this Death Benefit must be received
by us within 75 days of the death of the Annuitant. The Contract terminates when any Death Benefit is paid due to the death of the Annuitant.
If a Contractowner, joint owner, or Annuitant was added or changed subsequent to the effective date of the Contract
(unless the change occurred because of the death of a prior Contractowner, joint owner, or Annuitant), upon death, we will only pay the Contract Value as of the Valuation Date we approve the payment of the death claim.
If your Contract Value equals zero, no Death Benefit will be paid.
Account Value Death Benefit. Contractowners who purchased their contracts on or after July 22, 2005, may select
the Account Value Death Benefit. The Account Value Death Benefit provides a Death Benefit equal to the
Contract Value on the Valuation Date the Death Benefit is approved by us for payment. No additional Death Benefit is provided. Once you have selected this Death Benefit option, it cannot be changed. (Your Contract may refer to this benefit as the Contract Value
Death Benefit.) For example, assume an initial deposit into the Contract of $10,000. The Contract Value increases and equals $12,000
on the Valuation Date the death claim is approved. The amount of Death Benefit paid equals $12,000.
Guarantee of Principal Death Benefit. The Guarantee of Principal Death Benefit is the default Death Benefit under this
Contact; this means that if you do not select a Death Benefit, the Guarantee of Principal Death
Benefit will be automatically selected for you at contract issue. There is an additional charge for this Death Benefit, and it may only be elected
when the contract is issued.
The Guarantee of Principal Death Benefit provides a Death Benefit equal to the greater
of:
●
the current Contract Value as of the Valuation Date we approve the payment of the
claim; or
●
the sum of all Purchase Payments decreased by withdrawals in the same proportion that
withdrawals reduced the Contract Value. Withdrawals less than or equal to the Protected Annual Income amount under applicable
Living Benefit Riders may reduce the sum of all Purchase Payment amounts on a dollar-for-dollar basis. See Appendix C — Discontinued Living Benefit Riders – Lincoln Lifetime IncomeSM Advantage.
For example, assume an initial deposit into the Contract of $10,000, and no withdrawals
have been taken. The Contract Value decreases and equals $8,000 on the Valuation Date the death claim is approved. Since
your principal is guaranteed, the amount of Death Benefit paid equals $10,000.
In a declining market, withdrawals reduce the Death Benefit in the same proportion
the Contract Value is reduced, which has a magnified effect on the reduction of the Death Benefit payable. This is because the reduction
in the benefit may be more than the dollar amount withdrawn from the Contract Value. All references to withdrawals include deductions
for any applicable charges associated with those withdrawals (surrender charges for example) and premium taxes, if any.
For contracts issued on or after July 22, 2005, you may discontinue the Guarantee
of Principal Death Benefit by completing the Change of Death Benefit form and sending it to our Servicing Office. The benefit will
be discontinued as of the Valuation Date we receive the request and the Account Value Death Benefit will apply. We will begin
deducting the charge for the Account Value Death Benefit as of that date. See Charges, Other Deductions, and Adjustments.
Enhanced Guaranteed Minimum Death Benefit (EGMDB). The EGMDB is available for an additional charge and may only be elected when the Contract is issued.
The EGMDB provides a Death Benefit equal to the greatest of:
●
the current Contract Value as of the Valuation Date we approve the payment of the
claim; or
●
the sum of all Purchase Payments decreased by withdrawals in the same proportion that
withdrawals reduced the Contract Value. Withdrawals less than or equal to the Protected Annual Income amount under applicable
Living Benefit Riders may reduce the
32
sum of all Purchase Payment amounts on a dollar-for-dollar basis. See Appendix C — Discontinued Living Benefit Riders – Lincoln Lifetime IncomeSM Advantage; or
●
the highest Contract Value on any contract anniversary (including the inception date)
(determined before the allocation of any Purchase Payments on that contract anniversary) prior to the 81st birthday of the deceased Contractowner, joint owner (if applicable), or Annuitant and prior to the death of the Contractowner, joint owner (if applicable)
or Annuitant for whom a death claim is approved for payment. The highest Contract Value is increased by Purchase Payments
and Bonus Credits and is decreased by withdrawals subsequent to that anniversary date in the same proportion that withdrawals
reduced the Contract Value.
The following example shows how the Death Benefit amount is calculated under the EGMDB:
|
7/3/2026 Initial Deposit / Contract Value
|
$10,000
|
|
7/3/2030 Contract Value
|
$25,000
|
|
7/3/2031 Contract Value
|
$23,500
|
The EGMDB provides a Death Benefit equal to the highest Contract Value on any contract
anniversary, so the amount of Death Benefit paid equals $25,000 on the date the death claim is approved.
In a declining market, withdrawals reduce the Death Benefit in the same proportion
the Contract Value is reduced, which has a magnified effect on the reduction of the Death Benefit payable. This is because the reduction
in the benefit may be more than the dollar amount withdrawn from the Contract Value. All references to withdrawals include deductions
for any applicable charges associated with those withdrawals(surrender charges for example) and premium taxes, if any.
There is an additional charge for this Death Benefit. You may discontinue the EGMDB
at any time by completing the Change of Death Benefit form and sending it to our Servicing Office. The benefit will be discontinued
as of the Valuation Date we receive the request, and the Guarantee of Principal Death Benefit will apply, or, if your Contract was
purchased on or after July 22, 2005, you may also choose the Account Value Death Benefit. We will begin deducting the applicable charge
for the new Death Benefit as of that date. See Charges, Other Deductions, and Adjustments.
The EGMDB is only available under nonqualified, IRA or Roth IRA contracts if the Contractowner,
joint owner and Annuitant are under age 80 at the time of issuance.
General Death Benefit Information
Only one of these Death Benefit elections may be in effect at any one time. Your Death
Benefit election terminates on and after the selection of an Annuity Payout option. i4LIFE® Advantage only provides Death Benefit options during the Access Period. There are no Death Benefits during the Lifetime Income Period. Please see the i4LIFE® Advantage – i4LIFE® Advantage Death Benefits section of this prospectus for more information.
If there are joint owners, upon the death of the first Contractowner, we will pay
a Death Benefit to the surviving joint owner. The surviving joint owner will be treated as the primary, designated Beneficiary. Any other Beneficiary
designation on record at the time of death will be treated as a contingent Beneficiary. If the surviving joint owner is
the spouse of the deceased joint owner, he/she may continue the Contract as sole Contractowner. Upon the death of the spouse who continues
the Contract, we will pay a Death Benefit to the designated Beneficiary(s).
If the Beneficiary is the spouse of the Contractowner, then the spouse may elect to
continue the Contract as the new Contractowner. All Contract provisions relating to spousal continuation are available only to a person who meets the definition of “spouse” under federal law. The U.S. Supreme Court has held that same-sex marriages must be permitted under
state law and that marriages recognized under state law will be recognized for federal law purposes. Domestic partnerships
and civil unions that are not recognized as legal marriages under state law, however, will not be treated as marriages under federal
law. You are strongly encouraged to consult a tax advisor before electing spousal rights under the Contract.
Should the surviving spouse elect to continue the Contract, a portion of the Death
Benefit may be credited to the Contract. Any portion of the Death Benefit that would have been payable (if the Contract had not been continued)
that exceeds the current Contract Value on the Valuation Date we approve the claim will be added to the Contract Value. A portion
of the Death Benefit credited to the Contract will be allocated to the variable Subaccounts in proportion to the Contract Value
in each variable Subaccount. If the Contract is continued in this way the Death Benefit in effect at the time the Beneficiary elected to continue
the Contract will remain as the Death Benefit.
The value of the Death Benefit will be determined as of the Valuation Date we approve
the payment of the claim. Approval of payment will occur upon our receipt of a claim submitted in Good Order. To be in Good Order,
we require all the following:
1.
an original certified death certificate or other proof of death satisfactory to us;
and
2.
written authorization for payment; and
3.
all required claim forms, fully completed (including selection of a settlement option).
33
Notwithstanding any provision of this Contract to the contrary, the payment of Death
Benefits provided under this Contract must be made in compliance with Code Section 72(s) or 401(a)(9) as applicable, as amended
from time to time. Death Benefits may be taxable. See Federal Tax Matters.
Unless otherwise provided in the Beneficiary designation, one of the following procedures
will take place on the death of a Beneficiary:
●
if any Beneficiary dies before the Contractowner, that Beneficiary’s interest will go to any other Beneficiaries named, according to their respective interests; and/or
●
if no Beneficiary survives the Contractowner, the proceeds will be paid to the Contractowner’s estate.
If the Beneficiary is a minor, court documents appointing the guardian/custodian may
be required.
The Beneficiary may choose the method of payment of the Death Benefit unless the Contractowner
has already selected a settlement option. If the Contract is a nonqualified contract, the Death Benefit payable to the
Beneficiary or joint owner must be distributed within five years of the Contractowner’s date of death unless the Beneficiary begins receiving, within one year of the Contractowner’s death, the distribution in the form of a life annuity or an annuity for a designated period not extending beyond the Beneficiary’s life expectancy. If the Death Benefit is not distributed within five years of the Contractowner’s date of death, for any reason, including the claim was not presented in Good Order, then the Company will pay the proceeds to the Beneficiary.
If the Contract is a qualified contract or IRA, then according to the IRC, the Death
Benefit payable to the Beneficiary or joint owner must be distributed within ten years of the Contractowner’s date of death unless the Beneficiary is an “eligible designated beneficiary”. An eligible designated beneficiary may take the Death Benefit distribution in the
form of a life annuity or an annuity for a designated period not extending beyond the Beneficiary’s life expectancy, subject to certain additional exceptions. If the Contract is not distributed within the ten-year deadline, for any reason, including that the claim was not presented
in Good Order, the balance is treated as a required minimum distribution under the Internal Revenue Code and subject to a 50%
tax.
Upon the death of the Annuitant, Federal tax law requires that an annuity election
be made no later than 60 days after we have approved the death claim for payment.
The recipient of a Death Benefit may elect to receive payment either in the form of
a lump sum settlement or an Annuity Payout. If a lump sum settlement is elected, the proceeds will be mailed within seven days of approval
by us of the claim subject to the laws, regulations and tax code governing payment of Death Benefits. This payment may be
postponed as permitted by the Investment Company Act of 1940.
Abandoned Property. Every state has unclaimed property laws which generally declare annuity contracts
to be abandoned after a period of inactivity of three to five years from the date a benefit is due and payable.
For example, if the payment of a Death Benefit has been triggered, but, if after a thorough search, we are still unable to locate the
Beneficiary of the Death Benefit, or the Beneficiary does not come forward to claim the Death Benefit in a timely manner, the Death Benefit will be “escheated”. This means that the Death Benefit will be paid to the abandoned property division or unclaimed property office of the
state in which the Beneficiary or the Contractowner last resided, as shown on our books and records, or to our state of
domicile. This escheatment is revocable and the state is obligated to pay the Death Benefit (without interest) if your Beneficiary
steps forward to claim it with the proper documentation.
To prevent such escheatment, it is important that you update your Beneficiary designations,
including addresses, if and as they change. You may update your Beneficiary designations by submitting a Beneficiary change
form to our Servicing Office.
Additional Services
These additional services are available to you under your Contract: dollar-cost averaging
(DCA), automatic withdrawal service (AWS), cross-reinvestment service, and portfolio rebalancing. Currently, there is no charge
for these services. However, we reserve the right to impose one after appropriate notice to Contractowners. In order to take advantage
of one of these services, you will need to complete the appropriate election form that is available from our Servicing Office or call
1-800-942-5500. These services will stop once we become aware of a pending death claim. For further detailed information on these
services, please see Additional Services in the SAI.
Dollar-Cost Averaging. Dollar-cost averaging allows you to transfer amounts from the DCA fixed account, if
available, or certain Subaccounts into the Subaccounts on a monthly basis or in accordance with other terms
we make available.
You may elect to participate in the DCA program at the time of application or at any
time before the selection of an Annuity Payout option by completing our election form, by calling our Servicing Office, or by other
electronic means. The minimum amount to be dollar cost averaged (DCA’d) is $1,500 over any time period between three and 60 months. Once elected, the program will remain in effect until the earlier of:
●
the selection of an Annuity Payout option;
●
the value of the amount being DCA’d is depleted; or
●
you cancel the program by written request or by telephone if we have your telephone
authorization on file.
34
We reserve the right to limit certain time periods or to restrict access to this program
at any time.
A transfer made as part of this program is not considered a transfer for purposes
of limiting the number of transfers that may be made, or assessing any charges or Interest Adjustment which may apply to transfers.
Upon receipt of an additional Purchase Payment allocated to the DCA fixed account, if available, the existing program duration will be extended to reflect the end date of the new
DCA program. However, the existing interest crediting rate will not be extended. The existing
interest crediting rate will expire at its originally scheduled expiration date and the value remaining in the DCA account from the original
amount as well as any additional Purchase Payments will be credited with interest at the standard DCA rate at the time. If
you cancel the DCA program, your remaining Contract Value in the DCA program will be allocated to the Subaccounts according to
your allocation instructions. We reserve the right to discontinue or modify this program at any time. If you have chosen DCA from one
of the Subaccounts, only the amount allocated to that DCA program will be transferred. Investment gain, if any, will remain in that Subaccount unless you reallocate it to one of the other Subaccounts. If you are enrolled in automatic rebalancing, this amount may be
automatically rebalanced based on your allocation instructions in effect at the time of rebalancing. DCA does not assure a profit or
protect against loss.
Automatic Withdrawal Service. The automatic withdrawal service (AWS) provides for an automatic periodic withdrawal
of your Contract Value. Withdrawals under AWS are subject to applicable surrender charges. See Charges, Other Deductions, and Adjustments — Surrender Charge. Withdrawals under AWS will be noted on your quarterly statement.
AWS is also available for amounts allocated to the fixed account, if applicable.
Cross-Reinvestment Service. The cross-reinvestment service automatically transfers the Contract Value in a designated
Subaccount that exceeds a baseline amount to another specific Subaccount at specific intervals.
You specify the applicable Subaccounts, the baseline amount and the interval period.
Portfolio Rebalancing. Portfolio rebalancing is an option that restores to a pre-determined level the percentage
of Contract Value allocated to each Subaccount. The rebalancing may take place monthly, quarterly, semi-annually
or annually. Rebalancing events will be noted on your quarterly statement. The fixed account is not available for portfolio
rebalancing.
Only one of the three additional services (DCA, cross-reinvestment and portfolio rebalancing)
may be used at one time. For example, you cannot have DCA and cross-reinvestment running simultaneously. We reserve the
right to discontinue any or all of these administrative services at any time.
Living Benefit Riders
The Living Benefit Riders described in this section provide different methods to take
income from your Contract Value or receive lifetime payments and provide certain guarantees, regardless of the investment performance
of the Contract. These guarantees are subject to certain conditions, as set forth below. There are differences between the riders
in the features provided, income rates, investment options, charge rates, and charge structure. Additionally, the age at which you may
begin receiving a benefit from your rider may vary between riders. In addition, the purchase of one rider may impact the availability
of another rider. Not all riders will be available at all times. Before you elect a rider, or terminate your existing rider to elect a new
rider, you should carefully review the terms and conditions of each rider. Riders elected at contract issue will be effective on the Contract’s effective date. Riders elected after the Contract is issued will be effective on the next Valuation Date following approval by us. You
cannot elect more than one Living Benefit Rider or payout option offered in your Contract at any one time. Your registered representative
will help you determine which Living Benefit Rider best suits your financial goals.
The benefits and features of the optional Living Benefit Riders are separate and distinct
from the downside protection strategies that may be employed by the funds offered under the Contract. The riders do not guarantee
the investment results of the funds.
There is no guarantee that any Living Benefit Rider (except i4LIFE® Advantage) will be available in the future, as we reserve the right to discontinue them at any time. In addition, we may make different versions
of a rider available to new purchasers. Certain broker-dealers may require Contractowners to make post-contract issue rider requests
through their registered representative. If your registered representative of record is affiliated with such a broker-dealer we
will not process your request until you consult with your registered representative.
Excess Withdrawals under certain Living Benefit Riders may result in a reduction or
premature termination of those benefits or of those riders. If you are not certain how an Excess Withdrawal will reduce your future
guaranteed amounts, you should contact either your registered representative or us prior to requesting a withdrawal to find out
what impact, if any, the Excess Withdrawal will have on any guarantees under the Living Benefit Rider.
If you purchase a Living Benefit Rider (except i4LIFE® Advantage without the Guaranteed Income Benefit), you will be required to adhere to Investment Requirements, which will limit your ability to invest in certain
Subaccounts offered in your Contract. In addition, the fixed account is not available except for use with dollar cost averaging. See Appendix B – Investment Requirements and Appendix C – Discontinued Living Benefit Riders for more information.
35
Rate Sheets
The Guaranteed Income Benefit percentages are declared in a Rate Sheet prospectus
supplement. The Rate Sheet indicates the current percentages and the date by which your rider election form must be signed and dated
for a rider to be issued with those percentages. The percentages may be superseded at any time, in our sole discretion, and may be
higher or lower than the percentages on the previous Rate Sheet.
The effective date of a subsequent Rate Sheet will be at least 10 days after it is
filed. In order to get the percentage indicated in a Rate Sheet, your application or rider election form must be sent to us, and must be signed
and dated on or after the effective date of the Rate Sheet. Current Rate Sheets will be provided to you when you elect a rider. You
can also obtain the most current Rate Sheet information by contracting your registered representative or online at www.lfg.com/VAprospectus.
The percentages from previous effective periods are included in Appendix D to this prospectus.
If the Guaranteed Income Benefit percentages that we are currently offering on the
day the Contract and/or rider is issued are higher than the rates we were offering on the date you signed your rider election form, you
will receive the higher set of rates. If any rates have decreased when we compare the Guaranteed Income Benefit percentages that we are
offering on the day you signed your rider election form to the set of rates that we are offering on the day your Contract and/or
rider is issued, your Contract and/or rider will be issued with the set of rates that were in effect on the day you signed your rider
election form.
i4LIFE® Advantage
i4LIFE® Advantage (the Variable Annuity Payout Option Rider in your Contract) is an optional
Annuity Payout rider you may purchase at an additional cost and is separate and distinct from other Annuity Payout options
offered under your Contract and described later in this prospectus. See Charges and Other Deductions – i4LIFE® Advantage Charge.
i4LIFE® Advantage provides variable, periodic Regular Income Payments for life subject to
certain conditions. The optional Guaranteed Income Benefit, if available, provides a minimum payout floor for those Regular Income
Payments. These payments are made during two time periods; an Access Period and a Lifetime Income Period, which are
discussed in further detail below. If your Account Value is reduced to zero (except by additional withdrawals as described below), these
payments will continue for your life (or the lives of you and your Secondary Life under the joint life option) during the Lifetime Income
Period. i4LIFE® Advantage is different from other Annuity Payout options provided by Lincoln because with i4LIFE® Advantage, you have the ability to make additional withdrawals or surrender the Contract during the Access Period. If your Account Value is reduced
to zero due to any withdrawals, i4LIFE® Advantage will end and your Contract will terminate. The Guaranteed Income Benefit
is described in further detail in Appendix C — i4LIFE® Advantage Guaranteed Income Benefit.
When you elect i4LIFE® Advantage, you must choose the Annuitant and Secondary Life (if applicable). The
Annuitant and Secondary Life may not be changed after i4LIFE® Advantage is elected. For qualified contracts, the Secondary Life must be the spouse.
See i4LIFE® Advantage Death Benefits regarding the impact of a change to the Annuitant prior
to the i4LIFE® Advantage election.
If i4LIFE® Advantage is selected, the applicable transfer provisions among Subaccounts and the
fixed account will continue to be those specified in your annuity contract for transfers on or before the selection
of an Annuity Payout option. However, once i4LIFE® Advantage begins, any automatic withdrawal service will terminate. See The Contracts – Transfers on or Before the Selection of an Annuity Payout Option.
Additional Purchase Payments may be made during the Access Period for an IRA annuity
contract, unless a Guaranteed Income Benefit has been elected. If the Guaranteed Income Benefit option has been elected on an
IRA contract, additional Purchase Payments may be made until the initial Guaranteed Income Benefit is calculated. Additional
Purchase Payments will not be accepted after the Periodic Income Commencement Date for a nonqualified annuity contract.
Availability. i4LIFE® Advantage is available for contracts with a Contract Value of at least $50,000 and
may be elected after the effective date of the Contract and before any other Annuity Payout option under this Contract
is elected by sending a completed i4LIFE® Advantage election form to our Servicing Office. Certain Living Benefit Riders allow
a transition to i4LIFE® Advantage Guaranteed Income Benefit. See Appendix C — i4LIFE® Advantage Guaranteed Income Benefit. If you intend to use the Protected Income Base
or the Guaranteed Amount from a previously elected Living Benefit Rider to establish
the Guaranteed Income Benefit, you must elect the Guaranteed Income Benefit at the time you elect i4LIFE® Advantage. All versions of i4LIFE® Advantage Guaranteed Income Benefit are currently unavailable for purchase unless you are guaranteed the right to elect a prior version under the terms of another
Living Benefit Rider.
i4LIFE® Advantage is available on nonqualified annuities, IRAs and Roth IRAs (check with the Servicing Office or your registered representative regarding availability in the SEP market). i4LIFE® Advantage for IRA contracts is only available if the Annuitant and Secondary Life, if applicable, are age 59½ or older at the time the rider is elected. i4LIFE® Advantage without the Guaranteed Income Benefit must be elected by age 90 on IRA contracts or age 99 on nonqualified contracts.
i4LIFE® Advantage is not available to beneficiaries of IRA contracts. Additional limitations on issue ages and features may be necessary
to comply with the IRC provisions for required minimum distributions.
36
Access Period. The Access Period begins on the Periodic Income Commencement Date and is a defined
period of time during which we pay variable, periodic Regular Income Payments and provide a Death Benefit. During
this period, you may surrender the Contract and make withdrawals from your Account Value (defined below). The Lifetime Income
Period begins immediately at the end of the Access Period and the remaining Account Value is used to make Regular Income Payments
for the rest of your life (or the Secondary Life if applicable). During the Lifetime Income Period, you will no longer be able
to make withdrawals or surrenders or receive a Death Benefit. If your Account Value is reduced to zero because of Regular Income Payments
or market loss, your Access Period ends.
The minimum and maximum Access Periods are established at the time you elect i4LIFE® Advantage with or without the Guaranteed Income Benefit. The current Access Period requirements are outlined in the following
chart:
|
|
Minimum Access Period
|
Maximum Access Period
|
|
i4LIFE® Advantage (without a Guaranteed Income
Benefit) for new elections on and after November 20,
2023
|
10 years
|
To age 115 for nonqualified
contracts; to age 100 for
qualified contracts
|
|
i4LIFE® Advantage (without a Guaranteed Income
Benefit) for elections prior to November 20, 2023
|
5 years
|
To age 115 for nonqualified
contracts; to age 100 for
qualified contracts
|
|
Select Guaranteed Income Benefit
|
Longer of 20 years or the difference between your age
(nearest birthday) and age 90
|
To age 115 for nonqualified
contracts; to age 100 for
qualified contracts
|
|
Guaranteed Income Benefit (version 4) elections on or
after May 21, 2012
|
Longer of 20 years or the difference between your age
(nearest birthday) and age 100
|
To age 115 for nonqualified
contracts; to age 100 for
qualified contracts
|
|
Guaranteed Income Benefit (version 4) elections prior to
May 21, 2012
|
Longer of 20 years or the difference between your age
(nearest birthday) and age 90
|
To age 115 for nonqualified
contracts; to age 100 for
qualified contracts
|
|
Guaranteed Income Benefit (version 2 and 3)
|
Longer of 15 years or the difference between your age
(nearest birthday) and age 85
|
To age 115 for nonqualified
contracts; to age 100 for
qualified contracts
|
The minimum Access Period requirements may vary if you transition to i4LIFE® Advantage Guaranteed Income Benefit from another rider.
Generally, shorter Access Periods will produce a higher initial Regular Income Payment
than longer Access Periods. At any time during the Access Period, you may extend or shorten the length of the Access Period subject
to Servicing Office approval. Additional restrictions may apply if you are under age 59½ when you request a change to the Access Period. Currently, if you extend the Access Period, it must be extended at least 5 years. If you change the Access Period, subsequent
Regular Income Payments will be adjusted accordingly, and the Account Value remaining at the end of the new Access Period will
be applied to continue Regular Income Payments for your life. For versions 1, 2, and 3 of the Guaranteed Income Benefit, an extension
of your Access Period will also reduce your i4LIFE® Advantage Guaranteed Income Benefit in proportion of the reduction in the Regular
Income Payment. This reduction of the i4LIFE® Guaranteed Income Benefit does not apply to Select Guaranteed Income Benefit, or
Guaranteed Income Benefit (version 4). If you shorten the Access Period, the i4LIFE® Advantage Guaranteed Income Benefit will terminate. Currently, changes to the Access Period can only be made on Periodic Income Commencement Date anniversaries.
Additional limitations on issue ages and features may be necessary to comply with
the IRC provisions for required minimum distributions. We may reduce or terminate the Access Period for IRA i4LIFE® Advantage contracts in order to keep the Regular Income Payments in compliance with IRC provisions for required minimum distributions. If we lower
the Access Period to comply with IRC provisions, there is no impact to the Guaranteed Income Benefit.
Account Value. The initial Account Value is the Contract Value on the Valuation Date i4LIFE® Advantage is effective, less any applicable premium taxes. During the Access Period, the Account Value on a Valuation Date will
equal the total value of all of the Contractowner's Accumulation Units plus the Contractowner's value in the fixed account,
and will be reduced by Regular Income Payments and Guaranteed Income Benefit payments made as well as any withdrawals taken. You
will have access to your Account Value during the Access Period. After the Access Period ends, the remaining Account Value
will be applied to continue Regular Income Payments for your life (and the Secondary Life under the joint life option) and the Account
Value will be reduced to zero.
Regular Income Payments during the Access Period. i4LIFE® Advantage provides for variable, periodic Regular Income Payments for as long as an Annuitant (or Secondary Life, if applicable) is living.
When you elect i4LIFE® Advantage, you will make several choices that will impact the amount of your Regular
Income Payments:
37
●
single or joint life option;
●
the date you will receive the initial Regular Income Payment;
●
the frequency of the payments (monthly, quarterly, semi-annually or annually);
●
the frequency the payment is recalculated;
●
the assumed investment return (AIR); and
●
the date the Access Period ends and the Lifetime Income Period begins.
Some of the choices will not be available if you elect the Guaranteed Income Benefit.
If you do not choose a payment frequency, the default is a monthly payment frequency.
You may not change your payment frequency during the Lifetime Income Period. You may also elect to have Regular Income Payments from nonqualified contracts recalculated
only once each year rather than recalculated at the time of each payment. This results
in level Regular Income Payments between recalculation dates. Qualified contracts are only recalculated once per year, on December
31st (if not a Valuation Date, then on the first Valuation Date of the calendar year). For nonqualified contracts, the Contractowner
must elect the levelized option for Regular Income Payments if Guaranteed Income Benefit is elected.
AIR rates of 3% or 4% may be available for Regular Income Payments under i4LIFE® Advantage. As of February 15, 2016, the 5% AIR is no longer available for i4LIFE® Advantage elections. The higher the AIR you choose, the higher your initial Regular
Income Payment will be and the higher the return must be to increase subsequent Regular Income Payments.
A 3% AIR will be used to calculate the Regular Income Payments under Select Guaranteed Income Benefit elections made prior to February 19, 2019; a 4% AIR will be used to calculate the Regular Income Payments under all other versions of Guaranteed Income
Benefit elections made on or after February 19, 2019. The AIR used to calculate the Regular Income Payments if transitioning from
a Prior Rider may be different.
Regular Income Payments must begin within one year of the date you elect i4LIFE® Advantage and will continue until the death of the Annuitant or Secondary Life, if applicable, or surrender.
Regular Income Payments are not subject to any surrender charges or applicable Interest
Adjustments. See Charges, Other Deductions, and Adjustments. For information regarding income tax consequences of Regular Income Payments, see
Federal Tax Matters.
The initial Regular Income Payment is calculated from the Account Value on a date
no more than 14 days prior to the date you select to begin receiving Regular Income Payments. This calculation date is called the Periodic
Income Commencement Date, and is the same date the Access Period begins. The amount of the initial Regular Income Payment
is determined by dividing the Contract Value, less applicable premium taxes by 1,000 and multiplying the result by an annuity factor.
The annuity factor is based upon:
●
the age of the Annuitant and Secondary Life, if applicable;
●
the length of the Access Period selected;
●
the frequency of the payments;
●
the AIR selected; and
●
the Individual Annuity Mortality table.
The annuity factor used to determine the Regular Income Payments reflects the fact
that, during the Access Period, you have the ability to withdraw the entire Account Value and that a Death Benefit will be paid to your
Beneficiary upon your death. These benefits during the Access Period result in a slightly lower Regular Income Payment, during both
the Access Period and the Lifetime Income Period, than would be payable if this access was not permitted and no lump-sum Death
Benefit was payable. (The Contractowner must elect an Access Period of no less than the minimum Access Period which is currently
set at 10 years.) The annuity factor also reflects the requirement that there be sufficient Account Value at the end of the
Access Period to continue your Regular Income Payments for the remainder of your life (and/or the Secondary Life if applicable), during
the Lifetime Income Period, with no further access or Death Benefit.
The amount of your Regular Income Payment will be impacted by the length of the Access
Period you have chosen. For example, if a 70-year old makes a $100,000 initial Purchase Payment, elects monthly payments, a
4% AIR, and a 20-year Access Period, the initial Regular Income Payment will be $502.46 per month ($6,029.60 annually). Using the same assumptions, but with a 30-year Access Period, the initial Regular Income Payment will be $447.09 per month ($5,365.10 annually).
The Account Value will vary with the actual net investment return of the Subaccounts
selected and the interest credited on the fixed account, which then determines the subsequent Regular Income Payments during the Access
Period. Each subsequent Regular Income Payment (unless the levelized option is selected) is determined by dividing
the Account Value on the applicable Valuation Date by 1,000 and multiplying this result by an annuity factor revised to reflect the declining
length of the Access Period. As a result of this calculation, the actual net returns in the Account Value are measured against the
AIR to determine subsequent Regular Income Payments. If the actual net investment return (annualized) for the Contract exceeds the AIR,
the Regular Income Payment will increase at a rate approximately equal to the amount of such excess. Conversely, if the actual
net investment return for the Contract is less than the AIR, the Regular Income Payment will decrease. For example, if net investment
return is 3% higher (annualized) than the AIR, the Regular Income Payment for the next year will increase by approximately 3%. Conversely,
if actual net investment return is 3% lower than the AIR, the Regular Income Payment will decrease by approximately 3%.
