Form 485BPOS PROTECTIVE VARIABLE ANNU
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As
filed with the Securities and Exchange Commission on
File No. 333-267354
File No. 811-08108
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 ☒
PRE-EFFECTIVE AMENDMENT NO. ☐
POST-EFFECTIVE AMENDMENT NO. 5 ☒
and/or
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 ☒
Amendment No. 389 ☒
Separate Account
(Exact Name of Registered Separate Account)
Protective Life Insurance Company
(Name of Insurance Company)
2801 Highway 280 South
Birmingham, Alabama 35223
(Address of Insurance Company’s Principal Executive Offices)
(205) 268-1000
(Insurance Company’s Telephone Number, including Area Code)
BRANDON J. CAGE, Esquire
Protective Life Insurance Company
2801 Highway 280 South
Birmingham, Alabama 35223
(Name and Address of Agent for Services)
Copy to:
STEPHEN E. ROTH, Esquire
THOMAS E. BISSET, Esquire
Eversheds Sutherland (US) LLP
700 Sixth Street, N.W., Suite 700
Washington, DC 20001-3980
It is proposed that this filing will become effective (check appropriate box):
☐ immediately upon filing pursuant to paragraph (b)
☒ on May 1, 2025 pursuant to paragraph (b)
☐ 60 days after filing pursuant to paragraph (a)(1)
☐ on pursuant to paragraph (a)(1) of Rule 485 under the Securities Act of 1933 (“Securities Act”)
If appropriate, check the following box:
☐ This post-effective amendment designates a new effective date for a previously filed post-effective amendment.
Check each box that appropriately characterizes the Registrant:
☐ New Registrant (as applicable, a Registered Separate Account or Insurance Company that has not filed a Securities Act registration 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)
Title of Securities Being Registered: Interests
in a separate
account issued through variable annuity contracts.
Supplement dated May 1, 2025
(for Applications signed (or purchases under a RightTime option) on or after May 1, 2025) to the
Prospectuses dated May 1, 2025, for Protective Dimensions V Variable Annuity contracts
Issued by
Protective Life Insurance Company
Protective Variable Annuity Separate Account
This Rate Sheet Prospectus Supplement should be read carefully and retained with the Prospectus dated May 1, 2025, for the Protective Dimensions V Variable Annuity. You may obtain a current Prospectus by visiting www.protective.com/productprospectus or by calling 1-800-456-6330.
This Rate Sheet Prospectus Supplement updates the Ongoing Fees and Expenses (annual charges) for the Contract provided in the "IMPORTANT INFORMATION YOU SHOULD CONSIDER ABOUT THE CONTRACT" section of the Prospectus, Initial Summary Prospectus, and Updating Summary Prospectus, taking into account the current fees for the optional benefits disclosed in this Rate Sheet Prospectus Supplement. This Rate Sheet Prospectus Supplement also provides:
| ● | the current fee for each of the optional death benefits as described in the "DEATH BENEFIT -Selecting a Death Benefit" section of the Prospectus; |
| ● | the current SecurePay Fee as described in the "PROTECTED LIFETIME INCOME BENEFIT - SecurePay Fee" and "PROTECTED LIFETIME INCOME BENEFIT - THE SECUREPAY INCOME RIDER" sections of the Prospectus; |
| ● | the current Roll-up Percentage under the SecurePay Income rider as described in the "PROTECTED LIFETIME INCOME BENEFIT - The SecurePay Roll-up Value" section of the Prospectus; and |
| ● | the current Maximum Withdrawal Percentage under the SecurePay Income rider as described in the "PROTECTED LIFETIME INCOME BENEFIT - Determining the Amount of Your SecurePay Withdrawals" section of the Prospectus. |
This Supplement must be used in conjunction with an effective Protective Dimensions V Variable Annuity Prospectus.
This Rate Sheet Prospectus Supplement and the rates below are effective until superseded by a subsequent Rate Sheet Prospectus Supplement. For applications signed (or purchases under the RightTime option) on or after May 1, 2025, and that we receive in Good Order, we will apply the rates in this supplement up until ten calendar days after we issue a new rate sheet supplement. We must also receive at least the minimum initial Purchase Payment ($10,000) within the ten calendar days. No new Rate Sheet Prospectus Supplement that supersedes a prior Rate Sheet Prospectus Supplement will become effective unless it is filed at least 10 business days before the effective date of the new Rate Sheet Prospectus Supplement. Any new Rate Sheet Prospectus Supplement will be sent to existing Contract Owners and can be obtained as outlined below.
Before submitting your application for a Protective Dimensions V Variable Annuity, please obtain a current Rate Sheet Prospectus Supplement. To obtain a current Rate Sheet Prospectus Supplement:
| ● | Contact your financial professional |
| ● | Contact us toll-free at 1-800-456-6330 |
| ● | Go to www.protective.com/productprospectus |
| ● | Go to www.sec.gov under File No. 333-267354 |
IMPORTANT INFORMATION YOU SHOULD CONSIDER ABOUT THE CONTRACT
Ongoing Fees and Expenses (annual charges)
The table below describes the fees and expenses that you may pay each year, depending on the options you choose. 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 (1) | ||
| Investment Options (Fund fees and expenses) (2) | ||
| Optional benefits available for an additional charge (for a single optional benefit, if elected) |
(1) We calculate the Base Contract fee by dividing the total amount we receive from the annual contract maintenance fee, the mortality and expense risk charge, the administration charge, and the Premium Based Charge for the last fiscal year by the total average net assets attributable to the Contracts for that year. The Premium Based Charge is assessed during the first seven years after each Purchase Payment is made and is based upon the cumulative amount of Purchase Payments. (See "CHARGES AND DEDUCTIONS.")
(2) As a percentage of Fund assets.
(3)
(4)
Because your Contract is customizable, the options and benefits you choose can affect how much you will pay. To help you understand the cost of owning your Contract, the following table shows the lowest and highest cost you could pay each year, based on current charges. These estimates assume that you do not take any withdrawals from the Contract, which could add surrender charges that substantially increase costs.
| Lowest
Annual Cost: $ |
Highest
Annual Cost: $ |
| Assumes: | Assumes: |
|
● Investment of $100,000 ● 5% annual appreciation ● Least expensive combination of Fund fees and expenses ● No optional benefits ● No additional Purchase Payments, transfers or withdrawals ● No sales charges |
● Investment of $100,000 ● 5% annual appreciation ● Most expensive combination of optional benefits and Fund fees and expenses ● No additional Purchase Payments, transfers or withdrawals ● No sales charges |
For additional information about annual charges, see “FEE TABLE” and “CHARGES AND DEDUCTIONS” in the Prospectus.
OPTIONAL DEATH BENEFIT FEES
The current fee for each of the optional death benefits available under your Contract are as follows:
| Return of Purchase Payments Death Benefit Fee (as an annualized percentage of the death benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) | |
| Maximum Anniversary Value Death Benefit Fee (as an annualized percentage of the death benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) | |
| Maximum Quarterly Value Death Benefit Fee (as an annualized percentage of the death benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) | |
| Maximum Daily Value Death Benefit Fee (as an annualized percentage of the death benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
SECUREPAY FEE
The current SecurePay Fee applicable to your Contract is as follows:
| Purchase of SecurePay Income rider at Contract Purchase (as an annualized percentage of the Benefit Base) | |
| Purchase of SecurePay Income rider under RightTime (as an annualized percentage of the Benefit Base) |
The Roll-up Percentage applicable to your Contract will not change for the life of your Contract.ROLL-UP PERCENTAGE
7% (as a percentage of the Benefit Base)
MAXIMUM WITHDRAWAL PERCENTAGE FOR SECUREPAY INCOME
Standard Option
| Age
of (Younger) Covered Person on the Benefit Election Date |
(One Covered Person) Withdrawal Percentage (as a |
(Two Covered Persons) Withdrawal Percentage (as a |
||||
| 59.5 | 5.10% | 4.60% | ||||
| 61 | 5.15% | 4.65% | ||||
| 62 | 5.25% | 4.75% | ||||
| 63 | 5.60% | 5.10% | ||||
| 64 | 5.85% | 5.35% | ||||
| 65 | 6.20% | 5.70% | ||||
| 66 | 6.25% | 5.75% | ||||
| 67 | 6.30% | 5.80% | ||||
| 68 | 6.35% | 5.85% | ||||
| 69 | 6.40% | 5.90% | ||||
| 70 | 6.45% | 5.95% | ||||
| 71 | 6.50% | 6.00% | ||||
| 72 | 6.55% | 6.05% | ||||
| 73 | 6.60% | 6.10% | ||||
| 74 | 6.65% | 6.15% | ||||
| 75 | 6.70% | 6.20% | ||||
| 76 | 6.75% | 6.25% | ||||
| 77 | 6.80% | 6.30% | ||||
| 78 | 6.85% | 6.35% | ||||
| 79 | 6.90% | 6.40% |
| Age
of (Younger) Covered Person on the Benefit Election Date |
(One Covered Person) Withdrawal Percentage (as a |
(Two Covered Persons) Withdrawal Percentage (as a |
||||
| 80 | 6.95% | 6.45% | ||||
| 81 | 7.00% | 6.50% | ||||
| 82 | 7.05% | 6.55% | ||||
| 83 | 7.10% | 6.60% | ||||
| 84 | 7.15% | 6.65% | ||||
| 85 | 7.20% | 6.70% | ||||
| 86 | 7.25% | 6.75% | ||||
| 87 | 7.30% | 6.80% | ||||
| 88 | 7.35% | 6.85% | ||||
| 89 | 7.40% | 6.90% | ||||
| 90+ | 7.45% | 6.95% |
Advance Option (10-Year)
| Age
of (Younger) Covered Person on the Benefit Election Date |
(One Covered |
(One Covered |
(Two Covered |
(Two Covered Lifetime Withdrawal |
| 59.5 | 6.00% | 3.40% | 5.50% | 2.90% |
| 61 | 6.20% | 3.50% | 5.70% | 3.00% |
| 62 | 6.40% | 3.60% | 5.90% | 3.10% |
| 63 | 6.60% | 3.70% | 6.10% | 3.20% |
| 64 | 6.80% | 3.80% | 6.30% | 3.30% |
| 65 | 7.00% | 3.85% | 6.50% | 3.35% |
| 66 | 7.05% | 3.90% | 6.55% | 3.40% |
| 67 | 7.10% | 3.95% | 6.60% | 3.45% |
| 68 | 7.15% | 4.00% | 6.65% | 3.50% |
| 69 | 7.20% | 4.05% | 6.70% | 3.55% |
| 70 | 7.25% | 4.10% | 6.75% | 3.60% |
| 71 | 7.30% | 4.25% | 6.80% | 3.75% |
| 72 | 7.35% | 4.30% | 6.85% | 3.80% |
| 73 | 7.40% | 4.35% | 6.90% | 3.85% |
| 74 | 7.45% | 4.40% | 6.95% | 3.90% |
| 75 | 7.50% | 4.45% | 7.00% | 3.95% |
| 76 | 7.55% | 4.50% | 7.05% | 4.00% |
| 77 | 7.60% | 4.55% | 7.10% | 4.05% |
| 78 | 7.65% | 4.60% | 7.15% | 4.10% |
| 79 | 7.70% | 4.65% | 7.20% | 4.15% |
| 80 | 7.75% | 4.70% | 7.25% | 4.20% |
| 81 | 7.80% | 4.75% | 7.30% | 4.25% |
| 82 | 7.85% | 4.80% | 7.35% | 4.30% |
| 83 | 7.90% | 4.85% | 7.40% | 4.35% |
| 84 | 7.95% | 4.90% | 7.45% | 4.40% |
| 85 | 0% | 0% | 0% | 0% |
| 86 | 0% | 0% | 0% | 0% |
| 87 | 0% | 0% | 0% | 0% |
| 88 | 0% | 0% | 0% | 0% |
| 89 | 0% | 0% | 0% | 0% |
| 90 | 0% | 0% | 0% | 0% |
| 91 | 0% | 0% | 0% | 0% |
| 92 | 0% | 0% | 0% | 0% |
| 93 | 0% | 0% | 0% | 0% |
| 94 | 0% | 0% | 0% | 0% |
| 95 | 0% | 0% | 0% | 0% |
1 The Advance withdrawal percentage is guaranteed for the initial 10-year period following the Benefit Election Date.
2 The Lifetime withdrawal percentage is the withdrawal percentage guaranteed after the initial 10-year period and for the remaining life of the rider.
Advance Option (8-Year)
| Age
of (Younger) Covered Person on the Benefit Election Date |
(One Covered Guaranteed Period |
(One Covered Lifetime Withdrawal |
(Two Covered Guaranteed Period |
(Two Covered Lifetime Withdrawal |
| 59.5 | 6.45% | 3.40% | 5.95% | 2.90% |
| 61 | 6.65% | 3.50% | 6.15% | 3.00% |
| 62 | 6.85% | 3.60% | 6.35% | 3.10% |
| 63 | 7.05% | 3.70% | 6.55% | 3.20% |
| 64 | 7.25% | 3.80% | 6.75% | 3.30% |
| 65 | 7.45% | 3.85% | 6.95% | 3.35% |
| 66 | 7.55% | 3.90% | 7.05% | 3.40% |
| 67 | 7.65% | 3.95% | 7.15% | 3.45% |
| 68 | 7.75% | 4.00% | 7.25% | 3.50% |
| 69 | 7.85% | 4.05% | 7.35% | 3.55% |
| 70 | 7.95% | 4.10% | 7.45% | 3.60% |
| 71 | 8.00% | 4.25% | 7.50% | 3.75% |
| 72 | 8.05% | 4.30% | 7.55% | 3.80% |
| 73 | 8.10% | 4.35% | 7.60% | 3.85% |
| 74 | 8.15% | 4.40% | 7.65% | 3.90% |
| 75 | 8.20% | 4.45% | 7.70% | 3.95% |
| 76 | 8.25% | 4.50% | 7.75% | 4.00% |
| 77 | 8.30% | 4.55% | 7.80% | 4.05% |
| 78 | 8.35% | 4.60% | 7.85% | 4.10% |
| 79 | 8.40% | 4.65% | 7.90% | 4.15% |
| 80 | 8.45% | 4.70% | 7.95% | 4.20% |
| 81 | 8.50% | 4.75% | 8.00% | 4.25% |
| 82 | 8.55% | 4.80% | 8.05% | 4.30% |
| 83 | 8.60% | 4.85% | 8.10% | 4.35% |
| 84 | 8.65% | 4.90% | 8.15% | 4.40% |
| 85 | 0% | 0% | 0% | 0% |
| 86 | 0% | 0% | 0% | 0% |
| 87 | 0% | 0% | 0% | 0% |
| 88 | 0% | 0% | 0% | 0% |
| 89 | 0% | 0% | 0% | 0% |
| 90 | 0% | 0% | 0% | 0% |
| 91 | 0% | 0% | 0% | 0% |
| 92 | 0% | 0% | 0% | 0% |
| 93 | 0% | 0% | 0% | 0% |
| 94 | 0% | 0% | 0% | 0% |
| 95 | 0% | 0% | 0% | 0% |
1 The Advance withdrawal percentage is guaranteed for the initial 8-year period following the Benefit Election Date.
2 The Lifetime withdrawal percentage is the withdrawal percentage guaranteed after the initial 8-year period and for the remaining life of the rider.
Advance Option (5-Year)
| Age
of (Younger) Covered Person on the Benefit Election Date |
(One Covered Guaranteed Period |
(One Covered Lifetime Withdrawal |
(Two Covered Guaranteed Period |
(Two Covered Lifetime Withdrawal |
| 59.5 | 8.15% | 3.40% | 7.65% | 2.90% |
| 61 | 8.30% | 3.50% | 7.80% | 3.00% |
| 62 | 8.45% | 3.60% | 7.95% | 3.10% |
| 63 | 8.60% | 3.70% | 8.10% | 3.20% |
| 64 | 8.75% | 3.80% | 8.25% | 3.30% |
| 65 | 8.90% | 3.85% | 8.40% | 3.35% |
| 66 | 9.00% | 3.90% | 8.50% | 3.40% |
| 67 | 9.10% | 3.95% | 8.60% | 3.45% |
| 68 | 9.20% | 4.00% | 8.70% | 3.50% |
| 69 | 9.30% | 4.05% | 8.80% | 3.55% |
| 70 | 9.40% | 4.10% | 8.90% | 3.60% |
| 71 | 9.50% | 4.25% | 9.00% | 3.75% |
| 72 | 9.60% | 4.30% | 9.10% | 3.80% |
| 73 | 9.70% | 4.35% | 9.20% | 3.85% |
| 74 | 9.80% | 4.40% | 9.30% | 3.90% |
| 75 | 9.90% | 4.45% | 9.40% | 3.95% |
| 76 | 10.00% | 4.50% | 9.50% | 4.00% |
| 77 | 10.10% | 4.55% | 9.60% | 4.05% |
| 78 | 10.20% | 4.60% | 9.70% | 4.10% |
| 79 | 10.30% | 4.65% | 9.80% | 4.15% |
| 80 | 10.40% | 4.70% | 9.90% | 4.20% |
| 81 | 10.50% | 4.75% | 10.00% | 4.25% |
| 82 | 10.60% | 4.80% | 10.10% | 4.30% |
| 83 | 10.70% | 4.85% | 10.20% | 4.35% |
| 84 | 10.80% | 4.90% | 10.30% | 4.40% |
| 85 | 0% | 0% | 0% | 0% |
| 86 | 0% | 0% | 0% | 0% |
| 87 | 0% | 0% | 0% | 0% |
| 88 | 0% | 0% | 0% | 0% |
| 89 | 0% | 0% | 0% | 0% |
| 90 | 0% | 0% | 0% | 0% |
| 91 | 0% | 0% | 0% | 0% |
| 92 | 0% | 0% | 0% | 0% |
| 93 | 0% | 0% | 0% | 0% |
| 94 | 0% | 0% | 0% | 0% |
| 95 | 0% | 0% | 0% | 0% |
1 The Advance withdrawal percentage is guaranteed for the initial 5-year period following the Benefit Election Date.
2 The Lifetime withdrawal percentage is the withdrawal percentage guaranteed after the initial 5-year period and for the remaining life of the rider.
Advance Option (3-Year)
| Age
of (Younger) Covered Person on the Benefit Election Date |
(One Covered Guaranteed Period |
(One Covered Lifetime Withdrawal |
(Two Covered Guaranteed Period |
(Two Covered Lifetime Withdrawal |
| 59.5 | 10.10% | 3.40% | 9.60% | 2.90% |
| 61 | 10.25% | 3.50% | 9.75% | 3.00% |
| 62 | 10.40% | 3.60% | 9.90% | 3.10% |
| 63 | 10.55% | 3.70% | 10.05% | 3.20% |
| 64 | 10.70% | 3.80% | 10.20% | 3.30% |
| 65 | 10.85% | 3.85% | 10.35% | 3.35% |
| 66 | 11.05% | 3.90% | 10.55% | 3.40% |
| 67 | 11.25% | 3.95% | 10.75% | 3.45% |
| 68 | 11.45% | 4.00% | 10.95% | 3.50% |
| 69 | 11.65% | 4.05% | 11.15% | 3.55% |
| 70 | 11.85% | 4.10% | 11.35% | 3.60% |
| 71 | 12.05% | 4.25% | 11.55% | 3.75% |
| 72 | 12.25% | 4.30% | 11.75% | 3.80% |
| 73 | 12.45% | 4.35% | 11.95% | 3.85% |
| 74 | 12.65% | 4.40% | 12.15% | 3.90% |
| 75 | 12.85% | 4.45% | 12.35% | 3.95% |
| 76 | 13.05% | 4.50% | 12.55% | 4.00% |
| 77 | 13.25% | 4.55% | 12.75% | 4.05% |
| 78 | 13.45% | 4.60% | 12.95% | 4.10% |
| 79 | 13.65% | 4.65% | 13.15% | 4.15% |
| 80 | 13.85% | 4.70% | 13.35% | 4.20% |
| 81 | 14.05% | 4.75% | 13.55% | 4.25% |
| 82 | 14.25% | 4.80% | 13.75% | 4.30% |
| 83 | 14.45% | 4.85% | 13.95% | 4.35% |
| 84 | 14.65% | 4.90% | 14.15% | 4.40% |
| 85 | 0% | 0% | 0% | 0% |
| 86 | 0% | 0% | 0% | 0% |
| 87 | 0% | 0% | 0% | 0% |
| 88 | 0% | 0% | 0% | 0% |
| 89 | 0% | 0% | 0% | 0% |
| 90 | 0% | 0% | 0% | 0% |
| 91 | 0% | 0% | 0% | 0% |
| 92 | 0% | 0% | 0% | 0% |
| 93 | 0% | 0% | 0% | 0% |
| 94 | 0% | 0% | 0% | 0% |
| 95 | 0% | 0% | 0% | 0% |
1 The Advance withdrawal percentage is guaranteed for the initial 3-year period following the Benefit Election Date.
2 The Lifetime withdrawal percentage is the withdrawal percentage guaranteed after the initial 3-year period and for the remaining life of the rider.
If you have any questions regarding this Rate Sheet Prospectus Supplement, please contact your financial professional or us toll free at 1-800-456-6330. Please keep this Rate Sheet Prospectus Supplement for future reference.
PROSPECTUS
May 1, 2025
| |
Protective Dimensions V Variable Annuity |
| |
Protective Life Insurance Company Protective Variable Annuity Separate Account P.O. Box 10648 Birmingham, Alabama 35202‑0648 Telephone: 1‑800‑456‑6330 www.protective.com |
|
This Prospectus describes the Protective Dimensions V
Variable Annuity Contract, an individual flexible premium deferred variable and fixed annuity contract issued by Protective Life Insurance
Company. The Contract is designed for investors who desire to accumulate capital on a tax deferred basis for retirement or other long
term investment purposes, is not a short-term investment, and is not appropriate for an investor who needs ready access to cash. It may
be purchased on a non-qualified basis or for use with certain qualified retirement plans. The Contract is a complex investment and involves
risks, including potential loss of principal. Withdrawals could result in surrender charges, taxes, and tax penalties.
You generally may allocate your investment in the Contract
to the Guaranteed Account and the Sub-Accounts of the Protective Variable Annuity Separate Account (the “Variable Account”).
The value of your Contract that is allocated to the Sub-Accounts will vary according to the investment performance of the Funds in which
the selected Sub-Accounts are invested. You bear the investment risk on amounts you allocate to the Sub-Accounts. If you have purchased
the SecurePay Income rider, your options for allocating Purchase Payments and Contract Value are restricted. (See “PROTECTED LIFETIME
INCOME BENEFIT (“SECUREPAY INCOME”)”). The Funds are described in an appendix to this Prospectus. (See “APPENDIX:
INVESTMENT OPTIONS AVAILABLE UNDER THE CONTRACT.”)
This Prospectus sets forth a description of all material features of the Contract
and the Variable Account that you should know before investing. This Prospectus also describes all material state variations to the Contract.
Additional information about certain investment products, including variable annuities, has been prepared by the SEC staff and is available
at Investor.gov.
Protective Life Insurance Company’s obligations
under the Contract are subject to its financial strength and claims-paying ability.
If you are a new investor in the Contract, you may cancel
your Contract within 10 days of receiving it without paying fees or penalties. In some states, this cancellation period may be longer
or the refund amount may be different. Upon cancellation, you will receive the greater of your Purchase Payments or your Contract Value
without any deduction for fees or charges. You should review this Prospectus, or consult with your investment professional, for additional
information about the specific cancellation terms that apply.
Please read this Prospectus carefully. You should keep a
copy for future reference.
The Protective Dimensions V Variable Annuity Contract is
not a deposit or obligation of, or guaranteed by, any bank or financial institution. It is not insured by the Federal Deposit Insurance
Corporation or any other government agency, and it is subject to investment risk, including the possible loss of principal.
The SEC has not approved or disapproved these securities
or passed upon the adequacy of this Prospectus. Any representation to the contrary is a criminal offense.
PRO.DIMENSIONSV.05.25
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| | APPENDIX: EXAMPLE OF DEATH BENEFIT CALCULATIONS | | | | |
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2
SPECIAL TERMS
“We”, “us”,
“our”, “Protective Life”, and “Company” refer to Protective Life Insurance Company.
“You”, “your” and “Owner” refer to the person(s) who has been issued a Contract.
Accumulation Unit A unit of
measure used to calculate the value of a Sub-Account before the Annuity Date.
Administrative Office Protective
Life Insurance Company, P.O. Box 10648, Birmingham, Alabama 35202-0648 (for Written Notice sent by U.S. postal service) or Protective
Life Insurance Company, 2801 Highway 280 South, Birmingham, Alabama 35223 (for Written Notice sent by a nationally recognized overnight
delivery service).
Annual Withdrawal Amount or AWA The
maximum amount that may be withdrawn from the Contract under the SecurePay Income rider each Contract Year after the Benefit Election
Date without reducing the Benefit Base.
Annuity Date The date as of
which the Annuity Value is applied to an Annuity Option.
Annuity Option The payout option
under which the Company makes annuity income payments.
Annuity Value The amount
we apply to the Annuity Option you have selected. Generally, this amount is your Contract Value less any applicable fees, charges and
premium taxes.
Assumed Investment Return The
assumed annual rate of return used to calculate the amount of the variable income payments.
Benefit Base If you select
a SecurePay rider, the Benefit Base is used to determine the amount available to withdraw under the rider.
Benefit Election Date The date
you choose to start your SecurePay Withdrawals.
Code The Internal Revenue Code
of 1986, as amended.
Contract The Protective
Dimensions V Variable Annuity, a flexible premium, deferred, variable and fixed annuity contract.
Contract Anniversary The same
month and day as the Issue Date in each subsequent year of the Contract.
Contract Value Before the
Annuity Date, the sum of the Variable Account value and the Guaranteed Account value.
Contract Year Any period of
12 months commencing with the Issue Date or any Contract Anniversary.
Covered Person The
person or persons upon whose lives the benefits of SecurePay Income rider, as applicable, are based. There may not be more than two Covered
Persons.
DCA Dollar cost averaging.
DCA Accounts A part of the
Guaranteed Account, but separate from the Fixed Account. The DCA Accounts are designed to transfer amounts to the Sub-Accounts of the
Variable Account systematically over a designated period.
Death Benefit The amount we
pay to the beneficiary if an Owner dies before the Annuity Date.
Due Proof of Death Receipt
at our Administrative Office of a certified death certificate or judicial order from a court of competent jurisdiction or similar tribunal.
Excess Withdrawals Any portion
of a withdrawal that, when aggregated with all prior withdrawals during a Contract Year, exceeds the maximum withdrawal amount permitted
under the SecurePay Income rider.
Fixed Account A part of the
Guaranteed Account, but separate from the DCA Accounts. Amounts allocated or transferred to the Fixed Account earn interest from the date
the funds are credited to the account.
Fund Any investment portfolio
in which a corresponding Sub-Account invests.
Good Order (“good order”) A
request or transaction generally is considered in “Good Order” if we receive it in our Administrative Office within the
time limits, if any, prescribed in the Prospectus for a particular transaction or instruction, it includes all information necessary for
us to execute the requested instruction or transaction, and is signed by the individual or individuals authorized to provide the instruction
or engage in the transaction. A request or transaction may be rejected or delayed if not in Good Order. Good Order generally means the
actual receipt by us of the instructions relating to the request or transaction in writing (or, when permitted, by telephone or Internet
as described above) along
3
with all forms, information and supporting legal documentation we require to effect the
instruction or transaction. This information and documentation generally includes, to the extent applicable: the completed application
or instruction form; your contract number; the transaction amount (in dollars or percentage terms); the names and allocations to
and/or from the Investment Options affected by the requested transaction; the signatures of all Owners (exactly as indicated on the Contract),
if necessary; Social Security Number or Tax I.D.; and any other information or supporting documentation that we may require, including
any spousal or Joint Owner’s consents. With respect to Purchase Payments, Good Order also generally includes receipt by us of sufficient
funds to effect the purchase. We may, in our sole discretion, determine whether any particular transaction request is in Good Order, and
we reserve the right to change or waive any Good Order requirement at any time. If you have any questions, you should contact us or your
registered representative before submitting the form or request.
Guaranteed Account The Fixed
Account, the DCA Accounts and any other Investment Option we may offer with interest rate guarantees.
Investment Option Any account
to which you may allocate Purchase Payments or transfer Contract Value under this Contract. The Investment Options are the Sub-Accounts
of the Variable Account, the Fixed Account, and the DCA Accounts.
Issue Date The date as of
which we credit the initial Purchase Payment to the Contract and the date the Contract takes effect.
Maximum Annuity Date The
latest date on which you must surrender or annuitize the Contract, currently the oldest Owner’s or Annuitant’s 95th
birthday.
Monthly Anniversary Date The
same day each month as the Issue Date, or the last day of any month that does not have the same day as the Issue Date.
Owner The person or persons
who own the Contract and are entitled to exercise all rights and privileges provided in the Contract.
Prohibited Allocation Instruction An
instruction from you to allocate Purchase Payments or Contract Value or to take withdrawals that is not consistent with the Allocation
Guidelines and Restrictions required in order to maintain the SecurePay Income rider. If we receive a Prohibited Allocation Instruction,
we will terminate your SecurePay Income rider.
Purchase Payment The amount(s)
paid by the Owner and accepted by the Company as consideration for this Contract.
Qualified Contracts Contracts
issued in connection with retirement plans that receive favorable tax treatment under Sections 401, 408, 408A or 457 of the Code.
Qualified Plans Retirement
plans that receive favorable tax treatment under Sections 401, 408, 408A or 457 of the Code.
Quarterly Anniversary The
same month and day as the Contract Issue Date in each calendar quarter prior to the Annuity Date. If any Quarterly Anniversary is not
a Valuation Date, we will calculate the quarterly value as of the next Valuation Period. If, however, a Quarterly Anniversary does not
occur during a month, then we will calculate that quarterly value as of the prior Valuation Date.
Rate Sheet Prospectus Supplement A
periodic supplement to the information contained in the Prospectus which sets forth the current fees for the available optional death
benefit riders, the current fee for the SecurePay Income rider, and the current Maximum Withdrawal Percentage(s) and current roll-up percentage(s)
under the SecurePay Income rider available when you purchase your Contract. See “PROTECTED LIFETIME INCOME BENEFIT (‘SECUREPAY
INCOME’) — Determining the Amount of Your SecurePay Withdrawals.”
Rider Issue Date The date a
SecurePay Income rider is issued.
RightTime The ability to
purchase the Protected Lifetime Income Benefit rider, SecurePay Income, after your Contract is issued, so long as you satisfy the rider’s
issue requirements and the rider is still available for sale.
Sub-Account A separate division
of the Variable Account.
Valuation Date Each day on
which the New York Stock Exchange is open for business.
Valuation Period The period
which begins at the close of regular trading on the New York Stock Exchange (usually 3:00 p.m. Central Time) on any Valuation Date
and ends at the close of regular trading on the next Valuation Date.
4
A Valuation Period ends earlier if the New York Stock Exchange closes early on certain scheduled
days (such as the Friday after Thanksgiving or Christmas Eve) or in case of an emergency.
Variable Account The Protective
Variable Annuity Separate Account, a separate investment account of Protective Life.
Written Notice A notice or
request submitted in writing in Good Order that we receive at the Administrative Office via U.S. postal service or nationally recognized
overnight delivery service. Please note that we use the term “written notice” in lower case to refer to a notice that we
may send to you.
5
OVERVIEW OF THE VARIABLE ANNUITY
CONTRACT
Q: What is this Contract, and what is
it designed to do?
A: The Protective Dimensions V Variable Annuity Contract
is designed to provide long-term accumulation of assets through investments in a variety of Investment Options during the accumulation
phase. It can supplement your retirement income by providing a stream of income payments during the payout phase. It also offers death
benefits to protect your beneficiaries. This Contract may be appropriate if you have a long investment time horizon. It is not intended
for people who may need to make early or frequent withdrawals or intend to engage in frequent trading in the Funds, and may not be appropriate
for you if you do not have a long-term investment horizon.
Q: How do I accumulate assets in this
Contract and receive income from the Contract?
A: Your Contract has two phases: 1) an accumulation (savings)
phase: and 2) a payout (income) phase.
?
1.
Accumulation
(Savings) Phase
To help you accumulate assets, you
can invest your Purchase Payments in:
?
•
Funds
(mutual funds), each of which has its own investment strategies, investment advisers, expense ratios, and returns; and
?
•
The Fixed
Account option, which offers a guaranteed interest rate during a selected period.
Additional information
about the Funds in which you can invest is provided in the back of this Prospectus. See APPENDIX: INVESTMENT OPTIONS AVAILABLE UNDER THE
CONTRACT.
?
2.
Payout
(Income) Phase
You can elect to annuitize your Contract
and turn your Contract Value into a stream of income payments (sometimes called annuity payments) from the Company, at which time the
accumulation phase of the Contract ends. These payments may continue for a fixed period of years, for your entire life, or for the longer
of a fixed period or your life. The payments may also be fixed or variable. Variable payments will vary based on the performance of the
Investment Options you select. Please note that if you annuitize, your investments will be converted to income payments and you may no
longer be able to choose to withdraw money at will from your Contract. All benefits (including guaranteed minimum death benefits and living
benefits) terminate upon annuitization.
Q: What are the primary features and
options that this Contract offers?
A: Accessing your money.
Until you annuitize, you have full access to your money. You can choose to withdraw your Contract Value at any time (although if you withdraw
early, you may have to pay surrender charges and income taxes, including an additional tax if you are younger than age 59½).
Tax treatment.
You can transfer money between Investment Options without tax implications, and earnings (if any) on your investments are generally tax-deferred.
You are generally taxed when: (1) you make a withdrawal or (2) you receive an income payment from the Contract. Your beneficiary
is taxed upon payment of a death benefit. For more information, see “Federal Tax Matters”.
Death benefits.
Your Contract includes a basic death benefit, the Contract Value Death Benefit, that will pay your beneficiaries the Contract Value as
of the date we receive Due Proof of Death, minus applicable fees and charges. You can purchase optional death benefits for an additional
fee. These death benefits may increase the amount of money payable to your beneficiaries upon your death.
Optional benefits
that occur during your lifetime. For an additional fee, you can purchase a Protected Lifetime Income Benefit rider (the SecurePay
Income rider) to help protect your retirement income from declining markets and/or provide income guarantees to help protect you from
outliving your assets, while still maintaining access to your money.
Portfolio rebalancing
and dollar cost averaging. At no additional charge, you may select portfolio rebalancing, which automatically rebalances the Sub-Accounts
you select to maintain your chosen percentage allocation of Variable Account value among the Sub-Accounts. Alternatively, at no additional
charge, you may select dollar cost averaging (DCA), which automatically transfers a specific amount of money from the DCA Account or the
Fixed Account to the Sub-Accounts you have selected, at set intervals over a specific period of time. If you purchase the SecurePay Income
rider, we will automatically enroll you in the portfolio rebalancing program.
Automatic withdrawals.
You may make pre-authorized withdrawals of a level dollar amount from the Contract on a monthly or quarterly basis before the Annuity
Date. There is no charge for the automatic withdrawal program. However,
6
if, during a Contract Year, the amount of the withdrawals exceeds the
annual free withdrawal amount, we will deduct a surrender charge. You may also have to pay income taxes, including a 10% additional tax
if you are younger than age 59½.
IMPORTANT INFORMATION YOU SHOULD CONSIDER
ABOUT THE CONTRACT
| |
FEES, EXPENSES, AND ADJUSTMENTS |
| |||
| | Are There Charges or Adjustments for Early Withdrawals? |
Yes. If you surrender or make a withdrawal from your Contract within seven (
For example, assume you purchased a Contract with a single Purchase Payment of $100,000 and surrender the
Contract during the first Contract Year. Your free withdrawal amount is $10,000 (10% x $100,000) and is not subject to a surrender charge.
If you were subject to the highest surrender charge percentage, you could be assessed a withdrawal charge of up to $
For additional information about charges for surrenders and early withdrawals, see “CHARGES AND DEDUCTIONS
– Surrender Charge (Contingent Deferred Sales Charge)” in the Prospectus. |
| ||
| | Are There Transaction Charges? |
Yes. In addition to surrender charges, you may also be assessed a fee for each transfer after
the first 12 transfers in a Contract Year. Currently, we do not assess this charge.
For additional information about transaction charges, see “FEE TABLE – Transaction Expenses”
and “CHARGES AND DEDUCTIONS” in the Prospectus. |
| ||
| | Are There Ongoing Fees and Expenses (annual charges)? | | |
Yes. The table below describes the fees and expenses that you
may pay each year, depending on the options you choose. 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 (1) | | |
|
| |
|
|
| | Investment options (Fund fees and expenses) (2) | | |
|
| |
|
|
| | Optional benefits available for an additional charge (for a single optional benefit, if elected) | | |
See Rate
Sheet Prospectus Supplement (3) |
| |
See Rate
Sheet Prospectus Supplement (4) |
|
(1)
We
calculate the Base Contract fee by dividing the total amount we receive from the annual contract maintenance fee, the mortality and expense
risk charge, the administration charge and the Premium Based Charge for the last fiscal year by the total average net assets attributable
to the Contracts for that year. The Premium Based Charge is assessed during the first seven years after each Purchase Payment is made
and is based upon the cumulative amount of Purchase Payments. (See “CHARGES AND DEDUCTIONS.”)
(2)
As a percentage of Fund assets.
(3)
(4)
As
an annualized percentage of the Benefit Base on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date following
election of the rider. This charge is the current charge for the SecurePay Income Rider under the RightTime Option, the most expensive
optional benefit available for an additional charge.
Because your Contract is customizable, the options and
benefits you choose can affect how much you will pay. To help you understand the cost of owning your Contract, the following table shows
the lowest and highest cost you could pay each year, based
7
on current charges. These estimates assume that you do not take any withdrawals
from the Contract, which could add surrender charges, that substantially increase costs.
| |
Lowest Annual Cost: See Rate Sheet Prospectus Supplement |
| |
Highest Annual Cost: See Rate Sheet Prospectus Supplement |
|
| | Assumes: | | | Assumes: | |
| |
•
Investment of $100,000
•
5% annual appreciation
•
Least expensive combination of Base
Contract fee and Fund fees and expenses
•
No optional benefits
•
No additional Purchase Payments,
transfers or withdrawals
•
No sales charges
|
| |
•
Investment of $100,000
•
5% annual appreciation
•
Most expensive combination of Base
Contract fee, optional benefits and Fund fees and expenses
•
No additional Purchase Payments,
transfers, or withdrawals
•
No sales charges
|
|
For additional information about annual charges, please
see “FEE TABLE” and “CHARGES AND DEDUCTIONS” in the Prospectus.
| |
RISKS |
| |||
| | Yes. You can lose money by investing in this Contract, including loss of principal.
For additional information about the risk of loss, see “PRINCIPAL RISKS OF INVESTING
IN THE CONTRACT” in the Prospectus. |
| |||
| | Is this a Short-Term Investment? |
No. This Contract is not a short-term investment and is not appropriate for an investor who
needs ready access to cash. Although you are permitted to take withdrawals or surrender the Contract, surrender charges and federal and
state income taxes may apply.
Surrender charges may apply for up to seven (7) years following your last Purchase Payment. Withdrawals will
reduce your Contract Value and death benefit.
The benefits of tax deferral and living benefit protections also mean the Contract is less beneficial to
investors with a short time horizon.
For additional information about the investment profile of the Contract, see “PRINCIPAL RISKS OF INVESTING
IN THE CONTRACT,” “CHARGES AND DEDUCTIONS,” ”FEDERAL TAX MATTERS,” and “TAXATION OF ANNUITIES
IN GENERAL” in the Prospectus. |
| ||
| | What Are the Risks Associated with the Investment Options? |
An investment in this Contract is subject to the risk of poor investment performance and can vary depending on the performance of
the Investment Options available under the Contract.
Each Investment Option (including the Guaranteed Account) has its own unique risks.
You should review the prospectuses for the available Funds and consult with your financial professional before
making an investment decision.
For additional information about the risks associated with Investment Options, see “PRINCIPAL RISKS
OF INVESTING IN THE CONTRACT” in the Prospectus. |
| ||
| | What Are the Risks Related to the Insurance Company? |
An investment in the Contract is subject to the risks related to the Company. Any obligations (including under the Guaranteed Account),
guarantees, or benefits under the Contract are subject to the claims-paying ability of the Company. More information about the Company,
including its financial strength ratings, is available upon request at no charge by calling us at 1-800-456-6330
or writing us at the address shown on the cover page.
For additional information about Company risks, see “PRINCIPAL RISKS OF INVESTING IN THE CONTRACT,”
and “THE COMPANY, VARIABLE ACCOUNT AND FUNDS” in the Prospectus. |
| ||
8
?
| |
RESTRICTIONS |
| |||
| | Are There Restrictions on theInvestment Options? |
Yes. Currently, there is no charge when you transfer Contract Value among Investment Options.
However, we reserve the right to charge $25 for each transfer after the first 12 transfers in any Contract Year in the future.
We reserve the right to remove or substitute Funds as Investment Options that are available under the Contract.
We also reserve the right to restrict the allocation of additional Purchase Payments and/or transfers of Contract Value to a Fund if we
determine the Fund no longer meets one or more of our Fund selection criteria and/or if a Fund has not attracted significant contract
owner assets.
For additional information about Investment Options, see “CHARGES AND DEDUCTIONS – Transfer
Fee” and “THE COMPANY, VARIABLE ACCOUNT AND FUNDS – Selection of Funds – Addition, Deletion or Substitution
of Investments” in the Prospectus. |
| ||
| | Are there any Restrictions on Contract Benefits? |
Yes. If you select a Protected Lifetime Income Benefit rider:
•
The Investment Options available
to you under the Contract will be limited.
•
You may not make additional Purchase
Payments two years or more after the Rider Issue Date or on or after the Benefit Election Date, whichever comes first.
• Withdrawals from Contract Value that exceed the Annual Withdrawal Amount under the
rider may significantly reduce or eliminate the rider benefits.
We may stop offering an optional benefit rider at any time.
If you purchase an optional death benefit, withdrawals may reduce the benefit by an amount greater than the
value withdrawn.
For additional information about the optional benefits, see “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”)” and “DEATH BENEFIT - Selecting a Death Benefit” in the Prospectus. |
| ||
| |
TAXES |
| |||
| | What Are the Contract’s Tax Implications? |
You should consult with a qualified tax advisor regarding the federal tax implications of an investment in, payments received under,
and other transactions in connection with this Contract.
If you purchase the Contract through a tax-qualified plan or individual retirement arrangement (IRA), you
do not get any additional tax deferral. Generally, all earnings on the investments underlying the Contract are tax-deferred until distributed
or deemed distributed. A distribution from a non-Qualified Contract, which includes a surrender, withdrawal, payment of a death benefit,
or annuity income payments, will generally result in taxable income if there has been an increase in the Contract Value. In the case of
a Qualified Contract, a distribution generally will result in taxable income even if there has not been an increase in the Contract Value.
