Form 485BPOS NATIONWIDE VARIABLE ACCO
As filed with the Securities and Exchange
Commission on April 27, 2026
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933File No. 333-235383
Pre-Effective Amendment No.
☐
Post-Effective Amendment No. 11
☒
and/or
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940File No. 811-03330
Amendment No. 1,135
☒
(Check appropriate box or boxes.)
Nationwide Variable Account-II
(Exact Name of Registered Separate Account)
Nationwide Life Insurance Company
(Name of Insurance Company)
One Nationwide Plaza, Columbus, Ohio
43215
(Address of Insurance Company's Principal Executive Offices) (Zip Code)
(614) 249-7111
Insurance Company's Telephone Number, including Area Code
Denise L. Skingle, Senior Vice
President and Secretary
One Nationwide Plaza, Columbus, Ohio 43215
One Nationwide Plaza, Columbus, Ohio 43215
(Name and Address of Agent for Service)
May 1, 2026
Approximate Date of Proposed Public Offering
It is proposed that this filing will become effective (check appropriate box):
☐ immediately upon filing pursuant to paragraph (b)
☒ on May 1, 2026
pursuant to paragraph (b)
☐ 60 days after filing pursuant to paragraph (a)(1)
☐ on (date) 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 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)
Nationwide DestinationSM Future New York
Individual Flexible Premium Deferred Variable Annuity Contracts
Issued by
Nationwide Life Insurance Company
through its
Nationwide Variable Account-II
The date of this prospectus is May 1, 2026.
The contracts described in this prospectus are only available in the state of New York.
This prospectus contains
important information about the contracts that should be understood before investing. Read this prospectus carefully and keep it for future reference. The contract described in this prospectus is no longer available for
purchase.
Variable annuities are complex investment products and involve risks, including the potential loss of principal. The contract
is not a short-term investment and is not appropriate for an investor who needs ready access to cash. Withdrawals under the contract could result in Contingent Deferred Sales Charges, taxes, and tax penalties.
Variable annuities
have unique benefits and advantages that may be particularly useful in meeting long-term savings and retirement needs. There are costs and charges associated with these benefits and advantages - costs and charges that are
different, or do not exist at all, within other investment products. With help from financial professionals, investors are encouraged to compare and contrast the costs and benefits
of the variable annuity described in this prospectus against those of other investment products, especially other variable annuity and variable life insurance products offered by
Nationwide and its affiliates. Nationwide offers a wide array of such products, many with different charges, benefit features, and investment options. This process of comparison and analysis should aid in determining whether the purchase of
the contract described in this prospectus is consistent with the purchaser’s investment objectives, risk tolerance, investment time horizon, marital status, tax situation,
and other personal characteristics and needs.
Variable annuities
are not insured by the Federal Deposit Insurance Corporation or any other federal government agency, and are not deposits of, guaranteed by, or insured by the depository
institution where offered or any of its affiliates. The 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. Additional information about certain investment products, including
variable annuities, has been prepared by the SEC’s staff and is available at Investor.gov.
The investment options available under the contract consist of Sub-Accounts that invest in underlying mutual funds, which offer a variable rate of return. Additional information about the investment options is available in
Appendix A: Investment Options Available Under the Contract.
The availability of investment options, contract benefits, or other
contract features described in this prospectus may vary depending on the broker-dealer through which the contract is sold (see Appendix G: Financial Intermediary Variations for additional information).
Under state insurance laws, Contract Owners have the right, during a limited period of time, to examine their contract and decide if
they want to keep it or cancel it. This right is referred to as a "free look" right. The free look period is 10 days, unless the contract is purchased as a
replacement for another annuity contract, in which case it is 60 days. For ease of administration, Nationwide will honor any free look cancellation request that is in good order and received at the Service Center or postmarked within 30 days after the contract issue date. Nationwide will also honor any free look cancellation for replacement annuity
contracts that are received at the Service Center or postmarked within 60 days after the contract issue date (see Right
to Examine and Cancel and Contacting the Service
Center).
If the Contract Owner elects to cancel the contract pursuant to the free look provision, Nationwide will return the Contract Value, less any withdrawals from the contract, and applicable federal and state
income tax withholding (see Right to Examine and
Cancel).
All guarantees under the contract are subject to Nationwide’s creditworthiness and claims-paying ability.
1
Glossary of Special
Terms
| Accumulation
Unit – An accounting unit of measure used to calculate the Contract Value allocated to the Variable
Account before the Annuitization Date. |
| Adjusted Roll-up Income Benefit Base – The Original Income Benefit Base after it has been reduced proportionally
as a result of a Non-Lifetime Withdrawal. |
| Annuitant
– The person(s) whose length of
life determines how long annuity payments are paid. The Annuitant must
be living on the date the contract is issued. |
| Annuitization
Date – The date on which annuity
payments begin. |
| Annuity Commencement Date – The date on which annuity payments are
scheduled to begin. |
| Charitable Remainder Trust – A trust meeting the requirements of Section
664 of the Internal Revenue Code. |
| Co-Annuitant
– The person designated by the
Contract Owner to receive the benefit associated with the Spousal
Protection benefit. |
| Contingent
Annuitant – The individual who
becomes the Annuitant if the Annuitant dies before the Annuitization Date. |
| Contract
Anniversary – Each recurring
one-year anniversary of the date the contract was issued. |
| Contract
Owner(s) – The person(s) who owns all rights under the contract. |
| Contract
Value – The value of all Accumulation Units in a contract. |
| Contract
Year – Each year the contract is in force beginning with the date the contract is issued. |
| Current Income Benefit Base – For purposes of the Nationwide Lifetime Income Rider Plus Empire, Nationwide
Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core,
Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide
Lifetime Income Rider Plus Max, it is equal to the Original Income Benefit Base adjusted throughout the life of the contract to account for subsequent purchase payments, excess withdrawals, reset
opportunities, and if elected, the Non-Lifetime Withdrawal. This amount is multiplied
by the Lifetime Withdrawal Percentage to arrive at the Lifetime Withdrawal Amount. |
| Daily
Net Assets – A figure that is
calculated at the end of each Valuation Date and represents the sum of all
the Contract Owners interests in the Sub-Accounts after the deduction of underlying mutual fund expenses. |
| General
Account – All assets of Nationwide other than those of the Variable Account or in other separate accounts of Nationwide. |
| Individual Retirement Account – An account that qualifies for favorable tax treatment under Section 408(a) of the
Internal Revenue Code, but does not include Roth IRAs. |
| Individual Retirement Annuity or IRA – An annuity contract that qualifies for
favorable tax treatment under Section 408(b) of the Internal Revenue
Code, but does not include Roth IRAs or Simple IRAs. |
| Investment-Only Contract – A contract purchased by a qualified pension,
profit-sharing, or stock bonus plan as defined by Section 401(a) of the
Internal Revenue Code. |
| Lifetime
Withdrawal – For purposes of the
Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income
Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max, it is a withdrawal of all or a portion of the Lifetime Withdrawal Amount. |
| Lifetime Withdrawal Amount – For purposes of the Nationwide Lifetime
Income Rider Plus Empire, Nationwide
Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime
Income Rider Plus Max, the maximum amount that can be withdrawn during a calendar year without
reducing the Current Income Benefit Base. It is calculated annually, on each January 1, by multiplying the Current Income
Benefit Base by the applicable Lifetime Withdrawal Percentage. |
2
| Lifetime Withdrawal Percentage – An age-based percentage used to determine the
Lifetime Withdrawal Amount
under the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income
Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide
Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income
Rider Plus Max. The applicable percentage is multiplied by the Current Income Benefit Base to arrive at the Lifetime Withdrawal Amount for any given calendar year. The Rate Sheet Supplement discloses the Lifetime Withdrawal Percentages that are currently available for new contracts. |
| Nationwide
– Nationwide Life Insurance
Company. |
| Net
Asset Value – The value of one share of an underlying mutual fund at the close of regular trading on the New
York Stock Exchange. |
| Non-Lifetime Withdrawal – For purposes of the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime
Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and
Nationwide Lifetime Income Rider Plus Max, a one-time only election to
take a withdrawal from the contract that will not initiate the benefit under the option. |
| Non-Qualified Contract – A contract which does not qualify for favorable tax treatment as a Qualified
Plan, IRA, Roth
IRA,
SEP IRA, Simple IRA, or Tax Sheltered Annuity. |
| Original Income Benefit Base – For purposes of the Nationwide Lifetime Income Rider Plus Empire, Nationwide
Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core,
Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide
Lifetime Income Rider Plus Max, the initial benefit base calculated on the date the option is elected, which is equal to the Contract Value. |
| Qualified
Plan – A retirement plan that receives favorable tax treatment under Section 401 of the Internal Revenue
Code, including Investment-Only Contracts. In this prospectus, all provisions applicable to Qualified Plans also apply
to Investment-Only Contracts unless specifically stated otherwise. |
| Quarterly Contract Anniversary – Each recurring three-month anniversary of the date the contract was issued. |
| Rate
Sheet Supplement – Supplements to the prospectus that we file periodically with the SEC to provide for and
modify certain rates that are associated with various optional benefits available under
the contract. The Rate Sheet Supplements disclose the Roll-up Interest Rates, Roll-up Crediting Periods, Lifetime Withdrawal Percentages, and
Interest Anniversary Rate that are currently available for new contracts.
|
| Roll-up Crediting Period – For purposes of the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime
Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and
Nationwide Lifetime Income Rider Plus Max, beginning with the date the
contract is issued, the Roll-up Crediting Period is the maximum period of time that the Roll-up Interest Rate will apply for. The Rate Sheet Supplement discloses the Roll-up Crediting Periods that
are currently available for new contracts. |
| Roll-up
Interest Rate – For purposes of the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime
Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and
Nationwide Lifetime Income Rider Plus Max, the simple interest rate used
to determine the roll-up in the calculation of the Current Income Benefit
Base. The Rate Sheet Supplement discloses the Roll-up Interest Rates that are currently
available for new contracts. For purposes of the Nationwide Lifetime
Income Capture option, the indexed simple interest rate used to determine
the roll-up in the calculation of the Current Income Benefit Base. |
| Roth
IRA – An annuity contract that qualifies for favorable tax treatment under Section 408A of the Internal Revenue
Code. |
| SEC – Securities and Exchange
Commission. |
| SEP
IRA – An annuity contract which qualifies for favorable tax treatment under Section 408(k) of the Internal
Revenue Code. |
| Service Center – The department of Nationwide responsible for receiving all service and transaction requests relating to the contract. For service and transaction requests submitted other than by telephone (including fax requests), the
Service Center is Nationwide's mail and document processing facility. For service and transaction requests communicated by telephone, the Service Center is Nationwide's operations processing facility. Information on how to contact the Service Center is in the Contacting the Service Center provision. |
3
| Simple
IRA – An annuity contract which qualifies for favorable tax treatment under Section 408(p) of the Internal
Revenue Code. |
| Sub-Accounts
– Divisions of the Variable Account, each of which invests in a single underlying mutual fund. |
| Tax
Sheltered Annuity – An annuity
that qualifies for favorable tax treatment under Section 403(b) of the Internal Revenue Code. |
| Valuation
Date – Each day the New York Stock Exchange is open for business or any other day during which there is
a sufficient degree of trading such that the current Net Asset Value of the underlying mutual fund shares might be
materially affected. Values of the Variable Account are determined as of the close of regular trading on the New
York Stock Exchange, which generally closes at 4:00 p.m.
EST. |
| Valuation
Period – The period of time commencing at the close of a Valuation
Date and ending at the close of regular trading on the New York Stock Exchange for the next succeeding Valuation
Date. |
| Variable Account – Nationwide Variable Account-II, a separate
account that Nationwide established to hold Contract
Owner assets allocated to variable investment options. The Variable Account is divided into Sub-Accounts, each of
which invests in a separate underlying mutual fund. |
4
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6
Overview of the Contract
Purpose of the Contract
The contract is intended to be a long-term investment vehicle to assist investors in saving
for and living in retirement. Nationwide has designed the contract to offer features, pricing, and investment
options that encourage long-term ownership. The contract can help supplement retirement income through the annuitization feature, which provides a stream of periodic income payments. During the years leading up to those income payments, the Contract Owner manages his/her assets in the contract according to their specific goals and risk preferences by directing
the allocation and reallocation among a variety of investment options. Contract growth is tax-deferred, meaning that gains in the contract are not taxable until withdrawn from the contract. Finally, in the event that the Annuitant dies before beginning income
payments, the contract offers a death benefit.
Prospective purchasers should consult with a financial professional to determine whether this
contract is appropriate for them, taking into consideration their particular needs, including investment objectives, risk tolerance, investment time horizon, marital status, tax situation, and other personal characteristics. Generally speaking, this contract is intended to
provide benefits to a single individual and his/her beneficiaries. The contract is not intended to be used by institutional investors, in connection with other Nationwide
contracts that have the same Annuitant, or in connection with other Nationwide contracts that have different
Annuitants but the same Contract
Owner. It is not intended to be sold to a terminally ill Contract Owner or Annuitant.
Phases of the Contract
The contract exists in two separate phases: accumulation (savings) and annuitization
(income). During the accumulation phase, the contract offers a variety of investment options to which the
Contract Owner can allocate and reallocate his/her Contract Value. The investment options available under the contract consist of Sub-Accounts that invest in underlying mutual funds,
which offer a variable rate of return. Additional information about the underlying mutual funds is available in Appendix A: Investment Options Available Under the Contract.
During the annuitization phase, Nationwide makes periodic income payments to the Annuitant. At
the time of annuitization, the Contract
Owner elects the duration of the annuity payments – either for a fixed period of time or for the duration of the Annuitant’s (and possibly the
Annuitant’s spouse’s) life. Annuity payments are fixed, meaning each annuity payment will be
the same amount. After annuitization begins, the only value associated with the contract is the stream of annuity
payments; unless otherwise specified in the annuity option, amounts cannot be withdrawn from the contract over and above the annuity payments. Additionally, once annuitization has begun, there is no death benefit, which means that upon the
death of the Annuitant (and the
Annuitant’s spouse if a joint annuity option was elected), all payments stop and the contract terminates, unless the particular annuitization option provides otherwise. Any living benefit option, if elected,
will also terminate upon annuitization.
Contract Features
Investment Options. Contract Owners can allocate
Contract Value to Sub-Accounts that invest in underlying mutual funds. Contract Owners can reallocate those assets at their discretion, subject to certain restrictions.
Deposits to the Contract. Contract Owners can apply additional purchase payments to the contract until the Annuitization Date, subject to certain restrictions.
Withdrawals from the Contract. Contract
Owners can withdraw some or all of their Contract Value at any time prior to annuitization, subject to certain restrictions. A CDSC may apply. After Annuitization, withdrawals other than annuity
payments are not permitted.
Death Benefit. During
the accumulation phase, the contract contains a standard death benefit (return of Contract Value) at no additional charge.
Optional Death Benefits. Several death benefit options are available for an additional charge, which may provide a greater death benefit than the
standard death benefit. Those options are:
•
Return of Premium Death Benefit Option
•
Return of Premium Death Benefit Option with Spousal Protection
•
Highest Anniversary Value Death Benefit Option
8
•
Highest Anniversary Value Death Benefit Option with Spousal Protection
Spousal Protection Feature. Some of the death benefit options contain the Spousal Protection Feature, which allows a surviving spouse to continue the
contract while receiving the economic benefit of the death benefit upon the death of the other spouse, subject to certain conditions.
Living Benefit Options. Several living benefit options are available for an additional charge, which provide a guaranteed lifetime income stream
for the Contract Owner and, if elected, the Contract Owner’s spouse. Those options are:
•
Nationwide Lifetime Income Rider Plus Empire (available for contracts with applications signed
on or after October 16, 2023)
•
Joint Option for the Nationwide Lifetime Income Rider Plus Empire (available for contracts
with applications signed on or after October 16, 2023)
•
Nationwide Lifetime Income Rider Plus Core (no longer available for contracts with
applications signed on or after October 16, 2023)
•
Joint Option for the Nationwide Lifetime Income Rider Plus Core (no longer available for
contracts with applications signed on or after October 16, 2023)
•
Nationwide Lifetime Income Rider Plus Accelerated (no longer available for contracts with
applications signed on or after October 16, 2023)
•
Joint Option for the Nationwide Lifetime Income Rider Plus Accelerated (no longer available
for contracts with applications signed on or after October 16, 2023)
•
Nationwide Lifetime Income Rider Plus Max (no longer available for contracts with applications
signed on or after October 16, 2023)
•
Joint Option for the Nationwide Lifetime Income Rider Plus Max (no longer available for
contracts with applications signed on or after October 16, 2023)
Annuity Payments. On the Annuitization Date,
Nationwide will make annuity payments based on the annuity payment option chosen prior to annuitization.
Tax Deferral. Generally, Contract Owners will not be taxed on any
earnings on the assets in the contract until such earnings are distributed from the contract. How each contract’s distributions are taxed depends on the type of contract
issued. Note that if this contract is issued in connection with a plan that qualifies for special income tax treatment under the Code, the contract does not provide additional tax
deferral benefits (see Appendix B: Contract Types and Tax Information).
Cancellation of the Contract. Under state insurance laws, Contract
Owners have the right, during a limited period of time, to examine their contract and decide if they want to keep it or cancel it. Nationwide will honor any free look cancellation request that is in good order and received at the Service Center or postmarked within 30 days after the
contract issue date (see Right to Examine and Cancel and Contacting the Service
Center).
Contract Owner
Services. The contract offers several services at no additional charge to assist Contract Owners in managing
their contract, including:
•
Asset Rebalancing
•
Dollar Cost Averaging
•
Systematic Withdrawals
•
Custom Choice Asset Rebalancing Service
•
Static Asset Allocation Model
9
Important Information You
Should Consider About the Contract
| FEES, EXPENSES, AND ADJUSTMENTS
(see Fee Table
and Charges and
Adjustments) | |||
| Are There Charges or
Adjustments for Early
Withdrawals? |
Yes. If the Contract Owner withdraws money from the contract within 7 years following his/her last purchase payment, a Contingent Deferred Sales Charge (or "CDSC") may
apply (see Contingent Deferred Sales Charge). The CDSC will not exceed 7% of the
amount of purchase payments withdrawn, declining to 0% over 7 years.
For example, for a contract with a $100,000 investment, a withdrawal taken during
the CDSC period could result in a CDSC of up to $7,000. This loss will be greater if there are
taxes or tax penalties. | ||
| Are There Ongoing Fees
and Expenses? |
Yes. The table below describes the fees and expenses that you may pay each
year, depending on the investment options and optional benefits chosen. 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. | ||
| Annual Fee |
Minimum |
Maximum | |
| Base Contract |
0.85%1 |
0.98%1 | |
| Underlying mutual fund fees and expenses |
0.56%2 |
3.48%2 | |
| Optional benefits available for an additional
charge (for a single optional benefit, if elected) |
0.10%3 |
1.60%3 | |
| 1 As a percentage of Daily Net Assets, plus a percentage attributable to the Contract Maintenance Charge. 2 As a percentage of underlying mutual fund net
assets. 3 As a percentage of Daily Net Assets or Current Income Benefit Base, depending on the
optional benefit(s) elected. | |||
| Because each contract is customizable, the options elected affect how much each
Contract Owner will pay. To help you understand the cost of owning the contract, the following table shows the lowest and highest cost a Contract Owner could pay each year, based on current charges. This estimate assumes that no withdrawals are taken from the
contract, which could add a CDSC that substantially increases costs.
| |||
| Lowest Annual Cost Estimate:
$1,411.42 |
Highest Annual Cost Estimate:
$5,485.15 | ||
| Assumes:
● Investment of $100,000 ● 5% annual appreciation
● Least expensive underlying mutual fund fees and expenses ● No optional benefits
● No CDSC ● No additional purchase payments, transfers or
withdrawals |
Assumes: ● Investment of $100,000
● 5% annual appreciation ● Most expensive combination of
optional benefits and underlying
mutual fund fees and expenses
● No CDSC ● No additional purchase payments,
transfers or withdrawals | ||
| RISKS | |
| Is There a Risk of Loss
from Poor Performance? |
Yes. Contract Owners of variable annuities can lose money by investing in the contract,
including loss of principal (see Principal Risks). |
| Is this a Short-Term
Investment? |
No. The contract is not a short-term investment and is not appropriate
for an investor who needs ready access to cash. Nationwide has designed the contract to offer features,
pricing, and investment options that encourage long-term ownership (see Principal Risks).
A CDSC may apply for up to 7 years following the last purchase payment and could
reduce the value of the contract if purchase payments are withdrawn
during that time (see Contingent Deferred Sales
Charge). The benefits of tax deferral and living benefit protections also mean that the contract is more beneficial to investors with a long time
horizon (see Principal Risks). |
10
| RISKS | |
| What Are the Risks
Associated with the
Investment Options? |
● Investment in this contract is subject to the risk of poor investment performance.
Investment experience can vary depending on the investment options selected by the
Contract Owner. ● Each investment option has its own unique risks.
● Review the prospectuses and disclosures for the investment options before making an
investment decision.
See Principal Risks. |
| What Are the Risks
Related to the Insurance
Company? |
Investment in the contract is subject to the risks associated with Nationwide, including that
any obligations, guarantees, or benefits are subject to the claims-paying ability of
Nationwide. More information about Nationwide, including its financial strength ratings, is available by contacting Nationwide at the address and/or toll-free phone number indicated in Contacting the Service Center (see Principal Risks). |
| RESTRICTIONS |
|
| Are There Restrictions
on the Investment
Options? |
Yes.
● Nationwide reserves the right to add, remove, and substitute investment options
available under the contract (see The Sub-Account and Underlying Mutual Funds).
● Not all investment options may be available under your contract (see
Appendix A: Investment Options Available Under the Contract).
● Transfers between Sub-Accounts are subject to policies designed to deter short-term and excessively frequent transfers. Nationwide may restrict the form in which transfer requests will be accepted (see Transfer Restrictions). ● The availability of investment options may vary depending on the
broker-dealer through which the contract is sold (see Appendix G: Financial Intermediary Variations). |
| Are There any
Restriction son Contract
Benefits? |
Yes.
● Certain optional benefits limit or restrict the investment options available for investment.
● Nationwide reserves the right to discontinue offering any optional benefit. Such a
discontinuance will only apply to new contracts and will not impact
any contracts already in force.
● For certain optional benefits, Nationwide reserves the right to refuse or limit subsequent purchase payments. ● For certain optional benefits, a Contract Owner’s ability to continue to receive certain
benefits is contingent on a Contract Owner’s agreement to new terms and conditions.
● For certain optional benefits, while withdrawals are not restricted, the impact of certain
withdrawals could have a negative impact on the amount of the benefit ultimately
available.
● For certain optional benefits, certain withdrawals could negatively impact the amount of
the benefit by an amount greater than the amount withdrawn and/or could terminate
the optional benefit.
● The availability of contract benefits may vary depending on the broker-dealer through
which the contract is sold (see Appendix G: Financial Intermediary Variations).
See Benefits Under the Contract. |
| TAXES | |
| 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 the contract is purchased through a tax-qualified plan or IRA, there is no additional tax
deferral.
● Earnings in the contract are taxed at ordinary income tax rates at the time of
withdrawals and there may be a tax penalty if withdrawals are taken before the
Contract Owner reaches age 59½.
See Appendix B: Contract Types and Tax Information. |
| CONFLICTS OF INTEREST | |
| How Are Investment
Professionals
Compensated? |
Some financial professionals receive compensation for selling the contract. Compensation
can take the form of commissions and other indirect compensation in that Nationwide may
share the revenue it earns on this contract with the financial professional’s
firm. This conflict of interest may influence a financial
professional, as these financial professionals may have a financial
incentive to offer or recommend this contract over another investment
(see Distribution, Promotional, and Sales Expenses). |
11
| CONFLICTS OF INTEREST | |
| Should I Exchange My
Contract? |
Some financial professionals may have a financial incentive to offer an investor a new
contract in place of the one he/she already owns. An investor should only exchange
his/her contract if he/she determines, after comparing the features,
fees, and risks of both contracts, and any fees or penalties to
terminate the existing contract, that it is preferable for him/her to
purchase the new contract, rather than to continue to own the existing one (see Replacements and Distribution, Promotional, and Sales Expenses). |
12
Fee Table
The following tables describe the fees, expenses, and adjustments that a Contract Owner will pay when buying, owning, and surrendering or making
withdrawals from an investment option or from the contract. Please refer to
the contract specifications page for information about the specific fees the Contract Owner will pay each year based on the options elected.
The first table describes the fees and expenses a Contract Owner will pay at
the time the Contract Owner buys the contract, surrenders or makes withdrawals from and investment option or from the contract, or transfers Contract Value between investment options. State premium taxes may also be deducted.
| Transaction Expenses | |
| Maximum Contingent Deferred Sales Charge ("CDSC") (as a percentage of
purchase payments withdrawn) |
7% |
Range of CDSC over time:
| Number of Completed Years from Date of Purchase Payment |
0 |
1 |
2 |
3 |
4 |
5 |
6 |
7+ |
| CDSC Percentage |
7% |
7% |
6% |
5% |
4% |
3% |
2% |
0% |
The next table describes the fees and expenses that a Contract Owner will
pay each year during the time that the Contract Owner owns the contract (not including underlying mutual fund fees and expenses). If an optional benefit is elected, an additional charge will be assessed, as shown below.
| Annual Contract Expenses | |
| Maximum Administrative
Expense1 |
$30 |
| Base Contract Expenses2 (assessed as an annualized percentage of Daily Net Assets) |
0.95% |
| Optional Benefit Expenses3
|
|
| Optional Death Benefits4 (assessed as an annualized percentage of Daily Net Assets) |
|
| Return of Premium Death Benefit Option Charge |
0.10% |
| Return of Premium Death Benefit Option with Spousal Protection Charge |
0.20% |
| Highest Anniversary Value Death Benefit Option Charge |
0.40% |
| Highest Anniversary Value Death Benefit Option with Spousal Protection Charge |
0.50% |
| Living Benefit Options5 (assessed as an annualized percentage of the Current Income Benefit Base6) |
|
| Maximum Nationwide Lifetime Income Rider Plus Empire Charge (available for
contracts with applications signed on or after October 16, 2023) |
1.60%7 |
| Maximum Joint Option for the Nationwide Lifetime Income Rider Plus Empire Charge (this is in addition to the charge for the Nationwide Lifetime Income Rider Plus Empire option) (available for contracts with applications
signed on or after October 16, 2023) |
0.30%8 |
| Maximum Nationwide Lifetime Income Rider Plus Core Charge (no longer
available for contracts with applications signed on or after October 16, 2023) |
1.50%7 |
| Maximum Joint Option for the Nationwide Lifetime Income Rider Plus Core Charge (this is in addition to the charge for the Nationwide Lifetime Income Rider Plus Core option) (no longer available for contracts with
applications signed on or after October 16, 2023) |
0.40%8 |
| Maximum Nationwide Lifetime Income Rider Plus Accelerated Charge (no
longer available for contracts with applications signed on or after October 16, 2023) |
1.50%7 |
| Maximum Joint Option for the Nationwide Lifetime Income Rider Plus Accelerated Charge (this is in addition to the charge for the Nationwide Lifetime Income Rider Plus Accelerated option) (no longer available for contracts
with applications signed on or after October 16, 2023) |
0.40%8 |
| Maximum Nationwide Lifetime Income Rider Plus Max Charge (no longer
available for contracts with applications signed on or after October 16, 2023) |
1.50%7 |
| Maximum Joint Option for the Nationwide Lifetime Income Rider Plus Max
Charge (this is in addition to the charge for the Nationwide Lifetime Income Rider Plus Max option) (no longer available for contracts with
applications signed on or after October 16, 2023) |
0.40%8 |
1
Throughout this prospectus, the Administrative Expense will be referred to as the Contract
Maintenance Charge. On each contract's Contract Anniversary, Nationwide deducts the Contract Maintenance Charge if the Contract Value is less than $50,000 on such Contract Anniversary. This charge is permanently waived on a going-forward basis for any contracts valued at $50,000 or
more on any Contract Anniversary.
13
2
Throughout this prospectus, the Base Contract Expenses will be referred to as Mortality and Expense Risk Charge and
Administrative Charge, as appropriate. The Administrative Charge is waived if the Contract Value, on the later of the Date of Issue or the most recent Quarterly Contract Anniversary, is greater than or equal to $1,000,000. If the Contract Value subsequently falls to less than $1,000,000 on the most recent Quarterly Contract Anniversary, the Administrative Charge will be reinstated for that
quarter.
3
Unless otherwise indicated, charges for optional benefits are only assessed prior to the
Annuitization Date (see Charges and Adjustments).
4
Only one death benefit option may be elected.
5
Only one living benefit option (and its corresponding joint option) may be elected.
6
For information about how the Current Income Benefit Base is calculated, see the corresponding
rider disclosures in Benefits Under the Contract.
7
Currently, the charge associated with the Nationwide Lifetime Income Rider Plus Empire is equal
to 1.45% of the Current Income Benefit Base, the charge associated with the Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max is equal to 1.30% of the Current Income Benefit
Base.
8
Currently, the charge associated with the Joint Option for the Nationwide Lifetime Income Rider
Plus Empire is equal to 0.15% of the Current Income Benefit Base, the charge associated with the Joint Option for the Nationwide Lifetime Income Rider Plus Core, Joint Option for the Nationwide Lifetime Income Rider Plus Accelerated, or Joint Option for the Nationwide Lifetime Income Rider
Plus Max is equal to 0.30% of the Current Income Benefit Base.
The next item shows the minimum and maximum total operating expenses charged
by the underlying mutual funds that the Contract Owner may pay periodically during the life of the contract. Expenses shown may change over time and may be higher or lower in the future. A complete list of the underlying
mutual funds available under the contract, including their annual expenses, may be found in Appendix A: Investment Options Available Under the Contract.
| Annual Underlying Mutual Fund Expenses | ||
| |
Minimum |
Maximum |
| (Expenses that are deducted from underlying mutual fund assets, including
management fees, distribution and/or service (12b-1) fees, and other
expenses, as a percentage of average underlying mutual fund net
assets.) |
0.56% |
3.48% |
Example
This Example is intended to help Contract Owners compare the cost of investing in the
Sub-Accounts with the cost of investing in other annuity contracts that offer variable investment options. These costs include transaction expenses, annual contract expenses, and annual underlying mutual fund
expenses.
The Example assumes:
•
a $100,000 investment in the contract for the time periods indicated;
•
a 5% return each year;
•
the maximum and the minimum annual underlying mutual fund expenses;
•
Variable Account charges that reflect the most expensive combination of optional benefits
available for an additional charge (3.35%).1 Specifically:
•
Highest Anniversary Death Benefit Option with Spousal Protection,
•
any of the available living benefit options, and
•
the corresponding living benefit joint option.
14
Although your actual costs may be higher or lower,
based on these assumptions, your costs would be:
| |
If the contract is surrendered at the end of the applicable time
period |
If the contract is annuitized at the end of the applicable time
period |
If the contract is not surrendered | |||||||||
| |
1 Yr. |
3 Yrs. |
5 Yrs. |
10 Yrs. |
1 Yr. |
3 Yrs. |
5 Yrs. |
10 Yrs. |
1 Yr. |
3 Yrs. |
5 Yrs. |
10 Yrs. |
| Maximum Annual Underlying
Mutual Fund
Expenses (3.48%) |
$14,203 |
$26,136 |
$37,463 |
$65,293 |
* |
$21,136 |
$34,463 |
$65,293 |
$7,203 |
$21,136 |
$34,463 |
$65,293 |
| Minimum Annual Underlying
Mutual Fund
Expenses (0.56%) |
$11,137 |
$17,518 |
$24,045 |
$43,014 |
* |
$12,518 |
$21,045 |
$43,014 |
$4,137 |
$12,518 |
$21,045 |
$43,014 |
1
The total Variable Account charges associated with the most expensive allowable combination of optional benefits may be higher or lower depending on whether the Current Income Benefit Base is higher or lower than the Daily Net Assets. For purposes of this
table, Nationwide assumes the Current Income Benefit Base is equal to the Daily Net Assets.
Principal Risks
Contract Owners should be aware of the following risks associated with owning the contract:
Risk of loss. The Sub-Accounts invest in underlying mutual funds. Underlying mutual funds are variable investments, meaning their value
will increase or decrease based on the performance of their portfolio holdings. Poor underlying mutual fund performance can result in a loss of Contract Value and/or
principal.
Not a short-term investment. In general, deferred variable annuities are long-term investments; they are
not suitable as short-term savings vehicles. Nationwide has designed the contract to offer features, pricing, and investment options that encourage long-term ownership. Specifically:
•
A Contract Owner who takes withdrawals from the contract within seven years of purchasing the contract or making a purchase payment could be subject to a CDSC, which in the short-term will reduce Contract Value or the amount payable to you, and in the long-term will reduce the ability of the Contract Value to grow over time.
•
A Contract Owner who takes withdrawals from the contract before reaching age 59 1/2 could be
subject to tax penalties that are mandated by the federal tax laws.
•
Living benefit options are designed to offer greater payouts the longer that the contract is in force.
•
Living benefit options are designed to discourage excess and/or early withdrawals by reducing the benefit base (which
determines the overall benefit amount). Those reductions could result in the forfeiture of benefits in an amount greater than what was actually withdrawn. Furthermore, such
withdrawals could result in a complete forfeiture of the benefit or could cause the contract to terminate without value.
Investment option availability. Nationwide reserves the right to change the Sub-Accounts available under the contract,
including adding new Sub-Accounts, discontinuing availability of Sub-Accounts, and substituting underlying
mutual funds for Sub-Accounts. Decisions to make such changes are at Nationwide’s discretion but will be
in accordance with Nationwide’s internal policies and procedures relating to such matters. Any changes to the availability of Sub-Accounts may be subject to regulatory approval and notice will be provided.
Investment option restrictions. Certain living benefit options available under the contract impose restrictions on which investment options are available
for investment and/or the portion of total Contract Value that is permitted to be allocated to certain investment options. These restrictions are imposed by Nationwide and depend
on each investment option’s risk characteristics. The permitted investment options are more conservative than those that are not permitted. This helps Nationwide manage its obligation to provide the Contract Owners with Lifetime Withdrawals by reducing the likelihood that it
will have to make unanticipated payments. By electing an optional living benefit and accepting the limited menu of investment options, Contract Owners may be foregoing investment
gains that could otherwise be realized by investing in riskier investment options that are not available under the optional living benefit.
15
Purchase payment
restrictions. A Contract Owner's ability to make subsequent purchase payments is subject to limitations under
the contract, and may be subject to additional limitations under an optional benefit. Restrictions on subsequent purchase payments may limit a Contract Owner's ability to increase
the value of the contract and its benefits through additional investments.
Active trading. Neither the contracts described in this prospectus nor the underlying mutual funds are designed to support active trading
strategies that require frequent movement between or among Sub-Accounts. Nationwide discourages (and will take action to deter) short-term trading in this contract because the
frequent movement between or among Sub-Accounts may negatively impact other investors in the contract. In certain circumstances, to address active trading, Nationwide may require transfer requests to be submitted via U.S. mail. Additionally, underlying mutual funds are
required to take certain actions in order to protect shareholders from negative impacts of short-term trading, which may include requiring Nationwide to prohibit particular Contract Owners from investing in a Sub-Account that invests in the
impacted underlying mutual fund.
Financial strength. Contractual guarantees that exceed the value of the assets in the Variable Account (including death benefit guarantees that
exceed the Contract Value and Lifetime Withdrawals that continue after the Contract Value falls to zero) are paid from Nationwide’s general account, which is subject to
Nationwide’s financial strength and claims-paying ability. If Nationwide experiences financial distress, it may not be able to meet its obligations.
Regulatory risk. The contract is governed by various state and federal laws and regulations, which are
subject to change. Those changes could require Nationwide to make changes to the contract that alter the nature or value of certain benefits. Additionally, changes to the tax laws or regulations could limit or eliminate the tax benefits of the contract, resulting in
greater tax liability or less earnings.
Cybersecurity. Nationwide’s businesses are highly dependent upon its computer systems and those of its business partners and
service providers. This makes Nationwide potentially susceptible to operational and information security risks resulting from a cybersecurity incident. These risks include direct
risks, such as theft, misuse, corruption, and destruction of data maintained by Nationwide, and indirect risks, such as denial of service, attacks on systems or websites and other
operational disruptions that could severely impede Nationwide’s ability to conduct its businesses or administer the contract (e.g., calculate unit values or process transactions).
Financial services companies and their third-party service providers are increasingly the
targets of cyber-attacks.
The techniques used to attack systems and networks change frequently and are becoming more sophisticated,
including through the use of artificial intelligence (AI) and AI-powered tools.
Cyber-attacks affecting Nationwide, the underlying mutual funds, intermediaries, and other service providers may adversely affect Nationwide and contract values. Cybersecurity risks may also impact the issuers of securities in which the
underlying mutual funds invest, which may cause the underlying mutual funds to lose value. Although Nationwide
undertakes substantial efforts to protect its computer systems from cyber-attacks, there can be no guarantee
that Nationwide, its service providers, intermediaries, or the underlying mutual funds will be able to avoid or readily detect cybersecurity incidents affecting Contract Owners in the future.
In the event that contract administration or contract values are adversely affected as a
result of a failure of Nationwide’s cybersecurity controls, Nationwide will take reasonable steps to take corrective action and restore Contract Values to the levels that they would have been had the cybersecurity incident not occurred. Nationwide will not, however, be responsible
for any adverse impact to contracts or contract values that result from the Contract Owner or its designee’s negligent acts or failure to use reasonably appropriate safeguards to protect against cyber-attacks or to protect personal information.
Business continuity risks. Nationwide is exposed to risks related to natural and man-made disasters, such
as storms, fires, earthquakes, public health crises, geopolitical disputes, military actions, and terrorist acts, which could adversely affect Nationwide’s ability to administer the contract. Nationwide has adopted business continuity policies and procedures that may be implemented in the event of a natural or man-made disaster, but such business continuity plans may not operate
as intended or fully mitigate the operational risks associated with such disasters.
Nationwide outsources certain critical business functions to third parties and, in the event
of a natural or man-made disaster, relies upon the successful implementation and execution of the business continuity planning of such entities. While Nationwide closely monitors the business continuity activities of these third parties, successful implementation and
execution of their business continuity strategies are largely beyond Nationwide’s control. If one or more of the third parties to whom Nationwide outsources such critical business functions experience operational failures, Nationwide’s ability to
administer the contract could be impaired.
16
Nationwide and the Variable
Account
The contract is issued by Nationwide, with its home office at One Nationwide Plaza, Columbus, Ohio 43215. Nationwide
Variable Account-II is a separate account of Nationwide that invests in the underlying mutual funds listed in Appendix A: Investment Options Available Under the Contract. Income, gains, and losses credited to or charged against the Variable
Account reflect the Variable Account’s own investment experience and not the investment experience of Nationwide’s other assets. The Variable Account’s assets are held separately from General Account assets and may not be used to pay
any liabilities of Nationwide other than those arising from the contract or other contracts supported by the Variable Account. The Variable Account is divided into Sub-Accounts, each of which invests in shares of a single underlying mutual
fund.
Nationwide is obligated to pay all amounts promised to investors under the contracts. All guarantees under the contract are subject to Nationwide’s creditworthiness and claims-paying ability.
The contracts are distributed by the general distributor, Nationwide Investment Services
Corporation ("NISC"), One Nationwide Plaza, Columbus, Ohio 43215. NISC is a wholly-owned subsidiary of Nationwide.
Investment Options
The Sub-Accounts and Underlying Mutual Funds
Contract Value allocated to a Sub-Account will vary based on the investment experience of the corresponding underlying
mutual fund in which the Sub-Account invests. There is a risk of loss of the entire amount invested.
The Contract Owner can allocate Contract Value to Sub-Accounts of the Variable Account, subject to conditions in the contract and underlying mutual funds. Each Sub-Account invests in shares of a single underlying mutual fund. Nationwide uses
the assets of each Sub-Account to buy shares of the underlying mutual funds based on Contract Owner instructions. Nationwide buys and sells the mutual fund shares at their
respective net asset value (NAV). Any dividends and distributions from a mutual fund are reinvested at NAV in shares of that mutual fund.
Information about each underlying mutual fund, including its name, type, adviser and subadviser (if applicable), current
expenses, and performance, is available in Appendix A: Investment Options Available Under the Contract. Each underlying mutual fund issues its own prospectus that contains more detailed information about the underlying mutual
fund. Contract Owners can obtain prospectuses for underlying mutual funds free of charge at
any time by visiting the website listed in Appendix A: Investment Options Available Under the Contract or contacting the Service Center (see Contacting the Service Center). Contract Owners should read these
prospectuses carefully before investing.
Underlying mutual funds in the Variable Account are NOT publicly available mutual funds. They are only
available as investment options in variable life insurance policies or variable annuity contracts issued by life insurance companies, or in some cases, through participation in certain qualified pension or retirement plans.
The investment advisers of the underlying mutual funds may manage publicly available mutual
funds with similar names and investment objectives. However, the underlying mutual funds are NOT the same as any publicly available mutual fund. Contract Owners should not compare the performance of a publicly available fund with the performance of underlying mutual
funds participating in the Variable Account. The performance of the underlying mutual funds could differ substantially from that of any publicly available funds.
The particular underlying mutual funds available under the contract may change
from time to time. Specifically, underlying mutual funds or underlying mutual fund share classes that are currently available may be removed or closed off to future investment. New underlying mutual funds or new share classes of currently available underlying mutual funds may be added.
Contract Owners will receive notice of any such changes that affect their contract. The underlying mutual funds, which sell their shares to the Sub-Accounts pursuant to
participation agreements, also may terminate these agreements and discontinue offering their shares to the Sub-Accounts. Additionally, the Nationwide Lifetime Income Rider Plus
Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max limit how Contract Value may be allocated to help Nationwide manage its obligation to provide
Contract Owners with Lifetime Withdrawals by reducing the likelihood that it will have to make unanticipated payments from its own assets (see Appendix A:
Investment Options Available Under the Contract).
17
In the future, additional underlying mutual funds
managed by certain financial institutions, brokerage firms, or their affiliates may be added to the Variable Account. These additional underlying mutual funds may be offered
exclusively to purchasing customers of the particular financial institution or brokerage firm, or through other exclusive distribution arrangements.
Voting Rights
Contract Owners are not shareholders of the underlying mutual funds in which the Sub-Accounts
invest; however, Contract Owners with assets allocated to Sub-Accounts are entitled to certain voting rights. Nationwide will vote underlying mutual fund shares at shareholder meetings based on Contract Owner instructions and the instructions of owners of
other contracts supported by the Variable Account. However, if the law changes and Nationwide is allowed to vote in its own right, it may elect to do so.
Contract Owners with voting interests in an underlying mutual fund will be notified of issues requiring shareholder vote as soon as possible before the shareholder meeting. Notification will contain proxy materials and a form with which to give
Nationwide voting instructions. Nationwide will vote shares for which no instructions are received in the same proportion as those that are received. What this means is that when only a small number of Contract Owners vote, each vote has a
greater impact on, and may control, the outcome.
The number of shares which a Contract Owner may vote is determined by dividing the cash value
of the amount they have allocated to an underlying mutual fund by the Net Asset Value of that underlying mutual fund (as of a date set by the underlying mutual fund).
Material Conflicts
The underlying mutual funds may be offered through separate accounts of other insurance companies, as well as through other
separate accounts of Nationwide. Nationwide does not anticipate any disadvantages to this. However, it is possible that a conflict may arise between the interests of the Variable
Account and one or more of the other separate accounts in which these underlying mutual funds participate.
Material conflicts may occur due to a change in law affecting the operations of variable life insurance policies and variable annuity contracts, or differences in the voting instructions of the Contract Owners and those of other companies. If a
material conflict occurs, Nationwide will take whatever steps are necessary to protect Contract Owners, including
withdrawal of the Variable Account from participation in the underlying mutual fund(s) involved in the conflict.
Substitution of Securities
Nationwide may substitute shares of another underlying mutual fund for
shares already purchased or to be purchased in the future if either of the following occurs:
(1)
shares of a current underlying mutual fund are no longer available for investment; or
(2)
further investment in an underlying mutual fund is inappropriate.
Nationwide will not substitute shares of any underlying mutual fund in which the Sub-Accounts invest without any necessary
prior approval of the appropriate state or federal regulatory authorities. All affected Contract Owners will be notified in the event there is a substitution, elimination, or
combination of shares.
The substitute underlying mutual fund may have different fees and expenses. Substitution may be made with respect to
existing investments or the investment of future purchase payments, or both. Nationwide may close Sub-Accounts to
allocations of purchase payments or Contract Value, or both, at any time in its sole discretion. The underlying mutual funds, which sell their shares to the Sub-Accounts pursuant to participation agreements, also may terminate these agreements
and discontinue offering their shares to the Sub-Accounts.
Deregistration of the Variable Account
Nationwide may deregister the Variable Account under the 1940 Act in the event the Variable Account meets an exemption from
registration under the 1940 Act, if there are no outstanding contracts supported by the Variable Account, or for any other purpose approved by the SEC.
No deregistration may take place without the prior approval of the SEC. All affected Contract Owners will be notified in the event Nationwide deregisters the Variable Account. If the Variable Account is deregistered, Nationwide’s contractual
obligations to the Contract Owner will continue.
18
Contacting the Service
Center
All inquiries, paperwork, information requests, service requests, and transaction requests should be made to the Service
Center:
•
by telephone at 1-800-848-6331 (TDD 1-800-238-3035)
•
by mail to P.O. Box 182021, Columbus, Ohio 43218-2021
•
by fax at 1-888-634-4472
•
by Internet at
www.nationwide.com.
Nationwide reserves the right to restrict or remove the ability to submit service requests
via Internet, phone, or fax upon written notice.
Not all methods of communication are available for all types of requests. To determine which
methods are permitted for a particular request, refer to the specific transaction provision in this prospectus or call the Service Center. Requests submitted by means other than described in this prospectus could be returned or delayed.
Service and transaction requests will generally be processed on the Valuation Date
they are received at the Service Center as long as the request is in good order, see
Operation of the Contract. Good order generally means that all necessary information to process the request is complete and in a form acceptable to Nationwide. If a request is not in good
order, Nationwide will take reasonable actions to obtain the information necessary to process the request. Requests that are not in good order may be delayed or returned.
Nationwide reserves the right to process any purchase payment or withdrawal request sent to a location other than the Service Center on the Valuation Date it is received at the
Service Center. On any day the post office is closed, Nationwide is unable to retrieve service and transaction requests that are submitted by mail. This will result in a delay of the delivery of those requests to the Service Center.
Nationwide will use reasonable procedures to confirm that instructions
are genuine and will not be liable for following instructions that it reasonably determined to be genuine. Nationwide may record telephone requests. Telephone and computer systems may not always be available. Any telephone system or computer can experience outages or slowdowns for a
variety of reasons. The outages or slowdowns could prevent or delay processing. Although Nationwide has taken precautions to support heavy use, it is still possible to incur an
outage or delay. To avoid technical difficulties, submit transaction requests by mail.
Charges and Adjustments
Mortality and Expense Risk Charge
Nationwide deducts a Mortality and Expense Risk Charge equal to an annualized rate of 0.85% of the Daily Net Assets. The
Mortality and Expense Risk Charge compensates Nationwide for providing the insurance benefits under the contract, including the contract's standard death benefit. It also
compensates Nationwide for assuming the risk that Annuitants will live longer than assumed. Finally, the Mortality and Expense Risk Charge compensates Nationwide for guaranteeing
that charges will not increase regardless of actual expenses. Nationwide may realize a profit from this charge.
Administrative Charge
Nationwide deducts an Administrative Charge equal to an annualized rate of 0.10% of the Daily
Net Assets. The Administrative Charge reimburses Nationwide for administrative costs it incurs resulting from providing contract benefits, including preparation of the contract and prospectus, confirmation statements, annual account statements and annual reports,
legal and accounting fees, as well as various related expenses. Nationwide may realize a profit from this charge.