38
Withdrawals made during the Access Period will also reduce the Account Value that
is available for Regular Income Payments, and subsequent Regular Income Payments will be recalculated and could be increased or
reduced, based on the Account Value following the withdrawal.
For a joint life option, if either the Annuitant or Secondary Life dies during the
Access Period, Regular Income Payments will be recalculated using a revised annuity factor based on the single surviving life, if doing so provides
a higher Regular Income Payment. On a joint life option, the Secondary Life must be either the primary Beneficiary or joint
owner in order to receive the remaining payments after the first life’s death.
For nonqualified contracts, if the Annuitant and Secondary Life, if applicable, both
die during the Access Period, the Guaranteed Income Benefit (if any) will terminate and the annuity factor will be revised for
a non-life contingent Regular Income Payment and Regular Income Payments will continue until the Account Value is fully paid out and
the Access Period ends. For qualified contracts, if the Annuitant and Secondary Life, if applicable, both die during the Access Period,
i4LIFE® Advantage (and any Guaranteed Income Benefit) will terminate.
Regular Income Payments during the Lifetime Income Period. The Lifetime Income Period begins at the end of the Access Period if either the Annuitant or Secondary Life is living. Your earlier elections regarding
the frequency of Regular Income Payments, AIR and the frequency of the recalculation do not change. The initial Regular Income Payment
during the Lifetime Income Period is determined by dividing the Account Value on the last Valuation Date of the Access Period by 1,000
and multiplying the result by an annuity factor revised to reflect that the Access Period has ended. The annuity factor is based upon:
●
the age of the Annuitant and Secondary Life (if living);
●
the frequency of the Regular Income Payments;
●
the AIR selected; and
●
the Individual Annuity Mortality table.
The impact of the length of the Access Period and any withdrawals made during the
Access Period will continue to be reflected in the Regular Income Payments during the Lifetime Income Period. To determine subsequent
Regular Income Payments, the Contract is credited with a fixed number of Annuity Units equal to the initial Regular Income
Payment (during the Lifetime Income Period) divided by the Annuity Unit value (by Subaccount). Subsequent Regular Income Payments are
determined by multiplying the number of Annuity Units per Subaccount by the Annuity Unit value. Your Regular Income Payments
will vary based on the value of your Annuity Units. If your Regular Income Payments are adjusted on an annual basis, the total
of the annual payment is transferred to Lincoln New York's general account to be paid out based on the payment mode you selected. Your
payment(s) will not be affected by market performance during that year. Your Regular Income Payment(s) for the following year will be recalculated
at the beginning of the following year based on the current value of the Annuity Units.
Regular Income Payments will continue for as long as the Annuitant or Secondary Life,
if applicable, is living, and will continue to be adjusted for investment performance of the Subaccounts your Annuity Units are invested
in (and the fixed account if applicable). Regular Income Payments vary with investment performance.
During the Lifetime Income Period, there is no longer an Account Value; therefore,
no withdrawals are available and no Death Benefit is payable. In addition, transfers are not allowed from a fixed annuity payment to
a variable annuity payment.
i4LIFE® Advantage Credit. A quarterly i4LIFE® Advantage Credit is available if you select a minimum Access Period that is the longer
of 20 years or the difference between your age and age 85, and you maintain a minimum
threshold value. The threshold values and applicable credit percentages are outlined in the chart below. The i4LIFE® Advantage Credit is only available if you elect i4LIFE® Advantage on or after May 19, 2025, and is not applied to Contracts with the Guaranteed Income Benefit.
The first i4LIFE® Advantage Credit will apply three months from the first Regular Income Payment. Thereafter,
it will apply every three months, if all conditions are met. The i4LIFE® Advantage Credit will end at the end of the Access Period. If the Contract is terminated
for any reason, including death, no further i4LIFE® Advantage Credit will be paid. Proportionate credits will not be applied.
The amount of the i4LIFE® Advantage Credit is calculated on each quarterly Valuation Date by multiplying:
●
the variable Account Value on that date; by
●
the quarterly i4LIFE® Advantage Credit percentage (determined by the applicable tier).
|
|
Tier 1
|
Tier 2
|
|
Minimum Threshold Value
|
$500,000
|
$1,000,000
|
|
Credit Percentage (Annually)
|
0.10%
|
0.20%
|
|
Credit Percentage (Quarterly)
|
0.025%
|
0.050%
|
The initial threshold value equals the Account Value on the first Regular Income Payment
date. The threshold value will be increased by additional Purchase Payments (qualified contracts only), which may cause your Contract
to move into a Tier 1 threshold, or to move from a Tier 1 to a Tier 2 threshold and receive the applicable credit. Conversely,
additional withdrawals (exclusive of i4LIFE® Advantage payments and required minimum distributions) will reduce your threshold
value on a dollar-for-dollar basis, potentially
39
dropping a Tier 2 contract to a Tier 1 contract, or to become ineligible for the credit.
The i4LIFE® Advantage Credit will not be applied when the minimum threshold value is not met at the time of the quarterly evaluation.
If you shorten the Access Period so that it no longer meets the stated requirement,
the i4LIFE® Advantage Credit will end. However, if you subsequently extend the Access Period to meet the requirement, the i4LIFE® Advantage Credit will resume if the minimum threshold value requirement is met.
The i4LIFE® Advantage Credit will be allocated to the Subaccounts in proportion to the Contract
Value in each variable Subaccount on the quarterly Valuation Date. There is no additional charge to receive this i4LIFE® Advantage Credit, and in no case will the i4LIFE® Advantage Credit be less than zero. The amount of any i4LIFE® Advantage Credit received will be noted on your quarterly statement. Confirmation statements for each individual transaction will not be issued. i4LIFE® Advantage Credits are not considered Purchase Payments.
i4LIFE® Advantage Death Benefits
When you elect i4LIFE® Advantage, the Death Benefit option that you previously elected will become the Death
Benefit election under i4LIFE® Advantage, unless you elect a less expensive Death Benefit. Existing Contractowners with the Account Value Death Benefit, who elect i4LIFE® Advantage must choose the i4LIFE® Advantage Account Value Death Benefit. The amount paid under the new Death Benefit may be less than the amount that would have been paid under the Death Benefit
provided before i4LIFE® Advantage began (if premium taxes have been deducted from the Contract Value).
i4LIFE® Advantage Account Value Death Benefit. The i4LIFE® Advantage Account Value Death Benefit is only available during the Access Period and is equal to the Account Value as of the Valuation Date on which
we approve the payment of the death claim. You may not change this Death Benefit once it is elected.
i4LIFE® Advantage Guarantee of Principal Death Benefit. The i4LIFE® Advantage Guarantee of Principal Death Benefit is only available during the Access Period and is equal to the greater of:
●
the Account Value as of the Valuation Date we approve the payment of the claim; or
●
the sum of all Purchase Payments, less the sum of Regular Income Payments and other
withdrawals where:
●
Regular Income Payments, including withdrawals to provide the Guaranteed Income Benefit
and withdrawals under a Prior Rider that are not Excess Withdrawals, reduce the Death Benefit by the dollar amount
of the payment; and
●
all other withdrawals, if any, reduce the Death Benefit in the same proportion that
withdrawals reduce the Contract Value or Account Value.
References to Purchase Payments and withdrawals include Purchase Payments and withdrawals
made prior to the election of i4LIFE® Advantage if your Contract was in force with the Guarantee of Principal or greater
Death Benefit option prior to that election. Withdrawals that were not treated as Excess Withdrawals under a Prior Rider will reduce the Death
Benefit by the dollar amount of the withdrawal.
In a declining market, withdrawals which are deducted in the same proportion that
withdrawals reduce the Contract Value or Account Value, may have a magnified effect on the reduction of the Death Benefit payable.
This is because the reduction in the benefit may be more than the dollar amount withdrawn from the Contract Value. All
references to withdrawals include deductions for any applicable charges associated with those withdrawals (surrender charges for
example) and premium taxes, if any.
The following example demonstrates the impact of a proportionate withdrawal on your
Death Benefit:
|
i4LIFE® Advantage Guarantee of Principal Death Benefit
|
$200,000
|
|
|
Regular Income Payment
|
$25,000
|
|
|
Account Value at the time of additional withdrawal
|
$150,000
|
|
|
Additional withdrawal
|
$15,000
|
($15,000/$150,000=10% withdrawal)
|
|
|
|
|
|
Death Benefit Value after Regular Income Payment = $200,000 - $25,000 = $175,000
|
||
|
Reduction in Death Benefit value for withdrawal = $175,000 x 10% = $17,500
|
||
|
Death Benefit Value after additional withdrawal = $175,000 - $17,500 = $157,500
|
||
The Regular Income Payment reduced the Death Benefit by $25,000 and the additional
withdrawal caused a 10% reduction in the Death Benefit, the same percentage that the withdrawal reduced the Account Value.
During the Access Period, contracts with the i4LIFE® Advantage Guarantee of Principal Death Benefit may elect to change to the i4LIFE® Advantage Account Value Death Benefit by contacting us in writing at our Servicing
Office. This change will be effective on the Valuation Date we receive the request, at our Servicing Office, and we will begin
deducting the lower i4LIFE® Advantage charge at that time. Once the change is effective, you may not elect to return to the i4LIFE® Advantage Guarantee of Principal Death Benefit.
40
i4LIFE® Advantage EGMDB. The i4LIFE® Advantage EGMDB is only available during the Access Period and is the greatest of:
●
the Account Value as of the Valuation Date on which we approve the payment of the
claim; or
●
the sum of all Purchase Payments, less the sum of Regular Income Payments and other
withdrawals where:
●
Regular Income Payments, including withdrawals to provide the Guaranteed Income Benefit,
reduce the Death Benefit by the dollar amount of the payment; and
●
all other withdrawals, if any, reduce the Death Benefit in the same proportion that
withdrawals reduce the Contract Value or Account Value.
References to Purchase Payments and withdrawals include Purchase Payments and withdrawals
made prior to the election of i4LIFE® Advantage if your Contract was in force with the Guarantee of Principal or greater
Death Benefit option prior to that election; or
●
the highest Account Value or Contract Value on any contract anniversary date (including
the inception date of the Contract) after the EGMDB is effective (determined before the allocation of any Purchase Payments
on that contract anniversary) prior to the 81st birthday of the deceased and prior to the date of death. The highest Account Value
or Contract Value is increased by Purchase Payments and Bonus Credits and is decreased by Regular Income Payments,
including withdrawals to provide the Guaranteed Income Benefit and all other withdrawals subsequent to the anniversary
date on which the highest Account Value or Contract Value is obtained. Regular Income Payments, including Guaranteed
Income Benefit payments, and withdrawals are deducted in the same proportion that Regular Income Payments, Guaranteed Income
Benefit payments, and withdrawals reduce the Contract Value or Account Value.
When determining the highest anniversary value, if you elected the EGMDB in the base
contract and this Death Benefit was in effect when you purchased i4LIFE® Advantage, we will look at the Contract Value before i4LIFE® Advantage and the Account Value after the i4LIFE® Advantage election to determine the highest anniversary value. We will look at such
values on the contract annual anniversary date.
In a declining market, withdrawals which are deducted in the same proportion that
withdrawals reduce the Account Value, may have a magnified effect on the reduction of the Death Benefit payable. This is because the
reduction in the benefit may be more than the dollar amount withdrawn from the Contract Value. All references to withdrawals include deductions
for any applicable charges associated with those withdrawals (surrender charges for example) and premium taxes, if any.
Contracts with the i4LIFE® Advantage EGMDB may elect to change to the i4LIFE® Advantage Guarantee of Principal or the i4LIFE® Advantage Account Value Death Benefit by contacting us in writing at the Servicing
Office. This change will be effective on the Valuation Date we receive the request, at our Servicing Office, and we will begin deducting
the lower i4LIFE® Advantage charge at that time. Once the change is effective, you may not elect to return to the i4LIFE® Advantage EGMDB.
General Death Benefit Provisions. These Death Benefit options are only available during the Access Period and will
terminate when the Account Value equals zero, because the Access Period terminates.
If there is a change in the Contractowner, joint owner or Annuitant during the life
of the Contract, for any reason other than death, the only Death Benefit payable for the new person will be the i4LIFE® Advantage Account Value Death Benefit. On a joint life option, the Secondary Life must be either the primary Beneficiary or joint owner in
order to receive the remaining payments after the first life’s death.
For nonqualified contracts, upon the death of the Contractowner, joint owner or Annuitant,
the Contractowner (or Beneficiary) may elect to terminate the Contract and receive full payment of the Death Benefit or may
elect to continue the Contract and receive Regular Income Payments. Upon the death of the Secondary Life, who is not also an owner, only
the surrender value is paid.
If you are the owner of an IRA annuity contract, and there is no Secondary Life, and
you die during the Access Period, the i4LIFE® Advantage will terminate. A spouse Beneficiary may start a new i4LIFE® Advantage program.
If a death occurs during the Access Period, the value of the Death Benefit will be
determined as of the Valuation Date we approve the payment of the claim. Approval of payment will occur upon our receipt of all the following:
1.
an original certified death certificate or any other proof of death satisfactory to
us; and
2.
written authorization for payment; and
3.
all required claim forms, fully completed (including selection of a settlement option).
Notwithstanding any provision of this Contract to the contrary, the payment of Death
Benefits provided under this Contract must be made in compliance with Code Section 72(s) or 401(a)(9) as applicable, as amended
from time to time. Death Benefits may be taxable. See Federal Tax Matters.
Upon notification to us of the death, Regular Income Payments may be suspended until
the death claim is approved by us. Upon approval, a lump sum payment for the value of any suspended payments will be made
as of the date the death claim is approved, and Regular Income Payments will continue, if applicable. The excess, if any, of the Death
Benefit over the Account Value will be credited into the Contract at that time.
41
If a lump sum settlement is elected, the proceeds will be mailed within seven days
of approval by us of the claim subject to the laws, regulations and tax code governing payment of Death Benefits. This payment may be
postponed as permitted by the Investment Company Act of 1940.
i4LIFE® Advantage General Provisions
Withdrawals. You may request a withdrawal at any time during the Access Period. We reduce the
Account Value by the amount of the withdrawal, and all subsequent Regular Income Payments and Guaranteed Income Benefit
payments, if applicable, will be recalculated. The Guaranteed Income Benefit is reduced proportionately. Withdrawals may have tax
consequences. See Federal Tax Matters. Withdrawals are subject to any applicable surrender charges except when amounts may
be withdrawn free of surrender charges. See Charges, Other Deductions, and Adjustments. The Interest Adjustment may apply.
The following example demonstrates the impact of a withdrawal on the Guaranteed Income
Benefit payments:
|
i4LIFE® Regular Income Payment before additional withdrawal
|
$1,200
|
|
|
Guaranteed Income Benefit before additional withdrawal
|
$900
|
|
|
Account Value at time of additional withdrawal
|
$150,000
|
|
|
Additional withdrawal
|
$15,000
|
(a 10% withdrawal)
|
|
|
|
|
|
Reduction in Guaranteed Income Benefit for additional withdrawal = $900 x 10% = $90
|
||
|
Guaranteed Income Benefit after additional withdrawal = $900 - $90 = $810
|
||
Surrender. At any time during the Access Period, you may surrender the Contract by withdrawing
the surrender value. If the Contract is surrendered, the Contract terminates and no further Regular Income Payments will
be made. Withdrawals are subject to any applicable surrender charges except when amounts may be withdrawn free of surrender charges.
See Charges, Other Deductions, and Adjustments. The Interest Adjustment may apply.
Termination. You may terminate i4LIFE® Advantage prior to the end of the Access Period by notifying us in writing. The termination
will be effective on the next Valuation Date after we receive the notice.
For IRA annuity contracts, upon termination, the i4LIFE® Advantage charge will end and your base contract expense will resume. Your Contract Value upon termination will be equal to the Account Value on the Valuation
Date we terminate i4LIFE® Advantage.
For nonqualified contracts, your i4LIFE® Advantage Death Benefit will terminate, and the Account Value Death Benefit will
be in effect. The i4LIFE® Advantage charge will end, and the charge for the Account Value Death Benefit will
begin. All earnings in the Contract will be subject to income taxation in the year of the termination. A termination will be
treated as a surrender for income tax purposes. If you choose to keep your underlying contract in force, this transaction will be treated
as a repurchase for purposes of calculating future income taxes. Your Contract Value upon termination will be equal to the Account
Value on the Valuation Date we terminate i4LIFE® Advantage.
i4LIFE® Advantage will terminate due to any of the following events:
●
the death of the Annuitant (or the later of the death of the Annuitant or Secondary
Life if a joint payout was elected); or
●
a Contractowner requested a decrease in the Access Period or a change to the Regular
Income Payment frequency; or
●
upon written notice from the Contractowner to us; or
●
assignment of the Contract; or
●
failure to comply with Investment Requirements.
A termination of i4LIFE® Advantage Guaranteed Income Benefit due to a decrease in the Access Period, a change
in the Regular Income Payment frequency, or upon written notice from the Contractowner will be effective
as of the Valuation Date on the next Periodic Income Commencement Date anniversary. Termination will be only for the i4LIFE® Advantage Guaranteed Income Benefit and not the i4LIFE® Advantage election, unless otherwise specified. However, if you used the greater
of the Account Value, Protected Income Base, or Guaranteed Amount under a previously held Living Benefit Rider to establish
the Guaranteed Income Benefit, any termination of the Guaranteed Income Benefit will also result in a termination of the i4LIFE® Advantage election. If you terminate the i4LIFE® Advantage Guaranteed Income Benefit you may be able to re-elect it, if available,
after one year. The election will be treated as a new purchase, subject to the terms and charges in effect at the time of election and the
i4LIFE® Advantage Regular Income Payment will be recalculated. The i4LIFE® Advantage Guaranteed Income Benefit will be based on the Account Value at the time
of the election.
Annuity Payouts
When you apply for a Contract, you may select any Annuity Commencement Date permitted
by law, which is usually on or before the Annuitant's 99th birthday. This requires Contractowners to choose an Annuity Payout option or take
irrevocable withdrawals through
42
an Automatic Withdrawal Service, if not being taken already. This is not required
for Contractowners who have elected i4LIFE® Advantage or any version of i4LIFE® Advantage Guaranteed Income Benefit, the Maximum Annual Withdrawal Amount Annuity
Payout Option or the Protected Annual Income Payout Option. Your broker-dealer may recommend
that you choose this at an earlier age.
The Contract provides optional forms of payouts of annuities (annuity options), each
of which is payable on a variable basis, a fixed basis or a combination of both as you specify. The Contract provides that all or part
of the Contract Value may be used to purchase an Annuity Payout option. The minimum rates used to purchase any of the annuity options
discussed below are shown in the Contract.
You may elect Annuity Payouts in monthly, quarterly, semiannual or annual installments.
If the payouts from any Subaccount would be or become less than $50, we have the right to reduce their frequency until the
payouts are at least $50 each. Following are explanations of the annuity options available.
Annuity Options
The annuity options outlined below do not apply to Contractowners who have elected
i4LIFE® Advantage, the Maximum Annual Withdrawal Amount Annuity Payout Option or the Guaranteed Amount Annuity Payment Option.
Life Annuity. This option offers a periodic payout during the lifetime of the Annuitant and ends
with the last payout before the death of the Annuitant. This option offers the highest periodic payout since there is no guarantee
of a minimum number of payouts or provision for a Death Benefit for Beneficiaries. However, there is the risk under this option that the recipient would receive no payouts
if the Annuitant dies before the date set for the first payout; only one payout if death
occurs before the second scheduled payout, and so on. The Annuitant must be under age 81 to elect this option.
Life Annuity with Payouts Guaranteed for Designated Period. This option guarantees periodic payouts during a designated period, usually 10 or 20 years, and then continues throughout the lifetime of the Annuitant.
The designated period is selected by the Contractowner.
Joint Life Annuity. This option offers a periodic payout during the joint lifetime of the Annuitant and
a designated joint Annuitant. The payouts continue during the lifetime of the survivor. However, under a joint life annuity, if both Annuitants die before the date set for the first payout, no payouts will be made. Only one payment would be made if both
deaths occur before the second scheduled payout, and so on.
Joint Life Annuity with Guaranteed Period. This option guarantees periodic payouts during a designated period, usually 10 or
20 years, and continues during the joint lifetime of the Annuitant and a designated joint
Annuitant. The payouts continue during the lifetime of the survivor. The designated period is selected by the Contractowner.
Joint Life and Two Thirds to Survivor Annuity. This option provides a periodic payout during the joint lifetime of the Annuitant
and a designated joint Annuitant. When one of the joint Annuitants dies, the survivor receives
two thirds of the periodic payout made when both were alive.
Joint Life and Two-Thirds Survivor Annuity with Guaranteed Period. This option provides a periodic payout during the joint lifetime of the Annuitant and a joint Annuitant. When one of the joint Annuitants dies, the
survivor receives two-thirds of the periodic payout made when both were alive. This option further provides that should one or both of
the Annuitants die during the elected guaranteed period, usually 10 or 20 years, full benefit payment will continue for the rest of
the guaranteed period.
Life Annuity with Unit Refund. This option offers a periodic payout during the lifetime of the Annuitant with the
guarantee that upon death a payout will be made of the value of the number of Annuity Units (see Variable
Annuity Payouts) equal to the excess, if any, of:
●
the total amount applied under this option divided by the Annuity Unit value for the
date payouts begin, minus
●
the Annuity Units represented by each payout to the Annuitant multiplied by the number
of payouts paid before death.
The value of the number of Annuity Units is computed on the date the death claim is
approved for payment by the Servicing Office.
Life Annuity with Cash Refund. Fixed annuity benefit payments that will be made for the lifetime of the Annuitant
with the guarantee that upon death, should (a) the total dollar amount applied to purchase this option
be greater than (b) the fixed annuity benefit payment multiplied by the number of annuity benefit payments paid prior to death, then a
refund payment equal to the dollar amount of (a) minus (b) will be made.
Under the annuity options listed above, you may not make withdrawals. Other options,
with or without withdrawal features, may be made available by us. You may pre-select an Annuity Payout option as a method of paying
the Death Benefit to a Beneficiary. If you do, the Beneficiary cannot change this payout option. You may change or revoke in
writing to our Servicing Office, any such selection, unless such selection was made irrevocable. If you have not already chosen an Annuity
Payout option, the Beneficiary may choose any Annuity Payout option. At death, options are only available to the extent they
are consistent with the requirements of the Contract as well as Sections 72(s) and 401(a)(9) of the tax code, if applicable.
43
General Information
Any previously selected Death Benefit in effect before the selection of an Annuity
Payout option will no longer be available on and after the selection of an Annuity Payout option. You may change the Annuity Commencement Date, change the annuity option or change the allocation of the investment among Subaccounts up to 30 days before
the scheduled Annuity Commencement Date, upon written notice to the Servicing Office. You must give us at least 30 days’ notice before the date on which you want payouts to begin. Annuity Payouts may not commence within twelve months after the effective date
of the Contract. We may require proof of age, sex, or survival of any payee upon whose age, sex, or survival payments depend.
Unless you select another option, the Contract automatically provides for a life annuity
with Annuity Payouts guaranteed for 10 years (on a fixed, variable or combination fixed and variable basis, in proportion to the
account allocations at the time of annuitization) except when a joint life payout is required by law. Under any option providing for
guaranteed period payouts, the number of payouts which remain unpaid at the date of the Annuitant’s death (or surviving Annuitant’s death in case of joint life Annuity) will be paid to you or your Beneficiary as payouts become due after we are in receipt of:
●
An original certified death certificate or other proof of death satisfactory to us;
●
written authorization for payment; and
●
all claim forms, fully completed.
Variable Annuity Payouts
Variable Annuity Payouts will be determined using:
●
the Contract Value on the selection of an Annuity Payout option, less applicable premium
taxes;
●
the annuity tables contained in the Contract;
●
the annuity option selected; and
●
the investment performance of the fund(s) selected.
To determine the amount of payouts, we make this calculation:
1.
Determine the dollar amount of the first periodic payout; then
2.
Credit the Contract with a fixed number of Annuity Units equal to the first periodic
payout divided by the Annuity Unit value; and
3.
Calculate the value of the Annuity Units each period thereafter.
Annuity Payouts assume an investment return of 3%, 4% or 5% per year, as applied to
the applicable mortality table. The AIR of 5% is no longer available for new elections of i4LIFE® Advantage. You may choose your assumed interest rate at the time you elect a variable Annuity Payout on the administrative form provided by us. The higher the assumed
interest rate you choose, the higher your initial annuity payment will be. The amount of each payout after the initial payout will
depend upon how the underlying fund(s) perform, relative to the assumed rate. If the actual net investment rate (annualized) exceeds
the assumed rate, the payment will increase at a rate proportional to the amount of such excess. Conversely, if the actual net investment
rate is less than the assumed rate, annuity payments will decrease. The higher the assumed interest rate, the less likely future
annuity payments are to increase, or the payments will increase more slowly than if a lower assumed rate was used. There is a more complete
explanation of this calculation in the SAI.
Fixed Side of the Contract
Information regarding the features of the fixed account, if available, including (i)
its name and (ii) its minimum guaranteed interest rate, is available in Appendix A – Investment Options Available Under the Contract.
Purchase Payments and Contract Value and Contract Value allocated to the fixed side
of the contract become part of our general account, and do not participate in the investment experience of the VAA. The general account is subject
to regulation and supervision by the New York Insurance Department as well as the insurance laws and regulations
of the jurisdictions in which the contracts are distributed.
In reliance on certain exemptions, exclusions and rules, we have not registered interests
in the general account as a security under the Securities Act of 1933 and have not registered the general account as an investment
company under the 1940 Act. Accordingly, neither the general account nor any interests in it are regulated under the 1933 Act or the
1940 Act. Disclosures in this prospectus about the general account, however, are subject to certain provisions of the federal securities laws relating to the accuracy
and completeness of statements made in prospectuses.
We guarantee an annual effective interest rate of not less than 3.00% per year on amounts held in a fixed account. Contracts may guarantee a different minimum rate of interest based on how long you have owned the
contract and the date the contract was issued. Refer to your Contract for the specific guaranteed minimum interest rate applicable
to your Contract. Your Contract may not offer a fixed account or if permitted by your Contract, we may discontinue accepting Purchase
Payments or transfers into the fixed side of the contract at any time.
44
ANY INTEREST IN EXCESS OF 3.00% (OR THE GUARANTEED MINIMUM INTEREST RATE STATED IN YOUR CONTRACT) WILL BE DECLARED IN ADVANCE AT OUR SOLE DISCRETION. CONTRACTOWNERS BEAR THE RISK THAT NO INTEREST
IN EXCESS OF THE MINIMUM INTEREST RATE WILL BE DECLARED.
Guaranteed Periods
The fixed account is divided into separate Guaranteed Periods, which credit guaranteed
interest.
You may allocate Purchase Payments to one or more Guaranteed Periods of 1 to 10 years.
We may add Guaranteed Periods or discontinue accepting Purchase Payments into one or more Guaranteed Periods at any time. The
minimum amount of any Purchase Payment that can be allocated to a Guaranteed Period is $2,000. Each Purchase Payment and
its corresponding Bonus Credit allocated to the fixed account will start its own Guaranteed Period and will earn a guaranteed
interest rate. The duration of the Guaranteed Period affects the guaranteed interest rate of the fixed account. A Guaranteed Period ends
on the date after the number of calendar years in the Guaranteed Period. Interest will be credited daily at a guaranteed rate that is
equal to the effective annual rate determined on the first day of the Guaranteed Period. Amounts surrendered, transferred or withdrawn
prior to the end of the Guaranteed Period will be subject to the Interest Adjustment. Each Guaranteed Period Purchase Payment and its
corresponding Bonus Credit will be treated separately for purposes of determining any applicable Interest Adjustment. Any amount
withdrawn from a Guaranteed Period may be subject to any applicable surrender charges, account fees and premium taxes.
You may transfer amounts from the fixed account to the variable Subaccount(s) subject
to the following restrictions:
●
fixed account transfers are limited to 25% of the value of that fixed account in any
12-month period; and
●
the minimum amount that can be transferred is $300 or, if less, the amount in the
fixed account.
Because of these restrictions, it may take several years to transfer amounts from
the fixed account to the variable Subaccounts. You should carefully consider whether the fixed account meets your investment criteria.
Any amount withdrawn from the fixed account may be subject to any applicable surrender charges, account fees and premium taxes.
We will notify the Contractowner in writing at least 30 but not more than 75 days
prior to the expiration date for any Guaranteed Period amount. At the end of the Guaranteed Period, this fund will renew either: (1) automatically into the current duration, or (2) into a 1-year Guaranteed Period. If the current duration is unavailable at the time of renewal, you will renew into the shortest duration available at that time unless we receive, prior to the end of a Guaranteed Period, a written election by
the Contractowner. The written election may request the transfer of the Guaranteed Period amount to a different Guaranteed Period or to a variable Subaccount from among those being offered by us. Transfers of any Guaranteed Period amount which become
effective upon the date of expiration of the applicable Guaranteed Period are not subject to the limitation of twelve transfers
per Contract Year or the additional fixed account transfer restrictions.
Small Contract Surrenders
We may surrender your Contract, in accordance with New York law if:
●
your Contract Value drops below certain state specified minimum amounts ($2,000 or
less) for any reason, including if your Contract Value decreases due to the performance of the Subaccounts you selected;
●
no Purchase Payments have been received for three (3) full, consecutive Contract Years;
and
●
the annuity benefit at the selection of an Annuity Payout option would be less than
$20.00 per month.
At least 60 days before we surrender your Contract, we will send you a letter at your
last address we have on file, to inform you that your Contract will be surrendered. You will have the opportunity to make additional
Purchase Payments to bring your Contract Value above the minimum level to avoid surrender. If we surrender your Contract, we will
not assess any surrender charge. We will not surrender your Contract if you are receiving guaranteed payments from us under one of the Living
Benefit Riders.
Delay of Payments
Contract proceeds from the VAA will be paid within seven days, except:
●
when the NYSE is closed (other than weekends and holidays);
●
times when market trading is restricted or the SEC declares an emergency, and we cannot
value units or the funds cannot redeem shares; or
●
when the SEC so orders to protect Contractowners.
Due to federal laws designed to counter terrorism and prevent money laundering by
criminals, we may be required to reject a Purchase Payment and/or deny payment of a request for transfers, withdrawals, surrenders,
or Death Benefits, until instructions are received from the appropriate regulator. We also may be required to provide additional
information about a Contractowner's account to government regulators.