In certain circumstances, a
For additional information about tax implications, see “FEDERAL TAX MATTERS” and “TAXATION
OF ANNUITIES IN GENERAL” in the Prospectus. |
| ||
9
| |
CONFLICTS OF INTEREST |
| |||
| | How Are Investment Professionals Compensated? |
We pay compensation, in the form of commissions, non-cash compensation, and asset-based compensation, to broker-dealers in connection
with the promotion and sale of the Contracts. A portion of any payments made to the broker-dealers may be passed on to their registered
representatives in accordance with their internal compensation programs. The prospect of receiving, or the receipt of, asset-based compensation
may provide broker-dealers and/or their registered representatives with an incentive to recommend initial or continued investment in the
Contracts over other variable insurance products (or other investments). You may wish to take such compensation arrangements into account
when considering and evaluating any recommendation relating to the Contracts.
For additional information about compensation, see “DISTRIBUTION OF THE CONTRACTS” in the Prospectus. |
| ||
| | Should I Exchange My Contract? |
Some investment professionals may have a financial incentive to offer you a new contract in place of the contract you already own.
You should only exchange your current contract if you determine, after comparing the features, fees, and risks of both contracts, that
it is better for you to purchase the new contract rather than continue to own your existing contract.
For additional information about exchanges, see “TAXATION OF ANNUITIES IN GENERAL – Exchanges
of Annuity Contracts” in the Prospectus. |
| ||
10
FEE TABLE
The following tables describe the fees and expenses that
you will pay when buying, owning, and surrendering or making withdrawals from the Contract. Please refer to your Contract specifications
page for information about the specific fees you will pay each year based on the options you have elected.
The first table describes the fees and charges that you will
pay at the time you buy the Contract, surrender or make withdrawals from the Contract, or transfer Contract Value between Investment Options.
State premium taxes may also be deducted.
TRANSACTION EXPENSES
| |
Maximum Surrender Charge (as a % of amount surrendered) (1)
|
| |
|
|
| |
Transfer Fee (2)
|
| |
$
|
|
(1)
The surrender
charge is based upon cumulative Purchase Payments as of the date each Purchase Payment is applied to the Contract, and decreases over
time. The total of surrender charges assessed and Premium Based Charges deducted will not exceed 9 %
of aggregate Purchase Payments. (See “CHARGES AND DEDUCTIONS, Determining the Surrender Charge.”)
(2)
Protective Life
currently does not charge this Transfer Fee, but reserves the right to do so in the future for each transfer after the first 12 transfers
in any Contract Year. We will give written notice thirty (30) days before we impose a Transfer Fee. (See “CHARGES AND DEDUCTIONS,
Transfer Fee” in the Prospectus.)
The next table describes the fees and expenses that you will pay each
year during the time that you own the Contract, not including Fund fees and expenses. If you choose to purchase an optional benefit,
you will pay additional charges, as shown below.
ANNUAL CONTRACT EXPENSES
| |
Administrative Expenses(1)
|
| |
$
|
|
| |
Base Contract Expenses (as a percentage of average Variable Account value)(2)
|
| |
|
|
| |
Maximum Premium Based Charge (as an annualized percentage of each Purchase Payment,
deducted quarterly)(3) |
| |
|
|
Optional Benefit Expenses
| | | |
Maximum |
| |
Current |
|
|
Return of Purchase Payments Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date)(4)
|
| |
|
| |
See Rate Sheet Prospectus Supplement |
|
|
Maximum Anniversary Value Death Benefit Fee (as an annualized percentage of the
death benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date)(5)
|
| |
|
| |
See Rate Sheet Prospectus Supplement |
|
|
Maximum Quarterly Value Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date)(6)
|
| |
|
| |
See Rate Sheet Prospectus Supplement |
|
|
Maximum Daily Value Death Benefit Fee (as an annualized percentage of the death benefit
value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date)(7)
|
| |
|
| |
See Rate Sheet Prospectus Supplement |
|
11
Protected Lifetime Income Benefits
SecurePay Income Rider Fee (as an annualized percentage
of the Benefit Base on each Monthly Anniversary Date, beginning with the 1st Monthly Anniversary Date following election of the rider)(8)(9)
| | | |
Maximum |
| |
Current |
| |||
|
Purchase of SecurePay Income rider at Contract Purchase |
| | | | | | |
See Rate Sheet Prospectus Supplement |
| |
|
Purchase of SecurePay Income rider under RightTime |
| | | | | | |
See Rate Sheet Prospectus Supplement |
| |
(1)
Includes the annual contract maintenance
fee. We will waive the annual contract maintenance fee if your Contract Value or aggregate Purchase Payments, reduced by surrenders and
surrender charges, is $75,000 or more. (See “CHARGES AND DEDUCTIONS, Contract Maintenance Fee” in the Prospectus.)
(2)
Base Contract Expenses include a
mortality and expense risk charge equal on an annual basis to 0.55 %
of the average daily net assets of the Variable Account attributable to your Contract and an administration charge equal on an annual
basis to 0.10 %
of average daily net assets of the Variable Account attributable to your Contract.
(3)
The Premium Based Charge is assessed
during the first seven years after each Purchase Payment is made and is based upon the cumulative amount of Purchase Payments. (See “CHARGES
AND DEDUCTIONS.”)
(4)
The Return of Purchase Payments
Death Benefit is equal to the greater of (i) your Contract Value, or (ii) your Purchase Payments less an adjustment for withdrawals.
For more information on these death benefit values and fees, and how they are calculated, please see the “DEATH BENEFIT”
and “CHARGES AND DEDUCTIONS, Death Benefit Fees” sections in the Prospectus.
(5)
The Maximum Anniversary Value Death
Benefit is equal to the greatest of (i) your Contract Value, (ii) your Purchase Payments less an adjustment for withdrawals,
or (iii) the highest anniversary value of the Contract before the Owner’s 83rd
birthday. For more information on these death benefit values and fees, and how they are calculated, please see the “DEATH BENEFIT”
and “CHARGES AND DEDUCTIONS, Death Benefit Fees” sections in the Prospectus.
(6)
The Maximum Quarterly Value Death
Benefit is equal to the greatest of (i) your Contract Value, (ii) your Purchase Payments less an adjustment for withdrawals,
or (iii) the highest quarterly value of the Contract before the Owner’s 83rd
birthday. For more information on these death benefit values and fees, and how they are calculated, please see the “DEATH BENEFIT”
and “CHARGES AND DEDUCTIONS, Death Benefit Fees” sections in the Prospectus.
?
(7)
The Maximum Daily
Value Death Benefit is equal to the greatest of (i) your Contract Value, (ii) your Purchase Payments less an adjustment for withdrawals,
or (iii) the maximum death benefit daily value of the Contract before the Owner’s 83rd birthday. For more information on these
death benefit values and fees, and how they are calculated, please see the “DEATH BENEFIT” and “CHARGES AND DEDUCTIONS,
Death Benefit Fee” sections in the Prospectus.
(8)
We deduct the fee for the SecurePay
Income rider monthly from your Contract Value in the Sub-Accounts of the Variable Account on the Valuation Date that occurs after each
Valuation Period containing a Monthly Anniversary Date. The SecurePay Fee is not deducted from your Contract Value in the DCA Accounts.
For more information about the SecurePay Fee, our right to increase the fee in the future and your right to not to elect such increases.
See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”) — SecurePay Fee” in the Prospectus.
(9)
The Benefit Base is a value used
to calculate the Annual Withdrawal Amounts, and the fees charged, under the SecurePay Income rider. If the rider is purchased at issue,
your initial Benefit Base is equal to your initial purchase payments. If the rider is added through RightTime, your initial Benefit Base
is equal to your Contract Value on the Rider Issue Date. For more information on the SecurePay rider, the Benefit Base, and how it is
calculated, see “THE SECUREPAY INCOME RIDER” in the Prospectus.
12
The next table shows the minimum and maximum total operating
expenses charged by the Funds that you may pay periodically during the time that you own the Contract. A complete list of Funds available
under the Contract, including their annual expenses, can be found in an Appendix to this Prospectus. (See “APPENDIX: INVESTMENT
OPTIONS AVAILABLE UNDER THE CONTRACT.”)
ANNUAL FUND EXPENSES
| | | |
Minimum |
| |
Maximum |
| ||||||
|
Annual Fund Expenses before any waivers or expense
reimbursements (expenses that are deducted from Fund assets, including management fees, distribution and/or service (12b-1) fees, and
other expenses) |
| | | | | | | | | | | ||
|
Annual Fund Expenses after any waivers or expense reimbursements (1)
|
| | | | | | | | | | | ||
(1)
The “Annual
Fund Expenses after any waivers or expense reimbursements” line in the above table shows
the range of minimum and maximum fees and expenses based on the expenses of all Funds after taking into account contractual fee waiver
or expense reimbursement arrangements in place. Those contractual arrangements are designed to reduce total annual Fund operating expenses
for Contract Owners and will continue past the current year.
Example
The following examples are intended to help you compare the
cost of investing in the Contract with the cost of investing in other variable annuity contracts. The examples show the costs of investing
in the Contract, including transaction expenses, administrative expenses, base contract expenses, any optional rider charges, and Annual
Fund Expenses.
The examples assume that you invest $100,000 in the Contract
for the periods indicated. The examples also assume that your investment has a 5% return each year and assumes the most expensive and
least expensive combination of Annual Fund Expenses.
•
The first example assumes that you
purchased the SecurePay Income rider with RightTime at the maximum and current rider fees.
•
The second example assumes that
you have not purchased the SecurePay Income rider.
?
•
The examples
also assume that the Maximum Daily Value Death Benefit is in effect, and that all Contract Value is allocated to the Variable Account.
The examples do not reflect transfer fees.
•
The examples do not reflect premium
taxes, which may range up to 3.5% depending on the jurisdiction.
Although your actual costs may be higher or lower, based on these assumptions,
your costs would be:
1.
If you purchased the SecurePay
Income rider under RightTime:
a.
If you surrender the Contract at
the end of the applicable time period:
i.
reflecting the maximum charge:
| | | |
1 year |
| |
3 years
|
| |
5 years
|
| |
10 years
|
| ||||||||||||
|
Maximum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
|
Minimum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
ii.
reflecting the current charge:
| | | |
1 year |
| |
3 years
|
| |
5 years
|
| |
10 years
|
| ||||||||||||
|
Maximum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
|
Minimum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
13
b.
If you annuitize(1)
or remain invested in the Contract at the end of the applicable time period:
i.
reflecting the maximum charge:
| | | |
1 year |
| |
3 years
|
| |
5 years
|
| |
10 years
|
| ||||||||||||
|
Maximum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
|
Minimum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
ii.
reflecting the current charge:
| | | |
1 year |
| |
3 years
|
| |
5 years
|
| |
10 years
|
| ||||||||||||
|
Maximum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
|
Minimum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
2.
If you have not purchased the SecurePay
Income rider:
a.
If you surrender the Contract at
the end of the applicable time period:
i.
reflecting the maximum charge:
| | | |
1 year |
| |
3 years
|
| |
5 years
|
| |
10 years
|
| ||||||||||||
|
Maximum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
|
Minimum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
ii.
reflecting the current charge:
| | | |
1 year |
| |
3 years
|
| |
5 years
|
| |
10 years
|
| ||||||||||||
|
Maximum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
|
Minimum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
b.
If you annuitize(1)
or remain invested in the Contract at the end of the applicable time period:
i.
reflecting the maximum charge:
| | | |
1 year |
| |
3 years
|
| |
5 years
|
| |
10 years
|
| ||||||||||||
|
Maximum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
|
Minimum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
ii.
reflecting the current charge:
| | | |
1 year |
| |
3 years
|
| |
5 years
|
| |
10 years
|
| ||||||||||||
|
Maximum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
|
Minimum Fund Expense |
| | | $ | | | | | $ | | | | | $ | | | | | $ | | | ||||
Please remember that the examples are an
illustration and do not guarantee the amount of future expenses. Your actual expenses may be higher or lower than those shown. Similarly,
your rate of return may be more or less than the 5% rate of return assumed in the examples.
(1)
You may not
annuitize your Contract within 3 years after we accept your most recent Purchase Payment. For more information, see “ANNUITY PAYMENTS,
Annuity Date, Changing the Annuity Date.” Neither the death benefit fee nor the SecurePay Fee apply after the Annuity Date.
14
PRINCIPAL RISKS OF INVESTING IN THE CONTRACT
Unsuitable as Short-Term Savings Vehicle.
The Contract is intended for retirement savings or other long-term investment purposes. It is not suitable as a short-term savings vehicle.
This means if you plan to withdraw money or surrender the Contract for short-term needs, it may not be the right investment for you. A
charge may be assessed on withdrawals and surrenders, and it could be substantial. Withdrawals can reduce the value of the optional Return
of Purchase Payments Death Benefit, Maximum Anniversary Value Death Benefit, Maximum Quarterly Value Death Benefit, or Maximum Daily Value
Death Benefit by more than the amount withdrawn. In addition, if you purchase a Protected Lifetime Income Benefit rider and your withdrawals
from Contract Value exceed the annual withdrawal amount under the rider, your rider benefits may be significantly reduced or eliminated.
Please discuss your insurance needs and financial objectives with your financial professional.
Investment Risk. You bear the risk
of any decline in the Contract Value of your Contract resulting from the performance of the Funds you have chosen. The Contract Value
could decline very significantly, and there is a risk of loss of the entire amount invested. This risk varies with each Fund. This risk
could have a significant negative impact on certain benefits and guarantees under the Contract as well as the Benefit Base if you select
a Protected Lifetime Income Benefit rider under the RightTime option and your ability to increase the Benefit Base if you select a Protected
Lifetime Income Benefit rider either at Contract Issue or later under the RightTime option. The investment risks are described in the
prospectuses for the Funds.
Tax Consequences. Generally all
earnings are tax-deferred until withdrawn or until annuity income payments begin. If you purchase the Contract through a tax-qualified
plan or IRA, you do not get any additional tax deferred benefit. Distributions (which include surrenders, withdrawals, or payment of death
benefits) from non-Qualified Contracts will generally result in taxable income if Contract Value has increased. Distributions from Qualified
Contracts will generally result in taxable income even if Contract Value has not increased. All amounts includable in income with respect
to the Contract are taxed at ordinary income tax rates. In certain circumstances, a 10% additional tax may also apply if the Owner takes
a withdrawal before age 59½. See “Federal Tax Matters.”
Protected Lifetime Income Benefit Risk.
If you select the SecurePay Income rider, you must allocate your Purchase Payments and Contract Value in accordance with certain guidelines
and restrictions, which will limit or restrict the Investment Options available to you under the Contract. If you fail to allocate your
Purchase Payments and Contract Value in accordance with the guidelines and restrictions, the optional benefit rider will terminate. If
the optional benefit terminates and you have not made any additional Purchase Payments after termination of the rider, within 30 days
you may instruct us to reinstate the rider subject to certain conditions we require. Your ability to make additional Purchase Payments
after the Rider Issue Date will be limited. If you purchase the SecurePay Income rider and your withdrawals from Contract Value exceed
the Annual Withdrawal Amount under the rider, your rider benefits may be significantly reduced or eliminated. We may stop offering an
optional benefit rider at any time. For additional information about the optional benefits, see “PROTECTED LIFETIME INCOME BENEFIT
(“SECUREPAY INCOME”)” in the Prospectus.
Company Risk. An investment in the
Contract is subject to the risks related to Protective Life. Any obligations (including under the Guaranteed Account, death benefits,
and any Protected Lifetime Income Benefit), guarantees, or benefits are subject to the claims-paying ability of Protective Life. More
information about Protective Life, including its financial strength ratings, is available upon request at no charge by calling us at 1-800-456-6330
or writing to us at the address shown on the cover page of this Prospectus.
Business Disruption and Cyber-Security
Risks. We rely heavily on interconnected computer systems and digital data to conduct our variable product business activities.
Because our variable product business is highly dependent upon the effective operation of our computer systems and those of our business
partners, our business is vulnerable to disruptions from utility outages, and susceptible to operational and information security risks
resulting from information systems failure (e.g., hardware and software malfunctions), and cyber-attacks.
These risks include, among other things, the theft, misuse, corruption and destruction of data maintained online or digitally, interference
with or denial of service, attacks on websites and other operational disruption and unauthorized release of confidential Owner information.
Such systems failures and cyber-attacks affecting us, the Funds, intermediaries and other affiliated or third-party service providers
may adversely affect us and your Contract Value. For instance, systems failures and cyber-attacks may interfere with our processing of
Contract transactions, including the processing of orders from our website or with the Funds, impact our ability to calculate Contract
Value, or the Funds’ ability to calculate share values, cause the release and possible destruction of confidential customer or
business information, impede order processing, subject us and/or our service providers and intermediaries to regulatory fines and financial
losses and/or cause reputational damage. Cyber security risks may also impact the issuers of securities in which the Funds invest, which
may cause the Funds underlying your Contract to lose value. In addition, the risk of cyber-attacks may be higher during periods of geopolitical
turmoil. Due to increasing sophistication of cyber-attacks, a cybersecurity breach could occur and persist for an extended period of time
without detection. There can be no assurance that we or the Funds or our service providers will avoid losses affecting your Contract due
to cyber-attacks or information security breaches in the future.
15
We are also exposed to risks related to natural and man-made disasters and catastrophes,
such as storms, fires, floods, earthquakes, epidemics, pandemics, malicious acts, and terrorist acts, which could adversely affect our
ability to conduct business. A natural or man-made disaster or catastrophe, including a pandemic (such as the coronavirus COVID-19), could
affect the ability, or willingness, of our workforce and employees of service providers and third party administrators to perform their
job responsibilities. Catastrophic events may negatively affect the computer and other systems on which we rely and may interfere with
our processing of Contract-related transactions, including processing of orders from Owners and orders with the Funds, impact our ability
to calculate Contract Value, or have other possible negative impacts. These events may also impact the issuers of securities in which
the Funds invest, which may cause the Funds underlying your Contract to lose value. There can be no assurance that we, the Funds or our
service providers will avoid losses affecting your Contract due to a natural disaster or catastrophe.
Purchase Payment Risk. We reserve
the right to refuse any Purchase Payment and to further limit your ability to make subsequent Purchase Payments. If we exercise our right
to suspend, reject, and/or place limitations on the acceptance of subsequent Purchase Payments, you may be unable to, or limited in your
ability to, increase your Contract Value through subsequent Purchase Payments and therefore likewise limited in your ability to increase
your death benefits and the values of a Protected Lifetime Income Benefit rider. This could also prevent you from making future contributions
to a Qualified Contract, including periodic contributions to an employer-sponsored retirement plan or an IRA. The Company restricts Purchase
Payments in connection with the Protected Lifetime Income Benefit riders. We will also not accept Purchase Payments (i) on or after the
earlier of the oldest Owner’s and Annuitant’s 86th
birthday or (ii) within 3 years of the Annuity Date. For additional information about Purchase Payments, see “PURCHASE PAYMENTS”
in the Prospectus.
THE COMPANY, VARIABLE ACCOUNT AND FUNDS
Protective Life Insurance Company
The Contracts are issued by Protective Life. Protective
Life is a Nebraska corporation that was founded in 1907. Following its receipt of an Order Approving Redomestication on December 20, 2024,
Protective Life redomesticated from Tennessee to Nebraska, and became an insurance company domiciled in the State of Nebraska as of December
31, 2024. Protective Life’s address is P.O. Box 10648, Birmingham, Alabama 35202-0648. Protective Life markets individual life
insurance, credit life and disability insurance, guaranteed investment contracts, guaranteed funding agreements, fixed and variable annuities
and extended service contracts. Protective Life is currently licensed to transact life insurance business in 49 states and the District
of Columbia. Protective Life is the principal operating subsidiary of Protective Life Corporation (“PLC”), a U.S. insurance
holding company and a wholly-owned subsidiary of Dai-ichi Life Holdings, Inc. (“Dai-ichi”). Dai-ichi’s stock is traded
on the Tokyo Stock Exchange. For more information about us, go to www.protective.com.
Protective Variable Annuity Separate Account
The Protective Variable Annuity Separate Account is
a separate investment account of Protective Life. The Variable Account was established under Tennessee law by the Board of Directors of
Protective Life on October 11, 1993. On December 31, 2024, Protective Life changed to a Nebraska corporation and, accordingly, the
Variable Account currently operates under the laws and regulations of Nebraska. The Variable Account is registered with the Securities
and Exchange Commission (the “SEC”) as a unit investment trust under the Investment Company Act of 1940, as amended (the
“1940 Act”), and meets the definition of a separate account under federal securities laws.
Protective Life owns the assets of the Variable Account. These assets are
held separate from other assets and are not part of Protective Life’s general account. You assume all of the investment risk for
Purchase Payments and Contract Value allocated to the Sub-Accounts. Your Contract Value in the Sub-Accounts is part of the assets of the
Variable Account. The portion of the assets of the Variable Account equal to the reserves and other contract liabilities (which is equal
to Contract Value) of the Variable Account will not be charged with liabilities that arise from any other business Protective Life conducts.
Protective Life may transfer to its general account any assets which exceed the reserves and other contract liabilities (which is equal
to Contract Value) of the Variable Account. Protective Life may accumulate in the Variable Account the charge for mortality and expense
risks and investment results applicable to those assets that are in excess of the net assets supporting the contracts. The income, gains
and losses, both realized and unrealized, from the assets of the Variable Account are credited to or charged against the Variable Account
without regard to any other income, gains or losses of Protective Life. The obligations under the Contracts are obligations of Protective
Life.
If you select the SecurePay Income rider, your options for allocating Purchase
Payments and Contract Value will be restricted. You must allocate your Purchase Payments and Contract Value in accordance with our Allocation
Guidelines and Restrictions. In general, the required allocations under these guidelines focus on conservative, high quality bond
16
funds; combine bond funds and growth stock funds; or emphasize growth stock funds while
including a significant weighing of bond funds with a goal of seeking to provide income and/or capital appreciation while avoiding excessive
risk. (See “ALLOCATION GUIDELINES AND RESTRICTIONS FOR SECUREPAY INCOME RIDER.”)
Administration
Protective Life Insurance Company performs the Contract administration at
its Administrative Office at 2801 Highway 280 South, Birmingham, Alabama 35223. Contract administration includes processing applications
for the Contracts and subsequent Owner requests; processing Purchase Payments, transfers, surrenders and death benefit claims as well
as performing record maintenance and disbursing annuity income payments.
The Funds
Information regarding each Fund is included in an Appendix
to this Prospectus. (See “APPENDIX: INVESTMENT OPTIONS AVAILABLE UNDER THE CONTRACT.”) The Appendix includes the following
information about each Fund:
•
Fund name;
•
Type of Fund;
•
Investment adviser and any
sub-adviser;
•
Current expenses; and
•
Performance.
Each Fund has issued a prospectus. Before you invest, you should review
the prospectuses for the Funds. These prospectuses contain more detailed information about the Funds and their risks and may be amended
from time to time. You can find the prospectuses and other information about the Funds online at www.protective.com/eprospectus. You can
also request this information at no cost by calling 800-456-6330 or sending an email request to [email protected].
If you select the SecurePay Income rider your options for allocating Purchase
Payments and Contract Value will be restricted, to limit the risk that we will be required to make lifetime payments from our general
account. You must allocate your Purchase Payments and Contract Value in accordance with our Allocation Guidelines and Restrictions. In
general, the required allocations under these guidelines focus on conservative, high quality bond funds, combine bond funds and growth
stock funds, or emphasize growth stock funds while including a significant weighting of bond funds with a goal of seeking to provide income
and/or capital appreciation while avoiding excessive risk. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”)
- ALLOCATION GUIDELINES AND RESTRICTIONS FOR SECUREPAY INCOME RIDER.”)
Shares of the Funds are offered only to:
1.
the Variable Account;
2.
other separate accounts of Protective
Life and its affiliates supporting variable annuity contracts or variable life insurance policies;
3.
separate accounts of other life
insurance companies supporting variable annuity contracts or variable life insurance policies; and
4.
certain qualified retirement
plans.
For a discussion of the potential conflicts of interest that may arise as
a result of the sale of Fund shares to separate accounts that support variable annuity contracts, variable life insurance policies and
certain qualified pension and retirement plans as well as the sale of Fund shares to the separate accounts of insurance companies that
are not affiliated with Protective Life, see the prospectuses for the Funds. Fund shares are not offered directly to investors but are
available only through the purchase of such contracts or policies or through such plans. See the prospectus for each Fund for details
about that Fund.
Certain Funds may have investment objectives and policies similar to other
mutual funds (sometimes having similar names) that are managed by the same investment adviser or manager. The investment results of the
Funds, however, may be more or less favorable than the results of such other mutual funds. Protective Life does not guarantee or make
any representation that the investment results of any Fund is, or will be, comparable to any other mutual fund, even one with the same
investment adviser or manager.
There is no assurance that the stated objectives and policies
of any of the Funds will be achieved. More detailed information concerning the investment objectives, policies and restrictions of the
Funds, the expenses
17
of the Funds, the risks attendant to investing in the Funds and other aspects
of their operations can be found in the current prospectuses for the Funds and the current statement of additional information for each
of the Funds. You may obtain a prospectus or a statement of additional information for any of the Funds by contacting Protective Life
or by asking your financial advisor. You should read the Funds’ prospectuses carefully before making any decision concerning the
allocation of Purchase Payments or transfers among the Sub-Accounts.
Selection of Funds
We select the Funds offered through the Contracts based on several criteria,
including but not limited to the following:
•
asset class coverage;
•
the strength of the investment
adviser’s (or sub-adviser’s) reputation and tenure;
•
brand recognition;
•
performance;
•
the capability and qualification
of each investment firm; and
•
whether our distributors are
likely to recommend the Funds to Contract Owners.
Another factor we consider during the selection
process is whether the Fund, its adviser, its sub-adviser, or an affiliate will make payments to us or our affiliates. For a discussion
of these arrangements, see “Certain Payments We Receive with Regard to the Funds.” We also consider whether the Fund, its
adviser, sub-adviser, or distributor (or an affiliate) can provide marketing and distribution support for sale of the Contracts. We review
each Fund periodically after it is selected. Upon review, we may remove a Fund or restrict allocation of additional Purchase Payments
and/or transfers of Contract Value to a Fund if we determine the Fund no longer meets one or more of the criteria and/or if the Fund has
not attracted significant contract owner assets. We do not recommend or endorse any particular Fund, and we do not provide investment
advice.
Pre-selected Allocation Options
Several Pre-selected Allocation Options are available at no additional charge
as Investment Options under your Contract.
Each Pre-selected Allocation Option invests different percentages of
Contract Value in some or all of the Sub-Accounts under your Contract, and these Pre-selected Allocation Options range from conservative
to aggressive. The Pre-selected Allocation Options are intended to provide a diversified investment portfolio by combining different asset
classes to help you reach your investment goal. Also, while diversification may help reduce overall risk, it does not eliminate the risk
of losses and it does not protect against losses in a declining market. There can be no assurance that
any of the Pre-selected Allocation Options will achieve their investment objectives.
Pursuant to an agreement with Protective Life, Milliman Financial Risk Management
LLC (“Milliman”), a diversified financial services firm and registered investment adviser under the Investment Advisers
Act of 1940, as amended, provides consulting services to Protective Life regarding the composition and review of the Pre-selected Allocation
Options and is compensated by Protective Life for doing so. There is no investment advisory relationship between Milliman and Owners with
respect to the Pre-selected Allocation Options. In the future, Protective Life may modify or discontinue its arrangement with Milliman,
in which case Protective Life may contract with another firm to provide similar pre-selected allocation options, provide its own pre-selected
allocation options, or cease offering pre-selected allocation options. Protective Life does not provide investment advisory services in
making the Pre-selected Allocation Options or any other service or feature available under the Contract.
The selection of Investment Options in the Pre-selected Allocation Options
involves balancing a number of factors including, but not limited to, the investment objectives, policies and expenses of the Funds in
each Pre-selected Allocation Option, the overall historical performance and volatility of the Funds, and the marketability of individual
Funds and Fund families. In addition, Protective Life considers the marketability of individual Funds and Fund families, as well as marketing
support provided to Protective Life and the broker-dealers who sell the Contracts and administrative services and marketing support payments
made by the Fund or its manager to Protective Life or Investment Distributors, Inc. (“IDI”). The receipt of greater administrative
services or marketing support payments from certain Funds may present a conflict of interest for Protective Life.
The available Pre-selected Allocation Options may change from time to time.
In addition, the target asset allocations of these Pre-selected Allocation Options may vary from time to time in response to market conditions
and changes in the
18
portfolio holdings of the Funds in the underlying Sub-Accounts. We will provide written
notice if the composition of a Pre-selected Allocation Option changes, if there is a material change in our arrangement with Milliman,
or if we cease offering Pre-selected Allocation Options altogether. We will not reallocate your Contract Value or change the allocations
of your future Purchase Payments in response to these changes, however. If you desire to change your Contract Value or Purchase Payment
allocation or percentages to reflect a revised or different Pre-selected Allocation Option, you must submit new allocation instructions
to us in writing.
The following is a brief description of the Pre-selected Allocation Options
currently available. They are more fully described in a separate brochure. Your sales representative can provide additional information
about the Pre-selected Allocation Options and help you select which Pre-selected Allocation Option, if any, may be suitable for you. Please
talk to him or her if you have additional questions about these Pre-selected Allocation Options.
•
Balanced
Growth & Income Domestic Focus option is composed of underlying Sub-Accounts representing a target allocation of approximately
50% in equity and 50% in fixed income investments.
•
Balanced
Growth & Income Global Focus option is composed of underlying Sub-Accounts representing a target allocation of approximately
50% in equity and 50% in fixed income investments.
•
Balanced
toward Growth option is composed of underlying Sub-Accounts representing a target allocation of approximately 65% in equity and
35% in fixed income investments.
•
Growth
Focus option is composed of underlying Sub-Accounts representing a target allocation of approximately 80% in equity and 20% in
fixed income investments.
•
All-Equity
Focus option is composed of underlying Sub-Accounts representing a target allocation of approximately 95% in equity and 5% in fixed
income investments.
From time to time other pre-selected allocation options
composed of underlying Sub-Accounts may be made available as Investment Options under your Contract. In addition to the pre-selected allocation
options discussed above, asset allocation model portfolios developed by Portfolio Companies (“Portfolio Company Pre-Selected Allocation
Options”) may be made available. These Portfolio Company Pre-Selected Allocation Options are made up of Funds offered by one Portfolio
Company. For more information on Portfolio Company Pre-Selected Allocation Options and their availability, contact your financial adviser.
Other Information about the Funds
Each Fund sells its shares to the Variable Account in accordance with the
terms of a participation agreement between the appropriate investment company and Protective Life. The termination provisions of these
agreements vary. Should a participation agreement relating to a Fund terminate, the Variable Account may not be able to purchase additional
shares of that Fund. In that event, Owners may no longer be able to allocate Variable Account value or Purchase Payments to Sub-Accounts
investing in that Fund. In certain circumstances, it is also possible that a Fund may refuse to sell its shares to the Variable Account
despite the fact that the participation agreement relating to that Fund has not been terminated. Should a Fund decide to discontinue selling
its shares to the Variable Account, Protective Life would not be able to honor requests from Owners to allocate Purchase Payments or transfer
Contract Value to the Sub-Account investing in shares of that Fund.
Certain Payments We Receive with Regard to the Funds
We (and our affiliates) may receive payments from the Funds, their advisers,
sub-advisers, and their distributors, or affiliates thereof. These payments are negotiated and thus differ by Fund (sometimes substantially),
and the amounts we (or our affiliates) receive may be significant. These payments are made for various purposes, including payment for
the services provided and expenses incurred by us (and our affiliates) in promoting, marketing and administering the Contracts, and in
our role as intermediary to, the Funds. We (and our affiliates) may profit from these payments.
12b-1 Fees. We
receive 12b-1 fees from the Funds, their advisers, sub-advisers, and their distributors, or affiliates thereof that are based on a percentage
of the average daily net assets of the particular Fund attributable to the Contracts and to certain other variable insurance contracts
issued or administered by us. Rule 12b-1 fees are paid out of Fund assets as part of the Fund’s total annual operating expenses.
Payments made out of Fund assets will reduce the amount
19
of assets that you otherwise would have available for investment, and will reduce the return
on your investment. The chart below shows the maximum 12b-1 fees we anticipate we will receive from the Funds on an annual basis:
Incoming 12b-1 Fees
|
Fund |
| |
Maximum 12b-1 fee |
| |||
| Paid to us: | | | | | | | |
|
AIM Variable Insurance Funds (Invesco Variable Insurance Funds) |
| | |
|
0.25% |
| |
|
Alliance Bernstein |
| | |
|
0.25% |
| |
|
American Funds Insurance Series |
| | |
|
0.25% |
| |
|
BlackRock |
| | |
|
0.25% |
| |
|
Columbia Threadneedle |
| | |
|
0.25% |
| |
|
Fidelity Variable Insurance Products |
| | |
|
0.25% |
| |
|
Franklin Templeton Variable Insurance Products Trust |
| | |
|
0.25% |
| |
|
Goldman Sachs Variable Insurance Trust |
| | |
|
0.25% |
| |
|
Legg Mason Partners Variable Equity Trust |
| | |
|
0.25% |
| |
|
PIMCO Variable Insurance Trust |
| | |
|
0.25% |
| |
|
T. Rowe Price |
| | |
|
0.25% |
| |
Payments From Advisers
and/or Distributors. As of the date of this Prospectus, we (or our affiliates) also receive payments from the
investment advisers, sub-advisers, or distributors (or affiliates thereof) of all of the Funds other than 12b-1 fees. These payments are
not paid out of Fund assets. These payments may be derived, in whole or in part, from the investment advisory fee deducted from Fund assets.
Owners, through their indirect investment in the Funds, bear the costs of these investment advisory fees (see the Funds’ prospectuses
for more information). The amount of the payments we receive is based on a percentage of the average daily net assets of the particular
Fund attributable to the Contracts and to certain other variable insurance contracts issued or administered by us (or our affiliate).
The payments we receive from the investment advisers, sub-advisers or distributors of the Funds currently range from 0.00% to 0.50% of
Fund assets attributable to our variable insurance contracts.
Other Payments. A
Fund’s adviser, sub-adviser, or distributor or its affiliates may provide us (or our affiliates) and/or broker-dealers that sell
the Contracts (“selling firms”) with marketing support, may pay us (or our affiliates) and/or selling firms amounts to participate
in national and regional sales conferences and meetings with the sales desks, and may occasionally provide us (or our affiliates) and/or
selling firms with items of relatively small value, such as promotional gifts, meals, tickets, or other similar items in the normal course
of business.
For details about the compensation payments we make in connection with the
sale of the Contracts, see “DISTRIBUTION OF THE CONTRACTS.”
Addition, Deletion or Substitution of Investments
Protective Life reserves the right, subject to applicable law, to make additions
to, deletions from, or substitutions for the shares that are held in the Variable Account or that the Variable Account may purchase. If
the shares of a Fund are no longer available for investment or if in Protective Life’s judgment further investment in any Fund
should become inappropriate in view of the purposes of the Variable Account, Protective Life may redeem the shares, if any, of that Fund
and substitute shares of another registered open-end management company or unit investment trust. The new Funds may have higher fees and
charges than the ones they replaced. Protective Life will not substitute any shares attributable to a Contract’s interest in the
Variable Account without notice and any necessary approval of the Securities and Exchange Commission and state insurance authorities.
Because the plan fiduciary retains the right to select the investments in an employee benefit plan, when the fiduciary receives notice
of an addition, deletion, or substitution of an investment (for example, either through this Prospectus or a supplement to the Prospectus),
a plan fiduciary should consider whether the Contract will remain a prudent investment for the plan. If a plan fiduciary wishes to reject
the change after receiving notice, it can do so by surrendering the Contract.
Protective Life also reserves the right to establish additional Sub-Accounts
of the Variable Account, each of which would invest in shares of a new Fund. Subject to applicable law and any required SEC approval,
Protective Life may, in its sole discretion, establish new Sub-Accounts or eliminate one or more Sub-Accounts if marketing needs, tax
considerations or investment conditions warrant. We may make any new Sub-Accounts available to existing Owner(s) on a basis we determine.
All Sub-Accounts and Funds may not be available to all classes of contracts.
If we make any of these substitutions or changes, Protective Life may by
appropriate endorsement change the Contract to reflect the substitution or other change. If Protective Life deems it to be in the best
interest of Owners and
20
Annuitants, and subject to any approvals that applicable law may require, we may operate
the Variable Account as a management company under the 1940 Act, we may de-register it under that Act if registration is no longer required,
or we may combine it with other Protective Life separate accounts. Protective Life reserves the right to make any changes to the Variable
Account that the 1940 Act or other applicable law or regulation requires.
DESCRIPTION OF THE CONTRACT
The Contract
The following sections describe the Contracts currently being offered.
The Protective Dimensions V Variable Annuity Contract is a flexible premium
deferred variable and fixed annuity contract issued by Protective Life.
Use of the Contract in Qualified Plans
You may purchase the Contract on a non-qualified basis. You may also purchase
it for use within certain qualified retirement plans or in connection with other employee benefit plans or arrangements that receive favorable
tax treatment. Such qualified plans include individual retirement accounts and individual retirement annuities (IRAs), and pension and
profit sharing plans (including H.R. 10 Plans). Protective does not issue Contracts under Section 403(b) of the Code (i.e., tax sheltered
annuities). Many of these qualified plans, including IRAs, provide the same type of tax deferral as provided by the Contract. The Contract,
however, provides a number of benefits and features not provided by such retirement plans and employee benefit plans or arrangements alone.
There are costs and expenses under the Contract related to these benefits and features. You
should consult a qualified tax and/or financial adviser regarding the use of the Contract within a Qualified Plan or in connection with
other employee benefit plans or arrangements. You should carefully consider the benefits and features provided by the Contract in relation
to their costs (e.g., surrender charges) as they apply to your particular situation.
Parties to the Contract
Owner
The Owner is the person or persons who own the Contract
and are entitled to exercise all rights and privileges provided in the Contract. Two persons may own the Contract together. If there are
two Owners of the Contract, provisions in the Contract or references in this Prospectus to action by the “Owner” refer to
action by both Owners. Protective Life may accept instructions from one Owner on behalf of all Owners via the internet to transfer Contract
Value among and/or between Sub-Accounts. From time to time, we may permit requests for other types of transactions to be made by one Owner
via the internet. Contact us for additional information. Protective Life will only issue a Contract prior to each Owner’s 86th
birthday (78th birthday if the Maximum Anniversary Value Death
Benefit, the Maximum Quarterly Value Death Benefit, or the Maximum Daily Value Death Benefit is selected). Individuals as well as nonnatural
persons, such as corporations or trusts, may be Owners. In the case of Owners who may be nonnatural persons, age restrictions apply to
the Annuitant.
The Owner of this Contract may be changed by Written Notice provided:
?
1.
each new
Owner’s 86th birthday (78th
birthday if the Maximum Anniversary Value Death Benefit, the Maximum Quarterly Value Death Benefit, or the Maximum Daily Value Death Benefit
is selected) is after the Issue Date; and
2.
each new Owner’s 95th
birthday is on or after the Annuity Date.
For a period of 1 year after any change
of ownership involving a natural person, the death benefit will equal the Contract Value. Naming a nonnatural person as an Owner or changing
the Owner may result in a tax liability. (See “TAXATION OF ANNUITIES IN GENERAL.”) If you have selected the SecurePay Income
rider, changing and/or adding Owners may result in termination of the rider. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”).”)
Beneficiary
The Beneficiary is the person or persons who may receive the benefits of this
Contract upon the death of the Owner.
Primary — The Primary Beneficiary is the surviving
Owner, if any. If there is no surviving Owner, the Primary Beneficiary is the person or persons designated by the Owner and named in our
records.
Contingent — The Contingent Beneficiary is the
person or persons designated by the Owner and named in our records to be Beneficiary if the Primary Beneficiary is not living at the time
of the Owner’s death.
21
If no Beneficiary designation is in effect or if no Beneficiary is living at the time of
the Owner’s death, the Beneficiary will be the estate of the deceased Owner. If any Owner dies on or after the Annuity Date, the
Beneficiary will become the new Owner.
Unless designated irrevocably, the Owner may change the Beneficiary by Written
Notice prior to the death of any Owner. An irrevocable Beneficiary is one whose written consent is needed before the Owner can change
the Beneficiary designation or exercise certain other rights. In the case of certain Qualified Contracts, Treasury Department regulations
prescribe certain limitations on the designation of a Beneficiary. If you have selected the SecurePay Income rider, changing and/or adding
Beneficiaries may result in termination of the rider. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”).”)
Annuitant
The Annuitant is the person or persons on whose life
annuity income payments may be based. The first Owner shown on the application for the Contract is the Annuitant unless the Owner designates
another person as the Annuitant. The Contract must be issued prior to the Annuitant’s 86th
birthday (78th birthday if the Maximum Anniversary Value Death
Benefit, the Maximum Quarterly Value Death Benefit, or the Maximum Daily Value Death Benefit is selected). If the Annuitant is not an
Owner and dies prior to the Annuity Date, the Owner will become the new Annuitant unless the Owner designates otherwise. However, if the
Owner is a nonnatural person, the death of the Annuitant will be treated as the death of the Owner.
The Owner may change the Annuitant by Written Notice prior to the Annuity
Date. However, if any Owner is not a natural person, then the Annuitant may not be changed. The new Annuitant’s 95th
birthday must be on or after the Annuity Date in effect when the change of Annuitant is requested. If you have selected the SecurePay
Income rider, changing the adding Annuitant will result in termination of the rider. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”).”)
Payee
The Payee is the person or persons designated by the Owner to receive the
annuity income payments under the Contract. The Annuitant is the Payee unless the Owner designates another party as the Payee. The Owner
may change the Payee at any time.
Issuance of a Contract
To purchase a Contract, you must submit certain application information
and an initial Purchase Payment to Protective Life through a licensed representative of Protective Life. Any such licensed representative
must also be a registered representative of a broker/dealer having a distribution agreement with Investment Distributors, Inc. Protective
Life reserves the right to accept or decline a request to issue a Contract, for any reason permitted or required by law. Contracts may
be sold to or in connection with retirement plans which do not qualify for special tax treatment as well as retirement plans that qualify
for special tax treatment under the Code.
If the necessary application information for a Contract accompanies the
initial Purchase Payment, we will allocate the initial Purchase Payment (less any applicable premium tax) to the Investment Options as
you direct on the appropriate form within two business days of receiving such Purchase Payment at the Administrative Office at the Accumulation
Unit Value next determined for the portion of the Purchase Payment allocated to the Sub-Account. If we do not receive the necessary application
information, Protective Life will retain the Purchase Payment for up to five business days while it attempts to complete the information.
If the necessary application information is not complete after five business days, Protective Life will inform the applicant of the reason
for the delay and return the initial Purchase Payment immediately unless the applicant specifically consents to Protective Life retaining
it until the information is complete. Once the information is complete, we will allocate the initial Purchase Payment to the appropriate
Investment Options within two business days. You may transmit information necessary to complete an application to Protective Life by telephone,
facsimile, or electronic media.
Purchase Payments
We will only accept Purchase Payments before the earlier
of the oldest Owner’s and Annuitant’s 86th birthday.