The Administrative Charge is waived if the Contract Value, on the later of the Date of Issue or the most recent Quarterly
Contract Anniversary, is greater than or equal to $1,000,000. Nationwide will determine on each Quarterly Contract Anniversary if the Contract is eligible for a waiver of the Administrative Charge. If the Contract Value subsequently falls to
less than $1,000,000 on the most recent Quarterly Contract Anniversary, the Administrative Charge will be reinstated for that quarter.
Contract Maintenance Charge
A $30 Contract Maintenance Charge is assessed on each Contract Anniversary and upon full surrender of the contract.
19
This charge reimburses Nationwide for
administrative expenses involved in issuing and maintaining the contract. If on any Contract Anniversary (or on the date of a full surrender) the Contract Value is $50,000 or more, Nationwide will waive the
Contract Maintenance Charge from that point forward.
The deduction of the Contract Maintenance Charge will be taken proportionally from each Sub-Account based on the value in
each option as compared to the total Contract Value.
Nationwide will not reduce or eliminate the Contract Maintenance Charge where it would be discriminatory or unlawful.
Contingent Deferred Sales Charge
No sales charge deduction is made from purchase payments upon deposit into the contract.
However, if any part of the contract is withdrawn, Nationwide may deduct a CDSC. The CDSC will not exceed 7% of purchase payments withdrawn.
The CDSC is calculated by multiplying the applicable CDSC percentage (noted in the following table) by the amount of purchase payments withdrawn. For purposes of calculating the CDSC, withdrawals are considered to come first from the oldest
purchase payment made to the contract, then the next oldest purchase payment, and so forth. CDSC provisions vary by state. Refer to the contract for state specific
information.
The CDSC applies as follows:
| Number of Completed Years from Date of Purchase Payment |
0 |
1 |
2 |
3 |
4 |
5 |
6 |
7+ |
| CDSC
Percentage |
7% |
7% |
6% |
5% |
4% |
3% |
2% |
0% |
Earnings are not subject to the CDSC, but may not be distributed prior to the distribution of
all purchase payments. (For tax purposes, a withdrawal is usually treated as a withdrawal of earnings first.)
The CDSC is used to cover sales expenses, including commissions, production of sales material, and other promotional
expenses. If expenses are greater than the CDSC, the shortfall will be made up from Nationwide’s general assets, which may indirectly include portions of the Variable Account charges, since Nationwide may generate a profit from these
charges.
All or a portion of any withdrawal may be subject to federal income taxes. Contract Owners
taking withdrawals before age 59½ may be subject to a 10% penalty tax.
Additional purchase payments applied to the contract after receiving the benefit associated with the Spousal Protection benefit are subject to the CDSC provisions of the contract. However, no CDSC will apply to purchase payments applied to the
contract before the death of the first spouse.
Waiver of Contingent Deferred Sales Charge
The maximum amount that can be withdrawn annually without a CDSC is the greatest of:
(1)
10% of purchase payments that are still subject to CDSC (which is equal to the total purchase
payments subject to CDSC minus purchase payments previously withdrawn that were subject to
CDSC);
(2)
any amount withdrawn to meet minimum distribution requirements for this contract under the
Internal Revenue Code; or
(3)
for those contracts with the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime
Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max, withdrawals up to the annual benefit amount.
This CDSC-free withdrawal
privilege is non-cumulative. Free amounts not taken during any given Contract Year cannot be taken as free amounts in a subsequent Contract Year.
Note: CDSC-free withdrawals do not count as "purchase payments previously withdrawn that were subject to
CDSC" and, therefore, do not reduce the amount used to calculate subsequent CDSC-free withdrawal amounts.
In addition, no CDSC will be deducted:
(1)
upon the annuitization of the contract;
(2)
upon payment of a death benefit; or
(3)
from any values which have been held under a contract for at least seven years.
20
No CDSC applies to transfers between or among the
various investment options in the contract.
A contract held by a Charitable
Remainder Trust (within the meaning of Internal Revenue Code Section 664) may withdraw the greater of (i) the amount available under the CDSC-free withdrawal privilege described
above, and (ii) the difference between:
(a)
the Contract Value at the close of the day prior to the date of the withdrawal; and
(b)
the total purchase payments made to the contract as of the date of the withdrawal (less an
adjustment for amounts previously withdrawn).
The CDSC will not be eliminated if
to do so would be unfairly discriminatory or prohibited by state law.
The
CDSC-free withdrawal privilege does not apply to full surrenders of the contract. For purposes of the CDSC-free withdrawal privilege, a full surrender is:
•
multiple withdrawals taken within a Contract Year that deplete the entire Contract Value;
or
•
any single net withdrawal of 90% or more of the Contract Value.
Premium
Taxes
The state or other governmental entities charge premium tax on
purchase payments. Nationwide will charge against the Contract Value any premium taxes levied by a state or other government entity. The premium tax rate is currently 0%. This
rate is subject to change. Nationwide will assess premium taxes to the contract at the time Nationwide is assessed the premium taxes by the state. Premium taxes may be deducted from death benefit proceeds.
Return of Premium Death Benefit Option
For an additional charge at an annualized rate of 0.10% of the Daily Net Assets, an applicant can elect the Return of
Premium Death Benefit Option. The Return of Premium Death Benefit Option is generally described as the greater of
Contract Value or net purchase payments. The charge will be assessed until annuitization. For more detailed information about this option, see Benefits Under the Contract. Nationwide may realize a profit from this charge.
Return of Premium Death Benefit Option with Spousal Protection
For an additional charge at an annualized rate of 0.20% of the Daily Net
Assets, an applicant can elect the Return of Premium Death Benefit Option with Spousal Protection. The Return of Premium Death Benefit Option with Spousal Protection is generally described as the greater of Contract Value or net purchase payments and includes the Spousal
Protection benefit. The charge will be assessed until annuitization. For more detailed information about this option, see Benefits Under the Contract. Nationwide may realize a profit from this charge.
Highest Anniversary Value Death Benefit Option
For an additional charge at an annualized rate of 0.40% of the Daily Net Assets, an applicant can elect the Highest
Anniversary Value Death Benefit Option. The Highest Anniversary Value Death Benefit Option is generally described as the greatest of Contract Value, net purchase payments, and highest Contract Value on any Contract Anniversary before
Annuitant’s 86th birthday. The charge will be assessed until annuitization. For more detailed information about this option, see Benefits Under the Contract. Nationwide may realize a profit from this charge.
Highest Anniversary Value Death Benefit Option with Spousal
Protection
For an additional charge at an annualized rate of 0.50% of the Daily Net Assets, an applicant can elect the Highest
Anniversary Value Death Benefit Option with Spousal Protection. The Highest Anniversary Value Death Benefit Option with Spousal Protection is generally described as the greatest of Contract Value, net purchase payments, and highest
Contract Value on any Contract Anniversary before Annuitant’s 86th birthday, and includes the Spousal Protection benefit. The charge will be assessed until annuitization. For more detailed
information about this option, see Benefits Under the Contract. Nationwide may realize a profit from this charge.
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Nationwide Lifetime Income Rider
Plus Empire
The Nationwide Lifetime Income Rider Plus Empire is available for contracts with applications signed on or after October 16,
2023 and is a living benefit option that provide for Lifetime Withdrawals, up to a certain amount each calendar year, even after the Contract Value is $0, provided that the
Contract Owner does not deplete the Current Income Benefit Base by taking excess withdrawals.
The charge for the Nationwide Lifetime Income Rider Plus Empire will not
exceed 1.60% of the Current Income Benefit Base. Currently, the charge for the Nationwide Lifetime Income Rider Plus Empire is 1.45% of the Current Income Benefit Base. The current charge will not change, except, possibly, upon the Contract Owner’s election to reset the benefit base. If the current charge does change, it will not exceed the maximum charge of 1.60% of the Current Income Benefit Base.
The charge will be assessed on each Contract Anniversary and will be deducted via redemption of Accumulation Units. The charge will be assessed until annuitization. A prorated charge will also be deducted upon full surrender of the
contract. Accumulation Units will be redeemed proportionally from each Sub-Account in which the Contract Owner is
invested at the time the charge is taken. For more detailed information about this option, see
Benefits Under the Contract. Nationwide may realize a profit from this charge.
Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus
Accelerated, and Nationwide Lifetime Income Rider Plus Max
The Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime
Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max (collectively, the "Nationwide L.inc Plus" or "Nationwide L.inc+" Riders) are living benefit options that provide for Lifetime Withdrawals, up to a certain amount each calendar year, even after the Contract Value is
$0, provided that the Contract Owner does not deplete the Current Income Benefit Base by taking excess withdrawals. The Nationwide L.inc Plus Riders are substantially similar, but have varying Roll-up Interest Rates, Roll-up Crediting
Periods, Lifetime Withdrawal Percentages, and/or permitted investment options. The Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max are not
available for election for contracts with applications signed on or after October 16, 2023.
For an additional charge not to exceed 1.50% of the Current Income
Benefit Base, an applicant can elect one of the available Nationwide L.inc Plus Riders. Currently, the charge for the Nationwide L.inc Plus Riders is 1.30% of the Current Income Benefit Base. The current charge will not change, except, possibly, upon the Contract Owner’s election to reset the benefit base. If the current charge does change, it will not exceed the maximum charge of 1.50% of the Current Income
Benefit Base.
The charge will be assessed on each Contract Anniversary and will be deducted via redemption
of Accumulation Units. The charge will be assessed until annuitization. A prorated charge will also be deducted upon full surrender of the contract. Accumulation Units will be redeemed proportionally from each Sub-Account in which the Contract Owner is invested
at the time the charge is taken. For more detailed information about this option, see Benefits Under the Contract. Nationwide may realize a profit from this charge.
Joint Option for the Nationwide Lifetime Income Rider Plus Empire
For an additional charge not to exceed 0.30% of the Current Income Benefit Base, if the applicant elected Nationwide
Lifetime Income Rider Plus Empire, an applicant can elect the Joint Option for the Nationwide Lifetime Income Rider Plus Empire ("Joint Option"). The current charge for the Joint Option is 0.15% of the Current Income Benefit Base and the
Lifetime Withdrawal Percentages may be lower than if the Joint Option was not elected.
The Joint Option allows a surviving spouse to continue to receive, for
the duration of his/her lifetime, the benefit associated with the Nationwide Lifetime Income Rider Plus Empire, provided that certain conditions are satisfied. For more detailed information about this option, see Benefits Under the Contract. Nationwide may realize a profit from this charge.
Joint Option for the Nationwide Lifetime Income Rider Plus Core, Joint Option for the
Nationwide Lifetime Income Rider Plus Accelerated, and Joint Option for the
Nationwide Lifetime Income Rider Plus Max
For an additional charge not to exceed 0.40% of the Current Income Benefit Base, if
the applicant elected Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max, an applicant can elect the Joint Option for the Nationwide Lifetime Income Rider Plus Core, Joint Option
22
for the Nationwide Lifetime Income Rider Plus
Accelerated, or Joint Option for the Nationwide Lifetime Income Rider Plus Max (each the "Joint Option"). The current charge for the Joint Option is 0.30% of the Current Income
Benefit Base and the Lifetime Withdrawal Percentages will be lower than if the Joint Option was not elected. These Joint Options are no longer available for election for Contracts with applications signed on or after October 16, 2023.
The Joint Option allows a surviving spouse to continue to receive, for the
duration of his/her lifetime, the benefit associated with the corresponding Nationwide L.inc Plus Rider, provided that certain conditions are satisfied. For more detailed information about this option, see Benefits Under the Contract. Nationwide may realize a profit from this charge.
Underlying Mutual Fund Charges
In addition to the charges indicated above, the underlying mutual funds in which the
Sub-Accounts invest have their own fees and charges which are paid out of the assets of the underlying mutual fund. More information about the fees and charges of the underlying mutual funds can be found in the prospectus for each underlying mutual fund which can be obtained
free of charge by visiting the website listed in Appendix A: Investment Options Available
Under the Contract or contacting Nationwide’s Service Center.
Profitability
Nationwide does consider profitability when determining the charges in the contract. In early Contract Years, Nationwide
does not anticipate earning a profit, since that is a time when administrative and distribution expenses are typically higher. Nationwide does, however, anticipate earning a profit in later Contract Years. In general, Nationwide’s profit will be greater the higher the investment return and the longer the contract is held.
The Contract in General
Types of Contracts Issued
The contracts can be categorized as:
•
Charitable Remainder Trusts
•
Individual Retirement Annuities ("IRAs")
•
Investment-Only Contracts (Qualified Plans)
•
Non-Qualified Contracts
•
Roth IRAs
•
Simplified Employee Pension IRAs ("SEP IRAs")
•
Simple IRAs
For more detailed information about the differences in contract types, see Appendix B: Contract Types and
Tax Information.
Prospective purchasers may apply to purchase a contract through broker dealers that have
entered into a selling agreement with Nationwide Investment Services Corporation.
Minimum Initial and Subsequent Purchase
Payments
All purchase payments must be paid in the currency of the United
States of America. The minimum initial purchase payment is $15,000. A Contract Owner will meet the minimum initial purchase
payment requirement if purchase payments equal to the required minimum are made over the course of the first
Contract Year. The minimum subsequent purchase payment is $500, including for subsequent purchase payments sent via electronic
deposit.
Some optional benefits may restrict the Contract Owner's ability to make subsequent purchase payments.
Nationwide reserves the right to refuse any purchase payment that would result in the cumulative total for all contracts issued by Nationwide or its affiliates or subsidiaries on the life of any one Annuitant or owned by any one Contract Owner to exceed $1,000,000. Its decision as to whether or not to accept a purchase payment in excess of that amount will be based on one or more factors, including, but not limited to: age, spouse age (if applicable),
Annuitant age, state of
issue, total purchase payments, optional benefits elected, current market conditions, and current hedging
23
costs. All such decisions will be based on
internally established actuarial guidelines and will be applied in a non-discriminatory manner. In the event that
Nationwide does not accept a purchase payment under these guidelines, the purchase payment will be immediately returned in its entirety in the same manner as it was received. If Nationwide accepts the purchase payment, it will be applied to the contract immediately and will receive the next
calculated Accumulation Unit value. Any references in this prospectus to purchase payment amounts in excess of $1,000,000 are assumed to have been approved by
Nationwide.
Nationwide prohibits subsequent purchase payments made after death of the Contract Owner(s), the Annuitant, or Co-Annuitant. If upon notification of death of the Contract Owner(s), the Annuitant, or Co-Annuitant, it is determined that death
occurred prior to a subsequent purchase payment being made, Nationwide reserves the right to return the purchase payment.
Dollar Limit Restrictions
Certain features of the contract have additional purchase payment and/or Contract Value limitations associated with them:
Annuitization. Annuity payment options will be limited if the Contract Owner submits total purchase payments in excess of $2,000,000. Furthermore, if the amount to be annuitized is greater than $5,000,000, Nationwide may limit both the amount that can be annuitized on a single life and the annuity payment options (see Annuity Payment Options).
Death Benefit Calculations. Purchase payments up to $3,000,000 may result in a higher death benefit payment than purchase payments in excess of
$3,000,000 (see Death Benefit Calculations).
Subsequent Purchase Payments.
If the Contract Owner elects the
Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core,
Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max, Nationwide reserves the right to refuse any subsequent purchase payments (see the Nationwide Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max provision). Contract Owners should consider this reservation of
right when making the initial purchase payment.
Money
Laundering
In order to comply with the USA PATRIOT Act and rules promulgated thereunder, Nationwide has implemented procedures designed
to prevent contracts described in this prospectus from being used to facilitate money laundering or the financing of terrorist activities. If mandated under applicable law,
Nationwide may be required to reject a purchase payment and/or block a Contract Owner's account and thereby refuse to process any request for transfers, withdrawals, surrenders,
loans, or death benefits until instructions are received from the appropriate regulators. Nationwide may also be required to provide additional information about a Contract Owner or a Contract Owner's account to governmental regulators.
Replacements
If the contract described in this prospectus is replacing another variable annuity, the mortality tables used to determine the
amount of annuity payments for this contract may be less favorable than those in the contract being replaced. Additionally, upon replacement, all benefits accrued under the replaced contract are forfeited. The issuance of this contract as a
replacement for any investment product may result in the payment of compensation to the financial professional, which could create a conflict of interest.
Contestability
Except with respect to statements relating to age, sex, and identity, Nationwide will not
contest the contract after it has been in force during the lifetime of the Annuitant for two years after the date of contract issuance.
Payments to Minors
Nationwide will not pay insurance proceeds directly to minors. Contact a legal advisor for options to facilitate the timely
availability of monies intended for a minor’s benefit.
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Contract Misuse
The annuity described in this prospectus is intended to provide benefits to the individual(s) named in the contract and any
named beneficiaries. It is not intended to be used by institutional investors, in connection with other Nationwide contracts that have the same Annuitant, or in connection with other Nationwide contracts that have different Annuitants, but the same
Contract Owner. If Nationwide determines that the risks it intended to assume in issuing the contract have been altered by misusing the contract as described above, Nationwide
reserves the right to take any action it deems necessary to reduce or eliminate the altered risk. Nationwide also reserves the right to take any action it deems necessary to reduce
or eliminate altered risk resulting from materially false, misleading, incomplete, or otherwise deficient information provided by the Contract Owner.
Nationwide's General Account Obligations
Nationwide is obligated to pay all amounts promised to Contract Owners under the contract.
Any obligations Nationwide has to Contract Owners under the contracts in excess of the Contract Value are paid from the General Account and are subject to Nationwide's creditors and ultimately, its overall claims paying ability.
Contractual Guarantees
These contracts are offered to customers of various financial institutions and
brokerage firms. No financial institution or brokerage firm is responsible for any of the contractual insurance benefits and features guaranteed under the contracts. These guarantees are the sole responsibility of Nationwide.
Reservation of Rights
In addition to rights that Nationwide specifically reserves elsewhere in this prospectus,
Nationwide reserves the right, subject to any applicable regulatory approvals, to perform any or all of the following:
•
close Sub-Accounts to additional purchase payments on existing contracts or close Sub-Accounts
for contracts purchased on or after specified dates. Changes of this nature will be made as directed by the underlying mutual funds or because Nationwide determines that the underlying mutual fund is no longer suitable (see
Underlying Mutual Fund Service Fee Payments);
•
make changes required by any change in the federal securities laws, including, but not limited
to, the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, or any other changes to the Securities and Exchange Commission’s rules and regulations thereunder or interpretation
thereof;
•
make any changes necessary to maintain the status of the contracts as annuities under the
Internal Revenue Code;
•
make any changes required by federal or state laws with respect to annuity contracts; and
•
suspend or discontinue sale of the contracts. The decision to suspend or discontinue sale of the contracts is made at
Nationwide's discretion. Any decision of this nature would not impact current Contract Owners.
Contract Owners will be notified of any resulting changes by way of a
supplement to the prospectus.
Distribution,
Promotional, and Sales Expenses
Nationwide pays commissions to the firms that sell the contracts. The maximum gross commission that Nationwide will pay on the sale of the contracts is 6.50% of purchase payments. Note: The individual financial professionals typically receive only a portion of this amount; the remainder is retained by the
firm. Nationwide may also, instead of a premium-based commission, pay an asset-based commission (sometimes referred to as "trails" or "residuals"), or a combination of the two.
For more
information on the exact compensation arrangement associated with this contract, consult your sales representative.
25
Underlying Mutual Fund Service
Fee Payments
Nationwide’s Relationship with the Underlying Mutual Funds
The underlying mutual funds incur expenses each time they sell, administer, or redeem their shares. The Variable Account
aggregates Contract Owner purchase, redemption, and transfer requests and submits net or aggregated purchase/redemption requests to each underlying mutual fund on each Valuation Date. The Variable Account (not the Contract Owners) is the
underlying mutual fund shareholder. When the Variable Account aggregates transactions, the underlying mutual fund does not incur the expense of processing individual transactions
it would normally incur if it sold its shares directly to the public. Nationwide incurs these expenses instead.
Nationwide also incurs the distribution costs of selling the contract (as discussed above), which benefit the underlying mutual funds by providing Contract Owners with Sub-Account options that correspond to the underlying mutual funds.
An investment adviser or subadviser of an underlying mutual fund or its affiliates may provide Nationwide or its affiliates with wholesaling services that assist in the distribution of the contract and may pay Nationwide or its affiliates to
participate in educational and/or marketing activities. These activities may provide the adviser or subadviser (or their affiliates) with increased exposure to persons involved in the distribution of the contract.
Types of Payments Nationwide Receives
In light of the above, the underlying mutual funds and their affiliates make certain payments to Nationwide or its affiliates
(the "payments"). The amount of these payments is typically based on a percentage of assets invested in the underlying mutual funds attributable to the contracts and other variable contracts Nationwide and its affiliates issue, but in some
cases may involve a flat fee. These payments are made for various purposes, including payments for the services
provided and expenses incurred by the Nationwide companies in promoting, marketing and administering the contracts and underlying funds. Nationwide may realize a profit on the payments received.
Nationwide or its affiliates receive the following types of payments:
•
Underlying mutual fund 12b-1 fees, which are deducted from underlying mutual fund
assets;
•
Sub-transfer agent fees or fees pursuant to administrative service plans adopted by the
underlying mutual fund, which may be deducted from underlying mutual fund assets; and
•
Payments by an underlying mutual fund’s adviser or subadviser (or its affiliates), from their own revenues. Such
payments are not from underlying mutual fund assets. However, the revenues from which such payments are made
may be derived from advisory fees, which are deducted from underlying mutual fund assets and are reflected in mutual fund charges.
Furthermore, Nationwide benefits from assets invested in Nationwide’s affiliated underlying mutual funds (i.e., Nationwide Variable Insurance
Trust) because its affiliates also receive compensation from the underlying mutual funds for investment advisory, administrative, transfer agency, distribution, and/or other
services provided. Thus, Nationwide may receive more revenue with respect to affiliated underlying mutual funds than unaffiliated underlying mutual funds.
Nationwide took into consideration the anticipated mutual fund service fee payments from the underlying mutual funds when it determined the charges imposed under the contracts. Without these mutual fund service fee payments, Nationwide would
have imposed higher charges under the contract.
Amount of Payments Nationwide
Receives
For the year end December 31, 2025, the underlying mutual fund service fee payments Nationwide and its affiliates received from the underlying mutual funds
did not exceed 0.75% (as a percentage of the average Daily Net Assets invested in the underlying mutual funds) offered through the contract or other variable contracts that
Nationwide and its affiliates issue. Payments from investment advisers or subadvisers to participate in educational and/or marketing activities have not been taken into account in this percentage.
Most underlying mutual funds or their affiliates have agreed to make payments to Nationwide
or its affiliates, although the applicable percentages may vary from underlying mutual fund to underlying mutual fund and some may not make any payments at all. Because the amount of the actual payments Nationwide and its affiliates receive depends on the assets of
the underlying mutual funds attributable to the contract, Nationwide and its affiliates may receive higher payments from underlying mutual funds with lower percentages (but greater
assets) than from underlying mutual funds that have higher percentages (but fewer assets).
26
For contracts owned by an employer sponsored
retirement plan subject to ERISA, upon a plan trustee’s request, Nationwide will provide a best estimate of plan-specific, aggregate data regarding the amount of underlying
mutual fund service fee payments Nationwide received in connection with the plan’s investments either for the previous calendar year or plan year, if the plan year is not the same as the calendar year.
Identification of Underlying Mutual Funds
Nationwide may consider several criteria when identifying the underlying mutual funds, including some or all of the
following: investment objectives, investment process, risk characteristics, investment capabilities, experience and resources, investment consistency, fund expenses, asset class coverage, the alignment of the investment objectives of the
underlying mutual fund with Nationwide’s hedging strategy, the strength of the adviser’s or subadviser’s reputation and tenure, brand recognition, and the capability and qualification of each investment firm. Other factors Nationwide may
consider during the identification process are: whether the underlying mutual fund’s adviser or subadviser is a Nationwide affiliate; whether the underlying mutual fund or its service providers (e.g. the investment adviser or subadvisers), or its
affiliates will make mutual fund service fee payments to Nationwide or its affiliates in connection with certain
administrative, marketing, and support services; or whether affiliates of the underlying mutual fund can provide marketing and distribution support for sales of the contracts. For additional information on these arrangements, see above. Nationwide reviews
the funds periodically and may remove a fund or limit its availability to new contributions and/or transfers of account value if Nationwide determines that a fund no longer
satisfies one or more of the selection criteria, and/or if the fund has not attracted significant allocations from Contract Owners.
Nationwide does not recommend or endorse any particular fund and it does not provide investment advice.
There may be underlying mutual funds with lower fees and expenses, as well as other variable contracts that offer underlying mutual funds with lower fees and expenses. The purchaser should consider all of the fees and charges of the
contract in relation to its features and benefits when making a decision to invest.
Note: Higher contract and underlying mutual fund fees and expenses have a direct effect on and may lower investment performance.
Treatment of Unclaimed 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 contract's Annuity Commencement Date or the date Nationwide becomes informed that a death benefit is due and payable. For example, if the payment of a death benefit has been triggered, but, if
after a thorough search, Nationwide is 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 surrendered and placed in a
non-interest bearing account. While in the non-interest bearing account, Nationwide will continue to perform due diligence required by state law. Once the state mandated period has expired, Nationwide will escheat the death benefit to the
abandoned property division or unclaimed property office of the state in which the beneficiary or the Contract Owner last resided, as shown on Nationwide's books and records, or to Ohio, Nationwide's state of domicile. If a claim is subsequently
made, the state is obligated to pay any such amount (without interest) to the designated recipient upon presentation of proper documentation.
To prevent escheatment, it is important to update beneficiary designations - including complete names, complete addresses, phone numbers, and social security numbers - as they change. Such updates should be sent to the Service
Center.
Benefits Under the Contract
The following tables summarize information about the benefits under the
contract. The Standard Benefits table indicates the benefits that are available under the contract and for
which there is no additional charge. The Optional Benefits table indicates the benefits that are (or were) available under the contract that are optional – they must be
affirmatively elected by the applicant and may have an additional charge. The availability of contract benefits
may vary depending on the broker-dealer through which the contract is sold (see Appendix G:
Financial Intermediary Variations).
27
Standard Benefits Table
| Name of Benefit |
Purpose |
Maximum
Fee |
Brief Description of Restrictions/Limitations
|
| Standard Death Benefit |
Death benefit upon
death of Annuitant prior
to Annuitization |
None |
● Certain ownership changes and assignments could reduce the death benefit ● Nationwide may limit purchase payments to
$1,000,000 |
| Asset Rebalancing (see
Contract Owner
Services) |
Automatic reallocation
of assets on a
predetermined
percentage basis |
None |
|
| Dollar Cost Averaging
(see Contract Owner Services) |
Long-term transfer
program involving
automatic transfer of
assets |
None |
● Transfers are only permitted from a limited number of Sub-Accounts |
| Systematic Withdrawals
(see Contract Owner Services) |
Automatic withdrawals
of Contract Value on a
periodic basis |
None |
● Withdrawals must be at least $100 each |
| Custom Choice Asset
Rebalancing Service
(see Contract Owner Services) |
Customizable asset
allocation tool with
automatic reallocation
on a periodic basis |
None |
● Only available for contracts that elect Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max ● During the program, cannot participate in other
asset allocation or asset rebalancing programs
● Allocation limitations exist based on asset class |
| Static Asset Allocation
Model (see Contract Owner Services) |
Preset asset allocation
models with periodic
rebalancing |
None |
● Only available for contracts that elect a living
benefit
● Availability may be restricted based on the living benefit elected ● The entire Contract Value must be allocated to the
elected model |
Optional Benefits Table
| Name of Benefit |
Purpose |
Maximum
Fee |
Current Fee |
Brief Description of Restrictions/
Limitations |
| Return of Premium
Death Benefit Option |
Enhanced death benefit |
0.10% (Daily Net Assets) |
0.10% (Daily Net Assets) |
● Annuitant must be 85 or younger at
application
● May not be elected if another death benefit option is elected ● Must be elected at application
● Election is irrevocable ● Nationwide may limit purchase
payments to $1,000,000
● Death benefit calculation is adjusted if purchase payments exceed $3,000,000 |
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| Name of Benefit |
Purpose |
Maximum
Fee |
Current Fee |
Brief Description of Restrictions/
Limitations |
| Return of Premium
Death Benefit Option
with Spousal Protection |
Enhanced death benefit |
0.20% (Daily Net Assets) |
0.20% (Daily Net Assets) |
● Annuitant must be 85 or younger at application ● May not be elected if another death
benefit option is elected
● Must be elected at application ● Election is irrevocable
● Nationwide may limit purchase payments to $1,000,000 ● Death benefit calculation is adjusted
if purchase payments exceed
$3,000,000
Spousal Protection:
● Not applicable to Charitable Remainder Trusts ● One or both spouses (or a revocable
trust of which either or both of the
spouses is/are grantor(s)) must be
named as the Contract Owner
● For contracts issued as an IRA or Roth IRA, only the person for whom the IRA or Roth IRA was established may be named as the Contract Owner ● Only available to Contract Owner’s
spouse
● Spouses must be Co-Annuitants ● Both spouses must be 85 or younger
at contract issuance
● Spouses must be named as beneficiaries ● No other person may be named as
Contract Owner, Annuitant, or
primary beneficiary
● Benefit is forfeited if certain changes to the parties are made |
| Highest Anniversary
Value Death Benefit
Option |
Enhanced death benefit |
0.40% (Daily Net Assets) |
0.40% (Daily Net Assets) |
● Annuitant must be 80 or younger at
application
● May not be elected if another death benefit option is elected ● Must be elected at application
● Election is irrevocable ● Nationwide may limit purchase
payments to $1,000,000
● Death benefit calculation is adjusted if purchase payments exceed $3,000,000 |
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| Name of Benefit |
Purpose |
Maximum
Fee |
Current Fee |
Brief Description of Restrictions/
Limitations |
| Highest Anniversary
Value Death Benefit
Option with Spousal
Protection |
Enhanced death benefit |
0.50% (Daily Net Assets) |
0.50% (Daily Net Assets) |
● Annuitant must be 80 or younger at application ● May not be elected if another death
benefit option is elected
● Must be elected at application ● Election is irrevocable
● Nationwide may limit purchase payments to $1,000,000 ● Death benefit calculation is adjusted
if purchase payments exceed
$3,000,000
Spousal Protection:
● Not applicable to Charitable Remainder Trusts ● One or both spouses (or a revocable
trust of which either or both of the
spouses is/are grantor(s)) must be
named as the Contract Owner
● For contracts issued as an IRA or Roth IRA, only the person for whom the IRA or Roth IRA was established may be named as the Contract Owner ● Only available to Contract Owner’s
spouse
● Spouses must be Co-Annuitants ● Both spouses must be 80 or younger
at contract issuance
● Spouses must be named as beneficiaries ● No other person may be named as
Contract Owner, Annuitant, or
primary beneficiary
● Benefit is forfeited if certain changes to the parties are made |
| Nationwide Lifetime
Income Rider Plus
Empire |
Guaranteed lifetime
income stream |
1.60% (Current Income Benefit Base) |
1.45% (Current Income Benefit Base) |
● Available for contracts with
applications signed on or after
October 16, 2023
● May not be elected if another living benefit is elected ● Must be elected at application
● Election is irrevocable ● Not available for beneficially owned
contracts
● Investment limitations ● Current charge could change
● Nationwide may limit subsequent purchase payments ● Determining life must be between 50
and 85 at application
● Determining life cannot be changed ● Restrictions exist on the parties
named to the contract |
30
| Name of Benefit |
Purpose |
Maximum
Fee |
Current Fee |
Brief Description of Restrictions/
Limitations |
| Joint Option for the
Nationwide Lifetime
Income Rider Plus
Empire |
Extension of
guaranteed lifetime
income stream for
spouse |
0.30% (Current Income Benefit Base) |
0.15% (Current Income Benefit Base) |
● Available for contracts with applications signed on or after October 16, 2023 ● Only available if the Nationwide
Lifetime Income Rider Plus Empire
option is elected
● Must be elected at application ● Limitations on revocability
● Not available for beneficially owned contracts ● Not available for Charitable
Remainder Trusts
● Only available to Contract Owner’s spouse ● Both spouses must be between 50
and 85 at application
● Restrictions exist on the parties named to the contract ● Current charge could change |
| Nationwide Lifetime
Income Rider Plus Core |
Guaranteed lifetime
income stream |
1.50% (Current Income Benefit Base) |
1.30% (Current Income Benefit Base) |
● No longer available for election for contracts with applications signed on or after October 16, 2023 ● May not be elected if another living
benefit is elected
● Must be elected at application ● Election is irrevocable
● Not available for beneficially owned contracts ● Investment limitations
● Current charge could change ● Nationwide may limit subsequent
purchase payments
● Determining life must be between 50 and 85 at application ● Determining life cannot be changed
● Restrictions exist on the parties named to the contract |
| Joint Option for the
Nationwide Lifetime
Income Rider Plus Core |
Extension of
guaranteed lifetime
income stream for
spouse |
0.40% (Current Income Benefit Base) |
0.30% (Current Income Benefit Base) |
● No longer available for election for
contracts with applications signed on
or after October 16, 2023
● Only available if the Nationwide Lifetime Income Rider Plus Core option is elected ● Must be elected at application
● Limitations on revocability ● Not available for beneficially owned
contracts
● Not available for Charitable Remainder Trusts ● Only available to Contract Owner’s
spouse
● Both spouses must be between 50 and 85 at application ● Restrictions exist on the parties
named to the contract |
31
| Name of Benefit |
Purpose |
Maximum
Fee |
Current Fee |
Brief Description of Restrictions/
Limitations |
| Nationwide Lifetime
Income Rider Plus
Accelerated |
Guaranteed lifetime
income stream |
1.50% (Current Income Benefit Base) |
1.30% (Current Income Benefit Base) |
● No longer available for election for contracts with applications signed on or after October 16, 2023 ● May not be elected if another living
benefit is elected
● Must be elected at application ● Election is irrevocable
● Not available for beneficially owned contracts ● Investment limitations
● Current charge could change ● Nationwide may limit subsequent
purchase payments
● Determining life must be between 50 and 85 at application ● Determining life cannot be changed
● Restrictions exist on the parties named to the contract |
| Joint Option for the
Nationwide Lifetime
Income Rider Plus
Accelerated |
Extension of
guaranteed lifetime
income stream for
spouse |
0.40% (Current Income Benefit Base) |
0.30% (Current Income Benefit Base) |
● No longer available for election for contracts with applications signed on or after October 16, 2023 ● Only available if the Nationwide
Lifetime Income Rider Plus
Accelerated option is elected
● Must be elected at application ● Limitations on revocability
● Not available for beneficially owned contracts ● Not available for Charitable
Remainder Trusts
● Only available to Contract Owner’s spouse ● Both spouses must be between 50
and 85 at application
● Restrictions exist on the parties named to the contract |
| Nationwide Lifetime
Income Rider Plus Max |
Guaranteed lifetime
income stream |
1.50% (Current Income Benefit Base) |
1.30% (Current Income Benefit Base) |
● No longer available for election for
contracts with applications signed on
or after October 16, 2023
● May not be elected if another living benefit is elected ● Must be elected at application
● Election is irrevocable ● Not available for beneficially owned
contracts
● Investment limitations ● Current charge could change
● Nationwide may limit subsequent purchase payments ● Determining life must be between 50
and 85 at application
● Determining life cannot be changed ● Restrictions exist on the parties
named to the contract |
32
| Name of Benefit |
Purpose |
Maximum
Fee |
Current Fee |
Brief Description of Restrictions/
Limitations |
| Joint Option for the
Nationwide Lifetime
Income Rider Plus Max |
Extension of
guaranteed lifetime
income stream for
spouse |
0.40% (Current Income Benefit Base) |
0.30% (Current Income Benefit Base) |
● No longer available for election for
contracts with applications signed on
or after October 16, 2023
● Only available if the Nationwide Lifetime Income Rider Plus Max option is elected ● Must be elected at application
● Limitations on revocability ● Not available for beneficially owned
contracts
● Not available for Charitable Remainder Trusts ● Only available to Contract Owner’s
spouse
● Both spouses must be between 50 and 85 at application ● Restrictions exist on the parties
named to the contract |
Standard Death Benefit (Return of Contract Value)
If the Annuitant dies prior to the Annuitization Date, the death benefit will be the Contract
Value.
| Example: |
| On June 1, which is before her Annuitization Date, Ms. P passes away. She has elected the
standard death benefit. On the date of Ms. P’s death, her Contract Value =
$24,000. The death benefit for Ms. P’s contract will equal
$24,000. |
Return of Premium
Death Benefit Option
For an additional charge at an annualized rate of
0.10% of the Daily Net Assets, an applicant can elect the Return of Premium Death Benefit Option (as used herein, "premium" means purchase payments made to the contract), which
provides a death benefit that is the greater of (i) Contract Value or (ii) purchase payments less an adjustment for withdrawals. The Return of Premium Death Benefit Option is only available for contracts with Annuitants age 85 or younger at
the time of application. This option must be elected at the time of application, and the option is irrevocable. The charge associated with this option is calculated and deducted
daily as part of the Accumulation Unit value calculation, and will be assessed until annuitization. Nationwide may realize a profit from the charge assessed for this option. This
option, and any charge associated with it, will automatically terminate on the Annuitization Date.
If the Annuitant dies prior to the Annuitization Date and the total of all purchase payments
made to the contract is less than or equal to $3,000,000, the death benefit will be the greater of:
(1)
the Contract Value; or
(2)
the total of all purchase payments, less an adjustment for amounts withdrawn.
33
Any adjustment for amounts withdrawn will reduce
the applicable factor above in the same proportion that the Contract Value was reduced on the date(s) of the partial withdrawal(s).
| Example: |
| On June 1, which is before her Annuitization Date, Ms. P passes away. She has elected the
Return of Premium Death Benefit Option. On the date of Ms. P’s death, her
Contract Value = $24,000 and her total purchase payments (adjusted for
amounts withdrawn) = $26,000. The death benefit for Ms. P’s
contract will equal $26,000. |
If the Annuitant
dies prior to the Annuitization Date and the total of all purchase payments made to the contract is greater than $3,000,000, the death benefit will be determined using the
following formula:
| (A x F) + B(1 - F), where | |||
| A |
= |
the greater of: | |
| |
|
(1) |
the Contract Value; or |
| |
|
(2) |
the total of all purchase payments, less an adjustment for amounts withdrawn. |
| B |
= |
the Contract Value; and | |
| F |
= |
the ratio of $3,000,000 to the total of all purchase payments made to the contract. | |
Any adjustment for amounts withdrawn will reduce the applicable factor above in the same
proportion that the Contract Value was reduced on the date(s) of the partial withdrawal(s).
The practical effect of this formula is that, in down markets, the beneficiary recovers a lesser percentage of purchase payments in excess of $3,000,000 than for purchase payments up to $3,000,000. In up markets, the formula is less likely to
have a negative effect. In no event will the beneficiary receive less than the Contract Value.
| Example: |
| On June 1, which is before her Annuitization Date, Ms. P passes away. She has elected the
Return of Premium Death Benefit Option. On the date of Ms. P’s death, her
Contract Value = $3,500,000, her total purchase payments (adjusted for
amounts withdrawn) = $4,000,000, and F = $3,000,000 / $4,000,000 or 0.75.
The death benefit for Ms. P’s contract is determined as
follows: |
| (A x F) + B(1 - F), which is |
| ($4,000,000 x 0.75) + $3,500,000(1 - 0.75), which is |
| $3,000,000 + $875,000 |
| The death benefit for Ms. P’s contract is $3,875,000. |
Return of Premium Death Benefit Option with Spousal Protection
For an additional charge at an annualized rate of 0.20% of the Daily Net Assets, an applicant
can elect the Return of Premium Death Benefit Option with Spousal Protection (as used herein, "premium" means purchase payments made to the contract), which provides a death benefit that is the greater of (i) Contract Value or (ii) purchase payments less an
adjustment for withdrawals. This option includes the Spousal Protection benefit, which allows a surviving spouse to continue the contract while receiving the economic benefit of the death benefit upon the death of the other spouse. The
Return of Premium Death Benefit Option with Spousal Protection is only available for contracts with Annuitants age 85 or younger at the time of application. This option must be elected at the time of application, and the option is irrevocable.
The charge associated with this option is calculated and deducted daily as part of the Accumulation Unit value calculation, and will be assessed until annuitization. Nationwide may realize a profit from the charge assessed for this option. This
option, and any charge associated with it, will automatically terminate on the Annuitization Date.
If the Annuitant dies prior to the Annuitization Date and the total of all purchase payments
made to the contract is less than or equal to $3,000,000, the death benefit will be the greater of:
(1)
the Contract Value; or
(2)
the total of all purchase payments, less an adjustment for amounts withdrawn.
34
Any adjustment for amounts withdrawn will reduce
the applicable factor above in the same proportion that the Contract Value was reduced on the date(s) of the partial withdrawal(s).
| Example: |
| On June 1, which is before her Annuitization Date, Ms. P passes away. She has elected the
Return of Premium Death Benefit Option with Spousal Protection. On the date of Ms.
P’s death, her Contract Value = $24,000 and her total purchase
payments (adjusted for amounts withdrawn) = $26,000. The death benefit
for Ms. P’s contract will equal $26,000. |
If the Annuitant dies prior to the Annuitization Date and the total of all purchase payments made to the contract is greater than $3,000,000, the death benefit will be determined using the following formula:
| (A x F) + B(1 - F), where | |||
| A |
= |
the greater of: | |
| |
|
(1) |
the Contract Value; or |
| |
|
(2) |
the total of all purchase payments, less an adjustment for amounts withdrawn. |
| B |
= |
the Contract Value; and | |
| F |
= |
the ratio of $3,000,000 to the total of all purchase payments made to the contract. | |
Any adjustment for amounts withdrawn will reduce the applicable factor above in the same
proportion that the Contract Value was reduced on the date(s) of the partial withdrawal(s).
The practical effect of this formula is that, in down markets, the beneficiary recovers a lesser percentage of purchase payments in excess of $3,000,000 than for purchase payments up to $3,000,000. In up markets, the formula is less likely to
have a negative effect. In no event will the beneficiary receive less than the Contract Value.
| Example: |
| On June 1, which is before her Annuitization Date, Ms. P passes away. She has elected the
Return of Premium Death Benefit Option with Spousal Protection. On the date of Ms.
P’s death, her Contract Value = $3,500,000, her total purchase
payments (adjusted for amounts withdrawn) = $4,000,000, and F =
$3,000,000 / $4,000,000 or 0.75. The death benefit for Ms. P’s
contract is determined as follows: |
| (A x F) + B(1 - F), which is |
| ($4,000,000 x 0.75) + $3,500,000(1 - 0.75), which is |
| $3,000,000 + $875,000 |
Highest Anniversary Value Death Benefit Option
For an additional charge at an annualized rate of 0.40% of the Daily Net Assets, an applicant can elect the Highest
Anniversary Value Death Benefit Option. The Highest Anniversary Value Death Benefit Option is only available for
contracts with Annuitants age 80 or younger at the time of application. This option must be elected at the time of application, and the option is irrevocable. The charge associated with this option is calculated and deducted daily as part
of the Accumulation Unit value calculation, and will be assessed until annuitization. Nationwide may realize a profit from the charge assessed for this option. This option, and any charge associated with it, will automatically terminate on the
Annuitization Date.
If the Annuitant dies before the Annuitization Date and the total of all purchase payments made to the contract is less than
or equal to $3,000,000, the death benefit will be the greatest of:
(1)
the Contract Value;
(2)
the total of all purchase payments, less an adjustment for amounts withdrawn; or
(3)
the highest Contract Value on any Contract Anniversary before the Annuitant’s 86th birthday, less an adjustment for amounts subsequently withdrawn, plus purchase payments received after that Contract Anniversary.
35
Any adjustment for amounts withdrawn will reduce
the applicable factor above in the same proportion that the Contract Value was reduced on the date(s) of the partial withdrawal(s).
| Example: |
| For an example of how the Highest Anniversary Value Death Benefit Option is calculated,
see Appendix D: Highest Anniversary Value Death Benefit Option Example |
If the Annuitant dies before the Annuitization Date and the total of all purchase payments
made to the contract is greater than $3,000,000, the death benefit will be determined using the following formula:
| A x F + B x (1 - F) Where: | |||
| A |
= |
The greatest of: | |
| |
|
(1) |
the Contract Value; |
| |
|
(2) |
the total of all purchase payments made to the contract, less an adjustment for amounts withdrawn; and |
| |
|
(3) |
the highest Contract Value on any Contract Anniversary before the Annuitant's 86th birthday, less an adjustment for
amounts subsequently withdrawn, plus purchase payments received after that Contract
Anniversary. |
| B |
= |
the Contract Value; | |
| F |
= |
the ratio of $3,000,000 to the total of all purchase payments made to the contract. | |
Any adjustment for amounts withdrawn will reduce the applicable factor above in the same
proportion that the Contract Value was reduced on the date(s) of the partial withdrawal(s).
The practical effect of this formula is that, in down markets, the beneficiary recovers a lesser percentage of purchase payments in excess of $3,000,000 than for purchase payments up to $3,000,000. In up markets, the formula is less likely to
have a negative effect. In no event will the beneficiary receive less than the Contract Value.
| Example: |
| On June 1, which is before her Annuitization Date, Ms. P passes away. She has elected the
Highest Anniversary Value Death Benefit Option. On the date of Ms. P’s death, her
Contract Value = $3,500,000, her total purchase payments = $4,000,000,
and A = $4,300,000. Therefore, F = $3,000,000 / $4,000,000 or 0.75, and
the death benefit for Ms. P’s contract is determined as
follows: |
| (A x F) + B(1 - F), which is |
| ($4,300,000 x 0.75) + $3,500,000(1 - 0.75), which is |
| $3,225,000 + $875,000 |
| The death benefit for Ms. P’s contract is $4,100,000. |
Highest Anniversary Value Death Benefit Option with Spousal Protection
For an additional charge at an annualized rate of 0.50% of the Daily Net Assets, an applicant
can elect the Highest Anniversary Value Death Benefit Option with Spousal Protection. This option includes the Spousal Protection benefit, which allows a surviving spouse to continue the contract while receiving the economic benefit of the death benefit upon the
death of the other spouse. The Highest Anniversary Value Death Benefit Option with Spousal Protection is only available for contracts with Annuitants age 80 or younger at the time
of application. This option must be elected at the time of application, and the option is irrevocable. The charge associated with this option is calculated and deducted daily
as part of the Accumulation Unit value calculation, and will be assessed until annuitization. Nationwide may realize a profit from the charge assessed for this option. This option, and any charge associated with it, will automatically terminate on
the Annuitization Date.
If the Annuitant dies before the Annuitization Date and the total of all purchase payments made to the contract is less than
or equal to $3,000,000, the death benefit will be the greatest of:
(1)
the Contract Value;
(2)
the total of all purchase payments, less an adjustment for amounts withdrawn; or
36
(3)
the highest Contract
Value on any Contract Anniversary before the Annuitant’s 86th birthday,
less an adjustment for amounts subsequently withdrawn, plus purchase payments received after that Contract Anniversary.