45
Reinvestment Privilege
You may elect to make a reinvestment purchase with any part of the proceeds of a surrender/withdrawal,
(including previously credited Bonus Credits), and we will recredit that portion of the surrender/withdrawal charges
attributable to the amount returned.
This election must be made by your written authorization to us on an approved Lincoln
reinvestment form and received in our Servicing Office within 30 days of the date of the surrender/withdrawal, and the repurchase
must be of a Contract covered by this prospectus. Lincoln reserves the right to not reinstate certain riders that were in effect prior to the surrender/withdrawal. In
the case of a qualified retirement plan, a representation must be made that the proceeds being used
to make the purchase have retained their tax-favored status under an arrangement for which the contracts offered by this prospectus are
designed. The number of Accumulation Units which will be credited when the proceeds are reinvested will be based on the
value of the Accumulation Unit(s) on the next Valuation Date. This computation will occur following receipt of the proceeds and request for
reinvestment at the Servicing Office. You may utilize the reinvestment privilege only once. No Bonus Credits will apply when
a reinvestment purchase occurs. For tax reporting purposes, we will treat a surrender/withdrawal and a subsequent reinvestment purchase
as separate transactions (and a Form 1099 may be issued, if applicable). Any taxable distribution that is reinvested may still
be reported as taxable. You should consult a tax advisor before you request a surrender/withdrawal or subsequent reinvestment purchase.
We may not accept reinvestment into the fixed side of the contract.
Amendment of Contract
We reserve the right to amend the Contract to meet the requirements of the 1940 Act
or other applicable federal or state laws or regulations. You will be notified in writing of any changes, modifications or waivers. Any changes
are subject to prior approval of your state’s insurance department (if required).
Distribution of the Contracts
Lincoln Financial Distributors, Inc. (“LFD”) serves as Principal Underwriter of this Contract. LFD is affiliated with Lincoln New York and is registered as a broker-dealer with the SEC under the Securities Exchange Act
of 1934 and is a member of FINRA (Financial Industry Regulatory Authority). The Principal Underwriter has entered into selling
agreements with broker-dealers that are unaffiliated with us (“Selling Firms”). While the Principal Underwriter has the legal authority to make payments to broker-dealers which have entered into selling agreements, we will make such payments on behalf of the Principal
Underwriter in compliance with appropriate regulations. We also pay on behalf of LFD certain of its operating expenses related
to the distribution of this and other of our contracts. The Principal Underwriter may also offer “non-cash compensation”, as defined under FINRA’s rules, which includes among other things, merchandise, gifts, marketing support, sponsorships, seminars, entertainment
and travel expenses. You should ask your registered representative how the broker-dealer will be compensated for the sale of
the Contract to you, or for any alternative proposal that may have been presented to you. You should take such compensation into account
when considering and evaluating any recommendation made to you in connection with the purchase of a Contract. The following paragraphs
describe how payments are made by us and the Principal Underwriter to various parties.
Compensation Paid to Selling Firms. The Principal Underwriter pays commissions to all Selling Firms. The maximum commission
the Principal Underwriter pays to Selling Firms is 7.00% of Purchase Payments. Some
Selling Firms may elect to receive a lower commission when a Purchase Payment is made along with an earlier quarterly payment based on Contract Value for so long as the Contract’s Selling Firm remains in effect. Upon annuitization, the maximum commission the Principal
Underwriter pays to Selling Firms is 7.00% of annuitized value and/or ongoing annual compensation of up to 1.15% of annuity
value or statutory reserves. LFD also acts as wholesaler of the contracts and performs certain marketing and other functions
in support of the distribution and servicing of the contracts.
LFD may pay certain Selling Firms or their affiliates additional amounts for, among other things: (1) “preferred product” treatment of the contracts in their marketing programs, which may include marketing services and
increased access to registered representatives; (2) sales incentives relating to the contracts; (3) costs associated with sales conferences
and educational seminars for their registered representatives; (4) other sales expenses incurred by them; and (5) inclusion in the
financial products the Selling Firm offers.
Lincoln New York may provide loans to broker-dealers or their affiliates to help finance
marketing and distribution of the contracts, and those loans may be forgiven if aggregate sales goals are met. In addition, we
may provide staffing or other administrative support and services to broker-dealers who distribute the contracts. LFD, as wholesaler, may
make bonus payments to certain Selling Firms based on aggregate sales of our variable insurance contracts (including the contracts)
or persistency standards.
These additional types of compensation are not offered to all Selling Firms. The terms
of any particular agreement governing compensation may vary among Selling Firms and the amounts may be significant. The prospect of
receiving, or the receipt of, additional compensation may provide Selling Firms and/or their registered representatives with an incentive
to favor sales of the contracts over other
46
variable annuity contracts (or other investments) with respect to which a Selling
Firm receives lower levels of or no additional compensation. You may wish to take such payment arrangements into account when considering and
evaluating any recommendation relating to the contracts. Additional information relating to compensation paid in
2025 is contained in the SAI.
Compensation Paid to Other Parties. Depending on the particular selling arrangements, there may be others whom LFD compensates for the distribution activities. For example, LFD may compensate certain “wholesalers”, who control access to certain selling offices, for access to those offices or for referrals, and that compensation may be
separate from the compensation paid for sales of the contracts. LFD may compensate marketing organizations, associations, brokers or
consultants which provide marketing assistance and other services to broker-dealers who distribute the contracts, and which may
be affiliated with those broker-dealers. Commissions and other incentives or payments described above are not charged directly to Contractowners
or the VAA. All compensation is paid from our resources, which include fees and charges imposed on your Contract.
Contractowner Questions
The obligations to purchasers under the contracts are those of Lincoln New York. This
prospectus provides a general description of the material features of the Contract. Questions about your Contract should be directed
to us at 1-800-942-5500.
Federal Tax Matters
Introduction
The Federal income tax treatment of the Contract is complex and sometimes uncertain.
The Federal income tax rules may vary with your particular circumstances. This discussion does not include all the Federal income
tax rules that may affect you and your Contract. This discussion also does not address other Federal tax consequences (including consequences
of sales to foreign individuals or entities), or state or local tax consequences, associated with the Contract. As
a result, you should always consult a tax advisor about the application of tax rules found in the Internal Revenue Code (“Code”), Treasury Regulations and applicable IRS guidance to your individual situation.
Nonqualified Annuities
This part of the discussion describes some of the Federal income tax rules applicable
to nonqualified annuities. A nonqualified annuity is a contract not issued in connection with a qualified retirement plan, such as an
IRA or a section 403(b) plan, receiving special tax treatment under the Code. We may not offer nonqualified annuities for all of our annuity
products.
Tax Deferral On Earnings
Under the Code, you are generally not subject to tax on any increase in your Contract
Value until you receive a Contract distribution. However, for this general rule to apply, certain requirements must be satisfied:
●
An individual must own the Contract (or the Code must treat the Contract as owned
by an individual).
●
The investments of the VAA must be “adequately diversified” in accordance with Treasury regulations.
●
Your right to choose particular investments for a Contract must be limited.
●
The Annuity Commencement Date must not occur near the end of the Annuitant’s life expectancy.
Contracts Not Owned By An Individual
If a Contract is owned by an entity (rather than an individual) the Code generally
does not treat it as an annuity contract for Federal income tax purposes. This means that the entity owning the Contract pays tax currently
on the excess of the Contract Value over the investment in the Contract. Examples of contracts where the owner pays current tax on the Contract’s earnings, Bonus Credits and Persistency Credits, if applicable, are contracts issued to a corporation or a trust.
Some exceptions to the rule are:
●
Contracts in which the named owner is a trust or other entity that holds the Contract
as an agent for an individual; however, this exception does not apply in the case of any employer that owns a contract to provide
deferred compensation for its employees;
●
Immediate annuity contracts, purchased with a single premium, when the annuity starting
date is no later than a year from purchase and substantially equal periodic payments are made, not less frequently than annually,
during the Annuity Payout period;
●
Contracts acquired by an estate of a decedent;
●
Certain qualified contracts;
●
Contracts purchased by employers upon the termination of certain qualified plans;
and
●
Certain contracts used in connection with structured settlement agreements.
Investments In The VAA Must Be Diversified
For a Contract to be treated as an annuity for Federal income tax purposes, the investments of the VAA must be “adequately diversified.” Treasury regulations define standards for determining whether the investments of
the VAA are adequately diversified. If the VAA
47
fails to comply with these diversification standards, you could be required to pay
tax currently on the excess of the Contract Value over the investment in the Contract. Although we do not control the investments of
the underlying investment options, we expect that the underlying investment options will comply with the Treasury regulations so that the VAA will be considered “adequately diversified.”
Restrictions
The Code limits your right to choose particular investments for the Contract. Because
the IRS has issued little guidance specifying those limits, the limits are uncertain and your right to allocate Contract Values
among the Subaccounts may exceed those limits. If so, you would be treated as the owner of the assets of the VAA and thus subject to current
taxation on the income, Bonus Credits, Persistency Credits, and gains, if applicable, from those assets. We do not know what limits
may be set by the IRS in any guidance that it may issue and whether any such limits will apply to existing contracts. We reserve
the right to modify the Contract without your consent in an attempt to prevent you from being considered as the owner of the assets of
the VAA for purposes of the Code.
Loss Of Interest Deduction
After June 8, 1997, if a Contract is issued to a taxpayer that is not an individual,
or if a Contract is held for the benefit of an entity, the entity may lose a portion of its deduction for otherwise deductible interest expenses.
However, this rule does not apply to a Contract owned by an entity engaged in a trade or business that covers the life of one individual
who is either (i) a 20% Owner of the entity, or (ii) an officer, director, or employee of the trade or business, at the time first
covered by the Contract. This rule also does not apply to a Contract owned by an entity engaged in a trade or business that covers the joint lives of the 20% Owner or the entity and the Owner’s spouse at the time first covered by the Contract.
Age At Which Annuity Payouts Begin
The Code does not expressly identify a particular age by which Annuity Payouts must
begin. However, those rules do require that an annuity contract provide for amortization, through Annuity Payouts, of the Contract’s Purchase Payments, Bonus Credits, Persistency Credits, and earnings. As long as annuity payments begin or are scheduled to begin on a date on which the Annuitant’s remaining life expectancy is enough to allow for a sufficient Annuity Payout period, the Contract
should be treated as an annuity. If the annuity contract is not treated as an annuity, you would be currently taxed on the excess of the Contract
Value over the investment in the Contract.
Tax Treatment Of Payments
We make no guarantees regarding the tax treatment of any Contract or of any transaction
involving a Contract. However, the rest of this discussion assumes that your Contract will be treated as an annuity under the
Code and that any increase in your Contract Value will not be taxed until there is a distribution from your Contract.
Taxation Of Withdrawals And Surrenders
You will pay tax on withdrawals to the extent your Contract Value exceeds your investment
in the Contract. This income (and all other income from your Contract) is considered ordinary income (and does not receive capital
gains treatment and is not qualified dividend income). You will pay tax on a surrender to the extent the amount you receive exceeds
your investment in the Contract. In certain circumstances, your Purchase Payments and investment in the Contract are reduced by amounts received
from your Contract that were not included in income. Surrender and reinstatement of your Contract will generally
be taxed as a withdrawal. If your Contract has a Living Benefit Rider, and if the guaranteed amount under that rider immediately before
a withdrawal exceeds your Contract Value, the Code may require that you include those additional amounts in your income. Please
consult your tax advisor.
Taxation Of Annuity Payouts, including Regular Income Payments
The Code imposes tax on a portion of each Annuity Payout (at ordinary income tax rates)
and treats a portion as a nontaxable return of your investment in the Contract. We will notify you annually of the taxable amount
of your Annuity Payout. Once you have recovered the total amount of the investment in the Contract, you will pay tax on the full
amount of your Annuity Payouts. If Annuity Payouts end because of the Annuitant’s death and before the total amount in the Contract has been distributed, the amount not received will generally be deductible. If withdrawals, other than Regular Income Payments,
are taken from i4LIFE® Advantage during the Access Period, they are taxed subject to an exclusion ratio that is determined based
on the amount of the payment.
Taxation Of Death Benefits
We may distribute amounts from your Contract because of the death of a Contractowner
or an Annuitant. The tax treatment of these amounts depends on whether the Contractowner or the Annuitant dies before or after
the selection of an Annuity Payout option.
Death prior to the selection of an Annuity Payout option:
●
If the Beneficiary receives Death Benefits under an Annuity Payout option, they are
taxed in the same manner as Annuity Payouts.
●
If the Beneficiary does not receive Death Benefits under an Annuity Payout option,
they are taxed in the same manner as a withdrawal.
48
Death after the selection of an Annuity Payout option:
●
If Death Benefits are received in accordance with the existing Annuity Payout option
following the death of a Contractowner who is not the Annuitant, they are excludible from income in the same manner as the Annuity
Payout prior to the death of the Contractowner.
●
If Death Benefits are received in accordance with the existing Annuity Payout option
following the death of the Annuitant (whether or not the Annuitant is also the Contractowner), the Death Benefits are excludible
from income if they do not exceed the investment in the Contract not yet distributed from the Contract. All Annuity Payouts in excess
of the investment in the Contract not previously received are includible in income.
●
If Death Benefits are received in a lump sum, the Code imposes tax on the amount of
Death Benefits which exceeds the amount of Purchase Payments not previously received.
Additional Taxes Payable On Withdrawals, Surrenders, Or Annuity Payouts
The Code may impose a 10% additional tax on any distribution from your Contract which
you must include in your gross income. The 10% additional tax does not apply if one of several exceptions exists. These exceptions
include withdrawals, surrenders, or Annuity Payouts that:
●
you receive on or after you reach 59½,
●
you receive because you became disabled (as defined in the Code),
●
you receive from an immediate annuity,
●
a Beneficiary receives on or after your death, or
●
you receive as a series of substantially equal periodic payments based on your life
or life expectancy (non-natural owners holding as agent for an individual do not qualify).
Unearned Income Medicare Contribution
Congress enacted the “Unearned Income Medicare Contribution” as a part of the Health Care and Education Reconciliation Act of 2010. This tax, which affects individuals whose modified adjusted gross income exceeds
certain thresholds, is a 3.8% tax on the lesser of (i) the individual's “unearned income,” or (ii) the dollar amount by which the individual's modified adjusted gross income exceeds the applicable threshold. Unearned income includes the taxable portion of
distributions that you take from your annuity contract. If you take a distribution from your Contract that may be subject to the tax, we will include a Distribution Code “D” in Box 7 of the Form 1099-R issued to report the distribution. Please consult your tax advisor
to determine whether your annuity distributions are subject to this tax.
Special Rules If You Own More Than One Annuity Contract
In certain circumstances, you must combine some or all of the nonqualified annuity
contracts you own in order to determine the amount of an Annuity Payout, a surrender, or a withdrawal that you must include in
income. For example, if you purchase two or more deferred annuity contracts from the same life insurance company (or its affiliates)
during any calendar year, the Code treats all such contracts as one contract. Treating two or more contracts as one contract could affect
the amount of a surrender, a withdrawal or an Annuity Payout that you must include in income and the amount that might be subject
to the additional tax described previously.
Loans and Assignments
Except for certain qualified contracts, the Code treats any amount received as a loan
under your Contract, and any assignment or pledge (or agreement to assign or pledge) of any portion of your Contract Value, as
a withdrawal of such amount or portion.
Gifting A Contract
If you transfer ownership of your Contract to a person other than to your spouse (or
to your former spouse incident to divorce), and receive a payment less than your Contract’s value, you will pay tax on your Contract Value to the extent it exceeds your investment in the Contract not previously received. The new owner’s investment in the Contract would then be increased to reflect the amount included in income.
Charges for Additional Benefits
Your Contract automatically includes a basic Death Benefit and may include other optional
riders. Certain enhancements to the basic Death Benefit may also be available to you. The cost of the basic Death Benefit and
any additional benefit are deducted from your Contract. It is possible that the tax law may treat all or a portion of the Death Benefit and
other optional rider charges, if any, as a contract withdrawal.
Special Considerations for Same-Sex Spouses
In 2013, the U.S. Supreme Court held that same-sex spouses who are married under state
law are treated as spouses for purposes of federal law. You are strongly encouraged to consult a tax advisor before electing spousal rights
under the Contract.
49
Qualified Retirement Plans
We have designed the contracts for use in connection with certain types of retirement
plans that receive favorable treatment under the Code. Contracts issued to or in connection with a qualified retirement plan are called “qualified contracts.” We issue contracts for use with various types of qualified retirement plans. The Federal income tax rules applicable
to those plans are complex and varied. As a result, this prospectus does not attempt to provide more than general information
about the use of the Contract with the various types of qualified retirement plans. Persons planning to use the Contract in connection
with a qualified retirement plan should obtain advice from a competent tax advisor.
Types of Qualified Contracts and Terms of Contracts
Qualified retirement plans may include the following:
●
Individual Retirement Accounts and Annuities (“Traditional IRAs”)
●
Roth IRAs
●
Traditional IRA that is part of a Simplified Employee Pension Plan (“SEP”)
●
SIMPLE 401(k) plans (Savings Incentive Matched Plan for Employees)
●
401(a) / (k) plans (qualified corporate employee pension and profit-sharing plans)
●
403(a) plans (qualified annuity plans)
●
403(b) plans (public school system and tax-exempt organization annuity plans)
●
H.R. 10 or Keogh Plans (self-employed individual plans)
●
457(b) plans (deferred compensation plans for state and local governments and tax-exempt
organizations)
Our individual variable annuity products are not available for use with any of the
foregoing qualified retirement plan accounts, with the exception of Traditional IRA, SEP IRA, and Roth IRA arrangements. Our individual variable
annuity products are no longer available for purchase under a 403(b) plan, and we do not accept additional premiums or transfers
to existing 403(b) contracts. We require confirmation from your 403(b) plan sponsor that surrenders, loans or transfers you request comply
with applicable tax requirements and decline requests that are not in compliance. We will defer processing payments you
request until all information required under the Code has been received. By requesting a surrender, loan or transfer, you consent to
the sharing of confidential information about you, your Contract, and transactions under the Contract and any other 403(b) contracts
or accounts you have under the 403(b) plan among us, your employer or plan sponsor, any plan administrator or record keeper,
and other providers.
We will amend contracts to be used with a qualified retirement plan as generally necessary to conform to the Code’s requirements for the type of plan. However, the rights of a person to any qualified retirement plan benefits may be subject to the plan’s terms and conditions, regardless of the contract’s terms and conditions. In addition, we are not bound by the terms and conditions of qualified retirement plans to the extent such terms and conditions contradict the contract,
unless we consent.
The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019
The Setting Every Community Up for Retirement Enhancement (SECURE) Act (the “SECURE Act”) was enacted on December 20, 2019. The SECURE Act made a number of significant changes to the rules that apply to qualified retirement plans and IRA’s, including the following:
●
Eliminated the age 70½ limit for making contributions to an IRA. Beginning in 2020, an IRA owner can make contributions to his or her IRA at any age.
●
Changed the required minimum distribution rules that apply after the death of a participant
or IRA owner.
●
Created the “Qualified Birth or Adoption” exception to the 10% additional tax on early distributions.
The Setting Every Community Up for Retirement Enhancement 2.0 (SECURE 2.0) Act of
2022
The Setting Every Community Up for Retirement Enhancement (SECURE 2.0) Act (the “SECURE 2.0 Act”) was enacted on December 29, 2022. The SECURE 2.0 Act made specific changes to retirement plans and IRA’s, including:
●
Increased the required beginning date measuring age from age 72 to 73 for any participant
or IRA owner who did not attain age 72 prior to January 1, 2023. As a result, required minimum distributions are generally
required to begin by April 1st of the year following the year in which the participant or IRA owner reaches age 73.
●
Further increased the required beginning date measuring age to 75 by 2033.
●
Created exception to the 10% additional tax for distributions for domestic violence
and emergencies.
●
Added provisions that permit rollover of 529 plan amounts to a Roth IRA for the beneficiary,
within certain limits.
Tax Treatment of Qualified Contracts
The Federal income tax rules applicable to qualified retirement plans and qualified
contracts vary with the type of plan and contract. For example:
●
Federal tax rules limit the amount of Purchase Payments or contributions that can
be made, and the tax deduction or exclusion
50
that may be allowed for the contributions. These limits vary depending on the type of qualified retirement plan and the participant’s specific circumstances (e.g., the participant’s compensation).
●
Minimum annual distributions are required under some qualified retirement plans once
you reach age 73 or retire, if later as described below.
●
Loans are allowed under certain types of qualified retirement plans, but Federal income
tax rules prohibit loans under other types of qualified retirement plans. For example, Federal income tax rules permit loans
under some section 403(b) plans, but prohibit loans under Traditional and Roth IRAs. If allowed, loans are subject to a variety
of limitations, including restrictions as to the loan amount, the loan’s duration, the rate of interest, and the manner of repayment. Your Contract or plan may not permit loans.
Please note that qualified retirement plans such as 403(b) plans, 401(k) plans and
IRAs generally defer taxation of contributions and earnings until distribution. As such, an annuity does not provide any additional tax
deferral benefit beyond the qualified retirement plan itself.
Tax Treatment of Payments
The Federal income tax rules generally include distributions from a qualified contract in the participant’s income as ordinary income. These taxable distributions will include contributions that were deductible or excludible
from income. Thus, under many qualified contracts, the total amount received is included in income since a deduction or exclusion from
income was taken for contributions to the contract. There are exceptions. For example, you do not include amounts received from
a Roth IRA in income if certain conditions are satisfied.
Required Minimum Distributions
Under most qualified plans, you must begin receiving payments from the Contract in certain minimum amounts by your “required beginning date”. Prior to the SECURE 2.0 Act, the required beginning date was April 1 of the year following the year you attain age 72 or retired. If you did not attain age 72 prior to January 1, 2023, then your required
beginning date will be April 1st of the year following the year in which you attain age 73 or retire. If you own a traditional IRA, your
required beginning date under prior law was April 1st of the year following the year in which you attained age 72. If you did not attain age
72 prior to January 1, 2023, then your required beginning date will be April 1st of the year following the year in which you attain age 73. If you own a Roth IRA,
you are not required to receive minimum distributions from your Roth IRA during your life.
Failure to comply with the minimum distribution rules applicable to certain qualified
plans, such as Traditional IRAs, will result in the imposition of an excise tax. This excise tax is applied to the amount by which a required
minimum distribution exceeds the actual distribution from the qualified plan.
Treasury regulations applicable to required minimum distributions include a rule that
may impact the distribution method you have chosen and the amount of your distributions. Under these regulations, the presence
of an enhanced Death Benefit, or other benefit which could provide additional value to your Contract, may require you to take additional
distributions. An enhanced Death Benefit is any Death Benefit that has the potential to pay more than the Contract Value or a
return of investment in the Contract. Annuity contracts inside Custodial or Trusteed IRAs will also be subject to these regulations. Please
contact your tax advisor regarding any tax ramifications.
Additional Tax on Early Distributions from Qualified Retirement Plans
The Code may impose a 10% additional tax on an early distribution from a qualified
contract that must be included in income. The Code does not impose the additional tax if one of several exceptions applies. The
exceptions vary depending on the type of qualified contract you purchase. For example, in the case of an IRA, the 10% additional tax
will not apply to any of the following withdrawals, surrenders, or Annuity Payouts:
●
Distribution received on or after the Annuitant reaches 59½,
●
Distribution received on or after the Annuitant’s death or because of the Annuitant’s disability (as defined in the Code),
●
Distribution received as a series of substantially equal periodic payments based on the Annuitant’s life (or life expectancy),
●
Distribution received as reimbursement for certain amounts paid for medical care,
or
●
Distribution received for a “qualified birth or adoption” event.
These exceptions, as well as certain others not described here, generally apply to
taxable distributions from other qualified retirement plans. However, the specific requirements of the exception may vary.
Unearned Income Medicare Contribution
Congress enacted the “Unearned Income Medicare Contribution” as a part of the Health Care and Education Reconciliation Act of 2010. This tax affects individuals whose modified adjusted gross income exceeds certain
thresholds, is a 3.8% tax on the lesser of (i) the individual’s “unearned income,” or (ii) the dollar amount by which the individual’s modified adjusted gross income exceeds the applicable threshold. Distributions that you take from your Contract are not included
in the calculation of unearned income because your Contract is a qualified plan contract. However, the amount of any such distribution
is included in determining whether you
51
exceed the modified adjusted gross income threshold. Please consult your tax advisor
to determine whether your annuity distributions are subject to this tax.
Transfers and Direct Rollovers
As a result of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA),
you may be able to move funds between different types of qualified plans, such as 403(b) and 457(b) governmental plans,
by means of a rollover or transfer. You may be able to rollover or transfer amounts between qualified plans and traditional IRAs. These
rules do not apply to Roth IRAs and 457(b) non-governmental tax-exempt plans. There are special rules that apply to rollovers, direct rollovers
and transfers (including rollovers or transfers of after-tax amounts). If the applicable rules are not followed, you may
incur adverse Federal income tax consequences, including paying taxes which you might not otherwise have had to pay. Before we send
a rollover distribution, we will provide a notice explaining tax withholding requirements (see Federal Income Tax Withholding). We are
not required to send you such notice for your IRA. You should always consult your tax advisor before you move or attempt to move
any funds.
The IRS issued Announcement 2014-32 confirming its intent to apply the one-rollover-per-year
limitation of 408(d)(3)(B) on an aggregate basis to all IRAs that an individual owns. This means that an individual
cannot make a tax-free IRA-to-IRA rollover if he or she has made such a rollover involving any of the individual’s IRAs in the current tax year. If an intended rollover does not qualify for tax-free rollover treatment, contributions to your IRA may constitute excess contributions
that may exceed contribution limits. This one-rollover-per-year limitation does not apply to direct trustee-to-trustee transfers.
Direct Conversions and Recharacterizations
The Pension Protection Act of 2006 (PPA) permits direct conversions from certain qualified,
retirement, 403(b) or 457(b) plans to Roth IRAs (effective for distributions after 2007). You are also permitted to recharacterize
your traditional IRA contribution as a Roth IRA contribution, and to recharacterize your Roth IRA contribution as a traditional
IRA contribution. The deadline for the recharacterization is the due date (including extensions) for your individual income
tax return for the year in which the contribution was made. Upon recharacterization, you are treated as having made the contribution
originally to the second IRA account. The recharacterization does not count toward the one-rollover-per-year limitation described
above.
Effective for tax years beginning after December 31, 2017, pursuant to the Tax Cuts
and Jobs Act (Pub. L. No. 115-97), recharacterizations are no longer allowed in the case of a conversion from a non-Roth
account or annuity to a Roth IRA. This limitation applies to conversions made from pre-tax accounts under an IRA, qualified retirement
plan, 403(b) plan, or 457(b) plan. Roth IRA conversions made in 2017 may be recharacterized as a contribution to a traditional
IRA if the recharacterization is completed by October 15, 2018.
There are special rules that apply to conversions and recharacterizations, and if
they are not followed, you may incur adverse Federal income tax consequences. You should consult your tax advisor before completing a conversion
or recharacterization.
Death Benefit and IRAs
Pursuant to Treasury regulations, IRAs may not invest in life insurance contracts.
We do not believe that these regulations prohibit the Death Benefit from being provided under the Contract when we issue the Contract as
a Traditional or Roth IRA. However, the law is unclear and it is possible that the presence of the Death Benefit under a Contract
issued as a Traditional or Roth IRA could result in increased taxes to you. Certain Death Benefit options may not be available for all
of our products.
Federal Income Tax Withholding
We will withhold and remit to the IRS a part of the taxable portion of each distribution
made under a Contract unless you notify us in writing prior to the distribution that tax is not to be withheld. In certain circumstances,
Federal income tax rules may require us to withhold tax. At the time a withdrawal, surrender, or Annuity Payout is requested,
we will give you an explanation of the withholding requirements.
Certain payments from your Contract may be considered eligible rollover distributions
(even if such payments are not being rolled over). Such distributions may be subject to special tax withholding requirements.
The Federal income tax withholding rules require that we withhold 20% of the eligible rollover distribution from the payment amount,
unless you elect to have the amount directly transferred to certain qualified plans or contracts. The IRS requires that tax be
withheld, even if you have requested otherwise. Such tax withholding requirements are generally applicable to 401(a), 403(a) or (b), HR
10, and 457(b) governmental plans and contracts used in connection with these types of plans.
Our Tax Status
Under the Code, we are not required to pay tax on investment income and realized capital
gains of the VAA. We do not expect that we will incur any Federal income tax liability on the income and gains earned by the
VAA. However, the Company does expect, to the extent permitted under the Code, to claim the benefit of the foreign tax credit as
the owner of the assets of the VAA. Therefore, we do not impose a charge for Federal income taxes. If there are any changes in the Code
that require us to pay tax on some or all of the income and gains earned by the VAA, we may impose a charge against the VAA to pay
the taxes.
52
Changes in the Law
The above discussion is based on the Code, related regulations, and interpretations
existing on the date of this prospectus. However, Congress, the IRS, and the courts may modify these authorities, sometimes retroactively.
Additional Information
Voting Rights
As required by law, we will vote the fund shares held in the VAA at meetings of the
shareholders of the funds. The voting will be done according to the instructions of Contractowners who have interests in any Subaccounts
which invest in classes of the funds. If the 1940 Act or any regulation under it should be amended or if present interpretations
should change, and if as a result we determine that we are permitted to vote the fund shares in our own right, we may elect to do
so.
The number of votes which you have the right to cast will be determined by applying
your percentage interest in a Subaccount to the total number of votes attributable to the Subaccount. In determining the number of
votes, fractional shares will be recognized.
Each underlying fund is subject to the laws of the state in which it is organized
concerning, among other things, the matters which are subject to a shareholder vote, the number of shares which must be present in person
or by proxy at a meeting of shareholders (a “quorum”), and the percentage of such shares present in person or by proxy which must vote in favor of matters presented. Because shares of the underlying fund held in the VAA are owned by us, and because under the
1940 Act we will vote all such shares in the same proportion as the voting instructions which we receive, it is important that
each Contractowner provide their voting instructions to us. For funds un-affiliated with Lincoln, even though Contractowners may choose
not to provide voting instruction, the shares of a fund to which such Contractowners would have been entitled to provide voting instruction
will be voted by us in the same proportion as the voting instruction which we actually receive. For funds affiliated with Lincoln,
shares of a fund to which such Contractowners would have been entitled to provide voting instruction will, once we receive a sufficient
number of instructions we deem appropriate to ensure a fair representation of Contractowners eligible to vote, be voted by us
in the same proportion as the voting instruction which we actually receive. As a result, the instruction of a small number of Contractowners
could determine the outcome of matters subject to shareholder vote. All shares voted by us will be counted when the underlying
fund determines whether any requirement for a minimum number of shares be present at such a meeting to satisfy a quorum requirement
has been met. Voting instructions to abstain on any item to be voted on will be applied proportionately to reduce the number
of votes eligible to be cast.