No Purchase Payment will be accepted within 3 years of the Annuity Date then in effect. The minimum initial Purchase Payment is $10,000.
The minimum subsequent Purchase Payment is $100 or $50 if made by electronic funds transfer. We reserve the right not to accept any Purchase
Payment in our sole discretion. Under certain circumstances, we may be required by law to reject a Purchase Payment. Also see QUALIFIED
RETIREMENT PLANS for Contract types that may restrict or limit additional Purchase Payments.
If you have selected the SecurePay Income rider, you may not make any additional
Purchase Payments two years after the date the SecurePay Income rider is issued, or on or after the Benefit Election Date, whichever
comes first. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”).”)
22
Purchase Payments are payable at our Administrative Office. You may make them by check payable
to Protective Life Insurance Company or by any other method we deem acceptable. We will process Purchase Payments as of the end of the
Valuation Period during which we receive your payment and a completed transaction service form at our Administrative Office at the Accumulation
Unit Value next determined for the portion of the Purchase Payment allocated to the Sub-Account. Valuation Periods end at the close of
regular trading on the New York Stock Exchange. We will process any Purchase Payment received at our Administrative Office after the end
of the Valuation Period on the next Valuation Date.
The maximum aggregate Purchase Payment(s) that we will accept under the
Contract without prior Administrative Office approval is $1,000,000.
We reserve the right to change the maximum aggregate Purchase
Payment(s) that we will accept at any time, and to condition acceptance of Purchase Payments over any established maximum amount upon
prior approval by our Administrative Office and to impose conditions upon the acceptance of aggregate Purchase Payments greater than the
established maximum, such as limiting the death benefit options that are available under your Contract. We also reserve the right to limit,
suspend, or reject any and all Purchase Payments at any time. We would suspend, reject, and/or place limitations on the acceptance of
initial and/or subsequent Purchase Payments in order to limit our exposure to the risks associated with offering the Contract or the riders
under the Contract. We also reserve the right to limit the Investment Options to which you may direct Purchase Payments for the same reasons,
because changes in our arrangements with a Fund, or the investment manager or distributor of a Fund, or because a Fund has or will become
unavailable for purchase under the Contract. We will give written notice at least five (5) days before any changes regarding Purchase
Payment limitations, or the allocation of Purchase Payments go into effect.
If we exercise our right to suspend,
reject, and/or place limitations on the acceptance and/or allocation of subsequent Purchase Payments, you may be unable to, or limited
in your ability to, increase your Contract Value through subsequent Purchase Payments and therefore may limit increases in the death benefit
provided by the Contract or optional death benefit riders and the values of the SecurePay Income rider. This could also prevent you from
making future contributions to a Qualified Contract, including periodic contributions to an employer-sponsored retirement plan or an IRA.
(See “QUALIFIED RETIREMENT PLANS.”) Before you purchase this Contract and determine the amount of your initial Purchase
Payment, you should consider the fact that we may suspend, reject, or limit subsequent Purchase Payments at some point in the future.
You should consult with your sales representative prior to purchase.
Under the current automatic purchase payment plan, you may select a monthly
or quarterly payment schedule pursuant to which Purchase Payments will be automatically deducted from a bank account. We currently accept
automatic Purchase Payments on the 1st through the 28th
day of each month. Each automatic Purchase Payment must be at least $50. You may not allocate payments made through the automatic purchase
payment plan to any DCA Account. You may not elect the automatic purchase payment plan and the automatic withdrawal plan simultaneously.
(See “Surrenders and Withdrawals.”) If you purchase the SecurePay Income rider, the automatic purchase payment plan will
terminate two years after the Rider Issue Date. Upon notification of the death of any Owner the Company will terminate deductions
under the automatic purchase payment plan.
We do not always receive your Purchase
Payment or your application on the day you send it or give it to your sales representative. In some circumstances, such as when you purchase
a Contract in exchange for an existing annuity contract from another company, we may not receive your Purchase Payment from the other
company for a substantial period of time after you sign the application and send it to us.
For each Purchase Payment you make, we deduct a quarterly Premium Based
Charge from your Contract Value during the first seven years after each Purchase Payment is made. (See “CHARGES AND DEDUCTIONS.”)
Right to Cancel
You have the right to return the Contract within a
certain number of days after you receive it by returning it, along with a written cancellation request, to our Administrative Office or
the sales representative who sold it. In the state of Connecticut, non-written requests are also accepted. The number of days, which is
at least ten, is determined by state law in the state where the Contract is delivered. Return of the Contract by mail is effective on
being post-marked, properly addressed and postage pre-paid. We will treat the returned Contract as if it had never been issued. Where
permitted under state law, Protective Life will refund the Contract Value. This amount may be more or less than the aggregate amount of
your Purchase Payments up to that time. In states requiring the return of Purchase Payments, we will refund the greater of the Contract
Value or the Purchase Payment. For more information regarding state variations, see Appendix: Variations of Right to Cancel Deadlines
After Receipt of Contract By Owner, by State.
For individual retirement annuities and Contracts issued in states where,
upon cancellation during the right-to-cancel period, we return at least your Purchase Payments, we reserve the right to allocate all or
a portion of your initial Purchase
23
Payment (and any subsequent Purchase Payment made during the right-to-cancel period) that
you allocated to the Sub-Accounts to the Invesco® V.I. U.S.
Government Money Portfolio Sub-Account until the expiration of the right-to-cancel period. When we allocate your initial Purchase
Payment (and any subsequent Purchase Payments) to the Invesco®
V.I. U.S. Government Money Portfolio Sub-Account for the right-to-cancel period, we will refund the greater of the Contract Value
without any deductions for fees or charges or the Purchase Payment. Thereafter, we will allocate all Purchase Payments according to your
allocation instructions then in effect.
Allocation of Purchase Payments
Owners must indicate in the application how their initial and subsequent
Purchase Payments are to be allocated among the Investment Options. If your allocation instructions are indicated by percentages,
whole percentages must be used.
Owners may change allocation instructions by Written Notice at any time.
Owners may also change instructions by telephone, facsimile, automated telephone system or via the Internet at www.protective.com
(“non-written instructions”). For non-written instructions regarding allocations, we may require a form of personal identification
prior to acting on instructions and we will record any telephone voice instructions. If we follow these procedures, we will not be liable
for any losses due to unauthorized or fraudulent instructions. We reserve the right to limit or eliminate any of these non-written communication
methods for any Contract or class of Contracts at any time for any reason.
If you have selected the SecurePay Income rider, your options for allocating
Purchase Payments will be restricted. You must allocate your Purchase Payments (and Contract Value) in accordance with the rider’s
Allocation Guidelines and Restrictions. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”).”)
Variable Account Value
Sub-Account Value
A Contract’s Variable Account value at any time is the sum of the
Sub-Account values and therefore reflects the investment experience of the Sub-Accounts to which it is allocated. There is no guaranteed
minimum Variable Account value. The Sub-Account value for any Sub-Account as of the Issue Date is equal to the amount of the initial Purchase
Payment allocated to that Sub-Account. On subsequent Valuation Dates prior to the Annuity Date, the Sub-Account value is equal to that
part of any Purchase Payment allocated to the Sub-Account, any Contract Value transferred to the Sub-Account, adjusted by income, dividends,
net capital gains or losses (realized or unrealized), decreased by withdrawals (including any applicable surrender charges and premium
tax), Contract Value transferred out of the Sub-Account and fees deducted from the Sub-Account.
The Sub-Account value for a Contract may be determined on any day by multiplying
the number of Accumulation Units attributable to the Contract in that Sub-Account by the Accumulation Unit value for the Accumulation
Units in that Sub-Account on that day.
Determination of Accumulation Units
Purchase Payments allocated and Contract Value transferred to a Sub-Account
are converted into Accumulation Units. An Accumulation Unit is a unit of measure used to calculate the value of a Sub-Account prior to
the Annuity Date. We determine the number of Accumulation Units to be credited to a Contract by dividing the dollar amount directed to
the Sub-Account by the Accumulation Unit value of the appropriate class of Accumulation Units of that Sub-Account for the Valuation Date
as of which the allocation or transfer occurs. Purchase Payments allocated or amounts transferred to a Sub-Account under a Contract increase
the number of Accumulation Units of that Sub-Account credited to the Contract. We execute such allocations and transfers as of the end
of the Valuation Period in which we receive a Purchase Payment or Written Notice or other instruction requesting a transfer.
Certain events reduce the number of Accumulation Units of a Sub-Account
credited to a Contract. The following events result in the cancellation of the appropriate number of Accumulation Units of a Sub-Account:
•
surrenders and applicable surrender
charges;
•
withdrawals and applicable surrender
charges;
•
automatic withdrawals and applicable
surrender charges;
•
transfer from a Sub-Account and
any applicable transfer fee;
•
payment of a death benefit claim;
•
application of the Contract Value
to an Annuity Option; and
24
•
deduction of the monthly death benefit fee, the quarterly Premium
Based Charge, the monthly SecurePay Fee, and the annual contract maintenance fee.
Accumulation Units are canceled as of
the end of the Valuation Period in which we receive Written Notice of or other instructions regarding the event. The deduction of the
monthly death benefit fee, the monthly SecurePay Fee, the quarterly Premium Based Charge, and the annual contract maintenance fee results
in the cancellation of Accumulation Units without notice or instruction. The monthly fee is deducted from a Sub-Account in the same proportion
that the Sub-Account value bears to the total Contract Value in the Variable Account on that date.
Determination of Accumulation Unit Value
The Accumulation Unit value for each class of Accumulation Units in a Sub-Account
at the end of every Valuation Date is the Accumulation Unit value for that class at the end of the previous Valuation Date times the net
investment factor.
Net Investment Factor
The net investment factor measures the investment performance of a Sub-Account
from one Valuation Period to the next. For each Sub-Account, the net investment factor reflects the investment performance of the Fund
in which the Sub-Account invests and the charges assessed against that Sub-Account for a Valuation Period. Each Sub-Account has a net
investment factor for each Valuation Period which may be greater or less than one. Therefore, the value of an Accumulation Unit may increase
or decrease. The net investment factor for any Sub-Account for any Valuation Period is determined by dividing (1) by (2) and
subtracting (3) from the result, where:
1.
is the result of:
a.
the net asset value per share
of the Fund held in the Sub-Account, determined at the end of the current Valuation Period; plus
b.
the per share amount of any dividend
or capital gain distributions made by the Funds held in the Sub-Account, if the “ex-dividend” date occurs during the current
Valuation Period.
2.
is the net asset value per share
of the Fund held in the Sub-Account, determined at the end of the most recent prior Valuation Period.
3.
is a factor representing the
mortality and expense risk charge and the administration charge for the number of days in the Valuation Period and a charge or credit
for any taxes attributed to the investment operations of the Sub-Account, as determined by the Company.
Transfers
Before the Annuity Date, you may instruct us to transfer Contract Value
between and among the Investment Options (subject to the limitations discussed below). When we receive your transfer instructions on a
completed transaction service form at our Administrative Office, we will allocate the Contract Value you transfer at the next price determined
for the Investment Options you indicate. Prices for the Investment Options are determined as of the end of each Valuation Period. Accordingly,
transfer requests received in “good order” at our Administrative Office before the end of a Valuation Period are processed
at the price determined as of the end of the Valuation Period on the day the requests are received; transfer requests received at our
Administrative Office after the end of a Valuation Period are processed at the price determined as of the end of the next Valuation Period.
A transfer request will be deemed in “good order” if the transaction service form is fully and accurately completed and
signed by the Owner(s) and received by us at our Administrative Office. We may defer transfer requests under the same conditions that
payment of withdrawals and surrenders may be delayed. (See “SUSPENSION OR DELAY IN PAYMENTS.”) There are limitations on
transfers, which are described below.
After the Annuity Date, when Variable Income Payments are selected, transfers
are allowed between Sub-Accounts, but are limited to one transfer per month. Dollar cost averaging and portfolio rebalancing are not allowed.
No transfers are allowed within the Guaranteed Account or between the Guaranteed Account and any Sub-Account.
If you have selected the SecurePay Income rider, your options for transferring
Contract Value will be restricted. You must transfer Contract Value in accordance with the rider’s Allocation Guidelines and Restrictions.
(See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”).”)
In the event of the Owner’s death, all automatic transfers under
the Contract, such as dollar cost averaging and portfolio rebalancing will cease upon our receipt of Due Proof of Death at our Administrative
Office. A surviving spouse
25
who elects to continue the Contract as the new Owner may decide to participate in either
dollar cost averaging or portfolio balancing, or both, subject to the terms and conditions set forth in the Prospectus. A surviving spouse
who continues the Contract may also elect the SecurePay Income rider, provided that he or she meets the conditions for eligibility at
that time. Any Beneficiary who elects a Death Benefit payment option that provides for the payment of Death Benefit proceeds either over
the lifetime of the Beneficiary or within 5 years of the Owner’s death may transfer Contract Value among the Sub-Accounts
and participate in portfolio rebalancing. Because that Beneficiary may not make additional premium payments, however, the Beneficiary
may not participate in dollar cost averaging. See “DEATH BENEFIT-Payment of the Death Benefit.”
How to Request Transfers
Before or after the Annuity Date, Owners may request transfers by Written
Notice at any time. Owners also may request transfers by telephone, facsimile, automated telephone system or via the Internet at www.protective.com
(“non-written instructions”). From time to time and at our sole discretion, we may introduce additional methods for requesting
transfers or discontinue any method for making non-written instructions for such transfers. We will require a form of personal identification
prior to acting on non-written instructions and we will record telephone requests. We will send you a confirmation of all transfer requests
communicated to us. If we follow these procedures we will not be liable for any losses due to unauthorized or fraudulent transfer requests.
Reliability of Communications Systems
The Internet and telephone systems may not always be available. Any computer
or telephone system, whether it is yours, your service providers’, your registered representative’s, or ours, can experience
unscheduled outages or slowdowns for a variety of reasons. Such outages or delays may delay or prevent our processing of your request.
Although we have taken precautions to help our systems handle heavy use, we cannot promise complete reliability under all circumstances.
If you experience problems, you can request your transaction by writing to us.
Limitations on Transfers
We reserve the right to modify, limit, suspend or eliminate the transfer
privileges (including acceptance of non-written instructions submitted by telephone, automated telephone system, the Internet or facsimile)
with prior notice for any Contract or class of Contracts at any time for any reason.
Minimum amounts. You
must transfer at least $100 each time you make a transfer. If the entire amount in the Investment Option is less than $100, you must transfer
the entire amount. If less than $100 would be left in an Investment Option after a transfer, then we may transfer the entire amount out
of that Investment Option instead of the requested amount.
Number of transfers. Currently
we do not generally limit the number of transfers that may be made. We reserve the right, however, to limit the number of transfers to
no more than 12 for each Contract in each Contract Year and we also reserve the right to charge a transfer fee for each additional transfer
over 12 for each Contract during any Contract Year if Protective Life determines, in its sole discretion, that the number of transfers
or the cost of processing such transfers is excessive. The transfer fee will not exceed $25 per transfer. We will give written notice
thirty (30) days before we impose a transfer fee or limit the number of transfers. We will deduct any transfer fee from the amount being
transferred. See “CHARGES AND DEDUCTIONS, Transfer Fee.”
Limitations on transfers
involving the Guaranteed Account. No amounts may be transferred into a DCA Account. No amounts may be transferred
to the Fixed Account within six months after any transfer from a Guaranteed Account to the Variable Account. The maximum amount that may
be transferred from the Fixed Account during a Contract Year is the greater of (a) $2,500 or (b) 25% of the Contract Value in
the Fixed Account. Due to this limitation, if you want to transfer all of your Contract Value from the Guaranteed Account to the Variable
Account, it may take several years to do so. The limitation on transfers from the Fixed Account does not apply, however, to dollar cost
averaging transfers from the Fixed Account.
Limitations on frequent
transfers, including “market timing” transfers. Frequent transfers may involve an effort to take
advantage of the possibility of a lag between a change in the value of a Fund’s portfolio securities and the reflection of that
change in the Fund’s share price. This strategy, sometimes referred to as “market timing,” involves an attempt to
buy shares of a Fund at a price that does not reflect the current market value of the portfolio securities of the Fund, and then to realize
a profit when the Fund shares are sold the next Valuation Date or thereafter.
When you request a transfer among the Sub-Accounts, your request triggers
the purchase and redemption of Fund shares. Frequent transfers cause frequent purchases and redemptions of Fund shares. Frequent purchases
and redemptions of Fund shares can cause adverse effects for a Fund, Fund shareholders, the Variable Account, other
26
Owners, beneficiaries, annuitants, or owners of other variable annuity contracts we issue
that invest in the Variable Account. Frequent transfers can result in the following adverse effects:
•
Increased brokerage, trading and
transaction costs;
•
Disruption of planned investment
strategies;
•
Forced and unplanned liquidation
and portfolio turnover;
•
Lost opportunity costs; and
•
Large asset swings that decrease
the Fund’s ability to provide maximum investment return to all Contract Owners.
In order to try to protect our Owners and the Funds from the potential adverse
effects of frequent transfer activity, we have implemented certain market timing policies and procedures (the “Market Timing Procedures”).
Our Market Timing Procedures are designed to detect and prevent frequent, short-term transfer activity that may adversely affect the Funds,
Fund shareholders, the Variable Account, other Owners, beneficiaries, annuitants and owners of other variable annuity contracts we issue
that invest in the Variable Account.
We monitor transfer activity in the Contracts to identify frequent transfer
activity in any Contract. Our current Market Timing Procedures are intended to detect transfer activity in which the transfers exceed
a certain dollar amount and a certain number of transfers involving the same Sub-Accounts within a specific time period. We regularly
review transaction reports in an attempt to identify transfers that exceed our established parameters. We do not include transfers made
pursuant to the dollar-cost averaging and portfolio rebalancing programs when monitoring for frequent transfer activity.
When we identify transfer activity exceeding our established parameters
in a Contract or group of Contracts that appear to be under common control, we suspend non-written methods of requesting transfers for
that Contract or group of Contracts. All transfer requests for the affected Contract or group of Contracts must be made by Written Notice.
We notify the affected Owner(s) in writing of these restrictions.
In addition to our Market Timing Procedures, the Funds may have their own
market timing policies and restrictions. While we reserve the right to enforce the Funds’ policies and procedures, Owners and other
persons with interests under the Contracts should be aware that we may not have the contractual authority or the operational capacity
to apply the market timing policies and procedures of the Funds, except that, under SEC rules, we are required to: (1) enter into
a written agreement with each Fund or its principal underwriter that obligates us to provide to the Fund promptly upon request certain
information about the trading activity of individual Owners, and (2) execute instructions from the Fund to restrict or prohibit further
purchases or transfers by specific Owners who violate the market timing policies established by the Fund.
Some of the Funds have reserved the right to temporarily or permanently
refuse payments or transfer requests from us if, in the judgment of the Fund’s investment adviser, the Fund would be unable to
invest effectively in accordance with its investment objective or policies, or would otherwise potentially be adversely affected. To the
extent permitted by law, we reserve the right to delay or refuse to honor a transfer request, or to reverse a transfer at any time we
are unable to purchase or redeem shares of any of the Funds because of the Fund’s refusal or restriction on purchases or redemptions.
We will notify the Owner(s) of any refusal or restriction on a purchase or redemption by a Fund relating to that Owner’s transfer
request. Some Funds also may impose redemption fees on short-term trading (i.e., redemptions of mutual Fund shares within a certain number
of business days after purchase). We also reserve the right to implement, administer, and collect any redemption fees imposed by any of
the Funds. You should read the prospectus of each Fund for more information about its ability to refuse or restrict purchases of its shares,
which may be more or less restrictive than our Market Timing Procedures and those of other Funds, and to impose redemption fees.
We apply our Market Timing Procedures consistently to all Owners without
special arrangement, waiver or exception. We reserve the right to change our Market Timing Procedures at any time without prior notice
as we deem necessary or appropriate to better detect and deter potentially harmful frequent transfer activity, to comply with state or
federal regulatory requirements, or both. We may change our parameters to monitor for different dollar amounts, number of transfers, time
period of the transfers, or any of these.
Owners seeking to engage in frequent transfer activity may employ a variety
of strategies to avoid detection. Our ability to detect and deter such transfer activity is limited by operational systems and technological
limitations. Furthermore, the identification of Owners determined to be engaged in transfer activity that may adversely affect others
involves judgments that are inherently subjective. Accordingly, despite our best efforts, we cannot guarantee that our Market Timing Procedures
will detect or deter every potential market timer. In addition, because other insurance companies, retirement plans, or both may invest
in the Funds, we cannot guarantee that the Funds will not suffer harm from frequent transfer activity in contracts or policies issued
by other insurance companies or by retirement plan participants.
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Dollar Cost Averaging
Before the Annuity Date, you may instruct us by Written Notice to transfer
automatically on a monthly basis, amounts from a DCA Account or the Fixed Account to any Sub-Account of the Variable Account. This is
known as the “dollar-cost averaging” (“DCA”) method of investment. By transferring equal amounts of
Contract Value on a regularly scheduled basis, as opposed to allocating a larger amount at one particular time, an Owner may be less susceptible
to the impact of market fluctuations in the value of Sub-Account Accumulation Units. Protective Life, however, makes no guarantee that
the dollar cost averaging method will result in a profit or protection against loss.
DCA transfers are made monthly; you may choose to make the transfers on
the 1st through the 28th
day of each month. Dollar cost averaging transfers cease upon our receipt of Due Proof of Death of the Owner at our Administrative Office.
Any remaining balance designated for DCA transfers will be automatically transferred to the Sub-Accounts according to the Owner’s
current dollar cost averaging instructions.
There is no charge for dollar cost averaging. Automatic transfers made to
facilitate dollar cost averaging will not count toward the 12 transfers permitted each Contract Year if we elect to limit transfers, or
the designated number of free transfers in any Contract Year if we elect to charge for transfers in excess of that number in any Contract
Year. We reserve the right to restrict the Sub-Accounts into which you may make DCA transfers or discontinue dollar cost averaging upon
written notice to the Owner at any time for any reason.
In states where, upon cancellation during the right-to-cancel period, we
are required to return your Purchase Payment, we reserve the right to delay commencement of dollar cost averaging transfers until the
expiration of the right-to-cancel period.
If you have selected the SecurePay Income rider, you may allocate your Purchase
Payments to a DCA Account. Your dollar-cost averaging transfers from the DCA Account must be allocated, however, in accordance with our
Allocation Guidelines and Restrictions. You may not allocate Purchase Payments to the Fixed Account if you have selected the SecurePay
Income rider (See “ALLOCATION GUIDELINES AND RESTRICTIONS FOR SECUREPAY INCOME RIDER”)
Transfers from the DCA
Accounts. If you allocate a Purchase Payment to one of the DCA Accounts, you must include instructions regarding
the day of the month on which the transfers should be made, the period during which the dollar cost averaging transfers should occur,
and the Sub-Accounts into which the transferred funds should be allocated. Currently, you may establish monthly transfers of equal amounts
of Contract Value from DCA Account 1 monthly for a minimum of three to a maximum of six months and from the DCA Account 2 for a minimum
of seven to a maximum of twelve months.
At times, the Company may credit a higher annual rate of interest to the
balance held in DCA Account 2 than the balance held in DCA Account 1. From time to time, we may offer different maximum periods for dollar
cost averaging amounts from a DCA Account. The periodic amount transferred from a DCA Account will be equal to the Purchase Payment allocated
to the DCA Account divided by the number of dollar cost averaging transfers to be made.
The interest rates on the DCA Accounts apply to the declining balance in
the account. Therefore the amount of interest actually paid with respect to a Purchase Payment allocated to the DCA Account will be substantially
less than the amount that would have been paid if the full Purchase Payment remained in the DCA Account for the full period. Interest
credited will be transferred from the DCA Account after the last dollar cost averaging transfer.
We will process dollar cost averaging transfers until the earlier of the
following: (1) the DCA Account Value equals $0, or (2) the Owner instructs us by Written Notice to cancel the automatic transfers.
If you terminate transfers from a DCA Account before the amount remaining in that account is $0, we will immediately transfer any amount
remaining in that DCA Account according to your instructions. If you do not provide instructions, we will transfer the remaining amount
to the Sub-Accounts according to your dollar cost averaging allocation instruction in effect at that time.
Transfers from the Fixed
Account. You may also establish dollar-cost averaging transfers from the Fixed Account. The minimum period for
dollar cost averaging transfers from the Fixed Account is twelve months; there is no maximum transfer period. If you wish to establish
dollar-cost averaging transfers from the Fixed Account you must include instructions regarding the day of the month on which the transfers
should be made, the amount of the transfers (you must transfer the same amount each time), the period during which the dollar cost averaging
transfers should occur, and the Sub-Accounts into which the transferred funds should be allocated.
Portfolio Rebalancing
Prior to the Annuity Date, you may instruct Protective Life by Written Notice
to periodically transfer your Variable Account value among specified Sub-Accounts to achieve a particular percentage allocation of
Variable Account value among such Sub-Accounts (“portfolio rebalancing”). The portfolio rebalancing percentages must
be in whole numbers
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and must allocate amounts only among the Sub-Accounts. Unless you instruct otherwise, portfolio
rebalancing is based on your Purchase Payment allocation instructions in effect with respect to the Sub-Accounts at the time of each rebalancing
transfer. We deem portfolio rebalancing instructions from you that differ from your current Purchase Payment allocation instructions to
be a request to change your Purchase Payment allocation.
You may elect portfolio rebalancing to occur on the 1st
through the 28th day of a month on either a quarterly, semi-annual
or annual basis. If you do not select a day, transfers will occur on the same day of the month as your Contract Anniversary, or on the
28th day of the month if your Contract Anniversary occurs on the
29th, 30th
or 31st day of the month. You may change or terminate portfolio
rebalancing by Written Notice, or by other non-written communication methods acceptable for transfer requests. Portfolio rebalancing ceases
when we receive Due Proof of Death of the Owner at our Administrative Office. The Contract Value will remain in the Investment Options
as of the date we receive Due Proof of Death of the Owner. A surviving spouse who elects to continue the Contract and become the new Owner,
or any Beneficiary who elects to receive payment of the Death Benefit over their lifetime or within 5 years of the Owner’s
death, may provide us with new Contract allocation instructions. See “DEATH BENEFIT — Payment of the Death Benefit.”
There is no charge for portfolio rebalancing. Automatic transfers made to
facilitate portfolio rebalancing will not count toward the 12 transfers permitted each Contract Year if we elect to limit transfers, or
the designated number of free transfers in any Contract Year if we elect to charge for transfers in excess of that number in any Contract
Year. We reserve the right to discontinue portfolio rebalancing upon written notice to the Owner at any time for any reason.
If you purchase the SecurePay Income rider, we will automatically
enroll you in the portfolio rebalancing program. If you terminate the rebalancing of your Variable Account value we will consider this
a Prohibited Allocation Instruction and we will terminate your SecurePay Income rider. (See “ALLOCATION GUIDELINES AND RESTRICTIONS
FOR SECUREPAY INCOME RIDER.”)
Surrenders and Withdrawals
Any time before the Annuity Date, you may request a surrender of or withdrawal
from your Contract. Federal and state income taxes may apply to surrenders and withdrawals (including withdrawals made under the SecurePay
Income rider), and a 10% federal additional tax may apply if the surrender or withdrawal occurs before the Owner reaches age 59½.
(See “TAXATION OF ANNUITIES IN GENERAL — Taxation of Withdrawals and Surrenders.”) A surrender charge may also apply
to surrenders and withdrawals under the Contract. Surrenders and withdrawals will reduce your death benefit and certain other benefits
under your Contract. (See “CHARGES AND DEDUCTIONS”.) A surrender value may be available under certain Annuity Options. (See
“ANNUITY PAYMENTS — Annuity Options.”) In accordance with SEC regulations, surrenders and withdrawals are payable
within 7 calendar days of our receiving your request in “good order”. (See “SUSPENSION OR DELAY IN PAYMENTS.”)
A surrender or withdrawal request will be deemed in “good order” if the transaction service form is fully and accurately
completed and signed by the Owner(s) and received by us at our Administrative Office.
Surrenders
At any time before the Annuity Date, you may request a surrender of your
Contract for its surrender value either by Written Notice or by facsimile. Surrenders requested by facsimile are subject to limitations.
Currently, we accept facsimile requests for surrenders of Contracts that have a Contract Value of $50,000 or less. For Contracts
that have a Contract Value greater than $50,000, we will only accept surrender requests by Written Notice. We may eliminate your ability
to request a surrender by facsimile or change the requirements for your ability to request a surrender by facsimile for any Contract or
class of Contracts at any time without prior notice. We will pay you the surrender value in a lump sum.
Withdrawals
Any time before the Annuity Date, you may request a withdrawal of your Contract
Value provided the Contract Value remaining after the withdrawal is at least $5,000. If you request a withdrawal that would reduce your
Contract Value below $5,000, then the Company will (1) confirm the request for partial withdrawal with the Contract Owner, and, (2) if
the request is confirmed, will treat the request for partial withdrawal as a request to fully surrender the Contract. Please note that
if you have selected the SecurePay Income rider special withdrawal rules apply. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”).”)
You may request a withdrawal by Written Notice or by facsimile. If we have
received your completed telephone withdrawal authorization form, you may also request a withdrawal by telephone. Withdrawals requested
by telephone or facsimile are subject to limitations. Currently, we accept requests for withdrawals by telephone or facsimile for amounts
not exceeding 25% of the Contract Value, up to a maximum of $50,000. For withdrawals in excess of 25% of the Contract Value and/or
$50,000, we will only accept withdrawal requests by Written Notice. We may eliminate your ability to make withdrawals by telephone or
facsimile or change the requirements for your ability to make withdrawals by telephone or facsimile for any Contract or class of Contracts
at any time without prior notice.
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You may specify the amount of the withdrawal to be made from any Investment Option. If you
do not so specify, or if the amount in the designated Investment Option(s) is inadequate to comply with the request, we will withdraw
the amount from each Investment Option based on the proportion that the value of each bears to the total Contract Value.
Withdrawals will reduce your Contract Value and Death Benefit payable, and
may reduce the value of the SecurePay rider.
Signature Guarantees
Signature guarantees are required for withdrawals or surrenders of
$50,000 or more.
Signature guarantees are relied upon as a means of preventing the perpetuation
of fraud in financial transactions, including the disbursement of funds or assets from a victim’s account with a financial institution
or a provider of financial services. They provide protection to investors by, for example, making it more difficult for a person to take
another person’s money by forging a signature on a written request for the disbursement of funds.
An investor can obtain a signature guarantee from more than 7,000 financial
institutions across the United States and Canada that participate in a Medallion signature guarantee program. The best source of a signature
guarantee is a bank, savings and loan association, brokerage firm, or credit union with which you do business. Guarantor firms may, but
frequently do not, charge a fee for their services.
A notary public cannot provide a signature
guarantee. Notarization will not substitute for a signature guarantee.
Surrender Value
The surrender value of any surrender or withdrawal request is equal to the
Contract Value surrendered or withdrawn minus any applicable surrender charge, contract maintenance fee and premium tax. The amount we
will pay you if you request a withdrawal depends on whether you request a “gross” withdrawal or a “net” withdrawal.
For a “gross” withdrawal, this amount is equal to the Contract Value withdrawn minus any applicable surrender charge and
premium tax. For a “net” withdrawal, this amount is equal to the Contract Value withdrawn less any premium tax (we will
deduct the surrender charge from your remaining Contract Value after we process the withdrawal). (See “CHARGES AND DEDUCTIONS — Surrender
Charge (Contingent Deferred Sales Charge).”) We will determine the surrender value as of the end of the Valuation Period during
which we receive your request in “good order” at our Administrative Office. A surrender or withdrawal request will be deemed
in “good order” if the transaction service form is fully and accurately completed and signed by the Owner(s) and received
by us at our Administrative Office. Valuation Periods end at the close of regular trading on the New York Stock Exchange. We will process
any request received at our Administrative Office after the end of the Valuation Period on the next Valuation Date.
Cancellation of Accumulation Units
Surrenders and withdrawals, including any surrender charges, will result
in the cancellation of Accumulation Units from each applicable Sub-Account(s) and/or in a reduction of the Guaranteed Account value.
Surrender and Withdrawal Restrictions
The Owner’s right to make surrenders and withdrawals is subject to
any restrictions imposed by applicable law or employee benefit plan.
In the case of certain Qualified Plans, federal tax law imposes restrictions
on the form and manner in which benefits may be paid. For example, spousal consent may be needed in certain instances before a distribution
may be made. For details about the restrictions under your Qualified Plan, please contact your plan administrator.
Automatic Withdrawals
Currently, we offer an automatic withdrawal plan. This plan allows you to
pre-authorize periodic withdrawals prior to the Annuity Date. You may elect to participate in this plan at the time of application or
at a later date by properly completing an election form. Payments to you under this plan will only be made by electronic fund transfer.
In order to participate in the plan you must have made an initial Purchase Payment of at least $5,000 or have a Contract Value as of the
previous Contract Anniversary of at least $5,000.
The automatic withdrawal plan and the automatic purchase payment plan may
not be elected simultaneously. (See “Purchase Payments.”) There may be federal and state income tax consequences to automatic
withdrawals from the Contract, including the possible imposition of a 10% federal additional tax if the withdrawal occurs before the Owner
reaches age 59½. You should consult your tax advisor before participating in any withdrawal program. (See “Taxation of Withdrawals
and Surrenders.”)
When you elect the automatic withdrawal plan, you will instruct Protective
Life to withdraw a level dollar amount from the Contract on a monthly or quarterly basis. Automatic withdrawals may be made on the 1st
through the 28th day of each
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month. The amount requested must be at least $100 per withdrawal. We will process withdrawals
for the designated amount until you instruct us otherwise. If, during any Contract Year, the amount of the withdrawals exceeds the “free
withdrawal amount” described in the “Surrender Charge” section of this Prospectus, we will deduct a surrender charge
where applicable. (See “Surrender Charge.”) Automatic withdrawals will be taken pro-rata from the Investment Option in proportion
to the value each Investment Option bears to the total Contract Value. We will pay you the amount requested each month or quarter as applicable
and cancel the applicable Accumulation Units.
If any automatic withdrawal transaction would result in a Contract Value
of less than $5,000 after the withdrawal, the transaction will not be completed and the automatic withdrawal plan will terminate. Once
automatic withdrawals have terminated due to insufficient Contract Value, they will not be automatically reinstated in the event that
your Contract Value should reach $5,000 again. The automatic withdrawal plan may be discontinued by the Owner by Written Notice at any
time for any reason. Upon receipt of Due Proof of Death of an Owner at our Administrative Office, we will terminate the automatic withdrawal
plan.
There is no charge for the automatic withdrawal plan. If you purchase the
SecurePay Income rider, however, you should consider whether to elect an automatic withdrawal plan, keeping in mind that any withdrawals
taken before the Benefit Election Date will proportionately reduce the rider’s Benefit Base, which is used to determine the amount
of the SecurePay withdrawals available to you, in the same proportion that each withdrawal reduces the Contract Value on the date of the
withdrawal. Automatic withdrawals will ultimately reduce the value of the SecurePay withdrawals available to you. (See “PROTECTED
LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”).”) If you have selected the SecurePay Income rider under your Contract,
any automatic withdrawal plan in effect will terminate on the Benefit Election Date. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”).”) We reserve the right to discontinue the automatic withdrawal plan upon written notice to you.
THE GUARANTEED ACCOUNT
The Guaranteed Account has not been, and is not required to be, registered
with the SEC under the Securities Act of 1933, as amended (the “1933 Act”), and neither these accounts nor the Company’s
general account have been registered as an investment company under the 1940 Act. Therefore, neither the Guaranteed Account, the Company’s
general account, nor any interests therein are generally subject to regulation under the 1933 Act or the 1940 Act. The disclosures relating
to the Guaranteed Account included in this Prospectus are for the Owner’s information. However, such disclosures are subject to
certain generally applicable provisions of federal securities law relating to the accuracy and completeness of statements made in prospectuses.
The Guaranteed Account consists of the Fixed Account and the DCA Accounts.
We may not always offer the Fixed Account or the DCA Accounts in new Contracts. If we are offering the Fixed Account or any of the DCA
Accounts in your state at the time you purchase your Contract, however, those accounts will always be available in your Contract. Please
ask your sales representative whether the Fixed Account and any DCA Accounts are available in your Contract.
From time to time and subject to regulatory approval, we may offer Fixed
Accounts or DCA Accounts with different interest guaranteed periods. We, in our sole discretion, establish the interest rates for each
account in the Guaranteed Account. We will not declare a rate that yields values less than those required by the state in which the Contract
is delivered. You bear the risk that we will not declare a rate that is higher than the minimum rate. Because these rates vary from time
to time, allocations made to the same account within the Guaranteed Account at different times may earn interest at different rates. The
guaranteed minimum interest for each account in the Guaranteed Account is disclosed in the specification pages of your Contract. The current
interest rate for each account in the Guaranteed Account under your Contract is available to you through your myprotective.com account
or by calling toll-free 1-800-456-6330.
The guaranteed minimum interest rate for both the Fixed Account and the
DCA Account can be found on the Contract Specifications Page of your Contract. The guaranteed minimum interest rate is set on the Issue
Date of your Contract and will not change for the life of the Contract. We determine the guaranteed minimum interest rate for new Contracts
once each year in accordance with the National Association of Insurance Commissioners Standard Nonforfeiture Law for Individual Deferred
Annuities. The guaranteed minimum interest rate for the Fixed Account and the DCA Accounts will not be less than an annual rate of interest
of 1%.
Our General Account
The Guaranteed Account is part of our general account. Unlike Purchase Payments
and Contract Value allocated to the Variable Account, we assume the risk of investment gain or loss on amounts held in the Fixed Account
and the DCA Accounts.
The assets of our general account support our insurance and annuity obligations
and are subject to our general liabilities from business operations and to claims by our creditors. Because amounts allocated to the Fixed
Account and the DCA Accounts, plus any guarantees under the Contract that exceed your Contract Value (such as those
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associated with any enhanced death benefits or the SecurePay Income rider), are paid from
our general account, any amounts that we may pay under the Contract in excess of Variable Account value are subject to our financial strength
and claims-paying ability. It is important to note that there is no guarantee that we will always be able to meet our claims-paying obligations,
and that there are risks to purchasing any insurance product. For this reason, you should consider our financial strength and claims paying
ability to meet our obligations under the Contract when purchasing a Contract and making investment decisions under the Contract.
We encourage both existing and prospective Owners to read and understand
our financial statements. We prepare our financial statements on a statutory basis as required by state regulators.
Our audited statutory financial statements are incorporated by reference
in the Statement of Additional Information (which is available at no charge by calling us at 1-800-456-6330
or writing us at the address shown on the cover page of this Prospectus). In addition, the Statement of Additional Information is available
on the SEC’s website at http://www.sec.gov.
You also will find on our website information on ratings assigned to us
by one or more independent rating organizations. These ratings are opinions of our financial capacity to meet the obligations of our insurance
and annuity contracts based on our financial strength and/or claims-paying ability.
The Fixed Account
You generally may allocate some or all of your Purchase Payments and may
transfer some or all of your Contract Value to the Fixed Account. Amounts allocated or transferred to the Fixed Account earn interest
from the date the funds are credited to the account. There are limitations on transfers involving the Fixed Account. Due to this limitation,
if you want to transfer all of your Contract Value from the Fixed Account to the Variable Account, it may take several years to do
so. You should carefully consider whether the Fixed Account meets your investment needs. (See “Transfers.”)
The interest rates we apply to amounts allocated to the Fixed Account are
guaranteed for one year from the date the amount is credited to the account. When an interest rate guarantee expires, we will set a new
interest rate, which may not be the same as the interest rate then in effect for amounts allocated to the Fixed Account. The new interest
rate is also guaranteed for one year.
If you have elected the SecurePay Income rider, you may not allocate any
portion of your Purchase Payments or Contract Value to the Fixed Account. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”).”)
The DCA Accounts
DCA Accounts are designed to systematically transfer amounts to the Sub-Accounts
of the Variable Account over a designated period. (See “Transfers, Dollar Cost Averaging.”) We currently offer two DCA Accounts.
The maximum period for dollar cost averaging transfers from DCA Account 1 is six months and from DCA Account 2 is twelve months.
The DCA Accounts are available only for Purchase Payments designated for
dollar cost averaging. Purchase Payments may not be allocated into any DCA Account when that DCA Account value is greater than $0, and
all funds must be transferred from a DCA Account before allocating a Purchase Payment to that DCA Account. Where we agree, under current
administrative procedures, to allocate a Purchase Payment to any DCA Account in installments from more than one source, we will credit
each installment with the interest rate applied to the first installment we receive. The interest rate we apply to Purchase Payments allocated
to a DCA Account is guaranteed for the period over which dollar cost averaging transfers are allowed from that DCA Account.
Guaranteed Account Value
Any time prior to the Annuity Date, the Guaranteed Account value is equal
to the sum of:
1.
Purchase Payments allocated to
the Guaranteed Account; plus
2.
amounts transferred into the
Guaranteed Account; plus
3.
interest credited to the Guaranteed
Account; minus
4.
amounts transferred out of the
Guaranteed Account, including any transfer fee; minus
5.
the amount of any surrenders
removed from the Guaranteed Account, including any premium tax and surrender charges; minus
6.
fees deducted from the Guaranteed
Account, including the monthly death benefit fee, the quarterly Premium Based Charge, and the annual contract maintenance fee.
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For the purposes of interest crediting, amounts deducted, transferred or withdrawn from
accounts within the Guaranteed Account will be separately accounted for on a “first-in, first-out” (FIFO) basis.
DEATH BENEFIT
If any Owner dies before the Annuity Date and while this Contract is in
force, we will pay a death benefit, less any applicable premium tax, to the Beneficiary. The death benefit terminates on the Annuity Date.
We will determine the death benefit as of the end of the Valuation Period
during which we receive at our Administrative Office Due Proof of Death of the Owner, either by certified death certificate or by judicial
order from a court of competent jurisdiction or similar tribunal. If we receive Due Proof of Death after the end of the Valuation Period,
we will determine the death benefit on the next Valuation Date. Only one death benefit is payable under this Contract, even though the
Contract may, in some circumstances, continue beyond the time of an Owner’s death. If any Owner is not a natural person, the death
of the Annuitant is treated as the death of an Owner. In the case of certain Qualified Contracts, Treasury Department regulations prescribe
certain limitations on the designation of a Beneficiary. The following discussion generally applies to Qualified Contracts and non-Qualified
Contracts, but there are some differences in the rules that apply to each, except where noted otherwise. In that regard, the post-death
distribution requirements for Qualified Contracts and Non-Qualified Contracts are similar, but there are some significant differences.
For a discussion of the post-death distribution requirements for Qualified Contracts, see “QUALIFIED RETIREMENT PLANS, Required
Minimum Distributions.”
The death benefit provisions of this Contract shall be interpreted to comply
with the requirements of Section 72(s) of the Code in the case of a Non-Qualified Contract, and Section 401(a)(9) of the Code
in the case of a Qualified Contract. We reserve the right to endorse the Contract, as necessary, to conform with regulatory requirements.