Any adjustment for amounts
withdrawn will reduce the applicable factor above in the same proportion that the Contract Value was reduced on the date(s) of the partial withdrawal(s).
| Example: |
| For an example of how the Highest Anniversary Value Death Benefit Option with Spousal
Protection is calculated, see Appendix E: Highest Anniversary Value Death Benefit Option with Spousal Protection Example |
If the Annuitant dies before the Annuitization Date and the total of all purchase payments made to the contract is greater than $3,000,000, the death benefit will be determined using the following formula:
| A x F + B x (1 - F) Where: | |||
| A |
= |
The greatest of: | |
| |
|
(1) |
the Contract Value; |
| |
|
(2) |
the total of all purchase payments made to the contract, less an adjustment for amounts withdrawn; and |
| |
|
(3) |
the highest Contract Value on any Contract Anniversary before the Annuitant's 86th birthday, less an adjustment for
amounts subsequently withdrawn, plus purchase payments received after that Contract
Anniversary. |
| B |
= |
the Contract Value; | |
| F |
= |
the ratio of $3,000,000 to the total of all purchase payments made to the contract. | |
Any adjustment for amounts withdrawn will reduce the applicable factor above in the same
proportion that the Contract Value was reduced on the date(s) of the partial withdrawal(s).
The practical effect of this formula is that, in down markets, the beneficiary recovers a lesser percentage of purchase payments in excess of $3,000,000 than for purchase payments up to $3,000,000. In up markets, the formula is less likely to
have a negative effect. In no event will the beneficiary receive less than the Contract Value.
| Example: |
| On June 1, which is before her Annuitization Date, Ms. P passes away. She has elected the
Highest Anniversary Value Death Benefit Option with Spousal Protection. On the date of
Ms. P’s death, her Contract Value = $3,500,000, her total purchase
payments = $4,000,000, and A = $4,300,000. Therefore, F = $3,000,000 /
$4,000,000 or 0.75, and the death benefit for Ms. P’s contract is
determined as follows: |
| (A x F) + B(1 - F), which is |
| ($4,300,000 x 0.75) + $3,500,000(1 - 0.75), which is |
| $3,225,000 + $875,000 |
| The death benefit for Ms. P’s contract is $4,100,000. |
Spousal Protection
A Spousal Protection benefit is available under the contract at the time of application, which allows a surviving spouse to
continue the contract while receiving the economic benefit of the death benefit upon the death of the other spouse. The Spousal Protection benefit is not available with the standard death benefit, and is not available for contracts issued as
Charitable Remainder Trusts. Once elected, the Spousal Protection benefit is irrevocable. There is an additional charge for the Spousal Protection benefit. Nationwide may realize a profit from the charge assessed for this option.
The benefit associated with the Spousal Protection benefit will be applied if the following conditions are met:
(1)
One or both spouses (or a revocable trust of which either or both of the spouses is/are
grantor(s)) must be named as the Contract Owner. For contracts issued as an IRA or Roth IRA, only the person for whom the IRA or Roth IRA was established may be named as the Contract Owner;
(2)
The spouses must be
Co-Annuitants;
37
(3)
Both spouses must meet
the age requirement for the respective death benefit option at the time of application (must be age 80 or younger for the Highest Anniversary Value Death Benefit Option with
Spousal Protection, or age 85 or younger for the Return of Premium Death Benefit Option with Spousal Protection);
(4)
Both spouses must be named as beneficiaries;
(5)
No person other than the spouse may be named as Contract Owner, Annuitant, or primary
beneficiary; and
(6)
If both spouses are alive upon annuitization, the Contract Owner must specify which spouse is
the Annuitant upon whose continuation of life any annuity payments involving life contingencies depend (for an IRA or Roth IRA contract, this person must be the Contract Owner).
If a Co-Annuitant dies before the
Annuitization Date, the surviving spouse may continue the contract as its sole Contract Owner. Additionally, if the death benefit value is higher than the Contract Value at the
time of the first Co-Annuitant's death, Nationwide will adjust the Contract Value to equal the death benefit value. The surviving Co-Annuitant may then name a new beneficiary but may not name another Co-Annuitant.
If the marriage of the Co-Annuitants terminates due to the death of a spouse, divorce,
dissolution, or annulment, the Spousal Protection benefit terminates and the Contract Owner is not permitted to cover a subsequent spouse.
| Example: |
| On June 1, which is before her Annuitization Date, Ms. P passes away. Her death benefit
contains the Spousal Protection benefit. The death benefit on Ms. P’s contract
equals $24,000. |
| Ms. P was married to Mr. P at the time of her death. Under the Spousal Protection benefit,
assuming all conditions were met, Mr. P has the option, instead of receiving the
$24,000 death benefit, to continue the contract as if it were his own. If
he elects to do so, the Contract Value, if it is lower than $24,000, will
be adjusted to equal the $24,000 death benefit. From that point forward,
the contract will be his and all provisions of the contract apply. Upon
Mr. P’s death, his beneficiary will then receive a death benefit equal to the elected death benefit under the contract. |
The Spousal Protection benefit may not apply if the Contract Owner changes the beneficiary. Contract Owners contemplating changes to their beneficiary should contact their financial professional to determine how the changes impact
the Spousal Protection benefit.
Additional purchase payments applied to
the contract after receiving the benefit associated with the Spousal Protection benefit are subject to the CDSC provisions of the contract. However, no CDSC will apply to purchase
payments applied to the contract before the death of the first spouse.
Nationwide Lifetime Income Rider Plus Empire
The Nationwide Lifetime Income Rider Plus Empire ("Nationwide L.inc Plus Empire Rider") provides for Lifetime Withdrawals,
up to a certain amount each calendar year, even after the Contract Value is $0, provided that the Contract Owner does not deplete the Current Income Benefit Base by taking excess
withdrawals. Investment restrictions apply. The age of the person upon which the benefit depends (the "determining life") must be between 50 and 85 years old at the time of application. For most contracts, the determining life is that of the Contract Owner. For those contracts where the
Contract Owner is a non-natural person, for purposes of this option, the determining life is that of the Annuitant, and all references in this option to "Contract Owner" shall mean Annuitant. If, in addition to the Annuitant, a Co-Annuitant or joint
annuitant has been elected, the determining life will be that of the primary Annuitant as named on the application. The determining life may not be changed.
Availability
For contracts with applications signed on or after October 16, 2023, Nationwide L.inc Plus Empire Rider is available under
the contract at the time of application. Only one optional living benefit may be elected. Once elected, the Nationwide L.inc Plus Empire Rider is irrevocable. The Nationwide L.inc Plus Empire Rider is not available on beneficially owned contracts
– those contracts that are inherited by a beneficiary and the beneficiary continues to hold the contract as a beneficiary (as opposed to treating the contract as his/her own) for tax purposes. However, if such contract becomes beneficially owned by
the spouse of the Contract Owner, and the Joint Option for the Nationwide Lifetime Income Plus Rider Empire is elected, then the spouse may keep the applicable Nationwide L.inc
Plus Empire Rider. However, once a contract becomes beneficially owned, the contract will not receive the benefit of the RMD privilege discussed later in this section.
38
Rider
Charge
In exchange for Lifetime Withdrawals, Nationwide will assess an annual charge not to exceed 1.60% of the Current Income
Benefit Base. Currently, the charge for the Nationwide L.inc Plus Empire Rider is 1.45% of the Current Income Benefit Base. The current charge will not change, except, possibly,
upon the Contract Owner’s election to reset the benefit base, as discussed herein. If the current charge does change, it will not exceed the maximum charge of 1.60% of the
Current Income Benefit Base.
The charge will be assessed on each Contract Anniversary and will be deducted via redemption
of Accumulation Units. The charge will be assessed until annuitization. A prorated charge will also be deducted upon full surrender of the contract. Accumulation Units will be redeemed proportionally from each Sub-Account in which the Contract Owner is invested
at the time the charge is taken. Amounts redeemed as the Nationwide L.inc Plus Empire Rider charge will not negatively impact calculations associated with other benefits elected or
available under the contract, will not be subject to a CDSC, and will not reduce amounts available under the CDSC-free withdrawal privilege.
Investment Restrictions
Election of the Nationwide L.inc Plus Empire Rider requires that the Contract
Owner, until annuitization, allocate the entire Contract Value to a limited set of investment options currently available in the contract, or if the Custom Choice Asset Rebalancing Service is elected (see Custom Choice Asset Rebalancing Service), all underlying mutual funds currently available in the contract are permitted subject to applicable allocation
limitations of Custom Choice. For the list of available investment options, see Appendix A:
Investment Options Available Under the Contract. Allocation requests to investment options other than those listed in the Appendix A: Investment Options Available Under the Contract section will not be honored; they will be treated as though no allocation request was submitted. Nationwide may offer Dollar Cost
Averaging for Living Benefits described in the Contract Owner Services provision.
Transfers Among Permitted Investment Options
The Contract Owner may reallocate the Contract Value among the limited set of investment options in accordance with the Transfers Prior to Annuitization provision. The Contract Owner may reallocate the Contract Value within
the Custom Choice Asset Rebalancing Service in accordance with that provision. Additionally, Contract Owners may change from the Custom Choice Asset Rebalancing Service to the permitted investment options, and vice versa.
Subsequent Purchase Payments
Currently, subsequent purchase payments are permitted under the Nationwide L.inc Plus Empire Rider as long as the Contract
Value is greater than $0. Any subsequent purchase payments will increase the Current Income Benefit Base by the amount of the purchase payment submitted.
Nationwide reserves the right to reject subsequent purchase payments in the event subsequent purchase payments create a financial risk that Nationwide is unwilling to bear. This reservation of right may limit
the amount a Contract Owner can invest in the contract. Contract Owners should consider this reservation of right when making the initial purchase payment. If Nationwide exercises this right to refuse purchase payments, the restriction will apply to all
Contract Owners who have purchased the Nationwide L.inc Plus Empire Rider, and the entire purchase payment will be immediately returned to the Contract Owner in the same form in which it was received. Generally, Nationwide may invoke this
right in times of economic instability in the United States economy. Nationwide will notify Contract Owners if subsequent purchase payments are no longer being accepted, and
Contract Owners may contact the Service Center to find out if Nationwide will accept subsequent purchase payments.
Rate Sheet Supplements for the Nationwide L.inc Plus Empire Rider
For contracts with applications signed on or after the date of the prospectus, the Roll-up Interest Rate, Roll-up Crediting
Period, and Lifetime Withdrawal Percentages are disclosed in the Rate Sheet Supplement that is attached to the front of this prospectus delivered to you. In order to receive the applicable Roll-up Interest Rate, Roll-up Crediting Period, and
Lifetime Withdrawal Percentages stated in a Rate Sheet Supplement, the application must be signed and received in good order by Nationwide within the period during which that Rate Sheet Supplement remains in effect. The Roll-up Interest Rate,
Roll-up Crediting Period, and Lifetime Withdrawal Percentages applicable in time periods other than the time period when the application is signed are not applicable to the
contract. However, as described in the Rate Sheet Supplement, in the event of an intervening Rate Sheet Supplement that increases the applicable Roll-up Interest Rate and/or
Lifetime Withdrawal Percentages after the date the application is signed, the new Rate Sheet Supplement in effect on the date the contract is issued may be applied to the contract. Nationwide reserves the right to change the Roll-up Interest Rate,
Roll-up Crediting Period, and Lifetime Withdrawal Percentages at any time; however, Nationwide will not change the Roll-up
39
Interest Rate, Roll-up Crediting Period, and
Lifetime Withdrawal Percentages for contracts once issued. You should not
purchase the contract without first obtaining the applicable Rate Sheet Supplement that contains the Roll-up Interest Rate, Roll-up Crediting Period, and Lifetime Withdrawal Percentages that are applicable at the time. All Rate
Sheet Supplements are available by contacting the Service Center, and also are available at
https://nationwide.onlineprospectus.net/NW/vaproducts/ or on the SEC’s EDGAR system at www.sec.gov (file
number: 333-235383).
For contracts with applications signed prior to the date of the prospectus, see Appendix C: Historical
Rates, Periods, and Percentages.
Determination of the Income Benefit Base Prior to the First Lifetime Withdrawal
Upon contract issuance, the Original Income Benefit Base is equal to the Contract Value. Thereafter, Nationwide tracks, on a
continuous basis, the Current Income Benefit Base which is used to calculate the benefit amount. The Current Income Benefit Base from the date of contract issuance until the first
Lifetime Withdrawal will reflect any additional purchase payments, Purchase Payment Credits, reset opportunities, and if elected, a Non-Lifetime Withdrawal, as described
below.
The Roll-up Interest Rate and Roll-up Crediting Period (discussed herein) are disclosed in the Rate Sheet Supplement that is
attached to the front of this prospectus delivered to you. For additional information on Rate Sheet Supplements, see above.
Provided no withdrawals are taken from the contract, the Current Income Benefit Base for the Nationwide L.inc Plus Empire Rider will equal the greater of:
(1)
Highest Contract Value: the highest Contract Value on any Contract Anniversary plus purchase payments submitted and Purchase Payment Credits
applied after that Contract Anniversary; or
(2)
Roll-up Value: the roll-up amount, which is equal to the sum of the following calculations:
(a)
Original Income Benefit Base with Roll-up: the Original Income Benefit Base, plus the Roll-up Interest Rate based on the Original Income Benefit Base for each
Contract Anniversary up to and including the Contract Anniversary after the Roll-up Crediting Period; plus
(b)
Subsequent Purchase Payments with Roll-up: any purchase payments submitted and Purchase Payment Credits applied after contract issuance and before the Contract
Anniversary after the Roll-up Crediting Period, increased by simple interest at an annual rate of the Roll-up Interest Rate each year from the date the subsequent purchase payments and/or Purchase Payment Credits are applied through the Contract Anniversary after the
Roll-up Crediting Period; plus
(c)
Subsequent Purchase Payments with No Roll-up: any purchase payments submitted and Purchase Payment Credits applied after the Contract Anniversary after the Roll-up
Crediting Period.
If a Non-Lifetime Withdrawal is taken on or before the Contract Anniversary after the Roll-up Crediting Period, the Current Income Benefit Base for the Nationwide L.inc Plus Empire Rider will equal the greatest of:
(1)
Adjusted Current Income Benefit Base: the Current Income Benefit Base immediately before the Non-Lifetime Withdrawal, proportionally reduced as described in the
Non-Lifetime Withdrawal section;
(2)
Highest Contract Value: the highest Contract Value on any Contract Anniversary on or after the Non-Lifetime Withdrawal, plus purchase payments
submitted and any Purchase Payment Credits applied after that Contract Anniversary; or
(3)
Roll-up Value: the adjusted roll-up amount, which is equal to the sum of the following calculations:
(a)
Adjusted Roll-up Income Benefit Base with Roll-up: the Adjusted Roll-up Income Benefit Base, plus the Roll-up Interest Rate based on the Adjusted Roll-up Income Benefit Base
for each Contract Anniversary up to and including the Contract Anniversary after the Roll-up Crediting Period; plus
(b)
Subsequent Purchase Payments with Roll-up: the sum of the following calculations:
(aa)
Before the Non-Lifetime Withdrawal: any purchase payments submitted and Purchase Payment Credits applied after contract issuance and before the Non-Lifetime
Withdrawal, proportionally reduced as described in the Non-Lifetime Withdrawal section, increased by simple interest at an annual rate of the Roll-up Interest Rate each year from the date the subsequent
purchase payments and/or Purchase Payment Credits are applied through the Contract Anniversary after the Roll-up Crediting Period; plus
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(bb)
After the Non-Lifetime Withdrawal and before the Contract Anniversary after
the Roll-up Crediting Period: any purchase payments submitted and Purchase Payment Credits
applied on or after the Non-Lifetime Withdrawal and before the Contract Anniversary after the Roll-up Crediting Period, increased by simple interest at an annual rate of the Roll-up Interest Rate each year from the date the subsequent purchase payments
and/or Purchase Payment Credits are applied through the Contract Anniversary after the Roll-up Crediting Period; plus
(c)
Subsequent Purchase Payments with No Roll-up: any purchase payments submitted and Purchase Payment Credits applied after the Contract Anniversary after the Roll-up
Crediting Period.
If a Non-Lifetime Withdrawal is taken after the Contract Anniversary after the Roll-up Crediting Period, the Current Income Benefit Base for the Nationwide L.inc Plus Empire Rider will equal the greatest of:
(1)
Adjusted Current Income Benefit Base: the Current Income Benefit Base immediately before the Non-Lifetime Withdrawal, proportionally reduced as described in the
Non-Lifetime Withdrawal section;
(2)
Roll-up Value: the adjusted roll-up amount, which is equal to the sum of the following calculations:
(a)
Adjusted Roll-up Income Benefit Base with Roll-up: the Adjusted Roll-up Income Benefit Base, plus the Roll-up Interest Rate based on the Adjusted Roll-up Income Benefit Base
for each Contract Anniversary up to and including the Contract Anniversary after the Roll-up Crediting Period; plus
(b)
Subsequent Purchase Payments with Roll-up: any purchase payments submitted and Purchase Payment Credits applied after contract issuance and before the Contract
Anniversary after the Roll-up Crediting Period, proportionally reduced as described in the
Non-Lifetime Withdrawal section, increased by simple interest at an annual rate of the Roll-up Interest Rate each year from the date the subsequent purchase payments and/or
Purchase Payment Credits are applied through the Contract Anniversary after the Roll-up Crediting Period; plus
(c)
Subsequent Purchase Payments with No Roll-up: the sum of the following calculations:
(aa)
After the Contract Anniversary after the Roll-up Crediting Period and before
the Non-Lifetime Withdrawal: any purchase payments submitted and Purchase Payment Credits
applied after the Contract Anniversary after the Roll-up Crediting Period and before the Non-Lifetime Withdrawal,
proportionally reduced as described in the Non-Lifetime Withdrawal section; plus
(bb)
After the Non-Lifetime Withdrawal: any purchase payments submitted and Purchase Payment Credits applied on or after the Non-Lifetime Withdrawal; or
(3)
Highest Contract Value: the highest Contract Value on any Contract Anniversary after the Contract Anniversary after the Roll-up Crediting Period,
plus purchase payments submitted and Purchase Payment Credits applied after that Contract Anniversary.
When a purchase payment and any Purchase Payment Credits are applied on a date other than a Contract Anniversary, simple
interest is calculated using a prorated method based upon the number of days from the date of the purchase payment to the next Contract Anniversary. However, if at any time prior
to the first Lifetime Withdrawal the Contract Value equals $0, no additional purchase payments will be accepted and no further benefit base calculations will be made. The Current Income Benefit Base will be set equal to the benefit base calculated on the most recent Contract Anniversary plus
any purchase payments submitted, minus adjustments made for excess withdrawals after that date, and the Lifetime
Withdrawal Amount will be based on that Current Income Benefit Base. Since the roll-up is only calculated for the duration of the Roll-up Crediting Period or prior to the first Lifetime Withdrawal, whichever comes first, any purchase payments the
Contract Owner makes during that time period will increase the Current Income Benefit Base more than purchase
payments made after that time period.
Non-Lifetime Withdrawal
After the first Contract Anniversary, the Contract Owner may request a one-time withdrawal ("Non-Lifetime Withdrawal")
without initiating the lifetime income benefit under the Nationwide L.inc Plus Empire Rider. The Non-Lifetime Withdrawal will not lock in the Lifetime Withdrawal Percentage and will not stop the simple interest roll-up (the Roll-up Interest Rate).
However, the Non-Lifetime Withdrawal will reduce the Current Income Benefit Base, and consequently, the Lifetime
Withdrawal Amount calculated for subsequent years. As with all withdrawals, a Non-Lifetime Withdrawal will reduce the Contract Value and death benefit. In addition, it will be subject to the CDSC provisions of the contract. A Non-Lifetime
Withdrawal cannot be taken after the Contract Owner initiates the Lifetime Withdrawals.
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A Non-Lifetime Withdrawal will cause a reduction
to three factors used to calculate the Lifetime Withdrawal Amount: (1) the Current Income Benefit Base; (2) the Original Income Benefit Base (resulting in the Adjusted Roll-up
Income Benefit Base); and (3) Subsequent purchase payments and Purchase Payment Credits applied before the Non-Lifetime Withdrawal. All three factors are reduced by a figure representing the proportional amount of the withdrawal, as follows:
| Reduction to Current Income
Benefit Base |
= |
Gross dollar
amount of the Non-Lifetime
Withdrawal |
X |
Current Income Benefit Base prior to the Non-Lifetime
Withdrawal |
| Contract Value (prior to the Non-
Lifetime Withdrawal) |
| Reduction to Original Income
Benefit Base |
= |
Gross dollar
amount of the Non-Lifetime
Withdrawal |
X |
Original Income Benefit Base |
| Contract Value (prior to the Non-
Lifetime Withdrawal) |
| Reduction to subsequent purchase payments and Purchase Payment Credits applied before the Non-Lifetime
Withdrawal |
= |
Gross dollar
amount of the Non-Lifetime
Withdrawal |
X |
Subsequent purchase payments and Purchase Payment
Credits applied before the Non-Lifetime Withdrawal |
| Contract Value (prior to the Non-
Lifetime Withdrawal) |
All Non-Lifetime Withdrawal requests must be made on a Nationwide form which is available by
contacting the Service Center. If the Contract Owner requests a withdrawal without using the
Nationwide form, the withdrawal request will be treated as a Lifetime Withdrawal request and will not be treated as a request for a Non-Lifetime Withdrawal.
Lifetime Withdrawals
At any time after the Nationwide L.inc Plus Empire Rider is elected, the Contract Owner may begin taking the lifetime income
benefit by taking a Lifetime Withdrawal from the contract. Unless the Contract Owner requests a one-time Non-Lifetime Withdrawal, the first withdrawal under the contract constitutes the first Lifetime Withdrawal, even if such withdrawal is taken to meet minimum distribution requirements under the Internal Revenue Code or is taken to pay advisory or investment management fees. Nationwide will surrender Accumulation Units proportionally
from the Sub-Accounts as of the date of the withdrawal request. As with any withdrawal, Lifetime Withdrawals reduce the Contract Value and consequently, the amount available for annuitization.
At the time of the first Lifetime Withdrawal, the Roll-up Interest Rate terminates and the
Current Income Benefit Base is locked in and will not change unless the Contract Owner takes excess withdrawals, elects a reset opportunity (both discussed later in this provision), or submits additional purchase payments. Additional purchase payments submitted after
the first Lifetime Withdrawal from the contract will increase the Current Income Benefit Base by the amount of the purchase payment.
The applicable Lifetime Withdrawal Percentage is determined based on the age of the Determining Life at the time of the first Lifetime Withdrawal. The Nationwide L.inc Plus Empire Rider uses a single applicable Lifetime Withdrawal Percentage,
that once established, will not change for the life of the contract.
The Lifetime Withdrawal Percentages are disclosed in the Rate Sheet Supplement that is attached to the front of this prospectus delivered to you. For additional information on Rate Sheet Supplements, see above.
For contracts that elect the Joint Option for the Nationwide Lifetime Income Rider
Plus Empire, the Lifetime Withdrawal Percentages will be equal to or less than the Lifetime Withdrawal Percentages for the Nationwide L.inc Plus Empire Rider. The age used to determine the applicable Lifetime Withdrawal Percentage if the Joint Option is elected, it is the age of the
younger of the Determining Life or the Joint Determining Life
Note:
The Internal Revenue Code requires that IRAs, SEP IRAs, Simple IRAs, and Investment-Only Contracts begin distributions no later than April 1 of the calendar year following the
calendar year in which the Contract Owner reaches age 73 (age 72 if born after June 30, 1949 and before January 1, 1951, or age 70½ if born before July 1, 1949). Contract Owners subject to minimum required distribution rules may not be able to take
advantage of the Lifetime Withdrawal Percentages available at higher age bands if distributions are taken from the contract to meet these
42
Internal Revenue Code
requirements. Contract Owners who elect not to take minimum required distributions from this contract, i.e., they take minimum required distributions from other sources, may be able to take advantage of
Lifetime Withdrawal Percentages at the higher age bands. Consult a qualified tax advisor for more information.
At
the time of the first Lifetime Withdrawal and for each calendar year thereafter, the applicable Lifetime Withdrawal Percentage is multiplied by the Current Income Benefit Base to
determine the Lifetime Withdrawal Amount for that calendar year. The Lifetime Withdrawal Amount is the maximum amount that can be withdrawn from the contract during the next calendar year without reducing the Current Income Benefit Base. If the contract is issued in the same calendar year
as the first Lifetime Withdrawal, then the Lifetime Withdrawal Amount for the first calendar year will be prorated based upon the number of months, including the month of issue,
from the Option Issue Date to the end of the calendar year. The prorated Lifetime Withdrawal Amount will be calculated as follows: [[(12 - the month of the Option Issue Date,
represented as a number) + 1] divided by 12] x the non-prorated Lifetime Withdrawal Amount.
| Example: |
| Assume a contract is issued on July 1 and a Contract Owner elects to take the first Lifetime
Withdrawal in December of the same calendar year that the contract is issued. Also
assume that at the time of the first Lifetime Withdrawal the non-prorated
Lifetime Withdrawal Amount is $12,000. Here, the prorated Lifetime
Withdrawal Amount would be $6,000 ((12- 7+1) months ÷ 12 months) x
$12,000). |
The ability to withdraw the
Lifetime Withdrawal Amount will continue until the earlier of the Contract Owner’s death or annuitization.
The Contract Owner can elect to set up Systematic Withdrawals or can request each Lifetime Withdrawal separately. All Lifetime Withdrawal requests must be made on a Nationwide form available by contacting the Service Center.
Generally, each calendar year’s Lifetime Withdrawal Amount is
non-cumulative, except where the Income Carryforward privilege (discussed below) applies.
Unless the Income Carryforward privilege applies, a Contract Owner cannot
take a previous calendar year’s Lifetime Withdrawal Amount in a subsequent calendar year without causing an excess withdrawal (discussed herein) that will reduce the Current Income Benefit Base. Although Lifetime
Withdrawals up to the Lifetime Withdrawal Amount do not reduce the Current Income Benefit Base, they do reduce the Contract Value and the death benefit.
Income Carryforward
The Nationwide L.inc Plus Empire Rider includes an Income Carryforward privilege whereby Nationwide permits a Contract Owner
to withdraw any part of the Lifetime Withdrawal Amount not taken in a given calendar year (the Income Carryforward amount) in the next calendar year, and the next calendar year
only. Lifetime Withdrawals first reduce any available Income Carryforward amount. In addition,
the Income Carryforward amount is non-cumulative, and therefore will be forfeited if not withdrawn in the calendar year when available; the Income Carryforward
amount cannot be carried over from one year to the next. Any amounts available under the
Income Carryforward privilege are not treated as excess withdrawals.
The Income Carryforward amount available in any given calendar year is not adjusted as a
result of any additional purchase payments or reset opportunities during that year.
| Example: |
| For an example of how the Income Carryforward feature of the Nationwide L.inc Plus
Empire Rider is calculated, see Appendix F: Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus
Accelerated, and Nationwide Lifetime Income Rider Plus Max
Example. |
Impact of Withdrawals in Excess of the Lifetime Withdrawal Amount
The Contract Owner is permitted to withdraw Contract Value in excess of that year’s Lifetime Withdrawal Amount provided
that the Contract Value is greater than $0.
If an excess withdrawal is taken in any calendar year, the Income Benefit Base in effect on
the date of the excess withdrawal will be proportionally reduced by the gross amount of the excess withdrawal, including any CDSC or taxes, as follows:
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A figure representing the proportional amount of
the excess withdrawal. This amount is determined by the following formula:
| gross dollar amount of the excess withdrawal |
X |
Current Income Benefit Base prior to the excess
withdrawal |
| Contract Value (reduced by the available Lifetime
Withdrawal Amount) |
Lifetime Withdrawals are
free of CDSC. For purposes of CDSC, the gross amount Surrendered will include any recapture of credits, if applicable, according to the contract or any elected options.
Amounts available under the Income Carryforward privilege are not treated as excess withdrawals, and therefore withdrawals
under the Income Carryforward privilege will not reduce the Current Income Benefit Base.
The Nationwide L.inc Plus Empire Rider will automatically terminate if an excess withdrawal
reduces the Current Income Benefit Base to $0.
| Example: |
| If the Current Income Benefit Base is $50,000, the Contract Value is $60,000, the Lifetime
Withdrawal Amount is $5,000, there is no Income Carryforward amount available, and a
withdrawal of $60,000 is taken, then $55,000 of the amount withdrawn is
an excess withdrawal ($60,000-$5,000). As a result, the Current Income
Benefit Base of $50,000 is reduced by $50,000 [[$55,000/($60,000-$5,000)]
x $50,000], and therefore the rider terminates as the Current Income
Benefit Base would be reduced to $0. |
RMD Privilege
In addition, currently, Nationwide allows for an "RMD privilege" whereby Nationwide permits
a Contract Owner to withdraw Contract Value in excess of the Lifetime Withdrawal Amount (plus any amount available under the Income Carryforward privilege, if applicable) without reducing the Current Income Benefit Base if such excess withdrawal is for the sole purpose
of meeting Internal Revenue Code required minimum distributions for this contract. The RMD privilege is not available in the calendar year of the date the contract is issued. In order to qualify for the RMD privilege, the Contract Owner must:
(1)
be at least 73 (age 72 if born after June 30, 1949 and before January 1, 1951, or age 70½
if born before July 1, 1949) as of the date of the request;
(2)
own the contract as an
IRA, SEP IRA, Simple IRA, or Investment-Only Contract; and
(3)
submit a completed administrative form in advance of the withdrawal to the Service
Center.
Nationwide reserves the right to modify or eliminate the RMD privilege if there is any change to the Internal Revenue Code or IRS rules relating to required minimum distributions, including the issuance of relevant IRS guidance. If Nationwide
exercises this right, Nationwide will provide notice to Contract Owners and any withdrawal in excess of the Lifetime Withdrawal Amount will reduce the remaining Current Income
Benefit Base.
Once the Contract Value falls to $0, the Contract Owner is no longer permitted to submit additional purchase payments or
take withdrawals in excess of the then applicable Lifetime Withdrawal Amount. Additionally, there is no Contract Value to annuitize, making the payment of the benefit associated with this option the only income stream producing benefit remaining
in the contract.
Reset Opportunities
Nationwide offers an automatic reset of the Current Income Benefit Base. If, on any
Contract Anniversary, the Contract Value exceeds the Current Income Benefit Base, Nationwide will automatically reset the Current Income Benefit Base to equal that Contract Value. This higher amount will be the new Current Income Benefit Base. This automatic reset will
continue until either the current charge for, or the list of permitted investment options associated with the Nationwide L.inc Plus Empire Rider changes.
In the event the current charge for, or the list of permitted investment options of the
Nationwide L.inc Plus Empire Rider changes, the reset opportunities still exist, but are no longer automatic. An election to reset the Current Income Benefit Base must be made by the Contract Owner to Nationwide. On or about each Contract Anniversary, Nationwide will provide notice
to the Contract Owner with information necessary to make this determination. Specifically, Nationwide will provide: the Contract Value; the Current Income Benefit Base; the current
terms and conditions associated with the Nationwide
44
L.inc Plus Empire Rider; and instructions on how
to communicate an election to reset the benefit base. For the purposes of this section, the addition of a new Sub-Account as a permitted investment option is not considered a
change to the list of permitted investment options.
If the Contract Owner elects to reset the Current Income Benefit Base, it will be at the then
current terms and conditions of the option as described in the most current prospectus. If Nationwide does not receive a Contract Owner’s election to reset the Current Income Benefit Base within 60 days after the Contract Anniversary, Nationwide will assume that the
Contract Owner does not wish to reset the Current Income Benefit Base. If the Current Income Benefit Base is not reset, it will remain the same and the terms and conditions of the Nationwide L.inc Plus Empire Rider will not change (as applicable
to that particular contract). An election to reset the Current Income Benefit Base will not affect the Roll-Up Crediting Rate, the Roll-Up Crediting Period, or the Lifetime
Withdrawal Percentage.
Contract Owners may cancel the automatic reset feature of the Nationwide L.inc Plus Empire Rider by notifying Nationwide as
to such election.
Annuitization
If the Contract Owner elects to annuitize the contract, the Nationwide L.inc Plus Empire
Rider will terminate. Specifically, the charge associated with the option will no longer be assessed and all benefits associated with the Nationwide L.inc Plus Empire Rider will terminate.
Death of Determining Life
For contracts with no Joint Option for the Nationwide L.inc Plus Empire Rider, upon the death of the determining life, the
benefits associated with the option terminate. If the Contract Owner is also the Annuitant, the death benefit will be paid in accordance with the Death Benefit
provision. If the Contract Owner is not the Annuitant, the Contract Value will be distributed as described in Appendix B: Contract Types and Tax Information.
For contracts with the Joint Option for the Nationwide L.inc Plus Empire Rider, upon the death of the determining life, the surviving spouse continues to receive the same benefit associated with the Nationwide L.inc Plus Empire Rider which had been
received by the deceased spouse, for the remainder of the survivor’s lifetime. The Contract Value will reflect the death benefit and the Spousal Protection benefit.
Tax Treatment
Although the tax treatment for Lifetime Withdrawals under withdrawal benefits such as the
Nationwide L.inc Plus Empire Rider is not clear, Nationwide will treat a portion of each Lifetime Withdrawal as a taxable distribution, as follows:
First, Nationwide determines which is greater: (1) the Contract Value immediately before the Lifetime Withdrawal; or (2) the Lifetime Withdrawal Amount immediately before the Lifetime Withdrawal. That amount (the greater of (1) or (2)) minus any
remaining investment in the contract at the time of the Lifetime Withdrawal represents the gain in the contract and the portion of the Lifetime Withdrawal reported as a taxable
distribution. Where the gain in the contract exceeds the Lifetime Withdrawal, the full amount of the Lifetime Withdrawal will be reported as a taxable distribution. Consult a
qualified tax advisor.
Automatic Termination of the Nationwide L.inc Plus Empire
Rider
Upon termination of the Nationwide L.inc Plus Empire Rider, Nationwide will no longer assess the charge associated with the
option, and all benefits associated with the Nationwide L.inc Plus Empire Rider will terminate. In the following instances, the Nationwide L.inc Plus Empire Rider will
automatically terminate:
(1)
When withdrawals are taken in excess of the Lifetime Withdrawal Amount that reduce the Current
Income Benefit Base to $0;
(2)
On the Annuitization Date;
(3)
Upon the death of the determining life for contracts with no Joint Option; or
(4)
A full surrender of the contract.
Other Important Considerations
The Nationwide L.inc Plus Empire Rider is designed for those intending
to take Lifetime Withdrawals. The benefit of the Nationwide L.inc Plus Empire Rider will be reduced, potentially significantly, if the Contract Owner takes excess withdrawals or a Non-Lifetime Withdrawal.
45
Other important considerations include the
following:
•
The chance of outliving Contract Value and receiving Lifetime Withdrawals from Nationwide may
be reduced due to the investment restrictions imposed on the Nationwide L.inc Plus Empire
Rider.
•
If the Contract Value is greater than $0, then Lifetime Withdrawals are paid from the Contract
Owner’s Contract Value.
•
If the Contract Value is equal to $0, then Lifetime Withdrawals are paid form Nationwide’s General Account.
•
Lifetime Withdrawals paid from the General Account are subject to Nationwide’s creditors
and ultimately, its overall claims paying ability.
Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income
Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max
The Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime
Income Rider Plus Max (collectively, the "Nationwide L.inc Plus" or "Nationwide L.inc+" Riders) are substantially similar living benefits; however, the Nationwide L.inc Plus Riders
offer distinct benefits based upon differences in the applicable Roll-up Interest Rate, Roll-up Crediting Period, Lifetime Withdrawal Percentages, and/or permitted investment
options, as discussed herein.
The Nationwide L.inc Plus Riders provide for Lifetime Withdrawals, up to a certain amount
each calendar year, even after the Contract Value is $0, provided that the Contract Owner does not deplete the Current Income Benefit Base by taking excess withdrawals. Investment restrictions apply. The age of the person upon which the benefit depends (the "determining
life") must be between 50 and 85 years old at the time of application. For most contracts, the determining life is that of the Contract Owner. For those contracts where the
Contract Owner is a non-natural person, for purposes of this option, the determining life is that of the Annuitant, and all references in this option to "Contract Owner" shall mean
Annuitant. If, in addition to the Annuitant, a Co-Annuitant or joint annuitant has been elected, the determining life will be that of the primary Annuitant as named on the application. The determining life may not be changed.
Availability
For contracts with applications signed before October 16, 2023, the Nationwide L.inc Plus Riders are available under the
contract at the time of application. Only one optional living benefit may be elected. Once elected, the Nationwide L.inc Plus Riders are irrevocable. The Nationwide L.inc Plus Riders are not available on beneficially owned contracts – those
contracts that are inherited by a beneficiary and the beneficiary continues to hold the contract as a beneficiary (as opposed to treating the contract as his/her own) for tax purposes. However, if such contract becomes beneficially owned by
the spouse of the Contract Owner, and the Joint Option for that Nationwide L.inc Plus Rider is elected, then the spouse may keep the applicable Nationwide L.inc Plus Rider.
However, once a contract becomes beneficially owned, the contract will not receive the benefit of the RMD privilege discussed later in this section.
Rider Charge
In exchange for Lifetime Withdrawals, Nationwide will assess an annual charge not to exceed
1.50% of the Current Income Benefit Base. Currently, the charge for the Nationwide L.inc Plus Riders is 1.30% of the Current Income Benefit Base. The current charge will not change, except, possibly, upon the Contract Owner’s election to reset the benefit base, as discussed herein. If the current charge does change, it will not exceed the maximum charge of 1.50% of the Current Income
Benefit Base.
The charge will be assessed on each Contract Anniversary and will be deducted via redemption of Accumulation Units. The
charge will be assessed until annuitization. A prorated charge will also be deducted upon full surrender of the contract. Accumulation Units will be redeemed proportionally from
each Sub-Account in which the Contract Owner is invested at the time the charge is taken. Amounts redeemed as the Nationwide L.inc Plus Rider charge will not negatively impact calculations associated with other benefits elected or available under the contract, will not be subject to a CDSC,
and will not reduce amounts available under the CDSC-free withdrawal privilege.
Investment Restrictions
Election of one of the Nationwide L.inc Plus Riders requires that the Contract Owner, until annuitization, allocate the entire
Contract Value to a limited set of investment options currently available in the contract, or if the Custom Choice Asset Rebalancing Service is elected (see Custom Choice Asset Rebalancing Service), all underlying mutual funds currently available in the contract are permitted subject to applicable allocation
limitations of Custom Choice. For the list of
46
available investment options, see Appendix A: Investment Options Available Under the Contract. Allocation requests to investment options other than those listed in the Appendix A: Investment Options Available Under the Contract section will not be honored; they will be treated as though no allocation request was submitted.
Dollar Cost Averaging programs for the Nationwide L.inc Plus Riders are not available.
Transfers Among Permitted Investment Options
The Contract Owner may reallocate the Contract Value among the limited set of investment options in accordance with the Transfers Prior to Annuitization provision. The Contract Owner may reallocate the Contract Value within
the Custom Choice Asset Rebalancing Service in accordance with that provision. Additionally, Contract Owners may change from the Custom Choice Asset Rebalancing Service to the permitted investment options, and vice versa.
Subsequent Purchase Payments
Currently, subsequent purchase payments are permitted under the Nationwide L.inc Plus Riders as long as the Contract Value
is greater than $0. Any subsequent purchase payments will increase the Current Income Benefit Base by the amount of the purchase payment submitted.
Nationwide reserves the right to reject subsequent purchase payments in the event subsequent purchase payments create a financial risk that Nationwide is unwilling to bear. This reservation of right may limit
the amount a Contract Owner can invest in the contract. Contract Owners should consider this reservation of right when making the initial purchase payment. If Nationwide exercises this right to refuse purchase payments, the restriction will apply to all
Contract Owners who have purchased the Nationwide L.inc Plus Rider, and the entire purchase payment will be
immediately returned to the Contract Owner in the same form in which it was received. Generally, Nationwide may invoke this right in times of economic instability in the United States economy. Nationwide will notify Contract Owners if
subsequent purchase payments are no longer being accepted, and Contract Owners may contact the Service Center to
find out if Nationwide will accept subsequent purchase payments.
Rate Sheet Supplements for the Nationwide L.inc Plus
Riders
For contracts with applications signed on or after the date of the prospectus, the Roll-up Interest Rate, Roll-up Crediting
Period, and Lifetime Withdrawal Percentages are disclosed in the Rate Sheet Supplement that is attached to the front of this prospectus delivered to you. In order to receive the applicable Roll-up Interest Rate, Roll-up Crediting Period, and
Lifetime Withdrawal Percentages stated in a Rate Sheet Supplement, the application must be signed and received in good order by Nationwide within the stated time period during which that Rate Sheet Supplement remains in effect. The Roll-up
Interest Rate, Roll-up Crediting Period, and Lifetime Withdrawal Percentages applicable in time periods other than the time period when the application is signed are not applicable to the contract. Nationwide reserves the right to change the
Roll-up Interest Rate, Roll-up Crediting Period, and Lifetime Withdrawal Percentages at any time; however, Nationwide will not change the Roll-up Interest Rate, Roll-up Crediting Period, and Lifetime Withdrawal Percentages for contracts once issued.
You should not purchase the contract without first obtaining the applicable Rate Sheet Supplement that contains the Roll-up Interest Rate, Roll-up Crediting Period, and Lifetime Withdrawal Percentages that are applicable at the time. All Rate Sheet Supplements are available by contacting the Service Center, and also are available on the SEC’s EDGAR
system at www.sec.gov (file number: 333-235383).
For contracts with applications signed prior to the date of the prospectus, see Appendix C: Historical Rates, Periods, and Percentages.
Determination of the Income Benefit Base Prior to the First Lifetime Withdrawal
Upon contract issuance, the Original Income Benefit Base is equal to the Contract Value. Thereafter, Nationwide tracks, on a
continuous basis, the Current Income Benefit Base which is used to calculate the benefit amount. The Current Income Benefit Base from the date of contract issuance until the first
Lifetime Withdrawal will reflect any additional purchase payments, reset opportunities, and if elected, a Non-Lifetime Withdrawal, as described below.
The Roll-up Interest Rate and Roll-up Crediting Period (discussed herein) are disclosed in the Rate Sheet Supplement that is attached to the front of this prospectus delivered to you. For additional information on Rate Sheet Supplements, see
above.
Provided no withdrawals are taken from the contract, the Current Income Benefit Base for the Nationwide L.inc Plus Riders
will equal the greater of:
(1)
Highest Contract Value: the highest Contract Value on any Contract Anniversary plus purchase payments submitted after that Contract Anniversary;
or
47
(2)
Roll-up Value: the roll-up amount, which is equal to the sum of the following calculations:
(a)
Original Income Benefit Base with Roll-up: the Original Income Benefit Base, plus the Roll-up Interest Rate based on the Original Income Benefit Base for each
Contract Anniversary up to and including the Contract Anniversary after the Roll-up Crediting Period; plus
(b)
Subsequent Purchase Payments with Roll-up: any purchase payments submitted after contract issuance and before the Contract Anniversary after the Roll-up Crediting
Period, increased by simple interest at an annual rate of the Roll-up Interest Rate each year from the date the subsequent purchase payments are applied through the Contract Anniversary after the Roll-up Crediting Period; plus
(c)
Subsequent Purchase Payments with No Roll-up: any purchase payments submitted after the Contract Anniversary after the Roll-up Crediting Period.
If a Non-Lifetime Withdrawal is taken on or before the Contract Anniversary after the Roll-up Crediting Period, the Current
Income Benefit Base for the Nationwide L.inc Plus Riders will equal the greatest of:
(1)
Adjusted Current Income Benefit Base: the Current Income Benefit Base immediately before the Non-Lifetime Withdrawal, proportionally reduced as described in the
Non-Lifetime Withdrawal section;
(2)
Highest Contract Value: the highest Contract Value on any Contract Anniversary on or after the Non-Lifetime Withdrawal, plus purchase payments
submitted after that Contract Anniversary; or
(3)
Roll-up Value: the adjusted roll-up amount, which is equal to the sum of the following calculations:
(a)
Adjusted Roll-up Income Benefit Base with Roll-up: the Adjusted Roll-up Income Benefit Base, plus the Roll-up Interest Rate based on the Adjusted Roll-up Income Benefit Base
for each Contract Anniversary up to and including the Contract Anniversary after the Roll-up Crediting Period; plus
(b)
Subsequent Purchase Payments with Roll-up: the sum of the following calculations:
(aa)
Before the Non-Lifetime Withdrawal: any purchase payments submitted after contract issuance and before the Non-Lifetime Withdrawal, proportionally reduced as
described in the Non-Lifetime Withdrawal section, increased by simple interest at an annual rate of the Roll-up Interest Rate each year from the date the subsequent
purchase payments are applied through the Contract Anniversary after the Roll-up Crediting Period; plus
(bb)
After the Non-Lifetime Withdrawal and before the Contract Anniversary after
the Roll-up Crediting Period: any purchase payments submitted on or after the Non-Lifetime
Withdrawal and before the Contract Anniversary after the Roll-up Crediting Period, increased by simple interest at an annual rate of the Roll-up Interest Rate each year from the date the subsequent purchase payments are applied through the Contract
Anniversary after the Roll-up Crediting Period; plus
(c)
Subsequent Purchase Payments with No Roll-up: any purchase payments submitted after the Contract Anniversary after the Roll-up Crediting Period.
If a Non-Lifetime Withdrawal is taken after the Contract Anniversary after the Roll-up Crediting Period, the Current Income
Benefit Base for the Nationwide L.inc Plus Riders will equal the greatest of:
(1)
Adjusted Current Income Benefit Base: the Current Income Benefit Base immediately before the Non-Lifetime Withdrawal, proportionally reduced as described in the
Non-Lifetime Withdrawal section;
(2)
Roll-up Value: the adjusted roll-up amount, which is equal to the sum of the following calculations:
(a)
Adjusted Roll-up Income Benefit Base with Roll-up: the Adjusted Roll-up Income Benefit Base, plus the Roll-up Interest Rate based on the Adjusted Roll-up Income Benefit Base
for each Contract Anniversary up to and including the Contract Anniversary after the Roll-up Crediting Period; plus
(b)
Subsequent Purchase Payments with Roll-up: any purchase payments submitted after contract issuance and before the Contract Anniversary after the Roll-up Crediting
Period, proportionally reduced as described in the Non-Lifetime Withdrawal section, increased by simple interest at an annual rate of the Roll-up Interest Rate each year from the date the subsequent
purchase payments are applied through the Contract Anniversary after the Roll-up Crediting Period; plus
(c)
Subsequent Purchase Payments with No Roll-up: the sum of the following calculations:
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(aa)
After the Contract Anniversary after the Roll-up Crediting Period and before
the Non-Lifetime Withdrawal: any purchase payments submitted after the Contract Anniversary
after the Roll-up Crediting Period and before the Non-Lifetime Withdrawal, proportionally reduced as described in the Non-Lifetime Withdrawal section; plus
(bb)
After the Non-Lifetime Withdrawal: any purchase payments submitted on or after the Non-Lifetime Withdrawal; or
(3)
Highest Contract Value: the highest Contract Value on any Contract Anniversary after the Contract Anniversary after the Roll-up Crediting Period,
plus purchase payments submitted after that Contract Anniversary.
When a purchase payment is applied on a date other than a Contract Anniversary, simple
interest is calculated using a prorated method based upon the number of days from the date of the purchase payment to the next Contract Anniversary. However, if at any time prior to the first Lifetime Withdrawal the Contract Value equals $0, no additional purchase payments
will be accepted and no further benefit base calculations will be made. The Current Income Benefit Base will be set equal to the benefit base calculated on the most recent Contract
Anniversary minus adjustments made for excess withdrawals after that date, and the Lifetime Withdrawal Amount will be based on that Current Income Benefit Base. Since the roll-up is only calculated for the duration of the Roll-up Crediting Period or prior to the first Lifetime Withdrawal,
whichever comes first, any purchase payments the Contract Owner makes during that time period will increase the
Current Income Benefit Base more than purchase payments made after that time period.