Whenever a shareholders meeting is called, we will provide or make available to each
person having a voting interest in a Subaccount proxy voting material, reports and other materials relating to the funds. Since the
funds engage in shared funding, other persons or entities besides Lincoln New York may vote fund shares. See Investments of the Variable
Annuity Account.
Return Privilege
Within the free-look period after you receive the Contract, you may cancel it for
any reason by sending us a letter of instruction, indicating your intent to exercise the free-look provision. A Contract canceled under this provision
will be void. Except as explained in the following paragraph, we will return the Contract Value as of the Valuation Date on
which we receive the cancellation request, plus any premium taxes plus mortality and expense risk charges and administrative charges proportionately
attributable to the Bonus Credits, less any Bonus Credits paid into the Contract by us. In addition, if the Contract
Value on the date of cancellation is less than the sum of Purchase Payments minus withdrawals, we will also return both the investment loss
and fund management fees, each in an amount that is proportionately attributable to the Bonus Credits. Lincoln New York bears
the risk of market loss on the Bonus Credits. No surrender charges will apply. There are no additional Investment Requirements during the free-look
period other than as required under an elected optional benefit. A purchaser who participates in the VAA is subject to the risk of a market loss on
the Contract Value, excluding the Bonus Credits, during the free-look period.
IRA purchasers will receive the greater of Purchase Payments of Contract Value as
of the Valuation Date.
State Regulation
As a life insurance company organized and operated under New York law, we are subject
to provisions governing life insurers and to regulation by the New York Superintendent of Insurance. Our books and accounts are
subject to review and examination by the New York State Department of Financial Services at all times. A full examination of our
operations is conducted by that Department at least every five years.
Records and Reports
As presently required by the 1940 Act and applicable regulations, we are responsible
for maintaining all records and accounts relating to the VAA. We have entered into an agreement with State Street Bank and Trust Company,
2323 Grand Boulevard, 5th Floor, Kansas City, MO 64108, to provide accounting services to the VAA. We will mail to you, at
your last known address of record at the Servicing Office, at least semi-annually after the first Contract Year, reports containing information
required by that Act or any other applicable
53
law or regulation. Administrative services necessary for the operations of the VAA
and the contracts are currently provided by Lincoln Life. However, neither the assets of Lincoln Life nor the assets of LNC support the
obligation of Lincoln New York under the contracts.
A written (or electronic, if elected) confirmation of each transaction will be provided
to you on the next Valuation Date, except for the following transactions, which are mailed quarterly:
●
deduction of any account fee or rider charges;
●
crediting of persistency credits, if applicable;
●
any rebalancing event under Asset Allocation Models, Investment Requirements or the
portfolio rebalancing service;
●
any transfer or withdrawal under any applicable additional service: dollar cost averaging,
AWS, or the cross-reinvestment service; and
●
Regular Income Payments from i4LIFE® Advantage.
Other Information
You may elect to receive your prospectus, prospectus supplements, quarterly statements,
and annual and semiannual reports electronically over the Internet, if you have an e-mail account and access to an Internet browser.
Once you select eDelivery, via the Internet Service Center, all documents available in electronic format will no longer be sent
to you in hard copy. You will receive an e-mail notification when the documents become available online. It is your responsibility
to provide us with your current e-mail address. You can resume paper mailings at any time without cost, by updating your profile at the
Internet Service Center, or contacting us. To learn more about this service, please log on to www.LincolnFinancial.com, select service
centers and continue on through the Internet Service Center.
Legal Proceedings
In the ordinary course of its business and otherwise, the Company and its subsidiaries
or its separate accounts and Principal Underwriter may become or are involved in various pending or threatened regulatory or legal proceedings,
including purported class actions, arising from the conduct of its business. In some instances, the proceedings
include claims for unspecified or substantial punitive damages and similar types of relief in addition to amounts for alleged contractual
liability or requests for equitable relief.
After consultation with legal counsel and a review of available facts, it is management’s opinion that the proceedings, after consideration of any reserves and rights to indemnification, ultimately will be resolved without
any material adverse effect on the consolidated financial position of the Company and its subsidiaries, or the financial position
of its separate accounts or Principal Underwriter. However, given the large and indeterminate amounts sought in certain of these proceedings
and the inherent difficulty in predicting the outcome of such proceedings, it is reasonably possible that an adverse outcome in certain matters could be material to the Company’s operating results for any particular reporting period.
Please refer to the Statement of Additional Information for possible additional information
regarding legal proceedings.
54
Appendix A — Investment Options Available Under The Contract
Variable Options
The following is a list of funds currently available under the Contract. Depending
on the optional benefits you choose, you may not be able to invest in certain funds. Current performance of the Subaccounts can be found
at www.lfg.com/VAprospectus. More information about the funds is available in the prospectuses for the Funds, which may be amended
from time to time and can be found online at www.lfg.com/VAprospectus. You can also request this information and current fund
performance at no cost by calling 1-800-942-5500 or by sending an email request to [email protected].
The current expenses and performance information below reflect fees and expenses of the Fund, but do not reflect the other fees and expenses that your Contract may charge. Expenses would be higher and performance would
be lower if these other charges were included. Each fund’s past performance is not necessarily an indication of future performance.
|
Investment Objective
|
Fund and
Adviser/Sub-adviser1
|
Current
Expenses
|
Average Annual Total
Returns (as of 12/31/2025)
|
||
|
|
|
|
1 year
|
5 year
|
10 year
|
|
The balanced accomplishment of three
objectives: long-term growth of capital,
conservation of principal and current
income.
|
American Funds® IS American Funds
Global Balanced Fund - Class 2
advised by Capital Research and
Management Company
|
0.76%2
|
17.14%
|
6.11%
|
7.69%
|
|
To provide current income and preservation
of capital.
|
American Funds® IS American Funds
Mortgage Fund - Class 2
advised by Capital Research and
Management Company
|
0.56%2
|
8.63%
|
0.31%
|
1.68%
|
|
To provide a high level of current income;
capital appreciation is the secondary
consideration.
|
American Funds® IS American High-
Income Trust - Class 2
advised by Capital Research and
Management Company
|
0.62%2
|
8.24%
|
5.60%
|
6.96%
|
|
High total return (including income and
capital gains) consistent with preservation
of capital over the long term.
|
American Funds® IS Asset Allocation Fund
- Class 2
advised by Capital Research and
Management Company
|
0.54%
|
15.85%
|
8.97%
|
9.77%
|
|
To provide a level of current income that
exceeds the average yield on U.S. stocks
generally and a growing stream of income
over the years.
|
American Funds® IS Capital Income Builder
- Class 4
advised by Capital Research and
Management Company
|
0.77%2
|
20.16%
|
8.82%
|
7.32%
|
|
To provide a high level of total return
consistent with prudent investment
management.
|
American Funds® IS Capital World Bond
Fund - Class 2
advised by Capital Research and
Management Company
|
0.73%
|
9.39%
|
-2.50%
|
1.23%
|
|
Long-term growth of capital while providing
current income.
|
American Funds® IS Capital World Growth
and Income Fund - Class 2
advised by Capital Research and
Management Company
|
0.66%2
|
24.80%
|
10.29%
|
11.02%
|
|
Long-term growth of capital.
|
American Funds® IS Global Growth Fund -
Class 2
advised by Capital Research and
Management Company
|
0.65%2
|
21.62%
|
8.23%
|
12.17%
|
A-1
|
Investment Objective
|
Fund and
Adviser/Sub-adviser1
|
Current
Expenses
|
Average Annual Total
Returns (as of 12/31/2025)
|
||
|
|
|
|
1 year
|
5 year
|
10 year
|
|
Long-term growth of capital.
|
American Funds® IS Global Small
Capitalization Fund - Class 2
advised by Capital Research and
Management Company
|
0.90%2
|
14.64%
|
0.49%
|
7.23%
|
|
Growth of capital.
|
American Funds® IS Growth Fund - Class 2
advised by Capital Research and
Management Company
|
0.58%
|
20.24%
|
13.37%
|
17.97%
|
|
Long-term growth of capital and income.
|
American Funds® IS Growth-Income Fund -
Class 2
advised by Capital Research and
Management Company
|
0.53%
|
18.06%
|
13.90%
|
13.92%
|
|
Long-term growth of capital.
|
American Funds® IS International Fund -
Class 2
advised by Capital Research and
Management Company
|
0.72%2
|
26.77%
|
3.40%
|
7.00%
|
|
Long-term growth of capital while providing
current income.
|
American Funds® IS International Growth
and Income Fund - Class 2
advised by Capital Research and
Management Company
|
0.81%
|
35.41%
|
7.69%
|
7.81%
|
|
To provide high total return (including
income and capital gains) consistent with
preservation of capital over the long term
while seeking to manage volatility and
provide downside protection. A fund of
funds.
|
American Funds® IS Managed Risk Asset
Allocation Fund - Class P2
advised by Capital Research and
Management Company
|
0.90%
|
11.67%
|
6.43%
|
7.17%
|
|
To provide growth of capital while seeking
to manage volatility and provide downside
protection. A fund of funds.
|
American Funds® IS Managed Risk Growth
Fund - Class P2
advised by Capital Research and
Management Company
|
0.93%
|
13.41%
|
7.96%
|
11.74%
|
|
To achieve long-term growth of capital and
income while seeking to manage volatility
and provide downside protection. A fund of
funds.
|
American Funds® IS Managed Risk
Growth-Income Fund - Class P2
advised by Capital Research and
Management Company
|
0.88%
|
11.17%
|
7.70%
|
8.98%
|
|
To provide long-term growth of capital
while seeking to manage volatility and
provide downside protection. A fund of
funds.
|
American Funds® IS Managed Risk
International Fund - Class P2
advised by Capital Research and
Management Company
|
1.06%2
|
15.09%
|
-0.29%
|
2.90%
|
|
To produce income and to provide an
opportunity for growth of principal
consistent with sound common stock
investing while seeking to manage volatility
and provide downside protection. A fund of
funds.
|
American Funds® IS Managed Risk
Washington Mutual Investors Fund - Class
P2
advised by Capital Research and
Management Company
|
0.88%
|
10.65%
|
8.04%
|
7.18%
|
A-2
|
Investment Objective
|
Fund and
Adviser/Sub-adviser1
|
Current
Expenses
|
Average Annual Total
Returns (as of 12/31/2025)
|
||
|
|
|
|
1 year
|
5 year
|
10 year
|
|
Long-term capital appreciation.
|
American Funds® IS New World Fund -
Class 2
advised by Capital Research and
Management Company
|
0.82%2
|
28.29%
|
5.33%
|
9.25%
|
|
Long-term growth of capital. A fund of
funds.
|
American Funds® IS Portfolio Series -
American Funds Global Growth Portfolio -
Class 4
advised by Capital Research and
Management Company
|
0.95%
|
21.55%
|
7.74%
|
11.06%
|
|
To provide long-term growth of capital
while providing current income. A fund of
funds.
|
American Funds® IS Portfolio Series -
American Funds Growth and Income
Portfolio - Class 4
advised by Capital Research and
Management Company
|
0.82%
|
16.12%
|
7.43%
|
8.82%
|
|
High total return (including income and
capital gains) consistent with preservation
of capital over the long term while seeking
to manage volatility and provide downside
protection. A fund of funds.
|
American Funds® IS Portfolio Series -
American Funds Managed Risk Global
Allocation Portfolio - Class P2
advised by Capital Research and
Management Company
|
1.03%
|
14.08%
|
3.90%
|
5.61%
|
|
Long-term growth of capital and current
income. A fund of funds.
|
American Funds® IS Portfolio Series -
American Funds Managed Risk Growth and
Income Portfolio - Class P2
advised by Capital Research and
Management Company
|
0.91%
|
12.81%
|
5.91%
|
6.75%
|
|
To provide long-term growth of capital
while seeking to manage volatility and
provide downside protection. A fund of
funds.
|
American Funds® IS Portfolio Series -
American Funds Managed Risk Growth
Portfolio - Class P2
advised by Capital Research and
Management Company
|
0.93%
|
11.27%
|
5.35%
|
7.53%
|
|
To provide as high a level of current income
as is consistent with the preservation of
capital.
|
American Funds® IS The Bond Fund of
America - Class 2
advised by Capital Research and
Management Company
|
0.47%2
|
7.26%
|
-0.14%
|
2.36%
|
|
To provide a high level of current income
consistent with prudent investment risk and
preservation of capital.
|
American Funds® IS U.S. Government
Securities Fund - Class 2
advised by Capital Research and
Management Company
|
0.50%2
|
7.75%
|
-0.23%
|
1.70%
|
|
Capital appreciation.
|
American Funds® IS U.S. Small and Mid
Cap Equity Fund - Class 4
advised by Capital Research and
Management Company
|
1.04%2
|
15.88%
|
N/A
|
N/A
|
A-3
|
Investment Objective
|
Fund and
Adviser/Sub-adviser1
|
Current
Expenses
|
Average Annual Total
Returns (as of 12/31/2025)
|
||
|
|
|
|
1 year
|
5 year
|
10 year
|
|
To provide the investors with current
income, consistent with the maturity and
quality standards applicable to the fund, and
preservation of capital and liquidity.
|
American Funds® IS Ultra-Short Bond Fund
- Class 2
advised by Capital Research and
Management Company
|
0.56%
|
3.83%
|
2.78%
|
1.71%
|
|
To produce income and to provide an
opportunity for growth of principal
consistent with sound common stock
investing.
|
American Funds® IS Washington Mutual
Investors Fund - Class 2
advised by Capital Research and
Management Company
|
0.50%2
|
17.21%
|
13.89%
|
12.36%
|
|
A balance between a high level of current
income and growth of capital, with an
emphasis on growth of capital. A fund of
funds.
|
LVIP American Balanced Allocation Fund -
Service Class
advised by Lincoln Financial Investments
Corporation
|
0.92%2
|
15.07%
|
6.24%
|
7.86%
|
|
Long-term capital appreciation. A fund of
funds.
|
LVIP American Funds Vanguard Active
Passive Growth Fund - Service Class
advised by Lincoln Financial Investments
Corporation
|
1.02%2
|
N/A
|
N/A
|
N/A
|
|
A balance between a high level of current
income and growth of capital. A fund of
funds.
|
LVIP American Global Balanced Allocation
Managed Risk Fund - Service Class
advised by Lincoln Financial Investments
Corporation
|
0.94%
|
12.43%
|
4.70%
|
6.06%
|
|
A balance between a high level of current
income and growth of capital, with a greater
emphasis on growth of capital. A fund of
funds.
|
LVIP American Global Growth Allocation
Managed Risk Fund - Service Class
advised by Lincoln Financial Investments
Corporation
|
0.96%
|
14.51%
|
5.63%
|
6.90%
|
|
A balance between a high level of current
income and growth of capital, with a greater
emphasis on growth of capital. A fund of
funds.
|
LVIP American Growth Allocation Fund -
Service Class
advised by Lincoln Financial Investments
Corporation
|
0.94%2
|
16.67%
|
6.74%
|
8.54%
|
|
A high level of current income with some
consideration given to growth of capital. A
fund of funds.
|
LVIP American Income Allocation Fund -
Service Class
advised by Lincoln Financial Investments
Corporation
|
0.92%2
|
12.16%
|
4.33%
|
6.05%
|
|
Current income, consistent with the
preservation of capital. A fund of funds.
|
LVIP American Preservation Fund - Service
Class
advised by Lincoln Financial Investments
Corporation
|
0.86%2
|
5.80%
|
0.81%
|
1.69%
|
1
The name of the adviser or sub-adviser is not listed if the name is incorporated into
the name of the fund or the fund company.
2
This fund is subject to an expense reimbursement or fee waiver arrangement. As a result, this fund’s annual expenses reflect temporary expense reductions. See the fund prospectus for additional information.
Fixed Options
The following is a list of fixed account options currently available under the Contract.
We may change the features of the fixed account options listed below, offer new fixed account options, and terminate existing fixed
account options. We will provide you with written notice at least 30 days prior to the date of any change. Depending on the optional
benefits you choose, you may not be able to invest in a fixed account option.
A-4
|
Name
|
Term
|
Minimum Guaranteed Interest Rate
|
|
DCA Fixed Account
|
3 –60 months
|
3.00%*
|
*
Contracts may guarantee a different minimum rate of interest based on how long you
have owned the contract and the date the contract was issued. Refer to your Contract for the specific guaranteed minimum interest rate applicable to your Contract.
A-5
Appendix B — Investment Requirements
If you purchase a Living Benefit Rider (except i4LIFE® Advantage without Guaranteed Income Benefit), you will be subject to Investment Requirements. This means you will be limited in your choice of Subaccount investments
and in how much you can invest in certain Subaccounts. This also means you will not be able to allocate Contract Value
to all of the Subaccounts that are available to Contractowners who have not elected a Living Benefit Rider. We impose Investment Requirements
to reduce the risk of investment losses that may require us to use our own assets to make guaranteed payments under
a Living Benefit Rider.
If you elect a Living Benefit Rider, Investment Requirements apply whether you purchase
the rider at contract issue or add it to an existing Contract. The Living Benefit Rider you purchase and the date of purchase
will determine which Investment Requirements will apply to your Contract. Currently, if you purchase i4LIFE® without Guaranteed Income Benefit, you will not be subject to any Investment Requirements, although we reserve the right to impose Investment Requirements for
this rider in the future. If we do exercise our right to do so, you will have to reallocate your Account Value subject to such
requirements.
Certain of the underlying funds that are included in the Investment Requirements,
including funds managed by an adviser affiliated with us, employ risk management strategies that are intended to control the funds’ overall volatility, and for some funds, to also reduce the downside exposure of the funds during significant market downturns.
These funds are included under Investment Requirements (particularly in the Investment
Requirements for the Managed Risk riders) in part because the reduction in volatility helps us to reduce the risk of investment
losses that may require us to use our own assets to make guaranteed payments under a Living Benefit Rider. At the same time, risk management
strategies in periods of high market volatility or other market conditions, could limit your participation in market gains. This
may conflict with your investment objectives by limiting your ability to maximize potential growth of your Contract Value and, in
turn, the value of any guaranteed benefit that is tied to investment performance. You should consult with your registered representative to
determine whether these funds align with your investment objectives. For more information about the funds and the investment strategies they employ, please refer to the funds’ current prospectuses. Fund prospectuses are available by contacting us.
Riders purchased prior to January 20, 2009. Contractowners who purchased the Lincoln Lifetime IncomeSM Advantage rider from December 15, 2008 through January 19, 2009 will be subject to Investment Requirements
as set forth in your Contract.
Riders purchased on or after January 20, 2009.
You must hold the rider for a minimum period of time after election (the minimum time
is specified under the Termination section of each rider). During this time, you will be required to adhere to the Investment Requirements.
After this time, failure to adhere to the Investment Requirements will result in termination of the rider.
Certain Living Benefit Riders guarantee you the right to transition to a version of
the i4LIFE® Guaranteed income Benefit even if that version is no longer available for purchase. If you transition to i4LIFE® Guaranteed Income Benefit, the Investment Requirements under your Prior Living Benefit Rider continue to apply. See i4LIFE® Advantage – i4LIFE® Advantage Guaranteed Income Benefit Transitions for a discussion of this transition.
If you purchase a Living Benefit Rider (except i4LIFE® Advantage without Guaranteed Income Benefit), you agree to be automatically enrolled in the portfolio rebalancing option under your Contract and thereby authorize
us to automatically rebalance your Contract Value on a periodic basis. (This portfolio rebalancing will continue while a death
claim is being settled, if the Living Benefit Rider could continue on an additional measuring life.) On each quarterly anniversary of the effective
date of the rider, we will rebalance your Contract Value in accordance with your allocation instructions in effect at the time of the
rebalancing. Confirmation of the rebalancing will appear on your quarterly statement and you will not receive an individual confirmation
after each reallocation.
Some investment options are not available to you if you purchase certain riders. The
Investment Requirements may not be consistent with an aggressive investment strategy. You should consult with your registered representative
to determine if the Investment Requirements are consistent with your investment objectives.
Investment Requirements for elections of i4LIFE® Advantage Select Guaranteed Income Benefit. If you elected i4LIFE® Advantage Select Guaranteed Income Benefit you must currently allocate 100% of your Contract
Value or i4LIFE® Advantage Account Value
among one or more of the following Subaccounts.
American Funds® IS Capital Income Builder*
American Funds® IS Global Balanced Fund
American Funds® IS Managed Risk Asset Allocation Fund
American Funds® IS Managed Risk Growth Fund*
American Funds® IS Managed Risk Growth-Income Fund*
American Funds® IS Managed Risk International Fund*
American Funds® IS Managed Risk Washington Mutual Investors Fund
American Funds® IS Portfolio Series – American Funds Global Growth Portfolio*
American Funds® IS Portfolio Series – American Funds Growth and Income Portfolio
American Funds® IS Portfolio Series – American Funds Managed Risk Global Allocation Portfolio
American Funds® IS Portfolio Series – American Funds Managed Risk Growth and Income Portfolio
American Funds® IS Portfolio Series – American Funds Managed Risk Growth Portfolio
LVIP American Balanced Allocation Fund
LVIP American Funds Vanguard Active Passive Growth Fund
LVIP American Global Balanced Allocation Managed Risk Fund
LVIP American Global Growth Allocation Managed Risk Fund
LVIP American Growth Allocation Fund
B-1
LVIP American Income Allocation Fund
LVIP American Preservation Fund
*These funds are only available for riders elected on or after May 21, 2018.
The fixed account, if available, is only available for dollar cost averaging.
As an alternative, to satisfy these Investment Requirements, contracts that purchase
i4LIFE® Advantage Select Guaranteed Income Benefit prior to January 9, 2017, may allocate 100% of your Account Value among the
American Funds Asset Allocation Fund (85%) and the American Funds U.S. Government Securities Fund (15%).
Contracts that purchase i4LIFE® Advantage Select Guaranteed Income Benefit on or after January 9, 2017, may allocate
in accordance with certain asset allocation models made available to you by your broker-dealer.
If so, currently 100% of the Account Value can be allocated to one of the following models, if available:
●
American Funds® IS Asset Allocation Fund & American Funds® IS U.S. Government Securities Fund Model
●
American Funds IS TRICAP Moderate Growth Portfolio
●
American Funds IS TRICAP Global Moderate Growth Portfolio
If you terminate the asset allocation model, you must follow the Investment Requirements
applicable to your rider. We may exclude an asset allocation model from being available for investment at any time, in our sole
discretion. You will be notified prior to the date of such a change.
Investment Requirements for other Living Benefit Riders purchased on or after January
11, 2016. For i4LIFE® Advantage Guaranteed Income Benefit (version 4) elections on or after January 11, 2016, you must currently
allocate your Account Value among one or more of the following Subaccounts.
|
Group 1
Investments must be at least 30% of Contract Value or Account Value
|
American Funds® IS American Funds Mortgage Fund
American Funds® IS Capital World Bond Fund
American Funds® IS The Bond Fund of America
American Funds® IS U.S. Government Securities Fund
LVIP American Preservation Fund
|
Group 2
Investments cannot exceed 70% of Contract Value or Account Value
|
American Funds® IS American High-Income Trust
American Funds® IS Asset Allocation Fund
American Funds® IS Capital Income Builder
American Funds® IS Capital World Growth and Income Fund
American Funds® IS Global Balanced Fund
American Funds® IS Global Growth Fund
American Funds® IS Growth Fund
American Funds® IS Growth-Income Fund
American Funds® IS International Fund
American Funds® IS International Growth and Income Fund
American Funds® IS Portfolio Series – American Funds Global Growth Portfolio
American Funds® IS Portfolio Series – American Funds Growth and Income Portfolio
American Funds® IS Ultra-Short Bond Fund
American Funds® IS Washington Mutual Investors Fund
LVIP American Balanced Allocation Fund
LVIP American Funds Vanguard Active Passive Growth Fund
LVIP American Growth Allocation Fund
LVIP American Income Allocation Fund
|
Group 3
Investments cannot exceed 10% of Contract Value or Account Value
|
American Funds® IS Global Small Capitalization Fund
American Funds® IS New World Fund
The fixed account is only available for dollar cost averaging.
As an alternative, to satisfy these Investment Requirements, you may allocate 100%
of your i4LIFE® Advantage Account Value among the Subaccounts listed below. If you allocate less than 100% of i4LIFE® Advantage Account Value among these Subaccounts, then the Subaccounts listed below that are also listed in Group 1 will be subject to the Group
1 restrictions. Any remaining Subaccounts listed
below that are not listed in Group 1 will fall into Group 2 and be subject to Group
2 restrictions.
American Funds® IS American Funds Mortgage Fund
American Funds® IS Asset Allocation Fund
American Funds® IS Capital World Bond Fund
American Funds® IS Global Balanced Fund
American Funds® IS The Bond Fund of America
American Funds® IS U.S. Government Securities Fund
LVIP American Balanced Allocation Fund
LVIP American Funds Vanguard Active Passive Growth Fund
LVIP American Growth Allocation Fund
LVIP American Income Allocation Fund
LVIP American Preservation Fund
The fixed account, if available, is only available for dollar cost averaging.
B-2
Investment Requirements for all other Living Benefit Riders. You must currently allocate your Contract Value or i4LIFE® Advantage Account Value among one or more of the following Subaccounts.
|
Group 1
Investments must be at least 30% of Contract Value or Account Value
|
American Funds® IS American Funds Mortgage Fund
American Funds® IS Capital World Bond Fund
American Funds® IS The Bond Fund of America
American Funds® IS U.S. Government Securities Fund
LVIP American Preservation Fund
|
Group 2
Investments cannot exceed 70% of Contract Value or Account Value
|
All other Subaccounts, except as described below.
|
Group 3
Investments cannot exceed 10% of Contract Value or Account Value
|
No Subaccounts at this time.
The fixed account, if available, is only available for dollar cost averaging.
As an alternative, to satisfy these Investment Requirements, you may allocate 100%
of your Contract Value or i4LIFE® Advantage Account Value among the Subaccounts listed below. If you allocate less than 100% of
Contract Value or i4LIFE® Advantage Account Value among these Subaccounts, then the Subaccounts listed below that are also listed
in Group 1 will be subject to the Group 1 restrictions. Any remaining Subaccounts listed below that are not listed in Group
1 will fall into Group 2 and be subject to Group 2
restrictions.
American Funds® IS American Funds Mortgage Fund
American Funds® IS Asset Allocation Fund
American Funds® IS Capital World Bond Fund
American Funds® IS Global Balanced Fund
American Funds® IS Managed Risk Asset Allocation Fund
American Funds® IS Portfolio Series – American Funds Managed Risk Global Allocation Portfolio
American Funds® IS Portfolio Series – American Funds Managed Risk Growth and Income Portfolio
American Funds® IS Portfolio Series – American Funds Managed Risk Growth Portfolio
American Funds® IS The Bond Fund of America
American Funds® IS U.S. Government Securities Fund
LVIP American Balanced Allocation Fund
LVIP American Funds Vanguard Active Passive Growth Fund
LVIP American Growth Allocation Fund
LVIP American Income Allocation Fund
LVIP American Preservation Fund
LVIP American Global Balanced Allocation Managed Risk Fund
LVIP American Global Growth Allocation Managed Risk Fund
To satisfy these Investment Requirements, Contract Value may be allocated in accordance
with certain asset allocation models depending on when you purchased your Contract, made available to you by your broker-dealer.
If so, currently 100% of the Contract Value can be allocated to one of the following models: American Legacy Fundamental
Equity Growth Model, American Legacy Fundamental Balanced Model, or American Legacy Fundamental Income Model. You may only choose
one asset allocation model at a time, though you may change to a different asset allocation model available in your Contract
that meets the Investment Requirements or reallocate Contract Value among Group 1 or Group 2 Subaccounts as described above.
These models are not available for contracts issued on or after November 15, 2010. If you terminate an asset allocation model,
you must follow the Investment Requirements applicable to your rider.
B-3
Appendix C — Discontinued Living Benefit Riders
The Living Benefit Riders described in this Appendix are unavailable for purchase
as of June 30, 2009. This Appendix contains important information for Contractowners who purchased their contract and one of the following
Living Benefit Riders prior to June 30, 2009. The riders described below, Lincoln Lifetime IncomeSM Advantage, Lincoln SmartSecurity® Advantage, and 4LATER® Advantage offer either a minimum withdrawal benefit (Lincoln Lifetime IncomeSM Advantage and Lincoln SmartSecurity® Advantage) or a minimum annuity payout (4LATER® Advantage). You may not own more than one Living Benefit Rider at a time. If you
own a Living Benefit Rider, you will be subject to Investment Requirements (see Investment Requirements).
Since these Living Benefit Riders are no longer available for purchase, you should carefully consider whether the termination
of a rider is the best decision for you. Terms and conditions may change after the contract is purchased pursuant to the terms of your
contract.
i4LIFE® Advantage and the Guaranteed Income Benefit are described in detail in the prospectus
(see Living Benefit Riders).
Charges and Deductions for Discontinued Living Benefit Riders
Lincoln Lifetime IncomeSM Advantage Fees. There is a fee associated with this rider as long as the rider is in effect.
The fee for your rider is based on the latest date of (a) the last Account Value Step-up
of the Protected Income Base or (b) the Benefit Year anniversary following any deposit where cumulative Purchase Payments received
after the first Benefit Year anniversary equal or exceed $100,000. See Appendix C – Lincoln Lifetime IncomeSM Advantage – Protected Income Base for a description of the calculation of the Protected Income Base.
The fee is based on the Guaranteed Amount as increased for subsequent Purchase Payments
and Bonus Credits, Account Value Step-ups, 5% Enhancements, and the 200% step-up and decreased for withdrawals. We will deduct
the cost of this rider from the Contract Value on a quarterly basis, with the first deduction occurring on the Valuation Date
on or next following the three-month anniversary of the effective date of the rider. This deduction will be made in proportion to the
value in each Subaccount of the Contract on the Valuation Date the protected lifetime income fee is assessed. The amount we deduct
will increase or decrease as the Guaranteed Amount increases or decreases, because the fee is based on the Guaranteed Amount.