We will send you a copy of any endorsement containing such Contract modifications.
Please note that any death benefit payment we make in excess of the Variable
Account value is subject to our financial strength and claims-paying ability.
Payment of the Death Benefit
The Beneficiary may take the death benefit in one sum immediately, in which
event the Contract will terminate.
If the death benefit is not taken in one sum immediately, the death benefit
will become the new Contract Value as of the end of the Valuation Period during which we receive Due Proof of Death of the Owner, and
the entire Contract Value must be distributed under one of the following options:
1.
the entire Contract Value must
be distributed over the life of the Beneficiary, or over a period not extending beyond the life expectancy of the Beneficiary, with distributions
beginning within one year of the Owner’s death, and subject to certain further limits in the case of a Qualified Contract; or,
2.
the entire Contract Value must
be distributed (i) within 5 years of the Owner’s death if the Contract is a Non-Qualified Contract or, in some cases,
a Qualified Contract, or (ii) within 10 years of the Owner’s death if the Contract is a Qualified Contract and the 5-year
requirement does not apply under applicable federal tax rules.
The tax rules for Qualified Contracts differ in some material respects from
the tax rules for Non-Qualified Contracts, including by limiting the types of beneficiaries who can elect the first option above and the
circumstances in which a 5-year or 10-year distribution requirement will apply. See “QUALIFIED RETIREMENT PLANS, Temporary Rules
under the CARES Act and Required Minimum Distributions.”
If there is more than one Beneficiary, each Beneficiary must submit instructions
in Good Order specifying the manner in which the Beneficiary wishes to receive his or her portion of the death benefit, and the value
of each Beneficiary’s portion of the claim is established as of date we receive that Beneficiary’s claim. Until the death
benefit is fully distributed, however, the undistributed portion of the death benefit will remain invested in accordance with the Owner’s
allocation instructions. Accordingly, if we do not receive instructions in Good Order from the Beneficiary (or Beneficiaries) to make
an immediate distribution or transfer all or part of the Beneficiary’s portion of the death benefit to the Fixed Account, the value
of the portion of the death benefit that remains invested in the Sub-Accounts will be subject the investment performance of the underlying
Funds, and may increase or decrease in value.
Automatic Transfers Upon
the Death of an Owner. In the event of the Owner’s death, all automatic transfers in the Contract, such as dollar cost averaging
and portfolio rebalancing will cease upon our receipt of Due Proof of Death of the Owner at our Administrative Office. A surviving spouse
who elects to continue the Contract and become the new Owner may elect to participate in the dollar cost averaging or portfolio rebalancing
program, subject to the requirements governing those programs as described in this Prospectus. Any Beneficiary who elects to receive payment
of the
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Death Benefit over their lifetime or within 5 or 10 years of the Owner’s death
(as applicable under federal tax rules), may elect to participate in the portfolio rebalancing program, subject to the requirements governing
that program described in this Prospectus. See, “DEATH BENEFIT — Payment of the Death Benefit”.
Continuation of the Contract by a Surviving Spouse
In the case of non-Qualified Contracts and Contracts that are individual
retirement annuities within the meaning of Code Section 408(b), if the deceased Owner’s spouse is the sole Beneficiary, the
surviving spouse may elect, in lieu of receiving a death benefit, to continue the Contract and become the new Owner. This election is
only available, however, if:
a.
the surviving spouse’s
age on the Contract Issue Date would not have prevented her or his purchase of the Contract on that date;
b.
the surviving spouse’s
age on either the Contract Issue Date or
any date prior to the date on which we accept the request for continuation, would not have prevented the purchase of any optional benefit
associated with the Contract on the requested continuation date; and
c.
the Maximum Annuity Date on the
requested continuation date is on or after the Annuity Date in effect on the deceased spouse’s date of death, unless we agree otherwise.
The Contract will continue with the value of the death benefit having become
the new Contract Value as of the end of the Valuation Period during which we received Due Proof of Death of the Owner. The death benefit
is not terminated by a surviving spouse’s continuation of the Contract. The surviving spouse may select a new Beneficiary. Upon
this spouse’s death, the death benefit may be taken in one sum immediately and the Contract will terminate. If the death benefit
is not taken in one sum immediately, the death benefit will become the new Contract Value as of the end of the Valuation Period during
which we receive Due Proof of Death and must be distributed to the new Beneficiary according to option (1) or (2), described above
under “Payment of the Death Benefit.”
A Contract may be continued by a surviving spouse only once. This benefit
will not be available to any subsequent surviving spouse under the continued Contract.
The rights of a Beneficiary under an annuity contract depend in part upon
whether the Beneficiary is recognized as a “spouse” under federal tax law. A Beneficiary who is recognized as a spouse is
treated more favorably than a Beneficiary who is not a spouse for federal tax purposes. Specifically, a Beneficiary who is the spouse
of the deceased Owner may continue the Contract and become the new Owner, as described above. In contrast, a Beneficiary who is not recognized
as a spouse of the deceased Owner generally must surrender the Contract within 5 or 10 years of the Owner’s death, or take
distributions from the Contract over the Beneficiary’s life or life expectancy, beginning within one year of the deceased Owner’s
death, with the applicable rules different depending on whether the Contract is a Non-Qualified Contract or a Qualified Contract.
U.S. Treasury Department regulations provide that for federal tax purposes,
the term “spouse” does not include individuals (whether of the opposite sex or the same sex) who have entered into a registered
domestic partnership, civil union, or other similar formal relationship that is not denominated as a marriage under the laws of the state
where the relationship was entered into, regardless of domicile. In addition, if the Owner and the Beneficiary are no longer married as
of the date of death, such individuals are no longer treated as spouses for federal tax purposes. As a result, if a Beneficiary of a deceased
Owner and the Owner were parties to a civil union or domestic partnership, or if the Beneficiary and the deceased Owner were no longer
married as of the date of death, the Beneficiary will be required by federal tax law to take distributions from the Contract in the manner
applicable to non-spouse Beneficiaries and will not be able to continue the Contract.
If you have questions concerning your
status as a spouse for federal tax purposes and how that status might affect your rights under the Contract, you should consult your legal
adviser.
Whether a Beneficiary is recognized as a spouse who is eligible to continue
the Contract affects the rights and benefits under the SecurePay Income rider. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”).”) If applicable state law affords legal recognition
of domestic partnerships or civil unions, we will treat those individuals in a bona fide civil union or domestic partnership as spouses
for the purposes of the rider benefits. Individuals in these relationships
are both eligible to be Covered Persons under the rider, and will receive benefits as long as both
are alive. However, as described earlier in this section, federal law does
not recognize the parties to these relationships as spouses for federal tax purposes, so the surviving Beneficiary may
not continue the Contract and become the new Owner. In addition, if the Owner and the Beneficiary are no longer married as of the
date of death, such individuals are no longer treated as spouses for federal tax purposes. As a result, the surviving Beneficiary —
who is not a spouse under federal tax law — will be required to take distributions from the Contract under the rules that apply
34
to a non-spouse Beneficiary. In some circumstances, distributing the remaining
Contract Value under these rules could substantially reduce or eliminate the rider’s benefit while the surviving Beneficiary is
still alive.
In addition, the rider allows the surviving spouse of a deceased
Owner who continues the Contract and becomes the new Owner to either continue the rider or purchase a new rider (depending on the date
of death and whether the rider provides single or joint life coverage). This right is only available to an individual who was the spouse
of the deceased Owner within the meaning of federal tax law because only such a spouse is eligible to continue the Contract under federal
tax law.
An individual who is a
party to a civil union or a domestic partnership should not purchase the SecurePay Income rider before consulting legal and financial
advisors and carefully evaluating whether the SecurePay Income rider is suitable for his or her needs.
Selecting a Death Benefit
This Contract offers a standard death
benefit, the Contract Value Death Benefit, and four optional death benefits, the Return of Purchase Payments Death Benefit,
the Maximum Anniversary Value Death Benefit, the Maximum Quarterly Value Death Benefit, and the Maximum Daily Value Death Benefit. The
following table summarizes information about the death benefits available under the Contract.
?
| |
Name of Benefit |
| |
Purpose |
| |
Is Benefit Standard or Optional? |
| |
Maximum Fee |
| |
Brief Description of Restrictions/Limitations |
|
| |
|
| | | | | | | |
•
|
| |||
| |
|
| | Equal to the greater of:
1.
the Contract Value, or
2.
|
| | | | | | •
Available only at purchase.
•
Death Benefit will never be more
than the Contract Value plus $1,000,000.
•
It is possible that this Death
Benefit will be no greater than the Contract Value Death Benefit, for which we do not assess a fee.
•
Withdrawals can reduce the value
of the Death Benefit by more than the amount withdrawn. |
| ||
| |
|
| | Equal to the greatest of:
1.
the Contract Value,
2.
the aggregate Purchase
Payments less an adjustment for each withdrawal, or
3.
the greatest anniversary value
attained prior to the older Owner’s 83rd birthday. |
| | | | | | •
Available only at purchase.
•
Death Benefit will never be more
than the Contract Value plus $1,000,000.
•
It is possible that this Death
Benefit will be no greater than the Contract Value Death Benefit, for which we do not assess a fee.
•
Cannot be elected if the oldest
Owner is 78 or older.
•
Withdrawals can reduce the value
of the Death Benefit by more than the amount withdrawn. |
|
35
?
| |
Name of Benefit |
| |
Purpose |
| |
Is Benefit Standard or Optional? |
| |
Maximum Fee |
| |
Brief Description of Restrictions/Limitations |
|
| |
|
| | Equal to the greatest of:
1.
the Contract Value,
2.
the aggregate Purchase Payments
less an adjustment for each withdrawal, or
3.
the greatest Quarterly Anniversary
value attained prior to the older Owner’s 83rd birthday. |
| | | | | | •
Available only at purchase.
•
Death Benefit will never be more
than the Contract Value plus $1,000,000.
•
It is possible that this Death
Benefit will be no greater than the Contract Value Death Benefit, for which we do not assess a fee.
•
Cannot be elected if the oldest
Owner is 78 or older.
•
Withdrawals can reduce the value
of the Death Benefit by more than the amount withdrawn. |
| ||
| |
|
| | Equal to the greatest of:
1.
the Contract Value,
2.
the aggregate Purchase Payments
less an adjustment for each withdrawal (adjustment reduced the Maximum Daily Value Death Benefit at the time of the withdrawal in the
same proportion that the amount withdrawn, including any surrender charges, reduces the Contract Value), or
3.
the greatest Daily Value attained
prior to the older Owner’s 83rd birthday |
| | | | | | •
Available only at purchase.
•
Death Benefit will never be more
than the Contract Value plus $1,000,000.
•
It is possible that this Death
Benefit will be no greater than the Contract Value Death Benefit, for which we do not assess a fee.
•
Cannot be elected if the oldest
Owner is 78 or older.
•
Withdrawals can reduce the value
of the Death Benefit by more than the amount withdrawn. |
|
You
must determine the type of death benefit you want when you apply for your Contract. You may not change your death benefit selection
after your Contract is issued.
The Contract
Value Death Benefit is included with your Contract at no additional charge. You may select the optional Return of Purchase Payments
Death Benefit, the Maximum Anniversary Value Death Benefit, the Maximum Quarterly Value Death Benefit, or the Maximum Daily Value Death
Benefit for an additional fee, but with respect to the Maximum Anniversary Value Death Benefit, the Maximum Quarterly Value Death Benefit,
and the Maximum Daily Value Death Benefit only if the oldest Owner is younger than 78 on the Issue Date of the Contract.
You should carefully consider each of
these death benefits and consult a qualified financial adviser to help you carefully consider the death benefits offered with the Contract,
and if you select the Return of Purchase Payments Death Benefit, the Maximum Anniversary Death Benefit, the Maximum Quarterly Value Death
Benefit, or the Maximum Daily Value Death Benefit, the relative costs, benefits and risks of the fee options in your particular situation.
Contract Value Death Benefit
The Contract Value Death Benefit will equal the Contract Value.
Optional Return of Purchase
Payments Death Benefit
The Return of Purchase Payments Death Benefit will equal
the greater of (1) the Contract Value, or (2) the aggregate Purchase Payments less an adjustment for each withdrawal
(including any withdrawal made under the SecurePay Income rider); provided, however, that the
Return of Purchase Payments Death Benefit will never be more than the
36
Contract Value plus $1,000,000. The adjustment for each withdrawal is described below under
“Adjustment of the Death Benefit Amount for Withdrawals.” See “APPENDIX: EXAMPLE OF DEATH BENEFIT CALCULATIONS”
for an example of the calculation of the Return of Purchase Payments Death Benefit.
It is possible that, at the time of an
Owner’s death, the Return of Purchase Payments Death Benefit will be no greater than the Contract Value Death Benefit, for which
we do not assess a fee. You should consult a qualified financial advisor to carefully consider this possibility and the cost of the Return
of Purchase Payments Death Benefit before you decide whether the Return of Purchase Payments Death Benefit is right for you.
Suspension of Return
of Purchase Payments Death Benefit. For a period of one year after any change of ownership involving a natural
person, the death benefit will equal the Contract Value. During the one-year suspension period, we will continue to calculate the Return
of Purchase Payments Death Benefit; however, if any Owner dies during this period we will only pay the Contract Value as of the end of
the Valuation Period during which we receive Due Proof of Death at our Administrative Office. If death occurs after the one-year period
has ended, we will include Purchase Payments received and withdrawals made during the one-year suspension when calculating the Return
of Purchase Payments Death Benefit.
Return of Purchase Payments Death Benefit
Fee
We assess a fee for the Return of Purchase Payments Death Benefit. If you
select this death benefit, you must pay a fee based on the value of the death benefit on the day the fee is assessed. This fee is assessed
on a monthly basis. (See “CHARGES AND DEDUCTIONS, Death Benefit Fees.”)
Optional Maximum Anniversary Value Death
Benefit
At the time of application, you may select the Maximum Anniversary Value
Death Benefit if the Issue Date of the Contract is before the oldest Owner’s 78th
birthday.
We will determine an anniversary value for each Contract Anniversary occurring
before the earlier of the older Owner’s 83rd birthday or
the deceased Owner’s date of death. Each anniversary value is equal to the sum of:
•
the Contract Value on that Contract
Anniversary; plus
•
all Purchase Payments since that
Contract Anniversary; minus
•
an adjustment for each withdrawal
(including any withdrawal made under the SecurePay Income rider) since that Contract Anniversary (see “Adjustment of the Death
Benefit Amount for Withdrawals”).
The Maximum Anniversary Value Death Benefit will equal the greatest of
(1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal (including any withdrawal
made under the SecurePay Income rider); or (3) the greatest anniversary value attained prior to the older Owner’s 83rd
birthday; provided, however, that the Maximum Anniversary Value Death Benefit will never
be more than the Contract Value plus $1,000,000. The adjustment for each withdrawal is described below under “Adjustment of the
Death Benefit Amount for Withdrawals.” See “APPENDIX: EXAMPLE OF DEATH BENEFIT CALCULATIONS” for an example of the
calculation of the Maximum Anniversary Value Death Benefit.
It is possible that, at the time of an
Owner’s death, the Maximum Anniversary Value Death Benefit will be no greater than the Contract Value Death Benefit, for which
we do not assess a fee. You should consult a qualified financial advisor to carefully consider this possibility and the cost of the Maximum
Anniversary Value Death Benefit before you decide whether the Maximum Anniversary Value Death Benefit is right for you.
Suspension of Maximum
Anniversary Value Death Benefit. For a period of one year after any change of ownership involving a natural person,
the death benefit will equal the Contract Value. We will, however, continue to assess the death benefit fee during this period. During
the one-year suspension period, we will continue to calculate the Maximum Anniversary Value Death Benefit; however, if any Owner dies
during this period we will only pay the Contract Value as of the end of the Valuation Period during which we receive Due Proof of Death
at our Administrative Office. If death occurs after the one-year period has ended, we will include the Contract Value on the Contract
Anniversary occurring during the one-year suspension as well as Purchase Payments received and withdrawals made during the one-year suspension
when calculating the Maximum Anniversary Value Death Benefit.
Maximum Anniversary Value Death Benefit
Fee
We assess a fee for the Maximum Anniversary Value Death Benefit. If you
select this death benefit, you must pay a fee based on the value of the death benefit on the day the fee is assessed. This fee is assessed
on a monthly basis. (See “Charges and Deductions, Death Benefit Fees.”) It is possible that this fee (or some portion thereof)
could be treated for federal tax purposes as a withdrawal from the Contract. (See “TAXATION OF ANNUITIES IN GENERAL, Taxation of
Withdrawals and Surrenders.”)
37
Optional Maximum Quarterly Value Death Benefit
At the time of application, you may select the Maximum Quarterly Value Death
Benefit if the Issue Date of the Contract is before the oldest Owner’s 78th
birthday.
We will determine a quarterly value for each Quarterly Anniversary occurring
before the earlier of the older Owner’s 83rd birthday or
the deceased Owner’s date of death. Each quarterly value is equal to the sum of:
•
the Contract Value on that Quarterly
Anniversary; plus
•
all Purchase Payments since that
Quarterly Anniversary; minus
•
an adjustment for each withdrawal
(including any withdrawal made under the SecurePay Income rider) since that Quarterly Anniversary (see “Adjustment of the Death
Benefit Amount for Withdrawals”).
The Maximum Quarterly Value Death Benefit will equal the greatest of
(1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal (including any withdrawal
made under the SecurePay Income rider); or (3) the greatest Quarterly Anniversary value attained prior to the older Owner’s
83rd birthday; provided, however,
that the Maximum Quarterly Value Death Benefit will never be more than the Contract Value plus $1,000,000. The adjustment for each withdrawal
is described below under “Adjustment of the Death Benefit Amount for Withdrawals.” See “APPENDIX: EXAMPLE OF DEATH
BENEFIT CALCULATIONS” for an example of the calculation of the Maximum Quarterly Value Death Benefit.
It is possible that, at the time of an
Owner’s death, the Maximum Quarterly Value Death Benefit will be no greater than the Contract Value Death Benefit, for which we
do not assess a fee. You should consult a qualified financial advisor to carefully consider this possibility and the cost of the Maximum
Quarterly Value Death Benefit before you decide whether the Maximum Quarterly Value Death Benefit is right for you.
Suspension of Maximum
Quarterly Value Death Benefit. For a period of one year after any change of ownership involving a natural person,
the death benefit will equal the Contract Value. We will, however, continue to assess the death benefit fee during this period. During
the one-year suspension period, we will continue to calculate the Maximum Quarterly Value Death Benefit; however, if any Owner dies during
this period we will only pay the Contract Value as of the end of the Valuation Period during which we receive Due Proof of Death at our
Administrative Office. If death occurs after the one-year period has ended, we will include the Contract Value on the Quarterly Anniversary
occurring during the one-year suspension as well as Purchase Payments received and withdrawals made during the one-year suspension when
calculating the Maximum Quarterly Value Death Benefit.
Maximum Quarterly Value Death Benefit Fee
We assess a fee for the Maximum Quarterly Value Death Benefit. If you select
this death benefit, you must pay a fee based on the value of the death benefit on the day the fee is assessed. This fee is assessed on
a monthly basis. (See “CHARGES AND DEDUCTIONS, Death Benefit Fees.”) It is possible that this fee (or some portion thereof)
could be treated for federal tax purposes as a withdrawal from the Contract. (See “TAXATION OF ANNUITIES IN GENERAL, Taxation of
Withdrawals and Surrenders.”)
Optional Maximum Daily Value Death Benefit
Starting May 1, 2025, at the time of application, you may select the Maximum
Daily Value Death Benefit if the Issue Date of the Contract is before the oldest Owner’s 78th birthday.
We will determine a daily value for each Valuation Date occurring before
the earlier of the older Owner’s 83rd birthday or the deceased Owner’s date of death. Each daily value is equal to the sum
of:
?
•
the Contract Value on that Valuation
Date; plus
?
•
all Purchase Payments since the
last Valuation Date; minus
?
•
an adjustment for each withdrawal
(including any withdrawal made under the SecurePayProtector rider or the SecurePay Investor rider) since the last Valuation Date.
The adjustment for each withdrawal reduces the Maximum Daily Value Death
Benefit at the time of the withdrawal in the same proportion that the amount withdrawn, including any associated surrender charges, reduces
the Contract Value. If the value of the Maximum Daily Value Death Benefit is greater than the Contract
Value at the time of the withdrawal, the downward adjustment to the death benefit will be larger than the amount withdrawn.
The Maximum Daily Value Death Benefit will equal the greatest of
(1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal; or (3) the greatest Maximum Daily
Value death benefit attained
38
prior to the older Owner’s 83rd birthday; provided, however, that the Maximum Daily
Value Death Benefit will never be more than the Contract Value plus $1,000,000. The adjustment for each withdrawal in item (2) is the
amount that reduces the Maximum Daily Value Death Benefit at the time of surrender in the same proportion that the amount withdrawn, including
any associated surrender charges, reduces the Contract Value. If the Contract Value is lower than the
Maximum Daily Value Death Benefit at the time of the withdrawal, the adjustment will be larger than the amount withdrawn. See Appendix:
Example of Death Benefit Calculations for an example of the calculation of the Maximum Daily Value Death Benefit.
It is possible that, at the time of an Owner’s death,
the Maximum Daily Value Death Benefit will be no greater than the Contract Value Death Benefit, for which we do not assess a fee. You
should consult a qualified financial advisor to carefully consider this possibility and the cost of the Maximum Daily Value Death Benefit
before you decide whether the Maximum Daily Value Death Benefit is right for you.
Suspension of Maximum
Daily Value Death Benefit. For a period of one year after any change of ownership involving a natural person, the death benefit
will equal the Contract Value. We will, however, continue to assess the death benefit fee during this period. During the one-year suspension
period, we will continue to calculate the Maximum Daily Value Death Benefit; however, if any Owner dies during this period we will only
pay the Contract Value as of the end of the Valuation Period during which we receive Due Proof of Death at our Administrative Office.
Maximum Daily Value Death Benefit Fee
We assess a fee for the Maximum Daily Value Death Benefit. If you select
this death benefit, you must pay a fee based on the value of the death benefit on the day the fee is assessed. This fee is assessed on
a monthly basis. (See “CHARGES AND DEDUCTIONS, Death Benefit Fee.”) It is possible that this fee (or some portion thereof)
could be treated for federal tax purposes as a withdrawal from the Contract. (See “TAXATION OF ANNUITIES IN GENERAL, Taxation of
Withdrawals and Surrenders.”)
Important Considerations for Choosing
a Death Benefit
Under the Optional Maximum Daily Value Death Benefit, we calculate the anniversary
values used in determining the greatest daily value on each Valuation Date prior to the older Owner’s 83rd
birthday. As noted above, the death benefit equals the greatest of: (1) the Contract Value, (2) aggregate Purchase Payments
less adjustment for withdrawals or (3) the greatest Maximum Daily Value.
We use a substantially similar formula to calculate the death benefit under
the Maximum Quarterly Value Death Benefit and the Maximum Anniversary Value Death Benefit. However, the anniversary values used in determining
the Maximum Quarterly Value Death Benefit and the Maximum Anniversary Value Death Benefit are calculated less frequently, on each Quarterly
Anniversary or on each Contract Anniversary, respectively.
By choosing the Optional Maximum Quarterly Value Death Benefit or the Maximum
Daily Value Death Benefit, an Owner will increase the number of times per Contract Year that the value of the death benefit payable under
the Contract is calculated. As a result, the value of the death benefit may be less affected by a large short term decline in Contract
Value. Owners who are concerned about short term downward volatility in their Contract Value may therefore want to consider one of these
optional death benefits. By calculating death benefit values quarterly or daily, rather than annually, a larger number of values are used
to determine the death benefit. This increases the potential for a higher value, and in turn, the potential for a higher death benefit.
At the same time, it may limit the impact of a lower Contract Anniversary value and corresponding lower death benefit.
Adjustment of the Death Benefit Amount for Withdrawals
The amount of the adjustment for each withdrawal under the Return of Purchase
Payments Death Benefit, the Maximum Anniversary Value Death Benefit, the Maximum Quarterly Value Death Benefit, or the Maximum Daily Value
Death Benefit calculation depends on whether or not you have selected the SecurePay Income rider and established your SecurePay Benefit
Election Date.
If you have selected the SecurePay Income
rider and have established a SecurePay Benefit Election Date as of the date of the withdrawal, then all or any part of a withdrawal
that is a “SecurePay Withdrawal” under your SecurePay Income rider will cause a dollar-for-dollar reduction in the amount
of your death benefit (see “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”) — Beginning Your SecurePay
Withdrawals”).
Any withdrawal that is not a SecurePay
Withdrawal will cause a reduction in the amount of your death benefit in the same proportion that the withdrawal, including any associated
surrender charges, reduces your Contract Value. Withdrawals subject to this proportional adjustment include:
•
All withdrawals if you have not
selected the SecurePay Income rider;
39
•
All withdrawals if you have not established your Benefit Election
Date under the SecurePay Income rider as of the date of the withdrawal; and
•
All or any part of a withdrawal
that is an “Excess Withdrawal” under the SecurePay Income rider (see PROTECTED LIFETIME INCOME BENEFIT (SECUREPAY INCOME)
- Excess Withdrawals.”
If
the value of your death benefit is greater than the Contract Value at the time of any withdrawal that is not
a SecurePay Withdrawal (including all or any part of a withdrawal that is an Excess Withdrawal), then the downward adjustment to the death
benefit will be greater than the amount withdrawn.See “APPENDIX: EXAMPLE OF DEATH BENEFIT CALCULATIONS” for an example
of the Calculation of the Contract Value Death Benefit, the Return of Purchase Payments Death Benefit, the Maximum Anniversary Value Death
Benefit, the Maximum Quarterly Value Death Benefit, and the Maximum Daily Value Death Benefit.
For purposes of calculating any reduction in your death benefit: 1) we will
view the SecurePay Income rider and Benefit Election Date as being in effect if a withdrawal occurs on the same date as the Benefit Election
Date; and 2) we will view the SecurePay Income rider as not being in effect if your SecurePay
Income rider is terminated on the same date that you take a withdrawal.
The optional death benefit riders and their associated fees will automatically
terminate upon the occurrence of any of the following events:
•
settlement of a claim for the
death benefit; or
•
application of the Contract Value
to an Annuity Option; or
•
the Contract Value is reduced
to $0; or
•
the Contract is surrendered or
otherwise terminated.
Escheatment of Death Benefit
Every state has unclaimed property laws which generally declare annuity
contracts to be abandoned after a period of inactivity of 3 to 5 years from the contract’s annuity date or date the death benefit
is due and payable. For example, if the payment of a death benefit has been triggered, but, if after a thorough search, we are still unable
to locate the Contract 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 paid to the abandoned property division or unclaimed property office of the state in which the beneficiary
or the Owner last resided, as shown on our books and records, or to our state of domicile. We will withhold tax and tax report on the
amount that escheats to the state. This “escheatment” is revocable, however, and the state is obligated to pay the death
benefit (without interest) if your beneficiary steps forward to claim the death benefit with the proper documentation. To prevent such
escheatment, it is important that you update your beneficiary designations, including addresses, if and as they change. Such updates should
be communicated in writing, by telephone, or other approved electronic means to our Administrative Office.
PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”)
If you are concerned that poor investment performance or market volatility
in the Sub-Accounts may adversely impact the amount of money you can withdraw from your Contract, we offer for an additional charge an
optional protected lifetime income benefit rider — the SecurePay Income rider. Under this rider, we guarantee the right to make
withdrawals each Contract Year for life (subject to certain conditions) — even if your Contract Value declines, or reduces to zero,
due to poor market performance.
40
The following table summarizes information about the optional SecurePay Income
rider available under the Contract.
?
| |
Name of Benefit |
| |
Purpose |
| |
Maximum Fee |
| |
Current Fee |
| |
Brief Description of Restrictions/Limitations |
|
| | |
| | | |
|
| | See Rate Sheet Prospectus Supplement | | | •
Benefit limits available Investment Options during accumulation phase
and withdrawal phase.
•
Allocation of Purchase Payments
or Contract Value to the Fixed Account is not permitted.
•
No Purchase Payments two years
or more after Rider Issue Date or on or after Benefit Election Date, whichever comes first.
•
If an Advance option is elected,
the withdrawal percentage will be reduced after the guaranteed period.
•
Excess Withdrawals may significantly
reduce or eliminate value of benefit.
•
Available to Contract Owners age
55 to 80.
•
Currently unavailable in California.
•
Not available for Inherited IRA
Contracts. |
| |
| | |
| | | |
|
| | See Rate Sheet Prospectus Supplement | | | •
Benefit limits available Investment Options during accumulation phase
and withdrawal phase.
•
Allocation of Purchase Payments
or Contract Value to the Fixed Account is not permitted.
•
No Purchase Payments two years
or more after Rider Issue Date or on or after Benefit Election Date, whichever comes first.
•
Excess Withdrawals may significantly
reduce or eliminate value of benefit.
•
Available to Contract Owners age
55 to 80.
•
Not available for Inherited IRA
Contracts. |
|
(1)
Fee is calculated as a percentage of the Benefit Base.
Please note that any amounts in excess of the Variable Account
value that we make available through withdrawals, lifetime payments, or guaranteed values under this rider are subject to our financial
strength and claims-paying ability.
THE SECUREPAY INCOME RIDER
In general, the SecurePay Income rider guarantees the right
to make withdrawals (“SecurePay Withdrawals”) based upon the value of a protected lifetime income benefit base (“Benefit
Base”) that will remain fixed if your Contract Value has declined due to poor market performance, provided you comply with the
terms and conditions of the rider. Withdrawals from your Contract before the Benefit Election Date, and Excess Withdrawals on or after
the Benefit
41
Election Date, reduce the Benefit Base. (For more information regarding the effect of withdrawals
and Excess Withdrawals on the Benefit Base, see “Calculating the Benefit Base Before the Benefit Election Date” and “Calculating
the Benefit Base On or After the Benefit Election Date.”) In order to maintain your SecurePay Income rider, you must allocate Purchase
Payments and Contract Value in accordance with specific Allocation Guidelines and Restrictions that are designed to limit our risk under
the rider. The SecurePay Income rider provides for increases in your Benefit Base on your Contract Anniversary if your Contract Value
has increased. SecurePay Income rider also provides for potential increases in your Benefit Base of up to a certain percentage each Contract
Anniversary during a specified period, even if your Contract Value has not increased.
Under the SecurePay Income rider, the Owner or Owner(s) may designate certain
persons as “Covered Persons” under the Contract. See “Selecting Your Coverage Option.” These Covered Persons
will be eligible to make SecurePay Withdrawals each Contract Year up to a specified amount — the Annual Withdrawal Amount (“AWA”)
— during the life of the Covered Person(s). Annual aggregate withdrawals that exceed the AWA, if any, will result in a reduction
of rider benefits (and may even significantly reduce or eliminate such benefits) because we will reduce the Benefit Base and corresponding
AWA. SecurePay Withdrawals are guaranteed, even if the Contract Value falls to zero after the Benefit Election Date (which is the earliest
date you may begin taking SecurePay Withdrawals), if you satisfy the SecurePay rider requirements.
You may purchase the SecurePay Income rider when you purchase your Contract,
or later, under the RightTime option, provided you satisfy the rider’s age requirements. See “Purchasing the Optional SecurePay
Rider.” The Rider Issue Date is the date the SecurePay rider is issued. If the SecurePay Income rider is purchased at the time
the Contract is issued, the Issue Date and the Rider Issue Date will be the same. The SecurePay Fee is charged as of the Rider Issue Date.
The Benefit Election Date is the date SecurePay Withdrawals are elected to begin. See “Beginning Your SecurePay Withdrawals.”
SecurePay does not guarantee Contract Value
or the performance of any Investment Option.
Important Considerations
•
If you purchase the SecurePay
Income rider, your options for allocating Purchase Payments and Contract Value are restricted. See “ALLOCATION GUIDELINES AND RESTRICTIONS
FOR SECUREPAY INCOME RIDER”.
•
If you purchase the SecurePay
Income rider, we will automatically enroll you in our portfolio rebalancing program.
•
You may not make any additional
Purchase Payments (i) two years or more after the date the rider is issued (the “Rider Issue Date”), or (ii) on or after
the Benefit Election Date, whichever comes first. Such restrictions on Purchase Payments after the Benefit Election Date or two years
following the Rider Issue Date may limit the ability to increase the Benefit Base, and therefore the AWA, through higher Contract Values
on Contract Anniversaries, as well as limit the ability for increase in Contract Value and death benefit values (particularly the Return
of Purchase Payments Death Benefit). In most cases, if the Company receives a Purchase Payment two years or more after the Rider Issue
Date or on or after the Benefit Election Date, the Company will return it to the address on file. If the amount of the Purchase Payment
would be sufficient to purchase another variable annuity contract we offer, however, you may be given the option of purchasing a new contract.
•
Any change in a Covered Person
following the Benefit Election Date (the “Benefit Period”), other than a spousal continuation under a Joint Life Coverage
option, will cause the rider to terminate without any refund of SecurePay Fees. A change in a Covered Person includes changing and/or
adding Owners, Beneficiaries, and Annuitants under your Contract.
•
On the Benefit Election Date,
we will cancel any existing automatic withdrawal plan that you have established.
•
The SecurePay rider may not be
available in all states, and we may otherwise limit its availability.
•
We may stop offering the rider
at any time.
The ways to purchase the SecurePay rider, conditions for continuation of
the benefit, process for beginning SecurePay Withdrawals, and the manner in which your AWA is calculated are discussed below.
You should not purchase a SecurePay rider if:
•
you expect to take withdrawals
prior to the Benefit Election Date (including withdrawals under an automatic withdrawal plan) because such withdrawals may significantly
reduce or eliminate the value of the benefit. See “Calculating the Benefit Base Before the Benefit Election Date”; or
42
•
you expect to take annual withdrawals on or after the Benefit Election
Date in excess of the AWA (“Excess Withdrawals”) because such Excess Withdrawals may significantly reduce or eliminate the
value of the benefit. See “Calculating the Benefit Base On or After the Benefit Election Date, Excess
Withdrawals”; or
•
you are primarily interested
in maximizing the Contract’s potential for long-term accumulation rather than building a Benefit Base that will provide guaranteed
withdrawals; or
•
you do not expect to take SecurePay
Withdrawals (especially before the age of 95).
“APPENDIX: EXAMPLE OF SECUREPAY INCOME RIDER” demonstrates
the operation of the SecurePay rider using hypothetical examples. You should review “APPENDIX: EXAMPLE OF SECUREPAY INCOME RIDER”
and consult your sales representative to discuss whether a SecurePay rider suits your needs.
Purchasing the Optional SecurePay Rider
You may purchase the SecurePay Income rider when you purchase your Contract,
or later, under the RightTime option, provided you satify the rider’s age requirements. The Owner (or older Owner) or Annuitant
must be age 80 or younger and the youngest Owner and Annuitant must be age 55 or older on the Rider Issue Date. Where the Owner is a corporation,
partnership, company, trust, or other “non-natural person,” eligibility is determined by the age of the Annuitant. This
rider is not available for purchase with Inherited IRA Contracts, see QUALIFIED RETIREMENT PLANS
for additional information.
Important Considerations:
•
You will begin paying the SecurePay
Fee as of the Rider Issue Date, even if you do not begin taking SecurePay Withdrawals for many years.
•
You may not cancel the SecurePay
Income rider during the ten years following the Rider Issue Date.
•
We do not refund any SecurePay
Fees if a rider terminates for any reason or if you choose not to take SecurePay Withdrawals after the Benefit Election Date.
•
You must comply with our Allocation
Guidelines and Restrictions (described below) after the Rider Issue Date.
•
Prior to the Benefit Election
Date, you may take withdrawals according to the terms of your Contract but withdrawals (including withdrawals under an automatic withdrawal
plan) will proportionally reduce the Benefit Base, and ultimately the value of the SecurePay Withdrawals available to you.
•
You (or your investment professional
submitted online) must submit a SecurePay Benefit Election Form to establish the Benefit Election Date and begin taking SecurePay Withdrawals.
Withdrawals taken before the Benefit Election Date are not SecurePay Withdrawals.
Designating the Covered Person(s)
The Covered Person is the person upon whose life the SecurePay Income rider
benefit is based. You may designate one Covered Person (Single Life Coverage) or two Covered Persons (Joint Life Coverage).
•
If Single Life Coverage is
elected, then the Owner will be the Covered Person (if there are two Owners, then the older Owner will be the Covered Person).
•
Joint Life Coverage may be
elected if there are two Owners under the Contract who are spouses or if there is one Owner and his or her spouse is the sole Primary
Beneficiary under the Contract. If Joint Life Coverage is elected, then the Owner and the Owner’s spouse will be the Covered Persons.
•
Where the Owner is a corporation,
partnership, company, trust, or other “non-natural person,” the Annuitant (under Single Life Coverage) or Annuitant and
Annuitant’s spouse who is the sole primary beneficiary (under Joint Life Coverage) will be the Covered Person(s).
•
The Covered Person (or, if
Joint Life Coverage is selected, one of the two Covered Persons) must be designated as the Annuitant under the Contract as of the Benefit
Election Date.
Note: A change of Covered Persons after
the Benefit Election Date will cause your SecurePay Income rider to terminate and any scheduled SecurePay Withdrawals to cease. If you
remove a Covered Person (which may occur, for example, if you remove a spouse Beneficiary or add additional Primary Beneficiaries or change
the Owner or Annuitant), or if you add a Covered Person (which may occur, for example, if you add a spouse as a sole Primary Beneficiary),
then this would constitute a change of Covered Persons. If we
43
terminate your rider due to a change in Covered Person,
you may reinstate the rider subject to certain conditions. See “Reinstating Your SecurePay Income Rider Within 30 Days of Termination.”
In addition, whether a spouse continues the Contract could affect the rights and benefits under the SecurePay Income rider and could have
tax consequences. (See “Continuing or Purchasing a SecurePay Income Rider When a Surviving Spouse Elects to Continue the Contract”
and “Tax Consequences — Treatment of Civil Unions and Domestic Partners.”)
Selecting Your Coverage
Option. If both Owners of the Contract are spouses, or if there is one Owner and a spouse who is the sole Primary
Beneficiary, you must indicate on the SecurePay Benefit Election Form whether there will be one or two Covered Persons. Please pay careful
attention to this designation, as it will impact the Maximum Withdrawal Percentage and whether the SecurePay Withdrawals will continue
for the life of the surviving spouse. The various coverage options are illustrated in the following table:
| | | | |
Single Life Coverage
|
| |
Joint Life Coverage
|
|
| | Single Owner/Non-spouse Beneficiary | | | Covered Person is the Owner. SecurePay Income rider expires upon death of Covered Person following the Benefit Election Date. | | | Not applicable. | |
| | Single Owner/Spouse Beneficiary | | | Covered Person is the Owner. SecurePay Income rider expires upon death of Covered Person following the Benefit Election Date. Upon death of Covered Person following the Benefit Election Date, the surviving spouse may purchase a new SecurePay Income rider if he or she continues the Contract under the spousal continuation provisions and certain conditions are met. (See “Continuation of the Contract by a Surviving Spouse.”) | | | Both are Covered Persons. SecurePay Income rider expires upon death of last surviving Covered Person following the Benefit Election Date. If the surviving spouse continues the Contract, SecurePay Withdrawals will continue unless modified or declined. | |
| | Joint Owner/Non-spouse 2nd Owner | | | Covered Person is older Owner. SecurePay Income rider expires upon the death of the Covered Person following the Benefit Election Date. | | | Not applicable. | |
| | Joint Owner/Spouse 2nd Owner | | | Covered Person is older Owner. SecurePay Income rider expires upon death of Covered Person following the Benefit Election Date. Upon death of older Owner, the surviving spouse may purchase a new SecurePay Income rider if he or she continues the Contract under the spousal continuation provisions and certain conditions are met. (See “Continuation of the Contract by a Surviving Spouse.”) | | | Both are Covered Persons. SecurePay Income rider expires upon death of last surviving Covered Person following the Benefit Election Date. If the surviving spouse continues the Contract, SecurePay Withdrawals will continue unless modified or declined. | |
Changing Beneficiaries
— Single Owner with Joint Life Coverage. After selecting Joint Life Coverage, a single Owner may decide
to remove a spouse Beneficiary or add additional Primary Beneficiaries. This would constitute a change of Covered Persons after the Benefit
Election Date, and upon notification of the change, we will terminate your SecurePay Income rider. If we terminate your rider due to a
change in Covered Person, you may reinstate the rider subject to certain conditions. See “Reinstating Your SecurePay Income Rider
Within 30 Days of Termination.” In addition, whether a spouse continues the Contract could affect the rights and benefits under
your SecurePay Income
44
rider and could have tax consequences. (See “Continuing or Purchasing a SecurePay
Income Rider When a Surviving Spouse Elects to Continue the Contract” and “Tax Consequences — Treatment of Civil
Unions and Domestic Partners.”)
Beginning Your SecurePay Withdrawals
You (or your investment professional submitted online) must submit a completed
SecurePay Benefit Election Form to our Administrative Office to establish the Benefit Election Date and begin taking SecurePay Withdrawals
under the rider.
•
Even though your SecurePay
Income rider is in effect as of the Rider Issue Date and we begin the SecurePay Fee deductions on that date, any withdrawals made before
we receive your SecurePay Benefit Election Form will not qualify as SecurePay Withdrawals.
•
You should carefully consider
when to establish the Benefit Election Date and begin taking SecurePay Withdrawals.
?
•
For
riders issued on or after May 1, 2025:
?
•
You must elect which withdrawal
option you are selecting on the Benefit Election Form. There are several options available. The Standard Option provides for a fixed annual
withdrawal percentage for the life of the rider. The Advance Options (with guarantee periods of 3, 5, 8, and 10 years) provide for a higher
guaranteed annual withdrawal percentage then after the guaranteed period ends the annual withdrawal percentage is changed to a lower lifetime
annual withdrawal percentage. The lower lifetime annual withdrawal percentages under the Advance Options are lower than the withdrawal
rates under the Standard Option, for the corresponding age, on the Benefit Election Date. See the Rate Sheet Prospectus Supplement for
current withdrawal percentages for all options.
?
•
For
riders issued before May 1, 2025:
?
•
A fixed annual withdrawal percentage
is offered for the life of the rider.
•
All Contract withdrawals taken
on or after the Benefit Election Date are considered either SecurePay Withdrawals or Excess Withdrawals and are subject to the Annual
Withdrawal Amount.
•
You may not make additional
Purchase Payments two years or more after the Rider Issue Date, or on or after the Benefit Election Date, whichever comes first.
In most cases, if the Company receives a Purchase Payment two years or more after the Rider Issue Date, or on or after the Benefit
Election Date, the Company will return it to the address on file. If the amount of the Purchase Payment would be sufficient to purchase
another variable annuity contract we offer, however, you will be given the option of purchasing a new contract.
•
You may limit the value of
the benefit if you begin taking SecurePay Withdrawals too soon. For example, SecurePay Withdrawals reduce your Contract Value (but not
the Benefit Base) and may limit the potential for increasing the Benefit Base through higher Contract Values on Contract Anniversaries.