Non-Lifetime Withdrawal
After the first Contract Anniversary, the Contract Owner may request a one-time withdrawal ("Non-Lifetime Withdrawal")
without initiating the lifetime income benefit under the Nationwide L.inc Plus Riders. The Non-Lifetime Withdrawal will not lock in the Lifetime Withdrawal Percentage and will not stop the simple interest roll-up (the Roll-up Interest Rate). However,
the Non-Lifetime Withdrawal will reduce the Current Income Benefit Base, and consequently, the Lifetime Withdrawal Amount calculated for subsequent years. As with all withdrawals, a Non-Lifetime Withdrawal will reduce the Contract Value
and death benefit. In addition, it will be subject to the CDSC provisions of the contract. A Non-Lifetime Withdrawal cannot be taken after the Contract Owner initiates the Lifetime Withdrawals.
A Non-Lifetime Withdrawal will cause a reduction to three factors used to calculate the
Lifetime Withdrawal Amount: (1) the Current Income Benefit Base; (2) the Original Income Benefit Base (resulting in the Adjusted Roll-up Income Benefit Base); and (3) Subsequent purchase payments applied before the Non-Lifetime Withdrawal. All three factors are reduced by a
figure representing the proportional amount of the withdrawal, as follows:
| Reduction to Current Income
Benefit Base |
= |
Gross dollar
amount of the Non-Lifetime
Withdrawal |
X |
Current Income Benefit Base prior to the Non-Lifetime
Withdrawal |
| Contract Value (prior to the Non-
Lifetime Withdrawal) |
| Reduction to Original Income
Benefit Base |
= |
Gross dollar
amount of the Non-Lifetime
Withdrawal |
X |
Original Income Benefit Base |
| Contract Value (prior to the Non-
Lifetime Withdrawal) |
| Reduction to subsequent purchase payments before the Non-Lifetime
Withdrawal |
= |
Gross dollar
amount of the Non-Lifetime
Withdrawal |
X |
Subsequent purchase payments applied
before the Non-Lifetime Withdrawal |
| Contract Value (prior to the Non-
Lifetime Withdrawal) |
All Non-Lifetime Withdrawal requests must be made on a Nationwide form which is available by
contacting the Service Center. If the Contract Owner requests a withdrawal without using the
Nationwide form, the withdrawal request will be treated as a Lifetime Withdrawal request and will not be treated as a request for a Non-Lifetime Withdrawal.
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Lifetime
Withdrawals
At any time after a Nationwide L.inc Plus Rider is elected, the Contract Owner may begin taking the lifetime income benefit
by taking a Lifetime Withdrawal from the contract. Unless the Contract Owner requests a
one-time Non-Lifetime Withdrawal, the first withdrawal under the contract constitutes the first Lifetime Withdrawal, even if such withdrawal is taken to meet minimum distribution requirements under the Internal Revenue Code or is taken to pay advisory or investment management fees. Nationwide will surrender Accumulation Units proportionally
from the Sub-Accounts as of the date of the withdrawal request. As with any withdrawal, Lifetime Withdrawals reduce the Contract Value and consequently, the amount available for annuitization.
At the time of the first Lifetime Withdrawal, the Roll-up Interest Rate terminates and the
Current Income Benefit Base is locked in and will not change unless the Contract Owner takes excess withdrawals, elects a reset opportunity (both discussed later in this provision), or submits additional purchase payments. Additional purchase payments submitted after
the first Lifetime Withdrawal from the contract will increase the Current Income Benefit Base by the amount of the purchase payment.
The applicable Lifetime Withdrawal Percentage is determined as follows:
(1)
Nationwide Lifetime Income Rider Plus Core – For the Nationwide Lifetime Income Rider Plus Core, the applicable Lifetime Withdrawal Percentage is determined
based on the age of the Contract Owner at the time of the first Lifetime Withdrawal. In contrast to the Nationwide Lifetime Income Rider Plus Accelerated and Nationwide Lifetime Income Rider Plus Max, Nationwide Lifetime Income Rider Plus Core uses a single applicable Lifetime
Withdrawal Percentage, that once established, will not change for the life of the contract.
(2)
Nationwide Lifetime Income Rider Plus Accelerated and
Nationwide Lifetime Income Rider Plus Max – For the Nationwide Lifetime Income Rider Plus Accelerated and
Nationwide Lifetime Income Rider Plus Max, two applicable Lifetime Withdrawal Percentages are used – the first that is applicable when the Contract Value is greater than $0, and the second that becomes applicable once the Contract Value reaches $0. Both of the applicable Lifetime
Withdrawal Percentages (for Contract Value greater than $0, and once Contract Value reaches $0) are determined based on the age of the Contract Owner at the time of the first
Lifetime Withdrawal, and once established, will not change for the life of the contract.
The Lifetime
Withdrawal Percentages are disclosed in the Rate Sheet Supplement that is attached to the front of this prospectus delivered to you. For additional information on Rate Sheet
Supplements, see above.
For contracts that elect the Joint Option for that Nationwide L.inc Plus Rider, the Lifetime Withdrawal Percentages will be
equal to or less than the Lifetime Withdrawal Percentages for the corresponding Nationwide L.inc Plus Rider.
Note: The Internal Revenue Code requires that IRAs, SEP IRAs, Simple IRAs, and Investment-Only Contracts
begin distributions no later than April 1 of the calendar year following the calendar year in which the Contract Owner reaches age 73 (age 72 if born after June 30, 1949 and before January 1, 1951, or age 70½ if born before July 1, 1949). Contract Owners subject to minimum required distribution rules may not be able to take
advantage of the Lifetime Withdrawal Percentages available at higher age bands if distributions are taken from the contract to meet these Internal Revenue Code requirements. Contract Owners who elect not to take minimum required distributions
from this contract,
i.e., they take minimum required distributions from other sources, may be able to take
advantage of Lifetime Withdrawal Percentages at the higher age bands. Consult a qualified tax advisor for more information.
At the time of the first Lifetime Withdrawal and for each calendar year thereafter, the applicable Lifetime Withdrawal Percentage is multiplied by the Current Income Benefit Base to determine the Lifetime Withdrawal Amount for that calendar
year. The Lifetime Withdrawal Amount is the maximum amount that can be withdrawn from the contract during the next calendar year without reducing the Current Income Benefit Base.
If the contract is issued in the same calendar year as the first Lifetime Withdrawal, then the Lifetime Withdrawal Amount for the first calendar year will be prorated based upon the number of calendar days from the date the contract was issued to the end of the calendar year (December 31st).
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To determine the prorated Lifetime Withdrawal
Amount, the number of calendar days from the date the contract was issued to the end of the calendar year is divided by 365, and then that result is multiplied by the non-prorated
Lifetime Withdrawal Amount.
| Example: |
| Assume a contract is issued on July 1 and a Contract Owner elects to take the first Lifetime
Withdrawal before December 31 of the same calendar year that the contract is issued.
Also assume that at the time of the first Lifetime Withdrawal the
non-prorated Lifetime Withdrawal Amount is $12,000. Here, the prorated
Lifetime Withdrawal Amount would be $6,049 (184 days ÷ 365 days x
$12,000). |
The ability to withdraw the
Lifetime Withdrawal Amount will continue until the earlier of the Contract Owner’s death or annuitization.
In addition, for the Nationwide Lifetime Income Rider Plus Accelerated and Nationwide Lifetime Income Rider Plus Max, if the Contract Value reaches $0, the applicable Lifetime Withdrawal Percentage will switch from the Lifetime Withdrawal
Percentage applicable when Contract Value is greater than $0 to the Lifetime Withdrawal Percentage applicable once Contract Value reaches $0, as established at the time of the first Lifetime Withdrawal. If the Contract Value reaches zero
due to a Lifetime Withdrawal, or on any Contract Anniversary as a result of the Variable Account charges or the
Nationwide L.inc Plus Rider charge, the Lifetime Withdrawal Percentage will not switch to the Lifetime Withdrawal
Percentage applicable once Contract Value reaches $0 until the immediately subsequent calendar year.
| Example: | |
| The following is an example of the Contract Value reaching $0 due to a Lifetime Withdrawal,
and the switching of the Lifetime Withdrawal Percentages for the Nationwide Lifetime
Income Rider Plus Accelerated or Nationwide Lifetime Income Rider Plus
Max: | |
| Assume a Contract Owner purchases a contract on April 1, 2020 for $100,000. On April 1,
2023, assume the contract stands as follows: | |
| Total purchase payments: |
$100,000 |
| Contract Value: |
$103,929 |
| Roll-up Interest Rate: |
6.00% |
| Current Income Benefit Base: |
$118,000 |
| Assume the Contract Owner elects to begin lifetime income, taking the first Lifetime
Withdrawal on January 1, 2024. At the time of the first Lifetime Withdrawal, assume the
applicable Lifetime Withdrawal Percentages are 5.50% for Contract Value
greater than $0 and 3.00% once Contract Value reaches $0. Assuming no
change to the Current Income Benefit Base from April 1, 2023, the
Lifetime Withdrawal Amount would be $6,490 ($118,000 x
0.055). | |
| Thereafter, assume the Contract Owner takes the full Lifetime Withdrawal Amount of $6,490
on January 1 of each calendar year. | |
| On January 1, 2039, assume that the Contract Value is now $6,037. The Contract Owner
can again take the full Lifetime Withdrawal Amount of $6,490 on January 1, 2039, which
would then reduce the Contract Value to $0. |
|
| On January 1, 2040, assuming the Current Income Benefit Base is still $118,000, the new
Lifetime Withdrawal Amount would be $3,540 ($118,000 x 0.03). |
|
The Contract Owner can elect to set up Systematic Withdrawals or can
request each Lifetime Withdrawal separately. All Lifetime Withdrawal requests must be made on a Nationwide form available by contacting the Service Center.
Generally, each calendar year’s Lifetime Withdrawal Amount is non-cumulative, except where the Income Carryforward privilege (discussed below) applies. Unless the Income Carryforward privilege applies, a Contract Owner
cannot take a previous calendar year’s Lifetime Withdrawal Amount in a subsequent calendar year without causing an excess withdrawal (discussed herein) that will reduce the Current Income Benefit Base. Although Lifetime
Withdrawals up to the Lifetime Withdrawal Amount do not reduce the Current Income Benefit Base, they do reduce the Contract Value and the death benefit.
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Income
Carryforward
The Nationwide L.inc Plus Riders include an Income Carryforward privilege whereby Nationwide permits a Contract Owner to
withdraw any part of the Lifetime Withdrawal Amount not taken in a given calendar year (the Income Carryforward amount) in the next calendar year, and the next calendar year only.
Lifetime Withdrawals first reduce any available Income Carryforward amount. In addition, the
Income Carryforward amount is non-cumulative, and therefore will be forfeited if not withdrawn in the calendar year when available; the Income Carryforward amount
cannot be carried over from one year to the next. Any amounts available under the Income
Carryforward privilege are not treated as excess withdrawals.
The Income Carryforward amount available in any given calendar year is not adjusted as a
result of any additional purchase payments or reset opportunities during that year.
| Example: |
| For an example of how the Income Carryforward feature of the L.inc Plus Riders is
calculated, see Appendix F: Nationwide Lifetime Income Rider Plus Empire, Nationwide
Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider
Plus Accelerated, and Nationwide Lifetime Income Rider
Plus Max Example. |
Impact of Withdrawals in Excess of the Lifetime Withdrawal Amount
The Contract Owner is permitted to withdraw Contract Value in excess of that year’s Lifetime Withdrawal Amount provided
that the Contract Value is greater than $0. Withdrawals in excess of the Lifetime Withdrawal Amount will reduce the Current Income Benefit Base, and consequently, the Lifetime Withdrawal Amount calculated for subsequent calendar years. In
the event of excess withdrawals, the Current Income Benefit Base will be reduced by the greater of:
(1)
the dollar amount of the withdrawal in excess of the Lifetime Withdrawal Amount; or
(2)
a figure representing the proportional amount of the withdrawal. This amount is determined by
the following formula:
| dollar amount of the excess withdrawal |
X |
Current Income Benefit Base prior to the
withdrawal |
| Contract Value (reduced by the amount of the
Lifetime Withdrawal Amount withdrawn) |
In
situations where the Contract Value exceeds the existing Current Income Benefit Base, excess withdrawals will typically result in a dollar amount reduction to the new Current
Income Benefit Base. In situations where the Contract Value is less than the existing Current Income Benefit Base, excess withdrawals will typically result in a proportional
reduction to the new Current Income Benefit Base.
Amounts available under the Income Carryforward privilege are not treated as excess
withdrawals, and therefore withdrawals under the Income Carryforward privilege will not reduce the Current Income Benefit Base.
The Nationwide L.inc Plus Riders will automatically terminate if an excess withdrawal reduces the Current Income Benefit
Base to $0.
| Example: |
| If the Current Income Benefit Base is $50,000, the Contract Value is $60,000, the Lifetime
Withdrawal Amount is $5,000, there is no Income Carryforward amount available, and a
withdrawal of $55,000 is taken, then $50,000 of the amount withdrawn is
an excess withdrawal ($55,000-$5,000). As a result, the Current Income
Benefit Base of $50,000 is reduced by $50,000 (the dollar amount of the
excess withdrawal), which is the greater of $50,000 or $45,455
[[$50,000/($60,000-$5,000)] x $50,000], and therefore the rider
terminates as the Current Income Benefit Base would be reduced to $0.
|
RMD Privilege
In addition, currently, Nationwide allows for an "RMD privilege" whereby Nationwide permits a Contract Owner to withdraw
Contract Value in excess of the Lifetime Withdrawal Amount (plus any amount available under the Income Carryforward privilege, if applicable) without reducing the Current Income Benefit Base if such excess withdrawal is for the sole purpose
of meeting Internal Revenue Code required minimum distributions for this contract. The RMD privilege is not available in the calendar year of the date the contract is issued. In order to qualify for the RMD privilege, the Contract Owner must:
52
(1)
be at least 73 (age 72
if born after June 30, 1949 and before January 1, 1951, or age 70½ if born before July 1, 1949) as of the date of the request;
(2)
own the contract as an IRA, SEP IRA, Simple IRA, or Investment-Only Contract; and
(3)
submit a completed administrative form in advance of the withdrawal to the Service
Center.
Nationwide reserves the right to modify or eliminate the RMD privilege if there is any change to the Internal Revenue Code or IRS rules relating to required minimum distributions, including the issuance of relevant IRS guidance. If Nationwide
exercises this right, Nationwide will provide notice to Contract Owners and any withdrawal in excess of the Lifetime Withdrawal Amount will reduce the remaining Current Income
Benefit Base.
Once the Contract Value falls to $0, the Contract Owner is no longer permitted to submit additional purchase payments or
take withdrawals in excess of the then applicable Lifetime Withdrawal Amount. Additionally, there is no Contract Value to annuitize, making the payment of the benefit associated with this option the only income stream producing benefit remaining
in the contract.
Reset Opportunities
Nationwide offers an automatic reset of the Current Income Benefit Base. If, on any
Contract Anniversary, the Contract Value exceeds the Current Income Benefit Base, Nationwide will automatically reset the Current Income Benefit Base to equal that Contract Value. This higher amount will be the new Current Income Benefit Base. This automatic reset will
continue until either the current charge for, or the list of permitted investment options associated with the applicable Nationwide L.inc Plus Rider changes.
In the event the current charge for, or the list of permitted investment options of the
applicable Nationwide L.inc Plus Rider changes, the reset opportunities still exist, but are no longer automatic. An election to reset the Current Income Benefit Base must be made by the Contract Owner to Nationwide. On or about each Contract Anniversary, Nationwide will provide notice
to the Contract Owner with information necessary to make this determination. Specifically, Nationwide will provide: the Contract Value; the Current Income Benefit Base; the current
terms and conditions associated with the applicable Nationwide L.inc Plus Rider; and instructions on how to communicate an election to reset the benefit base.
If the Contract Owner elects to reset the Current Income Benefit Base, it will be at the then current terms and conditions of the option as described in the most current prospectus. If Nationwide does not receive a Contract Owner’s election to
reset the Current Income Benefit Base within 60 days after the Contract Anniversary, Nationwide will assume that the Contract Owner does not wish to reset the Current Income Benefit Base. If the Current Income Benefit Base is not reset, it
will remain the same and the terms and conditions of the applicable Nationwide L.inc Plus Rider will not change (as applicable to that particular contract).
Contract Owners may cancel the automatic reset feature of the Nationwide L.inc Plus Rider by
notifying Nationwide as to such election.
Annuitization
If the Contract Owner elects to annuitize the contract, the elected Nationwide L.inc Plus Rider will terminate. Specifically,
the charge associated with the option will no longer be assessed and all benefits associated with the Nationwide L.inc Plus Rider will terminate.
Death of Determining Life
For contracts with no Joint Option for the Nationwide L.inc Plus Rider, upon the death of the determining life, the benefits
associated with the option terminate. If the Contract Owner is also the Annuitant, the death benefit will be paid in accordance with the Death Benefit
provision. If the Contract Owner is not the Annuitant, the Contract Value will be distributed as described in Appendix B: Contract Types and Tax Information.
For contracts with the Joint Option for the Nationwide L.inc Plus Rider, upon the death of the determining life, the surviving spouse continues to receive the same benefit associated with the Nationwide L.inc Plus Rider which had been received by the
deceased spouse, for the remainder of the survivor’s lifetime. The Contract Value will reflect the death benefit and the Spousal Protection benefit.
Tax Treatment
Although the tax treatment for Lifetime Withdrawals under withdrawal benefits such as the
Nationwide L.inc Plus Riders is not clear, Nationwide will treat a portion of each Lifetime Withdrawal as a taxable distribution, as follows:
53
First, Nationwide determines which is greater: (1)
the Contract Value immediately before the Lifetime Withdrawal; or (2) the Lifetime Withdrawal Amount immediately before the Lifetime Withdrawal. That amount (the greater of (1) or
(2)) minus any remaining investment in the contract at the time of the Lifetime Withdrawal represents the gain in the contract and the portion of the Lifetime Withdrawal reported as a taxable distribution. Where the gain in the contract exceeds the Lifetime
Withdrawal, the full amount of the Lifetime Withdrawal will be reported as a taxable distribution. Consult a qualified tax advisor.
Automatic Termination of the Nationwide L.inc Plus Riders
Upon termination of the Nationwide L.inc Plus Riders, Nationwide will no longer assess the charge associated with the
option, and all benefits associated with the Nationwide L.inc Plus Rider will terminate. In the following instances, the Nationwide L.inc Plus Riders will automatically terminate:
(1)
When withdrawals are taken in excess of the Lifetime Withdrawal Amount that reduce the Current
Income Benefit Base to $0;
(2)
On the Annuitization Date;
(3)
Upon the death of the determining life for contracts with no Joint Option; or
(4)
A full surrender of the contract.
Other Important Considerations
The Nationwide L.inc Plus Riders are designed for those intending to take Lifetime Withdrawals. The benefit of the
Nationwide L.inc Plus Riders will be reduced, potentially significantly, if the Contract Owner takes excess withdrawals or a Non-Lifetime Withdrawal.
Other important considerations include the following:
•
The chance of outliving Contract Value and receiving Lifetime Withdrawals from Nationwide may
be reduced due to the investment restrictions imposed on the Nationwide L.inc Plus Riders.
•
If the Contract Value is greater than $0, then Lifetime Withdrawals are paid from the Contract Owner’s Contract Value.
Note: While the Nationwide Lifetime Income Rider Plus Accelerated and Nationwide Lifetime Income Rider Plus Max provide for a higher applicable Lifetime Withdrawal Percentage when Contract Value is greater than $0, these riders can more quickly reduce your Contract Value.
•
If the Contract Value is equal to $0, then Lifetime Withdrawals are paid form Nationwide’s General Account.
•
Lifetime Withdrawals paid from the General Account are subject to Nationwide’s creditors
and ultimately, its overall claims paying ability.
Joint Option for the Nationwide Lifetime Income Rider Plus Empire
At the time the Nationwide Lifetime Income Rider Plus Empire is elected (at time of application), the Contract Owner may
elect the Joint Option for the Nationwide Lifetime Income Rider Plus Empire (the "Joint Option") (not available for contracts issued as Charitable Remainder Trusts). The Joint Option allows a surviving spouse to continue to receive, for the duration
of his/her lifetime, the benefit associated with the Nationwide Lifetime Income Rider Plus Empire, provided certain conditions are met. Once the Joint Option is elected, it may not be removed from the contract, except as provided in the Marriage Termination section. If the Joint Option is elected, the determining life for purposes of the
Nationwide Lifetime Income Rider Plus Empire will be that of the younger spouse.
| Example: |
| At the time of application, Ms. J purchased the Joint Option for the Nationwide Lifetime
Income Rider Plus Empire. She began taking Lifetime Withdrawals when she was 62. Three
years later, Ms. J passed away. Mr. J, Ms. J’s surviving spouse, is
entitled to continue to receive the same Lifetime Withdrawals for the
duration of his lifetime. At Mr. J’s death, the contract will
terminate. |
The annual charge for the Joint
Option will not exceed 0.30% of the Current Income Benefit Base. The charge will be assessed until annuitization. Currently, the charge for the Joint Option is 0.15% of the Current
Income Benefit Base. If the Contract Owner elects the Joint Option, Nationwide will reduce the Lifetime Withdrawal Percentages associated with the Nationwide Lifetime Income Rider Plus Empire.
54
The Lifetime Withdrawal Percentages for the Joint
Option for the Nationwide Lifetime Income Rider Plus Empire are disclosed in the Rate Sheet Supplement that is attached to the front of this prospectus delivered to you. For
additional information on Rate Sheet Supplements, see Nationwide Lifetime Income Rider Plus
Empire.
To be eligible for the Joint Option, the following conditions must be
met:
(1)
Both spouses must be between 50 and 85 years old at the time of application;
(2)
Both spouses must be at least age 50 before either spouse is eligible to begin withdrawals.
Note: the Internal
Revenue Code imposes a penalty tax if a distribution is made before the Contract Owner reaches age 59½
unless certain exceptions are met (see Appendix B: Contract Types and Tax Information);
(3)
If the Contract Owner is a non-natural person, both spouses must be named as Co-Annuitants,
except in the case of a non-natural person Contract Owner and/or Joint Owner, and where the Spousal Protection benefit is not used, the spouses must be named as the Annuitant and contingent Annuitant and as the only primary beneficiaries;
(4)
One or both spouses (or a revocable trust of which either or both of the spouses is/are
grantor(s)) must be named as the Contract Owner. For contracts issued as IRAs and Roth IRAs, only the person for whom the IRA or Roth IRA was established may be named as the Contract Owner;
(5)
Both spouses must be
named as primary beneficiaries;
(6)
No person other than the spouse may be named as Contract Owner, Annuitant, or primary
beneficiary; and
(7)
If both spouses are alive upon annuitization, the Contract Owner must specify which spouse is
the Annuitant upon whose continuation of life any annuity payments involving life contingencies depend (for IRA and Roth IRA contracts, this person must be the Contract Owner).
Note: The Joint Option is distinct from the Spousal Protection benefit associated with the death benefits. The Joint Option
allows a surviving spouse to continue receiving the Lifetime Withdrawals associated with the Nationwide Lifetime Income Rider Plus Empire. In contrast, the Spousal Protection benefit is a death benefit bump-up feature associated with the death
benefit.
Marriage Termination
If, prior to taking any withdrawals from the contract, the marriage terminates due to
divorce, dissolution, or annulment, the Contract Owner may remove the Joint Option from the contract. Nationwide will remove the benefit and the associated charge after the Contract Owner submits to the Service Center a written request and evidence of the marriage termination
satisfactory to Nationwide. Once the Joint Option is removed from the contract, the benefit may not be re-elected or added to cover a subsequent spouse.
If, after taking any withdrawals from the contract, the marriage terminates due to divorce,
dissolution, or annulment, the Contract Owner may not remove the Joint Option from the
contract.
Risks Associated with Electing the Joint Option
There are situations where a Contract Owner who elects the Joint Option will not receive the benefits associated with the
option. This will occur if:
(1)
the Contract Owner’s spouse (Co-Annuitant) dies before him/her;
(2)
the contract is annuitized;
(3)
after the first withdrawal, the marriage terminates due to divorce, dissolution, or annulment;
or
(4)
the beneficiary is changed.
Additionally, in the situations described in (1), (3), and (4) above, not only will the Contract Owner not receive the benefit associated with the Joint Option, but he/she must continue to pay any applicable charge until annuitization.
55
Joint Option for the Nationwide
Lifetime Income Rider Plus Core, Joint Option for the Nationwide Lifetime Income Rider Plus Accelerated, and Joint Option for the Nationwide Lifetime Income Rider Plus Max
At the time the Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider
Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max is elected (at time of application), the Contract Owner may elect the Joint Option for the Nationwide Lifetime Income Rider Plus Core, Joint Option for the Nationwide Lifetime Income Rider Plus
Accelerated, or Joint Option for the Nationwide Lifetime Income Rider Plus Max (each the "Joint Option") (not available for contracts issued as Charitable Remainder Trusts). The Joint Option allows a surviving spouse to continue to receive, for the
duration of his/her lifetime, the benefit associated with the corresponding Nationwide L.inc Plus Rider, provided certain conditions are met. Once the Joint Option is elected, it
may not be removed from the contract, except as provided in the Marriage Termination section.
If the Joint Option is elected, the determining life for purposes of the Nationwide L.inc Plus Rider will be that of the younger spouse. For applications signed on or after October
16, 2023, these Joint Options are no longer available for election.
| Example: |
| At the time of application, Ms. J purchased the Joint Option for the Nationwide Lifetime
Income Rider Plus Core. She began taking Lifetime Withdrawals when she was 62. Three
years later, Ms. J passed away. Mr. J, Ms. J’s surviving spouse, is
entitled to continue to receive the same Lifetime Withdrawals for the
duration of his lifetime. At Mr. J’s death, the contract will
terminate. |
The annual charge for the Joint
Option will not exceed 0.40% of the Current Income Benefit Base. The charge will be assessed until annuitization. Currently, the charge for the Joint Option is 0.30% of the Current
Income Benefit Base. If the Contract Owner elects the Joint Option, Nationwide will reduce the Lifetime Withdrawal Percentages associated with the Nationwide L.inc Plus Rider.
The Lifetime Withdrawal Percentages for the Joint Option for the Nationwide Lifetime Income
Rider Plus Core, Joint Option for the Nationwide Lifetime Income Rider Plus Accelerated, and Joint Option for the Nationwide Lifetime Income Rider Plus Max are disclosed in the Rate Sheet Supplement that is attached to the front of this prospectus delivered to you. For
additional information on Rate Sheet Supplements, see Nationwide Lifetime Income Rider Plus
Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max.
To be eligible for the Joint Option, the following conditions must be
met:
(1)
Both spouses must be between 50 and 85 years old at the time of application;
(2)
Both spouses must be at least age 50 before either spouse is eligible to begin withdrawals.
Note: the Internal
Revenue Code imposes a penalty tax if a distribution is made before the Contract Owner reaches age 59½
unless certain exceptions are met (see Appendix B: Contract Types and Tax Information);
(3)
If the Contract Owner is a non-natural person, both spouses must be named as Co-Annuitants,
except in the case of a non-natural person Contract Owner and/or Joint Owner, and where the Spousal Protection benefit is not used, the spouses must be named as the Annuitant and contingent Annuitant and as the only primary beneficiaries;
(4)
One or both spouses (or a revocable trust of which either or both of the spouses is/are
grantor(s)) must be named as the Contract Owner. For contracts issued as IRAs and Roth IRAs, only the person for whom the IRA or Roth IRA was established may be named as the Contract Owner;
(5)
Both spouses must be
named as primary beneficiaries;
(6)
No person other than the spouse may be named as Contract Owner, Annuitant, or primary
beneficiary; and
(7)
If both spouses are alive upon annuitization, the Contract Owner must specify which spouse is
the Annuitant upon whose continuation of life any annuity payments involving life contingencies depend (for IRA and Roth IRA contracts, this person must be the Contract Owner).
Note: The Joint Option is distinct from the Spousal Protection benefit associated with the death benefits. The Joint Option
allows a surviving spouse to continue receiving the Lifetime Withdrawals associated with the Nationwide L.inc Plus Riders. In contrast, the Spousal Protection benefit is a death benefit bump-up feature associated with the death benefit.
56
Marriage
Termination
If, prior to taking any withdrawals from the contract, the marriage terminates due to divorce, dissolution, or annulment, the
Contract Owner may remove the Joint Option from the contract. Nationwide will remove the benefit and the associated charge after the Contract Owner submits to the Service Center a written request and evidence of the marriage termination
satisfactory to Nationwide. Once the Joint Option is removed from the contract, the benefit may not be re-elected or added to cover a subsequent spouse.
If, after taking any withdrawals from the contract, the marriage terminates due to divorce,
dissolution, or annulment, the Contract Owner may not remove the Joint Option from the
contract.
Risks Associated with Electing the Joint Option
There are situations where a Contract Owner who elects the Joint Option will not receive the benefits associated with the
option. This will occur if:
(1)
the Contract Owner’s spouse (Co-Annuitant) dies before him/her;
(2)
the contract is annuitized;
(3)
after the first withdrawal, the marriage terminates due to divorce, dissolution, or annulment;
or
(4)
the beneficiary is changed.
Additionally, in the situations described in (1), (3), and (4) above, not only will the Contract Owner not receive the benefit associated with the Joint Option, but he/she must continue to pay any applicable charge until annuitization.
Ownership and Interests in the Contract
Contract Owner
Prior to the Annuitization Date, the Contract Owner has all rights under the contract, unless
a joint owner is named. If a joint owner is named, each joint owner has all rights under the contract. Purchasers who name someone other than themselves as the Contract Owner will have no rights under the contract.
On the Annuitization Date, the Contract Owner cedes all ownership rights to the
Annuitant and the Annuitant becomes the Contract Owner, unless the Contract Owner is a Charitable Remainder Trust. If the Contract Owner is a Charitable Remainder Trust, the Charitable Remainder Trust continues to be the Contract Owner after annuitization.
Joint Owner
Prior to the Annuitization Date, joint owners each own an undivided interest in the
contract.
Non-Qualified Contract Owners can name a joint owner at any time before annuitization. Joint ownership is not permitted on
contracts owned by a non-natural Contract Owner.
Generally, the exercise of any ownership rights under the contract must be in writing and signed by both joint owners. However, if a written election, signed by both Contract Owners, authorizing Nationwide to allow the exercise of ownership
rights independently by either joint owner is submitted, Nationwide will permit joint owners to act independently. If such an authorization is submitted, Nationwide will not be liable for any loss, liability, cost, or expense for acting in accordance with the instructions of either joint owner.
If either joint owner dies before the Annuitization Date, the contract continues with the
surviving joint owner as the remaining Contract Owner.
On the Annuitization Date, both joint owners cede all ownership rights to the Annuitant and
the Annuitant becomes the Contract Owner.
Contingent Owner
Prior to the Annuitization Date, the contingent owner succeeds to the rights of a Contract
Owner if a Contract Owner who is not the Annuitant dies before the Annuitization Date and there is no surviving joint owner.
57
If a Contract Owner who is the Annuitant dies
before the Annuitization Date, the contingent owner will not have any rights under the contract, unless such contingent owner is also the beneficiary.
The
Contract Owner may name a contingent owner at any time before the Annuitization Date.
After the Annuitization Date, the contingent owner will not have any interest in the
contract.
Annuitant
Prior to the Annuitization Date, the Annuitant has no interest in the contract, but must be named in the application. Only
Non-Qualified Contract Owners may name someone other than himself/herself as the Annuitant. This Annuitant must be age 90 or younger at the time of the contract issuance, unless Nationwide approves a request for an Annuitant of greater
age.
On the Annuitization Date, the Annuitant becomes the new owner and has all ownership rights in the contract. The Annuitant is the person who receives annuity payments and the person upon whose continuation of life any annuity payment
involving life contingencies depends.
Contingent
Annuitant
Prior to the Annuitization Date, if the Annuitant dies before the Annuitization Date, the Contingent Annuitant becomes the
Annuitant and all provisions of the contract that are based on the Annuitants death prior to the Annuitization Date will be based on the death of the Contingent Annuitant. Only Non-Qualified Contract Owners may name a Contingent Annuitant. The
Contingent Annuitant need not be named at the time of application. Regardless of when the Contingent Annuitant is added he/she must be (or must have been) age 90 or younger at the
time of contract issuance, unless Nationwide approves a request for a Contingent Annuitant of greater age.
Co-Annuitant
Prior to the Annuitization Date, a Co-Annuitant is entitled to receive the benefit of the Spousal Protection benefit, provided
all of the requirements set forth in the Spousal Protection benefit section are met. A Co-Annuitant, if named, must be named at the time of application and must be the Annuitant’s spouse.
If either Co-Annuitant dies before the Annuitization Date, the surviving Co-Annuitant may
continue the contract and will receive the benefit of the Spousal Protection benefit.
After the Annuitization Date, the Co-Annuitant has no interest in the
contract.
Joint Annuitant
Prior to the Annuitization Date, there is no joint annuitant.
On the Annuitization Date, if applicable, a joint annuitant is named. The joint annuitant is
designated as a second person (in addition to the Annuitant) upon whose continuation of life any annuity payment involving life contingencies depends.
Beneficiary and Contingent Beneficiary
Prior to the Annuitization Date, the beneficiary is the person who is entitled to the death benefit if the Annuitant (and
Contingent Annuitant, if applicable) dies before the Annuitization Date and there is no joint owner. The Contract Owner can name more than one beneficiary. Multiple beneficiaries will share the death benefit equally, unless otherwise specified.
A contingent beneficiary will succeed to the rights of the beneficiary if no beneficiary is alive when a death benefit is paid. The Contract Owner can name more than one contingent beneficiary. Multiple contingent beneficiaries will share the death
benefit equally, unless otherwise specified.
After the Annuitization Date, the beneficiaries and contingent beneficiaries have no interest
in the contract.
Changes to the Parties to the
Contract
Prior to the Annuitization Date (and subject to any existing assignments), the Contract Owner may request to change the
following:
•
Contract Owner (Non-Qualified Contracts only);
58
•
joint owner;
•
contingent owner;
•
Annuitant (subject to Nationwide’s underwriting and approval);
•
Contingent Annuitant (subject to Nationwide's underwriting and approval);
•
Co-Annuitant (must be Annuitant's spouse)
•
beneficiary; or
•
contingent beneficiary.
The Contract Owner must submit the request to Nationwide in writing and Nationwide
must receive the request at the Service Center before the Annuitization Date. Once Nationwide receives and records the change request, the change will be effective as of the date the written request was signed (unless otherwise specified by the Contract Owner), whether or
not the Contract Owner or Annuitant is living at the time it was recorded. The change will not affect any action taken by Nationwide before the change was recorded. Nationwide reserves the right to reject any change request that would alter the
nature of the risk that Nationwide assumed when it originally issued the contract.
If the Contract Owner is not a natural person and there is a change of the Annuitant,
distributions will be made as if the Contract Owner died at the time of the change, regardless of whether the Contract Owner named a Contingent Annuitant.
Any request to change the Contract Owner must be signed by the existing Contract Owner and the person designated as the new Contract Owner. Nationwide may require a signature guarantee. Changes in contract ownership may result in federal
income taxation and may be subject to state and federal gift taxes. Changes in ownership and contract assignments could have a negative impact on certain benefits under the
contract, including the death benefit and the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max.
Certain options and features under the contract have specific requirements as to who can be named as the beneficiary in
order to receive the benefit of the option or feature. Changes to the beneficiary may result in the termination or loss of benefit of these options or features. Further, changes to the beneficiary may result in the Contract Owner not receiving the
benefit associated with an option while still continuing to pay any applicable charge for the option. Contract Owners contemplating changes to the beneficiary to the contract should contact their financial professional to determine how the
changes impact the options and features under the contract.
Community Property States
In community property states, the Contract Owner’s spouse may have a community property
interest in the proceeds of an annuity contract even if the spouse is not a named party on the contract. Changes of beneficiary and/or ownership, assignment, and certain financial transactions may impede the spouse’s community property interest. The spouse may
need to consent to these types of transactions. The Contract Owner should seek legal advice regarding the applicability of community property laws to the contract and whether spousal consent is necessary. Nationwide is not responsible for
determining the applicability of community property laws to the contract.
Assignment
Contracts other than Non-Qualified Contracts may not be assigned, pledged or otherwise
transferred except where allowed by law.
A Non-Qualified Contract Owner may assign some or all rights under the contract subject to
Nationwide’s consent. Additionally, Nationwide reserves the right to refuse to recognize assignments on a non-discriminatory basis. Nationwide is not responsible for the validity or tax consequences of any assignment and Nationwide is not liable for any payment or
settlement made before the assignment is recorded. Assignments will not be recorded until Nationwide receives sufficient direction from the Contract Owner and the assignee regarding the proper allocation of contract rights.
Beneficially Owned Contracts
A beneficially owned contract is a contract that is inherited or
purchased by a beneficiary and the beneficiary holds the contract as a beneficiary (as opposed to treating the contract as his/her own) to facilitate the distribution of a death
benefit or contract value in accordance with the applicable federal tax laws (see Appendix B:
Contract Types and Tax Information). An owner of a beneficially owned contract is referred to
as a "beneficial owner."
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There are two types of beneficially owned
contracts, a "continued beneficially owned contract" and a "purchased beneficially owned contract." A continued beneficially owned contract is when a beneficiary inherits a
contract and continues that contract as a beneficial owner. A "purchased beneficially owned contract" is when a beneficiary purchases a new contract using a death benefit or contract value that the beneficiary inherited under a different annuity contract.
Not
all options and features described in this prospectus are available to beneficially owned contracts:
•
Subsequent purchase payments are not permitted under any beneficially owned contract.
•
Withdrawals under beneficially owned contracts are subject to applicable CDSC except when the
withdrawals are made from a continued beneficially owned contract that is inherited as death benefit proceeds (as opposed to inherited contract value).
•
No optional benefits are permitted under any beneficially owned contract, except that a purchased beneficially owned
contract may elect an optional death benefit.
•
A beneficial owner must be both the Contract Owner and the Annuitant of a beneficially owned
contract, and no additional parties may be named, except that a purchased beneficially owned contract may name a Co-Annuitant if an optional death benefit is elected.
•
No changes to the parties will be permitted on any beneficially owned contract, except that a beneficial owner may request
changes to their successor beneficiary(ies).
•
Beneficially owned contracts cannot be assigned, except that a beneficial owner may assign
rights to the distribution payments.
There is no death benefit payable
on a continued beneficially owned contract. After the death of the beneficial owner, any remaining death benefit or contract value to be distributed will be payable to a successor
beneficiary in accordance with applicable federal tax laws.
A beneficiary who is the surviving spouse of a contract owner has the option under the tax
laws to continue the contract as the sole contract owner and treat the contract as the spouse’s own. If a spouse continues the contract as the sole contract owner, the spouse will not be treated as a beneficial owner and this section will not apply.
Operation of the Contract
Pricing
Generally, Nationwide prices Accumulation Units on each day that the New York Stock Exchange
is open. (Pricing is the calculation of a new Accumulation Unit value that reflects that day's investment experience.)
Accumulation Units are not priced when the New York Stock Exchange is closed or on the following nationally recognized holidays (or on the dates that such holidays are observed by the New York Stock Exchange):
•
New Year's Day
•
Martin Luther King, Jr. Day
•
Presidents' Day
•
Good
Friday
•
Memorial Day
•
Juneteenth National Independence Day
•
Independence Day
•
Labor
Day
•
Thanksgiving
•
Christmas
Nationwide also
will not price purchase payments, withdrawals, or transfers if:
(1)
trading on the New York Stock Exchange is restricted;
(2)
an emergency exists making disposal or valuation of securities held in the Variable Account
impracticable; or
(3)
the SEC, by order, permits a suspension or postponement for the protection of security
holders.
Rules and regulations of the SEC will govern as to when the conditions described in (1) and (2) exist. If Nationwide is closed on days when the New York Stock Exchange is open, Contract Value may change and Contract Owners will not have access
to their accounts.
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Application and Allocation of
Purchase Payments
Initial Purchase Payments
Initial purchase payments will be priced at the Accumulation Unit value next determined no later than two business days after receipt of an order to purchase if the application and all
necessary information are complete and are received at the Service Center before the close of regular trading
on the New York Stock Exchange, which generally occurs at 4:00 p.m. EST. If the order is received after the close of regular trading on the New York Stock Exchange, the initial
purchase payment will be priced within two business days after the next Valuation Date.
If an incomplete application is not completed within five business days after receipt at the Service Center, the prospective purchaser will be
informed of the reason for the delay. The purchase payment will be returned unless the prospective purchaser specifically consents to allow Nationwide to hold the purchase payment until the application is completed.
Nationwide will immediately allocate initial purchase payments to the investment options
based on the instructions contained on the application.
Subsequent Purchase Payments
Any subsequent purchase payment received at the Service Center (along with all necessary information) before the close of regular trading on the New York Stock Exchange on any Valuation Date will be priced at the Accumulation
Unit value next determined after receipt of the purchase payment. If a subsequent purchase payment is received
at the Service Center (along with all
necessary information) after the close of regular trading on the New York Stock Exchange, it will be priced at the Accumulation Unit value determined on the following
Valuation Date.
Allocation of Purchase Payments
Nationwide allocates purchase payments to the Sub-Accounts as instructed by the Contract Owner. Shares of the underlying
mutual funds in which the Sub-Accounts invest are purchased at Net Asset Value, then the Contract Owner receives Accumulation Units in the Sub-Account(s) to which the Contract
Owner allocated purchase payments.
Contract Owners can change allocations or make exchanges among the Sub-Accounts after the time of application by submitting
a written request to the Service Center. However, no change may be made that would result in an amount less than 1% of the purchase payments being allocated to any Sub-Account. In
the event that Nationwide receives such a request, Nationwide will inform the Contract Owner that the allocation instructions are invalid and that the contract's allocations among the Sub-Accounts prior to the request will remain in effect. Certain transactions may be subject to
conditions imposed by the underlying mutual funds.
Determining the Contract Value
The Contract Value is the sum of the value of amounts allocated to the Sub-Accounts. If charges are assessed against the
whole Contract Value, Nationwide will deduct a proportionate amount from each Sub-Account based on current cash values.
Determining Variable Account Value - Valuing an
Accumulation Unit
Sub-Account allocations are accounted for in Accumulation Units. Accumulation Unit values (for each Sub-Account) are determined by calculating the Net Investment Factor for the Sub-Accounts for the current Valuation Period and multiplying
that result with the Accumulation Unit values determined on the previous Valuation Period. For each Sub-Account, the Net Investment Factor is the investment performance of the underlying mutual fund in which a particular Sub-Account invests,
including the charges assessed against that Sub-Account for a Valuation Period.
Nationwide uses the Net Investment Factor as a way to calculate the investment
performance of a Sub-Account from Valuation Period to Valuation Period.
The Net Investment Factor for any particular Sub-Account before the Annuitization Date is
determined by dividing (a) by (b), and then subtracting (c) from the result, where:
(a)
is the sum of:
(1)
the Net Asset Value of the underlying mutual fund as of the end of the current Valuation
Period; and
(2)
the per share amount of any dividend or income distributions made by the underlying mutual fund
(if the date of the dividend or income distribution occurs during the current Valuation
Period).
(b)
is the Net Asset Value of the underlying mutual fund determined as of the end of the preceding
Valuation Period.
61
(c)
is a factor
representing the daily total Variable Account charges, which may include charges for optional benefits elected by the Contract Owner. The factor is equal to an annualized rate
ranging from 0.85% (with the Administrative Charge waiver; otherwise, 0.95%) to 1.45% of the Daily Net Assets, depending on which optional benefits the Contract Owner elects.
Note: The range shown above reflects only those Variable Account charges
that are assessed daily as part of the daily Accumulation Unit calculation. It does not reflect the cost of other optional benefits that assess charges via the redemption of Accumulation Units.
Based on the change in the Net Investment Factor, the value of an Accumulation Unit may increase or decrease. Changes in the
Net Investment Factor may not be directly proportional to changes in the Net Asset Value of the underlying mutual fund shares because of the deduction of Variable Account
charges.
Though the number of Accumulation Units will not change as a result of investment experience, the value of an Accumulation
Unit may increase or decrease from Valuation Period to Valuation Period.
Transfer Requests
Contract Owners may submit transfer requests in writing, over the telephone, or via the
Internet to the Service Center. Some benefits or features under the contract may limit the manner in which transfer requests can be submitted, as indicated in the respective provision. Nationwide may restrict or withdraw the telephone and/or Internet transfer privilege at
any time.
Generally, Sub-Account transfers will receive the Accumulation Unit value next computed after
the transfer request is received at the Service Center. However, if a contract that is limited to submitting transfer requests via U.S. mail submits a transfer request via the Internet or telephone pursuant to Nationwide's one-day delay policy, the transfer will be executed
on the next Valuation Date after the exchange request is received at the Service Center (see
Transfer Restrictions).
Transfers Prior to Annuitization
Transfers Among the Sub-Accounts
A Contract Owner may request to transfer allocations among the Sub-Accounts at any time, subject to terms and conditions
imposed by this prospectus and the underlying mutual funds.
Transfers After Annuitization
Only fixed annuitization options are available under this contract. Therefore, after
annuitization, there are no transfer rights. See Annuitizing the Contract.
Transfer Restrictions
Neither the contracts described in this prospectus nor the underlying mutual funds are designed to support active trading
strategies that require frequent movement between or among Sub-Accounts (sometimes referred to as "market-timing" or "short-term trading"). A Contract Owner who intends to use an active trading strategy should consult his/her financial
professional and request information on other Nationwide variable annuity contracts that offer investment in underlying mutual funds that are designed specifically to support active trading strategies.
Nationwide discourages (and will take action to deter) short-term trading in this contract
because the frequent movement between or among Sub-Accounts may negatively impact other investors in the contract. Short-term trading can result in:
•
the dilution of the value of the investors' interests in the underlying mutual fund;
•
underlying mutual fund managers taking actions that negatively impact performance (keeping a
larger portion of the underlying mutual fund assets in cash or liquidating investments prematurely in order to support redemption requests); and/or
•
increased administrative costs due to frequent purchases and redemptions.
To protect investors in this contract from the negative impact of these practices, Nationwide has implemented, or reserves
the right to implement, several processes and/or restrictions aimed at eliminating the negative impact of active trading strategies. Nationwide makes no assurances that all risks associated with short-term trading will be completely eliminated
by these processes and/or restrictions.
62
Nationwide cannot guarantee that its attempts to
deter active trading strategies will be successful. If Nationwide is unable to deter active trading strategies, the performance of the Sub-Accounts that are actively traded may be
adversely impacted.
U.S. Mail Restrictions
Nationwide monitors transfer activity in order to identify those who may be engaged in harmful trading practices.
Transaction reports are produced and examined. Generally, a contract may appear on these reports if the Contract Owner (or a third party acting on their behalf) engages in a certain number of "transfer events" in a given period. A "transfer
event" is any transfer, or combination of transfers, occurring on a given trading day (Valuation Period). For example, if a Contract Owner executes multiple transfers involving 10 investment options in one day, this counts as one transfer event. A
single transfer occurring on a given trading day and involving only two investment options will also count as one transfer event.
As a result of this monitoring process, Nationwide may restrict the method of communication by which transfer orders will be accepted. In general, Nationwide will adhere to the following guidelines:
| Trading Behavior |
Nationwide's Response |
| Six or more transfer events within
one calendar quarter |
Nationwide will mail a letter to the Contract Owner notifying them that:
(1)they have been identified as engaging in harmful trading practices; and (2)if their transfer events total 11 within two consecutive calendar quarters or 20 within one
calendar year, the Contract Owner will be limited to submitting transfer requests via
U.S. mail on a Nationwide issued form. |
| 11 transfer events within two
consecutive calendar quarters
OR
20 transfer events within one
calendar year |
Nationwide will automatically limit the Contract Owner to submitting transfer requests via U.S.
mail on a Nationwide issued form. |
For purposes of Nationwide's transfer policy, U.S. mail includes standard U.S. mail,
overnight U.S. mail, and overnight delivery via private carrier.