Since the Account Value Step-up could increase your Guaranteed Amount every Benefit
Year (if all conditions are met), the fee rate could also increase every Benefit Year, but the rate will never exceed the guaranteed
maximum annual fee rate of 1.50%. If your fee rate is increased, you may opt out of the Account Value Step-up by giving us notice
within 30 days after the Benefit Year anniversary if you do not want your rate to change. If you opt out of the step-up, the fee rate and
the Guaranteed Amount will be lowered to the value they were immediately prior to the step-up, adjusted for additional Purchase
Payments or Excess Withdrawals, if any. This opt-out will only apply for this single Account Value Step-up and is not available if additional
Purchase Payments would cause your fee to increase. You will need to notify us each time the fee rate increases if you want
to opt out of subsequent Account Value Step-ups.
An increase in the Guaranteed Amount as a result of the 5% Enhancement or 200% step-up
will not cause an increase in the annual protected lifetime income fee rate but will increase the dollar amount of the fee.
Once cumulative additional Purchase Payments into your annuity contract after the
first Benefit Year equal or exceed $100,000, any additional Purchase Payment will cause the fee rate for your rider to change to
the current fee rate in effect on the next Benefit Year anniversary, but the fee rate will never exceed the guaranteed maximum annual
fee rate. The new fee rate will become effective on the Benefit Year anniversary.
The protected lifetime income fee will be discontinued upon termination of the rider.
A portion of the protected lifetime income fee, based on the number of days the rider was in effect that quarter, will be deducted
upon termination of the rider (except for death) or surrender of the Contract.
If the Guaranteed Amount is reduced to zero while the Contractowner is receiving a
lifetime Maximum Annual Withdrawal, no protected lifetime income fee will be deducted.
This rider is no longer available for purchase.
Guaranteed Income Benefit Charge for Lincoln Lifetime IncomeSM Advantage purchasers. For purchasers of Lincoln Lifetime IncomeSM Advantage who terminate their rider and purchase i4LIFE® Advantage Guaranteed Income Benefit (version 2 or 3), the Guaranteed Income Benefit which is purchased with i4LIFE® Advantage is subject to a current annual fee rate of 0.50% of the Account Value, which is added to the i4LIFE®Advantage charge rate for a total current charge rate of the Account Value, computed
daily as follows: 2.40% for the i4LIFE® Advantage Account Value Death Benefit; 2.45% for the i4LIFE® Advantage Guarantee of Principal Death Benefit; and 2.70% for the i4LIFE® Advantage EGMDB.
Purchasers of Lincoln Lifetime IncomeSM Advantage are guaranteed that in the future the guaranteed maximum charge for the
Guaranteed Income Benefit will be the guaranteed maximum charge then in effect at the time that
they purchase Lincoln Lifetime IncomeSM Advantage.
C-1
The Guaranteed Income Benefit charge rate will not change unless you elect an additional
step-up period during which the Guaranteed Income Benefit is stepped-up to 75% of the current Regular Income Payment (described
later). At the time you elect a new step-up period, the charge rate will change to the current charge rate in effect at that time
(if the current charge rate has changed) up to the guaranteed maximum annual charge rate of 1.50% of the Account Value. If we automatically
administer the step-up period election for you and your charge rate is increased, you may ask us to reverse the step-up period
election by giving us notice within 30 days after the date on which the step-up period election occurred. If we receive this notice,
we will decrease the charge rate, on a going forward basis, to the charge rate in effect before the step-up period election occurred. Any increased charges paid between the time of the step-up and the date we receive your notice to reverse the step-up will not be reimbursed.
After the Periodic Income Commencement Date, if the Guaranteed Income Benefit is terminated,
the Guaranteed Income Benefit annual charge will also terminate but the i4LIFE® Advantage charge will continue.
i4LIFE® Advantage Guaranteed Income Benefit Charge. The current annual charge rates for new elections of i4LIFE® Advantage Guaranteed Income Benefit, are disclosed in a Rate Sheet prospectus supplement.
The Rate Sheet indicates current rates and the date by which your rider election form
must be signed and dated for a rider to be issued with those rates. The rates may be superseded at any time in our sole discretion
and may be higher or lower than the charge rate on the previous Rate Sheet. Rate information for previous effective periods are
included in the Fee Table and in an Appendix to this prospectus.
Any change to the i4LIFE® Advantage Guaranteed Income Benefit fee rate will be disclosed in a new Rate Sheet
at least ten days before a rate becomes effective. Current Rate Sheets, will be included with the prospectus.
You can obtain the most current Rate Sheet by contacting your registered representative, online at www.lfg.com/VAprospectus
or by calling us at 1-800-942-5500.
The Guaranteed Income Benefit charge rate is based on your Account Value and is added
to the i4LIFE® Advantage Charge rate.
The Guaranteed Income Benefit annual charge rate may change upon an automatic step-up
of the Guaranteed Income Benefit or you elect an additional step-up period (version 2 and version 3) (described later in the
i4LIFE® Advantage section of this prospectus). At the time of the step-up, the Guaranteed Income Benefit charge rate will change to
the current charge rate in effect at that time (if the current charge rate has changed) up to the guaranteed maximum annual charge rate.
See Fee Tables.
If we automatically administer the step-up for Select Guaranteed Income Benefit and
Guaranteed Income Benefit (version 4) or step-up period election (version 2 and version 3) for you and your charge rate is
increased, you may ask us to reverse the step-up or the step-up period election by giving us notice within 30 days after the date on which
the step-up or the step-up period election occurred. If we receive notice of your request to reverse the step-up, on a going
forward basis, we will decrease the charge rate to the charge rate in effect before the step-up or the step-up period election occurred.
Any increased charges paid between the time of the step-up and the date we receive your notice to reverse the step-up will not be reimbursed. For version 4, future step-ups will continue even after you decline a current step-up. We will provide you with written notice
when a step-up has resulted in an increase to the current charge rate so that you may give us timely notice if you wish to reverse
a step-up. Version 1 does not step-up; therefore the charge does not change.
After the Periodic Income Commencement Date, if the Guaranteed Income Benefit is terminated,
the Guaranteed Income Benefit annual charge will also terminate, but the i4LIFE® Advantage charge will continue.
Discontinued Living Benefit Riders
Lincoln Lifetime IncomeSM Advantage
The Lincoln Lifetime IncomeSM Advantage rider provides minimum, guaranteed, periodic withdrawals for your life
as Contractowner/Annuitant regardless of the investment performance of the Contract, provided that certain conditions
are met. A minimum Protected Income Base is used to calculate the periodic withdrawals from your Contract, but
is not available as a separate benefit upon death or surrender. The Protected Income Base is equal to the initial Purchase Payment plus
the amount of any Bonus Credit applicable to that Purchase Payment (or Contract Value if elected after contract issue) increased by
subsequent Purchase Payments, any Bonus Credits, Account Value Step-ups, 5% Enhancements and the step-up to 200% of the initial Protected
Income Base and decreased by withdrawals in accordance with the provisions set forth below. After the first anniversary of
the rider effective date, once cumulative additional Purchase Payments exceed $100,000, additional Purchase Payments will be limited to
$50,000 per Benefit Year without Servicing Office approval. No additional Purchase Payments are allowed if the Contract Value
decreases to zero for any reason.
This rider provides annual withdrawals of 5% of the initial Protected Income Base
called Maximum Annual Withdrawal amounts. You may receive Maximum Annual Withdrawal amounts for your lifetime. Withdrawals in excess
of the Maximum Annual Withdrawal amount may significantly reduce your Maximum Annual Withdrawal amount. Withdrawals
will also negatively impact the availability of the 5% Enhancement and the 200% step-up (if applicable). These options are discussed
below in detail.
C-2
If you purchased this rider, you are limited in how you can invest in the Subaccounts
in your Contract. In addition, the fixed account is not available except for use with dollar cost averaging. See Appendix B - Investment
Requirements.
We have designed the rider to protect you from outliving your Contract Value. If the
rider terminates or you die before your Contract Value is reduced to zero, neither you nor your estate will receive any lifetime withdrawals
from us under the rider. We limit your withdrawals to the Maximum Annual Withdrawal amount and impose Investment Requirements in order
to minimize the risk that your Contract Value will be reduced to zero before your death.
Benefit Year. The Benefit Year is the 12-month period starting with the effective date of the rider
and starting with each anniversary of the rider effective date after that. If your Benefit Year anniversary falls on a day
that the New York Stock Exchange is closed, any benefit calculations scheduled to occur on that anniversary will occur on the next Valuation
Date.
Protected Income Base. The Protected Income Base is a value used to calculate your withdrawal benefit under
this rider. The Protected Income Base is not available to you as a lump sum withdrawal or a Death Benefit.
The initial Protected Income Base was established when you elected your rider. If you elected the rider at the time you purchased the
Contract, the initial Protected Income Base equaled your initial Purchase Payment plus the amount of any Bonus Credit. If you
elected the rider after the Contract was issued, the initial Protected Income Base equaled the Contract Value on the effective date of
the rider. The maximum Protected Income Base is $10 million. This maximum takes into consideration the total guaranteed amounts or
Protected Income Bases from all Lincoln New York contracts (or contracts issued by our affiliates) in which you are the covered
life under either the Lincoln Lifetime IncomeSM Advantage or Lincoln SmartSecurity® Advantage.
Additional Purchase Payments and any Bonus Credits automatically increase the Protected
Income Base by the amount of the Purchase Payment and any Bonus Credit (not to exceed the maximum Protected Income Base); for
example, a $10,000 additional Purchase Payment, which receives a 3% Bonus Credit, will increase the Protected Income Base
by $10,300. After the first anniversary of the rider effective date, once cumulative additional Purchase Payments exceed $100,000,
additional Purchase Payments will be limited to $50,000 per Benefit Year without Servicing Office approval. If after the first
Benefit Year cumulative additional Purchase Payments equal or exceed $100,000 the charge for Lincoln Lifetime IncomeSM Advantage will change to the then current charge in effect on the next Benefit Year anniversary. The charge will never exceed the guaranteed maximum
annual charge. Additional Purchase Payments will not be allowed if the Contract Value decreases to zero for any reason including
market loss.
The following example demonstrates the impact of additional Purchase Payments on the
Lincoln Lifetime IncomeSM Advantage charge:
|
Initial Purchase Payment
|
$100,000
|
|
|
Additional Purchase Payment in Year 2
|
$95,000
|
No change to charge
|
|
Additional Purchase Payment in Year 3
|
$50,000
|
Charge will be the then current charge
|
|
Additional Purchase Payment in Year 4
|
$25,000
|
Charge will be the then current charge
|
Each withdrawal reduces the Protected Income Base as discussed below.
5% Enhancement to the Protected Income Base. On each Benefit Year anniversary, the Protected Income Base, minus Purchase Payments and any applicable Bonus Credits received in the preceding Benefit Year, will be
increased by 5% if the Contractowner/Annuitant is under 86 and the rider is within the 10 year period described below. Additional
Purchase Payments and any Bonus Credits must be invested in the Contract at least one Benefit Year before the 5% Enhancement
will be made on the portion of the Protected Income Base equal to that Purchase Payment (and Bonus Credit). Any Purchase Payments
and Bonus Credits made within the first 90 days after the effective date of the rider will be included in the Protected Income
Base for purposes of receiving the 5% Enhancement on the first Benefit Year anniversary.
Note: The 5% Enhancement is not available in any Benefit Year there is a withdrawal
from Contract Value including a Maximum Annual Withdrawal amount. A 5% Enhancement will occur in subsequent years after a
withdrawal only under certain conditions. If you are eligible (as defined below) for the 5% Enhancement in the next year, the
enhancement will not occur until the Benefit Year anniversary of that year.
The following is an example of the impact of the 5% Enhancement on the Protected Income
Base:
Initial Purchase Payment = $100,000; Bonus Credit of 4% = $4,000; Protected Income
Base = $104,000
Additional Purchase Payment on day 30 = $15,000; Bonus Credit of 4% = $600; Protected
Income Base = $119,600
Additional Purchase Payment on day 95 = $10,000; Bonus Credit of 4% = $400; Protected
Income Base = $130,000
On the first Benefit Year anniversary, the Protected Income Base will never be less
than $135,980 ($119,600 x 1.05 = $125,580 + $10,400). The $10,000 Purchase Payment and $400 Bonus Credit on day 95 is not eligible
for the 5% Enhancement until the second Benefit Year anniversary.
C-3
The 5% Enhancement will be in effect for 10 years from the effective date of the rider.
The 5% Enhancement will cease upon the death of the Contractowner/Annuitant or when the Contractowner/Annuitant reaches age 86.
A new 10-year period will begin each time an Account Value Step-up to the Contract Value occurs as described below. As explained
below, the 5% Enhancement and Account Value Step-up will not occur in the same year. If the Account Value Step-up provides a greater
increase to the Protected Income Base, you will not receive the 5% Enhancement. The 5% Enhancement cannot increase the Protected
Income Base above the maximum Protected Income Base of $10 million. For riders purchased prior to January 20, 2009, the 5%
Enhancement will be in effect for 15 years from the effective date of the rider, and a new 15-year period will begin following
each Account Value Step-up.
The 5% Enhancement will not occur on any Benefit Year anniversary in which there is
a withdrawal, including a Maximum Annual Withdrawal amount, from the Contract during that Benefit Year. The 5% Enhancement
will occur on the following Benefit Year anniversary if no other withdrawals are made from the Contract and the rider is within the 10-year
period.
An example of the impact of a withdrawal on the 5% Enhancement is included in the
Withdrawals section below.
If your Protected Income Base is increased by the 5% Enhancement on the Benefit Year
anniversary, your charge rate for the rider will not change. However, the amount you pay for the rider will increase since the charge
for the rider is based on the Protected Income Base.
Account Value Step-ups of the Protected Income Base. The Protected Income Base will automatically step-up to the Contract Value on each Benefit Year anniversary if:
a.
the Contractowner/Annuitant is still living and under age 86; and
b.
the Contract Value on that Benefit Year anniversary, after the deduction of any withdrawals
(including surrender charges, the protected lifetime income fee and account fee), plus any Purchase Payments made on
that date is greater than the Protected Income Base after the 5% Enhancement (if any) or 200% step-up (if any, as described
below).
If you decline the Account Value Step-up, you will receive the 200% step-up (if you
are eligible as described below) or the 5% Enhancement (if you are eligible as specified above); however, a new 10-year period
for 5% Enhancements will not begin. You may not decline the Account Value Step-up, if applicable, if your additional Purchase
Payments would cause your charge to increase. See the earlier Protected Income Base section.
Following is an example of how the Account Value Step-ups and the 5% Enhancement will
work (assuming no withdrawals or additional Purchase Payments):
|
|
Contract
Value
|
Guaranteed
Amount
|
Potential for
Charge to
Change
|
Length of 5%
Enhancement
Period
|
|
Initial Purchase Payment $50,000 + 3%
Bonus Credit
|
$51,500
|
$51,500
|
No
|
10
|
|
1st Benefit Year anniversary
|
$54,000
|
$54,075
|
No
|
9
|
|
2nd Benefit Year anniversary
|
$53,900
|
$56,779
|
No
|
8
|
|
3rd Benefit Year anniversary
|
$57,000
|
$59,618
|
No
|
7
|
|
4th Benefit Year anniversary
|
$64,000
|
$64,000
|
Yes
|
10
|
On the first Benefit Year anniversary, the 5% Enhancement increased the Protected
Income Base to $54,075 since the increase in the Contract Value ($2,500) is less than the 5% Enhancement amount of $2,575 (5% of $51,500).
On the second Benefit Year anniversary, the 5% Enhancement provided a larger increase (5% of $54,075 = $2,704). On the third
Benefit Year anniversary, the 5% Enhancement provided a larger increase (5% of $56,779 = $2,839). On the fourth Benefit
Year anniversary, the Account Value Step-up to the Contract Value was greater than the 5% Enhancement amount of $2,981 (5% of
$59,618) and a new 10-year Enhancement Period began.
An Account Value Step-up cannot increase the Protected Income Base beyond the maximum
Protected Income Base of $10 million.
Step-up to 200% of the initial Protected Income Base. On the later of the tenth Benefit Year anniversary or the Benefit Year anniversary after you reach age 75, we will step-up your Protected Income Base to 200% of your
initial Protected Income Base (plus any Purchase Payments, including Bonus Credits, made within 90 days of rider election),
less any withdrawals, if this would increase your Protected Income Base to an amount higher than that provided by the 5% Enhancement
or the Account Value Step-up for that year, if applicable. (You will not also receive the 5% Enhancement or Account Value Step-up
if the 200% step-up applies.) (The 200% step-up will occur on the tenth Benefit Year anniversary if you purchased the rider prior to May 1, 2009.) This step-up
will not occur if:
1.
an Excess Withdrawal (defined below) has occurred; or
2.
cumulative withdrawals totaling more than 10% of the initial Protected Income Base
(plus Purchase Payments and applicable Bonus Credits within 90 days of rider election) have been made (even if these withdrawals
were within the Maximum Annual Withdrawal amount).
C-4
For example, assume the initial Protected Income Base is $208,000. A $10,400 Maximum
Annual Withdrawal was made at age 69 and at age 70. If one more $10,400 Maximum Annual Withdrawal was made at age 71, the Step-up
would not be available since withdrawals cannot exceed $20,800 (10% of $208,000).
This step-up is only available one time and it will not occur if, on the applicable
Benefit Year anniversary, your Protected Income Base exceeds 200% of your initial Protected Income Base (plus Purchase Payments and applicable
Bonus Credits within 90 days of rider election). Required minimum distributions (RMDs) from qualified contracts may adversely
impact this benefit because you may have to withdraw more than 10% of your initial Protected Income Base. See the terms governing
RMDs in the Maximum Annual Withdrawal Amount section below.
The following example demonstrates the impact of this step-up on the Protected Income
Base:
Initial Purchase Payment at age 65 = $200,000; Bonus Credit of $8,000; Protected Income
Base = $208,000; Initial Maximum Annual Withdrawal amount = $10,400.
After 10 years, at age 75, the Protected Income Base is $283,232 (after applicable
5% Enhancements and two withdrawals of $10,400) and the Contract Value is $250,000. Since the Protected Income Base is less
than $374,400 ($208,000 initial Protected Income Base reduced by the two $10,400 withdrawals x 200%), the Protected Income Base
is increased to $374,400.
The 200% step-up cannot increase the Protected Income Base beyond the maximum Protected
Income Base of $10 million.
Protected Annual Income Amount. You may make periodic withdrawals up to the Protected Annual Income amount each Benefit
Year for your lifetime as long as your Protected Annual Income amount is greater than zero.
On the effective date of the rider, the Protected Annual Income amount is equal to
5% of the initial Protected Income Base. If you do not withdraw the entire Protected Annual Income amount during a Benefit Year, there
is no carryover of the extra amount into the next Benefit Year.
If your Contract Value is reduced to zero because of market performance, withdrawals
equal to the remaining Protected Annual Income amount for that Benefit Year will be paid in a lump sum. On the next rider
anniversary, the scheduled amount will resume and continue automatically for your life under the Protected Annual Income Payment Option
(discussed later). You may not withdraw the remaining Protected Income Base in a lump sum.
Note: if any withdrawal is made, the 5% Enhancement is not available during that Benefit
Year. Withdrawals may also negatively impact the 200% step-up (see above).
The tax consequences of withdrawals are discussed in Federal Tax Matters section of
this prospectus.
All withdrawals you make, whether or not within the Protected Annual Income amount,
will decrease your Contract Value. Surrender charges are waived on cumulative withdrawals less than or equal to the Protected Annual
Income amount.
The Protected Annual Income amount is increased by 5% of any additional Purchase Payments
and Bonus Credits. For example, if the Protected Annual Income amount of $2,575 (5% of $51,500 Protected Income Base) is
in effect and an additional Purchase Payment of $10,000 is made (which receives a 3% Bonus Credit), the new Protected Annual Income
amount is $3,090 ($2,575 + 5% of $10,300).
5% Enhancements, Account Value Step-ups and the 200% step-up will cause a recalculation
of the eligible Protected Annual Income amount to the greater of:
a.
the Protected Annual Income amount immediately prior to the 5% Enhancement, Account
Value Step-up or 200% step-up; or
b.
5% of the Protected Income Base on the Benefit Year anniversary.
See the chart below for examples of the recalculation.
The Protected Annual Income amount from Lincoln Lifetime IncomeSM Advantage and the Maximum Annual Withdrawal amount from Lincoln SmartSecurity® Advantage under all Lincoln New York contracts (or contracts issued by our affiliates)
applicable to you can never exceed 5% of the maximum Protected Income Base or Guaranteed Amount.
Withdrawals. If the cumulative amounts withdrawn from the Contract during the Benefit Year (including
the current withdrawal) are within the Protected Annual Income amount, then:
1.
the withdrawal will reduce the Protected Income Base by the amount of the withdrawal
on a dollar-for-dollar basis, and
2.
the Protected Annual Income amount will remain the same.
The following example illustrates the impact of Protected Annual Incomes on the Protected
Income Base and the recalculation of the Protected Annual Income amount (assuming no additional Purchase Payments):
C-5
|
|
Contract
Value
|
Guaranteed
Amount
|
Maximum Annual
Withdrawal Amount
|
|
Initial Purchase Payment $50,000 + 3% Bonus Credit
|
$51,500
|
$51,500
|
$2,575
|
|
1st Benefit Year anniversary
|
$54,000
|
$54,000
|
$2,700
|
|
2nd Benefit Year anniversary
|
$51,000
|
$51,300
|
$2,700
|
|
3rd Benefit Year anniversary
|
$57,000
|
$57,000
|
$2,850
|
|
4th Benefit Year anniversary
|
$64,000
|
$64,000
|
$3,200
|
The initial Protected Annual Income amount is equal to 5% of the Protected Income
Base. Since withdrawals occurred each year (even withdrawals within the Protected Annual Income amount), the 5% Enhancement of the
Protected Income Base was not available. However, each year the Account Value Step-up occurred (first, third and fourth Benefit
Year anniversaries), the Protected Annual Income amount was recalculated to 5% of the current Protected Income Base.
Withdrawals within the Protected Annual Income amount are not subject to surrender
charges. Withdrawals from Individual Retirement Annuity contracts will be treated as within the Protected Annual Income amount (even
if they exceed the 5% Protected Annual Income amount) only if the withdrawals are taken in systematic installments of the
amount needed to satisfy the RMD rules under Internal Revenue Code Section 401(a)(9). In addition, in order for this exception
for RMDs to apply, the following must occur:
1.
Lincoln’s automatic withdrawal service is used to calculate and pay the RMD;
2.
The RMD calculation must be based only on the value in this Contract;
3.
No withdrawals other than RMDs are made within that Benefit Year (except as described
in next paragraph);
4.
This Contract is not a beneficiary IRA; and
5.
You are over age 59 (age 65 of the youngest life for joint life option).
If your RMD withdrawals during a Benefit Year are less than the Protected Annual Income
amount, an additional amount up to the Protected Annual Income amount may be withdrawn and will not be subject to surrender
charges. If a withdrawal, other than an RMD is made during the Benefit Year, then all amounts withdrawn in excess of the Protected
Annual Income amount, including amounts attributed to RMDs, will be treated as Excess Withdrawals (see below).
Distributions from qualified contracts are generally taxed as ordinary income. Distributions
from nonqualified contracts that are includable in gross income are also generally taxed as ordinary income. See Federal
Tax Matters for information on determining what amounts are includable in gross income.
Excess Withdrawals. Excess Withdrawals are the cumulative amounts withdrawn from the Contract during the
Benefit Year (including the current withdrawal) that exceed the Protected Annual Income amount. When Excess
Withdrawals occur:
1.
The Protected Income Base is reduced by the same proportion that the Excess Withdrawal
reduces the Contract Value. This means that the reduction in the Protected Income Base could be more than a dollar-for-dollar
reduction.
2.
The Protected Annual Income amount will be immediately recalculated to 5% of the new
(reduced) Protected Income Base (after the proportionate reduction for the Excess Withdrawal); and
3.
The 200% step-up will never occur.
The following example demonstrates the impact of an Excess Withdrawal on the Protected
Income Base and the Protected Annual Income amount. A $12,000 withdrawal caused a $15,102 reduction in the Protected Income
Base.
Prior to Excess Withdrawal:
Contract Value = $60,000
Protected Income Base = $85,000
Protected Annual Income amount = $5,200 (5% of the initial Protected Income Base of $104,000)
Contract Value = $60,000
Protected Income Base = $85,000
Protected Annual Income amount = $5,200 (5% of the initial Protected Income Base of $104,000)
After a $12,000 Withdrawal ($5,200 is within the Protected Annual Income amount, $6,800
is the Excess Withdrawal):
The Contract Value and Protected Income Base are reduced dollar for dollar for the
Protected Annual Income amount of $5,200:
Contract Value = $54,800
Protected Income Base = $79,800
Protected Income Base = $79,800
The Contract Value is reduced by the $6,800 Excess Withdrawal and the Protected Income
Base is reduced by 12.41%, the same proportion that the Excess Withdrawal reduced the $54,800 Contract Value ($6,800 / $54,800)
Contract Value = $48,000
Protected Income Base = $69,898 ($79,800 x 12.41% = $9,902; $79,800 - $9,902 = $69,898)
Protected Annual Income amount = $3,494.89 (5% of $69,898)
Protected Annual Income amount = $3,494.89 (5% of $69,898)
C-6
In a declining market, withdrawals that exceed the Protected Annual Income amount
may substantially deplete or eliminate your Protected Income Base and reduce or deplete your Protected Annual Income amount. This
is because the reduction in the benefit may be more than the dollar amount withdrawn from the Contract Value.
The portion of Excess Withdrawals attributed to Purchase Payments (and not Bonus Credits)
will be subject to surrender charges unless one of the waiver of surrender charge provisions set forth in your prospectus
is applicable. Continuing with the prior example of the $12,000 withdrawal: the $5,200 Protected Annual Income amount is not subject
to surrender charges; the $6,800 Excess Withdrawal may be subject to surrender charges. See Charges and Other Deductions - Surrender
Charges. Withdrawals attributed to Bonus Credits are not subject to surrender charges.
Protected Annual Income Payout Option. If you are required to annuitize your Protected Annual Income amount because you have
reached the Annuity Commencement Date, the Protected Annual Income Payout Option is
available.
The Protected Annual Income Payout Option is a fixed annuitization in which the Contractowner
will receive annual annuity payments equal to the Protected Annual Income amount for life (this option is different from
other annuity payment options discussed in your prospectus, including i4LIFE® Advantage, which are based on your Contract Value). Payment frequencies other than
annual may be available. You will have no other contract features other than the right to receive
annuity payments equal to the Protected Annual Income amount for your life.
If the Contract Value is zero and you have a remaining Protected Annual Income amount,
you will receive the Protected Annual Income Payment Option.
If you are receiving the Protected Annual Income Payout Option, your Beneficiary may
be eligible for a final payment upon your death. To be eligible the Death Benefit option in effect immediately prior to the Protected
Annual Income Payout Option must not be the Account Value Death Benefit.
The final payment is equal to the sum of all Purchase Payments, decreased by withdrawals
in the same proportion as the withdrawals reduce the Contract Value; withdrawals less than or equal to the Protected Annual
Income amount and payments under the Protected Annual Income Annuity Payout Option will reduce the sum of the Purchase Payments dollar
for dollar. If your Death Benefit option in effect immediately prior to the Protected Annual Income Payout Option provided for
deduction for withdrawals on a dollar for dollar basis, then any withdrawals that occurred prior to the election of Lincoln Lifetime IncomeSM Advantage will reduce the sum of all Purchase Payments on a dollar for dollar basis.
Death Prior to the Selection of an Annuity Payout Option. Lincoln Lifetime IncomeSM Advantage has no provision for a payout of the Protected Income Base upon death of the Contractowners or Annuitant. In addition,
Lincoln Lifetime IncomeSM Advantage provides no increase in value to the Death Benefit over and above what the Death Benefit provides
in the base contract. At the time of death, if the Contract Value equals zero, no Death Benefit options (as described in the Death Benefit
section of this prospectus) will be in effect. Election of Lincoln Lifetime IncomeSM Advantage does not impact the Death Benefit options available for purchase with your
annuity contract except as described below in Impact to Withdrawal Calculations of Death Benefits
before the Annuity Commencement Date. All Death Benefit payments must be made in compliance with Internal Revenue Code Sections
72(s) or 401(a)(9) as applicable as amended from time to time. See Benefits Available Under the Contract - Death Benefit.
Upon the death of the Contractowner/Annuitant, Lincoln Lifetime IncomeSM Advantage will end and no further Protected Annual Income amounts are available (even if there was a Protected Income Base in effect
at the time of the death).
Termination. After the seventh anniversary of the effective date of the rider, the Contractowner
may terminate the rider by notifying us in writing. Lincoln Lifetime IncomeSM Advantage will automatically terminate:
●
on the selection of an Annuity Payout option (except payments under the Protected
Annual Income Payment Option will continue if applicable);
●
if the Contractowner or Annuitant is changed including any sale or assignment of the
Contract or any pledge of the Contract as collateral;
●
on the date the Contractowner is changed pursuant to an enforceable divorce agreement
or decree;
●
upon the death of the Contractowner/Annuitant;
●
when the Protected Annual Income amount is reduced to zero; or
●
upon termination of the underlying annuity contract.
The termination will not result in any increase in Contract Value equal to the Protected
Income Base. Upon effective termination of this rider, the benefits and fees within this rider will terminate.
i4LIFE® Advantage Guaranteed Income Benefit Option. Contractowners who previously elected Lincoln Lifetime IncomeSM Advantage may decide to later carry over their Protected Income Base to the applicable version
of i4LIFE® Advantage Guaranteed Income Benefit. This decision must be made prior to the selection of an Annuity Payout option.
Guaranteed Income Benefit (version 3) is
C-7
available for Lincoln Lifetime IncomeSM Advantage riders purchased on or after October 6, 2008 and prior to October 31, 2010.
Guaranteed Income Benefit (version 2) is available for Lincoln Lifetime IncomeSM Advantage riders purchased prior to October 6, 2008. You cannot have both i4LIFE® Advantage and another Living Benefit Rider in effect on your Contract at the same
time.
Lincoln SmartSecurity® Advantage
This benefit provides a minimum guaranteed amount (Guaranteed Amount) that you will
be able to withdraw, in installments, from your Contract. The Guaranteed Amount is equal to the initial Purchase Payment plus
the amount of any Bonus Credit applicable to that Purchase Payment (or Contract Value if elected after contract issue) adjusted for
subsequent Purchase Payments, any Bonus Credits, step-ups and withdrawals in accordance with the provisions set forth below. There
are two options that step-up the Guaranteed Amount to a higher level (the Contract Value at the time of the step-up):
Lincoln SmartSecurity® Advantage – 5 Year Elective Step-up or
Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up
Under the Lincoln SmartSecurity® Advantage – 5 Year Elective Step-up, the Contractowner has the option to step-up the Guaranteed Amount after five years. With the Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up option, the Guaranteed Amount will automatically step up to the Contract Value, if higher, on each Benefit Year anniversary
through the tenth anniversary. With the Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up, the Contractowner can also initiate additional 10-year periods of automatic step-ups.