Also, if your Benefit Election Date is within the two years of the Rider Issue Date, you will shorten the period of time during which
you could increase your Benefit Base because you may not make additional Purchase Payments on or after the Benefit Election Date.
•
Conversely, if you delay establishing
the Benefit Election Date, you may shorten the Benefit Period due to life expectancy, thereby limiting the time during which you may take
SecurePay Withdrawals, so you may be paying for a benefit you are not using.
Please consult your investment professional regarding the appropriate time
for you to establish the Benefit Election Date and begin taking SecurePay Withdrawals.
Important Considerations
•
All
withdrawals, including SecurePay Withdrawals, reduce your Contract Value and death benefit. Surrender charges and federal and state income
taxes may also apply, as well as a 10% federal additional tax if a withdrawal occurs before the Owner reaches age 591/2. (See “CHARGES
AND DEDUCTIONS, Surrender Charge” and “Taxation of Withdrawals and Surrenders.”)
•
All
withdrawals, including SecurePay Withdrawals, count towards the free withdrawal amount under the Contract. However, we do not assess the
surrender charge on SecurePay Withdrawals, even when surrender charges would apply if the withdrawal was not a SecurePay Withdrawal. We
do impose a surrender charge on Excess Withdrawals. (See “CHARGES AND DEDUCTIONS, Surrender Charge” and “Taxation
of Withdrawals and Surrenders.”)
45
•
When you take a withdrawal, we will reduce your death benefit on
a dollar-for-dollar basis for any part of the withdrawal that is a SecurePay Withdrawal. Any part of the withdrawal that is an Excess
Withdrawal, however, will reduce the death benefit in the same proportion that the amount surrendered, including any associated surrender
charges, reduces your Contract Value. (See “DEATH BENEFIT.”)
The SecurePay Income rider is designed
for you to take SecurePay Withdrawals each Contract Year. SecurePay Withdrawals are aggregate withdrawals during any Contract Year on
or after the Benefit Election Date that do not exceed the Annual Withdrawal Amount. Aggregate withdrawals during any Contract Year on
or after the Benefit Election Date that exceed the Annual Withdrawal Amount are “Excess Withdrawals.” You should not purchase
the SecurePay Income rider if you intend to take Excess Withdrawals.
•
Excess Withdrawals
could reduce your Benefit Base by substantially more than the actual amount of the withdrawal (described below).
•
Excess
Withdrawals may result in a significantly lower AWA in the future.
•
Excess
Withdrawals may significantly reduce or eliminate the value of the SecurePay benefit.
Rate Sheet Prospectus Supplement Information
The Rate Sheet Prospectus Supplement contains the current fees for the available
optional death benefit riders, the current fee for the SecurePay Income rider, and the current Maximum Withdrawal Percentage(s) and current
roll-up percentage(s) under the SecurePay Income rider applicable to contracts applied for while that Rate Sheet Prospectus Supplement
remains in effect (the “Effective Period”). The Effective Period is described in each Rate Sheet Prospectus Supplement.
See “Maximum Withdrawal Percentage” and “SecurePay Roll-up Value”. The Rate Sheet Prospectus Supplement also
updates the Ongoing Fees and Expenses (annual charges) for the Contract provided in the “IMPORTANT INFORMATION YOU SHOULD CONSIDER
ABOUT THE CONTRACT” section of the Prospectus and Initial Summary Prospectus, respectively, taking into account the current fees
for the optional benefits disclosed in the Rate Sheet Prospectus Supplement.
In order for us to use the percentages in any particular Rate Sheet
Prospectus Supplement, your necessary application information must be signed during it’s Effective Period. We must receive your
necessary application information and payment of at least the minimum initial Purchase Payment ($10,000) within ten calendar days of the
end of the Effective Period. If you plan to pay the initial Purchase Payment by exchanging another annuity contract that you own, we must
receive your necessary application information within ten calendar days of the end of the Effective Period and the exchanged amount within
90 calendar days of the end of the Effective Period. If those conditions (the “Rate Sheet Eligibility Conditions”) are met,
or if the then current Rate Sheet Prospectus Supplement percentages are identical to those set forth in the Rate Sheet Prospectus
Supplement attached to your Prospectus, we will follow our established procedures for issuing the Contract. See “Issuance of a
Contract.”
If any of these conditions are not met, we will consider your application
not to be in Good Order. In that case, we will inform your financial advisor and request instructions as whether to apply the initial
Purchase Payment and issue the Contract with the percentages in effect under the current Rate Sheet Prospectus Supplement or cancel
the application and return your Purchase Payment. If your financial advisor instructs us to issue the Contract, we will provide you with
the Rate Sheet Prospectus Supplement that applies to your Contract and an amendment to your application upon delivery of the Contract.
If we are unable to contact your financial advisor within five business days after we determine the application is not in Good Order,
we will return your Purchase Payment. You, or your financial advisor may also instruct us to issue the Contract without the SecurePay
Income rider. Once we receive both the necessary application information and at least the minimum initial Purchase Payment, we will follow
our established procedures for issuing the Contract.
If any of the Rate Sheet Eligibility Conditions are not met because of reasons
reasonably beyond your control, Protective Life may, in its sole discretion, modify, terminate, suspend or waive the Rate Sheet Eligibility
Conditions on such terms and conditions as it deems advisable (each a “Rate Sheet Eligibility Condition Change”). Any such
Rate Sheet Eligibility Condition Change shall be effected by the Company on a basis that is not unfairly discriminatory.
Since the Optional Death Benefits can only be purchased at Contract Issue,
the fee for a particular Optional Death Benefit will be disclosed in the Rate Sheet Prospectus Supplement in effect when you signed your
Contract. If you purchase the SecurePay Income rider under the RightTime option, the Rate Sheet Prospectus Supplement containing the applicable
SecurePay Income rider fee, Maximum Withdrawal Percentage(s), and roll-up percentages will be set forth in the Rate Sheet Prospectus Supplement
with an Effective Period that includes your Rider Issue Date.
You should not purchase the SecurePay Income rider without first obtaining
the applicable Rate Sheet Prospectus Supplement. Please contact us at 1-800-456-6330 to obtain
the current Rate Sheet Prospectus Supplement. The current
46
Rate Sheet Prospectus Supplement is also available online at https://protective.onlineprospectus.net/protective/ProtectiveDimensionsV/index.html
and www.sec.gov under File Number 333-267354. No new Rate Sheet Prospectus Supplement that supersedes a prior Rate Sheet Prospectus Supplement
will become effective unless written notice of effectiveness of the new Rate Sheet Prospectus Supplement is given at least 10 business
days in advance. The relevant information from all superseded Rate Sheet Prospectus Supplements can be found in “APPENDIX: SUPERCEDED
RATE SHEET PROSPECTUS SUPPLEMENT INFORMATION” to the Prospectus.
Determining the Amount of Your SecurePay
Withdrawals
The AWA is the maximum amount of SecurePay Withdrawals permitted each Contract
Year. We determine your initial AWA as of the end of the Valuation Period during which we receive your completed SecurePay Benefit Election
form at our Administrative Office in “good order” (alternatively, your investment professional may complete the
Benefit Election form online, submit electronically, and will be in good order if it is fully and accurately completed) by multiplying
your Benefit Base on that date by the “Maximum Withdrawal Percentage” applicable to your Contract and determined according
to the Rate Sheet Prospectus Supplement effective when you purchased the SecurePay Income rider.
Maximum Withdrawal Percentage
We determine the Annual Withdrawal Amount available under your SecurePay
Income rider by multiplying the Benefit Base under your rider by the Maximum Withdrawal Percentage determined as of your Benefit Election
Date.
The Maximum Withdrawal Percentage is based upon the age of the Covered Person
or the younger of two Covered Persons on the Benefit Election Date.
The Maximum Withdrawal Percentage is set forth in the Rate Sheet Prospectus
Supplement attached to your Prospectus. See “Rate Sheet Prospectus Supplement Information.”
Under certain circumstances, we may increase your AWA. See “SecurePay
NH: Increased AWA Because of Confinement in Nursing Home,” and “Required Minimum Distributions.” In no event will
the AWA increase if the Contract Value is reduced to zero and an Annuity Date is established. (See “Reduction of Contract Value
to Zero.”)
Calculating the Benefit Base Before the Benefit Election
Date
The Benefit Base is used to calculate the AWA and determine the SecurePay
Fee. As the Benefit Base increases, the AWA and the amount of the SecurePay Fee increase. Your Benefit
Base can never be more than $5 million.
Note: The Benefit Base is only used to
calculate the AWA and the SecurePay Fee; it is not a cash value, surrender value, or death benefit, it is not available to Owners, it
is not a minimum return for any Sub-Account, and it is not a guarantee of any Contract Value.
We determine your initial Benefit Base on the Rider Issue Date. It is equal
to the Contract Value on that date.
Thereafter, we increase
the Benefit Base dollar-for-dollar for each Purchase Payment made within 2 years of the Rider Issue Date. We reduce the Benefit
Base for each withdrawal (including withdrawals under an automatic withdrawal plan) from the Contract prior to the Benefit Period in the
same proportion that each withdrawal reduces the Contract Value as of the date we process the withdrawal request.
Example: Assume your Benefit Base is $100,000, but because
of poor Sub-Account performance your Contract Value has fallen to $90,000. If you make a $9,000 withdrawal, thereby reducing your Contract
Value by 10% to $81,000, we would reduce your Benefit Base also by 10%, or $10,000, to $90,000.
We will also recalculate your Benefit Base on each Contract Anniversary
following the Rider Issue Date to equal the greatest of:
1.
the Benefit Base on that Contract
Anniversary;
2.
the SecurePay Highest Quarterly
Value on that Contract Anniversary (described below); or
3.
the SecurePay Roll-up Value on
that Contract Anniversary (described below).
SecurePay Highest
Quarterly Value. On each Quarterly Anniversary following the Rider Issue Date we calculate a “quarterly
value.” Each quarterly value is equal to the Contract Value as of that Quarterly Anniversary.
The Highest Quarterly Value on any Contract Anniversary is:
a.
the highest quarterly value calculated
since the prior Contract Anniversary;
b.
reduced proportionately for withdrawals
made since the Quarterly Anniversary on which the highest quarterly value was calculated. This means that we will reduce this amount for
each such withdrawal in the same proportion that each withdrawal reduced the Contract Value as of the date we processed the withdrawal
request.
47
SecurePay Roll-up Value
On each Contract Anniversary during the “roll-up period” (as
described below), we calculate the SecurePay Roll-up Value. The SecurePay Roll-up Value is equal to:
a.
the most recently calculated
Benefit Base prior to that Contract Anniversary; plus
b.
the “roll-up percentage”
multiplied by the Benefit Base on the previous Contract Anniversary, reduced proportionately for withdrawals made since that anniversary.
This means that we will reduce this amount for each withdrawal made since the previous Contract Anniversary in the same proportion that
each withdrawal reduced the Contract Value as of the date we processed the withdrawal request.
When we calculate the SecurePay Roll-up Value on the first Contract Anniversary
following the Rider Issue Date, we will first reduce the Benefit Base on the Rider Issue Date proportionately for withdrawals made since
the Rider Issue Date. We will then apply the roll-up percentage to the adjusted Benefit Base to determine the SecurePay Roll-up Value.
The roll-up percentage that applies during the roll-up period under
your SecurePay Income rider is set forth in the Rate Sheet Prospectus Supplement attached to your Prospectus. See “Rate Sheet Prospectus
Supplement Information.”
We will include Purchase Payments made within the first 120 days following
the Contract’s Issue Date when we calculate the roll-up amount on the first Contract Anniversary. For example, assume that the
roll-up rate set forth in the applicable Rate Sheet Prospectus Supplement is 5.5%. If your initial Purchase Payment on the Contract’s
Issue Date is $50,000 and we receive an additional $100,000 Purchase Payment 90 days later, then assuming you do not take any withdrawals
during the first Contract Year, the roll-up amount on the first Contract Anniversary will be $8,250 [($50,000 + $100,000) x 5.5%].
Example: Assume on the Rider Issue Date you are 65 and
your Benefit Base is $100,000. Before your first Quarterly Anniversary, assume your Contract Value is $103,000 and you take a withdrawal
of $10,300, reducing your current Contract Value to $92,700, which results in a decrease of 10% (($103,000 – $92,700)/$103,000).
Because of the withdrawal, we will reduce your Benefit Base by 10% as well, to $90,000. Also assume that one month later, on your first
Quarterly Anniversary, your Contract Value has increased from $92,700 to $93,500 due to favorable market performance. Finally, assume
that after that Quarterly Anniversary you do not make any additional Purchase Payments or withdrawals, and your Contract Value on the
next three Quarterly Anniversaries is $91,075, $92,999, and $89,500. Therefore, the Highest Quarterly Value on your first Contract Anniversary
is $93,500.
On the first Contract Anniversary, we also will determine
the SecurePay Roll-up Value by adding the most recently calculated Benefit Base ($90,000) to 5.5% of the Benefit Base on the previous
Contract Anniversary (the Rider Issue Date), reduced proportionately for withdrawals made since that anniversary. The Benefit Base on
the Rider Issue Date was $100,000, and 5.5% of $100,000 = $5,500. However, because a withdrawal was made during the year, we will
reduce this “roll-up” amount in the same proportion that the withdrawal reduced the Contract Value, which was 10%. Because
10% of the “roll-up” amount is $550, the reduced “roll-up” amount is $4,950 ($5,500 — $550). We then
calculate the SecurePay Roll-up Value by adding the “roll-up” amount of $4,950 to $90,000 (the most recently calculated
Benefit Base), and determine that the SecurePay Roll-up Value is $94,950.
We will then recalculate your Benefit Base on the first
Contract Anniversary to equal the greatest of:
1.
the Benefit Base on that Contract
Anniversary ($90,000);
2.
the SecurePay Highest Quarterly
Value on that Contract Anniversary ($93,500); or
3.
the SecurePay Roll-up Value $94,950.
We will set your Benefit Base equal to $94,950 because
the SecurePay Roll-up Value is greater than the Benefit Base and SecurePay Highest Quarterly Value on that Contract Anniversary.
Note: Withdrawals could reduce your SecurePay
Roll-up Value by substantially more than the actual amount of the withdrawal. For example, assume your Benefit Base at the beginning of
the Contract Year is $100,000. Assuming that you do not make any additional Purchase Payments or withdrawals, the SecurePay Roll-up Value
on the next Contract Anniversary would be $105,500 ($100,000 + $5,500).
Assume instead, however, that during
the Contract Year you make a withdrawal of $45,000 and your Contract Value at that time is $90,000 (i.e.,
the withdrawal is 50% of your Contract Value). Both the Benefit Base and the “roll-up” amount are also reduced by 50%, to
$50,000 and $2,750, respectively. This would result in a SecurePay Roll-up Value of $52,750 on the next Contract Anniversary ($50,000
+ $2,750), rather than $105,500. Thus, the $45,000 withdrawal would reduce the SecurePay Roll-up Value by more than $45,000 — it
would reduce it by $52,750 ($105,500 — $52,750).
48
We only calculate Roll-Up Values on Contract Anniversaries that occur during a roll-up period.
The first roll-up period begins on the Rider Issue Date and ends on the earlier of:
a.
the 10th
Contract Anniversary following the Rider Issue Date; or
b.
the first reset date.
•
A reset date is a Contract Anniversary
on which we increase your Benefit Base to equal the Highest Quarterly Value (described above).
A new roll-up period begins on each reset date and ends on the earlier of:
a.
the 10th
Contract Anniversary following the most recent reset date; or
b.
the next occurring reset date.
The final roll-up period ends, and we stop calculating Roll-Up Values, on
the earliest of:
a.
the 20th
Contract Anniversary after the Rider Issue Date;
b.
the Benefit Election Date; or
c.
the date your SecurePay Income
rider terminates (see “Terminating the SecurePay Income Rider”).
A new roll-up period
can begin concurrently with the end of the prior roll-up period. If a roll-up period ends on a reset date, a new roll-up period will begin
concurrently with the end of the prior roll-up period. If a roll-up period ends on a date that is not a reset date, a new roll-up period
will not begin until the next reset date (if any). If you decline a SecurePay Fee increase as described under “SecurePay
Fee” below, the quarterly value on each Quarterly Anniversary thereafter will be deemed to be zero and no further reset dates will
occur. This means that you will not be able to begin a new roll-up period.
Calculating the Benefit Base On or After the Benefit
Election Date
We continue calculating the Benefit Base after the Benefit Election Date
in the same manner as we did prior to the Benefit Election Date, except (1) we will no longer calculate
SecurePay Roll-up Values and (2) withdrawals are treated differently. The effect of a withdrawal on the Benefit Base depends on
whether the withdrawal is a SecurePay Withdrawal or an Excess Withdrawal. An Excess Withdrawal is any withdrawal after the Benefit Election
Date which, when aggregated with all prior withdrawals during that Contract Year, exceeds the Contract Year’s Annual Withdrawal
Amount.
We will not calculate the SecurePay Rollup Value on or after the Benefit Election
Date.
SecurePay Withdrawals
SecurePay Withdrawals do not reduce the Benefit Base. Therefore, if all
your withdrawals during the Benefit Period are SecurePay Withdrawals, your Annual Withdrawal Amount under the Standard Option will never
decrease and under an Advance Option, the Annual Withdrawal Amount will remain the same for the applicable guarantee period then change
to a reduced withdrawal percentage and will never decrease, and you may continue to withdraw at least that amount under all Advance Options
for the lifetime of the Covered Person (or the last surviving Covered Person, if you selected Joint Life Coverage).
If your Benefit Base increases on a Contract Anniversary, your Annual Withdrawal
Amount and therefore SecurePay Withdrawals available to you in subsequent Contract Years will also increase.
Important Consideration
•
SecurePay Withdrawals are not
cumulative. If you choose to receive only a part of, or none of, your AWA in any given Contract Year, you should understand that you cannot
carry over any unused SecurePay Withdrawals to any future Contract Years.
For example, assume that the Maximum Withdrawal Percentage set forth in
the applicable Rate Sheet Prospectus Supplement is 5.4%. If your Benefit Base is $100,000, then your AWA is $5,400 ($100,000 x 0.054).
If you withdraw only $4,000 during the Contract Year, the AWA will not increase the next Contract
Year by the $1,400 you did not withdraw.
We do not impose a surrender charge on any SecurePay Withdrawals.
Excess Withdrawals
During the Benefit Period any portion of a withdrawal that, when aggregated
with all prior withdrawals during that Contract Year, exceeds the Annual Withdrawal Amount constitutes an Excess Withdrawal. Therefore,
a withdrawal
49
during the Benefit Period that causes the aggregate withdrawals for that Contract Year to
exceed the Annual Withdrawal Amount may include amounts that qualify as a SecurePay Withdrawal as well as amounts that are Excess Withdrawals.
An Excess Withdrawal will reduce the Benefit Base. The effect of the Excess
Withdrawal on the Benefit Base depends, in part, on the relationship of the Benefit Base to the Contract Value at that time.
a.
If, at the time of the Excess Withdrawal,
your Contract Value minus the non-excess portion of the withdrawal (the portion of the withdrawal that qualifies as a SecurePay Withdrawal)
is greater than the Benefit Base, we will reduce the Benefit Base by the amount of the Excess Withdrawal plus any applicable surrender
charge.
b.
If, at the time of Excess Withdrawal,
your Contract Value minus the non-excess portion of the withdrawal (the portion of the withdrawal that qualifies as a SecurePay Withdrawal)
is less than or equal to the Benefit Base, we will reduce the Benefit Base in the same proportion that the Excess Withdrawal plus any
applicable surrender charge bears to the Contract Value minus the SecurePay Withdrawal.
For example, assume that the Maximum Withdrawal Percentage set forth in
the applicable Rate Sheet Prospectus Supplement is 5.4%. Suppose then that your Benefit Base is $100,000, (i.e. your AWA is $5,400), your
Contract Value is $110,000, and no surrender charges apply. If you have already taken $3,000 of SecurePay Withdrawals in the Contract
Year and then request another $3,000 withdrawal, you will exceed your Annual Withdrawal Amount by $600; $2,400 of that withdrawal will
be a SecurePay Withdrawal and $600 will be an Excess Withdrawal. In this case, rule (a) above applies because the Contract Value
less the SecurePay Withdrawal ($110,000 – $2,400 = $107,600) is greater than your Benefit Base ($100,000). We will therefore reduce
your Benefit Base by the Excess Withdrawal and your new Benefit Base will be $99,400 ($100,000 – $600).
However, if in the example above, your Contract Value is $70,000 then rule
(b) applies. In this case, we determine the reduction in your Benefit Base first by determining the proportion that the Excess Withdrawal
bears to the Contract Value minus the SecurePay Withdrawal. We calculate this by dividing the $600 Excess Withdrawal by the Contract Value
less the $2,400 SecurePay Withdrawal ($600 / ($70,000 – $2,400) = 0.08876%). We then apply this percentage reduction
to your Benefit Base. Thus your new Benefit Base will be equal to $99,112 ($100,000 – ($100,000 x 0.08876%)).
The examples above do not include the effect of any surrender charges that
may be applicable.
We will recalculate the Annual Withdrawal Amount on the next Contract Anniversary
by multiplying the Benefit Base on that date by the Maximum Withdrawal Percentage. We also will apply a surrender charge to the Excess
Withdrawal, if a surrender charge would otherwise be applicable.
Reduction of Contract Value to Zero
If the Contract Value is reduced to zero due to the deduction of fees or
a SecurePay Withdrawal, the Contract will terminate and we will settle the benefit under your SecurePay Income rider as follows:
•
We will pay the remaining AWA
not yet withdrawn in the current Contract Year, if any, in a lump sum;
•
We will establish an Annuity
Date that is the Contract Anniversary following the date of the transaction that reduced the Contract Value to zero; and
•
On the Annuity Date, we will
pay a monthly payment equal to the AWA divided by 12 until the death of the Owner, or if the rider covers two spouses, the death of the
second spouse. If benefits are being paid under the SecurePay NH benefit on the Annuity Date, the amount of your annuity payments will
be determined in accordance with the terms of the SecurePay NH endorsement. (See “Availability of SecurePay NH Benefit after Annuitization.”)
Please note that we may accept different payment intervals.
If you request a surrender and your Contract Value at the time of the request
is less than your remaining AWA for that Contract Year, we will pay you a lump sum equal to such remaining AWA.
If your Contract Value reduces to zero
due to an Excess Withdrawal, we will terminate your Contract and the SecurePay Income rider. You will not be entitled to receive any further
benefits under the SecurePay Income rider.
As with any distribution from the Contract, there may be tax consequences.
In this regard, we intend to treat any amounts that you receive before the Annuity Date is established as described above and that are
in the form of SecurePay Withdrawals as withdrawals. We intend to treat any amounts that you receive after the Annuity Date is established
as described above and that are a settlement of the benefit under your SecurePay Income rider as annuity payments for tax purposes. See
“TAXATION OF ANNUITIES IN GENERAL.”
Benefit Available on Maximum Annuity Date (oldest Owner’s
or Annuitant’s 95th birthday)
If the Owner annuitizes before the oldest Owner’s
or Annuitant’s 95th birthday (“Maximum Annuity Date”)
the SecurePay Income rider will terminate and the Owner will not be entitled to any benefits under the rider, including
50
the Annual Withdrawal Amount. The annuity payments may be less than the
Annual Withdrawal Amount. Please discuss with your financial advisor whether it is in your best interest to annuitize prior to the Maximum
Annuity Date since you will have paid for the SecurePay Income rider without having received the benefit payable under the rider. The
SecurePay Income rider may not be suitable for you if you intend to annuitize the Contract prior to the Maximum Annuity Date (oldest Owner’s
or Annuitant’s 95th birthday).
You must annuitize the Contract no later than the oldest Owner’s
or Annuitant’s 95th birthday (“Maximum Annuity Date”).
If your SecurePay Income rider is in effect on the Maximum Annuity Date, in addition to the other Annuity Options available to you under
your Contract, one of your Annuity Options will be to receive monthly annuity payments equal to the AWA divided by 12 for the life of
the Covered Person (or the last surviving Covered Person if Joint Life Coverage was selected). If benefits are being paid under the SecurePay
NH benefit on the Maximum Annuity Date, the amount of your annuity payments will be determined in accordance with the terms of the SecurePay
NH endorsement. (See “Availability of SecurePay NH Benefit after Annuitization.”) If you do not select an Annuity Option,
your monthly annuity payments will be the greater of (i) the AWA divided by 12 or (ii) payments based upon the Contract
Value for the life of the Annuitant with a 10-year Certain Period. We must receive Written Notice of your election of such annuity payments
at least three days but no earlier than 90 days before the Maximum Annuity Date. For more information regarding Annuity Options,
including Certain Period options, see ANNUITY PAYMENTS, Annuity Options.
SecurePay Fee
We deduct a fee for the SecurePay Income rider that compensates us for the
costs and risks we assume in providing this benefit. This SecurePay Fee is a percentage of the Benefit Base. We deduct this fee from
your Contract Value on the Valuation Date that occurs after each Valuation Period containing a Monthly Anniversary Date. The SecurePay
Fee is deducted from the Sub-Accounts of the Variable Account only; it is not deducted from the assets in the DCA Account. The monthly
fee is deducted from the Sub-Accounts in the same proportion that the value of each Sub-Account bears to the total Contract Value in the
Variable Account on that date. Accordingly, you must have transferred some assets from your DCA Account to Sub-Accounts in accordance
with the rider’s Allocation Guidelines and Restrictions before the fee is charged.
The current SecurePay Fee for the SecurePay Income rider can be found in
your Rate Sheet Prospectus Supplement. The maximum fee that we may charge for your SecurePay Income rider is 2.20% (2.20% under RightTime)
of your Benefit Base.
We reserve the right to increase the SecurePay Fee up to the maximum stated
above if, in our sole discretion, the increase is necessary or appropriate to cover the costs Protective Life incurs to mitigate the risks
associated with offering the rider. We will not increase the SecurePay Fee above the maximum amount, however. If we increase the SecurePay
Fee, we will give you at least 30 days’ written notice prior to the increase which notice will identify the date the increase
in the SecurePay Fee will take place and provide instructions on how to accept or decline the increase. You may elect not to pay the increase
in your SecurePay Fee. If you elect not to pay the increased SecurePay Fee, your rider will not terminate.
Instead, you will continue to be assessed your current SecurePay Fee, but you will give up any future increases in your Benefit Base resulting
from increases in your Contract Value as calculated on each Quarterly Anniversary. You will continue to be entitled to increases in the
Benefit Base resulting from the application of the SecurePay Roll-up Value for the remainder of your current roll-up period, however.
This is how it works: If a Highest Quarterly Value established before you
decline a fee increase becomes the Benefit Base on the next Contract Anniversary, a new roll-up period will begin, which extends the time
in which you can possibly benefit from the roll-up. After you decline to pay the increase in your SecurePay Fee, we will set all subsequent
Quarterly Values under the rider at $0. This eliminates the possibility that the next Quarterly Value will increase your Benefit Base.
We will continue to calculate the SecurePay Roll-up Value, and will increase your Benefit Base by the amount of any increase in the SecurePay
Roll-up Value for the remainder of the current roll-up period. Your Benefit Base will be frozen at the end of the then current roll-up
period, except for reductions based upon Excess Withdrawals.
ALLOCATION GUIDELINES AND RESTRICTIONS FOR SECUREPAY INCOME
RIDER
In order to maintain the SecurePay Income rider, you must allocate your
Purchase Payments and Contract Value in accordance with the Allocation Guidelines and Restrictions that we have established. The Allocation
Guidelines and Restrictions are designed to limit our risk under this rider and are divided into two phases - the rider accumulation phase
and the rider withdrawal phase. These phases are discussed in more detail below.
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| | | | |
Allocation by Investment Category (“AIC”) |
| |
Pre-Selected Allocation Options |
|
| | Rider Accumulation Phase | | | Categories 1-3 are available at designated percentages as described below; Category 4 is not allowed | | | Balanced Growth & Income Domestic Focus, Balanced Growth & Income Global Focus, Balanced toward Growth, Growth Focus | |
| | Rider Withdrawal Phase | | | Not available | | | Balanced Growth & Income Domestic Focus, Balanced Growth & Income Global Focus | |
From time to time Portfolio Company Pre-Selected Allocation Options may
be made available. For more information on the Allocation Guidelines and Restrictions applicable to Portfolio Company Pre-Selected Allocation
Options, contact your financial adviser.
The Rider Accumulation Phase
The rider accumulation phase of your Contract begins when you purchase the
SecurePay Income rider, either at Contract Issue or under RightTime.
Specifically, you must: (1) allocate all of your Purchase Payments
and Contract Value in accordance with the Allocation by Investment Category guidelines (described below), or (2) allocate all of
your Purchase Payments and Contract Value in accordance with one of the eligible Pre-selected Allocation Options (described below). All
of the investment options available under the Allocation Guidelines and Restrictions are described below. You may also allocate your Purchase
Payments to the dollar cost averaging (“DCA”) Account(s), provided that transfers from the DCA Account are allocated to
the Sub-Accounts in accordance with the Allocation Guidelines and Restrictions described above.
Note: The Allocation Guidelines and Restrictions
in the Investment Options available under your Contract are intended in part to reduce risks of investment losses that would require us
to use our own assets to make payments in connection with the guarantees provided by the SecurePay Income rider. The Allocation Guidelines
and Restrictions are designed to reduce the overall volatility of your Contract Value. During rising markets, the Allocation Guidelines
and Restrictions could cause Contract Value to rise less than would have been the case had you been invested in Funds with more aggressive
investment strategies. Conversely, investing according to the Allocation Guidelines and Restrictions may be helpful in a declining market
because during periods of high volatility, the risk of losses from investing in equity securities may increase. In these instances, your
Contract Value may decline less than would have been the case had you not been invested in a more aggressive investment strategy.
There is no guarantee that the Allocation Guidelines and Restrictions can
limit volatility in your investment portfolio, and you may lose principal.
To the extent that the Allocation Guidelines and Restrictions are successful
in reducing overall volatility, we will benefit from a reduction of the risk arising from our guarantee obligations under the rider and
we will have less risk to hedge under the rider than would be the case if Owners did not invest in accordance with the Allocation Guidelines
and Restrictions. The Allocation Guidelines and Restrictions may not be consistent with an aggressive investment strategy. You should
consult with your registered representative to determine if they are consistent with your investment objectives.
NOTE: You may not allocate any of your
Purchase Payments or Contract Value to the Fixed Account.
Allocation by Investment
Category. The following Allocation by Investment Category guidelines specify the minimum and maximum percentages
of your Contract Value that must be allocated to each of the four categories of Sub-Accounts listed below in order for you to remain eligible
for benefits under the SecurePay Income rider (unless you are fully invested in a Pre-selected Allocation Option, as described above).
You can select the percentage of Contract Value to allocate to individual Sub-Accounts within each group, but the total investment
for all Sub-Accounts in a group must comply with the specified minimum and maximum percentages for that group.
These Allocation by Investment Category guidelines may not be consistent
with an aggressive investment strategy. You should consult with your registered representative to determine if they are consistent with
your investment objectives.
52
Allocation by Investment Category
Category1
Minimum Allocation: 10%
Minimum Allocation: 10%
Maximum Allocation: 100%
American Funds®
IS Capital World Bond Fund®
American Funds®
IS The Bond Fund of America®
American Funds®
IS U.S. Government Securities Fund
Columbia VP Limited Duration Credit Fund
Fidelity®
VIP Bond Index Portfolio
Fidelity®
VIP Investment Grade Bond Portfolio
Goldman Sachs VIT Core Fixed Income Fund
Invesco®
V.I. Government Securities Fund
Invesco®
V.I. U.S, Government Money Portfolio
Lord Abbett Series Fund - Short Duration Income Portfolio
PIMCO VIT Low Duration Portfolio
PIMCO VIT Real Return Portfolio
PIMCO VIT Short-Term Portfolio
PIMCO VIT Total Return Portfolio
Category 2
Minimum Allocation: 0%
Minimum Allocation: 0%
Maximum Allocation: 90%
American Funds®
IS American High-Income Trust® Fund
American Funds®
IS Asset Allocation Fund
American Funds®
IS Capital Income Builder® Fund
American Funds®
IS American Funds® Global Balanced Fund
BlackRock 60/40 Target Allocation ETF V.I. Fund
BlackRock Global Allocation V.I. Fund
Columbia VP Balanced Fund
Columbia VP Emerging Markets Bond Fund
Columbia VP Strategic Income Fund
Fidelity®
VIP Asset Manager 50% Portfolio (formerly, Fidelity® VIP
Asset Manager Portfolio)
Fidelity®
VIP Asset Manager 70% Portfolio (formerly, Fidelity® VIP
Asset Manager: Growth Portfolio)
Fidelity®
VIP Balanced Portfolio
Fidelity®
VIP FundsManager 60% Portfolio
First Trust Multi Income Allocation Portfolio
First Trust/Dow Jones Dividend & Income Allocation
Portfolio
Franklin Income VIP Fund
Janus Henderson Balanced Portfolio
Lord Abbett Series Fund - Bond Debenture Portfolio
LVIP American Century Balanced Fund (formerly, American
Century Investments® VP Balanced Fund)
PIMCO VIT Income Portfolio
T. Rowe Price®
Moderate Allocation Portfolio
53
Category 3
Minimum Allocation: 0%
Minimum Allocation: 0%
Maximum Allocation: 40%
AB VPS Large Cap Growth Portfolio
AB VPS Relative Value Portfolio
American Funds®
IS Capital World Growth and Income Fund
American Funds®
IS Global Growth Fund
American Funds®
IS Global Small Capitalization Fund
American Funds®
IS Growth Fund
American Funds®
IS Growth-Income Fund
American Funds®
IS International Fund
American Funds®
IS International Growth And Income Fund
American Funds®
IS Washington Mutual Investors Fund
BlackRock Advantage SMID Cap V.I. Fund
BlackRock International V.I. Fund
Fidelity®
VIP Contrafund® Portfolio
Fidelity®
VIP FundsManager 85% Portfolio
Fidelity®
VIP Health Care Portfolio
Fidelity®
VIP Index 500 Portfolio
Fidelity®
VIP International Index Portfolio
Fidelity®
VIP Total Market Index Portfolio
Franklin Rising Dividends VIP Fund
Goldman Sachs VIT Mid Cap Growth Fund
Goldman Sachs VIT Mid Cap Value Fund
Goldman Sachs VIT Strategic Growth Fund
Invesco®
V.I. Equity and Income Fund
Invesco®
V.I. Main Street Mid Cap Fund
Janus Henderson Enterprise Portfolio
Janus Henderson Forty Portfolio
Lord Abbett Series Fund - Dividend Growth Portfolio
MFS® VIT
Growth Series
MFS®
VIT Total Return Series
MFS®
VIT II Core Equity Portfolio
MFS® VIT
II International Growth Portfolio
MFS® VIT
II International Intrinsic Value Portfolio
MFS®
VIT II Massachusetts Investors Growth Stock Portfolio
T. Rowe Price®
Blue Chip Growth Portfolio
T. Rowe Price®
Mid-Cap Growth Portfolio
Category 4
No Allocation Permitted if SecurePay Income
is Selected
AB VPS Discovery Value Portfolio
AB VPS Small Cap Growth Portfolio
American Funds®
IS New World Fund®
ClearBridge Variable Mid Cap Portfolio
ClearBridge Variable Small Cap Growth Portfolio
Columbia VP Select Mid Cap Value Fund
Fidelity®
VIP Energy Portfolio
Fidelity®
VIP Extended Market Index Portfolio
Fidelity®
VIP Mid Cap Portfolio
Fidelity®
VIP Technology Portfolio
Fidelity®
VIP Utilities Portfolio
Fidelity®
VIP Value Strategies Portfolio
Franklin DynaTech VIP Fund
Franklin Small Cap Value VIP Fund
Franklin Small-Mid Cap Growth VIP Fund
Invesco®
V.I. Discovery Mid Cap Growth Fund
Invesco®
V.I. Main Street Small Cap Fund
Invesco®
V.I. Comstock Fund
Invesco®
V.I. Global Fund
Invesco®
V.I. Global Real Estate Fund
Invesco®
V.I. Growth and Income Fund
Invesco®
V.I. Small Cap Equity Fund
Janus Henderson Overseas Portfolio
Janus Henderson Global Technology and Innovation Portfolio
Lord Abbett Series Fund - Growth Opportunities Portfolio
LVIP American Century Disciplined Core Value Fund (formerly,
American Century Investments® VP Disciplined Core Value Fund)
LVIP American Century International Fund (formerly, American
Century Investments® VP International Fund)
LVIP American Century Ultra Fund (formerly, American
Century Investments® VP Ultra®
Fund
MFS® VIT
Mid Cap Growth Series
MFS®
VIT New Discovery Series
MFS®
VIT II Research International Portfolio
MFS® VIT III Blended Research®
Small Cap Equity Portfolio
MFS®
VIT III Global Real Estate Portfolio
MFS®
VIT III Mid Cap Value Portfolio
T. Rowe Price®
All-Cap Opportunities Portfolio
T. Rowe Price®
Health Sciences Portfolio
Templeton Developing Markets VIP Fund
The Pre-selected Allocation Options. Certain
of the Pre-selected Allocation Options are approved for use with the SecurePay Income Rider.
54
In general, the investment strategies employed by the Pre-selected Allocation Options all
include allocations that focus on conservative, high quality bond funds, that combine bond funds and blended stock funds, or that emphasize
blended stock funds while including a significant weighting of bond funds. Each of these Pre-selected Allocation Options seeks to provide
income and/or capital appreciation while avoiding excessive risk. If you are seeking a more aggressive growth strategy, the Pre-selected
Allocation Options are probably not appropriate for you.
If you allocate your Purchase Payments and Contract Value in accordance with
one of the eligible Pre-selected Allocation Options, we will allocate your Purchase Payments and transfers out of the DCA Accounts, as
the case may be, in accordance with the Pre-selected Allocation Option you selected. You may change your Pre-selected Allocation Option
selection provided the new portfolio is one specifically permitted for use with the SecurePay Income rider.
Other pre-selected allocation options composed of underlying Sub-Accounts
made available from time to time as Investment Options under your Contract may also satisfy our Allocation Guidelines and Restrictions.
See “THE COMPANY, VARIABLE ACCOUNT AND FUNDS - Pre-selected Allocation Options” for more information about the Pre-selected
Allocation Options. For more information on Portfolio Company Pre-Selected Allocation Options, contact your financial adviser.
The Rider Withdrawal Phase
The Withdrawal Phase of your Contract begins on your Benefit Election Date.
During the Withdrawal Phase, your Allocation Guidelines and Restrictions are more limited. The table below outlines your options during
the Withdrawal Phase. For more information regarding these options, see “Pre-selected Allocation Options” described above.
| | | | |
Allocation by Investment Category (“AIC”) |
| |
Pre-selected Allocation Options |
|
| | Rider Withdrawal Phase | | | Not available | | | Balanced Growth & Income Domestic Focus, Balanced Growth & Income Global Focus | |
Changes to the Allocation
Guidelines and Restrictions. For purposes of the Allocation by Investment Category guidelines, we determine in
our sole discretion whether a Sub-Account is classified as Category 1, Category 2, Category 3, or Category 4. We will provide you with
at least five business days prior written notice of any changes in classification of Investment Options. We may change the list of Sub-Accounts
in a group, change the number of groups, change the minimum or maximum percentages of Contract Value allowed in a group, or change
the Investment Options that are or are not available to you, at any time, in our sole discretion. We may make such modifications at any
time when we believe the modifications are necessary to protect our ability to provide the guarantees under the SecurePay Income rider.
With respect to the Pre-selected Allocation Options, we determine in our
sole discretion whether a Pre-selected Allocation Option will continue to be available with the SecurePay Income rider. We may offer additional
Pre-selected Allocation Options or discontinue existing Pre-selected Allocation Options at any time in our sole discretion. We may make
such modifications at any time when we believe the modifications are necessary to protect our ability to provide the guarantees under
the SecurePay Income rider. We will provide you with written notice at least five business days before any changes to the Pre-selected
Allocation Options take effect.
If you receive notice of a change to the Allocation Guidelines and Restrictions
(including changes to your Pre-selected Allocation Option), you are not required to take any action. We will continue to apply Purchase
Payments you submit without allocation instructions, and process automatic DCA and portfolio rebalancing transfers, according to your
Contract allocation established before the Allocation Guidelines and Restrictions changed. We will only apply the new Allocation Guidelines
and Restrictions to additional Purchase Payments submitted with new allocation instructions or to future transfers of Contract Value (not
including DCA transfers or transfers made to reallocate your Contract Value under the portfolio rebalancing program) because allocation
instructions that accompany a Purchase Payment and instructions to transfer Contract Value change your current Contract allocation. This
means you will not be able to make additional Purchase Payments submitted with new allocation instructions or transfers of Contract Value
until your current allocation instructions meet the Allocation Guidelines and Restrictions in effect at that time (although you will still
be required to participate in the portfolio rebalancing program).
Portfolio Rebalancing. If
you purchase the SecurePay Income rider, we will automatically enroll you in the portfolio rebalancing program. Under this program, we
will “re-balance” your Variable Account value based on your allocation instructions in effect at the time of the rebalancing.
You may specify rebalancing on a quarterly, semi-annual, or annual basis. If you do not specify the period, we will rebalance your Variable
Account value semi-annually based on the Rider Issue Date. We will also rebalance your Variable Account value each time your Contract
allocation is changed, for example, when we receive a request to transfer Contract Value (not including DCA or portfolio rebalancing transfers)
or when we receive a subsequent Purchase Payment that is accompanied by new allocation instructions.
55
Confirmation of the rebalancing will appear on your quarterly statement and you will not receive
an individual confirmation after each reallocation. We reserve the right to change the rebalancing frequency, at any time if, in our sole
discretion, such change is necessary or appropriate to mitigate the risks and costs Protective Life assumes in offering the rider. We
will not make changes more than once per calendar year. You will be notified at least 30 days prior to the date of any change in
frequency.
If you terminate the rebalancing of your Variable Account
value, we will consider this to be a Prohibited Allocation Instruction and we will terminate your SecurePay Income rider (see below).
Note: Changes to the Allocation Guidelines
and Restrictions, to the frequency of portfolio rebalancing or to the composition of the Pre-selected Allocation Options, when and if
applied to your Contract Value allocations, may negatively affect the overall performance of the Investment Options in the affected Sub-Accounts.
Prohibited Allocation
Instructions. If you instruct us to allocate Purchase Payments or Contract Value, or to take withdrawals, in a
manner that is not consistent with our Allocation Guidelines and Restrictions (a “Prohibited Allocation instruction”), we
will terminate your SecurePay Income rider, but only after receiving confirmation from you of your intention for us to process the Prohibited
Allocation instruction and thereby terminate the SecurePay Income rider. For example, if you are following the Allocation by Investment
Category guidelines and you provide new instructions allocating 60% of your Contract Value to the Fidelity VIP Contrafund Sub-Account,
we will consider this to be a Prohibited Allocation Instruction because the maximum allocation you may make to the Sub-Accounts in Category
3 is 40% of your Contract Value.