For calendar year restrictions, each January 1, Nationwide will start the monitoring anew, so
that each contract starts with 0 transfer events each January 1. For restrictions on transfer events within two consecutive calendar quarters, Nationwide refreshes the transfer event restriction period at the beginning of each calendar quarter considering only transfers that
occur in the current calendar quarter and occurred in the immediately preceding calendar
quarter.
Contract Owners that are required to submit transfer requests via U.S. mail will be required to use a Nationwide issued form
for their transfer request. Nationwide will refuse transfer requests that either do not use the Nationwide issued form for their transfer request or fail to provide accurate and
complete information on their transfer request form. In the event that a Contract Owner's transfer request is refused by Nationwide, they will receive notice in writing by U.S.
mail and will be required to resubmit their transfer request on a Nationwide issued form.
Managers of Multiple Contracts
Some investment financial professionals manage the assets of multiple Nationwide contracts pursuant to trading authority
granted or conveyed by multiple Contract Owners. These multi-contract financial professionals may be required by Nationwide to submit all transfer requests via U.S. mail.
Nationwide may, as an administrative practice, implement a "one-day delay" program for these multi-contract financial
professionals, which they can use in addition to or in lieu of submitting transfer requests via U.S. mail. The one-day delay option permits multi-contract financial professionals to continue to submit transfer requests via the Internet or telephone.
However, transfer requests submitted by multi-contract financial professionals via the Internet or telephone will not receive the next available Accumulation Unit value. Rather, they will receive the Accumulation Unit value that is calculated on the
following Valuation Date. Transfer requests submitted under the one-day delay program are irrevocable. Multi-contract financial professionals will receive advance notice of being subject to the one-day delay program.
63
Other
Restrictions
Nationwide reserves the right to refuse or limit transfer requests, or take any other action it deems necessary in order to
protect Contract Owners, Annuitants, and beneficiaries from the negative investment results that may result from short-term trading or other harmful investment practices employed by some Contract Owners (or third parties acting on their behalf).
In particular, trading strategies designed to avoid or take advantage of Nationwide's monitoring procedures (and other measures aimed at curbing harmful trading practices) that are
nevertheless determined by Nationwide to constitute harmful trading practices, may be
restricted.
Any restrictions that Nationwide implements will be applied consistently and uniformly.
Underlying Mutual Fund Restrictions and Prohibitions
Pursuant to regulations adopted by the SEC, Nationwide is required to enter into written agreements with the underlying
mutual funds which allow the underlying mutual funds to:
(1)
request the taxpayer identification number, international taxpayer identification number, or
other government issued identifier of any Contract Owner;
(2)
request the amounts
and dates of any purchase, redemption, transfer, or exchange request ("transaction information"); and
(3)
instruct Nationwide to restrict or prohibit further purchases or exchanges by Contract Owners
that violate policies established by the underlying mutual fund (whose policies may be more restrictive than Nationwide's policies).
Nationwide is required to provide such transaction information to the underlying mutual funds upon their request. In
addition, Nationwide is required to restrict or prohibit further purchases or requests to exchange into a specific Sub-Account upon instruction from the underlying mutual fund in which that Sub-Account invests. Nationwide and any affected Contract
Owner may not have advance notice of such instructions from an underlying mutual fund to restrict or prohibit further purchases or requests to exchange. If an underlying mutual
fund refuses to accept a purchase or request to exchange into the Sub-Account associated with the underlying mutual fund submitted by Nationwide, Nationwide will keep any affected Contract Owner in their current Sub-Account allocation.
Right to Examine and Cancel
If the Contract Owner elects to cancel the contract, he/she may return it to the Service Center within a certain period of
time known as the "free look" period. The free look period is 10 days, unless the contract is purchased as a replacement for another annuity contract, in which case it is 60 days. For ease of administration, Nationwide will honor any free look
cancellation request that is in good order and received at the Service Center or postmarked within 30 days after the contract issue date. Nationwide will also honor any free look cancellation for replacement annuity contracts that are
received at the Service Center or postmarked within 60 days after the contract issue date. The contract issue date is the date the initial purchase payment is applied to the contract.
In the event of a free look cancellation, Nationwide will return the Contract Value as of the date of the cancellation, less
any withdrawals from the contract and any applicable federal and state income tax withholding.
Liability of the Variable Account under this provision is limited to the Contract Value in each Sub-Account on the date of revocation. Any additional amounts refunded to the Contract Owner will be paid by Nationwide.
Surrender/Withdrawal Prior to Annuitization
Prior to annuitization and before the Annuitant's death, Contract Owners may generally withdraw some or all of their Contract Value. Withdrawals from the contract may be subject to federal income tax and/or a tax penalty (see Appendix B:
Contract Types and Tax Information). Withdrawal requests may be submitted in writing or by
telephone to the Service Center and
Nationwide may require additional information. Requests submitted by telephone may be subject to dollar amount limitations and may be subject to payment and other restrictions to prevent fraud. Nationwide reserves the right to require written requests to be submitted on current Nationwide forms for withdrawals. Nationwide reserves the right to remove the ability to submit requests by telephone upon written notice. Contact the Service Center for current limitations and
restrictions. When taking a full surrender, Nationwide may require that the contract accompany the request.
Nationwide may require a signature guarantee.
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Surrender and withdrawal requests will receive the
Accumulation Unit value next determined at the end of the current Valuation Period if the request and all necessary information is received at the Service Center before the close of regular trading on
the New York Stock Exchange (generally, 4:00 pm EST). If the request and all necessary information is received after the close of regular trading on the New York Stock Exchange,
the request will receive the Accumulation Unit value determined at the end of the next Valuation Day.
Nationwide will pay any
amounts withdrawn from the Sub-Accounts within seven days after the request is received in good order at the Service Center (see Determining the Contract Value). However, Nationwide may suspend or postpone payment when it is
unable to price a purchase payment or transfer, or as permitted or required by federal securities laws and rules and regulations of the SEC.
Partial Withdrawals
If a Contract Owner requests a partial withdrawal, Nationwide will redeem Accumulation Units
from the Sub-Accounts. The amount withdrawn from each investment option will be in proportion to the value in each option at the time of the withdrawal request, unless Nationwide is instructed otherwise.
Partial withdrawals are subject to the CDSC provisions of the contract. If a CDSC is
assessed, the Contract Owner may elect to have the CDSC deducted from either:
(a)
the amount requested; or
(b)
the Contract Value remaining after the Contract Owner has received the amount requested.
If the Contract Owner does not make a specific election, any applicable CDSC will be deducted from the amount requested by
the Contract Owner.
The CDSC deducted is a percentage of the amount requested by the Contract Owner. Amounts deducted for CDSC are not subject
to subsequent CDSC.
Termination for
Low Contract Value
Nationwide reserves the right to treat a request for a partial withdrawal as a request for a full surrender of the contract if:
(a)
the partial withdrawal would reduce the Contract Value to an amount less than $2,000;
(b)
cumulative purchase payments, less any partial withdrawals, is less than $2,000; and
(c)
no subsequent purchase payments have been submitted for the preceding two consecutive Contract
Years.
Nationwide may not exercise this right until at least three years after the date of issue.
No contract will be surrendered due solely to negative investment performance, and federal tax law may impose additional restrictions on Nationwide’s right to surrender your contract. In addition, Nationwide will not surrender any contract that includes the Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide
Lifetime Income Rider Plus Max, or the Return of Premium Death Benefit Option, Return of Premium Death Benefit Option with Spousal Protection, Highest Anniversary Value Death
Benefit Option, or Highest Anniversary Value Death Benefit Option with Spousal Protection if, at the time the termination would otherwise occur, the guaranteed benefit remaining under these options is greater than the Contract Value. For all other contracts, Nationwide reserves the right to
exercise this termination provision, subject to obtaining any required regulatory approvals.
Partial Withdrawals to Pay Investment Advisory Fees
Some Contract Owners utilize an investment advisor(s) to manage their assets, for which the investment advisor assesses a
fee. Investment advisors are not endorsed or affiliated with Nationwide and Nationwide makes no representation as to their qualifications. The fees for these investment advisory
services are specified in the respective account agreements and are separate from and in addition to the contract fees and expenses described in this prospectus. Some Contract
Owners authorize their investment advisor to take a partial withdrawal(s) from the contract in order to collect investment advisory fees. Withdrawals taken from this contract to pay advisory or investment management fees are subject to the CDSC
provisions of the contract and may be subject to income tax and/or tax penalties. In addition, withdrawals taken from the contract to pay advisory or investment management
fees may negatively impact the benefit associated with the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max.
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Full Surrenders
Upon full surrender, the Contract Value may be more or less than the total of all purchase payments made to the contract.
The Contract Value will reflect:
•
standard contract charges
•
charges for optional benefits elected by the Contract Owner
•
underlying mutual fund charges
•
investment performance of the Sub-Accounts
The CDSC-free withdrawal privilege
does not apply to full surrenders of the contract. For purposes of the CDSC-free withdrawal privilege, a full surrender is:
•
multiple withdrawals taken within a Contract Year that deplete the entire Contract Value;
or
•
any single net withdrawal of 90% or more of the Contract Value.
Surrender/Withdrawal After Annuitization
After the Annuitization Date, withdrawals other than regularly scheduled annuity payments are not permitted.
Contract Owner Services
Asset Rebalancing
Asset Rebalancing is the automatic reallocation of Contract Values to the Sub-Accounts on a
predetermined percentage basis. Requests for Asset Rebalancing must be on a Nationwide form and submitted to the Service Center. Once Asset Rebalancing is elected, it will only be terminated upon specific instruction from the Contract Owner; manual transfers will
not automatically terminate the program. Currently, there is no additional charge for Asset Rebalancing.
Asset Rebalancing occurs every three months or on another frequency if permitted by Nationwide. If the last day of the designated rebalancing period falls on a Saturday, Sunday, recognized holiday, or any other day when the New York Stock
Exchange is closed, Asset Rebalancing will occur on the next business day. Each Asset Rebalancing reallocation is
considered a transfer event (see Transfer Restrictions).
Contract Owners should consult a financial professional to discuss the use of Asset Rebalancing.
Nationwide reserves the right to stop establishing new Asset Rebalancing programs. Existing Asset Rebalancing programs will remain in effect unless otherwise terminated.
| Example: |
| Mr. C elects to participate in Asset Rebalancing and has instructed his Contract Value be
allocated as follows: 40% to Sub-Account A, 40% to Sub-Account B, and 20% to
Sub- Account C. Mr. C elects to rebalance quarterly. Each quarter,
Nationwide will automatically rebalance Mr. C’s Contract Value by
transferring Contract Value among the three elected Sub-Accounts so that
his 40%/40%/20% allocation remains intact. |
Dollar Cost Averaging
Dollar Cost Averaging is a long-term transfer program that allows the Contract Owner to make regular, level investments over
time. Dollar Cost Averaging involves the automatic transfer of a specific amount from certain Sub-Accounts into other Sub-Accounts. With this service, the Contract Owner benefits
from the ability to invest in the Sub-Accounts over a period of time, thereby smoothing out the effects of market volatility. Nationwide does not guarantee that this program will
result in profit or protect Contract Owners from loss.
Contract Owners direct Nationwide to automatically transfer specified amounts from the
following Sub-Account(s) (if available):
•
Nationwide Variable Insurance Trust - NVIT Government Money Market Fund: Class II
•
Nationwide Variable Insurance Trust - NVIT Loomis Core Bond Fund: Class II
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•
Nationwide Variable Insurance Trust - NVIT Loomis Short Term Bond Fund: Class II
•
PIMCO Variable Insurance Trust - Short-Term Portfolio: Advisor Class
to any other Sub-Account(s).
Transfers occur monthly. Nationwide will process transfers until either the value in the originating investment option is exhausted or the Contract Owner instructs Nationwide to stop the transfers. When a Contract Owner instructs Nationwide to
stop the transfers, all amounts remaining in the originating Sub-Account will remain allocated to the Sub-Account, unless Nationwide is instructed otherwise. Dollar Cost Averaging
transfers are not considered transfer events.
Nationwide reserves the right to stop establishing new Dollar Cost Averaging programs.
| Example: |
| Ms. T elects to participate in Dollar Cost Averaging and has transferred $25,000 to an
eligible Sub-Account (Sub-Account S) that will serve as the source investment option
for her Dollar Cost Averaging program. She would like the Dollar Cost
Averaging transfers to be allocated as follows: $500 to Sub-Account L and
$1,000 to Sub-Account M. Each month, Nationwide will automatically
transfer $1,500 from Sub-Account S and allocate $1,000 to Sub-Account M
and $500 to Sub-Account L. |
Dollar Cost
Averaging is not available if the Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max is
elected.
Systematic Withdrawals
Systematic Withdrawals allow Contract Owners to receive a specified amount (of at least $100) on a monthly, quarterly,
semi-annual, or annual basis. Requests for Systematic Withdrawals and requests to discontinue Systematic Withdrawals must be submitted in good order and in writing to the Service Center.
The withdrawals will be taken from the Sub-Accounts proportionally unless Nationwide is
instructed otherwise.
Nationwide will withhold federal income taxes from Systematic Withdrawals unless otherwise instructed by the Contract Owner.
The Internal Revenue Service may impose a 10% penalty tax if the Contract Owner is under age 59½, unless the Contract Owner has made an irrevocable election of distributions
of substantially equal payments.
A CDSC may apply to amounts taken through Systematic Withdrawals. If the Contract Owner takes Systematic Withdrawals, the
maximum amount that can be withdrawn annually without a CDSC is the amount available under the CDSC-free withdrawal privilege (see Contingent Deferred Sales Charge).
The CDSC-free withdrawal privilege for Systematic Withdrawals is non-cumulative. Free amounts not taken during any Contract Year cannot be taken as free amounts in a subsequent Contract Year. In any given Contract Year, any amount
withdrawn in excess of the amount permitted under this program will be subject to the CDSC provisions (see Contingent Deferred Sales Charge).
Nationwide reserves the right to stop establishing new Systematic Withdrawal programs. Systematic Withdrawals are not available before the end of the free look period.
Contract Owners should fully understand the impact of taking Systematic Withdrawals if they have elected the Nationwide
Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max. Systematic Withdrawals are subject to the same terms and
conditions under one of these optional benefits as manual withdrawals. As such, a Systematic Withdrawal may initiate
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Lifetime Withdrawals and could be an excess
withdrawal depending on the facts and circumstances. Systematic Withdrawals will continue to be taken for as long as the instructions remain in effect, even if there are negative
consequences. Contract Owners should consult with a financial professional before initiating Systematic Withdrawals.
| Example: |
| Ms. H elects to take Systematic Withdrawals equal to $5,000 on a quarterly basis. She has
not directed that the withdrawals be taken from specific Sub-Accounts, so each quarter,
Nationwide will withdraw $5,000 from Ms. H’s contract
proportionally from each Sub- Account, and will mail her a check or wire
the funds to the financial institution of her choice. |
Custom Choice Asset Rebalancing Service
For Contract Owners that have elected the Nationwide Lifetime Income Rider Plus Empire,
Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max option, Nationwide makes available the Custom Choice Asset Rebalancing Service ("Custom Choice") at no extra charge. Custom
Choice is an asset allocation framework that Contract Owners can use to build their own customized portfolio of investments, subject to the applicable fund category (Groups A, B,
and C) allocation limitations (see Appendix A: Investment Options Available Under the Contract). Asset allocation is the process of investing in different asset classes
(such as equity funds, fixed income funds, and specialty funds) and may reduce the risk and volatility of investing. There are no guarantees that Custom Choice will result in a profit or protect against loss in a declining market.
Enrolling in Custom
Choice
To participate in Custom Choice, eligible Contract Owners may enroll by submitting the proper Custom Choice administrative
form to the Service Center in good order. While Custom Choice is elected, Contract Owners cannot participate in any asset reallocation or asset rebalancing program other than as
permitted by Custom Choice, as described below. Only one Custom Choice program may be created and in effect at a time, and the entire Contract Value must participate in Custom Choice.
At the time of enrollment, the Contract Owner selects from the specific Sub-Accounts
(classified according to Groups A, B, and C) and directs their investment percentages within the applicable allocation limitations, enabling the Contract Owner to create their own unique "Custom Choice" portfolio. The specific Sub-Accounts comprising Groups A, B and C and the current
allocation limitations are identified in the enrollment form.
Nationwide considers several criteria when assigning or modifying the underlying mutual fund availability within Custom Choice. Those criteria include some, or all, of the following: investment objectives, investment process, risk characteristics
and expected fund volatility, investment capabilities, investment consistency, fund expenses, asset class coverage, and the alignment of the investment objectives of the underlying mutual fund with Nationwide’s hedging strategy. Nationwide also
considers, the strength of the adviser’s or subadviser’s reputation and tenure, brand recognition, and the capability and qualification of each investment firm.
Nationwide evaluates current market conditions and product pricing when determining the
percentage allocations for Groups A, B, and C. The specific Sub-Accounts comprising Groups A, B, and C and the current allocation limitations are identified in Appendix A: Investment Options Available Under the Contract.
Note: Contract Owners should consult with a qualified financial
professional regarding the use of Custom Choice and to determine which Sub-Accounts and investment percentages are appropriate for them.
Once enrollment is complete, the contract’s Custom Choice portfolio is static. This means that the investment percentages allocated to each Sub-Account are not monitored or adjusted to reflect changing market conditions, except for quarterly
rebalancing or other Contract Owner driven changes, as described below. This prospectus only discloses the current Sub-Accounts comprising Groups A, B, and C, and the current allocation limitations.
Note:
Nationwide may subsequently change allocation limitations and/or Sub-Accounts within Groups A, B, and C; the changes will apply only to new enrollees in Custom Choice and existing
participants in Custom Choice that implement a change to their Custom Choice portfolio after the change implementation date. Sub-Accounts may also become unavailable due to a change impacting the availability of an underlying mutual fund under the contract (see
The Sub-Accounts and Underlying Mutual Funds).
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Quarterly
Rebalancing
At the end of each calendar quarter, Nationwide will automatically reallocate the Contract Values in each Sub-Account to
make the Contract Values in each Sub-Account match the previously selected investment percentages. If the end of a calendar quarter is a Saturday, Sunday, recognized holiday, or any other day that the New York Stock Exchange is closed, the
quarterly rebalancing will occur on the next business day. Rebalancing will be priced using the unit value determined on the last Valuation Date of the calendar quarter. Quarterly
rebalancing is not considered a transfer event.
Changing Custom Choice Allocations
Contract Owners enrolled in Custom Choice may change the specified
Sub-Accounts and/or the investment percentages at any time while their Custom Choice program is in effect. Any such changes will be subject to the allocation limitations applicable to new enrollees in Custom Choice. To implement changes, Contract Owners must submit new allocation instructions
via written request and in good order (on Nationwide’s administrative form) to the Service Center, or by calling the Service Center. Any changes will count as a transfer
event, as described in the Transfer Restrictions provision.
Nationwide reserves the right to limit the number of allocation changes a Contract Owner can make each year.
Terminating Participation in Custom Choice
Contract Owners can terminate participation in Custom Choice by submitting a written request to the Service Center or by
calling the Service Center. For the termination to be effective, the termination request must contain valid reallocation instructions that are in accordance with the terms and conditions of the Nationwide Lifetime Income Rider Plus Empire,
Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max option as applicable. Termination is effective on the date the termination request is received at the
Service Center in good order.
| Example: |
| Mr. U elected a living benefit that permits use of Custom Choice Asset Rebalancing Service
and elects to enroll in the service. At the time of enrollment, allocation limitations
are 40%- 100% to Group A, 0%-60% to Group B, and 0%-10% to Group C. He
selects two Sub- Accounts from Group A (30% each), two Sub-Accounts from
Group B (15% each), and one Sub-Account from Group C (10%). Each quarter,
Nationwide will automatically rebalance Mr. U’s Contract Value by
transferring Contract Value among the five elected Sub-Accounts so that
his allocation percentages remain intact. |
Static Asset Allocation Models
For Contract Owners that have elected the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider
Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max, Nationwide makes available as a permitted investment option the Static
Asset Allocation Model(s) listed in Appendix A: Investment Options Available Under the Contract.
The permitted investment options, including the available Static Asset Allocation Models, are more conservative than those
that are not permitted, and help Nationwide manage the likelihood that Lifetime Withdrawals will be paid from Nationwide’s General Account. The availability of some models
may be restricted. Nationwide reserves the right to discontinue one or more Static Asset Allocation Models, or a model may otherwise become unavailable due to a change impacting the availability of an underlying mutual fund under the contract (see The Variable Account and
Underlying Mutual Funds).
A Static Asset Allocation Model is an allocation strategy comprised of two or more underlying
mutual funds that together provide a unique allocation mix not available as a single underlying mutual fund. Contract Owners that elect a Static Asset Allocation Model directly own Sub-Account units of the Sub-Accounts investing in the underlying mutual funds that comprise
the particular model. In other words, a Static Asset Allocation Model is not a portfolio of underlying mutual funds with one Accumulation Unit value, but rather, direct investment
in a certain allocation of Sub-Accounts. There is no additional charge associated with investing in a Static Asset Allocation Model.
A Static Asset Allocation Model is just that: static. The allocations or "split" between one or more Sub-Accounts is not monitored and adjusted to reflect changing market conditions. However, a Contract Owner's investment in a Static Asset
Allocation Model is rebalanced quarterly to ensure that the assets are allocated to the percentages in the same proportion that they were allocated at the time of election. The entire Contract Value must be allocated to the elected model.
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With respect to transferring into and out of a
Static Asset Allocation Model, the model is treated like a Sub-Account and is subject to the
Transfers Prior to Annuitization provision. The Contract Owner may request to transfer from a
model to a permitted Sub-Account. Each transfer into or out of a Static Asset Allocation Model is considered one transfer event.
In
the event an underlying mutual fund that is part of a Static Asset Allocation Model liquidates, merges, or otherwise becomes unavailable due to activities outside of
Nationwide’s control, the replacement underlying mutual fund will become part of the Static Asset Allocation Model and the model will continue to operate as described herein.
All affected Contract Owners will be notified in the event of such a change that impacts a Static Asset Allocation Model. Nationwide will interpret a Contract Owner’s continued allocation to the elected Static Asset Allocation Model after the merger, liquidation, or other transaction as an affirmative election of the modified Static Asset Allocation Model for purposes of existing
allocations, future allocations, and quarterly rebalancing.
For additional information about the underlying mutual funds that comprise a Static Asset
Allocation Model, see Appendix A: Investment Options Available Under the Contract.
| Example: |
| Mr. Y, who elected a living benefit, elects a Static Asset Allocation Model, the XYZ Option
(33% Sub-Account X, 33% Sub-Account Y, and 34% Sub-Account Z). As a result, Mr.
Y’s entire Contract Value will be allocated as follows: 33%
Sub-Account X, 33% Sub-Account Y, and 34% Sub-Account Z. Each quarter,
Nationwide will automatically rebalance Mr. Y’s Contract Value by
transferring Contract Value among the Sub-Accounts so that the selected
Static Asset Allocation Model percentages remain intact. |
Death Benefit
Death of Contract Owner
If a Contract Owner (including a joint owner) who is not the Annuitant dies before the Annuitization Date, no death benefit
is payable and the surviving joint owner becomes the Contract Owner. If there is no surviving joint owner, the contingent owner becomes the Contract Owner. If there is no surviving contingent owner, the beneficiary becomes the Contract Owner. If
there is no surviving beneficiary, the last surviving Contract Owner's estate becomes the Contract Owner.
A distribution of the Contract Value will be made in accordance with tax rules and as
described in Appendix B: Contract Types and Tax Information. A CDSC may apply.
Death of Annuitant
If the Annuitant who is not a Contract Owner dies before the Annuitization Date, the
Contingent Annuitant becomes the Annuitant and no death benefit is payable. If no Contingent Annuitant is named, a death benefit is payable to the beneficiary. Multiple beneficiaries will share the death benefit equally unless otherwise specified. If no beneficiaries
survive the Annuitant, the contingent beneficiary receives the death benefit. Multiple contingent beneficiaries will share the death benefit equally unless otherwise specified. If no beneficiaries or contingent beneficiaries survive the Annuitant, the
Contract Owner or the last surviving Contract Owner's estate will receive the death benefit.
If the Annuitant dies after the Annuitization Date, any benefit that may
be payable will be paid according to the selected annuity payment option.
If the Contract Owner is a Charitable Remainder Trust and the Annuitant dies before the Annuitization Date, the death benefit will accrue to the Charitable Remainder Trust. Any designation in conflict with the Charitable Remainder Trust's
right to the death benefit will be void.
Death of Contract Owner/Annuitant
If a Contract Owner (including a joint owner) who is also the Annuitant dies before the
Annuitization Date, a death benefit is payable to the surviving joint owner. If there is no surviving joint owner, the death benefit is payable to the beneficiary. Multiple beneficiaries will share the death benefit equally unless otherwise specified. If no beneficiaries survive the
Contract Owner/Annuitant, the contingent beneficiary receives the death benefit. Multiple contingent beneficiaries will share the death benefit equally unless otherwise specified. If no contingent beneficiaries survive the Contract Owner/Annuitant, the last surviving Contract Owner's estate will receive the death benefit.
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If the Contract Owner/Annuitant dies after the
Annuitization Date, any benefit that may be payable will be paid according to the selected annuity payment option.
Death Benefit Payment
The recipient of the death benefit may elect to receive the death benefit:
(1)
in a lump sum;
(2)
as an annuity (see Annuity Payment Options); or
(3)
in any other manner permitted by law and approved by Nationwide.
Premium taxes may be deducted from death benefit proceeds. Nationwide will pay (or will begin to pay) the death benefit
after it receives proof of death and the instructions as to the payment of the death benefit. Death benefit claims must be submitted to the Service Center. If the recipient of the death benefit does not elect the form in which to receive the death
benefit payment, Nationwide will pay the death benefit in a lump sum. Contract Value will continue to be allocated according to the most recent allocation instructions until the death benefit is paid.
If the contract has multiple beneficiaries entitled to receive a portion of the death
benefit, the Contract Value will continue to be allocated according to the most recent allocation instructions until the first beneficiary provides Nationwide with all the information necessary to pay that beneficiary's portion of the death benefit proceeds. At the time the first beneficiary’s proceeds are paid, the remaining portion(s) of the death benefit proceeds that are allocated to Sub-Accounts will be
reallocated to the available money market Sub-Account until instructions are received from the remaining beneficiary(ies).
Any Contract Value not allocated to the Sub-Accounts will remain invested and will not be
reallocated to the available money market Sub-Account.
Death Benefit Calculations
An applicant may elect either the standard death benefit (Return of Contract Value) or an available death benefit option
that is offered under the contract for an additional charge. If no election is made at the time of application, the death benefit will be the standard death benefit.
The value of each component of the death benefit calculation will be determined as of the date of the Annuitant's death,
except for the Contract Value component, which will be determined as of the date Nationwide receives:
(1)
proper proof of the Annuitant's death;
(2)
an election specifying the distribution method; and
(3)
any state required form(s).
Nationwide reserves the right to refuse any purchase payment that would result in the cumulative total for all contracts issued by Nationwide or its affiliates or subsidiaries on the life of any one Annuitant or owned by any one Contract Owner to exceed $1,000,000. If a Contract Owner does not submit purchase payments in excess of $1,000,000, or if Nationwide has refused to accept purchase payments in excess of $1,000,000, the references in this
provision to purchase payments in excess of $1,000,000 will not apply.
Annuity Commencement Date
The Annuity Commencement Date is the date on which annuity payments are
scheduled to begin. Generally, the Contract Owner designates the Annuity Commencement Date at the time of application. If no Annuity Commencement Date is designated at the time of application, Nationwide will establish the Annuity Commencement Date as the date the Annuitant
reaches age 90. The Contract Owner may initiate a change to the Annuity Commencement Date at any time. Additionally, Nationwide will notify the Contract Owner approximately 90 days
before the impending Annuity Commencement Date of the opportunity to change the Annuity Commencement Date or annuitize the contract.
Any request to change the Annuity Commencement Date must meet the following requirements:
•
the request is made prior to annuitization;
•
the requested date is at least one year after the date of issue;
•
the requested date is not later than the Annuitant’s 90th birthday (or the 90th birthday
of the oldest Annuitant if there are joint Annuitants) unless approved by Nationwide; and
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•
the request for change is made in writing, submitted in good order to the Service Center, and approved by Nationwide.
Generally, Nationwide will not initiate annuitization until specifically directed to do so. However, for Non-Qualified Contracts only, Nationwide will automatically initiate annuitization within 45 days after the Annuity Commencement Date (whether
default or otherwise), unless (1) Nationwide has had direct contact with the Contract Owner (indicating that the contract is not abandoned); or (2) the Contract Owner has taken some type of action which is inconsistent with the desire to
annuitize.
Annuitizing the Contract
Annuitization Date
The Annuitization Date is the date that annuity payments begin. If the Contract Owner has elected the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or
Nationwide Lifetime Income Rider Plus Max, an election to begin annuity payments will terminate all benefits, conditions, guarantees, and charges associated with the elected
option.
In addition, any optional death benefit that the Contract Owner elects
will automatically terminate upon annuitization.
The Annuitization Date
will be the first day of a calendar month unless otherwise agreed. Unless otherwise required by state law, the Annuitization Date must be at least one year after the contract is
issued, but may not be later than either:
•
the age (or date) specified in the contract; or
•
the age (or date) specified by state law, where applicable.
The Internal Revenue Code may require that distributions be made prior to the Annuitization Date (see
Appendix B: Contract Types and Tax Information).
On the
Annuitization Date, the Annuitant becomes the Contract Owner unless the Contract Owner is a Charitable Remainder Trust.
Annuitization
Annuitization is the period during which annuity payments are received. It is irrevocable once payments have begun. Upon
arrival of the Annuitization Date, the Contract Owner must choose an annuity payment option. This contract provides only fixed annuity payments, which provide for level annuity payments. On the Annuitization Date, the Contract Value, less any
premium tax, will be applied under the annuity payment option selected. The fixed annuity payments will remain level unless the annuity payment option provides otherwise.
Annuity purchase rates are used to determine the amount of the annuity payments based upon
the annuity payment option elected. Actual purchase rates used to determine annuity payments will be those in effect on the Annuitization Date, and will not be less than the guaranteed minimum purchase rates as provided in the contract.
Nationwide guarantees that each payment under a fixed payment annuity
will be the same throughout annuitization.
The Sub-Accounts, the Custom Choice Asset Rebalancing Service, and the Static Asset Allocation Models are not available
after annuitization.
Frequency and Amount of Annuity
Payments
Annuity payments are based on the annuity payment option elected.
If no purchase payments are received in the three years before the Annuitization Date and if
the net amount to be annuitized is less than $2,000, Nationwide reserves the right to pay this amount in a lump sum instead of periodic annuity payments.
Annuity payments are made at any frequency approved by Nationwide. Nationwide reserves the right to change the frequency of payments if the amount of any payment becomes less than $100. The payment frequency will be changed to an
interval that will result in payments of at least $100. Nationwide will send annuity payments
no later than seven days after each annuity payment date.
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Annuity Payment Options
The Annuitant must elect an annuity payment option before the Annuitization Date. If the Annuitant does not elect an annuity
payment option by that date, a fixed payment Single Life with a 20 Year Term Certain annuity payment option will be assumed as the automatic form of payment upon annuitization.
Once elected or assumed, the annuity payment option may not be changed.
Not all of the annuity payment options may be available in all states. Additionally, the
annuity payment options available may be limited based on the Annuitant's age (and the joint Annuitant's age, if applicable) or requirements under the Internal Revenue Code.
Nationwide reserves the right to refuse any purchase payment that would result in the
cumulative total for all contracts issued by Nationwide or its affiliates or subsidiaries on the life of any one Annuitant or owned by any one Contract Owner to exceed $1,000,000. If a Contract Owner does not submit purchase payments in excess of $1,000,000, or if Nationwide has refused to accept purchase payments in excess of $1,000,000, the references in this
provision to purchase payments in excess of $1,000,000 will not apply. If the Contract Owner is permitted to submit purchase payments in excess of $1,000,000, additional restrictions apply, as
follows.
Annuity Payment Options for Contracts with Total Purchase Payments and Contract Value
Annuitized Less Than or Equal to $2,000,000
If, at the Annuitization Date, the total of all purchase payments made to the contract and the Contract Value annuitized is less than or equal to $2,000,000, the annuity payment options available are:
•
Single Life;
•
Standard Joint and Survivor; and
•
Single Life with a 10 or 20 Year Term Certain.
Each of the annuity payment options is discussed more thoroughly below.
Single Life
The Single Life annuity payment option provides for annuity payments to be paid during the lifetime of the Annuitant. This
option is not available if the Annuitant is 86 or older on the Annuitization Date.
Payments will cease with the last payment before the Annuitant's death.
For example, if the Annuitant dies before the second annuity payment date, the Annuitant will receive only one payment. The Annuitant will only receive two annuity payments if he or she dies before the third payment date, and so on. No death benefit will be paid.
No withdrawals other than the scheduled annuity payments are
permitted.
Standard Joint and Survivor
The Standard Joint and Survivor annuity payment option provides for
annuity payments to continue during the joint lifetimes of the Annuitant and joint Annuitant. After the death of either the Annuitant or joint Annuitant, payments will continue for the life of the survivor. This option is not available if the Annuitant or joint Annuitant is 86 or older on the
Annuitization Date.
Payments will cease with the last payment due prior to the death of the last survivor of the
Annuitant and joint Annuitant. As is the case of the Single Life annuity payment option, there is no guaranteed number of payments. Therefore, it is possible that if the Annuitant dies before the second annuity payment date, the Annuitant will receive only one annuity
payment. No death benefit will be paid.
No withdrawals other than the scheduled annuity payments are permitted.
Single Life with a 10 or 20 Year Term Certain
The Single Life with a 10 or 20 Year Term Certain annuity payment option provides that monthly annuity payments will be paid
during the Annuitant's lifetime or for the term selected, whichever is longer. The term may be either 10 or 20 years.
If the Annuitant dies before the end of the 10 or 20 year term, payments will be paid to the
beneficiary for the remainder of the term.
No withdrawals other than the scheduled annuity payments are permitted.
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Any Other
Option
Annuity payment options not set forth in this provision may be available. Any annuity payment option not set forth in this
provision must be approved by Nationwide.
Annuity Payment Options for Contracts with Total Purchase Payments and/or Contract Value
Annuitized Greater Than $2,000,000
If, at the Annuitization Date, the total of all purchase payments made to the contract and/or the Contract Value to be annuitized is greater than $2,000,000, Nationwide may limit the annuity payment option to the longer of:
(1)
a Fixed Life Annuity with a 20 Year Term Certain; or
(2)
a Fixed Life Annuity with a Term Certain to Age 95.
Annuitization of Amounts Greater than $5,000,000
Additionally, Nationwide may limit the amount that may be annuitized on a single life to
$5,000,000. If the total amount to be annuitized is greater than $5,000,000 under this contract and/or for all Nationwide issued annuity contracts with the same Annuitant, the Contract Owner must:
(1)
reduce the amount to be annuitized to $5,000,000 or less by taking a partial withdrawal from
the contract;
(2)
reduce the amount to be annuitized to $5,000,000 or less by exchanging the portion of the
Contract Value in excess of $5,000,000 to another annuity contract; or
(3)
annuitize the portion
of the Contract Value in excess of $5,000,000 under an annuity payment option with a term certain, if available.
Statements and Reports
Nationwide’s default delivery method is U.S. mail and Nationwide will deliver required documents by U.S. mail unless other delivery methods (e.g. electronic delivery) are permitted by law or regulation. Therefore, Contract Owners should promptly
notify the Service Center of any address change.
Nationwide will mail to Contract Owners:
•
statements showing the contract's quarterly activity; and
•
confirmation statements showing transactions that affect the contract's value. Confirmation
statements will not be sent for recurring transactions (i.e., Dollar Cost Averaging or salary reduction programs). Instead, confirmation of recurring transactions will appear in the
contract's quarterly statements.
Contract Owners can receive information from Nationwide faster and reduce the amount of mail
received by signing up for Nationwide's eDelivery program. Nationwide will notify Contract Owners by email when important documents (statements, prospectuses, and other documents) are ready for a Contract Owner to view, print, or download from Nationwide's secure
server. To choose this option, go to: www.nationwide.com.
Contract Owners should review statements and confirmations carefully. All errors or corrections must be reported to Nationwide immediately to assure proper crediting to the contract. Unless Nationwide is notified within 30 days of receipt
of the statement, Nationwide will assume statements and confirmation statements are correct.
IMPORTANT NOTICE REGARDING DELIVERY OF SECURITY OWNER
DOCUMENTS
When multiple copies of the same disclosure document(s), such as prospectuses, supplements, proxy statements, and
semi-annual and annual reports are required to be mailed to multiple Contract Owners in the same household, Nationwide will mail only one copy of each document, unless notified otherwise by the Contract Owner(s). Household delivery will
continue for the life of the contracts.
A Contract Owner can revoke their consent to household delivery and reinstitute individual
delivery by contacting the Service Center. Nationwide will reinstitute individual delivery within 30 days after receiving such notification.
74
Legal Proceedings
Nationwide Life Insurance Company
Nationwide Financial Services, Inc. (NFS, or collectively with its subsidiaries, the
"Company") was formed in November 1996. NFS is the holding company for Nationwide Life Insurance Company (NLIC), Nationwide Life and Annuity Insurance Company (NLAIC) and other companies that comprise the life insurance and retirement savings operations of the Nationwide
group of companies (Nationwide). This group includes Nationwide Financial Network (NFN), an affiliated distribution network that markets directly to its customer base. NFS is
incorporated in Delaware and maintains its principal executive offices in Columbus, Ohio.
The Company is subject to legal and regulatory proceedings in the
ordinary course of its business. These include proceedings specific to the Company and proceedings generally applicable to business practices in the industries in which the Company operates. The outcomes of these proceedings cannot be predicted due to their complexity, scope, and many
uncertainties. The Company believes, however, that based on currently known information, the ultimate outcome of all pending legal and regulatory proceedings is not likely to have a material adverse effect on the Company’s financial
condition.
The various businesses conducted by the Company are subject to oversight by numerous federal
and state regulatory entities, including but not limited to the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Department of Labor, the Internal Revenue Service, the Office of the Comptroller of the Currency, and state insurance
authorities. Such regulatory entities may, in the normal course of business, be engaged in general or targeted inquiries, examinations and investigations of the Company and/or its affiliates. With respect to all such scrutiny directed at the
Company or its affiliates, the Company is cooperating with regulators.
Nationwide Investment Services Corporation
The general distributor, NISC (the "Company"), is subject to legal and regulatory proceedings in the ordinary course of its
business. These include proceedings specific to the Company and proceedings generally applicable to business practices in the industries in which the Company operates. The outcomes of these proceedings cannot be predicted due to their
complexity, scope and many uncertainties. The Company believes, however, that based on currently known information, the ultimate outcome of all pending legal and regulatory proceedings is not likely to have a material adverse effect on the
Company’s financial condition.
The various businesses conducted by the Company are subject to oversight by numerous federal
and state regulatory entities, including but not limited to the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Department of Labor, the Internal Revenue Service, the Office of the Comptroller of the Currency and state securities
divisions. Such regulatory entities may, in the normal course of business, be engaged in general or targeted inquiries, examinations and investigations of the Company and/or its affiliates. With respect to all such scrutiny directed at the
Company or its affiliates, the Company is cooperating with regulators.
Financial Statements
Financial statements for the Variable Account and financial statements and schedules
of Nationwide are located in the Statement of Additional Information. A current Statement of Additional Information may be obtained, without charge, by contacting the Service Center, or can be found online at
https://nationwide.onlineprospectus.net/NW/C000217909NW/index.php?ctype=product_sai.
75
Appendix A: Investment Options Available Under the Contract
The following is a list of underlying mutual funds available under the contract. More
information about the underlying mutual funds is available in the prospectuses for the underlying mutual funds, which may be amended from time to time and can be found online at https://nationwide.onlineprospectus.net/NW/C000217909NW/index.php. This information can also be obtained at no cost by calling 1-800-848-6331 or by sending an email request to
[email protected]. Depending on the optional benefits chosen, access to certain underlying mutual funds may be limited. The availability of investment options may vary depending on the broker-dealer through which the contract is sold (see
Appendix G: Financial Intermediary Variations).
The current expenses and performance information below reflects fees and expenses of the underlying mutual funds, but do not reflect the other fees and expenses that the contract may charge. Expenses would be higher and performance would be
lower if these other charges were included. Each underlying mutual fund’s past performance is not necessarily an indication of future performance.
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Equity |
AllianceBernstein Variable Products Series Fund, Inc. - AB
VPS Large Cap Growth Portfolio: Class
B Investment Advisor: AllianceBernstein L.P. |
0.90% |
12.85% |
11.76% |
15.88% |
| Equity |
AllianceBernstein Variable Products Series Fund, Inc. - AB
VPS Relative Value Portfolio: Class A
Investment Advisor: AllianceBernstein L.P. |
0.59%* |
10.47% |
11.42% |
10.57% |
| Allocation |
American Funds Insurance Series® - American Funds®
Global Balanced Fund: Class 4
Investment Advisor: Capital Research and Management
Company |
1.01%* |
16.96% |
5.85% |
7.43% |
| Fixed Income |
American Funds Insurance Series® - American High-Income
Trust: Class 4
Investment Advisor: Capital Research and Management
Company |
0.83%* |
7.94% |
5.33% |
6.68% |
| Allocation |
American Funds Insurance Series® - Capital Income
Builder®: Class 4
Investment Advisor: Capital Research and Management
Company |
0.78%* |
20.16% |
8.82% |
7.32% |
| Equity |
American Funds Insurance Series® - Global Small
Capitalization Fund: Class 4
Investment Advisor: Capital Research and Management
Company |
1.15%* |
14.33% |
0.23% |
6.96% |
| Equity |
American Funds Insurance Series® - International Fund:
Class 4
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2022
Investment Advisor: Capital Research and Management
Company |
1.03% |
26.41% |
3.14% |
6.73% |
| Equity |
American Funds Insurance Series® - New World Fund®:
Class 4
Investment Advisor: Capital Research and Management
Company |
1.07%* |
27.93% |
5.06% |
8.98% |
| Fixed Income |
American Funds Insurance Series® - U.S. Government
Securities Fund: Class 2
Investment Advisor: Capital Research and Management
Company |
0.50%* |
7.75% |
-0.23% |
1.70% |
| Equity |
American Funds Insurance Series® - Washington Mutual
Investors Fund: Class 4
Investment Advisor: Capital Research and Management
Company |
0.75%* |
16.90% |
13.60% |
12.08% |
76
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Fixed Income |
BlackRock Variable Series Funds II, Inc. - BlackRock High
Yield V.I. Fund: Class III
Investment Advisor: BlackRock Advisors, LLC
Investment Sub-Advisor: BlackRock International Limited |
0.78%* |
8.52% |
4.47% |
6.02% |
| Fixed Income |
BlackRock Variable Series Funds II, Inc. - BlackRock Total
Return V.I. Fund: Class III
Investment Advisor: BlackRock Advisors, LLC
Investment Sub-Advisor: BlackRock International Limited and
BlackRock (Singapore) Limited |
0.74%* |
7.14% |
-0.75% |
1.82% |
| Allocation |
BlackRock Variable Series Funds, Inc. - BlackRock 60/40
Target Allocation ETF V.I. Fund: Class
III Investment Advisor: BlackRock Advisors, LLC |
0.58%* |
15.37% |
7.05% |
8.45% |
| Allocation |
BlackRock Variable Series Funds, Inc. - BlackRock Global
Allocation V.I. Fund: Class III
Investment Advisor: BlackRock Advisors, LLC
Investment Sub-Advisor: BlackRock International Limited and
BlackRock (Singapore) Limited |
1.01%* |
19.51% |
5.51% |
7.33% |
| Equity |
BNY Mellon Investment Portfolios - MidCap Stock Portfolio:
Service Shares
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2021
Investment Advisor: BNY Mellon Investment Adviser, Inc.
Sub-Advisor: Newton Investment Management North America,
LLC |
1.05%* |
9.81% |
9.39% |
8.51% |
| Allocation |
Calvert Variable Series, Inc. - Calvert VP SRI Balanced
Portfolio: Class F
Investment Advisor: Calvert Research and Management |
0.90% |
11.68% |
8.44% |
9.51% |
| Equity |
Calvert Variable Trust, Inc. - CVT Nasdaq 100 Index
Portfolio: Class F
Investment Advisor: Calvert Research and Management
Investment Sub-Advisor: Ameritas Investment Partners, Inc. |
0.74%* |
20.10% |
14.46% |
18.80% |
| Equity |
Columbia Funds Variable Insurance Trust - Columbia
Variable Portfolio - Small Cap Value Discovery Fund: Class
2 (formerly, Columbia Funds Variable Series Trust -
Columbia Variable Portfolio - Small Cap Value
Discovery Fund: Class 2)
Investment Advisor: Columbia Management Investment Advisors,
LLC |
1.13%* |
14.66% |
12.19% |
11.20% |
| Equity |
Columbia Funds Variable Insurance Trust - Columbia
Variable Portfolio - Small Company Growth Fund: Class 2
(formerly, Columbia Funds Variable Series Trust -
Columbia Variable Portfolio - Small Company Growth
Fund: Class 2) Investment Advisor: Columbia Management Investment
Advisors, LLC |
1.12%* |
21.29% |
3.32% |
14.89% |
| Real Assets |
Columbia Funds Variable Series Trust II - Columbia Variable
Portfolio - Commodity Strategy Fund: Class
2 Investment Advisor: Columbia Management Investment Advisors,
LLC |
1.00%* |
15.30% |
12.44% |
6.46% |
| Fixed Income |
Columbia Funds Variable Series Trust II - Columbia Variable
Portfolio - High Yield Bond Fund: Class
2 Investment Advisor: Columbia Management Investment Advisors,
LLC |
0.89%* |
8.49% |
3.93% |
5.51% |
| Fixed Income |
Columbia Funds Variable Series Trust II - Columbia Variable
Portfolio - Select Corporate Income Fund: Class
2 Investment Advisor: Columbia Management Investment Advisors,
LLC |
0.72%* |
7.55% |
1.20% |
1.94% |
77
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Equity |
Columbia Funds Variable Series Trust II - Columbia Variable
Portfolio - Select Mid Cap Growth Fund: Class
2 Investment Advisor: Columbia Management Investment Advisors,
LLC |
1.07%* |
14.86% |
7.26% |
11.89% |
| Fixed Income |
Columbia Funds Variable Series Trust II - Columbia Variable
Portfolio - Select Short Corporate Income Fund:
Class 2 Investment Advisor: Columbia Management Investment Advisors,
LLC |
0.66%* |
6.00% |
1.90% |
2.94% |
| Equity |
Columbia Funds Variable Series Trust II - Columbia Variable
Portfolio - Seligman Global Technology: Class 2
(formerly, Columbia Funds Variable Insurance Trust
II - Columbia Variable Portfolio - Seligman Global
Technology: Class 2) Investment Advisor: Columbia Management
Investment Advisors, LLC |
1.18%* |
34.37% |
18.42% |
22.70% |
| Equity |
Delaware VIP Trust - Nomura VIP Small Cap Value Series:
Service Class
Investment Advisor: Delaware Management Company, a series
of Nomura Investment Management Business Trust (a Delaware
statutory trust) |
1.04% |
7.83% |
8.93% |
8.84% |
| Alternative Strategies |
Deutsche DWS Variable Series II - DWS Alternative Asset
Allocation VIP: Class B
Investment Advisor: DWS Investment Management Americas,
Inc.