You may access this Guaranteed Amount through periodic withdrawals which are based
on a percentage of the Guaranteed Amount. With the Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up single life or joint life options, you also have the option to receive periodic withdrawals for your lifetime or for the lifetimes of you and your
spouse. These options are discussed below in detail.
If you purchased this rider, you are limited in how much you can invest in certain Subaccounts. See Appendix B – Investment Requirements.
Benefit Year. The Benefit Year is the 12-month period starting with the effective date of the rider
and starting with each anniversary of the rider effective date after that. If the Contractowner elects to step up the Guaranteed
Amount (this does not include Account Value Step-ups within a 10-year period), the Benefit Year will begin on the effective date
of the step-up and each anniversary of the effective date of the step-up after that. The step-up will be effective on the next Valuation
Date after notice of the step-up is approved by us. If your Benefit Year anniversary falls on a day that the New York Stock Exchange is closed,
any benefit calculations scheduled to occur on that anniversary will occur on the next Valuation Date.
Guaranteed Amount. The Guaranteed Amount is a value used to calculate your withdrawal benefit under this
rider. The Guaranteed Amount is not available to you as a lump sum withdrawal or a Death Benefit. The initial
Guaranteed Amount varies based on when and how you elect the benefit. If you elected the benefit at the time you purchased the
Contract, the Guaranteed Amount equals your initial Purchase Payment plus the amount of any Bonus Credit. If you elected the benefit after
we issued the Contract, the Guaranteed Amount equals the Contract Value on the effective date of the rider. The maximum Guaranteed
Amount is $5,000,000 under Lincoln SmartSecurity® Advantage – 5 Year Elective Step-up option and $10 million for Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up option. This maximum takes into consideration the combined guaranteed amounts
under the Living Benefit Riders of all Lincoln New York contracts (or contracts issued by our affiliates) in which you (and/or spouse
if joint life option) are the covered lives.
Additional Purchase Payments and Bonus Credits automatically increase the Guaranteed
Amount by the amount of the Purchase Payment and Bonus Credit (not to exceed the maximum); for example, a $10,000 additional Purchase
Payment , which receives a 3% Bonus Credit, will increase the Guaranteed Amount by $10,300. After the first anniversary
of the rider effective date, once cumulative additional Purchase Payments exceed $100,000, additional Purchase Payments will be
limited to $50,000 per Benefit Year without Servicing Office approval. Additional Purchase Payments will not be allowed if the
Contract Value is zero.
Each withdrawal reduces the Guaranteed Amount as discussed below.
Since the charge for the rider is based on the Guaranteed Amount, the cost of the
rider increases when additional Purchase Payments and step-ups are made and any Bonus Credits are received, and the cost decreases as
withdrawals are made because these transactions all adjust the Guaranteed Amount.
Step-ups of the Guaranteed Amount. Under the Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up option, the Guaranteed Amount will automatically step up to the Contract Value on each Benefit Year anniversary
up to and including the tenth Benefit Year if:
a.
the Contractowner or joint owner is still living; and
b.
the Contract Value as of the Valuation Date, after the deduction of any withdrawals
(including any surrender charges and other deductions ), the rider charge and account fee plus any Purchase Payments and
any Bonus Credits made on that date is greater than the Guaranteed Amount immediately preceding the Valuation Date.
C-8
After the tenth Benefit Year anniversary, you may initiate another 10-year period
of automatic step-ups by electing (in writing) to step-up the Guaranteed Amount to the greater of the Contract Value or the current
Guaranteed Amount if:
a.
each Contractowner and Annuitant is under age 81; and
b.
the Contractowner or joint owner is still living.
If you choose, we will administer this election for you automatically, so that a new
10-year period of step-ups will begin at the end of each prior 10-year step-up period.
Following is an example of how the step-ups work in the Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up option, (assuming no withdrawals or additional Purchase Payments):
|
|
Contract
Value
|
Guaranteed
Amount
|
|
Initial Purchase Payment $50,000 (3% Bonus Credit)
|
$51,500
|
$51,500
|
|
1st Benefit Year anniversary
|
$54,000
|
$54,000
|
|
2nd Benefit Year anniversary
|
$53,900
|
$54,000
|
|
3rd Benefit Year anniversary
|
$57,000
|
$57,000
|
Annual step-ups, if the conditions are met, will continue until (and including) the
tenth Benefit Year anniversary. If you had elected to have the next 10-year period of step-ups begin automatically after the prior 10-year
period, annual step-ups, if conditions are met, will continue beginning on the eleventh Benefit Year anniversary.
Under the Lincoln SmartSecurity® Advantage – 5 Year Elective Step-up option, after the fifth anniversary of the rider, you may elect (in writing) to step-up the Guaranteed Amount to an amount equal to the Contract Value
on the effective date of the step-up. Additional step-ups are permitted, but you must wait at least 5 years between each step-up.
Under both the Lincoln SmartSecurity® Advantage – 5 Year Elective Step-up and the Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up options, Contractowner elected step-ups (other than automatic step-ups) will
be effective on the next Valuation Date after we receive your request and a new Benefit Year will begin. Purchase Payments,
any Bonus Credits, and withdrawals made after a step-up adjust the Guaranteed Amount. In the future, we may limit your right to step
up the Guaranteed Amount to your Benefit Year anniversary dates. All step-ups are subject to the maximum Guaranteed Amount.
A Contractowner elected step-up (including Contractowner step-ups that we administer
for you to begin a new ten-year step-up period) may cause a change in the charge rate for this benefit. There is no change
in the charge rate when automatic, annual step-ups occur during a ten-year period.
Withdrawals. You will have access to your Guaranteed Amount through periodic withdrawals up to
the Maximum Annual Withdrawal amount each Benefit Year until the Guaranteed Amount equals zero. On the effective
date of the rider, the Maximum Annual Withdrawal amount is:
●
7% of the Guaranteed Amount under the Lincoln SmartSecurity® Advantage - 5 Year Elective Step-up option and
●
5% of the Guaranteed Amount under the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up option.
If you do not withdraw the entire Maximum Annual Withdrawal amount during a Benefit
Year, there is no carryover of the extra amount into the next Benefit Year. The Maximum Annual Withdrawal amount is increased
by 7% or 5% (depending on your option) of any additional Purchase Payments and any Bonus Credits. For example, if the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up option with a Maximum Annual Withdrawal amount of $2,575 (5% of $51,500 Guaranteed
Amount) is in effect and an additional Purchase Payment of $10,000 is made (which receives a 3% Bonus Credit), the new Maximum
Annual Withdrawal amount is $3,090 ($2,575 + 5% of $10,300). Step-ups of the Guaranteed Amount (both automatic
step-ups and step-ups elected by you) will step-up the Maximum Annual Withdrawal amount to the greater of:
a.
the Maximum Annual Withdrawal amount immediately prior to the step-up; or
b.
7% or 5% (depending on your option) of the new (stepped-up) Guaranteed Amount.
If the cumulative amounts withdrawn from the Contract during the Benefit Year (including
the current withdrawal) are within the Maximum Annual Withdrawal amount, then:
1.
the withdrawal will reduce the Guaranteed Amount by the amount of the withdrawal on
a dollar-for-dollar basis, and
2.
the Maximum Annual Withdrawal amount will remain the same.
Withdrawals within the Maximum Annual Withdrawal amount are not subject to surrender
charges or the Interest Adjustment on the amount withdrawn from the fixed account, if applicable. See Fixed Side of the Contract.
If the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up option is in effect, withdrawals from IRA contracts
will be treated as within the Maximum Annual Withdrawal amount (even if they exceed the 5% Maximum
Annual Withdrawal amount) only if:
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●
Lincoln’s automatic withdrawal service is used to calculate and pay the RMD;
●
the RMD calculation must be based only on the value in this Contract;
●
no withdrawals other than RMDs are made within the Benefit Year; and
●
this Contract is not a beneficiary IRA.
Distributions from qualified contracts are generally taxed as ordinary income. Distributions
from nonqualified contracts that are includable in gross income are also generally taxed as ordinary income. See Federal
Tax Matters for information on determining what amounts are includable in gross income.
When cumulative amounts withdrawn from the Contract during the Benefit Year (including
the current withdrawal) exceed the Maximum Annual Withdrawal amount:
1.
The Guaranteed Amount is reduced to the lesser of:
●
the Contract Value immediately following the withdrawal; or
●
the Guaranteed Amount immediately prior to the withdrawal, less the amount of the
withdrawal.
2.
The Maximum Annual Withdrawal amount will be the lesser of:
●
the Maximum Annual Withdrawal amount immediately prior to the withdrawal; or
●
the greater of:
●
7% or 5% (depending on your option) of the reduced Guaranteed Amount immediately following
the withdrawal (as specified above when withdrawals exceed the Maximum Annual Withdrawal amount); or
●
7% or 5% (depending on your option) of the Contract Value immediately following the
withdrawal; or
●
the new Guaranteed Amount.
The following example of the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up option, demonstrates the impact of an Excess Withdrawal on the Guaranteed Amount and the Maximum Annual Withdrawal amount.
A $7,000 Excess Withdrawal caused a $29,400 reduction in the Guaranteed Amount.
Prior to Excess Withdrawal:
Contract Value = $60,000
Guaranteed Amount = $82,400
Maximum Annual Withdrawal = $5,200 (5% of the initial Guaranteed Amount of $104,000)
Initial Guaranteed Amount of $104,000 equals $100,000 Purchase Payment and 4% Bonus Credit
Contract Value = $60,000
Guaranteed Amount = $82,400
Maximum Annual Withdrawal = $5,200 (5% of the initial Guaranteed Amount of $104,000)
Initial Guaranteed Amount of $104,000 equals $100,000 Purchase Payment and 4% Bonus Credit
After a $7,000 Withdrawal:
Contract Value = $53,000
Guaranteed Amount = $53,000
Maximum Annual Withdrawal = $2,650
Contract Value = $53,000
Guaranteed Amount = $53,000
Maximum Annual Withdrawal = $2,650
The Guaranteed Amount was reduced to the lesser of the Contract Value immediately
following the withdrawal ($53,000) or the Guaranteed Amount immediately prior to the withdrawal, less the amount of the withdrawal ($82,400
- $7,000 = $75,400).
The Maximum Annual Withdrawal amount was reduced to the lesser of:
1) Maximum Annual Withdrawal amount prior to the withdrawal ($5,200); or
2) The greater of 5% of the new Guaranteed Amount ($2,650) or 5% of the Contract Value following the withdrawal ($2,650); or
3) The new Guaranteed Amount ($53,000).
1) Maximum Annual Withdrawal amount prior to the withdrawal ($5,200); or
2) The greater of 5% of the new Guaranteed Amount ($2,650) or 5% of the Contract Value following the withdrawal ($2,650); or
3) The new Guaranteed Amount ($53,000).
The lesser of these three items is $2,650.
In a declining market, Excess Withdrawals may substantially deplete or eliminate your
Guaranteed Amount and reduce your Maximum Annual Withdrawal amount.
Under the Lincoln SmartSecurity® Advantage - 5 Year Elective Step-up option for IRA contracts, the annual amount available
for withdrawal within the Maximum Annual Withdrawal amount may not be sufficient to satisfy your
required minimum distributions under the Internal Revenue Code. This is particularly true for individuals over age 84.
Therefore, you may have to make withdrawals that exceed the Maximum Annual Withdrawal amount. Withdrawals over the Maximum Annual Withdrawal
amount may quickly and substantially decrease your Guaranteed Amount and Maximum Annual Withdrawal amount, especially
in a declining market. You should consult your tax advisor to determine if there are ways to limit the risks associated
with those withdrawals. Such methods may involve the timing of withdrawals or foregoing step-ups of the Guaranteed Amount.
Excess Withdrawals will be subject to surrender charges and an Interest Adjustment
on the amount withdrawn from the fixed account. Refer to the Statement of Additional Information for an example of the Interest Adjustment
calculation.
Lifetime Withdrawals. (Available only with the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up Single or Joint Life options and not the Lincoln SmartSecurity® Advantage - 5 Year Elective Step-up option or the prior version of the Lincoln
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SmartSecurity® Advantage - 1 Year Automatic Step-up option). Payment of the Maximum Annual Withdrawal amount will be guaranteed for your (Contractowner) lifetime (single life option) or for the lifetimes of you
(Contractowner) and your spouse (joint life option), as long as:
1) No withdrawals are made before you (and your spouse if a joint life) are age 65; and
2) An excess withdrawal (described above) has not reduced the Maximum Annual Withdrawal amount to zero.
If the lifetime withdrawal is not in effect, the Maximum Annual Withdrawal amount will last only until the Guaranteed Amount equals zero.
1) No withdrawals are made before you (and your spouse if a joint life) are age 65; and
2) An excess withdrawal (described above) has not reduced the Maximum Annual Withdrawal amount to zero.
If the lifetime withdrawal is not in effect, the Maximum Annual Withdrawal amount will last only until the Guaranteed Amount equals zero.
If any withdrawal is made prior to the time you (or both spouses) are age 65, the
Maximum Annual Withdrawal amount will not last for the lifetime(s), except in the two situations described below:
1) If a step-up of the Guaranteed Amount after age 65 causes the Maximum Annual Withdrawal
amount to equal or increase from the immediately prior Maximum Annual Withdrawal amount. This typically occurs if the Contract
Value equals or exceeds the highest, prior Guaranteed Amount. If this happens, the new Maximum Annual Withdrawal amount
will automatically be available for the specified lifetime(s); or
2) The Contractowner makes a one-time election to reset the Maximum Annual Withdrawal
amount to 5% of the current Guaranteed Amount. This reset will occur on the first Valuation Date following the Benefit Year
anniversary and will be based on the Guaranteed Amount as of that Valuation Date. This will reduce your Maximum Annual Withdrawal
amount. A Contractowner would only choose this if the above situation did not occur. To reset the Maximum Annual Withdrawal
amount, the following must occur:
a.
the Contractowner (and spouse if applicable) is age 65;
b.
the Contract is currently within a 10-year automatic step-up period described above
(or else a Contractowner submits a step-up request to start a new 10-year automatic step-up period) (the Contractowner must be
eligible to elect a step-up i.e. all Contractowners and the Annuitant must be alive and under age 81); and
c.
you have submitted this request to us in writing at least 30 days prior to the end
of the Benefit Year.
As an example of these two situations, if you purchased the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up with $100,000 (and received a Bonus Credit of 4%), your initial Guaranteed Amount is $104,000
and your initial Maximum Annual Withdrawal amount is $5,200. If you make a $5,000 withdrawal at age 62, your Guaranteed Amount
will decrease to $99,000. Since you did not satisfy the age 65 requirement, you do not have a lifetime Maximum Annual
Withdrawal amount. If a step-up of the Guaranteed Amount after age 65 (either automatic or Contractowner-elected) causes the Guaranteed
Amount to equal or exceed $104,000, then the Maximum Annual Withdrawal amount of $5,200 (or greater) will become a lifetime
payout. This is the first situation described above. However, if the Guaranteed Amount has not been reset to equal or
exceed the highest prior Guaranteed Amount, then you can choose the second situation described above if you are age 65 and the
Contract is within a ten-year automatic step-up period. This will reset the Maximum Annual Withdrawal amount to 5% of the current
Guaranteed Amount, 5% of $99,000 is $4,950. This is your new Maximum Annual Withdrawal amount which can be paid for your lifetime
unless Excess Withdrawals are made.
The tax consequences of withdrawals and annuity payments are discussed in Federal
Tax Matters.
All withdrawals you make, whether or not within the Maximum Annual Withdrawal amount,
will decrease your Contract Value. If the Contract is surrendered, the Contractowner will receive the Contract Value (less any
applicable charges, fees, and taxes) and not the Guaranteed Amount.
If your Contract Value is reduced to zero because of market performance, withdrawals
equal to the remaining Maximum Annual Withdrawal amount for that Benefit Year will be paid in a lump sum. On the next rider anniversary,
the scheduled amount will resume and continue for the life of you (and your spouse if applicable) if the lifetime withdrawals
are in effect. If not, the Maximum Annual Withdrawal amount will continue until the Guaranteed Amount equals zero. You may not withdraw
the remaining Guaranteed Amount in a lump sum.
Guaranteed Amount Annuity Payment Option. If you desire to annuitize your Guaranteed Amount, the Guaranteed Amount Annuity
Payment Option is available. The Guaranteed Amount Annuity Payment Option is a fixed
annuitization in which the Contractowner (and spouse if applicable) will receive the Guaranteed Amount in annual annuity payments
equal to the current 7% or 5% (depending on your option) Maximum Annual Withdrawal amount, including the lifetime Maximum Annual
Withdrawals if in effect (this option is different from other annuity payment options discussed in this prospectus, including
i4LIFE® Advantage, which are based on your Contract Value). Payment frequencies other than annual may be available. Payments
will continue until the Guaranteed Amount equals zero (or until death if the lifetime Maximum Annual Withdrawal is in effect) and your
Contract terminates. This may result in a partial, final payment. You would consider this option only if your Contract Value is less
than the Guaranteed Amount (and you don't believe the Contract Value will ever exceed the Guaranteed Amount) and you do not wish to
keep your annuity contract in force other than to pay out the Guaranteed Amount. You will have no other contract features other than
the right to receive annuity payments equal to the Maximum Annual Withdrawal amount until the Guaranteed Amount equals zero (or until
death if the lifetime Maximum Annual Withdrawal is in effect).
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If the Contract Value is zero and you have a remaining Guaranteed Amount, you may
not withdraw the remaining Guaranteed Amount in a lump sum, but must elect the Guaranteed Amount Annuity Payment Option.
Death Prior to the Selection of an Annuity Payout Option. There is no provision for a lump sum payout of the Guaranteed Amount upon death of the Contractowners or Annuitant. In addition, Lincoln SmartSecurity® Advantage provides no increase in the Death Benefit value over and above what the Death Benefit provides in the base contract. At the
time of death, if the Contract Value equals zero, no Death Benefit will be paid other than any applicable Maximum Annual Withdrawal
amounts. All Death Benefit payments must be made in compliance with Internal Revenue Code Sections 72(s) or 401(a)(9) as applicable
as amended from time to time. See Benefits Available Under the Contract – Death Benefit.
Upon the death of the single life under the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up option, the lifetime payout of the Maximum Annual Withdrawal amount, if in effect, will end. If the Contract is
continued as discussed below, the Maximum Annual Withdrawal amount will continue until the Guaranteed Amount, if any, is zero.
In the alternative, the surviving spouse can choose to become the new single life, if the surviving spouse is under age 81. This
will cause a reset of the Guaranteed Amount and the Maximum Annual Withdrawal amount. The new Guaranteed Amount will equal the Contract
Value on the date of the reset and the new Maximum Annual Withdrawal amount will be 5% of the new Guaranteed Amount. This
also starts a new 10-year period of automatic step-ups. At this time, the charge for the rider will become the current charge in
effect for the single life option. The surviving spouse will need to be 65 before taking withdrawals to qualify for a lifetime payout.
In deciding whether to make this change, the surviving spouse should consider: 1) the change a reset would cause to the Guaranteed Amount
and the Maximum Annual Withdrawal amount; 2) whether it is important to have Maximum Annual Withdrawal amounts for life
versus the remainder of the prior Guaranteed Amount; and 3) the cost of the single life option.
Upon the first death under the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up - joint life option, the lifetime payout of
the Maximum Annual Withdrawal amount, if in effect, will continue for the life of
the surviving spouse. Upon the death of the surviving spouse, the lifetime payout of the Maximum Annual Withdrawal amount will end. However,
if the spouse's Beneficiary elects to take the annuity Death Benefit in installments over life expectancy, the Maximum Annual
Withdrawal amount will continue until the Guaranteed Amount, if any, is zero (see below for a non-spouse Beneficiary). As an alternative,
after the first death, the surviving spouse may choose to change from the joint life option to the single life option, if the surviving
spouse is under age 81. This will cause a reset of the Guaranteed Amount and the Maximum Annual Withdrawal amount. The new Guaranteed
Amount will equal the Contract Value on the date of the reset and the new Maximum Annual Withdrawal amount will be 5% of the
new Guaranteed Amount. This also starts a new 10-year period of automatic step-ups. At this time, the charge for the rider will
become the current charge in effect for the single life option. In deciding whether to make this change, the surviving spouse should
consider: 1) if the reset will cause the Guaranteed Amount and the Maximum Annual Withdrawal amount to decrease and 2) if the cost of
the single life option is less than the cost of the joint life option.
If the surviving spouse of the deceased Contractowner continues the Contract, the
remaining automatic step-ups under the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up option, will apply to the spouse as the new
Contractowner. Under the Lincoln SmartSecurity® Advantage - 5 Year Elective Step-up option, the new Contractowner is eligible to
elect to step-up the Guaranteed Amount prior to the next available step-up date; however, all other conditions for
the step-up apply and any subsequent step-up by the new Contractowner must meet all conditions for a step-up.
If a non-spouse Beneficiary elects to receive the Death Benefit in installments over
life expectancy (thereby keeping the Contract in force), the Beneficiary may continue the Lincoln SmartSecurity® Advantage if desired. Automatic step-ups under the Lincoln SmartSecurity® Advantage - 1 Year Automatic Step-up option will not continue and elective step-ups
of the Guaranteed Amount under both options will not be permitted. In the event the Contract Value declines below
the Guaranteed Amount (as adjusted for withdrawals of Death Benefit payments), the Beneficiary is assured of receiving payments equal
to the Guaranteed Amount (as adjusted). Deductions for the protected lifetime income fee will continue on a quarterly basis
and will be charged against the remaining Guaranteed Amount. Note: there are instances where the required installments of the Death Benefit,
in order to be in compliance with the Internal Revenue Code as noted above, may exceed the Maximum Annual Withdrawal amount,
thereby reducing the benefit of this rider. If there are multiple Beneficiaries, each Beneficiary will be entitled to continue
a share of the Lincoln SmartSecurity® Advantage equal to his or her share of the Death Benefit.
Impact of Divorce on Joint Life Option. In the event of a divorce, the Contractowner may change from a joint life option
to a single life option (if the Contractowner is under age 81) at the current protected lifetime
income fee of the single life option. At the time of the change, the Guaranteed Amount will be reset to the current Contract Value and
the Maximum Annual Withdrawal amount will equal 5% of this new Guaranteed Amount.
After a divorce, the Contractowner may keep the joint life option to have the opportunity
to receive lifetime payouts for the lives of the Contractowner and a new spouse. This is only available if no withdrawals were made
from the Contract after the effective date of the rider up to and including the date the new spouse is added to the rider.
Termination. After the later of the fifth Benefit Year anniversary of the effective date of the
rider or the fifth Benefit Year anniversary of the most recent Contractowner-elected step-up, including any step-up we administered
for you, of the Guaranteed Amount, the Contractowner may terminate the rider by notifying us in writing. Lincoln SmartSecurity® Advantage will automatically terminate:
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●
on the selection of an Annuity Payout option (except payments under the Guaranteed
Amount Annuity Payment Option will continue if applicable);
●
upon the election of i4LIFE® Advantage;
●
if the Contractowner or Annuitant is changed (except if the surviving Secondary Life
assumes ownership of the Contract upon death of the Contractowner) including any sale or assignment of the Contract or any
pledge of the Contract as collateral;
●
upon the last payment of the Guaranteed Amount unless the lifetime Maximum Annual
Withdrawal is in effect;
●
when the Maximum Annual Withdrawal or Contract Value is reduced to zero due to an
Excess Withdrawal; or
●
Upon termination of the underlying annuity contract.
The termination will not result in any increase in Contract Value equal to the Guaranteed
Amount. Upon effective termination of this rider, the benefits and charges within this rider will terminate.
i4LIFE® Advantage Guaranteed Income Benefit Option. Prior to May 18, 2020, Contractowners who previously elected Lincoln SmartSecurity® Advantage may decide to later carry over their Guaranteed Amount to i4LIFE® Advantage Select Guaranteed Income Benefit. The charge, Guaranteed Income Benefit percentages, Access Period requirements,
and Investment Requirements will be those that currently apply to new elections of i4LIFE® Advantage Select Guaranteed Income Benefit. This decision must be made prior to the maximum age limit and prior to the selection of an Annuity Payout option. You
cannot have both i4LIFE® Advantage and another Living Benefit Rider in effect on your Contract at the same time. These transitions
are not allowed on or after May 18, 2020.
4LATER® Advantage
4LATER® Advantage (or “4LATER®”) is a rider that protects against market loss by providing you with a method to receive a minimum payout from your annuity. The rider provides a Protected Income Base (described below)
prior to the time you begin taking payouts from your annuity. If you elected 4LATER® Advantage, you must elect i4LIFE® Advantage with the 4LATER® Guaranteed Income Benefit to receive a benefit from 4LATER® Advantage. Election of this rider may limit how much you can invest in certain Subaccounts.
See Appendix B – Investment Requirements.
4LATER® Advantage Before Payouts Begin
The following discussion applies to 4LATER® Advantage during the accumulation phase of your annuity, referred to as 4LATER®. This is prior to the time any payouts begin under i4LIFE® Advantage with the 4LATER® Guaranteed Income Benefit.
Protected Income Base. The Protected Income Base is a value established when you purchased 4LATER® and will only be used to calculate the minimum payouts available under your Contract at a later date. The Protected
Income Base is not available for withdrawals or as a Death Benefit. If you elected 4LATER® at the time you purchase the Contract, the Protected Income Base initially equals
the Purchase Payments and any Bonus Credits. If you elected 4LATER® after we issue the Contract, the Protected Income Base will initially equal the Contract Value on the 4LATER® effective date. Additional Purchase Payments automatically increase the Protected
Income Base by the amount of the Purchase Payments and any Bonus Credits. After the
first anniversary of the rider effective date, once cumulative additional Purchase Payments exceed $100,000, additional Purchase
Payments will be limited to $50,000 per Benefit Year without Servicing Office approval. Additional Purchase Payments will not be allowed
if the Contract Value is zero. Each withdrawal reduces the Protected Income Base in the same proportion as the amount withdrawn
reduces the Contract Value on the Valuation Date of the withdrawal.
As described below, during the accumulation phase, the Protected Income Base will
be automatically enhanced by 15% (adjusted for additional Purchase Payments and any Bonus Credit and withdrawals as described in
the Future Protected Income Base section below) at the end of each Waiting Period. In addition, after the Initial Waiting Period,
you may elect to reset your Protected Income Base to the current Contract Value if your Contract Value has grown beyond the 15%
enhancement. You may elect this reset on your own or you may choose to have Lincoln New York automatically reset the Protected Income
Base for you at the end of each Waiting Period. These reset options are discussed below. Then, when you are ready to elect
i4LIFE® Advantage and establish the 4LATER® Guaranteed Income Benefit, the Protected Income Base (if higher than the Contract
Value) is used in the 4LATER® Advantage Guaranteed Income Benefit calculation.
Waiting Period. The Waiting Period is each consecutive 3-year period which begins on the 4LATER® Effective Date, or on the date of any reset of the Protected Income Base to the Contract Value. At the end of each completed
Waiting Period, the Protected Income Base is increased by 15% (as adjusted for Purchase Payments, corresponding Bonus Credits,
and withdrawals) to equal the Future Protected Income Base as discussed below. The Waiting Period is also the amount of
time that must pass before the Protected Income Base can be reset to the current Contract Value. A new Waiting Period begins
after each reset and must be completed before the next 15% enhancement or another reset occurs.
Future Protected Income Base. 4LATER® provides a 15% automatic enhancement to the Protected Income Base after a 3-year
Waiting Period. This enhancement will continue every 3 years until i4LIFE® Advantage is elected, you terminate 4LATER® or you reach the Maximum Protected Income Base. See Maximum Protected Income Base. During the Waiting
Period, the Future Protected Income Base is established to provide the value of this 15% enhancement on the Protected
Income Base. After each 3-year Waiting Period is
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satisfied, the Protected Income Base is increased to equal the value of the Future
Protected Income Base. The 4LATER® charge will then be assessed on this newly adjusted Protected Income Base, but the charge rate
will not change.
Any Purchase Payment made after the 4LATER® Effective Date, but within 90 days of the contract effective date, will increase
the Future Protected Income Base by the amount of the Purchase Payment and corresponding
Bonus Credit, plus 15% of that Purchase Payment and Bonus Credit.
Example:
|
Initial Purchase Payment and corresponding Bonus Credit
|
$104,000
|
|
|
Purchase Payment and corresponding Bonus Credit 60 days later
|
$10,400
|
|
|
Protected Income Base
|
$114,400
|
|
|
Future Protected Income Base (during the 1st Waiting Period)
|
$131,560
|
($114,400 x 115%)
|
|
Protected Income Base (after 1st Waiting Period)
|
$131,560
|
|
|
New Future Protected Income Base (during 2nd Waiting Period)
|
$151,294
|
($131,560 x 115%)
|
Any Purchase Payments made after the 4LATER® Effective Date and more than 90 days after the contract effective date will increase
the Future Protected Income Base by the amount of the Purchase Payment and corresponding
Bonus Credit plus 15% of that Purchase Payment and corresponding Bonus Credit proportionately for the number of full years
remaining in the current Waiting Period.
Example:
|
Protected Income Base
|
$104,000
|
|
|
Purchase Payment and corresponding Bonus Credit in Year 2
|
$10,400
|
|
|
New Protected Income Base
|
$114,400
|
|
|
Future Protected Income Base (during 1st Waiting Period-Year 2)
|
$130,520
|
($104,000 x 115%) + ($10,400 x 100%) +
|
|
|
|
($10,400 x 15% x 1/3)
|
|
Protected Income Base (after 1st Waiting Period)
|
$130,520
|
|
|
New Future Protected Income Base (during 2nd Waiting Period)
|
$150,098
|
($130,520 x 115%)
|
Withdrawals reduce the Future Protected Income Base in the same proportion as the
amount withdrawn reduces the Contract Value on the Valuation Date of the withdrawal.
During any subsequent Waiting Periods, if you elect to reset the Protected Income
Base to the Contract Value, the Future Protected Income Base will equal 115% of the Contract Value on the date of the reset and a new
Waiting Period will begin. See Resets of the Protected Income Base to the current Contract Value below.
In all situations, the Future Protected Income Base is subject to the Maximum Protected
Income Base described below. The Future Protected Income Base is never available to the Contractowner to establish a 4LATER® Advantage Guaranteed Income Benefit, but is the value the Protected Income Base will become at the end of the Waiting Period.