For purposes of allocating your Purchase Payments and Contract Value, a Prohibited
Allocation Instruction includes:
a.
allocating a Purchase Payment
so that the allocation of your Contract Value following the Purchase Payment is inconsistent with the Allocation Guidelines and Restrictions;
b.
directing a dollar cost averaging
transfer so that the allocation of your Contract Value following the transfer is inconsistent with the Allocation Guidelines and Restrictions;
c.
transferring any Contract Value
so that the allocation of your Contract Value following the transfer is inconsistent with the Allocation Guidelines and Restrictions;
d.
deducting the proceeds of a withdrawal
from an Investment Option so that the allocation of your Contract Value following the withdrawal is inconsistent with the Allocation Guidelines
and Restrictions; or
e.
terminating the rebalancing of
your Contract Value.
If we terminate your SecurePay Income rider due to a Prohibited Allocation
instruction, you may reinstate the rider subject to certain conditions. See “Reinstating Your SecurePay Rider Within 30 Days of
Termination.”
Terminating the SecurePay Income Rider
The SecurePay Income rider terminates upon the earliest of the following without
any benefit payable under the Rider:
•
any Annuity Date prior to the Maximum
Annuity Date;
•
the Valuation Date you terminate
your SecurePay Income rider (permitted after the rider has been in effect for at least ten years);
•
the Valuation Date the Contract
is surrendered or terminated;
•
the Valuation Date your Contract
Value reduces to zero due to an Excess Withdrawal;
•
the Valuation Date on or after the
Benefit Election Date we receive instructions from you that results in a change in Covered Person(s);
•
for a SecurePay Income rider with
one Covered Person, the date of the Covered Person’s death before the Annuity Date (even if the surviving spouse of the deceased
Covered Person elects to continue the Contract);
•
for a SecurePay Income rider with
two Covered Persons, the date of death of the last surviving Covered Person before the Annuity Date;
•
the Valuation Date we receive instructions
that are not in compliance with our Allocation Guidelines and Restrictions for Protected Lifetime Income Benefit.
56
The SecurePay Income rider also terminates under the following circumstances with some benefits
payable to you:
•
the Valuation Date your Contract
Value reduces to zero due to poor Sub-Account performance, the deduction of fees, and/or a SecurePay Withdrawal (subject to our obligation
to make monthly payments to you, as set forth above under “Reduction of Contract Value to Zero”);
•
the Maximum Annuity Date (being
the Owner’s choice of the options outlined under “Benefit Available on Maximum Annuity Date (Oldest Owner’s or Annuitant’s
95th Birthday)”); or
Deduction of the monthly fee for the SecurePay Income rider ceases upon termination.
We will not refund the SecurePay Fees you have paid if your SecurePay Income rider terminates for any reason. If your SecurePay Income
rider terminates, you may not reinstate it or purchase a new rider except as described below under “Reinstating Your SecurePay
Income Rider Within 30 Days of Termination” and “Continuing or Purchasing a SecurePay Income Rider When a Surviving Spouse
Elects to Continue the Contract.”
Reinstating Your SecurePay Income Rider Within 30 Days of
Termination
If your SecurePay Income rider terminated due to a Prohibited Allocation instruction
(see “ALLOCATION GUIDELINES AND RESTRICTIONS FOR SECUREPAY INCOME RIDER”) or due to a change in Covered Person after the
Benefit Election Date (see “Designating the Covered Person(s)”), and you made no additional Purchase Payment after the termination,
you may request that we reinstate your rider.
If termination occurred due to a Prohibited Allocation Instruction, your written
reinstatement request must correct the previous Prohibited Allocation Instruction by directing us to allocate your Contract Value in accordance
with the rider’s Allocation Guidelines and Restrictions and resume portfolio rebalancing. If termination occurred due to a change
in Covered Person after the Benefit Election Date, your written reinstatement request must correct the change in Covered Person by directing
us to designate under the reinstated rider the original Covered Person(s) that had been selected on the Benefit Election Date.
We must receive your written reinstatement request within 30 days of
the date the rider terminated. The reinstated rider will have the same terms and conditions, including the same SecurePay Income Rider
Issue Date, Benefit Base, AWA, SecurePay Fee and, if applicable, Maximum Withdrawal Percentage, as it had prior to termination.
Continuing or Purchasing a SecurePay Income Rider When a
Surviving Spouse Elects to Continue the Contract
Upon the death of the Owner before the Benefit Election Date, if the surviving
spouse elects to continue the Contract and become the new Owner, the surviving spouse may also continue the SecurePay Income rider, provided
the surviving spouse meets the rider’s issue age requirements as of the Rider Issue Date or as of any date prior to the date we
receive the written request to continue the Contract. On the next Contract Anniversary, the Benefit Base will be the greater of
(1) the Contract Value (which will reflect the Death Benefit), or (2) the current Benefit Base.
If the SecurePay Benefit Election Form indicates Single Life Coverage and
the SecurePay Income rider terminates due to the death of the Covered Person following the Benefit Election Date, and if the surviving
spouse elects to continue the Contract and become the new sole Owner, then the surviving spouse may purchase a new SecurePay Income rider
before the Annuity Date if we are offering the rider at that time. The new SecurePay Income rider will be subject to the terms and conditions
of the rider in effect at the time it is issued. This means:
•
The initial Benefit Base will be
equal to the Contract Value as of the new Rider Issue Date.
•
We will impose the current SecurePay
Fee under RightTime in effect on the new Rider Issue Date.
The surviving spouse may not purchase a new SecurePay Income rider if he or
she does not meet the rider’s issue age requirements as of the Rider Issue Date or the date we receive the written request to continue
the Contract. Only the surviving spouse is eligible to be a Covered Person under the new rider, and the rider will terminate upon the
death of that Covered Person. Please note that the SecurePay Income rider may not be available in all states and that we may limit the
availability of the SecurePay Income rider at any time.
If the SecurePay Benefit Election Form indicates Joint Life Coverage and a
Covered Person dies following the Benefit Election Date, and if the surviving spouse elects to continue the Contract and the SecurePay
Income rider, the Annual Withdrawal Amount remains the same until the next Contract Anniversary. On the next Contract Anniversary, the
Benefit Base will be the greater of the Contract Value (which will reflect the addition of the Death Benefit) or the current Benefit Base
and we will recalculate the Annual Withdrawal Amount, if necessary, using the Maximum Withdrawal Percentage associated with Joint Life
Coverage.
57
Tax Consequences
Treatment of Civil Unions
and Domestic Partners. If applicable state law
affords legal recognition of domestic partnerships or civil unions, we will treat those individuals in a bona fide civil union or domestic
partnership as spouses for the purposes of the rider benefits. Individuals
in these relationships are both eligible to be Covered Persons under the rider, and will receive benefits as long as both
are alive. However, federal law does not recognize the parties to these
relationships as spouses for federal tax purposes so the surviving Beneficiary may
not continue the Contract and become the new Owner, since this right is available only to an individual who is a spouse of the
deceased Owner under federal law. In addition, if the Owner and the Beneficiary are no longer married as of the date of death, such individuals
are not treated as “spouses” for federal tax purposes. As a result, the surviving Beneficiary of a domestic or civil union
partner, or a surviving Beneficiary who is no longer married to the Owner as of the date of death, will be required to take distributions
from the Contract under the rules that apply to a non-spouse Beneficiary. In some circumstances, distributing the remaining Contract Value
under these rules could substantially reduce or eliminate the rider’s benefit while the surviving Beneficiary is still alive.
An individual who is a party to a civil
union or a domestic partnership should not purchase the SecurePay Income rider before consulting legal and financial advisors and carefully
evaluating whether the SecurePay Income rider is suitable for his or her needs.
Other Tax Matters. For
a general discussion of tax consequences specific to the SecurePay Income rider, see “TAXATION OF ANNUITIES IN GENERAL, Tax Consequences
of SecurePay Income Rider” and “QUALIFIED RETIREMENT PLANS, SecurePay Income.”
SecurePay NH: Increased AWA Because of Confinement in Nursing
Home
(Not available in Connecticut and South Dakota)
The SecurePay NH benefit may not be available with new contracts
in the future. We reserve the right to discontinue this benefit at any time if, in our sole discretion, such change is necessary or appropriate
to mitigate the risks and costs Protective Life assumes in offering the benefit. Please check with your financial advisor to determine
availability.
If you are confined to a nursing home, you may be eligible for an increased
Annual Withdrawal Amount (“AWA”) with our SecurePay NH (Nursing Home Enhancement) feature. This feature is included at no
additional charge with the SecurePay Income rider.
What is SecurePay NH?
If you qualify for the SecurePay NH benefit during a Contract Year, we will
double the AWA to which you are currently entitled for that year, not to exceed 10% of your Benefit Base.
You qualify for the SecurePay NH benefit during a Contract Year:
?
•
If your rider was issued on or after
May 1, 2025, (for sole Covered Person or both Covered Persons in a nursing home) we will double the AWA to which you are currently entitled
for that year, not to exceed 15% of your Benefit Base; (if only on of two Covered Persons in a nursing home) we will multiply the AWA
by 125% to which you are currently entitled for that year, not to exceed 15% of your Benefit Base. Not applicable to riders issued in
California.
?
•
If your rider was issued before
May 1, 2025, (for sole Covered Person or both Covered Persons in a nursing home) we will double the AWA to which you are currently entitled
for that year, not to exceed 10% of your Benefit Base. For all riders issued in California, regardless of rider issue date.
Nursing Home Benefit Period
The Nursing Home Benefit Period is the period of time during which the increased
SecurePay withdrawal percentage is used to calculate the AWA. Any Contract Year or portion thereof during which the increased SecurePay
withdrawal percentage is used to calculate the AWA will be a full Contract Year for the purpose of determining the Nursing Home Benefit
Period.
Maximum Aggregate Nursing
Home Benefit Period Period. The Nursing Home Benefit Period will extend for a maximum of five (5) Contract years
in which you qualify for the SecurePay NH benefit. The qualifying Contract years need not be consecutive. Any Contract Year or portion
thereof during which the increased SecurePay withdrawal percentage is used to calculate the Annual Withdrawal Amount will be a full Contract
Year for the purpose of determining the Nursing Home Benefit Period.
58
Eligibility for SecurePay NH Benefits.
To qualify for the increased AWA under the SecurePay NH benefit, the Covered
Person must:
1.
have established the Benefit
Election Date or establish the Benefit Election Date when he or she applies for the SecurePay NH benefit;
2.
(a) be currently confined to a
Nursing Home, as defined below; (b) have been confined to a Nursing Home for at least 90-days immediately preceding your application
for the SecurePay NH benefit; and (c) have a reasonable expectation that he or she will continue to be confined to a Nursing Home;
and
3.
be unable to perform at least
two of the six Activities of Daily Living described below, or be diagnosed with a Severe Cognitive Impairment.
Nursing Home: For purposes of determining
your eligibility for the SecurePay NH benefit, a “Nursing Home” is defined as a facility (or portion of a facility) primarily
engaged in providing continuous, 24 hour per day nursing care and is under the supervision of a physician and has as its main function
to provide skilled, intermediate, or custodial care. The facility must be granted a license by the State in which it operated and be compliant
with all regulations and laws in accordance with the grant of such license. A “Nursing Home” does not include: a hospital
or clinic; a facility operated primarily for the treatment of alcoholism or drug addiction; a communal living facility or retirement home,
or facilities primarily affording custodial, educational or rehabilitative care.
Ineligibility. You
are not eligible for the SecurePay NH benefit if you were in a nursing home during the one year preceding your purchase of the SecurePay
Income rider, or you are confined to a nursing home during the year following your purchase of the rider.
Activities of Daily Living
(ADL). Under the SecurePay NH benefit, “Activities of Daily Living” refer to the following functions
relating to the Covered Person’s ability to live independently:
•
Bathing — The ability to
wash oneself by sponge bath or in either a tub or shower, including the task of getting into or out of the tub or shower.
•
Continence — The ability
to maintain control of bowel and bladder function, or when unable to maintain control of bowel or bladder function, the ability to perform
associated personal hygiene, including caring for the catheter or colostomy bag.
•
Dressing — The ability to
put on and take off all items of clothing and any necessary braces, fasteners or artificial limbs.
•
Eating — The ability to feed
oneself by getting food into the body from a receptacle, such as a plate, cup, or table, or by feeding tube or intravenously.
•
Toileting — The ability to
get to and from the toilet, getting on and off the toilet, and performing associated personal hygiene.
•
Transferring — The ability
to move into or out of a bed, chair or wheelchair.
Severe Cognitive Impairment. For
purposes of determining eligibility for the SecurePay NH benefit, Severe Cognitive Impairment is a loss or deterioration of intellectual
capacity that is comparable to (and includes) Alzheimer’s disease and similar forms of irreversible dementia.
Two Covered Persons. If
you selected the Joint Life Coverage Option when you established your Benefit Election Date, both Covered Persons must satisfy the eligibility
requirements for the increased SecurePay NH benefit.
Applying for Increased AWA under the SecurePay
NH benefit.
Initial Application. To
apply for an increased AWA under the SecurePay NH benefit, you must submit an application certifying that the Covered Person meets the
conditions for qualification under the SecurePay NH benefit. This certification must be signed by the Covered Person’s Physician.
If the Owner is unable to submit an application for an increased AWA on his or her own behalf, we will accept an application on behalf
of an Owner from a person who provides satisfactory proof that they have legally assumed care, custody, and representation of the incapacitated
Owner. Typically, this would be a valid power of attorney or an order of conservatorship from a court of competent jurisdiction.
59
The certifying Physician must be a medical doctor currently licensed by a state Board of Medical
Examiners, or similar authority in the United States, acting within the scope of his or her license. Physician does not include: (a) the
Covered Person(s) or Covered Person(s) spouse; or (b) the brother, sister, parent, or child of the Covered Person(s). We may require an
examination of the Covered Person by a Physician of our choice at our expense. In the event of a conflict between the medical opinions,
the opinion of our Physician shall prevail.
Re-Certification of Eligibility. Beginning
with the second Contract Anniversary following the end of a Valuation Period during which we determine that the Covered Person qualifies
for the increased AWA under SecurePay NH (the “Qualification Date”), you must submit a re-certification of eligibility not
less than 10, nor more than 30 days prior to each applicable Contract Anniversary. We will notify you at least 30 days before
the re-certification is due.
The re-certification must certify that the Covered Person continues to meet
the conditions for eligibility under SecurePay NH, and must be signed by the Covered Person’s physician. We may require an examination
by a physician of our choice at our expense. In the event of a conflict between the medical opinions, the opinion of our physician will
prevail.
We will notify you if you fail to qualify for continued eligibility for the
SecurePay NH benefit. For any Contract Year during which the Covered Person fails to qualify for the Nursing Home Enhancement, we calculate
the Annual Withdrawal Amount according to the terms of the SecurePay Income rider you purchased.
If you have questions about applying for an increased AWA under the SecurePay
NH benefit, or to obtain a copy of the SecurePay NH application and other forms required to apply, you can call us at 1-800-456-6330
or write to us at Protective Life Insurance Company, P.O. Box 1928, Birmingham, Alabama 35202-1928.
Determining Your Increased AWA under the
SecurePay NH benefit
Initial Qualifying Year. Qualification
for an increased AWA under the SecurePay NH benefit may increase the Annual Withdrawal Amount available for the Contract Year during which
you qualify. An increase in the Annual Withdrawal Amount will not change the effect of any withdrawal that occurred prior to the Qualification
Date. Thus, if you took an Excess Withdrawal during the Contract Year before you were notified that you qualify for the SecurePay NH increased
AWA, your earlier withdrawal would still be treated as an Excess Withdrawal under SecurePay.
If your aggregate withdrawals during the qualifying Contract Year are less
than or equal to the Annual Withdrawal Amount in effect prior to the Qualification Date, we will recalculate the remaining Annual Withdrawal
Amount for that Contract Year as of the Qualification Date by multiplying the Benefit Base on that date by the enhanced Maximum Withdrawal
Percentage, and subtracting all prior non-Excess Withdrawals taken since the later of the Benefit Election Date or the most recent Contract
Anniversary.
?
•
For riders issued on or after May
1, 2025:
?
•
Example:
Five years ago, after turning age 75, Elisabeth elected to begin her SecurePay Income benefit. She is now 80 years old and has a Benefit
Base and Contract Value of $100,000. She has a Maximum Withdrawal Percentage of 5%. Her AWA is $5,000 (5% x $100,000).
?
•
Sole Covered Person - In February
of the current Contract Year, Elisabeth takes a SecurePay Withdrawal of $5,000. Assume that in March, Elisabeth qualifies for an enhanced
Maximum Withdrawal Percentage of 10% under SecurePay NH and her Benefit Base is still $100,000. Her new AWA is $10,000 ($100,000 x 10%)
and her remaining AWA for the current Contract Year is $5,000 ($10,000 – $5,000). This would be the same calculation if both Covered
Persons are in a nursing home.
?
•
One of two Covered Persons –
In February of the current Contract Year, Elisabeth takes a SecurePay Withdrawal of $5,000. Assume that in March, Elisabeth qualified
for an enhanced Maximum Withdrawal Percentage that is 125% of the Maximum Withdrawal Percentage under SecurePay NH and her Benefit Base
is still $100,000. Her new AWA is $6,250 ($100,000 x (5% x 125%); $100,000 x 6.25%) and her remaining AWA for the current Contract Year
is $1,250 ($6,250 - $5,000).
?
•
For riders issued before May 1,
2025:
?
•
Example:
Five years ago, after turning age 75, Elisabeth elected a SecurePay rider. She is now 80 years old and has a Benefit Base and Contract
Value of $100,000. She has a Maximum Withdrawal Percentage of 5%. Her AWA is $5,000 (5% x $100,000).
?
•
In February of the current Contract
Year, Elisabeth takes a SecurePay Withdrawal of $5,000. Assume that in March, Elisabeth qualifies for an enhanced Maximum Withdrawal
Percentage of 10% under SecurePay NH and
60
her Benefit Base is still $100,000. Her new AWA is $10,000 ($100,000 x 10%)
and her remaining AWA for the current Contract Year is $5,000 ($10,000 x $5,000).
If you have taken an Excess Withdrawal during the qualifying Contract Year
prior to the Qualification Date, we will recalculate the remaining Annual Withdrawal Amount for that Contract Year as of the Qualification
Date by subtracting the Maximum Withdrawal Percentage identified on the Benefit Election Date from the enhanced Maximum Withdrawal Percentage
provided by this endorsement, and multiplying the difference in those percentages by the Benefit Base on the Qualification Date.
?
•
Example:
Five years ago, after turning age 75, Elisabeth elected to begin her SecurePay Income benefit. She is now 80 years old and has a Benefit
Base and Contract Value of $100,000. She has a Maximum Withdrawal Percentage of 5%. Her AWA is $5,000 (5% x $100,000).
?
•
In February of the current Contract
Year, Elisabeth takes a SecurePay Withdrawal of $5,000 and an Excess Withdrawal of $4,000. Her new Benefit Base after
the Excess Withdrawal is $95,789 ($100,000 – $4,000 / $95,000 x $100,000). Assume that in March, Elisabeth qualifies for an enhanced
Maximum Withdrawal Percentage of 10% under SecurePay NH and her Benefit Base is still $95,789. Her new AWA is $9,579 ($95,789 x 10%) and
her remaining AWA for the current Contract Year is $4,789 ((10% – 5%) x $95,789).
Notice of Qualification. We
will include the amount of the increase in the AWA for the qualifying year in the notice that confirms the Covered Person’s qualification
for the Nursing Home Enhancement.
Subsequent Contract Years. In
subsequent Contract Years in which you are eligible for the Nursing Home Enhancement, we multiply the Benefit Base on the Contract Anniversary
by the enhanced Maximum Withdrawal Percentage to determine the Annual Withdrawal Amount for that Contract Year. For any year in which
you are not eligible for the Nursing Home Enhancement, we determine the Annual Withdrawal Amount, if any, according to the terms of the
SecurePay Income rider you purchased.
Non-Qualifying Years. For
any Contract Year during which the Covered Person fails to qualify for the increased AWA under the SecurePay NH benefit, we calculate
the AWA using the SecurePay withdrawal percentage established on the Benefit Election Date according to the terms of the SecurePay Income
rider you purchased and that Contract Year will not be included in the Nursing Home Benefit Period.
Availability of SecurePay
NH Benefit after Annuitization. Once the Contract has been annuitized, you may no longer submit an application
for an increased AWA under the SecurePay NH benefit. Thus, you may no longer apply for the increased AWA after —
•
you choose to apply your Annuity
Value to an Annuity Option under the Contract;
•
the Maximum Annuity Date under the
Contract is reached; or
•
the Contract Value is reduced to
zero due to the deduction of fees or a SecurePay Withdrawal and an Annuity Date is established.
Thus, if you have not qualified for, and have not begun receiving, an increased
AWA under the SecurePay NH benefit when the Contract is annuitized, you will not be able to receive an increased annuity payment even
if you would have later qualified for the SecurePay NH Benefit. If you have already qualified for, and are receiving, an increased AWA
under SecurePay NH when the Contract is annuitized because the Maximum Annuity Date is reached or the Contract Value is reduced to zero
due to the deduction of fees or a SecurePay Withdrawal, you will continue to receive the increased annuity payment according to the terms
of your rider. Specifically, you will receive the increased payments for the remainder of the 5-Contract Year Maximum Aggregate Nursing
Home Benefit Period. You will not need to re-certify your eligibility for the increased payments under the SecurePay NH benefit after
your annuity payments begin.
Termination and Reinstatement
of the SecurePay NH Benefit. The SecurePay NH benefit terminates when your SecurePay Income rider terminates,
including when the Contract is annuitized. If your SecurePay Income rider is reinstated, your SecurePay NH benefit will also be reinstated.
Tax Considerations for
the SecurePay NH Benefit. The tax treatment of the SecurePay NH benefit is uncertain in several respects. Please
see “FEDERAL TAX MATTERS, Tax Consequences of SecurePay Income rider” and “Qualified Retirement Plans SecurePay Income
Rider.” If you are considering purchasing a Qualified Contract with the
61
SecurePay Income rider, you should consult a tax adviser because the addition of the SecurePay
Income rider could affect the qualification of your Contract and/or the Qualified Plan associated with your Contract.
Required Minimum Distributions
If SecurePay Income is purchased for use with a Qualified Contract, the Qualified
Contract must comply with the required minimum distribution (RMD) rules under the Code Section 401(a)(9). The SecurePay Income rider,
and certain other benefits that the IRS may characterize as “other benefits” for purposes of the regulations under Code
Section 401(a)(9), may increase the amount of the RMD that must be taken from your Qualified Contract. See “QUALIFIED RETIREMENT
PLANS.”
After the Benefit Election Date, we permit withdrawals from a Qualified Contract
that exceed the AWA in order to satisfy the RMD for the Qualified Contract without compromising the SecurePay Income guarantees. In particular,
if you provide us with Written Notice of an RMD at the time you request a SecurePay Withdrawal from your Qualified Contract, we will compute
an amount that is treated under the SecurePay Income rider as the RMD for the calendar year with respect to your Qualified Contract. Note
that although the tax law may permit you in certain circumstances to take distributions from your Qualified Contract to satisfy the RMDs
with respect to other retirement plans established for your benefit, only the amount computed by us as the RMD with respect to your Qualified
Contract is treated as an RMD for purposes of the SecurePay Income rider. Also, if you do not provide us with Written Notice of an RMD
at the time you request a SecurePay Withdrawal, the entire amount by which the withdrawal exceeds any remaining AWA for the Contract Year
will reduce the amount of your future AWA and could reduce your Benefit Base.
In the future, we may institute certain procedures, including requiring that
RMD be established as automatic, periodic distributions, in order to ensure that RMDs for a calendar year do not exceed the AWA for the
corresponding Contract Year.
In general, under the SecurePay Income rider, you may withdraw the greater
of (i) your AWA for a Contract Year or (ii) the RMD attributable to your Contract that is determined as of December 31st
immediately preceding the beginning of your Contract Year.
Note: If the Benefit Election Form is submitted
before the first RMD under Code Section 401(a)(9) is due, we may adjust the amount of your maximum SecurePay Withdrawal for the contract
year that includes the due date for the first RMD so that the maximum amount of your withdrawal under the SecurePay Income rider will
be the greater of your first RMD or AWA plus the greater of your second RMD or AWA minus your actual withdrawals in the previous Contract
Year. Thereafter, the maximum allowed is the greater of the AWA or the RMD determined as of the preceding December 31st.
OTHER OPTIONAL BENEFITS
In addition to the death benefits and the SecurePay Income rider discussed
elsewhere in the Prospectus, other optional benefits are available under the Contract. The following table summarizes information about
these optional benefits.
62
| |
Name of Benefit |
| |
Purpose |
| |
Maximum Fee |
| |
Brief Description of Restrictions/Limitations |
|
| |
|
| | | |
|
| | •
If you purchase the SecurePay Income rider, your allocations must comply
with our Allocation Guidelines and Restrictions. |
| |
| |
|
| | | |
|
| | •
If you purchase the SecurePay Income rider, your allocations must comply
with our Allocation Guidelines and Restrictions. |
| |
| |
|
| | | |
|
| | •
If, during a Contract Year, the amount of withdrawals exceed the annual
free withdrawal amount, we will deduct a surrender charge.
•
If you select the SecurePay Income
rider, the AWP will reduce the Benefit Base and available SecurePay withdrawals.
•
Income taxes, including a10% additional
tax if you are younger than age 591/2, may apply. |
|
SUSPENSION OR DELAY IN PAYMENTS
Payments of a surrender or withdrawal of the Variable Account value or death
benefit are usually made within seven (7) calendar days. However, we may delay such payment of a surrender or withdrawal of the Variable
Account value or death benefit for any period in the following circumstances:
1.
when the New York Stock Exchange
is closed other than the customary weekend and holiday closures;
2.
when trading on the New York
Stock Exchange is restricted;
3.
when an emergency exists (as
determined by the SEC as a result of which (a) the disposal of securities in the Variable Account is not reasonably practical; or
(b) it is not reasonably practical to determine fairly the value of the net assets of the Variable Account);
4.
when the SEC, by order, so permits
for the protection of security holders; or
5.
your premium check has not cleared
your bank.
If, pursuant to SEC rules, the Invesco V.I. U.S. Government Money Portfolio
suspends payment of redemption proceeds in connection with a liquidation of the Fund, we will delay payment of any transfer, withdrawal,
surrender, or death benefit from the Invesco V.I. U.S. Government Money Portfolio Sub-Account until the Fund is liquidated. We will also
delay execution of the following: (a) transfers and variable income payments from the Variable Account; (b) variable income payments from
the Invesco V.I. U.S. Government Money Portfolio Sub-Account; and (c) transfers, fixed income payments, and payment of death benefit from
the Guaranteed Account.
We may delay payment of a surrender or withdrawal from
the Guaranteed Account for up to six months where permitted. Any amount delayed will continue to earn interest until payment is made.
63
SUSPENSION OF CONTRACTS
If mandated under applicable law, we may be required to reject a Purchase
Payment. We also may be required to provide additional information about you and your account to government regulators or law enforcement
authorities. In addition, we may be required to block an Owner’s account and thereby refuse to pay any request for transfers, withdrawals,
surrenders, or death benefits until instructions are received from the appropriate regulator or law enforcement authorities.
CHARGES AND DEDUCTIONS
Premium Based Charge
For each Purchase Payment, we deduct a quarterly Premium Based Charge from
your Contract Value during the first seven years after each Purchase Payment is made, or until we receive Due Proof of Death of the
Owner at our Administrative Office, whichever is first. This fee reimburses us for expenses related to sales and distribution of the Contract,
including commissions we pay to selling brokers, advertising and marketing materials, and other promotional expenses, and is in addition
to the surrender charge we may also impose under the Contract (if you withdraw or surrender your Purchase Payments from the Contract)
to reimburse us for expenses related to sales and distribution of the Contract. In the event Premium Based Charges are not sufficient
to cover sales expenses, we will bear the loss; conversely, if the amount of such charges provides more than enough to cover such expenses,
we will retain the excess. Protective Life does not currently believe that the Premium Based Charges imposed will cover the expected costs
of distributing the Contracts. Any shortfall will be made up from Protective Life’s general assets, which may include amounts derived
from the mortality and expense risk charge.
Premium Based Charge Percentage
The Premium Based Charge is a percentage of each Purchase Payment.
We determine the percentage for each Purchase Payment when we apply the Purchase Payment to your Contract by adding that Purchase
Payment to all prior Purchase Payments applied to your Contract Value. We will add together all Purchase Payments received within 90 days
of the Issue Date for the purpose of determining the Premium Based Charge percentage for each of them.
The schedule of Premium Based Charges is shown in the table below.
|
Current Purchase Payment Plus All Prior Purchase Payments Applied to the Contract
|
| |
Quarterly Premium Based Charge Percentage (as a percentage of each Purchase Payment) |
| |
Annual Equivalent of Premium Based Charge Percentage |
| ||||||
|
Less than $50,000 |
| | | | 0.1750% | | | | | | 0.70% | | |
|
At least $50,000, but less than $100,000 |
| | | | 0.1600% | | | | | | 0.64% | | |
|
At least $100,000, but less than $250,000 |
| | | | 0.1250% | | | | | | 0.50% | | |
|
At least $250,000, but less than $500,000 |
| | | | 0.0875% | | | | | | 0.35% | | |
|
At least $500,000, but less than $1,000,000 |
| | | | 0.0625% | | | | | | 0.25% | | |
|
$1,000,000 or more |
| | | | 0.0375% | | | | | | 0.15% | | |
We do not separate a Purchase Payment into multiple
portions when determining its Premium Based Charge percentage. When a Purchase Payment (which includes all prior Purchase Payments
applied to the Contract) falls within one of the “breakpoints” in the table above, the entire
amount of the Purchase Payment is subject to the Premium Based Charge percentage applicable to that breakpoint. Charge percentage
is established for any Purchase Payment, such percentage is fixed and will not change even if additional Purchase Payments are made
or withdrawals are taken. Please see “APPENDIX: EXAMPLE OF PREMIUM BASED CHARGE” for examples of the operation of
the Premium Based Charge.
Amount of Quarterly Premium Based Charge
We assess the Premium Based Charge for each Purchase Payment subject to
the fee on each successive three-month anniversary of the Issue Date (each, a “Quarterly Contract Anniversary”). On the
business day following each Quarterly Contract Anniversary, we deduct from your Contract Value an amount equal to the sum of the quarterly
fees for all Purchase Payments less than seven years old and received on or before the Quarterly Contract Anniversary.
Please note that, during the seven years following a Purchase Payment,
the amount of the Purchase Payment withdrawn from Contract Value will be subject to the surrender charge and will not reduce the amount
of the Premium Based Charge.
We do not deduct the Premium Based Charge on or after the Annuity Date.
64
Surrender Charge (Contingent Deferred Sales Charge)
General
Within certain time limits described below, we deduct a surrender charge
(contingent deferred sales charge) from the Contract Value when you make a surrender or withdrawal before the Annuity Date or when you
fully or partially surrender your Contract for a commuted value while variable income payments under Annuity Option A (payments for a
certain period) are being made. (See “ANNUITY PAYMENTS, Annuity Date.”) We do not apply the surrender charge to the payment
of a death benefit or when we apply your Annuity Value to an Annuity Option.
The surrender charge reimburses us for expenses related to sales and distribution
of the Contract, including commissions, marketing materials, and other promotional expenses, and is in addition to the Premium Based Charge
we may also impose under the Contract (during the first seven years after you make a Purchase Payment) to reimburse us for expenses
related to sales and distribution of the Contract. In the event surrender charges are not sufficient to cover sales expenses, we will
bear the loss; conversely, if the amount of such charges provides more than enough to cover such expenses, we will retain the excess.
Protective Life does not currently believe that the surrender charges imposed will cover the expected costs of distributing the Contracts.
Any shortfall will be made up from Protective Life’s general assets, which may include amounts derived from the mortality and expense
risk charge.
If you have elected the SecurePay Income rider, we impose a surrender charge
on Excess Withdrawals but not on SecurePay Withdrawals. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”).)
Free Withdrawal Amount
Each Contract Year you may withdraw a specified amount, called the “free
withdrawal amount”, from your Contract without incurring a surrender charge. During the first Contract Year the free withdrawal
amount is equal to 10% of your initial Purchase Payment. In any subsequent Contract Year the free withdrawal amount is equal to the greatest
of: (1) the earnings in your Contract as of the prior Contract Anniversary; (2) 10% of your cumulative Purchase Payments as
of the prior Contract Anniversary; or (3) 10% of the Contract Value as of the prior Contract Anniversary. For the purpose of determining
the free withdrawal amount, earnings equal the Contract Value minus the Purchase Payments not previously assessed with a surrender charge,
both measured as of the Contract Anniversary for which values are being determined. Withdrawals in excess of the free withdrawal amount
in any Contract Year may be subject to surrender charges. Withdrawals, including withdrawals
of the free withdrawal amount, may be subject to income taxation and may be subject to a 10% federal additional tax if taken before the
Owner reaches age 59½. (See “TAXATION OF ANNUITIES IN GENERAL, Taxation of Withdrawals and Surrenders.”)
If you have elected the SecurePay Income rider, we count SecurePay Withdrawals
and Excess Withdrawals when determining the free withdrawal amount. (See “PROTECTED LIFETIME INCOME BENEFIT (“SecurePay
Income”).”)
Determining the Surrender Charge
The surrender charge is based on cumulative Purchase Payments under the
Contract. For the purpose of determining the amount of the surrender charge, we assign to each Purchase Payment a surrender charge tier
that specifies a percentage of the Purchase Payment that we will use in determining the amount of the surrender charge based on the
age of the Purchase Payment and the amount of the Purchase Payment and any prior Purchase Payment(s). The surrender charge percentage
for each Purchase Payment decreases as the Purchase Payment gets older. The age of the Purchase Payment is measured from the date it is
allocated to your Contract. We also limit the withdrawal amount subject to the surrender charge by the available free withdrawal amount
and allocate any gain in Contract Value being withdrawn in excess of the free withdrawal amount to one or more surrender charge tiers
in determining the amount of the surrender charge, as described below.
When you make a Purchase Payment, we assign that Purchase Payment to a specific
surrender charge tier determined by reference to the tiered schedule set forth below. The surrender charge tier assigned to each Purchase
Payment is determined by adding that Purchase Payment to all prior Purchase Payments applied to your Contract Value, as shown in the table
below. Subsequent Purchase Payments do not change the surrender charge tier assigned to any prior Purchase Payment, with one exception:
we will add together all Purchase Payments received within 90 days of the Issue Date for the purpose of determining the surrender
charge tier assigned to each of them.
Surrender Charge Percentages
Table
| |
Current Purchase Payment Plus All Prior Purchase Payments Applied to the Contract |
| |
Number of Complete Years Elapsed Between the Date the Purchase Payment was Applied to the Contract and the Withdrawal or Surrender Date |
| |||||||||||||||||||||||||||||||||||||||||||||
| |
0 |
| |
1 |
| |
2 |
| |
3 |
| |
4 |
| |
5 |
| |
6 |
| |
7+ |
| |||||||||||||||||||||||||||
| |
Less than $50,000 |
| | | | 7.0% | | | | | | 6.0% | | | | | | 6.0% | | | | | | 5.0% | | | | | | 4.0% | | | | | | 3.0% | | | | | | 2.0% | | | | | | 0% | | |
65
| |
Current Purchase Payment Plus All Prior Purchase Payments Applied to the Contract |
| |
Number of Complete Years Elapsed Between the Date the Purchase Payment was Applied to the Contract and the Withdrawal or Surrender Date |
| |||||||||||||||||||||||||||||||||||||||||||||
| |
0 |
| |
1 |
| |
2 |
| |
3 |
| |
4 |
| |
5 |
| |
6 |
| |
7+ |
| |||||||||||||||||||||||||||
| |
At least $50,000 but less than $100,000 |
| | | | 6.0% | | | | | | 5.0% | | | | | | 5.0% | | | | | | 4.0% | | | | | | 3.0% | | | | | | 2.0% | | | | | | 1.0% | | | | | | 0% | | |
| |
At least $100,000 but less than $250,000 |
| | | | 5.0% | | | | | | 4.0% | | | | | | 4.0% | | | | | | 3.0% | | | | | | 2.0% | | | | | | 2.0% | | | | | | 1.0% | | | | | | 0% | | |
| |
At least $250,000 but less than $500,000 |
| | | | 4.0% | | | | | | 3.0% | | | | | | 3.0% | | | | | | 2.0% | | | | | | 2.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 0% | | |
| |
At least $500,000 but less than $1,000,000 |
| | | | 3.0% | | | | | | 2.0% | | | | | | 2.0% | | | | | | 2.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 0.5% | | | | | | 0% | | |
| |
$1,000,000 or more |
| | | | 2.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 0.5% | | | | | | 0.5% | | | | | | 0% | | |
We calculate the surrender charge in the following manner:
1.
We deduct any available free
withdrawal amount from the requested withdrawal amount;
2.
We allocate any withdrawal
amount in excess of any free withdrawal amount to Purchase Payments (or portions of Purchase Payments) not previously assessed a surrender
charge on a “first-in, first-out” (FIFO) basis; and
3.
If there is still a portion
of the withdrawal amount that has not been allocated (which may occur if the amount withdrawn exceeds the free withdrawal amount plus
Purchase Payments not previously assessed a surrender charge, for example, if there has been gain in the Contract Value since the previous
Contract Anniversary), then we will allocate this remaining amount pro-rata to such Purchase Payments.
The surrender charge is the total of each of these allocated amounts multiplied
by its applicable surrender charge percentage, as shown above. If at the time of withdrawal, all Purchase Payments have already been
withdrawn from the Contract, then we will apply the surrender charge percentage associated with the most recent Purchase Payment
we accepted to the amount withdrawn (in excess of any free withdrawal amount).
Refer to “APPENDIX: EXAMPLE OF SURRENDER CHARGE
CALCULATION” for an example of how the surrender charge is calculated.
We will monitor the amount of the surrender charge we assess such that the
amount of any surrender charge we impose, when added to any Premium Based Charge and surrender charge previously paid on the Contract,
will not exceed nine percent (9%) of aggregate Purchase Payments made to date for your Contract.
Waiver of Surrender Charges
We will waive any applicable surrender charge if, at any time after the first
Contract Year:
1.
you are first diagnosed as
having a terminal illness by a physician who is not related to you or the Annuitant; or,
2.
you enter, for a period of at
least ninety (90) days, a facility which is both
a.
licensed by the state or operated
pursuant to state law; and
b.
qualified as a skilled nursing
home facility under Medicare or Medicaid.
The term “terminal illness” means that you are diagnosed as
having a non-correctable medical condition that, with a reasonable degree of medical certainty, will result in your death in 12 months
or less. A “physician” is a medical doctor licensed by a state’s Board of Medical Examiners, or similar authority
in the United States, acting within the scope of his or her license. You must submit written proof satisfactory to us of a terminal illness
or nursing home confinement. We reserve the right to require an examination by a physician of our choice at our expense.
Once we have granted the waiver of surrender charges under the provision described
above, no surrender charges will apply to the Contract in the future and we will accept no additional Purchase Payments. If any Owner
is not
66
an individual, the waiver of surrender charge provisions described above will apply to the
Annuitant. For a period of one year after any change of ownership involving a natural person, we will not waive the surrender charges
under the provision described above.
If the surrender charge is waived, payments will still be treated for federal
tax purposes as withdrawals from the Contract. (See “FEDERAL TAX MATTERS.”)
We may decrease or waive surrender charges on Contracts issued to a trustee,
employer or similar entity pursuant to a retirement plan or when sales are made in a similar arrangement where offering the Contracts
to a group of individuals under such a program results in savings of sales expenses, or where the sponsor of a Qualified Plan determines
to surrender a Qualified Contract when there has been a modification to the Investment Options available under the Contract. We will determine
the entitlement to such a reduction in surrender charge.
We may also waive surrender charges on withdrawals taken as a minimum distribution
required under federal or state tax laws on amounts attributable to Protective Life annuity contracts. (See “QUALIFIED RETIREMENT
PLANS.”) During any Contract Year, the total amount of such withdrawals will reduce the free withdrawal amount available on any
subsequent withdrawal.
Payment of the Surrender Charge on Withdrawals
We will deduct the surrender charge associated with a withdrawal either
from the amount withdrawn (a “gross” withdrawal) or from your remaining Contract Value (a “net” withdrawal),
based on your instructions.
•
In a “gross” withdrawal,
you request a specific withdrawal amount, and we reduce that amount by the amount of the surrender charge. Therefore, you will receive
less than the dollar amount of the withdrawal you requested. If you choose to have us withhold for taxes, we will reduce the amount we
pay you by the amount we withhold.
•
In a “net” withdrawal,
you request a specific withdrawal amount, and we deduct the surrender charge from your remaining Contract Value by withdrawing the charge
from the Investment Options in which you invest in the same proportion as the withdrawal upon which the charge is assessed. Therefore,
we will deduct a larger amount from your Contract Value than the withdrawal amount you specified.
If you do not indicate whether you would like a “gross” or
a “net” withdrawal when you submit your withdrawal request, then we will process your withdrawal request as a gross withdrawal.
Waiver of Premium Based and Surrender Charges
We may waive surrender charges and the Premium Based Charge (1) for
Contracts issued in connection with fee-only arrangements between the Owner and the registered representative of the selling broker-dealer;
(2) for Contracts issued to employees and registered representatives of any member of the selling group, or to officers, directors,
trustees or bona-fide full time employees of Protective Life or the investment advisers of any of the Funds or their affiliated companies
(based upon the Owner’s status at the time the Contract is purchased); and (3) in order to facilitate exceptions to our normally
issued product guidelines. In all cases, no marketing expenses or sales commissions are associated with such Contracts.
Mortality and Expense Risk Charge
To compensate Protective Life for assuming mortality and expense risks,
we deduct a daily mortality and expense risk charge. We deduct the mortality and expense risk charge only from the Variable Account. The
charge is equal, on an annual basis, to 0.55% of the average daily net assets of the Variable Account attributable to your Contract. This
charge is represented as a component of the Base Contract Expense in the Fee Table section of this Prospectus.
The mortality risk Protective Life assumes is that Annuitant(s) may live
for a longer period of time than estimated when the guarantees in the Contract were established. Because of these guarantees, each payee
is assured that longevity will not have an adverse effect on the annuity payments received. The expense risk that Protective Life assumes
is the risk that the administration charge, contract maintenance fee and transfer fees may be insufficient to cover actual future expenses.
We expect to make a reasonable profit with respect to the Contracts. We may make a profit
or incur a loss from the mortality and expense risk charge. Any profit, including profit from the mortality and expense risk charge, may
be used to finance distribution and other expenses.
Administration Charge
We will deduct an administration charge equal, on an annual basis, to 0.10%
of the daily net asset value of the Variable Account attributable to your Contract. We make this deduction to reimburse Protective Life
for expenses incurred in the administration of the Contract and the Variable Account. We deduct the administration charge only from the
Variable Account value. This fee is represented as a component of the Base Contract Expense in the Fee Table section of this Prospectus.
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Death Benefit Fees
Contract Value Death Benefit. We
do not charge any additional fee for the Contract Value Death Benefit.