Investment Sub-Advisor: RREEF America L.L.C. |
1.26% |
10.03% |
4.88% |
4.52% |
| Fixed Income |
Eaton Vance Variable Trust - Eaton Vance VT Floating-Rate
Income Fund: Initial Class
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2023
Investment Advisor: Eaton Vance Management |
1.19% |
3.95% |
4.64% |
4.43% |
| Allocation |
Fidelity Variable Insurance Products Fund - Fidelity VIP
Freedom Fund 2010 Portfolio: Service Class
2 This underlying mutual fund is only available in contracts for
which good order applications were received before May 1,
2023 Investment Advisor: Fidelity Management & Research Company
LLC |
0.63% |
10.26% |
2.89% |
5.46% |
| Allocation |
Fidelity Variable Insurance Products Fund - VIP Balanced
Portfolio: Service Class 2
Investment Advisor: Fidelity Management & Research Company
LLC
Investment Sub-Advisor: FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited,
Fidelity Management & Research (Japan) Limited |
0.66% |
14.96% |
9.24% |
10.84% |
| Equity |
Fidelity Variable Insurance Products Fund - VIP Energy
Portfolio: Service Class 2
Investment Advisor: Fidelity Management & Research Company
LLC
Investment Sub-Advisor: FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited,
Fidelity Management & Research (Japan) Limited |
0.85% |
10.34% |
23.86% |
7.69% |
| Fixed Income |
Fidelity Variable Insurance Products Fund - VIP Floating
Rate High Income Portfolio: Initial
Class Investment Advisor: Fidelity Management & Research Company
LLC
Investment Sub-Advisor: FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited,
Fidelity Management & Research (Japan) Limited |
0.73% |
5.33% |
6.06% |
5.44% |
78
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Equity |
Fidelity Variable Insurance Products Fund - VIP Growth &
Income Portfolio: Service Class 2
Investment Advisor: Fidelity Management & Research Company
LLC
Investment Sub-Advisor: FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited,
Fidelity Management & Research (Japan) Limited |
0.72% |
21.21% |
15.83% |
13.56% |
| Equity |
Fidelity Variable Insurance Products Fund - VIP Growth
Portfolio: Service Class 2
Investment Advisor: Fidelity Management & Research Company
LLC
Investment Sub-Advisor: FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited,
Fidelity Management & Research (Japan) Limited |
0.80% |
14.61% |
13.41% |
17.15% |
| Fixed Income |
Fidelity Variable Insurance Products Fund - VIP Investment
Grade Bond Portfolio: Service Class 2
Investment Advisor: Fidelity Management & Research Company
LLC
Investment Sub-Advisor: FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited,
Fidelity Management & Research (Japan) Limited |
0.62% |
6.93% |
-0.21% |
2.45% |
| Equity |
Fidelity Variable Insurance Products Fund - VIP Real Estate
Portfolio: Service Class 2
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2023
Investment Advisor: Fidelity Management & Research Company
LLC
Sub-Advisor: FMR Investment Management (UK) Limited,
Fidelity Management & Research (Hong Kong) Limited, Fidelity
Management & Research (Japan) Limited |
0.85% |
2.90% |
3.98% |
3.61% |
| Equity |
Fidelity Variable Insurance Products Fund - VIP Utilities
Portfolio: Service Class 2
Investment Advisor: Fidelity Management & Research Company
LLC |
0.85% |
13.83% |
12.24% |
12.23% |
| Equity |
Fidelity Variable Insurance Products Fund - VIP Value
Portfolio: Service Class 2
Investment Advisor: Fidelity Management & Research Company
LLC
Investment Sub-Advisor: FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited,
Fidelity Management & Research (Japan) Limited |
0.70% |
10.95% |
12.82% |
10.96% |
| Equity |
Fidelity Variable Insurance Products Fund - VIP Value
Strategies Portfolio: Service Class 2
Investment Advisor: Fidelity Management & Research Company
LLC
Investment Sub-Advisor: FMR Investment Management (UK)
Limited, Fidelity Management & Research (Hong Kong) Limited,
Fidelity Management & Research (Japan) Limited |
0.84% |
7.70% |
11.87% |
10.54% |
| Allocation |
Franklin Templeton Variable Insurance Products Trust -
Franklin Income VIP Fund: Class 2
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2022
Investment Advisor: Franklin Advisers, Inc. |
0.72% |
12.56% |
7.66% |
7.30% |
| Equity |
Goldman Sachs Variable Insurance Trust - Goldman Sachs
Mid Cap Growth Fund: Service Shares
Investment Advisor: Goldman Sachs Asset Management, L.P. |
0.98%* |
7.36% |
4.68% |
11.59% |
79
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Equity |
Invesco - Invesco V.I. Discovery Mid Cap Growth Fund:
Series II
Investment Advisor: Invesco Advisers, Inc. |
1.11% |
4.53% |
3.64% |
11.10% |
| Equity |
Invesco - Invesco V.I. Main Street Small Cap Fund: Series
II Investment Advisor: Invesco Advisers, Inc. |
1.09% |
8.44% |
8.07% |
10.31% |
| Allocation |
Janus Aspen Series - Janus Henderson Balanced Portfolio:
Service Shares
Investment Advisor: Janus Henderson Investors US LLC |
0.87% |
14.82% |
8.21% |
9.86% |
| Equity |
Janus Aspen Series - Janus Henderson Enterprise Portfolio:
Service Shares
Investment Advisor: Janus Henderson Investors US LLC |
0.97% |
7.41% |
7.35% |
12.51% |
| Fixed Income |
Janus Aspen Series - Janus Henderson Flexible Bond
Portfolio: Service Shares
Investment Advisor: Janus Henderson Investors US LLC |
0.82%* |
7.22% |
-0.47% |
2.07% |
| Equity |
Janus Aspen Series - Janus Henderson Global Research
Portfolio: Service Shares
Investment Advisor: Janus Henderson Investors US LLC |
1.07% |
20.60% |
12.23% |
12.64% |
| Equity |
Janus Aspen Series - Janus Henderson Global Sustainable
Equity Portfolio: Institutional Shares
Investment Advisor: Janus Henderson Investors US LLC |
0.74%* |
17.46% |
|
|
| Equity |
Janus Aspen Series - Janus Henderson Global Technology
and Innovation Portfolio: Service
Shares Investment Advisor: Janus Henderson Investors US
LLC |
0.97% |
24.84% |
13.44% |
21.18% |
| Equity |
Janus Aspen Series - Janus Henderson Overseas Portfolio:
Service Shares
Investment Advisor: Janus Henderson Investors US LLC |
0.96% |
28.58% |
9.17% |
8.97% |
| Equity |
Legg Mason Partners Variable Equity Trust - ClearBridge
Variable Small Cap Growth Portfolio: Class
II Investment Advisor: Franklin Templeton Fund Adviser,
LLC Investment Sub-Advisor: ClearBridge Investments, LLC
|
1.06% |
8.97% |
-0.42% |
9.11% |
| Fixed Income |
Lincoln Variable Insurance Products Trust - LVIP JPMorgan
Core Bond Fund: Service Class
This underlying mutual fund is only available in contracts for
which good order applications were received before April 28,
2023
Investment Advisor: Lincoln Financial Investments Corporation
Sub-Advisor: J.P. Morgan Investment Management Inc. |
0.71% |
7.15% |
-0.29% |
1.85% |
| Fixed Income |
Lord Abbett Series Fund, Inc. - Short Duration Income
Portfolio: Class VC
Investment Advisor: Lord, Abbett & Co. LLC |
0.72%* |
5.90% |
2.25% |
2.62% |
| Fixed Income |
Lord Abbett Series Fund, Inc. - Total Return Portfolio: Class
VC
Investment Advisor: Lord, Abbett & Co. LLC |
0.71% |
7.19% |
0.07% |
2.28% |
| Equity |
MFS® Variable Insurance Trust - MFS New Discovery Series:
Service Class
Investment Advisor: Massachusetts Financial Services Company |
1.12%* |
12.56% |
-0.54% |
10.46% |
| Fixed Income |
MFS® Variable Insurance Trust - MFS Total Return Bond
Series: Service Class
Investment Advisor: Massachusetts Financial Services Company |
0.78%* |
6.94% |
-0.09% |
2.38% |
| Equity |
MFS® Variable Insurance Trust - MFS Utilities Series:
Service Class
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2026
Investment Advisor: Massachusetts Financial Services Company |
1.03%* |
14.76% |
7.38% |
9.22% |
80
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Equity |
MFS® Variable Insurance Trust II - MFS Blended
Research® Core Equity Portfolio: Service
Class This underlying mutual fund is only available in contracts for
which good order applications were received before May 1,
2021 Investment Advisor: Massachusetts Financial Services
Company |
0.55%* |
15.82% |
15.01% |
13.59% |
| Equity |
MFS® Variable Insurance Trust II - MFS International Growth
Portfolio: Service Class
Investment Advisor: Massachusetts Financial Services Company |
1.13%* |
20.81% |
6.80% |
9.60% |
| Equity |
MFS® Variable Insurance Trust III - MFS Global Real Estate
Portfolio: Service Class
Investment Advisor: Massachusetts Financial Services Company |
1.15%* |
3.30% |
1.08% |
4.76% |
| Fixed Income |
MFS® Variable Insurance Trust III - MFS Limited Maturity
Portfolio: Service Class
Investment Advisor: Massachusetts Financial Services Company |
0.73%* |
5.49% |
2.29% |
2.44% |
| Equity |
MFS® Variable Insurance Trust III - MFS Mid Cap Value
Portfolio: Service Class
Investment Advisor: Massachusetts Financial Services Company |
1.04%* |
5.75% |
9.90% |
9.69% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Allspring
Discovery Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Allspring Global Investments, LLC |
1.08%* |
5.62% |
-2.35% |
9.38% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT American Funds
Asset Allocation Fund: Class II
Investment Advisor: Capital Research and Management
Company, Nationwide Fund Advisors |
0.92%* |
15.41% |
8.56% |
9.36% |
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT American Funds
Bond Fund: Class II
Investment Advisor: Capital Research and Management
Company, Nationwide Fund Advisors |
0.85%* |
6.73% |
-0.54% |
1.96% |
| Equity |
Nationwide Variable Insurance Trust - NVIT American Funds
Global Growth Fund: Class II
Investment Advisor: Capital Research and Management
Company, Nationwide Fund Advisors |
1.04%* |
21.21% |
7.82% |
11.73% |
| Equity |
Nationwide Variable Insurance Trust - NVIT American Funds
Growth Fund: Class II
Investment Advisor: Capital Research and Management
Company, Nationwide Fund Advisors |
0.97%* |
19.78% |
12.94% |
17.52% |
| Equity |
Nationwide Variable Insurance Trust - NVIT American Funds
Growth-Income Fund: Class II
Investment Advisor: Capital Research and Management
Company, Nationwide Fund Advisors |
0.91%* |
17.64% |
13.48% |
13.48% |
| Equity |
Nationwide Variable Insurance Trust - NVIT BlackRock
Equity Dividend Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: BlackRock Investment Management,
LLC |
1.05%* |
21.10% |
11.24% |
11.09% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT BlackRock
Managed Global Allocation Fund: Class
II Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: BlackRock Investment Management,
LLC and Nationwide Asset Management, LLC |
1.15%* |
14.84% |
4.16% |
6.06% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Aggressive Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.99%* |
18.45% |
10.71% |
10.40% |
81
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Balanced Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.87%* |
12.47% |
5.93% |
6.60% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Capital Appreciation Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.90%* |
14.94% |
8.14% |
8.51% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Conservative Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.83%* |
8.70% |
2.68% |
3.95% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Managed Growth & Income Fund: Class
II This underlying mutual fund is only available in contracts for
which good order applications were received before May 1,
2026 Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Nationwide Asset Management, LLC |
0.94%* |
9.17% |
4.84% |
5.49% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Managed Growth Fund: Class II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2026
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Nationwide Asset Management, LLC |
0.93%* |
10.02% |
6.09% |
6.83% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Moderate Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Nationwide Asset Management, LLC |
0.89%* |
13.52% |
7.12% |
7.62% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Moderately Aggressive Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.95%* |
16.43% |
9.35% |
9.45% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Blueprint®
Moderately Conservative Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.87%* |
11.10% |
4.86% |
5.78% |
| Equity |
Nationwide Variable Insurance Trust - NVIT BNY Mellon
Dynamic U.S. Core Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Newton Investment Management
Limited |
0.87%* |
16.91% |
12.31% |
14.16% |
| Equity |
Nationwide Variable Insurance Trust - NVIT BNY Mellon
Dynamic U.S. Equity Income: Class II
This underlying mutual fund is no longer available to receive
transfers or new purchase payments effective September 11,
2020
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Newton Investment Management Limited |
0.93%* |
18.43% |
14.45% |
11.53% |
| Equity |
Nationwide Variable Insurance Trust - NVIT BNY Mellon
Dynamic U.S. Equity Income: Class Z
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Newton Investment Management
Limited |
0.88%* |
18.55% |
14.51% |
11.51% |
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT DoubleLine
Total Return Tactical Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: DoubleLine Capital LP |
0.98%* |
7.31% |
0.22% |
|
| Equity |
Nationwide Variable Insurance Trust - NVIT Fidelity
Institutional AM® Emerging Markets Fund: Class
I Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: FIAM LLC |
1.12%* |
36.15% |
1.01% |
6.31% |
82
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Equity |
Nationwide Variable Insurance Trust - NVIT Fidelity
Institutional AM® Emerging Markets Fund: Class
II This underlying mutual fund is no longer available to receive
transfers or new purchase payments effective June 20,
2025 Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: FIAM LLC |
1.37%* |
35.78% |
0.75% |
6.04% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Fidelity
Institutional AM® Worldwide Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: FIAM LLC |
1.05%* |
|
|
|
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT Government
Bond Fund: Class II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2022
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Nationwide Asset Management, LLC |
0.94%* |
6.80% |
-0.85% |
0.93% |
| Capital Preservation |
Nationwide Variable Insurance Trust - NVIT Government
Money Market Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Federated Investment Management
Company |
0.72% |
3.65% |
2.76% |
1.68% |
| Equity |
Nationwide Variable Insurance Trust - NVIT GQG US Quality
Equity Fund: Class II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2026
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Atlanta Capital Management Company, LLC |
0.87%* |
2.04% |
5.46% |
8.62% |
| Equity |
Nationwide Variable Insurance Trust - NVIT International
Equity Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Lazard Asset Management LLC |
1.13%* |
38.97% |
12.52% |
9.67% |
| Equity |
Nationwide Variable Insurance Trust - NVIT International
Index Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: BlackRock Investment Management,
LLC |
0.70% |
30.38% |
8.26% |
7.67% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Invesco Small
Cap Growth Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Invesco Advisers, Inc. |
1.32% |
16.08% |
4.69% |
11.45% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Aggressive Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
1.02% |
19.26% |
8.48% |
9.50% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Balanced Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.94% |
12.97% |
4.84% |
6.03% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Capital Appreciation Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.90%* |
15.70% |
6.58% |
7.85% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Conservative Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.92% |
8.90% |
1.96% |
3.37% |
83
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Managed Growth & Income Fund: Class
II This underlying mutual fund is only available in contracts for
which good order applications were received before May 1,
2026 Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Nationwide Asset Management, LLC |
0.92%* |
9.42% |
4.04% |
5.06% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Managed Growth Fund: Class II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2026
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Nationwide Asset Management, LLC |
0.96%* |
10.69% |
5.33% |
6.44% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Moderate Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.97% |
14.42% |
5.67% |
6.92% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Moderately Aggressive Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
1.00% |
17.38% |
7.41% |
8.61% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Investor
Destinations Moderately Conservative Fund: Class II
Investment Advisor: Nationwide Fund Advisors |
0.93% |
11.68% |
3.78% |
5.12% |
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT iShares® Fixed
Income ETF Fund: Class II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2026
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: BlackRock Investment Management, LLC |
0.72%* |
6.33% |
-0.96% |
|
| Equity |
Nationwide Variable Insurance Trust - NVIT iShares® Global
Equity ETF Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: BlackRock Investment Management,
LLC |
0.75%* |
18.00% |
10.86% |
|
| Equity |
Nationwide Variable Insurance Trust - NVIT J.P. Morgan
Digital Evolution Strategy Fund: Class
II Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: J.P. Morgan Investment Management
Inc. |
0.96%* |
32.66% |
|
|
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT J.P. Morgan
Inflation Managed Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: J.P. Morgan Investment Management
Inc. |
0.75%* |
|
|
|
| Equity |
Nationwide Variable Insurance Trust - NVIT J.P. Morgan U.S.
Equity Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: J.P. Morgan Investment Management
Inc. |
0.94% |
14.09% |
13.02% |
|
| Equity |
Nationwide Variable Insurance Trust - NVIT Jacobs Levy
Large Cap Core Fund: Class II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2023
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Jacobs Levy Equity Management, Inc. |
0.87%* |
11.66% |
11.86% |
13.09% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Jacobs Levy
Large Cap Growth Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Jacobs Levy Equity Management, Inc. |
0.95%* |
13.82% |
18.76% |
17.73% |
84
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT Loomis Core
Bond Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Loomis, Sayles & Company, L.P. |
0.83% |
6.56% |
-1.01% |
1.83% |
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT Loomis Short
Term Bond Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Loomis, Sayles & Company, L.P. |
0.80% |
5.43% |
1.88% |
2.12% |
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT Loomis Short
Term High Yield Fund: Class I
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Loomis, Sayles & Company, L.P. |
0.87%* |
5.66% |
3.26% |
5.38% |
| Allocation |
Nationwide Variable Insurance Trust - NVIT Managed
American Funds Asset Allocation Fund: Class II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2026
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Nationwide Asset Management, LLC |
0.95% |
11.27% |
7.91% |
8.51% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Managed
American Funds Growth-Income Fund: Class II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2026
Investment Advisor: Nationwide Fund Advisors
Sub-Advisor: Nationwide Asset Management, LLC |
1.00% |
10.66% |
11.57% |
11.40% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Mid Cap Index
Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: BlackRock Investment Management,
LLC |
0.66% |
6.82% |
8.47% |
10.06% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Multi-Manager
Small Company Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Jacobs Levy Equity Management, Inc.
and Invesco Advisers, Inc. |
1.30%* |
10.05% |
8.34% |
10.72% |
| Equity |
Nationwide Variable Insurance Trust - NVIT NASDAQ-100
Index Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: BlackRock Investment Management,
LLC |
0.72%* |
|
|
|
| Equity |
Nationwide Variable Insurance Trust - NVIT Putnam
International Value Fund: Class Z
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Putnam Investment Management, LLC |
1.08%* |
34.95% |
10.90% |
7.45% |
| Equity |
Nationwide Variable Insurance Trust - NVIT S&P 500 Index
Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: BlackRock Investment Management,
LLC |
0.49%* |
17.35% |
13.87% |
14.26% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Small Cap Index
Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: BlackRock Investment Management,
LLC |
0.58%* |
12.14% |
5.54% |
9.10% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Small Cap Value
Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Jacobs Levy Equity Management, Inc. |
1.31%* |
1.87% |
7.70% |
7.41% |
85
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Fixed Income |
Nationwide Variable Insurance Trust - NVIT Strategic Income
Fund: Class I
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Amundi Asset Management, US |
0.80% |
7.56% |
5.81% |
5.45% |
| Equity |
Nationwide Variable Insurance Trust - NVIT Victory Mid Cap
Value Fund: Class II
Investment Advisor: Nationwide Fund Advisors
Investment Sub-Advisor: Victory Capital Management Inc. |
0.96%* |
2.30% |
7.79% |
7.55% |
| Equity |
New Age Alpha Variable Funds Trust - NAA Large Growth
Series
Investment Advisor: New Age Alpha Advisors, LLC |
1.01%* |
17.02% |
13.89% |
17.04% |
| Hybrid Securities |
New York Life Investments VP Funds Trust - NYLIM VP
MacKay Convertible Portfolio: Service 2 Class (formerly,
New York Life Investments VP Funds Trust - NYLI VP
MacKay Convertible Portfolio: Service 2
Class) Investment Advisor: New York Life Investment Management
LLC Investment Sub-Advisor: MacKay Shields LLC |
0.92% |
15.99% |
5.24% |
10.00% |
| Allocation |
PIMCO Variable Insurance Trust - All Asset Portfolio:
Advisor Class
Investment Advisor: PIMCO
Investment Sub-Advisor: Research Affiliates, LLC |
2.23%* |
14.19% |
5.49% |
6.67% |
| Real Assets |
PIMCO Variable Insurance Trust - Commodity RealReturn®
Strategy Portfolio: Advisor Class
Investment Advisor: PIMCO |
3.29%* |
18.66% |
10.44% |
6.42% |
| Fixed Income |
PIMCO Variable Insurance Trust - Emerging Markets Bond
Portfolio: Advisor Class
Investment Advisor: PIMCO |
1.27% |
14.86% |
2.34% |
4.96% |
| Fixed Income |
PIMCO Variable Insurance Trust - International Bond
Portfolio (U.S. Dollar-Hedged): Advisor Class
Investment Advisor: PIMCO |
1.19% |
3.85% |
0.93% |
2.78% |
| Fixed Income |
PIMCO Variable Insurance Trust - Low Duration Portfolio:
Advisor Class
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2024
Investment Advisor: PIMCO |
0.76% |
5.42% |
1.47% |
1.69% |
| Fixed Income |
PIMCO Variable Insurance Trust - Short-Term Portfolio:
Advisor Class
Investment Advisor: PIMCO |
0.75% |
4.57% |
3.14% |
2.65% |
| Allocation |
Putnam Variable Trust - Putnam VT George Putnam
Balanced Fund: Class IB
Investment Advisor: Putnam Investment Management, LLC
Investment Sub-Advisor: Franklin Advisers, Inc., Franklin
Templeton Investment Management Limited |
0.88% |
13.95% |
8.85% |
10.17% |
| Equity |
Putnam Variable Trust - Putnam VT International Equity
Fund: Class IB
Investment Advisor: Putnam Investment Management, LLC
Investment Sub-Advisor: Franklin Advisers, Inc., Franklin
Templeton Investment Management Limited, The Putnam
Advisory Company, LLC |
1.06% |
37.68% |
9.28% |
8.13% |
| Equity |
Putnam Variable Trust - Putnam VT Large Cap Value Fund:
Class IB
Investment Advisor: Putnam Investment Management, LLC
Investment Sub-Advisor: Franklin Advisers, Inc., Franklin
Templeton Investment Management Limited |
0.79% |
20.35% |
15.38% |
13.30% |
86
| Type |
Underlying Mutual Fund and Adviser/Subadviser |
Current
Expenses |
Average Annual Total
Returns
(as of 12/31/2025) | ||
| 1 year |
5 year |
10 year | |||
| Equity |
Putnam Variable Trust - Putnam VT Sustainable Leaders
Fund: Class IB
Investment Advisor: Putnam Investment Management, LLC
Investment Sub-Advisor: Franklin Advisers, Inc., Franklin
Templeton Investment Management Limited |
0.88% |
10.69% |
10.34% |
14.69% |
| Equity |
T. Rowe Price Equity Series, Inc. - T. Rowe Price Health
Sciences Portfolio: II
Investment Advisor: T. Rowe Price Associates, Inc. |
1.11% |
17.80% |
3.86% |
8.70% |
| Equity |
T. Rowe Price Equity Series, Inc. - T. Rowe Price Mid-Cap
Growth Portfolio: II
This underlying mutual fund is only available in contracts for
which good order applications were received before May 1, 2026
Investment Advisor: T. Rowe Price Associates, Inc.
Sub-Advisor: T. Rowe Price Investment Management, Inc. |
1.09% |
3.29% |
3.58% |
9.54% |
| Equity |
VanEck VIP Trust - VanEck VIP Global Gold Fund: Class
S Investment Advisor: Van Eck Associates Corporation
|
1.45%* |
164.43% |
20.00% |
20.88% |
| Equity |
VanEck VIP Trust - VanEck VIP Global Resources Fund:
Class S
Investment Advisor: Van Eck Associates Corporation |
1.32% |
36.17% |
10.24% |
8.06% |
| Equity |
Victory Variable Insurance Funds II - Victory Pioneer Fund
VCT Portfolio: Class II
Investment Advisor: Victory Capital Management, Inc. |
1.00%* |
23.08% |
14.69% |
15.47% |
| Equity |
Virtus Variable Insurance Trust - Virtus Duff & Phelps Real
Estate Securities Series: Class A
Investment Advisor: Virtus Investment Advisers, Inc.
Investment Sub-Advisor: Duff & Phelps Investment Management
Co., an affiliate of VIA. |
1.10%* |
0.72% |
6.06% |
5.95% |
*
This underlying mutual fund’s current expenses reflect a temporary fee reduction.
Income Benefit Investment Options
Certain optional benefits restrict how the Contract Owner can invest their Contract Value by limiting the investment options in which the
Contract Owner can invest and/or requiring use of a specified asset allocation service. The investment options available under each optional living benefit are chosen by Nationwide based on each investment option’s risk characteristics. The permitted investment options are more conservative than
those that are not permitted. This helps Nationwide manage its obligation to provide Contract Owners with Lifetime Withdrawals by reducing the likelihood that it will have to make unanticipated payments. By electing an optional living benefit and
accepting the limited menu of investment options, Contract Owners may be foregoing investment gains that could otherwise be realized by investing in riskier investment options that are not
available under the optional living benefit. Only the investment options shown below (and designated by an "X") are available in connection with the respective optional
benefit.
| Investment Option |
Nationwide
Lifetime Income
Rider Plus Empire |
Nationwide
Lifetime Income
Rider Plus Core |
Nationwide Lifetime
Income Rider Plus
Accelerated |
Nationwide
Lifetime Income
Rider Plus Max |
| Fidelity Variable Insurance Products Fund - Fidelity VIP Freedom Fund
2010 Portfolio: Service Class 2 |
|
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Aggressive
Fund: Class II |
|
|
X |
X |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Balanced
Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Capital
Appreciation Fund: Class II |
X |
|
X |
X |
87
| Investment Option |
Nationwide
Lifetime
Income
Rider Plus
Empire |
Nationwide
Lifetime
Income
Rider Plus
Core |
Nationwide
Lifetime
Income
Rider Plus
Accelerated |
Nationwide
Lifetime
Income
Rider Plus
Max |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Conservative
Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Managed
Growth & Income Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Managed
Growth Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Moderate
Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Moderately
Aggressive Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Blueprint® Moderately
Conservative Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Aggressive Fund: Class II |
|
|
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Balanced Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Capital Appreciation Fund: Class II |
X |
|
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Conservative Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Managed Growth & Income Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Managed Growth Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Moderate Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Moderately Aggressive Fund: Class II |
X |
|
X |
X |
| Nationwide Variable Insurance Trust - NVIT Investor Destinations
Moderately Conservative Fund: Class II |
X |
X |
X |
X |
| Nationwide Variable Insurance Trust - NVIT Managed American Funds
Asset Allocation Fund: Class II |
X |
X |
X |
X |
| Static Asset Allocation Models - American Funds 60/40 Option (40%
NVIT American Funds Growth-Income Fund, 40% NVIT American
Funds Asset Allocation Fund and 20% NVIT - NVIT American Funds
Bond Fund) |
X |
|
|
|
| Static Asset Allocation Models - American Funds 60/40 Option (40%
NVIT American Funds Growth-Income Fund, 40% NVIT American
Funds Asset Allocation Fund and 20% NVIT American Funds Bond
Fund) |
|
X |
X |
X |
| Static Asset Allocation Models - American Funds 80/20 Option (65%
NVIT American Funds Growth-Income Fund, 20% NVIT American
Funds Asset Allocation Fund and 15% NVIT - NVIT American Funds
Bond Fund) |
X |
|
|
|
88
| Investment Option |
Nationwide
Lifetime
Income
Rider Plus
Empire |
Nationwide
Lifetime
Income
Rider Plus
Core |
Nationwide
Lifetime
Income
Rider Plus
Accelerated |
Nationwide
Lifetime
Income
Rider Plus
Max |
| Static Asset Allocation Models - American Funds Managed Moderate
Option (40% NVIT - NVIT Managed American Funds Growth-Income
Fund, 40% NVIT - NVIT Managed American Funds Asset Allocation
Fund and 20% NVIT - NVIT American Funds Bond Fund) |
X2 |
X |
X |
X |
| Static Asset Allocation Models – BlackRock 70/30 Option (55% NVIT
BlackRock Equity Dividend, 25% NVIT BlackRock Managed Global
Allocation and 20% BlackRock Total Return VI) |
X |
|
|
|
| Static Asset Allocation Models – BlackRock Moderate Option (40%
NVIT BlackRock Equity Dividend V.I. Fund, 33% NVIT BlackRock
Managed Global Allocation Fund and 27% BlackRock Total Return V.I.
Fund) |
X2 |
X |
X |
X |
| Static Asset Allocation Models - Fidelity® VIP Funds 60/40 Option
(40% Fidelity VIP Growth & Income, 30% Fidelity VIP Balanced and
30% Fidelity VIP Investment Grade Bond) |
|
X |
X |
X |
| Static Asset Allocation Models - Fidelity® VIP Funds 80/20 Option
(70% Fidelity VIP Growth & Income, 15% Fidelity VIP Balanced and
15% Fidelity VIP Investment Grade Bond) |
X |
|
|
|
| Static Asset Allocation Models - J.P. Morgan Moderate Option (40%
NVIT - NVIT J.P.Morgan Disciplined Equity Fund, 40% NVIT - NVIT
Government Money Market Fund and 20% Lincoln Variable Insurance
Products Trust - JPMorgan Core Bond Fund) |
|
X1 |
X1 |
X1 |
| Static Asset Allocation Models - Janus Henderson 70/30 Option (30%
Janus Henderson VIT Global Tech & Innovation, 40% Janus
Henderson VIT Global Research and 30% Janus Henderson VIT
Flexible Bond) |
X |
|
|
|
| Static Asset Allocation Models - Multi-Manager 60/40 Option (30%
NVIT Jacobs Levy Large Cap Growth, 30% Putnam VT Large Cap
Value IB and 40% Fidelity VIP Investment Grade Bond) |
X |
|
|
|
| Static Asset Allocation Models - Multi-Manager 70/30 Option (35%
NVIT Jacobs Levy Large Cap Growth Fund: Class II, 35% Putnam VT
Large Cap Value Fund: Class IB and 30% Fidelity VIP Investment
Grade Bond Portfolio - Service Class 2) |
X |
|
|
|
| Static Asset Allocation Models - Multi-Manager 80/20 Option (40%
NVIT Jacobs Levy Large Cap Growth, 40% Putnam VT Large Cap
Value IB and 20% Fidelity VIP Investment Grade Bond) |
X |
|
|
|
| Static Asset Allocation Models - Nationwide Variable Insurance Trust
iShares Moderate Option (60% Nationwide Variable Insurance Trust -
NVIT iShares® Global Equity ETF Fund: Class II and 40% Nationwide
Variable Insurance Trust - NVIT iShares® Fixed Income ETF Fund:
Class II) |
X2 |
X |
X |
X |
| Custom Choice Asset Rebalancing Service |
X |
X |
X |
X |
1 Only available in contracts for applications signed before May 1, 2023.
2 Only available in contracts for applications signed before June 21, 2024.
89
Custom Choice Asset Rebalancing
Service Investment Options
Contract Owners who elect to participate in the Custom Choice Asset Rebalancing Service are
limited to only the investment options shown below. Allocations must meet the required minimum and maximum thresholds within each group. These tables disclose only the Sub-Accounts that currently comprise Groups A, B, and C, and the current allocation
limitations.
| |
Nationwide Lifetime Income Rider Plus Empire |
Nationwide Lifetime Income Rider Plus Core Option |
Nationwide Lifetime Income Rider Plus Accelerated Option |
Nationwide Lifetime Income Rider Plus Max Option |
| Group A |
20% - 100% |
40% - 100% |
0% - 100% |
0% - 100% |
| Group B |
0% - 80% |
0% - 60% |
0% - 100% |
0% - 100% |
| Group C |
0% - 10% |
0% - 10% |
0% - 10% |
0% - 10% |
| Total |
100% |
100% |
100% |
100% |
The following table indicates the investment options (designated with an "X") that are available in each
group:
| Underlying Mutual Fund |
Group A |
Group B |
Group C |
| AllianceBernstein Variable Products Series Fund, Inc. - AB VPS Large Cap Growth
Portfolio: Class B |
|
X |
|
| AllianceBernstein Variable Products Series Fund, Inc. - AB VPS Relative Value
Portfolio: Class A |
|
X |
|
| American Funds Insurance Series® - American Funds® Global Balanced Fund:
Class 4 |
|
X |
|
| American Funds Insurance Series® - American High-Income Trust: Class
4 |
X |
|
|
| American Funds Insurance Series® - Capital Income Builder®: Class
4 |
|
X |
|
| American Funds Insurance Series® - Global Small Capitalization Fund: Class
4 |
|
X |
|
| American Funds Insurance Series® - New World Fund®: Class 4
|
|
X |
|
| American Funds Insurance Series® - U.S. Government Securities Fund: Class
2 |
X |
|
|
| American Funds Insurance Series® - Washington Mutual Investors Fund: Class
4 |
|
X |
|
| BlackRock Variable Series Funds II, Inc. - BlackRock High Yield V.I. Fund: Class
III |
|
|
X |
| BlackRock Variable Series Funds II, Inc. - BlackRock Total Return V.I. Fund: Class
III |
X |
|
|
| BlackRock Variable Series Funds, Inc. - BlackRock 60/40 Target Allocation ETF V.I.
Fund: Class III |
|
X |
|
| BlackRock Variable Series Funds, Inc. - BlackRock Global Allocation V.I. Fund: Class
III |
|
X |
|
| Calvert Variable Series, Inc. - Calvert VP SRI Balanced Portfolio: Class
F |
|
X |
|
| Calvert Variable Trust, Inc. - CVT Nasdaq 100 Index Portfolio: Class F
|
|
X |
|
| Columbia Funds Variable Insurance Trust II - Columbia Variable Portfolio - Seligman
Global Technology: Class 2 |
|
|
X |
| Columbia Funds Variable Series Trust II - Columbia Variable Portfolio - High Yield
Bond Fund: Class 2 |
|
|
X |
| Delaware VIP Trust - Macquarie VIP Small Cap Value Series: Service
Class |
|
X |
|
| Eaton Vance Variable Trust - Eaton Vance VT Floating-Rate Income Fund: Initial
Class |
X |
|
|
| Fidelity Variable Insurance Products - Emerging Markets Portfolio: Service Class
2 |
|
|
X |
| Fidelity Variable Insurance Products Fund - Fidelity VIP Freedom Fund 2010
Portfolio: Service Class 2 |
|
X |
|
| Fidelity Variable Insurance Products Fund - VIP Balanced Portfolio: Service Class
2 |
|
X |
|
| Fidelity Variable Insurance Products Fund - VIP Energy Portfolio: Service Class
2 |
|
|
X |
| Fidelity Variable Insurance Products Fund - VIP Floating Rate High Income Portfolio:
Initial Class |
X |
|
|
| Fidelity Variable Insurance Products Fund - VIP Growth & Income Portfolio:
Service Class 2 |
|
X |
|
| Fidelity Variable Insurance Products Fund - VIP Growth Portfolio: Service Class
2 |
|
X |
|
90
| Underlying Mutual Fund |
Group A |
Group B |
Group C |
| Fidelity Variable Insurance Products Fund - VIP Investment Grade Bond Portfolio:
Service Class 2 |
X |
|
|
| Fidelity Variable Insurance Products Fund - VIP Real Estate Portfolio: Service Class
2 |
|
|
X |
| Fidelity Variable Insurance Products Fund - VIP Value Strategies Portfolio: Service
Class 2 |
|
X |
|
| Goldman Sachs Variable Insurance Trust - Goldman Sachs Multi-Strategy Alternatives
Portfolio: Service Shares |
|
|
X |
| Invesco - Invesco V.I. Global Fund: Series II |
|
X |
|
| Invesco - Invesco V.I. Main Street Small Cap Fund: Series II |
|
X |
|
| Janus Aspen Series - Janus Henderson Balanced Portfolio: Service Shares
|
|
X |
|
| Janus Aspen Series - Janus Henderson Enterprise Portfolio: Service
Shares |
|
X |
|
| Janus Aspen Series - Janus Henderson Flexible Bond Portfolio: Service
Shares |
X |
|
|
| Janus Aspen Series - Janus Henderson Global Research Portfolio: Service
Shares |
|
X |
|
| Janus Aspen Series - Janus Henderson Global Sustainable Equity Portfolio:
Institutional Shares |
|
|
X |
| Janus Aspen Series - Janus Henderson Global Technology and Innovation Portfolio:
Service Shares |
|
X |
|
| Janus Aspen Series - Janus Henderson Overseas Portfolio: Service Shares
|
|
|
X |
| Legg Mason Partners Variable Equity Trust - ClearBridge Variable Small Cap Growth
Portfolio: Class II |
|
X |
|
| Lincoln Variable Insurance Products Trust - LVIP American Century Inflation
Protection Fund: Service Class |
|
|
X |
| Lord Abbett Series Fund, Inc. - Short Duration Income Portfolio: Class
VC |
|
|
X |
| Lord Abbett Series Fund, Inc. - Total Return Portfolio: Class VC |
X |
|
|
| MainStay VP Funds Trust - MainStay VP MacKay Convertible Portfolio: Service 2
Class |
|
X |
|
| MFS® Variable Insurance Trust - MFS New Discovery Series: Service
Class |
|
X |
|
| MFS® Variable Insurance Trust - MFS Total Return Bond Series: Service
Class |
X |
|
|
| MFS® Variable Insurance Trust - MFS Utilities Series: Service
Class |
|
|
X |
| MFS® Variable Insurance Trust II - MFS International Growth Portfolio: Service
Class |
|
X |
|
| MFS® Variable Insurance Trust III - MFS Global Real Estate Portfolio: Service
Class |
|
|
X |
| MFS® Variable Insurance Trust III - MFS Limited Maturity Portfolio: Service
Class |
X |
|
|
| MFS® Variable Insurance Trust III - MFS Mid Cap Value Portfolio: Service
Class |
|
X |
|
| Morgan Stanley Variable Insurance Fund, Inc. - Global Infrastructure Portfolio:
Class II |
|
|
X |
| Morgan Stanley Variable Insurance Fund, Inc. - Growth Portfolio: Class
II |
|
|
X |
| Nationwide Variable Insurance Trust - NVIT Allspring Discovery Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT American Funds Asset Allocation Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT American Funds Bond Fund: Class
II |
X |
|
|
| Nationwide Variable Insurance Trust - NVIT American Funds Global Growth Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT American Funds Growth Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT American Funds Growth-Income Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Amundi Multi Sector Bond Fund: Class
I |
X |
|
|
| Nationwide Variable Insurance Trust - NVIT BlackRock Equity Dividend Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT BlackRock Managed Global Allocation Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Aggressive Fund: Class
II |
|
X |
|
91
| Underlying Mutual Fund |
Group A |
Group B |
Group C |
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Balanced Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Capital Appreciation Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Conservative Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Managed Growth & Income
Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Managed Growth Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Moderate Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Moderately Aggressive Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Blueprint(SM) Moderately Conservative
Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT BNY Mellon Core Plus Bond Fund: Class
II |
X |
|
|
| Nationwide Variable Insurance Trust - NVIT BNY Mellon Dynamic U.S. Core Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT BNY Mellon Dynamic U.S. Equity Income:
Class Z |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Calvert Equity Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Columbia Overseas Value Fund: Class
Z |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Core Bond Fund: Class II
|
X |
|
|
| Nationwide Variable Insurance Trust - NVIT DoubleLine Total Return Tactical Fund:
Class II |
X |
|
|
| Nationwide Variable Insurance Trust - NVIT Federated High Income Bond Fund: Class
I |
|
|
X |
| Nationwide Variable Insurance Trust - NVIT Government Money Market Fund: Class
II |
X |
|
|
| Nationwide Variable Insurance Trust - NVIT International Equity Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT International Index Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Invesco Small Cap Growth Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Aggressive Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Balanced Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Capital
Appreciation Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Conservative Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Managed Growth
& Income Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Managed Growth
Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Moderate Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Moderately
Aggressive Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Investor Destinations Moderately
Conservative Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT iShares® Fixed Income ETF Fund:
Class II |
X |
|
|
| Nationwide Variable Insurance Trust - NVIT iShares® Global Equity ETF Fund:
Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT J.P. Morgan U.S. Equity Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Jacobs Levy Large Cap Core Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Jacobs Levy Large Cap Growth Fund: Class
II |
|
X |
|
92
| Underlying Mutual Fund |
Group A |
Group B |
Group C |
| Nationwide Variable Insurance Trust - NVIT Loomis Short Term Bond Fund: Class
II |
X |
|
|
| Nationwide Variable Insurance Trust - NVIT Managed American Funds Asset Allocation
Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Managed American Funds Growth-Income
Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Mid Cap Index Fund: Class II
|
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Multi-Manager Small Cap Value Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Multi-Manager Small Company Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT NS Partners International Focused Growth
Fund: Class II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT S&P 500® Index Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Small Cap Index Fund: Class
II |
|
X |
|
| Nationwide Variable Insurance Trust - NVIT Victory Mid Cap Value Fund: Class
II |
|
X |
|
| PIMCO Variable Insurance Trust - All Asset Portfolio: Advisor Class
|
|
|
X |
| PIMCO Variable Insurance Trust - Commodity RealReturn® Strategy Portfolio:
Advisor Class |
|
|
X |
| PIMCO Variable Insurance Trust - Emerging Markets Bond Portfolio: Advisor
Class |
|
|
X |
| PIMCO Variable Insurance Trust - Income Portfolio: Advisor Class |
X |
|
|
| PIMCO Variable Insurance Trust - International Bond Portfolio (U.S. Dollar-Hedged):
Advisor Class |
X |
|
|
| PIMCO Variable Insurance Trust - Real Return Portfolio: Advisor Class
|
|
X |
|
| PIMCO Variable Insurance Trust - Short-Term Portfolio: Advisor Class
|
|
|
X |
| Pioneer Variable Contracts Trust - Pioneer Fund VCT Portfolio: Class II
|
|
X |
|
| Putnam Variable Trust - Putnam VT George Putnam Balanced Fund: Class IB
|
|
X |
|
| Putnam Variable Trust - Putnam VT International Equity Fund: Class IB
|
|
X |
|
| Putnam Variable Trust - Putnam VT Large Cap Value Fund: Class IB |
|
X |
|
| Putnam Variable Trust - Putnam VT Sustainable Leaders Fund: Class IB
|
|
X |
|
| T. Rowe Price Equity Series, Inc. - T. Rowe Price Health Sciences Portfolio:
II |
|
|
X |
| T. Rowe Price Equity Series, Inc. - T. Rowe Price Mid-Cap Growth Portfolio:
II |
|
|
X |
| VanEck VIP Trust - VanEck VIP Global Gold Fund: Class S |
|
|
X |
| VanEck VIP Trust - VanEck VIP Global Resources Fund: Class S |
|
|
X |
| Virtus Variable Insurance Trust - Virtus Duff & Phelps Real Estate Securities
Series: Class A |
|
|
X |
93
Appendix B: Contract Types and
Tax Information
Types of Contracts
The contracts described in this prospectus are classified according to the tax treatment to which they are subject under the
Internal Revenue Code (the "Code"). Following is a general description of the various contract types. Eligibility requirements, tax benefits (if any), limitations, and other
features of the contracts will differ depending on contract type.
Non-Qualified Contracts
A non-qualified contract is a contract that does not qualify for certain tax benefits
under the Code, such as deductibility of purchase payments, and which is not an IRA, Roth IRA, SEP IRA, Simple IRA, tax sheltered annuity, or part of a pension plan or employer-sponsored retirement program.
Upon the death of the owner of a non-qualified contract, mandatory distribution requirements
are imposed to ensure distribution of the entire balance in the contract within a required period.
Non-qualified contracts that are owned by natural persons allow the deferral of taxation on the income earned in the contract until it is distributed or deemed to be distributed. Non-qualified contracts that are owned by non-natural persons,
such as trusts, corporations, and partnerships are generally subject to current income tax on the income earned inside the contract, unless the non-natural person owns the contract as an agent of a natural person.
Charitable Remainder Trusts
Charitable Remainder Trusts are trusts that meet the requirements of Section 664 of the Code. An annuity that has a
Charitable Remainder Trust endorsement is not a Charitable Remainder Trust; the endorsement is merely to facilitate ownership of the contract by a Charitable Remainder Trust. Non-Qualified Contracts that are issued to Charitable Remainder
Trusts will differ from other Non-Qualified Contracts in three respects:
(1)
Waiver of sales charges. In addition to any sales load waivers included in the contract,
Charitable Remainder Trusts may also withdraw the difference between:
(a)
the contract value on
the day before the withdrawal; and
(b)
the total amount of purchase payments made to the contract (less an adjustment for amounts
surrendered).
(2)
Contract ownership at annuitization. On the annuitization date, if the contract owner is a
Charitable Remainder Trust, the Charitable Remainder Trust will continue to be the contract owner and the annuitant will NOT become the contract owner.
(3)
Recipient of death benefit proceeds. With respect to the death benefit proceeds, if the
contract owner is a Charitable Remainder Trust, the death benefit is payable to the Charitable Remainder Trust. Any designation in conflict with the Charitable Remainder Trust’s right to the death benefit will be void.
While these provisions are
intended to facilitate a Charitable Remainder Trust's ownership of this contract, the rules governing Charitable Remainder Trusts are numerous and complex. A Charitable Remainder
Trust that is considering purchasing this contract should seek the advice of a qualified tax and/or financial professional prior to purchasing the contract.
Individual Retirement Annuities
(IRAs)
IRAs are contracts that satisfy the provisions of Section 408(b) of the Code, including the following requirements:
•
the contract is not transferable by the owner;
•
the premiums are not fixed;
•
if the contract owner is younger than age 50, the annual premium cannot exceed $7,500; if the contract owner is age 50 or older, the
annual premium cannot exceed $8,600 (although rollovers of greater amounts from Qualified Plans, Tax Sheltered Annuities, certain 457 governmental plans, and other IRAs can be received);
•
certain minimum distribution requirements must be satisfied after the owner attains their
"applicable age" as defined in the Code;
•
the entire interest of the owner in the contract is nonforfeitable; and
•
after the death of the owner, additional distribution requirements may be imposed to ensure distribution of the entire
balance in the contract within the statutory period of time.
94
As used herein, the term "individual retirement
plans" shall refer to both individual retirement annuities and individual retirement accounts that are described in Section 408 of the Code.
For
further details regarding IRAs, refer to the disclosure statement provided when the IRA was established and the annuity contract’s IRA endorsement.
Roth IRAs
Roth IRA contracts are contracts that satisfy the provisions of Section 408A of the Code, including the following
requirements:
•
the contract is not transferable by the owner;
•
the premiums are not fixed;
•
if the contract owner is younger than age 50, the annual premium cannot exceed $7,500; if the contract owner is age 50 or older, the
annual premium cannot exceed $8,600 (although rollovers of greater amounts from other Roth IRAs and other individual retirement plans can be received);
•
the entire interest of the owner in the contract is nonforfeitable; and
•
after the death of the owner, certain distribution requirements may be imposed to ensure distribution of the entire balance
in the contract within the statutory period of time.
For further details regarding Roth IRAs, please refer to the disclosure statement provided
when the Roth IRA was established and the annuity contract’s IRA endorsement.
Simplified Employee Pension IRAs (SEP IRA)
A SEP IRA is a written plan established by an employer for the benefit of employees which permits the employer to make
contributions to an IRA established for the benefit of each employee.
An employee may make deductible contributions to a SEP IRA subject to the same restrictions
and limitations as an IRA. In addition, the employer may make contributions to the SEP IRA, subject to dollar and percentage limitations imposed by both the Code and the written plan.
A SEP IRA plan must satisfy:
•
minimum participation rules;
•
top-heavy contribution rules;
•
nondiscriminatory allocation rules; and
•
requirements regarding a written allocation formula.
In addition, the plan cannot restrict withdrawals of non-elective contributions, and must restrict withdrawals of elective
contributions before March 15th of the following year.