Maximum Protected Income Base. The Maximum Protected Income Base is equal to 200% of the Protected Income Base on
the 4LATER® Effective Date. The Maximum Protected Income Base will be increased by 200% of any
additional Purchase Payments and corresponding Bonus Credits. In all circumstances, the Maximum Protected Income Base
can never exceed $10 million. This maximum takes into consideration the combined guaranteed amounts from any Living Benefit
Riders under all Lincoln New York contracts (or contracts issued by our affiliates) owned by you or on which you are the Annuitant.
After a reset to the current Contract Value, the Maximum Protected Income Base will
equal 200% of the Contract Value on the Valuation Date of the reset not to exceed $10 million.
Each withdrawal will reduce the Maximum Protected Income Base in the same proportion
as the amount withdrawn reduces the Contract Value on the Valuation Date of the withdrawal.
Example:
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|
Protected Income Base
|
$104,000
|
Maximum Protected Income Base
|
$208,000
|
|
Purchase Payment and corresponding Bonus
Credit in Year 2
|
$10,400
|
Increase to Maximum Protected Income Base
|
$20,800
|
|
New Protected Income Base
|
$114,400
|
New Maximum Protected Income Base
|
$228,800
|
|
Future Protected Income Base after Purchase
Payment
|
$130,520
|
Maximum Protected Income Base
|
$228,800
|
|
Protected Income Base (after 1st Waiting
Period)
|
$130,520
|
|
|
|
Future Protected Income Base (during 2nd
Waiting Period)
|
$150,098
|
Maximum Protected Income Base
|
$228,800
|
|
Contract Value in Year 4
|
$112,000
|
|
|
|
Withdrawal of 10%
|
$11,200
|
|
|
|
After Withdrawal (10% adjustment)
|
|
|
|
|
Contract Value
|
$100,800
|
|
|
|
Protected Income Base
|
$117,468
|
|
|
|
Future Protected Income Base
|
$135,088
|
Maximum Protected Income Base
|
$205,920
|
Resets of the Protected Income Base to the current Contract Value (“Resets”). You may elect to reset the Protected Income Base to the current Contract Value at any time after the initial Waiting Period following:
(a) the 4LATER® Effective Date or (b) any prior reset of the Protected Income Base. Resets are subject to a maximum of $10 million and the
Annuitant must be under age 81. You might consider resetting the Protected Income Base if your Contract Value has increased above the
Protected Income Base (including the 15% automatic enhancements) and you want to lock-in this increased amount to use when
setting the Guaranteed Income Benefit. If the Protected Income Base is reset to the Contract Value, the 15% automatic enhancement
will not apply until the end of the next Waiting Period.
This reset may be elected by sending a written request to our Servicing Office or
by specifying at the time of purchase that you would like us to administer this reset election for you. If you want us to administer this
reset for you, at the end of each 3-year Waiting Period, if the Contract Value is higher than the Protected Income Base (after the
Protected Income Base has been reset to the Future Protected Income Base), we will implement this election and the Protected Income Base
will be equal to the Contract Value on that date. We will notify you that a reset has occurred. This will continue until you elect
i4LIFE® Advantage, the Annuitant reaches age 81, or you reach the Maximum Protected Income Base. If we administer this reset election
for you, you have 30 days after the election to notify us if you wish to reverse this election and have your Protected Income Base
increased to the Future Protected Income Base instead. You may wish to reverse this election if you are not interested in the increased
charge. If the Contract Value is less than the Protected Income Base on any reset date, we will not administer this reset. We will
not attempt to administer another reset until the end of the next 3-year Waiting Period; however, you have the option to request a reset
during this period by sending a written request to our Servicing Office.
At the time of the reset, a new Waiting Period will begin. Subsequent resets may be
elected at the end of each new Waiting Period. The reset will be effective on the next Valuation Date after notice of the reset is
approved by us.
We reserve the right to restrict resets to Benefit Year anniversaries. The Benefit
Year is the 12-month period starting with the 4LATER® Effective Date and starting with each anniversary of the 4LATER® Effective Date after that. If the Contractowner elects to reset the Protected Income Base, the Benefit Year will begin on the effective date of the reset and each
anniversary of the effective date of the reset after that.
NOTE: If you plan to elect i4LIFE® Advantage within three years of the issue date of 4LATER® Advantage, you will not receive the benefit of the Future Protected Income Base.
4LATER® Guaranteed Income Benefit
When you are ready to elect i4LIFE® Advantage Regular Income Payments, the greater of the Protected Income Base accumulated
under 4LATER® or the Contract Value will be used to calculate the 4LATER® Guaranteed Income Benefit. The 4LATER® Guaranteed Income Benefit is a minimum payout floor for your i4LIFE® Advantage Regular Income Payments.
The Guaranteed Income Benefit will be determined by dividing the greater of the Protected
Income Base or Contract Value (or Guaranteed Amount if applicable) on the Periodic Income Commencement Date, by 1,000 and multiplying
the result by the rate per $1,000 from the Guaranteed Income Benefit Table in your 4LATER® rider. If the Contract Value is used to establish the 4LATER® Guaranteed Income Benefit, this rate provides a Guaranteed Income Benefit not less than 75% of
the initial i4LIFE® Advantage Regular Income Payment (which is also based on the Contract Value). If the Protected Income Base
is used to establish the Guaranteed Income Benefit (because it is larger than the Contract Value), the resulting Guaranteed Income Benefit
will be more than 75% of the initial i4LIFE® Advantage Regular Income Payment.
C-15
If the amount of your i4LIFE® Advantage Regular Income Payment (which is based on your i4LIFE® Advantage Account Value) has fallen below the 4LATER® Guaranteed Income Benefit, because of poor investment results, a payment equal to
the 4LATER® Guaranteed Income Benefit is the minimum payment you will receive. If the 4LATER® Guaranteed Income Benefit is paid, it will be paid with the same frequency as your i4LIFE® Advantage Regular Income Payment. If your Regular Income Payment is less than the
4LATER® Guaranteed Income Benefit, we will reduce your i4LIFE® Advantage Account Value by the Regular Income Payment plus an additional amount equal to the difference between your Regular Income Payment and the 4LATER® Guaranteed Income Benefit. This withdrawal from your Account Value will be made from the Subaccounts and the fixed account proportionately
according to your investment allocations.
The following example illustrates how poor investment performance, which results in
a Guaranteed Income Benefit payment, affects the i4LIFE® Account Value:
|
i4LIFE® Account Value before market decline
|
$135,000
|
|
i4LIFE® Account Value after market decline
|
$100,000
|
|
Guaranteed Income Benefit
|
$810
|
|
Regular Income Payment after market decline
|
$769
|
|
Account Value after market decline and Guaranteed Income Benefit
payment
|
$99,190
|
If your Account Value reaches zero as a result of withdrawals to provide the 4LATER® Guaranteed Income Benefit, we will continue to pay you an amount equal to the 4LATER® Guaranteed Income Benefit.
When your Account Value reaches zero, your i4LIFE® Advantage Access Period will end and the i4LIFE® Advantage Lifetime Income Period will begin. Additional amounts withdrawn from the Account Value to provide
the 4LATER® Guaranteed Income Benefit may terminate your Access Period earlier than originally scheduled and will reduce your
Death Benefit. See i4LIFE® Advantage Death Benefits. After the Access Period ends, we will continue to pay the 4LATER® Guaranteed Income Benefit for as long as the Annuitant (or the Secondary Life, if applicable) is living (i.e., the i4LIFE® Advantage Lifetime Income Period). If your Account Value equals zero, no Death Benefit will be paid.
If the market performance in your Contract is sufficient to provide Regular Income
Payments at a level that exceeds the 4LATER® Guaranteed Income Benefit, the 4LATER® Guaranteed Income Benefit will never come into effect.
The 4LATER® Advantage Guaranteed Income Benefit will automatically step-up every three years
to 75% of the then current Regular Income Payment, if that result is greater than the immediately prior 4LATER® Guaranteed Income Benefit. The step-up will occur on every third Periodic Income Commencement Date anniversary for 15 years. At the end
of a 15-year step-up period, the Contractowner may elect a new 15-year step-up period by submitting a written request to the Servicing
Office. If you prefer, when you start the Guaranteed Income Benefit, you can request that Lincoln New York administer this election for
you.
Additional Purchase Payments cannot be made to your Contract after the Periodic Income
Commencement Date. The 4LATER® Guaranteed Income Benefit is reduced by withdrawals (other than Regular Income Payments) in
the same proportion that the withdrawals reduce the Account Value. You may want to discuss the impact of additional withdrawals
with your registered representative.
Termination. After the later of the third anniversary of the 4LATER® rider Effective Date or the most recent Reset, the 4LATER® rider may be terminated upon written notice to us. Prior to the Periodic Income Commencement
Date, 4LATER® will automatically terminate upon any of the following events:
●
termination of the Contract to which the 4LATER® rider is attached;
●
the change of or the death of the Annuitant (except if the surviving spouse assumes
ownership of the Contract and the role of the Annuitant upon death of the Contractowner); or
●
the change of Contractowner (except if the surviving spouse assumes ownership of the
Contract and the role of Annuitant upon the death of the Contractowner), including the assignment of the Contract; or
●
the last day that you can elect i4LIFE® Advantage (age 85 for qualified contracts and age 99 for nonqualified contracts).
After the Periodic Income Commencement Date, the 4LATER® rider will terminate due to any of the following events:
●
the death of the Annuitant (or for nonqualified contracts,, the later of the death
of the Annuitant or Secondary Life if a joint payout was elected); or
●
a Contractowner requested decrease in the Access Period or a change to the Regular
Income Payment frequency.
A termination due to a decrease in the Access Period, a change in the Regular Income
Payment frequency, or upon written notice from the Contractowner will be effective as of the Valuation Date on the next Periodic
Income Commencement Date anniversary. Termination will be only for the 4LATER® Guaranteed Income Benefit and not the i4LIFE® Advantage election, unless otherwise specified.
If you terminate the 4LATER® rider on or after the Periodic Income Commencement Date, you cannot re-elect it.
C-16
i4LIFE® Advantage Guaranteed Income Benefit
The Guaranteed Income Benefit is an optional benefit that was available for an additional
charge. It provides that your Regular Income Payments will never be less than a minimum payout floor, regardless of the actual
investment performance of your Contract. i4LIFE® Advantage Guaranteed Income Benefit is only available if you are transitioning to
Guaranteed Income Benefit from a Prior Rider.
You will be required to adhere to Investment Requirements, which will limit your ability
to invest in certain Subaccounts offered in your Contract. In addition, the fixed account is not available except for use with dollar cost averaging. See Appendix B – Investment Requirements for more information. You will be subject to those Investment Requirements for the entire time you own the rider. Failure to comply with the Investment Requirements will result in the termination
of the rider.
There is no guarantee that any version of i4LIFE® Advantage Guaranteed Income Benefit will be available to elect in the future, as we reserve the right to discontinue this option at any time. In addition, we may
make different versions of the Guaranteed Income Benefit available to new purchasers or may create different versions for use
with various Living Benefit Riders. However, certain Living Benefit Riders may guarantee a Contractowner the right to transition
from that Prior Rider to a version of i4LIFE® Advantage Guaranteed Income Benefit that may no longer be offered. The transition
rules are set forth below.
The total annual Guaranteed Income Benefit that would otherwise be payable may be
subject to a maximum amount. Please refer to your Contract or contact your registered representative for more information.
Guaranteed Income Benefit Amount. For Select Guaranteed Income Benefit, the initial Guaranteed Income Benefit will be
an amount equal to a specified percentage of your Account Value, based on your age (or the age of the younger life under a joint life option) at the time the Guaranteed Income Benefit is elected or if transitioning from a Prior Rider, the date of the first Regular Income Payment.
The following is an example of how the Guaranteed Amount from Lincoln SmartSecurity® Advantage may be used to calculate the i4LIFE® Advantage Guaranteed Income Benefit. The example assumes that a 4.5% Guaranteed Income
Benefit percentage is used to calculate the initial Guaranteed Income Benefit.
|
Account Value (equals Contract Value on the date i4LIFE®
Advantage Guaranteed Income Benefit is elected)
|
$100,000
|
|
|
Guaranteed Amount on the date i4LIFE® Advantage Guaranteed
Income Benefit is elected:
|
$140,000
|
|
|
Initial Regular Income Payment
|
$5,411
|
|
|
Initial Guaranteed Income Benefit (4.5% x $140,000 Guaranteed
Amount which is greater than $100,000 Account Value)
|
$6,300
|
|
There are five versions of the Guaranteed Income Benefit. Guaranteed Income Benefit
(version 1) is no longer available for election. Guaranteed Income Benefit (version 2, 3, and 4) and Select Guaranteed Income Benefit
may only be elected if you own a Living Benefit Rider that guarantees you the right to elect that version. A Contractowner with Lincoln Lifetime IncomeSM Advantage who decides to transition to i4LIFE® Advantage Guaranteed Income Benefit will be guaranteed the right to purchase the
Guaranteed Income Benefit under the terms set forth in the Lincoln Lifetime IncomeSM Advantage rider. Please refer to your Living Benefit Rider regarding the availability of prior versions of Guaranteed Income Benefit.
For Guaranteed Income Benefit (version 4), the initial Guaranteed Income Benefit will
be an amount equal to a specified percentage of your Account Value (or Lincoln Lifetime IncomeSM Advantage Guaranteed Amount), based on your age (or the age of the younger life under a joint life option) at the time the Guaranteed Income Benefit is elected.
For Guaranteed Income Benefit (version 2 and 3), the Guaranteed Income Benefit is
initially equal to 75% of the Regular Income Payment (which is based on your Account Value) in effect at the time the Guaranteed Income
Benefit is elected.
Guaranteed Income Benefit Percentages and Age-Bands. The specific percentages and applicable age-bands for calculating the initial Guaranteed Income Benefit are discussed below.
The initial Guaranteed Income Benefit percentages applicable to new rider elections
are determined in our sole discretion based on current economic factors including interest rates and equity market volatility. Generally,
the percentages may increase or decrease based on changes in equity market volatility, prevailing interest rates, or as a result
of other economic conditions. This percentage structure is intended to help us provide the guarantees under the rider. The initial
Guaranteed Income Benefit percentages for new rider elections may be higher or lower than prior percentages, but for existing Contractowners
that have elected the rider, your Guaranteed Income Benefit percentages will not change as a result.
Select Guaranteed Income Benefit. Select Guaranteed Income Benefit was available for purchase prior to May 18, 2020.
The Guaranteed Income Benefit percentages that were applicable at the time you elected your rider were set forth in a supplement to this prospectus, called a Rate Sheet. The Rate Sheet indicates the Guaranteed Income
Benefit percentages and the date by which your application or rider election form had to be signed and dated for a rider to be issued with those percentages. Guaranteed Income Benefit percentages for previous effective periods are included in an Appendix
to this prospectus.
C-17
Guaranteed Income Benefit (version 4). Guaranteed Income Benefit (version 4) was available for purchase prior to October
5, 2016. For Guaranteed Income Benefit (version 4), the initial Guaranteed Income Benefit
will be an amount equal to a specified percentage of your Account Value (or Guaranteed Amount as applicable), based on your
age (or the age of the younger life under a joint life option) at the time the Guaranteed Income Benefit is elected. The
specified percentages and the corresponding age bands for calculating the Guaranteed Income Benefit under Guaranteed Income Benefit
(version 4) are outlined in an Appendix to this prospectus. Guaranteed Income Benefit (version 4) is only available for purchase
if you are guaranteed the right to elect a prior version under a Prior Rider.
Guaranteed Income Benefit General Provisions
For all versions of the Guaranteed Income Benefit, if the amount of your i4LIFE® Advantage Regular Income Payment has fallen below the Guaranteed Income Benefit, because of poor investment results, a payment equal
to the i4LIFE® Advantage Guaranteed Income Benefit is the minimum payment you will receive. If the market performance in your
Contract is sufficient to provide Regular Income Payments at a level that exceeds the Guaranteed Income Benefit, the Guaranteed Income
Benefit will never come into effect. If the Guaranteed Income Benefit is paid, it will be paid with the same frequency as your
Regular Income Payment. If your Regular Income Payment is less than the Guaranteed Income Benefit, we will reduce the Account Value
by the Regular Income Payment plus an additional amount equal to the difference between your Regular Income Payment and the Guaranteed
Income Benefit (in other words, Guaranteed Income Benefit payments reduce the Account Value by the entire amount of
the Guaranteed Income Benefit payment). This payment will be made from the variable Subaccounts proportionately, according
to your investment allocations.
If your Account Value reaches zero as a result of payments to provide the Guaranteed
Income Benefit, we will continue to pay you an amount equal to the Guaranteed Income Benefit. If your Account Value reaches zero,
your Access Period will end and your Lifetime Income Period will begin. Additional amounts withdrawn from the Account Value to provide
the Guaranteed Income Benefit may terminate your Access Period earlier than originally scheduled, and will reduce your Death
Benefit. If your Account Value equals zero, no Death Benefit will be paid. See i4LIFE® Advantage Death Benefits below. After the Access Period ends, we will continue to pay the Guaranteed Income Benefit for as long as the Annuitant (or the Secondary Life, if
applicable) is living.
The following example illustrates how poor investment performance, which results in
a Guaranteed Income Benefit payment, affects the i4LIFE® Account Value:
|
i4LIFE® Account Value before market decline
|
$135,000
|
|
i4LIFE® Account Value after market decline
|
$100,000
|
|
Monthly Guaranteed Income Benefit
|
$810
|
|
Monthly Regular Income Payment after market decline
|
$769
|
|
Account Value after market decline and Guaranteed Income Benefit
payment
|
$99,190
|
The Contractowner receives an amount equal to the Guaranteed Income Benefit. The entire
amount of the Guaranteed Income Benefit is deducted from the Account Value.
Guaranteed Income Benefit Step-ups
Select Guaranteed Income Benefit and Guaranteed Income Benefit (version 4). The Guaranteed Income Benefit will automatically step up every year to 75% of the current Regular Income Payment, if that result is
greater than the immediately prior Guaranteed Income Benefit. For nonqualified contracts, the step-up will occur annually on the
first Valuation Date on or after each Periodic Income Commencement Date anniversary starting on the first Periodic Income Commencement Date
anniversary. For qualified contracts, the step-up will occur annually on the first Valuation Date of the first periodic income
payment of each calendar year.
The following example illustrates how the initial Guaranteed Income Benefit is calculated
for a Contractowner with a nonqualified contract, and how a step-up would increase the Guaranteed Income Benefit in a subsequent year.
The example assumes a 3.5% percentage was used to calculate the Guaranteed Income Benefit, and that the Account Value has
increased due to positive investment returns resulting in a higher recalculated Regular Income Payment. See “Regular Income Payments during the Access Period” in this prospectus for a discussion of recalculation of the Regular Income Payment.
|
8/1/2026 Amount of initial Regular Income Payment
|
$4,801
|
|
8/1/2026 Account Value at election of Guaranteed Income Benefit (version 4)
|
$100,000
|
|
8/1/2026 Initial Guaranteed Income Benefit (3.5% x $100,000 Account Value)
|
$3,500
|
|
8/1/2027 Recalculated Regular Income Payment
|
$6,000
|
|
8/1/2027 Guaranteed Income Benefit after step-up (75 % of $6,000)
|
$4,500
|
The Guaranteed Income Benefit was increased to 75% of the recalculated Regular Income
Payment.
C-18
The next section describes any differences in how the Guaranteed Income Benefit works
for Guaranteed Income Benefit (version 3), Guaranteed Income Benefit (version 2) and Guaranteed Income Benefit (version 1).
All other features of the Guaranteed Income Benefit not discussed below are the same as in General Provisions above.
Guaranteed Income Benefit (version 3). Guaranteed Income Benefit (version 3) was available for purchase on or after January
20, 2009 to December 31, 2010 (unless version 3 is available for election at any time
per the terms of your Living Benefit Rider) on contracts purchased prior to June 30, 2009. For Guaranteed Income Benefit (version 3) the Guaranteed
Income Benefit is initially equal to 75% of the Regular Income Payment (which is based on your Account Value as defined
in the i4LIFE® Advantage rider section) in effect at the time of the first Regular Income Payment.
The Guaranteed Income Benefit will automatically step up every year to 75% of the
current Regular Income Payment, if that result is greater than the immediately prior Guaranteed Income Benefit. The step-up will occur
on every Periodic Income Commencement Date anniversary during a 5-year step-up period. At the end of a step-up period you may
elect a new step-up period by submitting a written request to the Servicing Office. If you prefer, when you start the Guaranteed Income
Benefit, you can request that we administer this election for you.
Guaranteed Income Benefit (version 2). Guaranteed Income Benefit (version 2) was available for election prior to January
20, 2009 (unless version 2 is available for election at any time per the terms of a Living
Benefit Rider). For Guaranteed Income Benefit (version 2) the Guaranteed Income Benefit is initially equal to 75% of the Regular Income Payment
(which is based on your Account Value as defined in the i4LIFE® Advantage rider section) in effect at the time of the first Regular Income Payment.
The Guaranteed Income Benefit will automatically step-up every three years on the
Periodic Income Commencement Date anniversary to 75% of the current Regular Income Payment, if the result is greater than the immediately
prior Guaranteed Income Benefit. The step-up will occur on every third Periodic Income Commencement Date anniversary during
a 15-year step-up period. At the end of a step-up period, you may elect a new 15-year step-up period by submitting a written
request to the Servicing Office. If you prefer, when you start the Guaranteed Income Benefit, you can request that we administer this
election for you.
Guaranteed Income Benefit (version 1). If you have Guaranteed Income Benefit (version 1), your Guaranteed Income Benefit
will not step-up on an anniversary, but will remain level. This version is no longer available
for election.
The next section describes certain guarantees in Living Benefit Riders relating to
the election of the Guaranteed Income Benefit.
C-19
Appendix D — Guaranteed Income Benefit Percentages for Previous Rider Elections
i4LIFE® Advantage Select Guaranteed Income Benefit elections for applications and/or rider
election forms signed between November 18, 2019 and May 18, 2020
|
Single Life Option
|
Joint Life Option**
|
||
|
Age
|
GIB Percentage*
|
Age
(younger of you and
your spouse’s age)
|
GIB Percentage*
|
|
Under age 40
|
2.50%
|
Under age 40
|
2.50%
|
|
40 – 54
|
3.00%
|
40 – 54
|
2.75%
|
|
55 – 58
|
3.25%
|
55 – 58
|
3.00%
|
|
59 – 64
|
3.75%
|
59 – 64
|
3.50%
|
|
65 – 69
|
4.25%
|
65 – 69
|
4.00%
|
|
70 – 74
|
5.00%
|
70 – 74
|
4.25%
|
|
75 – 79
|
5.00%
|
75 – 79
|
4.75%
|
|
80+
|
5.25%
|
80+
|
5.00%
|
*If joint life option is in effect, the younger of you and your spouse’s age applies.
i4LIFE® Advantage Select Guaranteed Income Benefit elections between October 3, 2016 and
November 17, 2019.
|
Single & Joint Life Option**
|
Single & Joint Life Option**
|
|
Age
|
GIB Percentage*
|
|
Under age 40
|
2.50%
|
|
40 – 54
|
3.00%
|
|
55 – 58
|
3.50%
|
|
59 – 64
|
4.00%
|
|
65 – 69
|
4.50%
|
|
70 – 79
|
5.00%
|
|
80+
|
5.50%
|
*In order to have received the percentage indicated, your rider election form must
have been signed or dated on or before the last day of the effective period noted
above.
**If joint life option is in effect, the younger of you and your spouse’s age applies.
i4LIFE® Advantage Guaranteed Income Benefit (version 4) elections on or after May 20, 2013.
|
Single Life Option
|
Joint Life Option
|
||
|
Age
|
Percentage of Account
Value, Protected Income Base or
Guaranteed Amount
|
Age
(younger of you and
your spouse’s age)
|
Percentage of Account
Value, Protected Income Base or
Guaranteed Amount
|
|
Under age 40
|
2.00%
|
Under age 40
|
2.00%
|
|
40 – 54
|
2.50%
|
40 – 54
|
2.50%
|
|
55 – 58
|
3.00%
|
55 – 58
|
3.00%
|
|
59 – 64
|
3.50%
|
59 – 69
|
3.50%
|
|
65 – 69
|
4.00%
|
70 – 74
|
4.00%
|
|
70 – 74
|
4.50%
|
75+
|
4.50%
|
|
75+
|
5.00%
|
|
|
D-1
i4LIFE® Advantage Guaranteed Income Benefit (version 4) elections between May 21, 2012 and
May 19, 2013.
|
Single & Joint Life Option*
|
Single & Joint Life Option*
|
|
Age
|
Percentage of Account
Value, Protected Income Base or
Guaranteed Amount
|
|
Under age 40
|
2.00%
|
|
40 – 54
|
2.50%
|
|
55 – 58
|
3.00%
|
|
59 – 64
|
3.50%
|
|
65 – 69
|
4.00%
|
|
70 – 74
|
4.50%
|
|
75+
|
5.00%
|
*
If joint life option is in effect, the younger of you and your spouse’s age applies.
i4LIFE® Advantage Guaranteed Income Benefit (version 4) elections prior to May 21, 2012.
|
Single & Joint Life Option*
|
Single & Joint Life Option*
|
|
Age
|
Percentage of Account
Value, Protected Income Base or
Guaranteed Amount
|
|
Under age 40
|
2.50%
|
|
40 – 54
|
3.00%
|
|
55 – 58
|
3.50%
|
|
59 – 64
|
4.00%
|
|
65 – 69
|
4.50%
|
|
70 – 79
|
5.00%
|
|
80+
|
5.50%
|
*
If joint life option is in effect, the younger of you and your spouse’s age applies.
D-2
The SAI includes additional information about the Contract, Lincoln New York, and
the VAA, and is incorporated by reference in this prospectus. The SAI is dated the same date as this prospectus. We will provide the
SAI without charge upon request. You may obtain a free copy of the SAI and submit inquiries by:
●
Mailing: Lincoln Life & Annuity Company of New York, PO Box 2348, Fort Wayne, IN 46801-2348
●
Visiting: www.lfg.com/VAprospectus
●
Emailing: [email protected]
●
Calling: 1-800-942-5500
You may also obtain reports and other information about the VAA on the SEC’s website at www.sec.gov, and copies of this information may be obtained, upon payment of a duplicating fee, by electronic request at the
following email address: [email protected]. The SEC file numbers and the Contract’s contract identifier number are listed below.
333-141761; 811-08441
EDGAR Contract Identifier:
C000049428
STATEMENT OF ADDITIONAL INFORMATION (SAI)
Dated May 1, 2026
Relating to Prospectus Dated May 1, 2026 for
Relating to Prospectus Dated May 1, 2026 for
American Legacy III® Plus
Lincoln Life & Annuity Variable Annuity Account H, Registrant
Lincoln Life & Annuity Company of New York, Depositor
The SAI provides you with additional information about Lincoln New York, the VAA,
and your Contract. It is not a prospectus.
A copy of the product prospectus dated May 1, 2026, may be obtained without a charge by writing to the Servicing Office: Lincoln New York Customer Service, Lincoln Life & Annuity Company of New York, PO Box 2348,
Fort Wayne, IN 46801-2348, by calling: 1-800-942-5500, or by emailing: [email protected] and requesting a copy
of the American Legacy III® Plus product prospectus.
TABLE OF CONTENTS OF THE SAI
|
Contents
|
Page
|
|
B-4
|
|
|
B-4
|
|
|
B-4
|
|
|
B-5
|
|
|
B-5
|
|
|
B-5
|
|
|
B-6
|
Special Terms
The special terms used in this SAI are the ones defined in the prospectus.
General Information and History
Lincoln Life & Annuity Company of New York
Depending on when you purchased your Contract, you may be permitted to make allocations
to the fixed account, which is part of our general account. See The Fixed Side of the Contract. In addition, any guarantees
under the Contract that exceed your Contract Value, such as those associated with Death Benefit options and Living Benefit Riders, are paid from our general account (not the VAA). Therefore, any amounts that we may pay under the Contract in excess
of Contract Value are subject to our financial strength and claims-paying ability and our long-term ability to make such payments.
We issue other types of insurance policies and financial products as well. In addition
to any amounts we are obligated to pay in excess of Contract Value under the contracts, we also pay our obligations under these products
from our assets in the general account. Moreover, unlike assets held in the VAA, the assets of the general account are subject
to the general liabilities of the Company and, therefore, to the Company’s general creditors. In the event of an insolvency or receivership, payments we make from our general account to satisfy claims under the contract would generally receive the same priority
as our other Contractowner obligations.
The general account is not segregated or insulated from the claims of the insurance company’s creditors. Investors look to the financial strength of the insurance companies for these insurance guarantees. Therefore,
guarantees provided by the insurance company as to benefits promised in the prospectus are subject to the claims paying
ability of the insurance company and are subject to the risk that the insurance company may not be able to cover or may default
on its obligations under those guarantees.
Our Financial Condition. Among the laws and regulations applicable to us as an insurance company are those which regulate the investments we can make with assets held in our general account. In general, those
laws and regulations determine the amount and type of investments which we can make with general account assets.
In addition, state insurance regulations require that insurance companies calculate
and establish on their financial statements, a specified amount of reserves in order to meet the contractual obligations to pay the claims
of our Contractowners. In order to meet our claims-paying obligations, we regularly monitor our reserves to ensure we hold sufficient
amounts to cover actual or expected contract and claims payments. However, it is important to note that there is no guarantee
that we will always be able to meet our claims paying obligations, and that there are risks to purchasing any insurance product.
State insurance regulators also require insurance companies to maintain a minimum
amount of capital in excess of liabilities, which acts as a cushion in the event that the insurer suffers a financial impairment, based on the inherent risks in the insurer’s operations. These risks include those associated with losses that we may incur as the result of
defaults on the payment of interest or principal on assets held in our general account, which include bonds, mortgages, general real estate
investments, and stocks, as well as the loss in value of these investments resulting from a loss in their market value.
How to Obtain More Information. We encourage both existing and prospective Contractowners to read and understand our financial statements. We prepare our financial statements on both a statutory basis and according
to Generally Accepted Accounting Principles (GAAP). Our audited GAAP financial statements, as well as the financial statements
of the VAA, are incorporated by reference into this SAI. See Financial Statements below. You may obtain our audited statutory financial statements and any unaudited statutory
financial statements that may be available by visiting our website at www.LincolnFinancial.com.
You also will find on our website information on ratings assigned to us by one or
more independent rating organizations. These ratings are opinions of an operating insurance company’s financial capacity to meet the obligations of its insurance and annuity contracts based on its financial strength and/or claims-paying ability.