Return
of Purchase Payments Death Benefit Fee. If you select the Return of Purchase Payments Death Benefit, we assess
a fee to compensate us for the cost of providing this optional death benefit. For the current Return of Purchase Payments Death Benefit
fee, consult your Rate Sheet Prospectus Supplement. The charge for this benefit is applied to the Return of Purchase Payment Death Benefit
value. The value of your Return of Purchase Payments Death Benefit on any Monthly Anniversary Date is the greater of (1) your
Contract Value, or (2) your adjusted aggregate Purchase Payments. (See “DEATH BENEFIT, Return of Purchase Payments Death Benefit”
for a more complete description.) For example, if on a Monthly Anniversary Date your Contract Value equals $125,000 and your adjusted
aggregate Purchase Payments equal $100,000, the fee we deduct on that day will be based on your Contract Value of $125,000.
Maximum Anniversary Value
Death Benefit Fee. If you select the Maximum Anniversary Value Death Benefit, we assess a fee to compensate us
for the cost of providing this optional death benefit. For the current Maximum Anniversary Value Death Benefit fee, see your Rate Sheet
Prospectus Supplement. The charge for this benefit is applied to the Maximum Anniversary Value Death Benefit value. The value of your
Maximum Anniversary Value Death Benefit on any Monthly Anniversary Date is the greatest of (1) your Contract Value, (2) your
adjusted aggregate Purchase Payments, or (3) your greatest anniversary value attained as of that day. (See “DEATH BENEFIT,
Maximum Anniversary Value Death Benefit” for a more complete description.) For example, if on a Monthly Anniversary Date your Contract
Value equals $125,000, your adjusted aggregate Purchase Payments equal $100,000, and your greatest anniversary value attained equals $120,000,
the fee we deduct on that day will be based on your Contract Value of $125,000. Alternatively, if your Contract Value equals only $115,000,
your adjusted aggregate Purchase Payments equal $100,000, and your greatest anniversary value attained equals $120,000, the fee we deduct
on that day will be based on your greatest anniversary value attained of $120,000.
Maximum Quarterly Value
Death Benefit Fee. If you select the Maximum Quarterly Value Death Benefit, we assess a fee to compensate us for
the cost of providing this optional death benefit. For your current Maximum Quarterly Value Death Benefit fee, see your Rate Sheet Prospectus
Supplement. The charge for this benefit is applied to the Maximum Quarterly Value Death Benefit value. The value of your Maximum Quarterly
Value Death Benefit on any Monthly Anniversary Date is the greatest of (1) your Contract Value, (2) your adjusted aggregate
Purchase Payments, or (3) your greatest quarterly value attained as of that day. (See “DEATH BENEFIT, Maximum Quarterly Value
Death Benefit” for a more complete description.) For example, if on a Monthly Anniversary Date your Contract Value equals $125,000,
your adjusted aggregate Purchase Payments equal $100,000, and your greatest anniversary value attained equals $120,000, the fee we deduct
on that day will be based on your Contract Value of $125,000. Alternatively, if your Contract Value equals only $115,000, your
adjusted aggregate Purchase Payments equal $100,000, and your greatest anniversary value attained equals $120,000, the fee we deduct on
that day will be based on your greatest quarterly value attained of $120,000.
Maximum
Daily Value Death Benefit Fee. If you select the Maximum Daily Value Death Benefit, we assess a fee to compensate
us for the cost of providing this optional death benefit. For your current Maximum Daily Value Death Benefit fee, see your Rate Sheet
Prospectus Supplement. The charge for this benefit is applied to the Maximum Daily Value Death Benefit value. The value of your Maximum
Daily Value Death Benefit on any Monthly Anniversary Date is the greatest of (1) your Contract Value, (2) your adjusted aggregate
Purchase Payments, or (3) your greatest daily value attained as of that day. (See “DEATH BENEFIT, Maximum Daily Value Death Benefit”
for a more complete description.) For example, if on a Monthly Anniversary Date your Contract Value equals $125,000, your adjusted aggregate
Purchase Payments equal $100,000, and your greatest daily value attained equals $120,000, the fee we deduct on that day will be based
on your Contract Value of $125,000. Alternatively, if your Contract Value equals only $115,000, your adjusted aggregate Purchase
Payments equal $100,000, and your greatest daily value attained equals $120,000, the fee we deduct on that day will be based on your greatest
daily value attained of $120,000.
Deduction
of Maximum Anniversary, Maximum Quarterly, and Maximum Daily Death Benefit Fee. We calculate the death benefit
fee as of each Monthly Anniversary Date on which the fee is assessed, and we deduct it from your Contract Value on the next Valuation
Date. We will deduct the death benefit fee pro-rata from the Investment Options (e.g., in the same proportion that each Investment Option
has to Contract Value). The deduction of the death benefit fee will reduce your Contract Value, but it will not otherwise reduce the value
of your Maximum Anniversary Value Death Benefit, Maximum Quarterly Value Death Benefit, or Maximum Daily Value Death Benefit. We deduct
this fee whether or not the value of the death benefit is greater than the Contract Value when the fee is deducted. It is possible that
this
68
fee (or some portion thereof) could be treated for federal tax purposes
as a withdrawal from the Contract. (See “TAXATION OF ANNUITIES IN GENERAL, Taxation of Withdrawals and Surrenders.”) We
do not assess a death benefit fee after the Annuity Date.
SecurePay Fee
If you have elected the SecurePay Income rider, we deduct a fee for the
rider that compensates us for the costs and risks we assume in providing this benefit. This SecurePay Fee is a percentage of the
Benefit Base. We deduct this fee from your Contract Value on the Valuation Date that occurs after each Valuation Period containing a Monthly
Anniversary Date. The monthly fee is deducted from the Sub-Accounts in the same proportion that the value of each Sub-Account bears to
the total Contract Value in the Variable Account on that date.
For your current SecurePay Income fee, see your Rate Sheet Prospectus Supplement.
We reserve the right to increase the SecurePay Fee up to the maximum if, in our sole discretion, such change is necessary or appropriate
to mitigate the risks and costs Protective Life assumes in offering the rider. We will not increase the SecurePay Fee above a maximum
of 2.20% (2.20% under RightTime) of your Benefit Base, however.
If we increase the SecurePay
Fee, we will give you at least 30 days’ written notice prior to the increase which notice will identify the date the increase
in the SecurePay Fee will take place and provide instructions on how to accept or decline the increase.You may elect not to pay the increase
in your SecurePay Fee. If you elect not to pay the increased SecurePay Fee, your rider will not terminate. Instead, you will continue
to be assessed your current SecurePay Fee, but you will give up any future increases in your Benefit Base resulting from increases in
your Contract Value as calculated on each Quarterly Anniversary. You will continue to be entitled to increases in the Benefit Base resulting
from the application of the SecurePay Roll-up Value for the remainder of your current roll-up period, however. (See “PROTECTED
LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”).”)
This is how it works: If a Highest Quarterly Value established before you
decline a fee increase becomes the Benefit Base on the next Contract Anniversary, a new roll-up period will begin, which extends the time
in which you can possibly benefit from the roll-up. After you decline to pay the increase in your SecurePay Fee, we will set all subsequent
Quarterly Values under the rider at $0. This eliminates the possibility that the next Quarterly Value will increase your Benefit Base.
We will continue to calculate the SecurePay Roll-up Value, and will increase your Benefit Base by the amount of any increase in the SecurePay
Roll-up Value for the remainder of the current roll-up period. Your Benefit Base will be frozen at the end of the then current roll-up
period, except for reductions based upon Excess Withdrawals.
Transfer Fee
Currently, there is no charge for transfers. Protective Life reserves the
right, however, to charge $25 for each transfer after the first 12 transfers in any Contract Year if Protective Life determines, in its
sole discretion, that the number of transfers or the cost of processing such transfers is excessive. We will give written notice thirty
(30) days before we impose a transfer fee or limit the number of transfers. For the purpose of assessing the fee, we would consider each
request to be one transfer, regardless of the number of Investment Options affected by the transfer in one day. We would deduct the fee
from the amount being transferred.
Contract Maintenance Fee
Prior to the Annuity Date, we deduct a contract maintenance fee of
$50 from the Contract Value on each Contract Anniversary, and on any day that you surrender the Contract other than the Contract Anniversary.
The contract maintenance fee compensates us for expenses associated with administering the Contract. We will deduct the contract maintenance
fee from the Investment Options in the same proportion as their values are to the Contract Value. We will waive the contract maintenance
fee in the event the Contract Value or the aggregate Purchase Payments reduced by surrenders and associated surrender charges equals or
exceeds $75,000 on the date we are to deduct the contract maintenance fee.
Fund Expenses
The net assets of each Sub-Account of the Variable Account will reflect
the investment management fees and other operating expenses the Funds incur. For each Fund, an investment manager receives a daily fee
for its services. Some Funds also deduct 12b-1 fees from Fund assets. Over time these fees, which are paid out of a Fund’s assets
on an ongoing basis, will increase the cost of an investment in Fund shares. (See the prospectuses for the Funds for information about
the Funds.)
Premium Taxes
Some states impose premium taxes at rates currently ranging up to 3.5%.
If premium taxes apply to your Contract, we will deduct them from the Purchase Payment(s) when accepted or from the Contract Value upon
a surrender or withdrawal, death or annuitization.
69
Other Taxes
Currently, no charge will be made against the Variable Account for federal,
state or local taxes other than premium taxes. We reserve the right, however, to deduct a charge for taxes attributable to the operation
of the Variable Account.
Other Information
We sell the Contracts through registered representatives of broker-dealers.
These registered representatives are also appointed and licensed as insurance agents of Protective Life. We pay commissions and other
compensation to the broker-dealers for selling the Contracts. You do not directly pay the commissions and other compensation, we do. We
intend to recover commissions and other compensation, marketing, administrative and other expenses and costs of Contract benefits through
the fees and charges imposed under the Contracts. (See “DISTRIBUTION OF THE CONTRACTS” for more information about payments
we make to the broker-dealers.)
ANNUITY PAYMENTS
Annuity Date
On the Issue Date, the Annuity Date is the oldest Owner’s or Annuitant’s
95th birthday. You may elect a different Annuity Date, provided
that it is no later than the oldest Owner’s or Annuitant’s 95th
birthday (the “Maximum Annuity Date”). You may not choose an Annuity Date that is less than 3 years after the most
recent Purchase Payment. Distributions from Qualified Contracts may be required before the Annuity Date. We
will terminate the SecurePay Income rider in effect on the Annuity Date and any benefits under the rider will terminate as well.
(See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY INCOME”) - Benefit Available on Maximum Annuity Date (oldest
Owner’s or Annuitant’s 95th birthday).”)
Changing the Annuity Date
The Owner may change the Annuity Date by Written Notice. The new Annuity
Date must be at least 30 days after the date we receive Written Notice and no later than the oldest Owner’s or Annuitant’s
95th birthday. You may not choose a new Annuity Date that is less
than 3 years after the most recent Purchase Payment. You also must elect as your Annuity Option either payments for the life of the Annuitant
with no certain period or for a certain period of no less than 10 years.
Annuity Value
The Annuity Value is the amount we will apply to the Annuity Option you
have selected. Generally the Annuity Value is your Contract Value on the Annuity Date, less any applicable fees, charges and premium tax
on that date. In the circumstances described below, however, we may use an Annuity Value that is higher than the Contract Value or that
includes a bonus amount.
Annuity Income Payments
On the Annuity Date, we will apply your Annuity Value to the Annuity Option
you have selected to determine your annuity income payment. You may elect to receive a fixed income payment, a variable income payment,
or a combination of both using the same Annuity Option and certain period. You have the option of choosing to receive annuity income payments
monthly, quarterly, semi-annually, or annually.
Fixed Income Payments
Fixed income payments are periodic payments from Protective Life to the
designated Payee, the amount of which is fixed and guaranteed by Protective Life. Fixed income payments are not in any way dependent upon
the investment experience of the Variable Account. Once fixed income payments have begun, they may not be surrendered.
Variable Income Payments
Variable income payments are periodic payments from
Protective Life to the designated Payee, the amount of which varies from one payment to the next as a reflection of the net investment
experience of the Sub-Account(s) you select to support the payments. You may fully or partially surrender variable income payments for
a commuted value if those payments are being made under Annuity Option A (payments for a certain period).
“Commuted value” is the present value of the future variable income payments made over the selected certain period, discounted
back at an Assumed Investment Return. Refer to “APPENDIX: EXPLANATION OF THE VARIABLE INCOME PAYMENT CALCULATION” for an
explanation of the commuted value calculation. You may not surrender variable income payments if those payments are being made under Annuity
Option B (life income with or without a certain period).
70
A surrender charge will apply if you fully or partially surrender variable income payments
within 7 years after our receipt of any Purchase Payment. In this case, the surrender charge will be determined as described in the
“CHARGES AND DEDUCTIONS, Surrender Charge” section of this Prospectus, but without regard to any free withdrawal amount
that may have otherwise been available.
Annuity Units
On the Annuity Date, we will apply the Annuity Value you have allocated
to variable income payments (less applicable charges and premium taxes) to the variable Annuity Option you have selected. Using an interest
assumption of 5%, we will determine the dollar amount that would equal a variable income payment if a payment were made on that date.
(No payment is actually made on that date.) We will then allocate that dollar amount among the Sub-Accounts you selected to support your
variable income payments, and we will determine the number of Annuity Units in each of those Sub-Accounts that is credited to your Contract.
We will make this determination based on the Annuity Unit values established at the close of regular trading on the New York Stock Exchange
on the Annuity Date. If the Annuity Date is a day on which the New York Stock Exchange is closed, we will determine the number of Annuity
Units on the next day the New York Stock Exchange is open. The number of Annuity Units attributable to each Sub-Account under a Contract
generally remains constant unless there is an exchange of Annuity Units between Sub-Accounts.
Determining the Amount of Variable Income
Payments
We will determine the amount of your variable income payment no earlier
than five Valuation Dates before the date on which a payment is due, using values established at the close of regular trading on the New
York Stock Exchange that day.
We determine the dollar amount of each variable income payment attributable
to each Sub-Account by multiplying the number of Annuity Units of that Sub-Account credited to your Contract by the Annuity Unit value
(described below) for that Sub-Account on the Valuation Period during which the payment is determined. The dollar value of each variable
income payment is the sum of the variable income payments attributable to each Sub-Account.
The Annuity Unit value of each Sub-Account for any Valuation Period is equal
to (a) multiplied by (b) divided by (c) where:
a.
is the net investment factor for
the Valuation Period for which the Annuity Unit value is being calculated;
b.
is the Annuity Unit value for
the preceding Valuation Period; and
c.
is a daily Assumed Investment
Return (AIR) factor adjusted for the number of days in the Valuation Period.
The AIR is equal to 5%.
If the net investment return of the Sub-Account
for a variable income payment period is equal to the AIR during that period, the variable income payment attributable to that Sub-Account
for that period will equal the payment for the prior period. To the extent that such net investment return exceeds the AIR for that period,
the payment for that period will be greater than the payment for the prior period; to the extent that such net investment return falls
short of the AIR for that period, the payment for that period will be less than the payment for the prior period.
Refer to “APPENDIX: EXPLANATION OF THE VARIABLE
INCOME PAYMENT CALCULATION” for an explanation of the variable income payment calculation.
Exchange of Annuity Units
After the Annuity Date, you may exchange the dollar amount of a designated
number of Annuity Units of a particular Sub-Account for an equivalent dollar amount of Annuity Units of another Sub-Account. On the date
of the exchange, the dollar amount of a variable income payment generated from the Annuity Units of either Sub-Account would be the same.
We allow only one exchange between Sub-Accounts in any calendar month, and allow no exchanges between the Guaranteed Account and the Variable
Account.
Annuity Options
You may select an Annuity Option or change your selection
by Written Notice that Protective Life receives no later than 30 days before the Annuity Date. You may not change your selection
of an Annuity Option less than 30 days before the Annuity Date. We will send you a notice in advance of your Annuity Date which asks
you to select your Annuity Option. Your choice of Annuity Option may be limited, depending on your use of the Contract. If you have not
selected an Annuity Option within 30 days of the Annuity Date, we will apply your Annuity Value to Option B — Life Income
with Payments for a 10 Year Certain Period, with the Variable Account value used to purchase variable income payments and the Guaranteed
Account value used to purchase fixed income payments.
71
Generally, you may select from among the Annuity Options described below. However, certain
Annuity Options and/or certain period durations may not be available, depending on the age of the Annuitant and whether your Contract
is a Qualified Contract that is subject to limitations under the Required Minimum Distribution rules of Section 401(a)(9) of the Code.
In addition, once annuity payments start under an Annuity Option, it may be necessary to modify those payments following the Annuitant’s
death in order to comply with the Required Minimum Distribution rules, if your Annuity is a Qualified Contract. For a discussion of the
post-death distribution requirements for Qualified Contracts, see “QUALIFIED RETIREMENT PLANS, Required Minimum Distributions.”
Option A — Payments For a Certain
Period:
We will make payments for the period you select. No certain period may be
longer than 30 years. Payments under this Annuity Option do not depend on the life of an Annuitant.
Option B — Life Income With Or
Without A Certain Period:
Payments are based on the life of the named Annuitant(s). If you elect to
include a certain period, we will make payments for the lifetime of the Annuitant(s), with payments guaranteed for the certain period
you select. No certain period may be longer than 30 years. Payments stop at the end of the selected certain period or when the Annuitant(s)
dies, whichever is later. We reserve the right to demand proof that the Annuitant(s) is living prior to making any payment under Option
B. If no certain period is selected, no payments will be made after the death of the Annuitant(s), no
matter how few or how many payments have been made. This means the Payee will receive no annuity payments if the Annuitant(s) dies before
the first scheduled payment, will receive only one payment if death occurs before the second scheduled payment, and so on.
Additional Option:
You may use the Annuity Value to purchase any annuity contract that we offer
on the date you elect this option.
When selecting an Annuity Option, you should bear in mind that the amount
of each payment for a certain period compared to the amount of each payment for life (either with or without a certain period) depends
on the length of the certain period chosen and the life expectancy of the Annuitant(s). The longer the life expectancy, the lower the
payments. Generally, the shorter the certain period chosen, the higher the payments. In addition, more frequent payments will generally
result in lower payment amounts, and conversely, less frequent payments will result in higher payment amounts. You also should consider
that, assuming Annuitants with the same life expectancy, choosing Option B — Life Income Without a Certain Period
will result in larger annuity payments than Option B — Life Income with a Certain Period (although the Payee will
receive more payments under Option B — Life Income with a Certain Period if the Annuitant dies before the end of
the certain period). You should consult your sales representative to discuss which Annuity Option would be most appropriate for your circumstances.
At this time Protective does not allow a “partial annuitization,”
i.e., we do not allow you to apply a portion of your Contract Value to an annuity option while
maintaining the remaining Contract Value available for withdrawals or a surrender. However, in the future we may allow a partial annuitization
subject to our then applicable rules and procedures.
Minimum Amounts
If your Annuity Value is less than $5,000 on the Annuity Date, we reserve
the right to pay the Annuity Value in one lump sum if, in our sole discretion, we determine that a single payment is necessary to avoid
excessive administrative costs. If at any time your annuity income payments are less than the minimum payment amount according to the
Company’s rules then in effect, we reserve the right to change the frequency to an interval that will result in a payment at least
equal to the minimum.
Death of Annuitant or Owner After Annuity Date
In the event of the death of any Owner on or after the Annuity Date, the
Beneficiary will become the new Owner. If any Owner or Annuitant dies on or after the Annuity Date and before all benefits under the Annuity
Option you selected have been paid, we generally will pay any remaining portion of such benefits at least as rapidly as under the Annuity
Option in effect when the Owner or Annuitant died. However, in the case of a Qualified Contract, the Required Minimum Distribution rules
of Code Section 401(a)(9) may require any remaining portion of such benefits to be paid more rapidly than originally scheduled. In that
regard, it is important to understand that in the case of a Qualified Contract, once annuity payments start under an Annuity Option it
may be necessary to modify those payments following the Annuitant’s death in order to comply with the Required Minimum Distribution
rules. See “QUALIFIED RETIREMENT PLANS, Required Minimum Distributions.” After the death of the Annuitant, any remaining
payments shall be payable to the Beneficiary unless you specified otherwise before the Annuitant’s death.
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YIELDS AND TOTAL RETURNS
From time to time, Protective Life may advertise or include in sales literature
yields, effective yields, and total returns for the Sub-Accounts. These figures are
based on historic results and do not indicate or project future performance.
Yields, effective yields, and total returns for the Sub-Accounts are based
on the investment performance of the corresponding Funds. The Funds’ performance also reflects the Funds’ expenses, including
any 12b-1 fees. Certain of the expenses of each Fund may be reimbursed by the investment manager. See the prospectuses for the Funds.
Yields
The yield of the Invesco®
V.I. U.S. Government Money Portfolio Sub-Account refers to the annualized income generated by an investment in the Sub-Account over
a specified seven-day period. The SEC Standardized yield is calculated by assuming that the income generated for that seven-day period
is generated each seven day period over a 52 week period and is shown as a percentage of the investment. The SEC Standardized effective
yield is calculated similarly but when annualized the income earned by an investment in the Sub-Account is assumed to be reinvested. The
effective yield will be slightly higher than the yield because of the compounding effect of this assumed reinvestment.
The yield of a Sub-Account (except the Invesco®
V.I. U.S. Government Money Portfolio Sub-Account) refers to the annualized income generated by an investment in the Sub-Account
over a specified 30 day or one-month period. The yield is calculated by assuming that the income generated by the investment during that
30 day or one month period is generated each period over a 12 month period and is shown as a percentage of the investment.
Information regarding the current yield of the Invesco®
V.I. U.S. Government Money Portfolio Sub-Account as well as the performance of the other Sub-Accounts can be found at https://apps.myprotective.com/vavulperformance/Views/default.aspx.
Both SEC standardized and non-SEC standardized data are available.
Total Returns
The total return of a Sub-Account refers to return quotations assuming an
investment under a Contract has been held in the Sub-Account for various periods of time including a period measured from the date the
Sub-Account commenced operations. Average annual total return refers to total return quotations that are based on an average return over
various periods of time.
Certain Funds have been in existence prior to the investment by the Sub-Accounts
in such Funds. Protective Life may advertise and include in sales literature the performance of the Sub-Accounts that invest in these
Funds for these prior periods. The performance information of any period prior to the investments by the Sub-Accounts is calculated as
if the Sub-Accounts had invested in those Funds during those periods, using current charges and expenses associated with the Contract.
Standardized Average Annual Total Returns
The average annual total return quotations represent the average annual
compounded rates of return that would equate an initial investment of $1,000 under a Contract to the redemption value of that
investment as of the last day of each of the periods for which the quotations are provided. Average annual total return information shows
the average percentage change in the value of an investment in the Sub-Account from the beginning date of the measuring period to
the end of that period. This SEC standardized version of average annual total return reflects all historical investment results, less
all charges and deductions applied under the Contract and any surrender charges that would apply if you terminated the Contract at the
end of each indicated period, but excluding any deductions for premium taxes.
When a Sub-Account has been in operation prior to the commencement of the
offering of the Contract described in this Prospectus, Protective Life may advertise and include in sales literature the performance of
the Sub-Accounts for these prior periods. The Sub-Account performance information of any period prior to the commencement of the offering
of the Contract is calculated as if the Contract had been offered during those periods, using current charges and expenses.
Until a Sub-Account (other than the Invesco®
V.I. U.S. Government Money Portfolio Sub-Account) has been in operation for 10 years, Protective Life will always include
quotes of standard average annual total return for the period measured from the date that Sub-Account began operations. When a Sub-Account
(other than the Invesco® V.I. U.S. Government Money Portfolio Sub-Account)
has been in operation for one, five and ten years, respectively, the standard version average annual total return for these periods
will be provided.
Non-Standard Average Annual Total Returns
In addition to the standard version of average annual total return described
above, total return performance information computed on non-standard bases may be used in advertisements or sales literature. Non-standard
average annual
73
total return information may be presented, computed on the same basis as the standard version
except deductions may not include the surrender charges or the contract maintenance fee. In addition, Protective Life may from time to
time disclose average annual total return in other non-standard formats and cumulative total return for Contracts funded by the Sub-Accounts.
Protective Life may, from time to time, also disclose yield, standard average
annual total returns, and non-standard total returns for the Funds.
Non-standard performance data will only be disclosed if the standard performance
data for the periods described in “Standardized Average Annual Total Returns,” above, is also disclosed.
Performance Comparisons
Protective Life may, from time to time, advertise or include in sales literature
Sub-Account performance relative to certain performance rankings and indices compiled by independent organizations. In advertising and
sales literature, the performance of each Sub-Account may be compared to the performance of other variable annuity issuers in general
or to the performance of particular types of variable annuities investing in mutual funds, or investment portfolios of mutual funds with
investment objectives similar to each of the Sub-Accounts. Lipper Analytical Services, Inc. (“Lipper”), the Variable Annuity
Research Data Service (“VARDS”), and Morningstar Inc. (“Morningstar”) are independent services which monitor
and rank the performance of variable annuity issuers in each of the major categories of investment objectives on an industry-wide basis.
Lipper and Morningstar rankings include variable life insurance issuers
as well as variable annuity issuers. VARDS rankings compare only variable annuity issuers. The performance analyses prepared by Lipper,
Morningstar and VARDS each rank such issuers on the basis of total return, assuming reinvestment of distributions, but do not take sales
charges, redemption fees, or certain expense deductions at the separate account level into consideration. In addition, VARDS prepares
risk adjusted rankings, which consider the effects of market risk on total return performance. This type of ranking provides data as to
which funds provide the highest total return within various categories of funds defined by the degree of risk inherent in their investment
objectives.
Advertising and sales literature may also compare the performance of each
Sub-Account to the Standard & Poor’s Index of 500 Common Stocks, a widely used measure of stock performance. This unmanaged
index assumes the reinvestment of dividends but does not reflect any “deduction” for the expense of operating or managing
an investment portfolio. Other independent ranking services and indices may also be used as a source of performance comparison.
Other Matters
Protective Life may also report other information including the effect of
tax-deferred compounding on a Sub-Account’s investment returns, or returns in general, which may be illustrated by tables, graphs,
or charts.
All income and capital gains derived from Sub-Account investments are reinvested
and can lead to substantial long-term accumulation of assets, provided that the underlying Fund’s investment experience is positive.
FEDERAL TAX MATTERS
Introduction
The following discussion of the federal income tax treatment of the Contract
is not exhaustive, does not purport to cover all situations, and is not intended as tax advice. The federal income tax treatment of the
Contract is unclear in certain circumstances, and you should always consult a qualified tax adviser regarding the application of law to
individual circumstances. This discussion is based on the Code, Treasury Department regulations, and interpretations existing on the date
of this Prospectus. These authorities, however, are subject to change by Congress, the Treasury Department, and judicial decisions.
This discussion does
not address federal estate, gift, or generation skipping transfer taxes, or any state or local tax consequences associated with the purchase
of the Contract. In addition, Protective Life makes no guarantee regarding any tax treatment — federal, state
or local — of any Contract or of any transaction involving a Contract.
The Company’s Tax Status
Protective Life is taxed as a life insurance company under the Code. Since
the operations of the Variable Account are a part of, and are taxed with, the operations of the Company, the Variable Account is not separately
taxed as a “regulated investment company” under the Code. Under existing federal income tax laws, investment income and
74
capital gains of the Variable Account are not taxed to the extent they are applied under
a Contract. Protective Life does not anticipate that it will incur any federal income tax liability attributable to such income and gains
of the Variable Account, and therefore does not intend to make provision for any such taxes. If Protective Life is taxed on investment
income or capital gains of the Variable Account, then Protective Life may impose a charge against the Variable Account in order to make
provision for such taxes.
TAXATION OF ANNUITIES IN GENERAL
Tax Deferral During Accumulation Period
Under existing provisions of the Code, except as described below, any increase
in an Owner’s Contract Value is generally not taxable to the Owner until received, either in the form of annuity payments as contemplated
by the Contracts, or in some other form of distribution. However, this rule applies only if:
1.
the investments of the Variable
Account are “adequately diversified” in accordance with Treasury Department regulations;
2.
the Company, rather than the
Owner, is considered the owner of the assets of the Variable Account for federal income tax purposes; and
3.
the Owner is an individual (or
an individual is treated as the Owner for tax purposes).
Diversification Requirements
The Code and Treasury Department regulations prescribe the manner in which
the investments of a segregated asset account, such as the Variable Account, are to be “adequately diversified.” If the
Variable Account fails to comply with these diversification standards, the Contract will not be treated as an annuity contract for federal
income tax purposes and the Owner would generally be taxable currently on the excess of the Contract Value over the premiums paid for
the Contract. Protective Life expects that the Variable Account, through the Funds, will comply with the diversification requirements
prescribed by the Code and Treasury Department regulations.
Ownership Treatment
In certain circumstances, variable annuity contract owners may be considered
the owners, for federal income tax purposes, of the assets of a segregated asset account, such as the Variable Account, used to support
their contracts. In those circumstances, income and gains from the segregated asset account would be currently includable in the contract
owners’ gross income. The Internal Revenue Service (“IRS”) has stated in published rulings that a variable contract
owner will be considered the owner of the assets of a segregated asset account if the owner possesses incidents of ownership in those
assets, such as the ability to exercise investment control over the assets.
The ownership rights under the Contract are similar to, but differ in certain
respects from, the ownership rights described in certain IRS rulings where it was determined that contract owners were not owners of the
assets of a segregated asset account (and thus not currently taxable on the income and gains). For example, the Owner of this Contract
has the choice of more Investment Options to which to allocate Purchase Payments and Variable Account values than were addressed in such
rulings. These differences could result in the Owner being treated as the owner of the assets of the Variable Account and thus subject
to current taxation on the income and gains from those assets. In addition, the Company does not know what standards will be set forth
in any further regulations or rulings which the Treasury Department or IRS may issue. Protective Life therefore reserves the right to
modify the Contract as necessary to attempt to prevent Contract Owners from being considered the owners of the assets of the Variable
Account. However, there is no assurance such efforts would be successful.
Nonnatural Owner
As a general rule, Contracts held by “nonnatural persons”
such as a corporation, trust or other similar entity, as opposed to a natural person, are not treated as annuity contracts for federal
tax purposes. The income on such Contracts (as defined in the tax law) is taxed as ordinary income that is received or accrued by the
Owner of the Contract during the taxable year. There are several exceptions to this general rule for nonnatural Owners. First, Contracts
will generally be treated as held by a natural person if the nominal owner is a trust or other entity which holds the Contract as an agent
for a natural person. Thus, if a group Contract is held by a trust or other entity as an agent for certificate owners who are individuals,
those individuals should be treated as owning an annuity for federal income tax purposes. However, this special exception will not apply
in the case of any employer who is the nominal owner of a Contract under a non-qualified deferred compensation arrangement for its employees.
In addition, exceptions to the general rule for nonnatural Owners will apply
with respect to:
1.
Contracts acquired by an estate
of a decedent by reason of the death of the decedent;
75
2.
Certain Qualified Contracts;
3.
Contracts purchased by employers
upon the termination of certain Qualified Plans;
4.
Certain Contracts used in connection
with structured settlement agreements; and
5.
Contracts purchased with a
single purchase payment when the annuity starting date is no later than a year from purchase of the Contract and substantially equal periodic
payments are made, not less frequently than annually, during the annuity period.
Delayed Annuity Dates
If the Contract’s Annuity Date occurs (or is scheduled to occur) at
a time when the Annuitant has reached an advanced age (e.g., past age 95), it is possible that
the Contract would not be treated as an annuity for federal income tax purposes. In that event, the income and gains under the Contract
could be currently includable in the Owner’s income.
The remainder of this discussion assumes that the Contract will be treated
as an annuity contract for federal income tax purposes.
Taxation of Withdrawals and Surrenders
In the case of a withdrawal, amounts you receive are generally includable
in income to the extent your Contract Value before the withdrawal exceeds your “investment in the contract” (defined
below). All amounts includable in income with respect to the Contract are taxed as ordinary income; no amounts are taxed at the special
lower rates applicable to long term capital gains and corporate dividends. Amounts received under an automatic withdrawal plan are treated
for tax purposes as withdrawals, not annuity payments. In the case of a surrender, amounts received are includable in income to the extent
they exceed the “investment in the contract.” For these purposes, the “investment in the contract” at any
time equals the total of the Purchase Payments made under the Contract to that time (to the extent such payments were neither deductible
when made nor excludable from income as, for example, in the case of certain contributions to Qualified Contracts) less any amounts previously
received from the Contract which were not includable in income.
Withdrawals and surrenders may be subject to a 10% additional tax. (See “Additional
Tax on Premature Distributions.”) Withdrawals and surrenders may also be subject to federal income tax withholding requirements.
(See “FEDERAL INCOME TAX WITHHOLDING.”)
Under the Waiver of Surrender Charges provision of the Contract, amounts we
distribute may not be subject to surrender charges if you have a terminal illness or enter, for a period of at least 90 days, certain
nursing home facilities. However, such distributions will be treated as withdrawals for federal income tax purposes.
As described elsewhere in this Prospectus, the Company assesses a fee with
respect to the Maximum Anniversary Value Death Benefit and the Maximum Quarterly Value Death Benefit. It is possible that this fee (or
some portion thereof) could be treated for federal tax purposes as a withdrawal from the Contract.
Taxation of Annuity Payments
Normally, the portion of each annuity income payment taxable as ordinary income
equals the excess of the payment over the exclusion amount. In the case of variable income payments, the exclusion amount is the “investment
in the contract” (defined above) you allocate to the variable Annuity Option when payments begin, adjusted for any period
certain or refund feature, divided by the number of payments expected (as determined by Treasury Department regulations which take into
account the Annuitant’s life expectancy and the form of annuity benefit selected). In the case of fixed income payments, the exclusion
amount is determined by multiplying (1) the payment by (2) the ratio of the investment in the contract you allocate to the fixed
Annuity Option, adjusted for any period certain or refund feature, to the total expected amount of annuity income payments for the term
of the Contract (determined under Treasury Department regulations).
Once the total amount of the investment in the contract is excluded using
the above formulas, annuity income payments will be fully taxable. If annuity income payments cease because of the death of the Annuitant
and before the total amount of the investment in the contract is recovered, the unrecovered amount generally will be allowed as a deduction.
There may be special income tax issues present in situations where the Owner
and the Annuitant are not the same person and are not married to one another within the meaning of federal law. You should consult a tax
advisor in those situations.
Annuity income payments may be subject to federal income tax withholding requirements.
See “FEDERAL INCOME TAX WITHHOLDING.”
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Tax Consequences of the Optional SecurePay Income Rider
Withdrawals, pledges,
or gifts. In general, SecurePay Withdrawals are treated for tax purposes as withdrawals. As described elsewhere,
in the case of a withdrawal, an assignment or pledge of any portion of a Contract, or a transfer of the Contract without adequate consideration,
the Owner will be required to include in income an amount determined by reference to the excess of his or her Contract Value (“cash
surrender value” in the case of a transfer without adequate consideration) over the “investment in the contract”
at the time of the transaction. If you purchase the SecurePay Income rider, the IRS may determine that the income in connection with such
transactions should be determined by reference to the excess of the greater of (1) the AWA or (2) the Contract Value (“cash
surrender value” in the case of a transfer without adequate consideration) over the “investment in the contract.”
Annuity Payments. If
the oldest Owner’s or Annuitant’s 95th birthday
occurs while the SecurePay Income rider is in effect, and we provide monthly payments equal to the greater of (1) the AWA divided
by 12, and (2) payments under a life annuity with a 10 year certain period, we will treat such monthly payments as annuity income payments.
Also, if the Contract Value is reduced to zero due to the deduction of fees and charges or a SecurePay Withdrawal, we will treat periodic
payments made on or after the Annuity Date established under the SecurePay settlement as annuity income payments. As described above,
annuity income payments are includable in gross income to the extent they exceed the exclusion amount. Once the total amount of the investment
in the contract is excluded from income, annuity income payments will be fully taxable. It is possible that the total amount of the investment
in the contract will be excluded from income as a result of withdrawals taken prior to the Annuity Date established under the SecurePay
settlement, in which case all payments made on or after that date will be fully includable in income.
SecurePay NH. The
proper characterization for federal income tax purposes of the SecurePay NH benefit is unclear. We believe that the increased AWA payable
because of confinement in a nursing home will be treated as a taxable payment under your annuity contract (as described above) and will
not be excludable from your income as a payment under a long term care insurance contract. It is possible that the IRS could determine
that the SecurePay NH benefit provides a form of long term care insurance coverage. In that event, (1) you could be treated as in receipt
of some amount of income attributable to the value of the benefit even though you have not received a payment from your Contract, and
(2) the amount of income attributable to AWA payments could differ from the amounts described above.
Taxation of Death Benefit Proceeds
Prior to the Annuity Date, we may distribute amounts from a Contract because
of the death of an Owner or, in certain circumstances, the death of the Annuitant. Such death benefit proceeds are includable in income
as follows:
1.
if distributed in a lump sum,
they are taxed in the same manner as a surrender, as described above; or
2.
if distributed under an Annuity
Option, they are taxed in the same manner as annuity income payments, as described above.
After the Annuity Date, if a guaranteed period exists under a life income
Annuity Option and the Annuitant dies before the end of that period, payments we make to the Beneficiary for the remainder of that period
are includable in income as follows:
1.
if received in a lump sum, they
are included in income to the extent that they exceed the unrecovered investment in the contract at that time; or
2.
if distributed in accordance with
the existing Annuity Option selected, they are fully excluded from income until the remaining investment in the contract is deemed to
be recovered, and all annuity income payments thereafter are fully includable in income.
Proceeds payable on death may be subject to federal income tax withholding
requirements. (See “FEDERAL INCOME TAX WITHHOLDING.”)
Assignments, Pledges, and Gratuitous Transfers
Other than in the case of Qualified Contracts (which generally cannot be
assigned or pledged), any assignment or pledge of (or agreement to assign or pledge) any portion of the Contract Value is treated
for federal income tax purposes as a withdrawal of such amount or portion. If the entire Contract Value is assigned or pledged, subsequent
increases in the Contract Value are also treated as withdrawals for as long as the assignment or pledge remains in place. The investment
in the contract is increased by the amount included in income with respect to such assignment or pledge, though it is not affected by
any other aspect of the assignment or pledge (including its release). If an Owner transfers a Contract without adequate consideration
to a person other than the Owner’s spouse (or to a former spouse incident to divorce), the Owner will be required to include in
income the difference between the “cash surrender value” and the investment in the contract at the time of transfer. In
such case, the transferee’s “investment in the contract” will
77
increase to reflect the increase in the transferor’s income. The exceptions for transfers
to the Owner’s spouse (or to a former spouse) are limited to individuals that are treated as spouses under federal law.
Additional Tax on Premature Distributions
Where we have not issued the Contract in connection with a Qualified Plan,
there generally is a 10% additional tax on the amount of any payment from the Contract (e.g.,
withdrawals, surrenders, annuity payments, death benefit proceeds, assignments, pledges, and gratuitous transfers) that is includable
in income unless the payment is:
a.
received on or after the Owner
reaches age 59½;
b.
attributable to the Owner’s
becoming disabled (as defined in the tax law);
c.
made on or after the death of
the Owner or, if the Owner is not an individual, on or after the death of the primary annuitant (as defined in the tax law);
d.
made as part of a series of substantially
equal periodic payments (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 a designated beneficiary (as defined in the tax law); or
e.
made under a Contract purchased
with a single Purchase Payment when the annuity starting date is no later than a year from purchase of the Contract and substantially
equal periodic payments are made, not less frequently than annually, during the annuity period.
Certain other exceptions to the 10% additional tax not described herein
also may apply. (Similar rules, discussed below, apply in the case of certain Qualified Contracts.)
Aggregation of Contracts
In certain circumstances, the IRS may determine the amount of an annuity
income payment, withdrawal, or a surrender from a Contract that is includable in income by combining some or all of the annuity contracts
a person owns that were not issued in connection with Qualified Plans. For example, if a person purchases a Contract offered by this Prospectus
and also purchases at approximately the same time an immediate annuity issued by Protective Life (or its affiliates), the IRS may treat
the two contracts as one contract. In addition, if a person purchases two or more deferred annuity contracts from the same insurance company
(or its affiliates) during any calendar year, all such contracts will be treated as one contract for purposes of determining whether any
payment that was not received as an annuity (including surrenders prior to the Annuity Date) is includable in income. The effects of such
aggregation are not always clear; however, it could affect the amount of a withdrawal, surrender or an annuity payment that is taxable
and the amount which might be subject to the 10% additional tax described above.
Exchanges of Annuity Contracts
We may issue the Contract in exchange for all or part of another annuity
contract that you own. Such an exchange will be tax free if certain requirements are satisfied. If you exchange all of another annuity
contract and the exchange is tax free, your investment in the Contract immediately after the exchange will generally be the same as that
of the annuity contract exchanged, increased by any additional Purchase Payment made as part of the exchange. Your Contract Value immediately
after the exchange may exceed your investment in the Contract. That excess may be includable in income should amounts subsequently be
withdrawn or distributed from the Contract (e.g., as a withdrawal, surrender, annuity income payment, or death benefit).
If you exchange part of an existing contract for the Contract, and within
180 days of the exchange you receive a payment other than certain annuity payments (e.g.,
you make a withdrawal) from either contract, the exchange may not be treated as a tax free exchange. Rather, some or all of the amount
exchanged into the Contract could be includible in your income and subject to a 10% additional tax.
You should consult your tax advisor in connection with an exchange of all
or part of an annuity contract for the Contract, especially if you may make a withdrawal from either contract within 180 days after
the exchange.
Medicare Hospital Insurance Tax on Certain Distributions
A Medicare hospital insurance tax of 3.8% will apply to some types of investment
income. This tax will apply to all taxable distributions from non-Qualified Contracts. This tax only applies to taxpayers with “modified
adjusted gross income” above $250,000 in the case of married couples filing jointly or a qualifying widow(er) with dependent child,
$125,000 in the case of married couples filing separately, and $200,000 for all others. For more information regarding this tax and whether
it may apply to you, please consult your tax advisor.
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Loss of Interest Deduction Where Contract Is Held By or For the Benefit of
Certain Nonnatural Persons
In the case of Contracts issued after June 8, 1997, to a nonnatural
taxpayer (such as a corporation or a trust), or held for the benefit of such an entity, that entity’s general interest deduction
under the Code may be limited. More specifically, a portion of its otherwise deductible interest may not be deductible by the entity,
regardless of whether the interest relates to debt used to purchase or carry the Contract. However, this interest deduction disallowance
does not affect Contracts where the income on such Contracts is treated as ordinary income that the Owner received or accrued during the
taxable year. Entities that are considering purchasing the Contract, or entities that will be Beneficiaries under a Contract, should consult
a tax adviser.