Simple IRAs
A Simple IRA is an Individual Retirement Annuity that is funded exclusively by a qualified
salary reduction arrangement and satisfies:
•
vesting requirements;
•
participation requirements; and
•
administrative requirements.
The funds contributed to a Simple IRA cannot be commingled with funds in other individual retirement plans or SEP IRAs.
A Simple IRA cannot receive rollover distributions except from another Simple IRA.
Investment Only (Qualified Plans)
Contracts that are owned by Qualified Plans are not intended to confer tax benefits on the beneficiaries of the plan; they
are used as investment vehicles for the plan. The income tax consequences to the beneficiary of a Qualified Plan are controlled by the operation of the plan, not by operation of the assets in which the plan invests.
95
Beneficiaries of Qualified Plans should contact
their employer and/or trustee of the plan to obtain and review the plan, trust, summary plan description and other documents for the tax and other consequences of being a
participant in a Qualified Plan.
Federal Tax Considerations
Federal Income Taxes
The tax consequences of purchasing a contract described in this prospectus will depend
on:
•
the type of contract purchased;
•
the purposes for which the contract is purchased; and
•
the personal circumstances of individual investors having interests in the contracts.
Existing tax rules are subject to change and may affect individuals differently depending on their situation. Nationwide
does not guarantee the tax status of any contracts or any transactions involving the
contracts.
The following is a brief summary of some of the federal income tax considerations related to the types of contracts sold in
connection with this prospectus. In addition to the federal income tax, distributions from annuity contracts may be subject to state and local income taxes. Nothing in this prospectus should be considered to be tax advice. Purchasers and
prospective purchasers of the contract should consult a financial professional, tax advisor, or legal counsel to discuss the taxation and use of the contracts.
IRAs, SEP IRAs, and Simple IRAs
Distributions from IRAs, SEP IRAs, and Simple IRAs are generally taxed as ordinary income
when received. If any of the amounts contributed to the Individual Retirement Annuity was non-deductible for federal income tax purposes, then a portion of each distribution is excludable from income.
The portion of a distribution that is excludable from income is based on the ratio of the
amount by which non-deductible purchase payments exceed prior non-taxable distributions to total account balances at the time of the distribution. The owner of an IRA, SEP IRA, or Simple IRA must annually report the amount of non-deductible purchase payments, the amount of
any distribution, the amount by which non-deductible purchase payments for all years exceed nontaxable distributions for all years, and the total balance of all IRAs, SEP IRAs, or
Simple IRAs. Depending on the circumstance of the owner, all or a portion of the contributions (purchase payments) made to the account may be deducted for federal income tax purposes.
IRAs may receive rollover contributions from other individual retirement accounts, other individual retirement annuities, tax sheltered annuities, certain 457 governmental plans, and qualified retirement plans (including 401(k)
plans).
When the owner of an IRA attains their applicable age, the IRA owner is required to begin taking certain minimum
distributions. In addition, upon the death of the owner of an IRA, the Code imposes mandatory distribution requirements to ensure distribution of the entire contract value within the required statutory period. Due to the Treasury Regulation’s valuation rules, the amount used to compute the mandatory distributions may exceed the contract value.
If the contract owner dies before the contract is completely
distributed, the balance will be included in the contract owner’s gross estate for tax purposes.
One-Rollover-Per-Year Limitation
A contract owner can receive a distribution from an IRA and roll it into another IRA within
60 days from the date of the distribution and not have the amount of the distribution included in taxable income. Only one rollover per year from a contract owner’s IRA is allowed. The one-year period begins on the date the contract owner receives the IRA distribution, and not on the date the IRA was rolled over.
The one-rollover-per-year limitation applies in the aggregate to all the IRAs that a taxpayer
owns. This means that a contract owner cannot make an IRA rollover distribution if, within the previous one-year period, an IRA rollover distribution was taken from any other IRAs owned by the taxpayer. Also, rollovers between an individual’s Roth IRAs would prevent a
separate rollover between the individual’s traditional IRAs within the one-year period, and vice versa.
Direct transfers of IRA funds between IRA trustees are not subject to the one rollover per year limitation because such transfers are not considered rollover distributions. Also, a rollover from a traditional IRA to a Roth IRA (a conversion) is not subject to the one rollover per year limitation, and such a rollover is disregarded in applying the one rollover per year
limitation to other rollovers.
96
Roth
IRAs
Distributions of earnings from Roth IRAs are taxable or nontaxable depending upon whether they are "qualified distributions"
or "non-qualified distributions." A "qualified distribution" is nontaxable if it is made after the Roth IRA has satisfied the five-year rule and meets one of the following
requirements:
•
it is made on or after the date on which the contract owner attains age 59½;
•
it is made to a beneficiary (or the contract owner’s estate) on or after the death of
the contract owner;
•
it is attributable to the contract owner’s disability; or
•
it is used for expenses attributable to the purchase of a home for a qualified first-time
buyer.
The five-year rule is satisfied if a five taxable-year period has passed beginning with the first tax year in which a contribution is made to any Roth IRA established by the owner.
A non-qualified distribution is not includable in gross income to the extent that the
distribution, when added to all previous distributions, does not exceed the total amount of contributions made to the Roth IRA. Any non-qualified distribution in excess of total contributions is includable in the contract owner’s gross income as ordinary income in the year that it is distributed to the contract owner.
A Roth IRA can receive a rollover from an individual retirement plan or another eligible
retirement plan; however, the amount rolled over from the individual retirement plan or other eligible retirement plan to the Roth IRA is required to be included in the owner's federal gross income at the time of the rollover and will be subject to federal income tax. However,
a rollover or conversion of an amount from an IRA or eligible retirement plan cannot be recharacterized back to an IRA.
Special rules apply for Roth IRAs that have proceeds received from an individual retirement plan prior to January 1, 1999 if the owner elected the special four-year income averaging provisions that were in effect for 1998.
If the contract owner dies before the contract is completely
distributed, the balance will be included in the contract owner’s gross estate for tax purposes.
10% Additional Tax for Early Withdrawal
If distributions of income from an IRA, SEP IRA, Simple IRA, or Roth IRA are made prior to the date that the owner attains
the age of 59½ years, the income is subject to an additional penalty tax of 10% unless an exception applies. (For Simple IRAs, the 10% penalty is increased to 25% if the distribution is made during the 2-year period beginning on the date that
the individual first participated in the Simple IRA.) The 10% penalty tax can be avoided if the distribution is:
•
made to a beneficiary on or after the death of the owner;
•
attributable to the owner becoming disabled (as defined in the Code);
•
part of a series of substantially equal periodic payments made not less frequently than
annually for the life (or life expectancy) of the owner, or the joint lives (or joint life expectancies) of the owner and his or her designated beneficiary. Substantially equal periodic payments must continue until the later of reaching age 59½ or five years from
the date of the first periodic payment. Modification of payments during that time period will result in retroactive application of the 10% additional penalty tax;
•
used for qualified higher education expenses; or
•
used for expenses attributable to the purchase of a home for a qualified first-time buyer.
Non-Qualified Contracts
Non-Qualified Contracts - Natural Persons as Contract Owners
Generally, the income earned inside a non-qualified annuity contract
that is owned by a natural person is not taxable until it is distributed from the contract.
Distributions before the annuitization date are taxable to the contract
owner to the extent that the cash value of the contract exceeds the investment in the contract at the time of the distribution. In general, the investment in the contract is
equal to the purchase payments made with after-tax dollars reduced by any prior nontaxable distribution. Distributions, for this purpose, include full and partial surrenders, any portion of the contract that is assigned or pledged as collateral for a
loan, amounts borrowed from the contract, or any portion of the contract that is transferred by gift. For these purposes, a transfer by gift may occur upon annuitization if the contract owner and the annuitant are not the same individual.
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In determining the taxable amount of a
distribution that is made prior to the annuitization date, all annuity contracts issued after October 21, 1988 by the same company to the same contract owner during the same
calendar year will be treated as one annuity contract.
A special rule applies to distributions from contracts that have investments in the contract
that were made prior to August 14, 1982. For those contracts, distributions that are made prior to the annuitization date are treated first as the nontaxable recovery of the investment in the contract as of that date. A distribution in excess of the amount of the investment in the
contract as of August 14, 1982, will be treated as taxable income.
With respect to annuity distributions on or after the annuitization date, a portion of each
annuity payment is excludable from taxable income. The amount excludable from each annuity payment is determined by multiplying the annuity payment by a fraction which is equal to the contract owner’s investment in the contract, divided by the expected return on the contract. Once the entire investment in the contract is recovered, all distributions are fully includable in income. The
maximum amount excludable from income is the investment in the contract. If the annuitant dies before the entire
investment in the contract has been excluded from income, and as a result of the annuitant's death no more payments are due under the contract, then the unrecovered investment in the contract may be deducted on his or her final tax return.
The Code provides that a portion of a non-qualified annuity contract may be annuitized for either (a) a period of 10 years or greater, or (b) for the life or lives of one or more persons. The portion of the contract annuitized would be treated as if it were a separate annuity contract. This means that an annuitization date can be established for a portion of the annuity
contract annuitized and the above description of the taxation of annuity distributions after the annuitization date would apply to the portion of the contract that has been annuitized. The investment in the contract is required to be allocated pro
rata between the portion of the contract that is annuitized and the portion that is not. All other benefits under the contract (e.g., death benefit) would also be reduced pro rata. For example, if 1/3 of the cash value of the contract were to be
annuitized, the death benefit would also be reduced by 1/3.
The Code imposes a penalty tax if a distribution is made before the contract owner reaches
age 59½. The amount of the penalty is 10% of the portion of any distribution that is includable in gross income. The penalty tax does not apply if the distribution is:
•
the result of a contract owner’s death;
•
the result of a contract owner’s disability (as defined in the Code);
•
one of a series of substantially equal periodic payments made over the life (or life
expectancy) of the contract owner or the joint lives (or joint life expectancies) of the contract owner and the beneficiary selected by the contract owner to receive payment under the annuity payment option selected by the contract owner. Substantially equal
periodic payments must continue until the later of reaching age 59½ or five years. Modification of payments during that time period will result in retroactive application of
the 10% additional penalty tax; or
•
is allocable to an investment in the contract before August 14, 1982.
If the contract owner dies before
the contract is completely distributed, the balance will be included in the contract owner’s gross estate for tax purposes.
Non-Qualified Contracts - Non-Natural Persons as Contract Owners
The previous discussion related to the taxation of non-qualified contracts owned by natural persons (individuals). Different
rules (the so-called "non-natural persons" rules) apply if the contract owner is not a natural person.
Generally, contracts owned by corporations, partnerships, trusts, and similar entities are not treated as annuity contracts for most purposes of the Code. Therefore, income earned under a non-qualified contract that is owned by a non-natural person
is taxed as ordinary income during the taxable year in which it is earned. Taxation is not deferred, even if the income is not distributed out of the contract. The income is
taxable as ordinary income, not capital gain.
The non-natural persons rules do not apply to all entity-owned contracts. For purposes of the non-natural persons rule, a
contract that is owned by a non-natural person as an agent of an individual is treated as owned by the individual. This would allow the contract to be treated as an annuity under the Code, allowing tax deferral. However, this exception does not
apply when the non-natural person is an employer that holds the contract under a non-qualified deferred compensation arrangement for one or more employees.
The non-natural persons rules also do not apply to contracts that are:
•
acquired by the estate of a decedent by reason of the death of the decedent;
98
•
issued in connection with certain qualified retirement plans and individual retirement plans;
•
purchased by an employer upon the termination of certain qualified retirement plans; or
•
immediate annuities within the meaning of Section 72(u) of the Code.
If the annuitant, who is the
individual treated as owning the contract, dies before the contract is completely distributed, the balance may be included in the annuitant’s gross estate for tax purposes,
depending on the obligations that the non-natural owner may have owed to the annuitant.
Diversification and Investor Control
Code Section 817(h) contains rules on diversification requirements for variable annuity contracts. A variable annuity
contract that does not meet these diversification requirements will not be treated as an annuity, unless:
•
the failure to diversify was inadvertent;
•
the failure is corrected; and
•
a fine is paid to the Internal Revenue Service.
The amount of the fine will be the amount of tax that would have been paid by the contract owner if the income, for the
period the contract was not diversified, had been received by the contract owner.
If the violation is not corrected, the contract owner will be considered
the owner of the underlying securities and will be currently taxed on the earnings of his or her contract. Nationwide believes that the investments underlying this contract meet these diversification requirements.
For a variable contract to receive favorable tax treatment, the life insurance company must
be considered the owner of the underlying assets within the separate account that supports the investment options within the contract. If the contract owner is considered to exercise investment control over the separate account assets, the contract owner will be treated as
the owner of those assets and not the insurance company. As a result, the income and gain attributed to the separate account assets will be taxed currently to the contract owner. The IRS has issued guidance that the number of investment
options available or the number of transfer opportunities available under a variable product may be relevant in determining whether the variable contract owner will be considered the owner of the separate account assets. Should the Treasury
Secretary issue additional rules or regulations that would limit the extent to which a contract owner may direct their investments of particular underlying investment options without being treated as owner of the separate account assets, then
Nationwide will take whatever steps are available to remain in compliance.
Based on the above, we believe that the contract qualifies as an annuity contract for federal income tax purposes.
Exchanges
As a general rule, federal income tax law treats an exchange of property in the same manner as a taxable sale of the
property. However, pursuant to Section 1035 of the Code, an annuity contract may be exchanged tax-free for another annuity contract. If the exchange includes the receipt of other property, such as cash, in addition to another annuity
contract, special rules may cause a portion of the transaction to be taxable to the extent of the value of the other property.
Tax Treatment of a Partial 1035 Exchange With Subsequent Withdrawal
Partial exchanges may be treated as a tax-free exchange under Code
Section 1035. IRS Rev. Proc. 2011-38 addresses the income tax consequences of the direct transfer of a portion of the cash value of an annuity contract in exchange for the issuance of a second annuity contract (a partial exchange). A direct transfer that satisfies the revenue procedure will
be treated as a tax-free exchange under Section 1035 of the Code if, for a period of at least 180 days from the date of the direct transfer, there are no distributions or surrenders from either annuity contract involved in the exchange. In addition,
the 180-day period will be deemed to have been satisfied with respect to amounts received as an annuity for a period of 10 years or more, or as an annuity for the life of one or more persons. The taxation of distributions (other than
distributions described in the immediately preceding sentence) received from either contract within the 180-day period will be determined using general tax principles. For example, they could be treated as taxable "boot" in an otherwise tax-free
exchange, or as a distribution from the new contract. Please discuss any tax consequences concerning any contemplated or completed transactions with a professional tax advisor.
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Additional
Medicare Tax
Section 1411 of the Code imposes a surtax of 3.8% on certain net investment income received by individuals and certain
trusts and estates. The surtax is imposed on the lesser of (a) net investment income or (b) the excess of the modified adjusted gross income over a threshold amount. For individuals, the threshold amount is $250,000 (married filing jointly);
$125,000 (married filing separately); or $200,000 (other individuals). The threshold for estates and trusts is
$16,000.
Modified adjusted gross income is equal to adjusted gross income with several
modifications; consult with a qualified tax advisor regarding how to determine modified adjusted gross income for purposes of determining the applicability of the surtax.
Net investment income includes, but is not limited to, interest, dividends, capital gains, rent and royalty income, and income from nonqualified annuities. Net investment income does not include, among other things, distributions from certain
qualified plans (such as IRAs, Roth IRAs, and plans described in Code Sections 401(a), 401(k), 403(a), 403(b) or 457(b)); however, such distributions, to the extent that they are
includible in income for federal income tax purposes, are includible in modified adjusted gross income.
Required Distributions
The Code requires that certain distributions be made from the contracts issued in conjunction
with this prospectus. Following is an overview of the required distribution rules applicable to each type of contract. Consult a qualified tax or financial professional for more specific required distribution information.
If the Contract Owner purchases the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus
Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max, withdrawals in excess of the annual benefit amount may be required to satisfy
the minimum distribution requirements under the Code. Consult a qualified tax adviser.
Required Distributions – General Information
In general, depending on the type of contract, the Code requires that minimum distributions begin during the contract
owner’s lifetime. In addition, the Code requires that upon the death of the contract owner, minimum distributions must be made to the contract owner’s beneficiary. A beneficiary is an individual or other entity that the contract owner designates to receive death proceeds upon the contract owner’s death. The distribution rules in the Code make a distinction between
"beneficiary" and "designated beneficiary" when determining the life expectancy that may be used for payments that are made after the death of the contract owner from IRAs, SEP IRAs, Simple IRAs, Roth IRAs, Tax Sheltered Annuities, and
non-qualified annuity contracts. A designated beneficiary is a natural person (individual) who is designated by the contract owner as the beneficiary under the contract. Non-natural beneficiaries (e.g. charities, estates, or certain trusts) are not
designated beneficiaries for the purpose of required distributions and the life expectancy of such a beneficiary is zero.
Life expectancies and joint life expectancies will be determined in accordance with the relevant guidance provided by the Internal Revenue Service and the Treasury Department, including but not limited to Treasury Regulation 1.72-9 and Treasury
Regulation 1.401(a)(9)-9.
Required distributions paid upon the death of the contract owner are paid to the beneficiary or beneficiaries stipulated by
the contract owner. How quickly the distributions must be made may be determined with respect to the life expectancies of the beneficiaries. For non-qualified contracts, the beneficiaries used in the determination of the distribution period are
those in effect on the date of the contract owner’s death. For contracts other than non-qualified contracts, the beneficiaries used in the determination of the distribution period do not have to be determined until September 30 of the year following
the contract owner’s death. Any beneficiary that is not a designated beneficiary has a life expectancy of zero.
Required Distributions for Non-Qualified Contracts
Code Section 72(s) requires Nationwide to make certain minimum distributions when a contract owner dies. The following
distributions will be made in accordance with the following requirements:
(1)
If any contract owner dies on or after the annuitization date and before the entire interest in
the contract has been distributed, then the remaining interest must be distributed at least as rapidly as the distribution method in effect on the contract owner's death.
(2)
If any contract owner dies before the annuitization date, then the entire interest in the
contract (consisting of either the death benefit or the contract value reduced by charges set forth elsewhere in the contract) must be distributed within five years of the contract owner’s death, provided however:
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(a)
any interest payable
to or for the benefit of a designated beneficiary may be distributed over the life of the designated beneficiary or over a period not longer than the life expectancy of the
designated beneficiary. Payments must begin within one year of the contract owner's death unless otherwise permitted by federal income tax regulations; and
(b)
if the designated beneficiary is the surviving spouse of the deceased contract owner, the
spouse can choose to become the contract owner instead of receiving a death benefit. Any distributions required under these distribution rules will be made upon that spouse’s death.
In the event that the contract
owner is not a natural person (e.g., a trust or corporation), but is acting as an agent for a natural person, for purposes of these distribution provisions:
(a)
the death of the annuitant will be treated as the death of a contract owner;
(b)
any change of annuitant will be treated as the death of a contract owner; and
(c)
in either case, the appropriate distribution will be made upon the death or change, as the case
may be.
These distribution provisions do not apply to any contract exempt from Section 72(s) of the Code by reason of Section 72(s)(5) or any other law or rule.
The Code does not require that minimum distributions during the contract owner’s
lifetime.
Required Distributions for
IRAs, SEP IRAs, Simple IRAs, and Roth IRAs
Required Distributions During the Life of the Contract Owner
Distributions must begin no later than the required beginning date which is April 1 of the calendar year following the
calendar year in which the contract owner reaches their applicable age. The applicable age is:
| If the individual was born… |
The applicable age is… |
| Before July 1, 1949 |
70½ |
| After
June 30, 1949 and before 1951 |
72 |
| After
1950 and before 1960 |
73 |
| After
1959 |
75 |
Distributions may be paid in a lump sum or in substantially equal payments over:
(a)
the life of the contract owner or the joint lives of the contract owner and the contract
owner's designated beneficiary; or
(b)
a period not longer
than the period determined under the table in Treasury Regulation 1.401(a)(9)-9, which is the deemed joint life expectancy of the contract owner and a person 10 years younger than
the contract owner. If the designated beneficiary is the spouse of the contract owner, the period may not exceed the longer of the period determined under such table or the joint life expectancy of the contract owner and the contract owner's spouse, determined
in accordance with Treasury Regulation 1.401(a)(9)-9.
For IRAs, SEP IRAs, and Simple IRAs, required distributions do not have to be withdrawn
from this contract if they are being withdrawn from another IRA, SEP IRA, or Simple IRA of the contract owner.
If the contract owner's entire interest in the IRA, SEP IRA, or Simple IRA will be distributed in equal or substantially equal
payments over a period described in (a) or (b) above, the payments must begin on or before the required beginning date. The required beginning date is April 1 of the calendar year following the calendar year in which the contract owner reaches
age 70½ (age 72 for those contract owners who turn age 70½ on or after January 1, 2020). The rules for Roth IRAs do not require distributions to begin during the contract
owner's lifetime, therefore, the required beginning date is not applicable to Roth IRAs.
Required Distributions Upon Death of a Contract
Owner
For death of a contract owner before January 1, 2020, please consult your tax advisor or legal counsel regarding the
post-death minimum distribution rules that apply. If the contract owner dies on or after January 1, 2020, and the designated beneficiary is not an eligible designated beneficiary as defined under Code Section 401(a)(9), then the entire balance of
the contract must be distributed by December 31st of the tenth year following the contract owner’s death. This 10-year post-death distribution period applies
regardless of whether the contract owner dies before or after the contract owner’s required beginning date. Where a contract owner dies after their required beginning date, a
designated beneficiary who is
101
not an eligible designated beneficiary must
continue to take annual distributions during the 10-year post-death distribution period, based generally on their life expectancy, with the entire balance of the contract required
to be distributed by the end of the 10-year post-death period. Please discuss with your tax advisor about the impact this may have on your situation.
In the case of an eligible designated beneficiary, which includes (1) the contract owner’s surviving spouse, (2) a minor child of the contract owner, (3) a disabled individual, (4) a chronically ill individual, or (5) an individual not more than 10 years younger than the contract owner, the entire balance of the contract can be distributed over a period not exceeding the
life or life expectancy of the eligible designated beneficiary provided that distributions begin by December 31st of
the calendar year after the calendar year of the contract owner’s death. If an eligible designated
beneficiary dies before the entire interest is distributed, the remaining interest must be distributed by December 31st of the tenth year following the eligible designated beneficiary’s death.
A distribution in the form of annuity payments (an annuitization) that began on or after
January 1, 2020 while the contract owner was alive may need to be commuted or modified after the contract owner’s death in order to comply with the post-death distribution requirements. However, distributions in the form of annuity payments (an annuitization) that began prior to
January 1, 2020, while the contract owner was alive, can continue under that method after the death the contract owner without modification.
In addition, a beneficiary who is not an eligible designated beneficiary or a designated beneficiary must withdraw the entire account balance by December 31st of the fifth year following the contract owner’s death.
Regardless of whether the contract owner dies before, or on or after January 1, 2020, a
designated beneficiary who is the surviving spouse of the deceased contract owner may choose to become the contract owner. Any distributions required under these distribution rules will be made upon that spouse’s death.
Purchasers and prospective purchasers should consult a financial professional, tax advisor or
legal counsel to discuss the taxation and use of the contracts.
If distribution requirements are not met, a penalty tax of 25% is levied on the difference
between the amount that should have been distributed for that year and the amount that actually was distributed for that year. The penalty tax is reduced to 10% if the required distribution not taken is distributed within a "correction window" as defined under the Code.
For IRAs, SEP IRAs, and Simple IRAs, all or a portion of each distribution will be included in the recipient's gross income and taxed as ordinary income tax rates. The portion of a distribution that is taxable is based on the ratio between the
amount by which non-deductible purchase payments exceed prior non-taxable distributions and total account balances at the time of the distribution. The owner of an IRA, SEP IRA, or Simple IRA must annually report the amount of non-deductible
purchase payments, the amount of any distribution, the amount by which non-deductible purchase payments for all years exceed non taxable distributions for all years, and the total
balance of all IRAs, SEP IRAs, or Simple IRAs.
Distributions from Roth IRAs may be either taxable or nontaxable, depending upon whether they are "qualified distributions"
or "non-qualified distributions."
Other
Considerations
Taxation of Lifetime
Withdrawals Under the Nationwide Lifetime Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider
Plus Accelerated, or Nationwide Lifetime Income Rider Plus Max
While the tax treatment for withdrawals for benefits such as Nationwide Lifetime Income Rider Plus Empire, Nationwide
Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, or Nationwide Lifetime Income
Rider Plus Max is not clear under federal tax law, Nationwide intends to treat withdrawals under these options as taxable to the extent that the cash value of the contract exceeds the contract owner's investment in the contract at the time of the
withdrawal. Specifically, Nationwide intends to treat the following amount of each withdrawal as a taxable distribution:
| The greater of: | |
| (1) |
A–C; or |
| (2) |
B–C, |
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Where:
| A |
= |
the contract value immediately before the withdrawal; |
| B |
= |
the guaranteed annual benefit amount immediately before the withdrawal; and |
| C |
= |
the remaining investment in the contract. |
In certain circumstances, this treatment could result in the contract value being less than the investment in the contract after such a withdrawal. If the Contract Owner subsequently takes withdrawals from the contract under such circumstances,
the Contract Owner would have a loss that may be deductible. If the Contract Owner purchases one of these options in an IRA, withdrawals in excess of the annual benefit amount may
be required to satisfy the minimum distribution requirements under the Code. Consult a qualified tax adviser.
Same-Sex Marriages, Domestic Partnership, and Other
Similar Relationships
The Treasury issued final regulations that address what relationships are considered marriages for federal tax purposes. The final regulation’s definition of a marriage reflects the United States Supreme Court holdings in Windsor and
Obergefell, as well as Rev. Proc. 2017-13.
The final regulations define the terms "spouse," "husband," "wife," and "husband and wife" to
be gender neutral so that these terms can apply equally to same sex couples and opposite sex couples. In addition, the regulations adopt the "place of celebration" rule to determine marital status for federal tax purposes. Therefore, a marriage of two individuals is
recognized for federal tax purposes if the marriage is recognized by a state, possession, or territory of the US in which the marriage was entered into, regardless of the couple’s place of domicile.
Consistent with IRS Rev. Proc. 2013-17, the final regulations provide that relationships
entered into as civil unions or registered domestic partnerships that are not denominated as marriages under state law are not marriages for federal tax purposes. Therefore, the favorable income-tax deferral options afforded by federal tax law to a married spouse under Code
Sections 72 and 401(a)(9) are not available to individuals who have entered into these formal relationships.
Withholding
The taxable portion of a distribution from a contract is subject to federal income tax.
Nationwide is required to withhold the tax from the distributions unless the contract owner requests otherwise. Under some circumstances, the Code will not permit contract owners to waive withholding. Such circumstances include:
•
if the payee does not provide Nationwide with a taxpayer identification number; or
•
if Nationwide receives notice from the Internal Revenue Service that the taxpayer
identification number furnished by the payee is incorrect.
If a contract owner is prohibited
from waiving withholding, as described above, the portion of the distribution that represents income will be subject to withholding rates established by Section 3405 of the
Code.
If the distribution is from a Tax Sheltered Annuity, it will be subject to mandatory 20% withholding that cannot be waived,
unless:
•
the distribution is made directly to another Tax Sheltered Annuity, qualified pension or
profit-sharing plan described in Section 401(a), an eligible deferred compensation plan described in Section 457(b) which is maintained by an eligible employer described in section 457(e)(1)(A) or individual retirement plan; or
•
the distribution satisfies the minimum distribution requirements imposed by the Code.
Non-Resident Aliens
Generally, the taxable portion of a distribution from a contract to a non-resident alien is subject to federal income tax at a
rate of 30% of the amount of income that is distributed.
Nationwide is required to withhold this amount and send it to the Internal Revenue Service.
Some distributions to non-resident aliens may be subject to a lower (or no) tax if a treaty applies. In order to obtain the benefits of such a treaty, the non-resident alien must:
(1)
provide Nationwide with a properly completed withholding certificate claiming the treaty
benefit of a lower tax rate or exemption from tax; and
(2)
provide Nationwide
with an individual taxpayer identification number.
If the non-resident alien does not meet the above conditions, Nationwide will withhold 30% of
income from the distribution.
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Another exemption from the 30% withholding rate is
available if the non-resident alien provides Nationwide with sufficient evidence that:
(1)
the distribution is connected to the non-resident alien’s conduct of business in the
United States;
(2)
the distribution is includable in the non-resident alien’s gross income for United States
federal income tax purposes; and
(3)
provide Nationwide
with a properly completed withholding certificate claiming the exemption.
Note that for the preceding exemption, the distributions would be subject to the same
withholding rules that are applicable to payments to United States persons.
This prospectus does not address any tax matters that may arise by reason of
application of the laws of a non-resident alien’s country of citizenship and/or country of residence. Purchasers and prospective purchasers should consult a financial professional, tax advisor or legal counsel to discuss the applicability of laws of those jurisdictions to the purchase or ownership of a contract.
FATCA
Under Sections 1471 through 1474 of the Internal Revenue Code (commonly referred to as FATCA), distributions from a contract
to a foreign financial institution or to a nonfinancial foreign entity, each as described by FATCA, may be subject to United States tax withholding at a flat rate equal to 30% of
the taxable amount of the distribution, irrespective of the status of any beneficial owner of the contract or of the distribution. Nationwide may require a contract owner to
provide certain information or documentation (e.g., Form W-9 or Form W-8BEN) to determine its withholding requirements under FATCA.
Federal Estate, Gift and Generation Skipping Transfer Taxes
The following transfers may be considered a gift for federal gift tax purposes:
•
a transfer of the contract from one contract owner to another; or
•
a distribution to someone other than a contract owner.
Upon the contract owner’s death, the value of the contract may be subject to estate taxes, even if all or a portion of the value is also subject to federal income taxes.
Section 2612 of the Code may require Nationwide to determine whether a death benefit or other
distribution is a "direct skip" and the amount of the resulting generation skipping transfer tax, if any. A direct skip is when property is transferred to, or a death benefit or other distribution is made to:
(a)
an individual who is two or more generations younger than the contract owner; or
(b)
certain trusts, as described in Section 2613 of the Code (generally, trusts that have no
beneficiaries who are not two or more generations younger than the contract owner).
If the
contract owner is not an individual, then for this purpose only, "contract owner" refers to any person:
•
who would be required to include the contract, death benefit, distribution, or other payment
in his or her federal gross estate at his or her death; or
•
who is required to report the transfer of the contract, death benefit, distribution, or other payment for federal gift tax
purposes.
If a payment is subject to the generation skipping transfer tax, Nationwide may be required to deduct the amount of the transfer tax from the death benefit, distribution or other payment, and remit it directly to the Internal Revenue Service.
Charge for Tax
Nationwide is not required to maintain a capital gain reserve liability on non-qualified contracts. If tax laws change
requiring a reserve, Nationwide may implement and adjust a tax charge.
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State Taxation
The tax rules across the various states and localities are not uniform and therefore are not discussed in this prospectus.
Tax rules that may apply to contracts issued in U.S. territories such as Puerto Rico and Guam are also not discussed. Purchasers and prospective purchasers should consult a financial professional, tax advisor or legal counsel to discuss the
taxation and use of the contracts.
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Appendix C: Historical Rates,
Periods, and Percentages
This Appendix provides historical information related to the:
•
Roll-up Interest Rate, Roll-up Crediting Period, and Lifetime Withdrawal Percentages for the
Nationwide Lifetime Income Rider Plus Empire and Joint Option for the Nationwide Lifetime Income Rider Plus Empire.
•
Roll-up Interest Rate for the Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime
Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max;
•
Roll-up Crediting Period for the Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus
Accelerated, and Nationwide Lifetime Income Rider Plus Max; and
•
Lifetime Withdrawal Percentages for the Nationwide Lifetime Income Rider Plus Core and Joint
Option for the Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated and Joint Option for the Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max and Joint
Option for the Nationwide Lifetime Income Rider Plus Max.
Note: For contracts issued on or after October 16, 2023, as described in the Rate Sheet
Supplement, in the event of an intervening Rate Sheet Supplement that increased the applicable Roll-up Interest Rate and/or Lifetime Withdrawal Percentages after the date the application was signed, the new Rate Sheet Supplement in effect on the date the contract was
issued may have been applied to the contract. Refer to your contract for the Roll-up Interest Rate, Roll-up Crediting Period, and/or Lifetime Withdrawal Percentages that are
applicable to your contract, or contact Nationwide's Service Center.
Nationwide Lifetime Income Rider Plus Empire and Joint Option for the
Nationwide Lifetime Income Rider Plus Empire
For contracts with applications signed on or after January 29, 2024 and before October
4, 2024:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 6% |
10 Years |
| Contract Owner's Age
(at the time of the first
Lifetime Withdrawal) |
Nationwide Lifetime Income Rider Plus Empire's
Lifetime Withdrawal Percentages* |
Joint Option for the
Nationwide Lifetime Income Rider Plus Emprie's
Lifetime Withdrawal Percentages* |
| 50 through 54 |
3.50% |
3.05% |
| 55 through 59 |
4.00% |
3.55% |
| 60 through 64 |
4.50% |
4.00% |
| 65 through 69 |
5.80% |
5.30% |
| 70 through 74 |
6.25% |
5.75% |
| 75 through 79 |
6.75% |
6.25% |
| 80 through 84 |
7.40% |
6.90% |
| 85 through 89 |
8.15% |
7.65% |
| 90 through 94 |
9.15% |
8.65% |
| 95 and older |
10.45% |
9.95% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 95.
For contracts with applications signed on or after October 16, 2023 and before January 29,
2024:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 6% |
10 Years |
106
| Contract Owner's Age
(at the time of the first
Lifetime Withdrawal) |
Nationwide Lifetime Income Rider Plus Empire's
Lifetime Withdrawal Percentages* |
Joint Option for the
Nationwide Lifetime Income Rider Plus Emprie's
Lifetime Withdrawal Percentages* |
| 50 through 54 |
3.50% |
3.10% |
| 55 through 59 |
3.65% |
3.25% |
| 60 through 64 |
4.40% |
4.00% |
| 65 through 69 |
5.35% |
4.95% |
| 70 through 74 |
5.75% |
5.35% |
| 75 through 79 |
6.25% |
5.85% |
| 80 through 84 |
6.85% |
6.45% |
| 85 through 89 |
7.55% |
7.15% |
| 90 through 94 |
8.50% |
8.10% |
| 95 and older |
9.75% |
9.35% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 95.
Nationwide Lifetime Income Rider Plus Core and Joint Option for the Nationwide Lifetime Income Rider Plus Core
For contracts with applications signed on or after January 30, 2023 and before October 16,
2023:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 7% |
10 Years |
| Contract Owner's Age
(at the time of the first
Lifetime Withdrawal) |
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
Joint Option for the
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
| 50 up to 59½ |
3.50% |
3.20% |
| 59½ through 64 |
4.55% |
4.25% |
| 65 through 69 |
5.50% |
5.20% |
| 70 through 74 |
5.90% |
5.60% |
| 75 through 80 |
6.15% |
5.85% |
| 81 and older |
6.55% |
6.25% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
For contracts with applications signed on or after June 13, 2022 and before January 30, 2023:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 6% |
10 Years |
| Contract Owner's Age
(at the time of the first
Lifetime Withdrawal) |
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
Joint Option for the
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
| 50 up to 59½ |
3.30% |
2.80% |
| 59½ through 64 |
4.30% |
3.80% |
107
| Contract Owner's Age
(at the time of the first
Lifetime Withdrawal) |
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
Joint Option for the
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
| 65 through 69 |
5.50% |
5.00% |
| 70 through 74 |
5.60% |
5.10% |
| 75 through 80 |
5.70% |
5.20% |
| 81 and older |
6.30% |
5.80% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
For contracts with applications signed on or after June 14, 2021 and before June 13, 2022:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 5% |
10 Years |
| Contract Owner's Age
(at the time of the first
Lifetime Withdrawal) |
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
Joint Option for the
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
| 50 up to 59½ |
3.30% |
2.80% |
| 59½ through 64 |
4.30% |
3.80% |
| 65 through 69 |
5.15% |
4.65% |
| 70 through 74 |
5.25% |
4.75% |
| 75 through 80 |
5.50% |
5.00% |
| 81 and older |
6.30% |
5.80% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
For contracts with applications signed on or after November 2, 2020 and before June 14, 2021:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 5.25% |
10 Years |
| Contract Owner's Age
(at the time of the first
Lifetime Withdrawal) |
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
Joint Option for the
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
| 50 up to 59½ |
3.00% |
2.75% |
| 59½ through 64 |
4.00% |
3.75% |
| 65 through 69 |
5.35% |
5.10% |
| 70 through 74 |
5.50% |
5.25% |
| 75 through 80 |
5.75% |
5.50% |
| 81 and older |
6.30% |
6.05% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
108
For contracts with applications signed on or after
June 1, 2020 and before November 2, 2020:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 5% |
10 Years |
| Contract Owner's Age
(at the time of the first
Lifetime Withdrawal) |
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
Joint Option for the
Nationwide Lifetime Income Rider Plus Core's
Lifetime Withdrawal Percentages* |
| 50 up to 59½ |
3.30% |
3.05% |
| 59½ through 64 |
4.30% |
4.05% |
| 65 through 69 |
5.15% |
4.90% |
| 70 through 74 |
5.25% |
5.00% |
| 75 through 80 |
5.75% |
5.50% |
| 81 and older |
6.30% |
6.05% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
Nationwide Lifetime Income Rider Plus Accelerated and Joint Option for the Nationwide Lifetime Income Rider Plus Accelerated
For contracts with applications signed on or after January 30, 2023 and before October 16,
2023:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 7% |
10 Years |
| |
Nationwide Lifetime Income Rider Plus Accelerated's
Lifetime Withdrawal Percentages* |
Joint Option for the Nationwide Lifetime Income Rider
Plus Accelerated's Lifetime Withdrawal Percentages* | ||
| Contract Owner's
Age (at the time of
the first Lifetime
Withdrawal) |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
| 50 up to 59½ |
4.40% |
3.00% |
4.10% |
3.00% |
| 59½ through 64 |
5.40% |
3.00% |
5.10% |
3.00% |
| 65 through 69 |
6.85% |
4.25% |
6.55% |
4.00% |
| 70 through 74 |
7.20% |
4.25% |
6.90% |
4.00% |
| 75 through 80 |
7.40% |
4.25% |
7.10% |
4.00% |
| 81 and older |
7.65% |
4.25% |
7.35% |
4.00% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
For contracts with applications signed on or after June 13, 2022 and before January 30, 2023:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 6% |
10 Years |
109
| |
Nationwide Lifetime Income Rider Plus Accelerated's
Lifetime Withdrawal Percentages* |
Joint Option for the Nationwide Lifetime Income Rider
Plus Accelerated's Lifetime Withdrawal Percentages* | ||
| Contract Owner's
Age (at the time of
the first Lifetime
Withdrawal) |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
| 50 up to 59½ |
4.00% |
3.00% |
3.75% |
3.00% |
| 59½ through 64 |
5.00% |
3.00% |
4.75% |
3.00% |
| 65 through 69 |
6.50% |
4.00% |
6.25% |
4.00% |
| 70 through 74 |
6.75% |
4.00% |
6.50% |
4.00% |
| 75 through 80 |
7.00% |
4.00% |
6.75% |
4.00% |
| 81 and older |
7.00% |
4.00% |
6.75% |
4.00% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
For contracts with applications signed on or after June 1, 2020 and before June 13, 2022:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 5% |
10 Years |
| |
Nationwide Lifetime Income Rider Plus Accelerated's
Lifetime Withdrawal Percentages* |
Joint Option for the Nationwide Lifetime Income Rider
Plus Accelerated's Lifetime Withdrawal Percentages* | ||
| Contract Owner's
Age (at the time of
the first Lifetime
Withdrawal) |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
| 50 up to 59½ |
4.00% |
3.00% |
3.75% |
3.00% |
| 59½ through 64 |
5.00% |
3.00% |
4.75% |
3.00% |
| 65 through 69 |
6.25% |
4.00% |
6.00% |
4.00% |
| 70 through 74 |
6.50% |
4.00% |
6.25% |
4.00% |
| 75 through 80 |
6.75% |
4.00% |
6.50% |
4.00% |
| 81 and older |
6.75% |
4.00% |
6.50% |
4.00% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
Nationwide Lifetime Income Rider Plus Max and Joint Option for the Nationwide Lifetime Income Rider Plus Max
For contracts with applications signed on or after January 30, 2023 and before October 16,
2023:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 7% |
10 Years |
| |
Nationwide Lifetime Income Rider Plus Max's Lifetime
Withdrawal Percentages* |
Joint Option for the Nationwide Lifetime Income Rider
Plus Max's Lifetime Withdrawal Percentages* | ||
| Contract Owner's
Age (at the time of
the first Lifetime
Withdrawal) |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
Contract Value
Greater Than $0 |
Once Contract Value Reaches $0 |
110
| |
Nationwide Lifetime Income Rider Plus Max's Lifetime
Withdrawal Percentages* |
Joint Option for the Nationwide Lifetime Income Rider
Plus Max's Lifetime Withdrawal Percentages* | ||
| 50 up to 59½ |
4.40% |
3.00% |
4.10% |
3.00% |
| 59½ through 64 |
5.40% |
3.00% |
5.10% |
3.00% |
| 65 through 69 |
8.00% |
3.25% |
7.70% |
3.00% |
| 70 through 74 |
8.25% |
3.25% |
7.95% |
3.00% |
| 75 through 80 |
8.50% |
3.25% |
8.20% |
3.00% |
| 81 and older |
8.50% |
3.25% |
8.25% |
3.00% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
For contracts with applications signed on or after June 13, 2022 and before January 30, 2023:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 7% |
10 Years |
| |
Nationwide Lifetime Income Rider Plus Max's Lifetime
Withdrawal Percentages* |
Joint Option for the Nationwide Lifetime Income Rider
Plus Max's Lifetime Withdrawal Percentages* | ||
| Contract Owner's
Age (at the time of
the first Lifetime
Withdrawal) |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
| 50 up to 59½ |
4.00% |
3.00% |
3.75% |
3.00% |
| 59½ through 64 |
5.00% |
3.00% |
4.75% |
3.00% |
| 65 through 69 |
7.50% |
3.00% |
7.25% |
3.00% |
| 70 through 74 |
8.00% |
3.00% |
7.75% |
3.00% |
| 75 through 80 |
8.00% |
3.00% |
7.75% |
3.00% |
| 81 and older |
8.00% |
3.00% |
7.75% |
3.00% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
For contracts with applications signed on or after June 1, 2020 and before June 13, 2022:
| Roll-up Interest Rate |
Roll-up Crediting Period |
| 5% |
10 Years |
| |
Nationwide Lifetime Income Rider Plus Max's Lifetime
Withdrawal Percentages* |
Joint Option for the Nationwide Lifetime Income Rider
Plus Max's Lifetime Withdrawal Percentages* | ||
| Contract Owner's
Age (at the time of
the first Lifetime
Withdrawal) |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
Contract Value
Greater Than $0 |
Once Contract Value
Reaches $0 |
| 50 up to 59½ |
4.00% |
3.00% |
3.75% |
3.00% |
| 59½ through 64 |
5.00% |
3.00% |
4.75% |
3.00% |
| 65 through 69 |
7.50% |
3.00% |
7.25% |
3.00% |
| 70 through 74 |
8.00% |
3.00% |
7.75% |
3.00% |
| 75 through 80 |
8.00% |
3.00% |
7.75% |
3.00% |
111
| |
Nationwide Lifetime Income Rider Plus Max's Lifetime
Withdrawal Percentages* |
Joint Option for the Nationwide Lifetime Income Rider
Plus Max's Lifetime Withdrawal Percentages* | ||
| 81 and older |
8.00% |
3.00% |
7.75% |
3.00% |
*The Lifetime Withdrawal Percentage is determined based on the age of the Contract Owner at the time of the first Lifetime Withdrawal, or if the Joint Option is elected, the age of the younger spouse at the time of the first Lifetime Withdrawal. A Contract Owner will receive the greatest Lifetime Withdrawal Percentage only if he or she does not take a Lifetime Withdrawal prior to age 81.
112
Appendix D: Highest Anniversary
Value Death Benefit Option Example
The purpose of this example is to show the calculations used to determine the death benefit if the Highest Anniversary Value
Death Benefit Option is elected. The calculation assumes that the Annuitant dies before the Annuitization Date and that the total of all purchase payments made to the contract is
less than $3,000,000. The death benefit will be the greatest of:
(1)
the Contract Value;
(2)
the total of all purchase payments, less an adjustment for amounts withdrawn; or
(3)
the highest Contract Value on any Contract Anniversary prior to the Annuitant's 86th birthday,
less an adjustment for amounts subsequently withdrawn, plus purchase payments received after that Contract Anniversary.
Any adjustment for amounts withdrawn will reduce the applicable factor above in the same proportion that the Contract Value
was reduced on the date(s) of the partial withdrawal(s).
Contract History
| Date |
Event/Transaction Type |
Transaction Amount |
Contract Value* |
| 01-01-1986 |
Initial Purchase Payment |
$100,000 |
$100,000 |
| 01-01-1990 |
Partial Withdrawal |
$10,000 |
$106,678 |
| 01-01-1994 |
Contract Anniversary |
n/a |
$123,362 |
| 03-01-1996 |
Annuitant’s 86th birthday |
n/a |
$111,026 |
| 02-01-2009 |
Annuitant’s death and the
date Nationwide received
information to pay the death
benefit |
n/a |
$119,368 |
*
The Contract Value shown assumes a hypothetical variable net return and could be higher or lower than the amounts indicated
depending on the performance of the Sub-Accounts in which the Contract Owner allocates the Contract Value.
Calculations
| (1) |
the Contract Value; |
$119,368 |
| (2) |
the total of all purchase payments, less an adjustment for amounts withdrawn; or |
$91,429 |
| (3) |
the highest Contract Value on any Contract Anniversary prior to the Annuitant's 86th birthday, less an adjustment for amounts subsequently withdrawn, plus purchase payments received after that Contract Anniversary. |
$123,362 |
Conclusion
Death Benefit = $123,362
113
Appendix E: Highest Anniversary
Value Death Benefit Option with Spousal Protection Example
The purpose of this example is to show the calculations used to determine the
death benefit if the Highest Anniversary Value Death Benefit Option with Spousal Protection is elected. The calculation assumes that the Annuitant dies before the Annuitization Date and that the total of all purchase payments made to the contract is less than $3,000,000. The death
benefit will be the greatest of:
(1)
the Contract Value;
(2)
the total of all purchase payments, less an adjustment for amounts withdrawn; or
(3)
the highest Contract Value on any Contract Anniversary prior to the Annuitant's 86th birthday,
less an adjustment for amounts subsequently withdrawn, plus purchase payments received after that Contract Anniversary.
Any adjustment for amounts withdrawn will reduce the applicable factor above in the same proportion that the Contract Value
was reduced on the date(s) of the partial withdrawal(s).
Contract History
| Date |
Event/Transaction Type |
Transaction Amount |
Contract Value* |
| 01-01-1986 |
Initial Purchase Payment |
$100,000 |
$100,000 |
| 01-01-1990 |
Partial Withdrawal |
$10,000 |
$106,678 |
| 01-01-1994 |
Contract Anniversary |
n/a |
$123,362 |
| 03-01-1996 |
Annuitant’s 86th birthday |
n/a |
$111,026 |
| 02-01-2009 |
Annuitant’s death and the
date Nationwide received
information to pay the death
benefit |
n/a |
$119,368 |
*
The Contract Value shown assumes a hypothetical variable net return and could be higher or lower than the amounts indicated
depending on the performance of the Sub-Accounts in which the Contract Owner allocates the Contract Value.