Variable Annuity Account (VAA)
For general information and history about the VAA, see The Contracts in the prospectus. The VAA is used to support other annuity contracts offered by us in addition to the Contracts described in this prospectus. The other annuity contracts supported by the VAA generally invest in the same funds as the Contracts described in this prospectus. These other annuity contracts may have different charges that could affect the performance of their Subaccounts, and they offer different
benefits.
Investment Results
At times, the VAA may compare its investment results to various unmanaged indices
or other variable annuities in reports to shareholders, sales literature and advertisements. The results will be calculated on a total return
basis for various periods, with or without surrender charges. Results calculated without surrender charges will be higher. Total
returns include the reinvestment of all distributions, which are reflected in changes in unit value.
B-2
There can be no assurance that a money market fund will be able to maintain a stable
net asset value of $1.00 per share. During periods of low interest rates, the yield of a money market fund may become extremely low
and possibly negative. In addition, if the yield of a Subaccount investing in a money market fund becomes negative, due in part to
contract fees and expenses, your Contract Value may decline. An investment in a money market fund is not insured or guaranteed by
the Federal Deposit Insurance Corporation or any other government agency. The sponsor of a money market fund has no legal obligation
to provide financial support to the fund, and you should not expect that the sponsor will provide financial support to the fund
at any time. If, under SEC rules, a money market fund institutes a liquidity fee, we may assess the fee against your Contract Value if a
payment is made to you from a Subaccount investing in the money market fund.
The annual performance of the Subaccounts is based on past performance and does not
indicate or represent future performance.
Non-Principal Risks of Investing In The Contract
Opportunity Cost. Principal amounts committed to an annuity contract are only available to choose from
investment options available in the Contract, potentially causing you an opportunity cost.
Dying early. If you die earlier than expected, your designated beneficiary may not receive the
full benefit of the future payments.
Divorce. If you get divorced, you could forfeit some or all of the value of your annuity to
your former spouse.
Affiliated Funds. We may have incentive to select affiliated funds because we receive more revenue from
an affiliated fund than a non-affiliated fund.
Fund of Funds. In some fund of funds (or master-feeder) arrangements, you may pay fees and expenses
at both fund levels, which can reduce your investment return.
Services
Independent Registered Public Accounting Firm
Ernst & Young LLP, independent registered public accounting firm, One Commerce Square,
2005 Market Street, Suite 700, Philadelphia, Pennsylvania, 19103, has audited a) the financial statements of each of the subaccounts
listed in the appendix to the opinion that comprise Lincoln Life & Annuity Variable Annuity Account H, as of December 31,
2025, the related statements of operations and the statements of changes in net assets for each of the periods indicated in the appendix
to the opinion; and b) the financial statements of Lincoln Life & Annuity Company of New York as of December 31, 2025 and 2024 and for each of the three years in the period ended December 31, 2025 as set forth in their reports, which are included in this SAI and Registration Statement.
The aforementioned financial statements are included herein in reliance on Ernst & Young LLP's reports,
given on their authority as experts in accounting and auditing.
Keeper of Records
All accounts, books, records and other documents which are required to be maintained
for the VAA are maintained by us or by third parties responsible to Lincoln New York. We have entered into an agreement with State
Street Bank and Trust Company, 2323 Grand Boulevard, 5th Floor, Kansas City, MO 64108, to provide accounting services to the VAA. No separate
charge against the assets of the VAA is made by us for this service. Administrative services necessary for the operations
of the VAA and the contracts are currently provided by Lincoln Life. However, neither the assets of Lincoln Life nor the assets
of LNC support the obligation of Lincoln New York under the contracts.
Purchase of Securities Being Offered
The variable annuity contracts are offered to the public through licensed insurance
agents who specialize in selling our products; through independent insurance brokers; and through certain securities brokers/dealers
selected by us whose personnel are legally authorized to sell annuity products. There are no special purchase plans for any class
of prospective buyers. However, under certain limited circumstances described in the prospectus under the section Charges and Other
Deductions, any applicable account fee and/or surrender charge may be reduced or waived.
Both before and after the Annuity Commencement Date, there are exchange privileges
between Subaccounts, and from the VAA to the general account (if available) subject to restrictions set out in the prospectus.
See The Contracts, in the prospectus. No exchanges are permitted between the VAA and other separate accounts.
The offering of the contracts is continuous.
B-3
Principal Underwriter
Lincoln Financial Distributors, Inc., (“LFD”) is a wholly owned subsidiary of Lincoln National Corporation and an affiliate of
Lincoln New York as a result of common control. LFD serves as the principal underwriter (the “Principal Underwriter”) for the Contracts, as described in the prospectus. The Principal Underwriter currently offers, and expects
to continue offering, the contracts to the public on a continuous basis but reserves the right to discontinue offering the contracts
at any time. Prior to May 6, 2024, the Principal Underwriter offered the contracts through sales representatives who were registered
with either Lincoln Financial Advisors Corporation (“LFA”) or Lincoln Financial Securities Corporation (“LFN”) (collectively “LFN”), each an affiliate of LFD. The Principal Underwriter has also entered into selling agreements with other broker-dealers (“Selling Firms”) for the sale of the contracts. Sales representatives who are registered with Selling Firms are appointed as our insurance agents. LFD,
in its capacity as Principal Underwriter, paid to LFN and Selling Firms, sales compensation totaling $6,648,318 in 2023, $5,951,899 in 2024 and $5,838,680 in 2025, in connection with all of the contracts offered under the VAA. The Principal Underwriter retained no
underwriting commissions for the sale of the contracts. LFD maintains its principal place of business at 130 North Radnor Chester Road, Radnor,
Pennsylvania 19087.
Contract Information
Additional Services
Dollar Cost Averaging (DCA)—You may systematically transfer, on a monthly basis or in accordance with other terms
we make available, amounts from certain Subaccounts, or the fixed side (if available) of the
contract into the Subaccounts or in accordance with other terms we make available. You may elect to participate in the DCA program
at the time of application or at any time before the Annuity Commencement Date by completing an election form available from us. The
minimum amount to be dollar cost averaged is $1,500 over any time period between six and 60 months. Once elected, the program
will remain in effect until the earlier of:
●
the Annuity Commencement Date;
●
the value of the amount being DCA'd is depleted; or
●
you cancel the program by written request or by telephone if we have your telephone
authorization on file.
We reserve the right to discontinue or restrict access to this program at any time.
A transfer made as part of this program is not considered a transfer for purposes
of limiting the number of transfers that may be made, or assessing any charges which may apply to transfers. Upon receipt of an additional
Purchase Payment allocated to the DCA fixed account, the existing program duration will be extended to reflect the end date
of the new DCA program. However, the existing interest crediting rate will not be extended. The existing interest crediting rate
will expire at its originally scheduled expiration date and the value remaining in the DCA account from the original amount as well as any additional
Purchase Payments will be credited with interest at the standard DCA rate at the time. DCA does not assure a profit or protect
against loss.
Automatic Withdrawal Service (AWS)—AWS provides an automatic, periodic withdrawal of Contract Value to you. AWS may take
place on either a monthly, quarterly, semi-annual or annual basis, as selected by
the Contractowner. You may elect to participate in AWS at the time of application or at any time before the Annuity Commencement Date
by sending a written request to us. The minimum Contract Value required to establish AWS is $10,000. You may cancel or make changes
to your AWS program at any time by sending a written request to us. If telephone authorization has been elected, certain
changes may be made by telephone. Notwithstanding the requirements of the program, any withdrawal must be permitted under Section 401(a)(9)
of the IRC for qualified plans or permitted under Section 72 of the IRC for nonqualified contracts. To the extent that
withdrawals under AWS do not qualify for an exemption from the contingent deferred sales charge, we will assess any applicable
surrender charges on those withdrawals. See Surrender Charge.
Cross Reinvestment Program/Earnings Sweep Program — Under this option, Account Value in a designated variable Subaccount of the contract that exceeds a certain baseline amount is automatically transferred to
another specific variable Subaccount(s) of the contract at specific intervals. You may elect to participate in the cross reinvestment program
at the time of application or at any time before the Annuity Commencement Date by sending a written request to us or by telephone
if we have your telephone authorization on file. You designate the holding account, the receiving account(s), and the baseline
amount. Cross reinvestment will continue until we receive authorization to terminate the program.
The minimum holding Account Value required to establish cross-reinvestment is $10,000. A transfer under this program is not considered a transfer for purposes of limiting the number of transfers that may be made. We reserve the right to discontinue this service at any time.
The minimum holding Account Value required to establish cross-reinvestment is $10,000. A transfer under this program is not considered a transfer for purposes of limiting the number of transfers that may be made. We reserve the right to discontinue this service at any time.
Portfolio Rebalancing — Portfolio rebalancing is an option, which, if elected by the Contractowner, restores to a pre-determined level the percentage of the Contract Value (or Account Value under i4LIFE® Advantage), allocated to each variable Subaccount. This pre-determined level will be the allocation initially selected when the Contract was purchased,
unless subsequently changed. The portfolio rebalancing allocation may be changed at any time by submitting a written request
to us. If portfolio rebalancing is elected, all Purchase Payments allocated to the variable Subaccounts must be subject to portfolio rebalancing.
Portfolio rebalancing may take place
B-4
on either a monthly, quarterly, semi-annual or annual basis, as selected by the Contractowner.
The Contractowner may terminate the portfolio rebalancing program or re-enroll at any time by sending a written request
to us. If telephone authorization has been elected, the Contractowner may make these elections by phone. The portfolio rebalancing program
is not available following the Annuity Commencement Date.
Please note that all of the services discussed in this section will stop once we become
aware of a pending death claim.
SecureLine® Account – SecureLine® is an interest bearing draft account established from the proceeds payable on a Contract
administered by us that helps you manage your surrender or death benefit proceeds. You are the
owner of the account, and are the only one authorized to transfer proceeds from the account. You may choose to leave the proceeds
in this account, or you may use the checkbook we previously provided and write checks against the account until the funds are depleted.
The SecureLine® account is part of our general account. It is not a bank account and it is not insured by the FDIC or
any other government agency. As part of our general account, it is subject to the claims of our creditors. We receive a benefit from all
amounts left in the SecureLine® account.
Interest credited in the SecureLine® account is taxable as ordinary income in the year such interest is credited, and is
not tax deferred. We recommend that you consult your tax advisor to determine the tax consequences associated
with the payment of interest on amounts in the SecureLine® account. The balance in your SecureLine® account began earning interest the day your account was opened and will continue to earn interest until all funds are withdrawn. Interest
is compounded daily and credited to your account on the last day of each month. The interest rate will be updated monthly and we may increase
or decrease the rate at our discretion. The interest rate credited to your SecureLine® account may be more or less than the rate earned on funds held in our general account.
The interest rate offered with a SecureLine® account is not necessarily that credited to the fixed account. There are no monthly
fees. You may be charged a fee if you stop a payment or if you present a check for payment without
sufficient funds.
Other Information
Due to differences in redemption rates, tax treatment or other considerations, the
interests of policyholders under the variable life accounts could conflict with those of Contractowners under the VAA. In those cases,
where assets from variable life and variable annuity separate accounts are invested in the same fund(s) (i.e., where mixed funding
occurs), the Boards of Directors of the fund involved will monitor for any material conflicts and determine what action, if any,
should be taken. If it becomes necessary for any separate account to replace shares of any fund with another investment, that fund
may have to liquidate securities on a disadvantageous basis. Refer to the prospectus for each fund for more information about mixed funding.
Determination of Accumulation and Annuity Unit Value
A description of the days on which Accumulation and Annuity Units will be valued is
given in the prospectus. The New York Stock Exchange's (NYSE) most recent announcement (which is subject to change) states that
it will be closed on weekends and on these holidays: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial
Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. If any of these holidays occurs on a weekend
day, the Exchange may also be closed on the business day occurring just before or just after the holiday. It may also be closed
on other days.
Since the portfolios of some of the funds and series will consist of securities primarily
listed on foreign exchanges or otherwise traded outside the United States, those securities may be traded (and the net asset
value of those funds and series and of the variable account could therefore be significantly affected) on days when the investor has no
access to those funds and series.
Annuity Payments
Variable Annuity Payouts
Variable Annuity Payouts will be determined on the basis of:
●
the dollar value of the Contract on the Annuity Commencement Date less any applicable
premium tax (and less any surrender charges on purchase payments in the contract for less than 12 months if bonus credits
applied to the purchase payments);
●
the annuity tables contained in the Contract;
●
the type of annuity option selected; and
●
the investment results of the fund(s) selected.
In order to determine the amount of variable Annuity Payouts, we make the following
calculation:
●
first, we determine the dollar amount of the first payout;
●
second, we credit the Contract with a fixed number of Annuity Units based on the amount
of the first payout; and
●
third, we calculate the value of the Annuity Units each period thereafter.
These steps are explained below.
B-5
The dollar amount of the first periodic variable Annuity Payout is determined by applying
the total value of the Accumulation Units credited under the Contract valued as of the Annuity Commencement Date (less any premium
taxes) to the annuity tables contained in the Contract. The first variable Annuity Payout will be paid 14 days after the Annuity
Commencement Date. This day of the month will become the day on which all future Annuity Payouts will be paid. Amounts shown in
the tables are based on the 1983 “a” Individual Annuity Mortality Tables modified, with an assumed investment return at the rate of
3%, 4% or 5% per annum, depending on the terms of your Contract. The first Annuity Payout is determined by multiplying the
benefit per $1,000 of value shown in the contract tables by the number of thousands of dollars of value accumulated under the Contract.
These annuity tables vary according to the form of annuity selected and the age of the Annuitant at the Annuity Commencement
Date. The assumed interest rate is the measuring point for subsequent Annuity Payouts. If the actual net investment rate (annualized)
exceeds the assumed interest rate, the payout will increase at a rate equal to the amount of such excess.
Conversely, if the actual rate is less than the assumed interest rate, Annuity Payouts
will decrease. If the assumed rate of interest were to be increased, Annuity Payouts would start at a higher level but would decrease
more rapidly or increase more slowly.
We may use sex-distinct annuity tables in contracts that are not associated with employer
sponsored plans and where not prohibited by law.
At an Annuity Commencement Date, the Contract is credited with Annuity Units for each
Subaccount on which variable Annuity Payouts are based. The number of Annuity Units to be credited is determined by dividing the
amount of the first periodic payout by the value of an Annuity Unit in each Subaccount selected. Although the number of Annuity
Units is fixed by this process, the value of such units will vary with the value of the underlying fund. The amount of the second and
subsequent periodic payouts is determined by multiplying the Contractowner’s fixed number of Annuity Units in each Subaccount by the appropriate Annuity Unit value for the Valuation Date ending 14 days prior to the date that payout is due.
The value of each Subaccount’s Annuity Unit will be set initially at $1.00. The Annuity Unit value for each Subaccount at the end of any Valuation Date is determined by multiplying the Subaccount Annuity Unit value for
the immediately preceding Valuation Date by the product of:
●
The net investment factor of the Subaccount for the Valuation Period for which the
Annuity Unit value is being determined, and
●
A factor to neutralize the assumed investment return in the annuity table.
The value of the Annuity Units is determined as of a Valuation Date 14 days prior
to the payment date in order to permit calculation of amounts of Annuity Payouts and mailing of checks in advance of their due dates. Such
checks will normally be issued and mailed at least three days before the due date.
Financial Statements
The December 31, 2025 financial statements of the VAA and the December 31, 2025 financial statements of Lincoln New York are incorporated into this SAI by reference to the VAA’s most recent N-VPFS (“N-VPFS”) filed with the SEC by Lincoln New York on April 8, 2026.
B-6
Lincoln Life & Annuity Variable Annuity Account H
PART C - OTHER INFORMATION
Item 27. Exhibits
(b) Not applicable
(43) Variable Annuity Payment Option Rider (I4LA-NQ 8/10 NY Rev 09/02) incorporated herein
by reference to Post-Effective Amendment No. 12 (File No. 333-145531) filed on October 28, 2010.
(g)(1) Automatic Indemnity Reinsurance Agreement dated January 1, 2018, between The Lincoln
National Life Insurance Company and Lincoln National Reinsurance Company (Barbados) Limited (for LNY products) incorporated
herein by reference to Post-Effective Amendment No. 36 (File No. 333-141758) filed on April 24, 2019.
(i) Amendment No. 1 to Automatic Indemnity Reinsurance Agreement dated January 1, 2018,
between The Lincoln National Life Insurance Company and Lincoln National Reinsurance Company (Barbados)
Limited (for LNY products) incorporated herein by reference to Post-Effective Amendment No. 37 (File No. 333-141758)
filed on December 20, 2019.
(ii) Amendment No. 2 Automatic Indemnity Reinsurance Agreement dated January 1, 2018, between
The Lincoln National Life Insurance Company and Lincoln National Reinsurance Company (Barbados) Limited
incorporated herein by reference to Post-Effective Amendment No. 25 (File No. 333-186895) filed on February 11, 2021.
(i) Amendment No. 1 to Coinsurance and Modified Coinsurance Reinsurance Agreement dated
January 1, 2018 between Lincoln Life & Annuity Company of New York and The Lincoln National Life Insurance
Company incorporated herein by reference to Post-Effective Amendment No. 37 (File No. 333-141758) filed on December
20, 2019.
(ii) Amendment No. 4 to Coinsurance and Modified Coinsurance Reinsurance Agreement dated
January 1, 2018, between Lincoln Life & Annuity Company of New York and Then Lincoln National Life Insurance
Company incorporated herein by reference to Post-Effective Amendment No. 15 (File No. 333-214113) filed on April
10, 2025.
(iii) Amendment No. 5 to Coinsurance and Modified Coinsurance Reinsurance Agreement dated
January 1, 2018 between Lincoln Life & Annuity Company of New York and The Lincoln National Insurance Company
incorporated herein by reference to Post-Effective Amendment No. 17 (File No. 333-214113) filed on April 9, 2026.
(3) Third Amended and Restated Automatic Indemnity Reinsurance Agreement dated January
1, 2023, between The Lincoln National Life Insurance Company and Lincoln National Reinsurance Company (Barbados)
Limited incorporated herein by reference to Post-Effective Amendment No. 20 (File No. 333-212680) filed on April 14, 2023.
(i) Amendment No. 1 to Third Amended and Restated Automatic Indemnity Reinsurance Agreement
dated January 1, 2023, between The Lincoln National Life Insurance Company and Lincoln National Reinsurance
Company (Barbados) Limited incorporated herein by reference to Post-Effective Amendment No. 16 (File
No. 333-212682) filed on February 2, 2024.
(ii) Amendment No. 2 to the Third Amended and Restated Automatic Indemnity Reinsurance
Agreement dated January 1, 2023, between The Lincoln National Life Insurance Company and Lincoln National Reinsurance
Company (Barbados) Limited incorporated herein by reference to Post-Effective Amendment No. 20 (File
No. 333-212682) filed on April 10, 2025.
(iii) Amendment No. 3 to the Third Amendment and Restated Automatic Indemnity Reinsurance
Agreement dated January 1, 2023, between The Lincoln National Life Insurance Company and Lincoln National
Reinsurance Company (Barbados) Limited incorporated herein by reference to Post-Effective Amendment No. 20 (File
No. 333-212682) filed on April 10, 2025.
B-3
(iv) Amendment No. 4 to the Third Amended and Restated Automatic Indemnity Reinsurance
Agreement dated January 1, 2023, between The Lincoln National Life Insurance Company and Lincoln National Reinsurance
Company (Barbados) Limited incorporated herein by reference to Post-Effective Amendment No. 30 (File
No. 333-212680) filed on April 9, 2026.
(v) Amendment No. 5 to the Third Amended and Restated Automatic Indemnity Reinsurance
Agreement dated January 1, 2023, between The Lincoln National Life Insurance Company and Lincoln National Reinsurance
Company (Barbados) Limited incorporated herein by reference to Post-Effective Amendment No. 30 (File
No. 333-212680) filed on April 9, 2026.
(h) Fund Participation Agreements among Lincoln Life & Annuity Company of New York
and:
(i) Accounting and Financial Administration Services Agreement dated January 1, 2019 among
State Street Bank and Trust Company, The Lincoln National Life Insurance Company and Lincoln Life & Annuity Company of
New York is incorporated herein by reference to Post-Effective Amendment No. 36 on Form N-6 (File No. 333-125790) filed on April 12,
2019.
(j) Rule 22c-2 Agreement between Lincoln Life & Annuity Company of New York and:
(m) Not applicable
(n) Not applicable
(o) Not applicable
(q) Not applicable
(r) Not applicable
Item 28. Directors and Officers of the Depositor
The following list contains the officers and directors of Lincoln Life & Annuity Company
of New York who are engaged directly or indirectly in activities relating to Lincoln Life & Annuity Variable Annuity Account
H as well as the contracts. The list also shows Lincoln Life & Annuity Company of New York's executive officers.
B-4
|
Name
|
Positions and Offices with Depositor
|
|
Adam M. Cohen*
|
Senior Vice President, Chief Accounting Officer and Treasurer
|
|
Ellen G. Cooper*
|
President and Director
|
|
Stephen B. Harris*
|
Senior Vice President and Chief Ethics and Compliance Officer
|
|
Mark E. Konen
4901 Avenue G
Austin, TX 78751
|
Director
|
|
M. Leanne Lachman
870 United Nations, Plaza, #19-E
New York, NY 10017
|
Director
|
|
Dale LeFebvre
2710 Foxhall Road NW
Washington, DC 20007
|
Director
|
|
Louis G. Marcoccia
Senior Vice President
Syracuse University
Crouse-Hinds Hall, Suite 620
900 S. Crouse Ave.
Syracuse, NY 13244
|
Director
|
|
John G. Morriss*
|
Executive Vice President, Chief Investment Officer and Director
|
|
Christopher M. Neczypor*
|
Executive Vice President, Chief Financial Officer and Director
|
|
Nancy A. Smith*
|
Secretary
|
|
Joseph D. Spada**
|
Vice President and Chief Compliance Officer for Separate Accounts
|
*Principal business address is 150 N. Radnor-Chester Road, Radnor, PA 19087
**Principal business address is 350 Church Street, Hartford, CT 06103
Item 29. Persons Controlled by or Under Common Control with the Depositor or Registrant
See Exhibit (s) above: Lincoln National Corporation Organization Chart
Item 30. Indemnification
a) Brief description of indemnification provisions.
In general, Article VII of the By-Laws of Lincoln Life & Annuity Company of New York
provides that Lincoln New York will indemnify certain persons against expenses, judgments and certain other specified
costs incurred by any such person if he/she is made a party or is threatened to be made a party to a suit or proceeding
because he/she was a director, officer, or employee of Lincoln New York, as long as he/she acted in good faith and in a manner
he/she reasonably believed to be in the best interests of, or act opposed to the best interests of, Lincoln New York.
Certain additional conditions apply to indemnification in criminal proceedings.
In particular, separate conditions govern indemnification of directors, officers,
and employees of Lincoln New York in connection with suits by, or in the right of, Lincoln New York.
Please refer to Article VII of the By-Laws of Lincoln New York (Exhibit no. f hereto)
for the full text of the indemnification provisions. Indemnification is permitted by, and is subject to the requirements of,
New York law.
b) Undertaking pursuant to Rule 484 of Regulation C under the Securities Act of 1933:
Insofar as indemnification for liabilities arising under the Securities Act of 1933
may be permitted to directors, officers and controlling persons of the Registrant pursuant to the provisions described in
Item 28(a) above or otherwise, the Registrant has been advised that in the opinion of the Securities and Exchange Commission
such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In
the event that a claim for indemnification against such liabilities (other than the payment by the Registrant of expenses incurred
or paid by a director, officer, or controlling person of the Registrant in the successful defense of any such action,
suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered,
the Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit
to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed
in the Act and will be governed by the final adjudication of such issue.
B-5
Item 31. Principal Underwriter
(a) Lincoln Financial Distributors, Inc. (“LFD”) currently serves as Principal Underwriter for: Lincoln National Variable Annuity
Account C; Lincoln National Flexible Premium Variable Life Account D; Lincoln National
Variable Annuity Account E; Lincoln National Flexible Premium Variable Life Account F; Lincoln National Flexible Premium
Variable Life Account G; Lincoln National Variable Annuity Account H; Lincoln Life & Annuity Variable Annuity Account H; Lincoln
Life Flexible Premium Variable Life Account J; Lincoln Life Flexible Premium Variable Life Account K; Lincoln National
Variable Annuity Account L; Lincoln Life & Annuity Variable Annuity Account L; Lincoln Life Flexible Premium Variable Life Account
M; Lincoln Life & Annuity Flexible Premium Variable Life Account M; Lincoln Life Variable Annuity Account N; Lincoln
New York Account N for Variable Annuities; Lincoln Life Variable Annuity Account Q; Lincoln Life Flexible Premium Variable Life
Account R; LLANY Separate Account R for Flexible Premium Variable Life Insurance; Lincoln Life Flexible Premium Variable Life
Account S; LLANY Separate Account S for Flexible Premium Variable Life Insurance; Lincoln Life Variable Annuity Account T;
Lincoln Life Variable Annuity Account W; and Lincoln Life Flexible Premium Variable Life Account Y and Lincoln Life & Annuity Flexible
Premium Variable Life Account Y; Lincoln Life Variable Annuity Account JF-H; Lincoln Life Variable Annuity Account
JF-I; Lincoln Life Flexible Premium Variable Life Account JF-A; Lincoln Life Flexible Premium Variable Life Account JF-C; Lincoln
Life Variable Annuity Account JL-A; Lincoln Life & Annuity Flexible Premium Variable Life Account JA-B; Lincoln Variable Insurance
Products Trust; Lincoln Advisors Trust.
(b) Officers and Directors of Lincoln Financial Distributors, Inc.:
|
Name
|
Positions and Offices with Underwriter
|
|
Adam M. Cohen*
|
Senior Vice President and Treasurer
|
|
Jason M. Gibson**
|
Vice President and Chief Compliance Officer
|
|
Claire H. Hanna*
|
Secretary
|
|
John C. Kennedy*
|
President, Chief Executive Officer and Director
|
|
Jared M. Nepa*
|
Senior Vice President and Director
|
|
Timothy J. Seifert Sr*
|
Senior Vice President and Director
|
*Principal business address is 150 N. Radnor-Chester Road, Radnor, PA 19087
**Principal business address is 1301 South Harrison Street, Fort Wayne, IN 46802
(c) N/A
Item 31A. Information about Contracts with Indexed-Linked Options and Fixed Options
Subject to a Contract Adjustment
Not Applicable.
Item 32. Location of Accounts and Records
This information is provided in the Registrant’s most recent report on Form N-CEN.
Item 33. Management Services
Not Applicable.
Item 34. Fee Representation
Lincoln New York represents that the fees and charges deducted under the contracts,
in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed
by Lincoln New York.
B-6
SIGNATURES
| (a) | As required by the Securities Act of 1933 and the Investment Company Act of 1940, each Registrant certifies that it meets the requirements of Securities Act Rule 485(b) for effectiveness of these registration statements and has caused these Post-Effective Amendments to the registration statements to be on its behalf, in the City of Hartford, and the State of Connecticut on this 25th day of March, 2026 at 7:11 am. |
| Lincoln Life & Annuity Variable Annuity Account H | |||
| Lincoln New York Account N for Variable Annuities | |||
| (Registered Separate Accounts) | |||
|
|||
| /s/Kimberly A. Genovese | |||
| By: | |||
| Kimberly A. Genovese | |||
| Vice President, Lincoln Life & Annuity Company of New York | |||
| Lincoln Life & Annuity Company of New York |
| (Insurance Company) |
Signed on its behalf, in the City of Hartford, and the State of Connecticut on this 24th day of March, 2026 at 12:28 pm.
| /s/Michelle L. Grindle | |||
| By: | |||
| Michelle L. Grindle | |||
| (Signature-Officer of Depositor) | |||
| Vice President, Lincoln Life & Annuity Company of New York | |||
Lincoln Life & Annuity Variable Annuity Account H (File No. 811-08441; CIK: 0001045008)
| 333-141754 (Amendment No. 51) | 333-141763 (Amendment No. 52) | 333-181617 (Amendment No. 34) |
| 333-141756 (Amendment No. 47) | 333-141766 (Amendment No. 47) | 333-214112 (Amendment No. 19) |
| 333-141758 (Amendment No. 48) | 333-171097 (Amendment No. 41) | 333-234169 (Amendment No. 9) |
| 333-141761 (Amendment No. 39) | 333-176216 (Amendment No. 31) | 333-234170 (Amendment No. 9) |
Lincoln New York Account N for Variable Annuities (File No. 811-09763; CIK: 0001093278)
| 333-141752 (Amendment No. 54) | 333-149449 (Amendment No. 41) | 333-193276 (Amendment No. 25) |
| 333-141759 (Amendment No. 52) | 333-171096 (Amendment No. 40) | 333-193277 (Amendment No. 21) |
| 333-141757 (Amendment No. 53) | 333-175691 (Amendment No. 37) | 333-214111 (Amendment No. 26) |
| 333-141760 (Amendment No. 44) | 333-176213 (Amendment No. 38) | 333-214113 (Amendment No. 17) |
| 333-141762 (Amendment No. 51) | 333-181616 (Amendment No. 44) | 333-214256 (Amendment No. 11) |
| 333-145531 (Amendment No. 58) | 333-186895 (Amendment No. 39) |
(b) As required by the Securities Act of 1933, these Amendments to the registration statements have been signed by the following persons in their capacities indicated on March 25, 2026 at 7:11 am.
| Signature | Title | ||
| * | /s/ Ellen G. Cooper | President and Director | |
| Ellen G. Cooper | |||
| * | /s/ Christopher M. Neczypor | Executive Vice President, Chief Financial Officer, and Director | |
| Christopher M. Neczypor | |||
| * | /s/ John G. Morriss | Executive Vice President, Chief Investment Officer, and Director | |
| John G. Morriss | |||
| * | /s/ Adam M. Cohen | Senior Vice President and Chief Accounting Officer | |
| Adam M. Cohen | |||
| * | /s/ Mark E. Konen | Director | |
| Mark E. Konen | |||
| * | /s/ M. Leanne Lachman | Director | |
| M. Leanne Lachman | |||
| * | /s/ Louis G. Marcoccia | Director | |
| Louis G. Marcoccia | |||
| * | /s/ Dale LeFebvre | Director | |
| Dale LeFebvre | |||
| /s/Kimberly A. Genovese | |||
| * | , pursuant to a Power of Attorney | ||
| Kimberly A. Genovese | |||
ATTACHMENTS / EXHIBITS
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