Calculations
| (1) |
the Contract Value; |
$119,368 |
| (2) |
the total of all purchase payments, less an adjustment for amounts withdrawn; or |
$91,429 |
| (3) |
the highest Contract Value on any Contract Anniversary prior to the Annuitant's 86th birthday, less an adjustment for amounts subsequently withdrawn, plus purchase payments received after that Contract Anniversary. |
$123,362 |
Conclusion
Death Benefit = $123,362
114
Appendix F: Nationwide Lifetime
Income Rider Plus Empire, Nationwide Lifetime Income Rider Plus Core, Nationwide Lifetime Income Rider Plus Accelerated, and Nationwide Lifetime Income Rider Plus Max Example
Income Carryforward Example
The following is an example of how the Income Carryforward privilege may apply:
Assume a Contract Owner purchases a contract on April 1,2023 for $200,000, with a Roll-up
Interest Rate of 6.00%. On April 1, 2025, assume the Current Income Benefit Base is $224,000 ($200,000 x 1.12)). In May of 2025, assume the Contract Owner elects to begin lifetime income, taking the first Lifetime Withdrawal on May 1, 2025. At the time of the first
Lifetime Withdrawal, assume the applicable Lifetime Withdrawal Percentage is 3.75%. Assuming no other changes to the Current Income Benefit Base, the Lifetime Withdrawal Amount would be $8,400 ($224,000 x 0.0375). Thereafter, assume the
following withdrawal activity:
| |
Withdrawal Activity |
Before Withdrawal Processing |
After Withdrawal Processing |
| ||
| Lifetime Withdrawals |
Income Carryforward Amount
|
Lifetime Withdrawal Amount
|
Income Carryforward Amount
|
Lifetime Withdrawal Amount
| ||
| May 1,
2025 |
$8,000 |
$0 |
$8,400 |
$0 |
$400 |
Income Carryforward Calculation The Lifetime Withdrawal Amount in 2025 is $8,400, but the Contract Owner only takes $8,000. This means that an additional $400 is available for following year as Income Carryforward Amount. Assuming there are no additional withdrawal or changes made to the Income Benefit Base for the remainder of the year, then $8,800 would be available in 2026. This is the 2026 Lifetime Withdrawal Amount ($8,400) + Income Carryforward from 2025 ($400). |
| January
1, 2026 |
|
-- |
-- |
$400 |
$8,400 |
|
| March
1, 2026 |
$6,800 |
$400 |
$8,400 |
$0 |
$2,000 |
Income Carryforward Withdrawal Continuing the above example, any withdrawals taken in 2026 first come from the $400 Income Carryforward Amount from 2025 and any amount more than the Income Carryforward Amount is taken from the 2026 Lifetime Withdrawal Amount. In 2026, the Contract Owner withdraws $6,800 which takes $400 from Income Carryforward Amount and $6,400 from the 2026 Lifetime Withdrawal Amount. After the withdrawal, the remaining Income Carryforward Amount is $0 and the remaining Lifetime Withdrawal Amount in 2026 is $2,000. Assuming no other withdrawals or changes are made to the Income Benefit Base for the remainder of 2026, then in 2027, $10,400 is available. This is the 2027 Lifetime Withdrawal Amount (8,400) + Income Carryforward from 2026 ($2,000). |
115
| |
Withdrawal Activity |
Before Withdrawal Processing |
After Withdrawal Processing |
| ||
| Lifetime Withdrawals |
Income Carryforward Amount
|
Lifetime Withdrawal Amount
|
Income Carryforward Amount
|
Lifetime Withdrawal Amount
| ||
| January
1, 2027 |
|
-- |
-- |
$2,000 |
$8,400 |
|
| June 1,
2027 |
$1,500 |
$2,000 |
$8,400 |
$500 |
$8,400 |
Forfeited Income Carryforward Continuing the above example, any withdrawals taken in 2027, first come from the $2000 Income Carryforward amount in 2026 and any Amount more than the Income Carryforward Amount is taken from the 2027 Lifetime Withdrawal Amount. In 2027, the Contract Owner withdraws $1,500 which is taken from Income Carryforward Amount. After the withdrawal, the remaining Income Carryforward Amount is $500 and the remaining Lifetime Withdrawal Amount in 2027 is $8,400. Assuming no additional withdrawals or changes are made to the Income Benefit Base for the remainder of 2027, then $16,800 is available in 2028. The $500 Income Carryforward Amount remaining was only available in 2027 and is then forfeited in 2028. The remaining Lifetime Withdrawal Amount at the end of 2027 becomes the Income Carryforward Amount ($8,400) in 2028. The Lifetime Withdrawal Amount available in 2028 ($8,400) + Income Carryforward Amount from 2027 ($8,400) is available in 2028. |
| January
1, 2028 |
|
-- |
-- |
$8,400 |
$8,400 |
|
116
| Example of a Non-Lifetime Withdrawal taken before the 10th Contract Anniversary* | |||||
| The purpose of this example is to show the calculations used to determine the Current
Income Benefit Base if a Non-Lifetime Withdrawal is taken before the
10th Contract Anniversary. This example
assumes the following: | |||||
| Initial Purchase Payment on Contract Issue Date: |
$100,000 | ||||
| Original Income Benefit Base: |
$100,000 | ||||
| Subsequent Purchase Payment in the 3rd Contract Year: |
$ 15,000 | ||||
| Non-Lifetime Withdrawal Amount taken during the 5th Contract Year: |
$ 20,000 | ||||
| Contract Value on Date of Non-Lifetime Withdrawal (prior to the Non- Lifetime Withdrawal) **: |
$120,000 | ||||
| Current Income Benefit Base on Date of Non-Lifetime Withdrawal**: |
$136,125 | ||||
| Subsequent Purchase Payment in the 5th Contract Year and after the Non-Lifetime Withdrawal: |
$ 30,000 | ||||
| Contract Value on 5th Contract Anniversary**: |
$140,000 | ||||
| If a $20,000 Non-Lifetime Withdrawal is taken during the 5th Contract Year, the
Current Income Benefit Base on the 5th Contract
Anniversary will equal the greatest of: | |||||
| 1) |
Proportional Reduction to the Current Income Benefit Base |
= |
Non-Lifetime
Withdrawal Amount |
X |
Current Income Benefit
Base prior to Non-
Lifetime Withdrawal |
| Contract Value (on date of
Non-Lifetime Withdrawal) | |||||
| = |
$20,000 |
X |
$136,125 | ||
| $120,000 | |||||
| |
|
= |
|
$22,688 |
|
| |
The Current Income Benefit Base of $136,125 is reduced by $23,000 resulting in the
proportionally reduced Current Income Benefit Base of $113,438. | ||||
| 2) |
The highest Contract Value on any Contract Anniversary after the Non-Lifetime
Withdrawal. Here, the Contract Value on the 5th Contract Anniversary is
$140,000. | ||||
| 3.a) |
Proportional Reduction to the Original Income
Benefit Base |
= |
Non-Lifetime
Withdrawal Amount |
X |
Original Income Benefit
Base |
| |
Contract Value (on date of
Non-Lifetime Withdrawal) | ||||
| |
|
= |
$20,000 |
X |
$100,000 |
| |
|
$120,000 | |||
| |
|
= |
|
$16,667 |
|
| |
The Original Income Benefit Base of $100,000 is reduced by $16,667 resulting in the
Adjusted Roll-up Income Benefit Base of $83,333. The Adjusted Roll-up
Income Benefit Base is increased by the 5% simple interest roll-up for each attained Contract Anniversary resulting in the Adjusted Roll-up Income Benefit Base with roll-up of $104,167. | ||||
| PLUS | |||||
| 3.b) |
Proportional Reduction to Subsequent Purchase Payment in the 3rd
Contract Year |
= |
Non-Lifetime
Withdrawal Amount |
X |
Subsequent Purchase Payment in the
3rd
Contract Year |
| Contract Value (on date of
Non-Lifetime Withdrawal) | |||||
| |
|
= |
$20,000 |
X |
$15,000 |
| |
|
|
$120,000 |
|
|
| |
|
= |
|
$2,500 |
|
| |
The subsequent purchase payment in the 3rd Contract Year of $15,000 is reduced by $2,500
resulting in the proportionally reduced subsequent purchase payment of
$12,500. This is increased by 5% simple interest roll-up from the date of the subsequent purchase payment for each attained Contract Anniversary resulting in $14,063. | ||||
117
| PLUS | |||||
| 3.c) |
Subsequent purchase payment after Non-Lifetime Withdrawal of $30,000 increased by 5%
simple interest roll-up from the date of the subsequent purchase payment
for each attained Contract Anniversary resulting in $30,750.
The Adjusted Roll-up Income Benefit Base with roll-up PLUS the subsequent purchase
payment in the 3rd Contract Year with roll-up PLUS the subsequent purchase
payment after the Non-Lifetime Withdrawal with roll-up would equal $148,979. | ||||
| Since the Adjusted Roll-up Income Benefit Base with roll-up and subsequent purchase payments with roll-up are the greatest, the
Contract Owner's Current Income Benefit Base on the 5th Contract Anniversary would be
$148,979. | |||||
*
All numbers are rounded to the nearest whole number
**
Contract Value and Current Income Benefit Base are hypothetical and for example purposes
only
| Example of a Non-Lifetime Withdrawal taken after the 10th Contract
Anniversary* | |||||
| The purpose of this example is to show the calculations used to determine the Current
Income Benefit Base if a Non-Lifetime Withdrawal is taken after the 10th
Contract Anniversary. This example assumes the following: | |||||
| Initial Purchase Payment on Contract Issue Date: |
$100,000 | ||||
| Original Income Benefit Base: |
$100,000 | ||||
| Subsequent Payment on the 1st Contract Anniversary: |
$ 15,000 | ||||
| Subsequent Payment on the 11th Contract Anniversary: |
$ 30,000 | ||||
| Non-Lifetime Withdrawal Amount taken during the 12th Contract Year: |
$ 20,000 | ||||
| Contract Value on Date of Non-Lifetime Withdrawal (prior to the Non- Lifetime Withdrawal) **: |
$200,000 | ||||
| Current Income Benefit Base on Date of Non-Lifetime Withdrawal**: |
$201,750 | ||||
| Contract Value on 12th Contract Anniversary**: |
$181,000 | ||||
| If a $20,000 Non-Lifetime Withdrawal is taken during the 12th Contract Year, the Current
Income Benefit Base on the 12th Contract Anniversary will equal the
greatest of: | |||||
| 1) |
Proportional Reduction to the Current Income Benefit Base |
= |
Non-Lifetime
Withdrawal Amount |
X |
Current Income Benefit Base prior to
Non- Lifetime Withdrawal |
| Contract Value (on date of
Non-Lifetime Withdrawal) | |||||
| |
|
= |
$20,000 |
X |
$201,750 |
| $200,000 | |||||
| |
|
= |
|
$20,175 |
|
| |
The Current Income Benefit Base of $201,750 is reduced by $20,175 resulting in the
proportionally reduced Current Income Benefit Base of
$181,575. | ||||
| 2) |
The highest Contract Value on any Contract Anniversary after the Non-Lifetime
Withdrawal. Here, the Contract Value on the 12th Contract Anniversary is $181,000. | ||||
| 3.a) |
Proportional Reduction to the Original Income Benefit Base |
= |
Non-Lifetime
Withdrawal Amount |
X |
Original Income Benefit
Base |
| Contract Value (on date of
Non-Lifetime Withdrawal) | |||||
| |
|
= |
$20,000 |
X |
$100,000 |
| $200,000 | |||||
| |
|
= |
|
$10,000 |
|
| |
The Original Income Benefit Base of $100,000 is reduced by $10,000 resulting in the
Adjusted Roll-up Income Benefit Base of $90,000. The Adjusted Roll-up
Income Benefit Base is increased by the 5% simple interest roll-up for each attained Contract Anniversary resulting in the Adjusted Roll-up Income Benefit base with roll-up of $135,000. | ||||
| PLUS | |||||
118
| 3.b) |
Proportional Reduction to the Subsequent Purchase Payment on the 1st Contract Anniversary |
= |
Non-Lifetime
Withdrawal Amount |
X |
Subsequent Purchase Payment on the
1st Contract Anniversary |
| Contract Value (on date of
Non-Lifetime Withdrawal) | |||||
| |
|
= |
$20,000 |
X |
$15,000 |
| $200,000 | |||||
| |
|
= |
|
$1,500 |
|
| |
The subsequent purchase payment on the 1st Contract Anniversary of $15,000 is reduced by $1,500
resulting in $13,500. This is increased by 5% simple interest roll-up each
year from the date of the subsequent purchase payment to the 10th Contract Anniversary resulting in $19,575. | ||||
| PLUS | |||||
| 3.c) |
Proportional Reduction to Subsequent Purchase Payment on the 11th Contract Anniversary |
= |
Non-Lifetime
Withdrawal Amount |
X |
Subsequent Purchase Payment on the
11th
Contract Anniversary |
| Contract Value (on date of
Non-Lifetime Withdrawal) | |||||
| |
|
= |
$20,000 |
X |
$30,000 |
| $200,000 | |||||
| |
|
= |
|
$3,000 |
|
| |
The subsequent purchase payment on the 11th Contract Anniversary of $30,000 is reduced by $3,000 resulting in
$27,000
(Note: there is no roll-up here since it is after the 10th Contract Anniversary). | ||||
| |
The Adjusted Roll-up Income Benefit Base with roll-up PLUS the proportional reduction to
the subsequent purchase payment on the 1st Contract Anniversary with roll-up PLUS the proportional
reduction to the subsequent purchase payment on the 11th Contract Anniversary with no roll-up equals $181,575. | ||||
| Since the proportional reduction to the Current Income Benefit Base and the Adjusted Roll-up Income Benefit Base with roll-up and
subsequent purchase payments with and without roll-up are equal and the greatest, the
Contract Owner's Current Income Benefit Base on the 12th Contract Anniversary would be $181,575.
| |||||
*
All numbers are rounded to the nearest whole number
**
Contract Value and Current
Income Benefit Base are hypothetical and for example purposes only
119
Appendix G: Financial
Intermediary Variations
Some broker-dealers that have entered into selling
agreements with Nationwide (or an affiliate) to sell this contract impose restrictions on their financial professionals that prohibit or limit the recommendation of specific
features, benefits, and investment options that are described in this prospectus. Those restrictions are made by the broker-dealer and may or may not be known to Nationwide. Currently, Nationwide is not aware of any such restrictions; however, this conclusion is based
only on information that Nationwide could obtain without unreasonable effort or expense and does not reflect restrictions the knowledge of which rests peculiarly with unaffiliated broker-dealers. Applicants/Contract Owners should
discuss broker-dealer restrictions on features, benefits, and investment options directly with their financial professional.
120
Outside back cover page
The Statement of Additional Information contains additional information about the Variable Account. To obtain a free copy of
the Statement of Additional Information, request other information about the contract, or to make any other service requests, contact Nationwide at 1-800-848-6331 or by one of the
other methods described in Contacting the Service Center.
The Statement of Additional Information has been filed with the SEC and is incorporated by reference into this prospectus. The SAI is also available at https://nationwide.onlineprospectus.net/NW/C000217909NW/index.php?ctype=product_sai. This prospectus is available at
https://nationwide.onlineprospectus.net/NW/C000217909NW/index.php?ctype=product_prospectus.
Reports and other information about the Variable Account are available on the SEC’s website at http://www.sec.gov. Copies of this information may be
obtained, upon payment of a duplicating fee, by electronic request at the following email address:
[email protected].
SEC Contract Identifier: C000217909
STATEMENT OF ADDITIONAL
INFORMATION
May 1, 2026
Individual Flexible Premium Deferred Variable Annuity Contracts
Issued by Nationwide Life Insurance Company
through its Nationwide Variable Account-II
through its Nationwide Variable Account-II
This Statement of Additional
Information is not a prospectus. It contains information in addition to and more detailed than set forth in the prospectus and should be read in conjunction with the prospectus
dated May 1, 2026. The prospectus may be
obtained from Nationwide Life Insurance Company by writing P.O. Box 182021, Columbus, Ohio 43218-2021 or calling 1-800-848-6331, TDD 1-800-238-3035. Capitalized terms in this
Statement of Additional Information correspond to terms defined in the prospectus.
TABLE OF CONTENTS
| |
Page |
| 2 | |
| 2 | |
| 2 | |
| 3 | |
| 3 | |
| 3 |
General Information and
History
Nationwide Variable Account-II (the "Variable Account") is a separate investment account of Nationwide Life Insurance
Company ("Nationwide"). Nationwide established the Variable Account on October 7, 1981 pursuant to Ohio law. The
Variable Account is registered with the SEC as a unit investment trust pursuant to the Investment Company Act of 1940.
Nationwide is a stock life insurance company organized under the laws of the State of Ohio in March of 1929 with its Home Office at One Nationwide Plaza, Columbus, Ohio 43215. Nationwide provides life insurance, annuities and retirement
products. Nationwide is admitted to do business in all states, the District of Columbia, Guam, the U.S. Virgin Islands, and Puerto Rico. Nationwide is a member of the Nationwide
group of companies and all of its common stock is owned by Nationwide Financial Services, Inc. ("NFS"), a holding company. Nationwide Corporation owns all of NFS's common stock and is a holding company, as well. All of Nationwide Corporation's common stock is held by Nationwide Mutual
Insurance Company (95.2%) and Nationwide Mutual Fire Insurance Company (4.8%), the ultimate controlling persons of the Nationwide group of companies.
Services
Nationwide, which has responsibility for administration of the contracts and the Variable Account, maintains records of the
name, address, taxpayer identification number, and other pertinent information for each Contract Owner, the number and type of contract issued to each Contract Owner, and records with respect to the Contract Value.
The custodian of the assets of the Variable Account is Nationwide.
Nationwide will maintain a record of all purchases and redemptions of shares of the underlying mutual funds. Nationwide or its affiliates may have entered into agreements with
the underlying mutual funds and/or their affiliates. The agreements relate to services furnished by Nationwide or an affiliate of Nationwide. Some of the services provided include distribution of underlying fund prospectuses, semi-annual and
annual fund reports, proxy materials, and fund communications, as well as maintaining the websites and voice response systems necessary for Contract Owners to execute trades in the
funds. Nationwide also acts as a limited agent for each underlying mutual fund for purposes of accepting the trades. See Underlying Mutual Fund Service Fee Payments located in the prospectus.
Distribution, Promotional, and Sales Expenses
For the contracts described in the prospectus, Nationwide does not pay the selling firms a
marketing allowance in addition to or partially in lieu of commission.
When Nationwide is made aware that a Qualified Plan has been orphaned, commission payments
payable with respect to that Qualified Plan will cease and commission payments that would have been due will not be sent to the Qualified Plan. An orphaned Qualified Plan is a plan without an agent or firm of record.
Financial Statements
The December 31,
2025 financial statements of the Variable Account and the December 31, 2025 financial statements of the Company are
incorporated into this SAI by reference to the Variable Account’s most recent Form N-VPFS ("Form N-VPFS") filed with
the SEC.
Independent Registered Public
Accounting Firm
The financial statements of Nationwide Variable Account-II and the statutory financial statements and financial statement schedules of Nationwide Life Insurance Company have been
incorporated by reference herein in reliance upon the reports of KPMG LLP, independent registered public accounting firm, incorporated by reference herein, and upon the authority
of said firm as experts in accounting and auditing.
The KPMG LLP report dated March 23, 2026 of Nationwide Life Insurance Company includes explanatory language that states that the financial statements are prepared
by Nationwide Life Insurance Company using statutory accounting practices prescribed or permitted by the Ohio Department of Insurance, which is a basis of accounting other than
U.S. generally accepted accounting principles. Accordingly, the KPMG LLP audit report states that the financial statements are not presented fairly in accordance with U.S. generally accepted accounting principles and further states that those
financial statements are presented fairly, in all material respects, in accordance with statutory accounting practices prescribed or permitted by the Ohio Department of Insurance.
2
The KPMG LLP report dated March 23, 2026 of Nationwide Life Insurance Company also contains an emphasis of matter paragraph that states that Nationwide Life
Insurance Company’s subsidiary received permission from the Ohio Department of Insurance in 2023 to account for an excess of loss reinsurance recoverable as an admitted
asset. Under prescribed statutory accounting practices, the excess of loss reinsurance recoverable would not be an admitted asset. As of December 31, 2025, 2024 and 2023, that permitted
accounting practice increased statutory surplus over what it would have been had that prescribed accounting practice been followed. KPMG LLP’s opinions are not modified with
respect to this matter.
Purchase of Securities Being Offered
The contracts will be sold by licensed insurance agents in the states where the contracts may
be lawfully sold. Such agents will be registered representatives of broker-dealers registered under the Securities Exchange Act of 1934 who are members of the Financial Industry Regulatory Authority (FINRA).
Underwriters
The contracts, which are offered continuously, are distributed by Nationwide Investment Services Corporation ("NISC"), One
Nationwide Plaza, Columbus, Ohio 43215, a wholly owned subsidiary of Nationwide. For contracts issued in Michigan, all references to NISC will mean Nationwide Investment Svcs.
Corporation. No underwriting commissions have been paid by Nationwide to NISC for each of this Variable Account's last three fiscal years.
Annuity Payments
See Annuitizing the Contract located
in the prospectus.
3
PART C. OTHER
INFORMATION
Item 27. Exhibits
a)
b)
Not Applicable.
c)
Amended and Restated Distribution Agreement dated November 1, 2022 between Nationwide Life Insurance
Company, Nationwide Life and Annuity Insurance Company, Jefferson National Life Insurance Company, and
Nationwide Investment Services Corporation – Filed previously with Post-Effective Amendment No. 29 on
November 1, 2022 (333-124048) and hereby incorporated by reference.
d)
1)
2)
3)
4)
e)
f)
Depositor’s Certificate of Incorporation and By-Laws –
1)
2)
3)
g)
Not Applicable.
h)
Form of Participation Agreements –
Unless indicated
as attached hereto, the following fund participation agreements were previously filed and are hereby incorporated by reference.
1)
3)
Fund Participation Agreement (Amended and Restated) with Alliance Capital Management L.P. and
Alliance-Bernstein Investment Research and Management, Inc. dated June 1, 2003 with the registration
statement under 333-137202, pre-effective amendment number 3 filed on September 27, 2007 as document
alliancebernsteinfpa.htm
4)
5)
6)
7)
8)
Participation Agreement among Nationwide Financial Services, Inc., Calvert Variable Products, Inc., and
Eaton Vance Distributors, Inc., as amended, dated January 1, 2017 with the registration statement under
333-177439, post-effective amendment number 42 filed on April 25, 2024 as document
d777109dex99h8.htm. Portions of this exhibit have been redacted.
9)
10)
11)
12)
13)
14)
Participation Agreement among (Fidelity) Variable Insurance Products Funds, Fidelity Distributors Company
LLC, Nationwide Life Insurance Company, Nationwide Life and Annuity Insurance Company, Jefferson
National Life Insurance Company, and Jefferson National Life Insurance Company of New York dated
October 11, 2023 with the registration statement under 333-177439, post-effective amendment number 42
filed on April 25, 2024 as document d777109dex99h14.htm.
15)
This field is intentionally blank.
16)
This field is
intentionally blank.
17)
Amended and Restated Fund Participation Agreement with Franklin Templeton Variable Insurance Products
Trust and Franklin/Templeton Distributors, Inc., as amended, dated May 1, 2003 with the registration
statement under 333-140608, pre-effective amendment number 1 filed on July 17, 2007 as document
frankfpa99h8.htm
19)
20)
21)
22)
Fund Participation Agreement with Legg Mason Investor Services, LLC (formerly, Salomon Brothers
Variable Series Funds Inc., Salomon Brothers Asset Management Inc.), as amended, dated September,
1999 with the registration statement under 333-137202, pre-effective amendment number 3 filed on
September 27, 2007 as document leggmasonfpa.htm
23)
24)
25)
Participation Agreement Among MFS Variable Insurance Trust, MFS Variable Insurance Trust II, Nationwide
Financial Services, Inc., and MFS Fund Distributors, Inc., dated May 2, 2011 with the registration statement
under 333-227783, post-effective amendment number 3 filed on September 9, 2019 as document
d737458dex9924b24.htm
26)
Fund Participation Agreement with Nationwide Variable Insurance Trust (formerly, Gartmore Variable
Insurance Trust), American Funds Insurance Series, and Capital Research and Management Company
dated May 1, 2007 with the registration statement under 333-140608, pre-effective amendment number 1
filed on July 17, 2007 as document nwfpa99h12b.htm
27)
28)
Participation Agreement dated October 28, 2024 among Nationwide Financial Services, Inc. and New Age
Alpha Advisors, LLC filed October 3, 2024 with post-effective amendment number 34 to registration
statement (333-124048) and hereby incorporated by reference. Portions of this exhibit have been
redacted.
29)
30)
31)
32)
Fund Participation Agreement with Pioneer Variable Contracts Trust, Pioneer Investment Management, Inc.
and Pioneer Funds Distributor, Inc., as amended, dated September 27, 2002 with the registration statement
under 333-137202, pre-effective amendment number 3 filed on September 27, 2007 as document
pioneerfpa.htm
34)
35)
36)
37)
Fund Participation Agreement with T. Rowe Price Equity Series, Inc., T. Rowe Price International Series,
Inc., T. Rowe Price Fixed Income Series, Inc., and T. Rowe Price Investment Services, Inc., as amended,
dated October 1, 2002 with the registration statement under 333-140608, pre-effective amendment number
1 filed on July 17, 2007 as document trowefpa99h15.htm
38)
Fund Participation Agreement with Van Eck Investment Trust, Van Eck Associates Corporation, and Van
Eck Securities Corporation, as amended, dated September 1, 1989 with the registration statement under
333-137202, pre-effective amendment number 3 filed on September 27, 2007 as document vaneckfpa.htm
39)
40)
Fund Participation Agreement with The Universal Institutional Funds, Inc., Morgan Stanley & Co.
Incorporated, Morgan Stanley Investment Management Inc., as amended, dated February 1, 2002 with the
registration statement under 333-140608, pre-effective amendment number 1 filed on July 17, 2007 as
document univfpa99h16.htm
41)
42)
43)
44)
45)
46)
Fund Participation Agreement with Nationwide Financial Services, Inc., Mutual Fund & Variable Insurance
Trust, and Northern Lights Distributors, LLC, dated January 25, 2019, filed on February 7, 2019 with post
effective amendment number 20 of registration statement (333-124048) under document
"d699044dex99nnn.htm"
47)
i)
Form of Administrative Contracts –
Unless indicated
as attached hereto, the following administrative contracts were previously filed and are hereby incorporated by reference.
1)
2)
Service Agreement with ALPS Advisor, Inc., ALPS Portfolio Solutions Distributor, Inc. and ALPS Variable
Investment Trust, as amended, dated October 10, 2013 with the registration statement under 333-227783,
post-effective amendment number 9 filed on December 1, 2021 as document d145743dex99i32.htm.
Portions of this exhibit have been redacted.
3)
4)
5)
Administrative Services Agreement with BlackRock (formerly FAM Distributors, Inc., and Merrill Lynch
Variable Series Funds, Inc.), as amended, dated April 13, 2004 with the registration statement under 333-
137202, pre-effective amendment number 3 filed on September 27, 2007 as document blackrockasa.htm
6)
(Calvert) Administrative Service Agreement between Nationwide Financial Services, Inc. and Eaton Vance
Management, as amended, dated January 1, 2017 with the registration statement under 333-177439, post-
effective amendment number 42 filed on April 25, 2024 as document d777109dex99i6.htm. Portions of this
exhibit have been redacted.
7)
8)
9)
10)
11)
12)
13)
Service Agreement between Fidelity Investments Institutional Operations Company LLC and Nationwide
Investment Services Corporation dated October 11, 2023 with the registration statement under 333-177439,
post-effective amendment number 42 as document d777109dex99i13.htm. Portions of this exhibit have
been redacted.
14)
15)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
(MainStay) Administrative Service Agreement with New York Life Investment Management LLC and NYLIFE
Distributors LLC (Mainstay), as amended, dated May 1, 2016 with the registration statement under 333-
227783, post-effective amendment number 9 filed on December 1, 2021 as document
d145743dex99i37.htm. Portions of this exhibit have been redacted.
29)
30)
31)
32)
Fund Participation Agreement with Nationwide Variable Insurance Trust (formerly, Gartmore Variable
Insurance Trust), American Funds Insurance Series, and Capital Research and Management Company
dated May 1, 2007 with the registration statement under 333-140608, pre-effective amendment number 1
filed on July 17, 2007 as document nwfpa99h12b.htm
33)
34)
35)
36)
37)
38)
Fund Participation Agreement with Pioneer Variable Contracts Trust, Pioneer Investment Management, Inc.
and Pioneer Funds Distributor, Inc., as amended, dated September 27, 2002 with the registration statement
under 333-137202, pre-effective amendment number 3 filed on September 27, 2007 as document
pioneerfpa.htm
39)
40)
41)
42)
43)
44)
Fund Administrative Services Agreement with Gemini Fund Services, LLC, Mutual Fund and Variable
Insurance Trust, and Rational Advisors, Inc. as amended dated January 25, 2019 with the registration
statement under 333-258296, pre-effective amendment number 2 filed on December 17, 2021 as document
d259685dex99i40.htm. Portions of this exhibit have been redacted.
45)
j)
Not
Applicable.
k)
m)
Not Applicable.
n)
Not Applicable.
q)
Not Applicable.
r)
Not Applicable.
Item 28. Directors and Officers of the Insurance Company
The business address of the Directors and Officers of the Insurance Company is:
One Nationwide Plaza, Columbus, Ohio 43215
One Nationwide Plaza, Columbus, Ohio 43215
| |
|
| President and Chief Operating Officer and Director |
Hawley, Craig A. |
| Executive Vice President-Chief Marketing Officer |
Bair, Ann S. |
| Executive Vice President-Chief Technology Officer |
Carrel, Michael W. |
| Executive Vice President-Chief Human Resources Officer |
Clements, Vinita J. |
| Executive Vice President and Director |
Frommeyer, Timothy G. |
| Executive Vice President-Chief Legal Officer |
Howard, Mark S. |
| Executive Vice President-Chief Customer, Strategy & Innovation Officer |
Mahaffey, Michael W. |
| Senior Vice President-Strategic Planning |
Amodeo, Daniel W. |
| Senior Vice President-Investment Management Group |
Aniano, Joseph N. |
| Senior Vice President-Corporate Controller and Chief Accounting Officer |
Benson, James D. |
| Senior Vice President-Chief Economist |
Bostjancic, Kathleen |
| Senior Vice President-P&C Legal |
Boyer, John N. |
| Senior Vice President-Human Resources Business Partner |
Bretz, Angela D. |
| Senior Vice President-Internal Audit |
Burchwell, Jason E. |
| Senior Vice President-Nationwide Pet |
Carnes, Joel R.M. |
| Senior Vice President-Chief Investment Officer |
Coleman, Joel L. |
| Senior Vice President-Chief Compliance Officer |
Dankovic, Rae Ann |
| Senior Vice President-Chief Risk Officer |
Diem, Klaus K. |
| Senior Vice President-Institutional Life |
Dowdy, Jessica |
| Senior Vice President-External Affairs |
English, Steven M. |
| Senior Vice President-Trial Division |
Failor, Scott E. |
| Senior Vice President-Corporate Operations & Litigation Legal |
Furniss, Natalie T. |
| Senior Vice President-Chief Financial Officer - Financial Services and Director |
Ginnan, Steven A. |
| Senior Vice President-PL Product and Underwriting |
Griffin, Sarah E. |
| Senior Vice President-Chief Financial Officer - Property & Casualty |
Guerrero, Oscar |
| Senior Vice President-Human Resources Business Partner |
Hairston, Mia S. |
| Senior Vice President-Underwriting Performance - E&S/Specialty and Commercial |
Hespe, Julie |
| Senior Vice President-Legal - NF |
Innis-Thompson, Janice |
| Senior Vice President-Management Liability & Specialty - E&S/Specialty |
Iorio, Thomas A. |
| Senior Vice President-Marketing - Enterprise Brand Strategy & Activation |
Jackson, Richard W. |
| Senior Vice President-Retirement Solutions |
Jestice, Kevin T. |
| Senior Vice President-E&S/Specialty and Commercial Lines |
Johnston, Russell M. |
| Senior Vice President-Chief Innovation and Digital Officer |
Kandhari, Chetan D. |
| Senior Vice President-Property & Casualty Commercial Lines |
Kempton, Casey E. |
| Senior Vice President-Chief Technology Officer - Technology Strategy, Data & Innovation |
Kolp, Melanie A. |
| Senior Vice President-Nationwide Annuity and Director |
Kotecha, Kush V. |
| Senior Vice President-Chief Technology Officer - Nationwide Financial |
Kuamoo, Misty C. |
| Senior Vice President-Business Performance - Property & Casualty |
Kyung, Jennifer |
| Senior Vice President-Nationwide Agribusiness |
Liggett, Brad R. |
| Senior Vice President-Programs & Alternative Risk - E&S/Specialty |
Lopes, John S. |
| Senior Vice President-Culture & Talent Acquisition |
Lucas, Giavonni |
| Senior Vice President-Chief Information Security Officer |
Lukens, Todd |
| Senior Vice President-Marketing Management - P&C |
MacKenzie, Jennifer B. |
| Senior Vice President-Group Benefits |
Murray, Lindsey E. |
| Senior Vice President-Contract & Brokerage Underwriting - E&S/Specialty |
Nelson, David N. |
| Senior Vice President-Corporate Development and Finance |
O'Brien, Kevin G. |
| Senior Vice President-NF Strategic Customer Solutions |
Perez, J.J. |
| Senior Vice President-Talent & Organization Effectiveness |
Pheister, Erin R. |
| Senior Vice President-Agribusiness Distribution and Underwriting |
Pollitt, Dirk |
| Senior Vice President-Retirement Solutions Distribution |
Ricklin, Suzanne |
| Senior Vice President-Marketing Management - Financial Services |
Rodriguez, Kristi L. |
| Senior Vice President-Personal Lines Operations |
Rommel, Jeff M. |
| Senior Vice President-Chief Customer Officer |
Samuel, Michelle |
| Senior Vice President-Finance, Strategy & Governance Legal & Corporate Secretary |
Skingle, Denise L. |
| Senior Vice President-Nationwide Life and Director |
Snyder, Holly R. |
| Senior Vice President-Total Rewards |
Sonneman, Christopher P. |
| Senior Vice President-Sales - Life |
Spencer, Frank W. |
| Senior Vice President-Commercial Lines - Middle Market |
Talkowski, Kristina M. |
| Senior Vice President-Personal Lines Sales & Distribution |
Tripp, Michael N. |
| Senior Vice President-Chief Technology Officer - Property & Casualty |
Vasudeva, Guruprasad C. |
| Senior Vice President-E-Risk Services - E&S/Specialty |
Walsh, James |
| Senior Vice President-Programs - E&S/Specialty |
Wayne, Amber M. |
| Senior Vice President-Human Resources Business Partner |
Webster, Cynthia S. |
| Senior Vice President-Commercial Lines - Small Market |
Williams, George M. |
| Director |
Walker, Kirt A. |
Item 29. Persons Controlled by or Under Common Control with the Insurance Company or Registered Separate Account.
Following is a list of entities directly or indirectly controlled by or under common control with the Insurance Company or
Registered Separate Account. Ownership is indicated through indentation. Unless otherwise indicated, each subsidiary is either wholly-owned or majority-owned by the parent company immediately preceding it. (For example, Nationwide Fund
Distributors, LLC is either wholly-owned or majority owned by NFS Distributors, Inc.) Separate accounts that have been established pursuant to board resolution but are not, and have never been, active are
omitted.
| Company |
Jurisdiction
of Domicile |
Brief Description of Business |
| Nationwide Financial Services, Inc. |
Delaware |
The company acts primarily as a holding company for companies within the Nationwide organization that offer or distribute life insurance, long-term savings and retirement products. |
| NFS Distributors, Inc. |
Delaware |
The company acts primarily as a holding company for Nationwide Financial Services, Inc. companies. |
| Nationwide Financial General Agency, Inc. |
Pennsylvania |
The company is a multi-state licensed insurance agency. |
| Nationwide Fund Distributors, LLC |
Delaware |
The company is a limited purpose broker-dealer. |
| Nationwide Fund Management, LLC |
Delaware |
The company provides administration, transfer and dividend disbursing agent services to various mutual fund entities. |
| Nationwide Retirement Solutions, Inc. |
Delaware |
The company markets and administers deferred compensation plans for public employees. |
| Nationwide Securities, LLC |
Delaware |
The company is a general purpose broker-dealer and investment adviser registered with the Securities and Exchange Commission. |
| Nationwide Trust Company, FSB |
Federal |
This is a federal savings bank chartered by the Office of Thrift Supervision in the United States Department of Treasury to exercise deposit, lending, agency, custody and fiduciary powers and to engage in activities permissible for federal savings banks under the Home Owners’ Loan Act of 1933. |
| Nationwide Financial Services Capital Trust |
Delaware |
The trust’s sole purpose is to issue and sell certain securities representing individual beneficial interests in the assets of the trust |
| 525 Cleveland Avenue, LLC |
Ohio |
This is a limited liability company organized under the laws of the State of Ohio. The company was formed to provide remedial real property cleanup prior to sale. |
| Company |
Jurisdiction
of Domicile |
Brief Description of Business |
| Nationwide Life Insurance Company 2
|
Ohio |
The corporation provides individual life insurance, group and health insurance, fixed and variable annuity products and other life insurance products. |
| Jefferson National Life Insurance Company2,3
|
Texas |
The company provides life, health and annuity products. |
| Jefferson National Life Annuity Account C2,3
|
|
A separate account issuing variable annuity products. |
| Jefferson National Life Annuity Account E2,3
|
|
A separate account issuing variable annuity products. |
| Jefferson National Life Annuity Account F2,3
|
|
A separate account issuing variable annuity products. |
| Jefferson National Life Annuity Account G2,3
|
|
A separate account issuing variable annuity products. |
| Nationwide Jefferson National VA Separate Account 12,3
|
New York |
A separate account issuing variable annuity products. |
| MFS Variable Account2,3 |
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Multi-Flex Variable Account2,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account2,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-II2,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-32,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-42,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-52,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-62,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-72,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-82,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-92,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-102,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-112,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-122,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-132,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-142,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Variable Account-152,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Provident VA Separate Account 12,3
|
Pennsylvania |
A separate account issuing variable annuity contracts. |
| Nationwide VLI Separate Account2,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide VLI Separate Account-22,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide VLI Separate Account-32,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide VLI Separate Account-42,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide VLI Separate Account-52,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide VLI Separate Account-62,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide VLI Separate Account-72,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide Provident VLI Separate Account 12,3
|
Pennsylvania |
A separate account issuing variable life insurance policies. |
| Nationwide Investment Services Corporation3
|
Oklahoma |
This is a limited purpose broker-dealer and distributor of variable annuities and variable life products for Nationwide Life Insurance Company and Nationwide Life and Annuity Insurance Company. The company also provides educational services to retirement plan sponsors and its participants. |
| Nationwide Financial Assignment Company3
|
Ohio |
The company is an administrator of structured settlements. |
| Nationwide Investment Advisors, LLC3
|
Ohio |
The company provides investment advisory services. |
| Eagle Captive Reinsurance, LLC3
|
Ohio |
The company is engaged in the business of insurance |
| Nationwide Life and Annuity Insurance Company2,3
|
Ohio |
The company engages in underwriting life insurance and granting, purchasing and disposing of annuities. |
| Nationwide VA Separate Account-A2,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Company |
Jurisdiction
of Domicile |
Brief Description of Business |
| Nationwide VA Separate Account-B2,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide VA Separate Account-C2,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide VA Separate Account-D2,3
|
Ohio |
A separate account issuing variable annuity contracts. |
| Nationwide Provident VA Separate Account A2,3 |
Delaware |
A separate account issuing variable annuity contracts. |
| Nationwide VL Separate Account-C2,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide VL Separate Account-D2,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide VL Separate Account-G2,3
|
Ohio |
A separate account issuing variable life insurance policies. |
| Nationwide Provident VLI Separate Account A2,3
|
Delaware |
A separate account issuing variable life insurance policies. |
| Olentangy Reinsurance, LLC3
|
Vermont |
The company is a captive life reinsurance company. |
| Nationwide SBL, LLC |
Ohio |
The company is a lender offering securities-back lines of credit. |
| Nationwide Life and Benefits Insurance Company (formerly, Direct General Life Insurance Company) |
South Carolina |
The company is a South Carolina stock life insurance company that previously offered a life product only, but is filing stop loss products in majority of states and a fully insured small group health product in a limited number of states. |
| NSM Sales Corporation |
Nevada |
The company is a sales and distribution organization for group health product and ancillary third-party products. |
| The Association Benefits Solution, LLC |
Delaware |
The company is a program manager for self-funded group health program where it coordinates and manages offerings to employers looking for an "off the shelf" solution to self-fund employee health plans. |
| Registered Investment Advisors Services, Inc. |
Texas |
The company is a technology company that facilitates third-party money management services for registered investment advisors. |
| Nationwide Fund Advisors4 |
Delaware |
The trust acts as a registered investment advisor. |
1
This subsidiary/entity is controlled by its immediate parent through contractual
association.
2
This subsidiary/entity files separate financial statements.
3
Information for this subsidiary/entity is included in the consolidated financial statements of
its immediate parent.
4
This subsidiary/entity is a business trust.
Item 30.
Indemnification
Provision is made in Nationwide’s Amended and
Restated Code of Regulations and expressly authorized by the General Corporation Law of the State of Ohio, for indemnification by Nationwide of any person who was or is a party or
is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that such person is or was a director, officer or employee of
Nationwide, against expenses, including attorneys fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding, to the extent and under the
circumstances permitted by the General Corporation Law of the State of Ohio.
Insofar as indemnification for liabilities arising under the Securities Act of 1933 ("Act") may be permitted to directors, officers or persons controlling Nationwide pursuant to the foregoing provisions, Nationwide has been informed 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 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.
Item 31. Principal
Underwriter
Nationwide Investment Services Corporation
("NISC")
a)
NISC serves as principal underwriter and general distributor for the following separate investment accounts of Nationwide or
its affiliates:
| Jefferson National Life Annuity Account C |
Nationwide Variable Account-14 |
| Jefferson National Life Annuity Account E |
Nationwide Variable Account-15 |
| Jefferson National Life Annuity Account F |
Nationwide VA Separate Account-A |
| Jefferson National Life Annuity Account G |
Nationwide VA Separate Account-B |
| Nationwide Jefferson National VA Separate Account 1 |
Nationwide VA Separate Account-C |
| MFS Variable Account |
Nationwide VA Separate Account-D |
| Nationwide Multi-Flex Variable Account |
Nationwide VLI Separate Account |
| Nationwide Variable Account |
Nationwide VLI Separate Account-2 |
| Nationwide Variable Account-II |
Nationwide VLI Separate Account-3 |
| Nationwide Variable Account-3 |
Nationwide VLI Separate Account-4 |
| Nationwide Variable Account-4 |
Nationwide VLI Separate Account-5 |
| Nationwide Variable Account-5 |
Nationwide VLI Separate Account-6 |
| Nationwide Variable Account-6 |
Nationwide VLI Separate Account-7 |
| Nationwide Variable Account-7 |
Nationwide VL Separate Account-C |
| Nationwide Variable Account-8 |
Nationwide VL Separate Account-D |
| Nationwide Variable Account-9 |
Nationwide VL Separate Account-G |
| Nationwide Variable Account-10 |
Nationwide Provident VA Separate Account 1 |
| Nationwide Variable Account-11 |
Nationwide Provident VA Separate Account A |
| Nationwide Variable Account-12 |
Nationwide Provident VLI Separate Account 1 |
| Nationwide Variable Account-13 |
Nationwide Provident VLI Separate Account A |
b)
Directors and Officers of NISC:
| President and Director |
Perez, J.J. |
| Senior Vice President and Secretary |
Skingle, Denise L. |
| Vice President and Assistant Secretary |
Garman, David A. |
| Vice President and Assistant Secretary |
Wolf, Bonnie L. |
| Vice President-Chief Tax Officer |
Scheiderer, Kevin P. |
| Vice President-CFO IPS - Individual Life |
Wild, Keith D. |
| Chief Compliance Officer and AML Officer |
Deleget, J. Brian |
| Associate Vice President and Assistant Treasurer |
Hacker, Hope C. |
| Associate Vice President and Assistant Treasurer |
Radabaugh, Nathan |
| Associate Vice President and Treasurer |
Roswell, Ewan T. |
| Associate Vice President and Assistant Treasurer |
Walker, Tonya G. |
| Assistant Secretary |
Bowman, Heidi K. |
| Assistant Secretary |
Dokko, David H. |
| Director |
Jestice, Kevin T. |
| Director |
Kotecha, Kush V. |
The business address of the Directors and Officers of NISC is:
One Nationwide Plaza, Columbus, Ohio 43215.
One Nationwide Plaza, Columbus, Ohio 43215.
c)
| Name of Principal Underwriter |
Net Underwriting Discounts |
Compensation on Redemption |
Brokerage Commissions |
Other Compensation |
| Nationwide Investment Services Corporation |
N/A |
N/A |
N/A |
N/A |
Item 31A. Information about Contracts with
Index-Linked Options and Fixed Options Subject to a Contract Adjustment
Not Applicable
Item 32. Location of Accounts and
Records
Steven A. Ginnan
Nationwide Life Insurance Company
One Nationwide Plaza
Columbus, OH 43215
Nationwide Life Insurance Company
One Nationwide Plaza
Columbus, OH 43215
Item 33. Management Services
Not Applicable
Item 34. Fee Representation and Undertakings
Nationwide Life Insurance Company represents that the fees and charges deducted under the contract in the aggregate are
reasonable in relation to the services rendered, the expenses expected to be incurred and risks assumed by Nationwide Life Insurance Company.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of
1940, the Registrant certifies that it meets the requirements of Rule 485(b) under the Securities Act of 1933 for effectiveness of the Registration Statement and has duly caused this registration statement to be signed on its behalf by the undersigned, duly
authorized, in the City of Columbus, and State of Ohio, on April 27, 2026.
| Nationwide Variable Account-II |
| (Registered Separate Account) |
| By: /s/ Craig A. Hawley* |
| Craig A. Hawley President and
Chief Operating Officer |
| Nationwide Life Insurance Company |
| (Insurance Company) |
| By: /s/ Craig A. Hawley* |
| Craig A. Hawley President and
Chief Operating Officer |
Pursuant to the
requirements of the Securities Act of 1933, this registration statement has been signed by the following persons in the capacities indicated, on April 27, 2026.
| /s/ CRAIG A. HAWLEY* |
|
| Craig A. Hawley, President and Chief Operating Officer and Director (Principal Executive Officer) |
|
| /s/ KUSH V. KOTECHA* |
|
| Kush V. Kotecha, Senior Vice President-Nationwide Annuity and Director |
|
| /s/ HOLLY R. SNYDER* |
|
| Holly R. Snyder, Senior Vice President-Nationwide Life and Director |
|
| /s/ TIMOTHY G. FROMMEYER* |
|
| Timothy G. Frommeyer, Executive Vice President and Director |
|
| /s/ STEVEN A. GINNAN* |
|
| Steven A. Ginnan, Senior Vice President-Chief Financial Officer – Financial Services and Director (Chief Financial Officer) |
|
| /s/ KIRT A. WALKER* |
|
| Kirt A. Walker, Director |
|
| /s/ JAMES D. BENSON* |
|
| James D. Benson, Senior Vice President-Corporate Controller and Chief Accounting Officer (Principal Accounting Officer) |
|
| |
*By: /s/ Jamie M. Ruff |
| |
Jamie M. Ruff
Attorney-in-Fact Pursuant to Power of Attorney |
ATTACHMENTS / EXHIBITS
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