QUALIFIED RETIREMENT PLANS
In General
The Contracts are also designed for use in connection with certain types
of retirement plans which receive favorable treatment under the Code. Many Qualified Plans provide the same type of tax deferral as provided
by the Contract. The Contract, however, provides a number of benefits and features not provided by such retirement plans and employee
benefits plans or arrangements alone. Those who are considering the purchase of a Contract for use in connection with a Qualified Plan
should consider, in evaluating the suitability of the Contract, that the Contract requires a minimum initial Purchase Payment of at least
$10,000 and that additional Purchase Payments may be limited or not accepted. Numerous special tax rules apply to the participants in
Qualified Plans and to Contracts used in connection with Qualified Plans. Therefore, we make no attempt in this Prospectus to provide
more than general information about use of the Contract with the various types of Qualified Plans. State income tax rules applicable to
Qualified Plans and Qualified Contracts often differ from federal income tax rules, and this Prospectus does not describe any of these
differences. Those who intend to use the Contract in connection with Qualified Plans should seek competent
advice.
The tax rules applicable to Qualified Plans vary according to the type of
plan and the terms and conditions of the plan itself. For example, for surrenders, automatic withdrawals, withdrawals, and annuity income
payments under Qualified Contracts, there may be no “investment in the contract” and the total amount received may be taxable.
Both the amount of the contribution that you and/or your employer may make, and the tax deduction or exclusion that you and/ or your employer
may claim for such contribution, are limited under Qualified Plans.
Required Minimum Distributions
In
General. In the case of Qualified Contracts, rules imposed by Section 401(a)(9) of the Code determine the time
at which distributions must commence to you or your beneficiary and the manner in which the minimum amount of the distribution is computed
(the “RMD” rules). Legislation passed in 2019 (the “SECURE Act”) and in 2022 (the “SECURE 2.0 Act”)
changed a number of the RMD rules applicable to distributions after the death of a Qualified Contact owner. The changes made by the SECURE
Act were generally effective after 2019, and the changes made by the SECURE 2.0 Act were generally effective after 2022. This discussion
is a general description of the new RMD rules implemented by the SECURE and SECURE 2.0 Acts and not those of prior law, which remain applicable
in certain circumstances. In addition, the terms or your plan or IRA will control. Failure to comply with the RMD rules may result in
the imposition of an excise tax. This excise tax generally equals 25% of the amount by which the minimum required distribution exceeds
the actual distribution from the Qualified Plan. The excise tax is reduced to 10% if a taxpayer receives a distribution, during the “correction
window,” of the amount of the missed RMD from the same plan to which the excise tax relates and satisfies certain other conditions.
When Distributions Must
Begin. Distributions of minimum amounts (as specified in the RMD rules) must commence from Qualified Plans by
the “required beginning date.” In the case of Individual Retirement Accounts or Annuities (IRAs), this generally means April
1 of the calendar year following the calendar year in which the Owner reaches the “applicable age.” In the case of certain
other Qualified Plans, distributions of such minimum amounts must generally commence by the later of this date or April 1 of the calendar
year following the calendar year in which the employee retires. Roth IRAs are not subject to the lifetime RMD rules. For taxable years
beginning after December 31, 2023, lifetime RMDs are no longer required for designated Roth accounts under 401(k) and 403(b) plans. RMDs
must still be taken from designated Roth accounts for 2023, including those with a required beginning date of April 1, 2024.
|
If you were born... |
| |
Your “applicable age” is.... |
| |||
|
Before July 1, 1949 |
| | | | 70½ | | |
|
After June 30, 1949 and before 1951 |
| | | | 72 | | |
|
After 1950 and before 1960 |
| | | | 73 | | |
|
In 1960 or later |
| | | | 75 | | |
Annual
Distribution Amount. If you choose to take RMDs in the form of withdrawals, the annual amount to be distributed
is determined by dividing your Contract’s account value by the applicable factor from IRS life expectancy
79
tables. The death benefit under your Contract, the annuitization benefit,
the benefits under the SecurePay Income rider, and certain other benefits of your Contract may increase the amount of the minimum required
distribution that must be taken from your Contract. If your Contract is an IRA, Protective Life will calculate your RMDs during your lifetime
if you ask us to do so.
Death
Before Your Required Beginning Date. In general, if you die before your required beginning date, and you have
a designated beneficiary, any remaining interest in your Contract must be distributed within 10 years after your death, unless the designated
beneficiary is an “eligible designated beneficiary” (“EDB”). A designated beneficiary is any individual
designated as a beneficiary by the IRA owner or an employee-annuitant. An EDB is any designated beneficiary who is (1) your surviving
spouse, (2) your minor child, (3) disabled, (4) chronically ill, or (5) an individual not more than 10 years younger than you. An EDB
(other than a minor child) can generally stretch distributions over their life or life expectancy if payments begin by the end of the
calendar year following the year of your death. Special rules apply to EDBs who are minors and to beneficiaries that are not individuals.
Death
On Or After Your Required Beginning Date. In general, if you die on or after your required beginning date, and
you have a designated beneficiary who is not an EDB, any remaining interest in your Contract must continue to be distributed annually
over the longer of your remaining life expectancy and your beneficiary’s life expectancy (or more rapidly), but all amounts must
be distributed within 10 years of your death. If your beneficiary is an EDB (other than a minor child), distributions must continue annually
over the longer of your remaining life expectancy and the EDB’s life expectancy (or more rapidly), but all amounts must be distributed
within 10 years of the EDB’s death. Special rules apply to EDBs who are minors and beneficiaries that are not individuals.
Spousal
Continuation. If your sole beneficiary is your spouse, your surviving spouse can delay the application of the
post-death distribution requirements until after their death by transferring the remaining interest tax-free to your surviving spouse’s
own IRA, or by treating your IRA as your surviving spouse’s own IRA. In certain circumstances, the spouse may have to take a “hypothetical
RMD” before transferring their interest or treating your IRA as their own.
Annuity Payments. If
you choose to take some or all of your RMDs in the form of annuity payments rather than withdrawals, the payments may be made over your
life, your life and the life of your designated beneficiary, for a certain period, or for life with or without a period certain. If you
commence taking distributions in the form of an annuity that can continue after your death, such as in the form of a joint and survivor
annuity or an annuity with a guaranteed period of more than 10 years, any distributions after your death that are scheduled to be made
beyond the applicable distribution period imposed under the new law might need to be accelerated at the end of that period (or otherwise
modified after your death if permitted under federal tax law and by Protective Life) in order to comply with the post-death distribution
requirements.
The minimum distribution requirements are complex and
unclear in numerous respects. The manner in which these requirements will apply will depend on your particular facts and circumstances.
You may wish to consult a professional tax adviser for tax advice as to your particular situation.
Additional Tax on Premature Distributions
There may be a 10% additional tax under section 72(t) of the Code on the
taxable amount of payments from certain Qualified Contracts. In the case of an IRA, exceptions provide that the additional tax does not
apply to a payment:
a.
received on or after the date
the Owner reaches age 59½;
b.
received on or after the Owner’s
death or because of the Owner’s disability (as defined in the tax law); or
c.
made as part of a series of substantially
equal periodic payments (not less frequently than annually) for the life (or life expectancy) of the Owner or for the joint lives (or
joint life expectancies) of the Owner and his designated beneficiary (as defined in the tax law).
These exceptions generally apply to taxable distributions from other Qualified
Plans (although, in the case of plans qualified under Section 401, exception “c” above for substantially equal periodic
payments applies only if the Owner has separated from service). Certain other exceptions to the 10% additional tax not described herein
also may apply. Please consult your tax adviser.
Other Considerations
When issued in connection with a Qualified Plan, we will amend a Contract
as generally necessary to conform to the requirements of the plan. However, Owners, Annuitants, and Beneficiaries are cautioned that the
rights of any person to any benefits under Qualified Plans may be subject to the terms and conditions of the plans themselves, regardless
of the terms and conditions of the Contract. In addition, the Company shall not be bound by terms and conditions of Qualified Plans to
the extent such terms and conditions contradict the Contract, unless the Company consents.
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Following are brief descriptions of various types of Qualified Plans in connection with which
the Company may issue a Contract.
Individual Retirement Accounts and Annuities
Section 408 of the Code permits eligible individuals to contribute to an individual
retirement program known as an IRA. If you use this Contract in connection with an IRA, the Owner and Annuitant generally must be the
same individual and generally may not be changed. IRAs are subject to limits on the amounts that may be contributed and deducted, on the
persons who may be eligible, and on the time when distributions must commence. Also, subject to the direct rollover and mandatory withholding
requirements (discussed below), you may “roll over” distributions from certain Qualified Plans on a tax-deferred basis into
an IRA.
However, you may not use the Contract in connection with
a “Coverdell Education Savings Account” (formerly known as an “Education IRA”) under Section 530
of the Code, a “Simplified Employee Pension” (or SEP) under Section 408(k) of the Code, or a “Simple IRA”
under Section 408(p) of the Code.
Roth IRAs
Section 408A of the Code permits eligible individuals to contribute to
a type of IRA known as a “Roth IRA.” Roth IRAs are generally subject to the same rules as non-Roth IRAs, but differ in several
respects. Among the differences is that, although contributions to a Roth IRA are not deductible, “qualified distributions”
from a Roth IRA will be excludable from income.
A qualified distribution is a distribution that satisfies two requirements.
First, the distribution must be made in a taxable year that is at least five years after the first taxable year for which a contribution
to any Roth IRA established for the Owner was made. Second, the distribution must be either (1) made after the Owner attains the
age of 59½; (2) made after the Owner’s death; (3) attributable to the Owner being disabled; or (4) a qualified
first-time homebuyer distribution within the meaning of Section 72(t)(2)(F) of the Code. In addition, distributions from Roth IRAs
need not commence during the Owner’s lifetime. A Roth IRA may accept a “qualified rollover contribution” from (1) a
non-Roth IRA, (2) a “designated Roth account” maintained under a Qualified Plan, and (3) certain Qualified Plans
of eligible individuals. Special rules apply to rollovers to Roth IRAs from Qualified Plans and from designated Roth accounts under Qualified
Plans. You should seek competent advice before making such a rollover.
A conversion of a traditional IRA to a Roth IRA, and a rollover from any other
eligible retirement plan to a Roth IRA, made after December 31, 2017, cannot be recharacterized as having been made to a traditional
IRA. For tax years beginning after December 31, 2023, a beneficiary of a section 529 account can roll over a distribution from the section
529 account to a Roth IRA for the beneficiary if certain requirements are met. The rollover must be paid through a trustee-to-trustee
transfer. The rollover amount in any year cannot exceed the Roth IRA contribution limit and the aggregate amount for all years cannot
exceed $35,000. In addition, the rollover must be from a section 529 account that has been open for more than 15 years. Other restrictions
may apply.
Inherited IRAs
In certain circumstances, the Code permits an individual
designated beneficiary of a qualified retirement plan or an IRA to directly transfer the beneficiary’s interest into an Inherited
IRA. If you purchase this Contract in connection with an Inherited IRA, please take the following into consideration:
?
•
For non-spouse
beneficiaries, the purchase must be accomplished via a direct rollover from an eligible retirement plan of the deceased individual or
a direct trustee-to-trustee transfer from an IRA of the deceased individual. Special rules apply to spouse beneficiaries.
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•
No additional
Purchase Payments will be accepted as regular cash contributions to the IRA. However, you may be able to directly roll over or transfer
additional Purchase Payments from an eligible retirement plan or IRA from the same deceased individual.
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•
No optional
Protected Lifetime Income Benefits may be purchased.
?
•
Your investment
will not remain in the Contract indefinitely and distributions must be taken pursuant to theRequired Minimum Distribution rules as they
apply to your situation. You could be subject to an excise tax for the failure to take a Required Minimum Distribution. See QUALIFIED
RETIREMENT PLANS, Required Minimum Distributions.
?
•
You may
generally make transfers between available Investment Options and make partial withdrawals greater than any amount required to be withdrawn
as a Required Minimum Distribution.
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Special tax rules apply to an Inherited IRA. You should
work with your tax and legal counsel before you purchase this Contract as an Inherited IRA to understand any tax consequences with respect
to your particular situation.
IRA to IRA Rollovers and Transfers
A rollover contribution is a tax-free movement of amounts from one IRA to
another within 60 days after you receive the distribution. In particular, a distribution from a non-Roth IRA generally may be rolled
over tax-free within 60 days to another non-Roth IRA, and a distribution from a Roth IRA generally may be rolled over tax-free within
60 days to another Roth IRA. A distribution from a Roth IRA may not be rolled over (or transferred) tax-free to a non-Roth IRA.
A rollover from any one of your IRAs (including IRAs you have with another
company) with another IRA is allowed only once within a one-year period. This limitation applies on an aggregate basis and applies to
all types of your IRAs, meaning that you cannot make an IRA to IRA rollover if you have made such a rollover involving any of your IRAs
in the preceding one-year period. For example, a rollover between your Roth IRAs would preclude a separate rollover within the one-year
period between your non-Roth IRAs, and vice versa. The one-year period begins on the date that you receive the IRA distribution, not the
date it is rolled over into another IRA.
If the IRA distribution does not satisfy the rollover rules, it may be (1) taxable
in the year distributed, (2) subject to a 10% tax on early distributions, and (3) treated as a regular contribution to the recipient
IRA, which could result in an excess contribution.
If you inherit an IRA from your spouse, you generally can roll it over into
an IRA established for you, or you can choose to make the inherited IRA your own. If you inherited an IRA from someone other than your
spouse, you cannot roll it over, make it your own, or allow it to receive rollover contributions.
A rollover from one IRA to another is different from a direct trustee-to-trustee
transfer of your IRA assets from one IRA trustee to another IRA trustee. A “trustee-to-trustee” transfer is not considered
a rollover and is not subject to the 60-day rollover requirement or the one rollover per year rule. In addition, a rollover between IRAs
is different from direct rollovers from certain Qualified Plans to non-Roth IRAs and “qualified rollover contributions”
to Roth IRAs.
Pension and Profit-Sharing Plans
Section 401(a) of the Code permits employers to establish various types
of tax-favored retirement plans for employees. The Self-Employed Individuals’ Tax Retirement Act of 1962, as amended, commonly
referred to as “H.R. 10” or “Keogh,” permits self-employed individuals also to establish such tax-favored
retirement plans for themselves and their employees. Such retirement plans may permit the purchase of the Contract in order to provide
benefits under the plans. These types of plans may be subject to rules under Sections 401(a)(11) and 417 of the Code that provide
rights to a spouse or former spouse of a participant. In such a case, the participant may need the consent of the spouse or former spouse
to change annuity options, to elect a partial automatic withdrawal option, or to make a partial or full surrender of the Contract.
Pension and profit sharing plans are subject to nondiscrimination rules.
The nondiscrimination rules generally require that benefits, rights or features of the plan not discriminate in favor of highly compensated
employees. In that regard, the Contract requires a minimum initial Purchase Payment of at least $10,000. In addition, each Purchase Payment
is subject to a fee, which is a percentage of the cumulative Purchase Payments. The percentage decreases as the cumulative Purchase
Payments increase. Also, the Annual Contract Maintenance Fee is waived for Contract Values that are greater than $75,000. In evaluating
whether the Contract is suitable for purchase in connection with such a plan, you should consider the extent to which certain aspects
of the Contract, e.g., the Contract Maintenance Fee waiver, the minimum initial Purchase Payment, and the Premium Based Charge, may affect
the plan’s compliance with applicable nondiscrimination requirements. Violation of these rules can cause loss of the plan’s
tax favored status under the Code. Employers intending to use the Contract in connection with such plans should seek competent advice.
Deferred Compensation Plans of State and
Local Governments and Tax-Exempt Organizations
Section 457 of the Code permits employees of state and local governments
and tax-exempt organizations to defer a portion of their compensation without paying current taxes. The employees must be participants
in an eligible deferred compensation plan. Generally, a Contract purchased by a state or local government or a tax-exempt organization
under a Section 457 plan will not be treated as an annuity contract for federal income tax purposes. The Contract will be issued
in connection with a Section 457 deferred compensation plan sponsored by a state or local government only if the plan has established
a trust to hold plan assets, including the Contract.
SecurePay Income
Protective offers for an additional charge the SecurePay Income rider, which
is a protected lifetime income benefit rider. As noted above, Qualified Plans are subject to numerous special requirements and there is
no authoritative guidance
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from the IRS on the effects on a Qualified Plan of the purchase of a protected lifetime
income benefit such as SecurePay Income rider. Plan fiduciaries should consult a tax advisor before purchasing
a Qualified Contract with the SecurePay Income rider because the purchase of the SecurePay Income rider could affect the qualification
of the Contract and/or the Qualified Plan associated with the Contract. For example, it is unclear whether the SecurePay Income
rider is part of the “balance of the employee’s account” within the meaning of Code Section 411(a)(7), and,
if so, whether a discontinuance or adjustment in the SecurePay Income rider coverage (such as upon the participant taking an “excess”
withdrawal, or reallocating to another investment option within the plan) can result in an impermissible forfeiture under Code Section 411(a).
In addition, certain types of Qualified Plans, such as a profit sharing plan under section 401(a) of the Code, must comply with certain
qualified joint and survivor annuity rules (“QJSA rules”) if a participant elects to receive a life annuity. The manner
in which the QJSA rules apply to the SecurePay Income rider is unclear. For example, it is unclear whether an election to receive benefits
under the rider could be viewed as the election of a life annuity triggering certain spousal consent requirements. Noncompliance with
the QJSA rules could affect the qualification of the Qualified Plan associated with the Contract. There may be other aspects of the SecurePay
Income rider that could affect a Qualified Plan’s tax status which are not discussed here.
When a SecurePay Income rider is purchased, one of the benefits available
is the SecurePay NH benefit. The proper characterization for federal income tax purposes of the SecurePay NH benefit is unclear. We believe
the better characterization of the SecurePay NH benefit is that it is an annuity benefit and the increased AWA payments made under the
SecurePay NH benefit are payments from your annuity. However, it is possible that the IRS could determine that the SecurePay NH benefit
provides a form of long term care insurance coverage or some other type of “incidental benefit.” The tax consequences
of such a characterization are uncertain, but it could affect the qualification of the Contract and/or the Qualified Plan associated with
the Contract.
Direct Rollovers
If your Contract is used in connection with a pension or profit-sharing
plan qualified under Section 401(a) of the Code, or is used with an eligible deferred compensation plan that has a government sponsor
and that is qualified under Section 457(b) of the Code, any “eligible rollover distribution” from the Contract will
be subject to direct rollover and mandatory withholding requirements. An eligible rollover distribution generally is any taxable distribution
from a qualified pension plan under Section 401(a) of the Code, or an eligible Section 457(b) deferred compensation plan that
has a government sponsor, excluding certain amounts (such as minimum distributions required under Section 401(a)(9) of the Code,
distributions which are part of a “series of substantially equal periodic payments” made for life or a specified period
of 10 years or more, or hardship distributions as defined in the tax law).
Under these requirements, federal income tax equal to 20% of the eligible
rollover distribution will be withheld from the amount of the distribution. Unlike withholding on certain other amounts distributed from
the Contract, discussed below, you cannot elect out of withholding with respect to an eligible rollover distribution. However, this 20%
withholding will not apply if, instead of receiving the eligible rollover distribution, you elect to have it directly transferred to certain
eligible retirement plans (such as an IRA). Prior to receiving an eligible rollover distribution, you will receive a notice (from the
plan administrator or the Company) explaining generally the direct rollover and mandatory withholding requirements and how to avoid the
20% withholding by electing a direct transfer.
FEDERAL INCOME TAX WITHHOLDING
In General
Protective Life will withhold and remit to the federal government a part
of the taxable portion of each distribution made under a Contract, including amounts that escheat to the state, unless the distributee
notifies Protective Life at or before the time of the distribution that he or she elects not to have any amounts withheld. In certain
circumstances, Protective Life may be required to withhold tax. The withholding rates applicable to the taxable portion of periodic annuity
payments (other than eligible rollover distributions) are the same as the withholding rates generally applicable to payments of wages.
In addition, a 10% withholding rate applies to the taxable portion of non-periodic payments (including surrenders prior to the Annuity
Date) and conversions of, or rollovers from, non-Roth IRAs and Qualified Plans to Roth IRAs. Regardless of whether you elect not to have
federal income tax withheld, you are still liable for payment of federal income tax on the taxable portion of the payment. As discussed
above, the withholding rate applicable to eligible rollover distributions is 20%.
Nonresident Aliens and Foreign Corporations
The discussion above provides general information regarding federal withholding
tax consequences to annuity contract purchasers or beneficiaries that are U.S. citizens or residents. Purchasers or beneficiaries that
are not U.S. citizens or residents will generally be subject to U.S. federal withholding tax on taxable distributions from annuity contracts
83
at a 30% rate, unless a lower treaty rate applies. Prospective purchasers that are not U.S.
citizens or residents are advised to consult with a tax advisor regarding federal tax withholding with respect to the distributions from
a Contract.
FATCA Withholding
In order for the Company to comply with income tax withholding and information
reporting rules which may apply to annuity contracts, the Company may request documentation of “status” for tax
purposes. “Status” for tax purposes generally means whether a person is a “U.S. person” or a foreign person
with respect to the United States; whether a person is an individual or an entity; and if an entity, the type of entity. Status for tax
purposes is best documented on the appropriate IRS Form or substitute certification form (IRS Form W-9 for a U.S. person or the appropriate
type of IRS Form W-8 for a foreign person). If the Company does not have appropriate certification or documentation of a person’s
status for tax purposes on file, it could affect the rate at which the Company is required to withhold income tax. Information reporting
rules could apply not only to specified transactions, but also to contract ownership. For example, under the Foreign Account Tax Compliance
Act (“FATCA”), which applies to certain U.S.-source payments, and similar or related withholding and information reporting
rules, the Company may be required to report contract values and other information for certain contractholders. For this reason the Company
may require appropriate status documentation at purchase, change of ownership, and affected payment transactions, including death benefit
payments. FATCA and its related guidance is extraordinarily complex and its effect varies considerably by type of payor, type of payee
and type of distributee or recipient.
GENERAL MATTERS
Error in Age or Gender
When a benefit of the Contract is contingent upon any person’s age
or gender, we may require proof of such. We may suspend payments until we receive proof. When we receive satisfactory proof, we will make
the payments which were due during the period of suspension. Where the use of unisex mortality rates is required, we will not determine
or adjust benefits based upon gender.
If after we receive proof of age and gender (where applicable), we determine
that the information you furnished was not correct, we will adjust any benefit under this Contract to that which would be payable based
upon the correct information. If we have underpaid a benefit because of the error, we will make up the underpayment in a lump sum. If
the error resulted in an overpayment, we will deduct the amount of the overpayment from any current or future payment due under the Contract.
We will deduct up to the full amount of any current or future payment until the overpayment has been fully repaid. Underpayments and overpayments
will bear interest at an annual effective interest rate of 3% when permitted by the state of issue.
Incontestability
We will not contest the Contract.
Non-Participation
The Contract is not eligible for dividends and will not participate in Protective
Life’s surplus or profits.
Assignment or Transfer of a Contract
You have the right to assign or transfer a Contract if it is permitted by
law. Generally, you do not have the right to assign or transfer a Qualified Contract. We do not assume responsibility for any assignment
or transfer. Any claim made under an assignment or transfer is subject to proof of the nature and extent of the assignee’s or transferee’s
interest before we make a payment. Assignments and transfers have federal income tax consequences. An assignment or transfer may result
in the Owner recognizing taxable income. (See “TAXATION OF ANNUITIES IN GENERAL, Assignments, Pledges and Gratuitous Transfers”
in the Prospectus.)
Notice
All instructions and requests to change or assign the Contract must be received
in Good Order. The instruction, change or assignment will relate back to and take effect on the date it was signed, except we will not
be responsible for following any instruction or making any change or assignment before we receive it.
Modification
No one is authorized to modify or waive any term or provision of this Contract
unless we agree to the modification or waiver in writing and it is signed by our President, Vice-President or Secretary. We reserve the
right to change or modify
84
the provisions of this Contract to conform to any applicable laws, rules or regulations
issued by a government agency, or to assure continued qualification of the Contract as an annuity contract under the Code. We will send
you a copy of the endorsement that modifies the Contract, and where required we will obtain all necessary approvals, including that of
the Owner(s).
Reports
At least annually prior to the Annuity Date, we will send to you at the
address contained in our records a report showing the current Contract Value and any other information required by law.
Settlement
Benefits due under this Contract are payable from our Administrative Office.
You may apply the settlement proceeds to any payout option we offer for such payments at the time you make the election. Unless directed
otherwise in writing, we will make payments according to the Owner’s instructions as contained in our records at the time we make
the payment. We shall be discharged from all liability for payment to the extent of any payments we make.
Receipt of Payment
If any Owner, Annuitant, Beneficiary or Payee is incapable of giving a valid
receipt for any payment, we may make such payment to whomever has legally assumed his or her care and principal support. Any such payment
shall fully discharge us to the extent of that payment.
Protection of Proceeds
To the extent permitted by law and except as provided by an assignment,
no benefits payable under this Contract will be subject to the claims of creditors.
Minimum Values
The values available under the Contract are at least equal to the minimum
values required in the state where the Contract is delivered.
Application of Law
The provisions of the Contract are to be interpreted in accordance with
the laws of the state where the Contract is delivered, with the Code and with applicable regulations.
No Default
The Contract will not be in default if subsequent Purchase Payments are not
made.
DISTRIBUTION OF
THE CONTRACTS
Distribution
We have entered into an agreement with Investment Distributors,
Inc. (“IDI”) under which IDI has agreed to distribute the Contracts on a “best efforts” basis. Under the agreement,
IDI serves as principal underwriter (as defined under Federal securities laws and regulations) for the Contracts. IDI is a Tennessee corporation
and was established in 1993. IDI, a wholly-owned subsidiary of PLC, is an affiliate of Protective Life, and its home office shares the
same address as Protective Life. IDI is registered with the SEC under the Securities Exchange Act of 1934 as a broker-dealer and is a
member firm of the Financial Industry Regulatory Authority, Inc. (“FINRA”).
IDI does not sell Contracts directly to purchasers.
IDI, together with Protective Life, enters into distribution agreements with other broker-dealers (collectively, “Selling Broker-Dealers”)
for the sale of the Contracts. Registered representatives of the Selling Broker-Dealers sell the Contracts directly to purchasers. Registered
representatives of the Selling Broker-Dealers must be licensed as insurance agents by applicable state insurance authorities and appointed
as agents of Protective Life in order to sell the Contracts.
We pay commissions and additional asset-based compensation
to Selling Broker-Dealers through IDI. IDI does not retain any commission payment or other amounts as principal underwriter for the Contracts.
However, we pay IDI a fee to cover some or all of IDI’s operating and other expenses.
We offer the Contract on a continuous basis. While
we anticipate continuing to offer the Contracts, we reserve the right to discontinue the offering at any time.
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We paid the following aggregate dollar amounts to IDI in commissions
and additional asset-based compensation relating to sales of our variable annuity contracts, which IDI passed along directly to the Selling
Broker-Dealers.
|
Fiscal Year Ended |
| |
Amount Paid to IDI |
| |||
|
December 31, 2022 |
| | | $ | 37,339,184 | | |
|
December 31, 2023 |
| | | $ | 37,105,641 | | |
|
December 31, 2024 |
| | | $ | 48,216,905 | | |
Selling Broker-Dealers
We pay commissions to all Selling Broker-Dealers and provide some form of
non-cash compensation to some Selling Broker-Dealers in connection with the promotion and sale of the Contracts. A portion of any payments
made to Selling Broker-Dealers may be passed on to their registered representatives in accordance with their internal compensation programs.
We may use any of our corporate assets to pay commissions and other costs of distributing the Contracts, including any profit from the
mortality and expense risk charge or other fees and charges imposed under the Contracts. Commissions and other incentives or payments
described below are not charged directly to Contract owners or the Variable Account. We intend to recoup commissions and other sales expenses
through fees and charges deducted under the Contracts or from our general account.
Compensation Paid to
All Selling Broker-Dealers. We pay commissions as a percentage of initial and subsequent Purchase Payments
at the time we receive them, as a percentage of Contract Value on an ongoing basis, or a combination of both. While the amount and
timing of commissions varies depending on the distribution agreement, we do not expect them to exceed 8% of any Purchase Payment (if compensation
is paid as a percentage of Purchase Payments) and/or 1.0% annually of average Contract Value (if compensation is paid as a percentage
of Contract Value). In the normal course of business, we also provide non-cash compensation in connection with the promotion of the Contracts,
including conferences and seminars (including travel, lodging and meals in connection therewith), and items of relatively small value,
such as promotional gifts, meals, or tickets to sporting or entertainment events, in accordance with all applicable federal and state
rules, including FINRA’s non-cash compensation rules.
The registered representative who sells you the Contract typically receives
a portion of the compensation we pay to his or her Selling Broker-Dealer, depending on the agreement between the Selling Broker-Dealer
and your registered representative and the Selling Broker-Dealer’s internal compensation program. These programs may include other
types of cash and non-cash compensation and other benefits. If you would like information about what your
registered representative and the Selling Broker-Dealer for whom he or she works may receive in connection with your purchase of a Contract,
please ask your registered representative.
Additional Compensation
Paid to Selected Selling Broker-Dealers. In addition to ordinary commissions and non-cash compensation, we may
pay additional asset-based compensation to selected Selling Broker-Dealers. These payments may be made through IDI. These payments may
be (1) additional amounts as a percentage of purchase payments and/or premiums we receive on our variable insurance products
(including the Contracts), and (2) additional “trail” commissions, which are periodic payments as a percentage
of the contract and policy values or variable account values of our variable insurance products (including Contract Values and Variable
Account values of the Contracts). Some or all of these additional asset-based compensation payments may be conditioned upon the Selling
Broker-Dealer producing a specified amount of new purchase payments and/or premiums (including Purchase Payments for the Contracts) and/or
maintaining a specified amount of contract and policy value (including Contract Values of the Contracts) with us.
The Selling Broker-Dealers to whom we pay additional asset-based compensation
may provide preferential treatment with respect to our products (including the Contracts) in their marketing programs. Preferential treatment
of our products by a Selling Broker-Dealer may include any or all of the following: (1) enhanced marketing of our products over non-preferred
products; (2) increased access to the Selling Broker-Dealer’s registered representatives; and (3) payment of higher compensation
to registered representatives for selling our products (including the Contracts) than for selling non-preferred products.
In 2024, we paid additional asset-based compensation
to the Selling Broker-Dealers, AgencyOne, Allstate, American Global Wealth, Amplify, Avantax, Bonsai, Cabot Lodge, Cadaret Grant, Cambridge,
Cape Securities, Cetera, Comerica, Commonwealth, Concourse, Copper Financial, CreativeOne, CUSO, DPL, Edward Jones, First Palladium, Gerard
Vanderzanden, Grove Point, Halo, IFG, Infinex, Kestra, James Boldischar, Lion Street, Lockton Affinity, LPL, Mariner Insurance Resources,
Mark W. Maurer, MMLIS, Mutual Securities, NEXT Financial, One Resource Group, Osaic (formerly Advisor Group), Pinnacle, PNC Investments,
Producers Choice, Professional Life Underwriters Services, Purshe Kaplan Sterling, Raymond James, RBC, RetireOne, RIA Insurance Solutions,
Schwab, Stifel, TruChoice, UBS, Valmark Securities and Voya in connection with the sale of our variable insurance products (including
the contracts). These payments ranged from $0 to $12,455,449 in total.
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These additional asset-based compensation arrangements are not offered to all Selling Broker-Dealers.
These arrangements are designed to specially encourage the sale of our products (and/or our affiliates’ products) by such Selling
Broker-Dealers. The prospect of receiving, or the receipt of, additional asset-based compensation provides Selling Broker-Dealers and/or
their registered representatives with an incentive to favor sales of our variable insurance products (including the Contracts) over other
variable insurance products (or other investments) with respect to which a Selling Broker-Dealer does not receive additional compensation,
or receives lower levels of additional compensation. You may wish to take such payment arrangements into account when considering and
evaluating any recommendation relating to the Contracts. If you would like information about what your
registered representative and the Selling Broker-Dealer for whom he or she works may receive in connection with your purchase of a Contract,
please ask your registered representative.
We may also pay to selected Selling Broker-Dealers,
including those listed above as well as others, additional compensation in the form of (1) payments for participation in
meetings and conferences that include presentations about our products (including the Contracts), and (2) payments to help defray
the costs of sales conferences and educational seminars for the Selling Broker-Dealers’ registered representatives.
Inquiries
You may make inquiries regarding a Contract by writing to Protective Life
at its Administrative Office.
CEFLI
Protective Life Insurance Company is a member of the Compliance & Ethics
Forum for Life Insurers (“CEFLI”), and as such may include the CEFLI logo and information about CEFLI membership in its
advertisements. Companies that belong to CEFLI subscribe to a set of ethical standards covering the various aspects of sales and service
for individually sold life insurance and annuities.
LEGAL PROCEEDINGS
Protective Life and its subsidiaries, like other insurance companies, in
the ordinary course of business are involved in some class action and other lawsuits, or alternatively in arbitration. In some class action
and other lawsuits involving insurance companies, substantial damages have been sought and material settlement payments have been made.
Although the outcome of any litigation or arbitration cannot be predicted, Protective Life believes that at the present time there are
no pending or threatened lawsuits that are reasonably likely to have a material adverse impact on the Variable Account, the ability of
IDI to perform its contract with the Variable Account, or the ability of Protective Life to meet its obligations under the Contracts.
VOTING RIGHTS
In accordance with its view of applicable law, Protective Life will vote
the Fund shares held in the Variable Account at special shareholder meetings of the Funds in accordance with instructions received from
persons having voting interests in the corresponding Sub-Accounts. If, however, the 1940 Act or any regulation thereunder should be amended,
or if the present interpretation thereof should change, or Protective Life determines that it is allowed to vote such shares in its own
right, it may elect to do so.
The number of votes available to an Owner will be calculated separately
for each Sub-Account of the Variable Account, and may include fractional votes. The number of votes attributable to a Sub-Account will
be determined by applying an Owner’s percentage interest, if any, in a particular Sub-Account to the total number of votes
attributable to that Sub-Account. An Owner holds a voting interest in each Sub-Account to which that Owner has allocated Accumulation
Units or Annuity Units. Before the Annuity Date, the Owner’s percentage interest, if any, will be the percentage of the
dollar value of Accumulation Units allocated for his or her Contract to the total dollar value of that Sub-Account. On or after the Annuity
Date, the Owner’s percentage interest, if any, will be the percentage of the dollar value of the liability for future
variable income payments to be paid from the Sub-Account to the total dollar value of that Sub-Account. The liability for future payments
is calculated on the basis of the mortality assumptions, (if any), the Assumed Investment Return and the Annuity Unit Value of that Sub-Account.
Generally, as variable income payments are made to the payee, the liability for future payments decreases as does the number of votes.
The number of votes which are available to the Owner will be determined
as of the date coincident with the date established by the Fund for determining shareholders eligible to vote at the relevant meeting
of that Fund. Voting instructions will be solicited by written communication prior to such meeting in accordance with procedures established
by the Fund.
It is important that each Owner provide voting instructions to Protective
Life because shares as to which no timely instructions are received and shares held by Protective Life in a Sub-Account as to which no
Owner has a beneficial
87
interest will be voted in proportion to the voting instructions which are received with respect
to all Contracts participating in that Sub-Account. As a result, a small number of Owners may control the outcome of a vote. Voting instructions
to abstain on any item to be voted upon will be applied to reduce the votes eligible to be cast on that item.
Protective Life will send or make available to each person having a voting
interest in a Sub-Account proxy materials, reports, and other material relating to the appropriate Fund.
FINANCIAL STATEMENTS
The audited statements of assets and liabilities of the
subaccounts that comprise Protective Variable Annuity Separate Account as of December 31, 2024, and the related statements of operations
for the year or period then ended, and the statements of changes in net assets for each of the years or periods in the two-year period
then ended as well as Report of Independent Registered Public Accounting Firm are incorporated into the Statement of Additional Information
by reference to the Variable Account’s Form N-VPFS , File No. 811-08108, filed with the SEC on April 16, 2025.
The audited statutory statements of admitted assets,
liabilities, and capital and surplus of Protective Life Insurance Company as of December 31, 2024 and 2023, and the related statutory
statements of operations, changes in capital and surplus, and cash flow for each of the years in the three-year period ended December
31, 2024 as well as the Independent Auditors’ Report are incorporated into the Statement of Additional Information by reference
to the Variable Account’s Form
N-VPFS, File No. 811-08108, filed with the SEC on April 7, 2025. Protective Life’s audited statutory financial statements should
be considered only as bearing on its ability to meet its obligations under the Contracts. They should not be considered as bearing on
the investment performance of the assets held in the Variable Account.
88
APPENDIX: INVESTMENT
OPTIONS AVAILABLE UNDER THE CONTRACT
The following is a list of Funds available under the Contract.
More information about the Funds is available in the prospectuses for the Funds, which may be amended from time to time and can be found
online at www.protective.com/eprospectus. You can also request this information at no cost by calling 855-920-9713 or by sending
an email request to [email protected]. Depending on the optional benefits you choose, you may not be able to invest in certain
Funds.
The current expenses and performance information below reflects
fee and expenses of the Funds, but do not reflect the other fees and expenses that your Contract may charge. Expenses would be higher
and performance would be lower if these other charges were included. Each Fund’s past performance is not necessarily an indication
of future performance.
| | |
Asset Allocation Type |
| | |
Portfolio Company
- Investment Adviser; Sub-Adviser(s), as applicable |
| | |
Current Expenses |
| | |
Average Annual Total Returns
(as of 12/31/2024) |
| | |
SecurePay
Income Rider Allocation Investment Category(2) |
| | ||||||||
| |
1 Year |
| | |
5 Year |
| | |
10 Year |
| | |||||||||||||||||
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
-
|
| | |
-
|
| | |
-
|
| | |
1 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
1 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
-
|
| | |
|
| | |
1 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
89
| | |
Asset Allocation Type |
| | |
Portfolio Company
- Investment Adviser; Sub-Adviser(s), as applicable |
| | |
Current Expenses |
| | |
Average Annual Total Returns
(as of 12/31/2024) |
| | |
SecurePay
Income Rider Allocation Investment Category(2) |
| | ||||||||
| |
1 Year |
| | |
5 Year |
| | |
10 Year |
| | |||||||||||||||||
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
1 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
-
|
| | |
|
| | |
1 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
Sector Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
Sector Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
90
| | |
Asset Allocation Type |
| | |
Portfolio Company
- Investment Adviser; Sub-Adviser(s), as applicable |
| | |
Current Expenses |
| | |
Average Annual Total Returns
(as of 12/31/2024) |
| | |
SecurePay
Income Rider Allocation Investment Category(2) |
| | ||||||||
| |
1 Year |
| | |
5 Year |
| | |
10 Year |
| | |||||||||||||||||
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
1 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Sector Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
Sector Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Allocation |
| | |
(1)
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
-
|
| | |
|
| | |
1 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| | |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Allocation |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| | |
| | |
International Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| | |
| | |
Sector Equity |
| | |
|
| | |
|
| | |
-
|
| | |
-
|
| | |
|
| | |
4 |
| |
| | |
Taxable Bond |
| | | | | |
|
| | |
|
| | |
-
|
| | |
|
| | |
1 |
| | |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| | |
91
| | |
Asset Allocation Type |
| | |
Portfolio Company
- Investment Adviser; Sub-Adviser(s), as applicable |
| | |
Current Expenses |
| | |
Average Annual Total Returns
(as of 12/31/2024) |
| | |
SecurePay
Income Rider Allocation Investment Category(2) |
| | ||||||||
| |
1 Year |
| | |
5 Year |
| | |
10 Year |
| | |||||||||||||||||
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| | |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| | |
| | |
Money Market |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
1 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| | |
| | |
Sector Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Taxable Bond |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
1 |
| |
| | |
Allocation |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| | |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| | |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| |
| | |
Foreign Large Blend |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
U.S. Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Global Real Estate |
| | |
|
| | |
|
| | |
-
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Mid-Cap Value |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
| | |
Mid-Cap Growth |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| | |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| | |
| | |
Allocation |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| | |
| | |
Taxable Bond |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| | |
| | |
Taxable Bond |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
1 |
| | |
92
| | |
Asset Allocation Type |
| | |
Portfolio Company
- Investment Adviser; Sub-Adviser(s), as applicable |
| | |
Current Expenses |
| | |
Average Annual Total Returns
(as of 12/31/2024) |
| | |
SecurePay
Income Rider Allocation Investment Category(2) |
| | ||||||||
| |
1 Year |
| | |
5 Year |
| | |
10 Year |
| | |||||||||||||||||
| | |
Taxable Bond |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
1 |
| | |
| | |
Taxable Bond |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
1 |
| | |
| | |
Taxable Bond |
| | | | | |
|
| | |
|
| | |
-
|
| | |
|
| | |
1 |
| | |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| | |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| | |
| | |
Sector Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| | |
| | |
U.S. Equity |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
3 |
| | |
| | |
Allocation |
| | | | | |
|
| | |
|
| | |
|
| | |
|
| | |
2 |
| | |
| | |
International Equity |
| | |
|
| | |
|
| | |
|
| | |
|
| | |
|
| | |
4 |
| |
(1)
These
Funds and their investment advisers have entered into contractual fee waivers or expense reimbursement arrangements. These temporary fee
reductions are reflected in their annual expenses. Those contractual arrangements are designed to reduce total annual Fund operating expenses
for Contract Owners and will continue past the current year.
(2)
If
you have purchased the SecurePay Income rider, you must allocate your Purchase Payments and Contract Value in accordance with the Allocation
Guidelines and Restrictions that we have established. The following table specifies the minimum and maximum percentages of your Contract
Value that must be allocated to each of the four Investment Categories during the accumulation phase in order for you to remain eligible
for benefits under the SecurePay Income rider (unless you are fully invested in a Pre-selected Allocation Option). You can select the
percentage of Contract Value to allocate to individual Funds within each group, but the total investment for all Funds in a group must
comply with the specified minimum and maximum percentages for that group. See “ALLOCATION GUIDELINES AND RESTRICTIONS FOR SECUREPAY
INCOME RIDER” in the Prospectus
|
RIDER ACCUMULATION PHASE |
| |||||||||||||||
| | |
InvestmentCategory |
| | | | |
MinimumAllocation |
| | | | |
MaximumAllocation |
| |
| | | 1 | | | | | | 10% | | | | | | 100% | | |
| | | 2 | | | | | | 0% | | | | | | 90% | | |
| | | 3 | | | | | | 0% | | | | | | 40% | | |
| | | 4 | | | |
Not Permitted |
| |
Not Permitted |
| ||||||
(3)
Not
available to applications signed on or after April 26, 2024. If you did not have Contract Value in, or allocation instructions including
this Fund on that date, you may not allocate Purchase Payments or Contract Value to this Fund. Call Us for more information.
93
APPENDIX: EXAMPLE OF DEATH BENEFIT
CALCULATIONS
The purpose of the following examples is to illustrate
the Contract Value, Return of Purchase Payments, Maximum Anniversary Value, Maximum Quarterly Value, and Maximum Daily Value Death Benefits
when the SecurePay Income rider has been elected and when the SecurePay Income rider has not been elected. Each example is based on hypothetical
Contract Values and transactions and assumes hypothetical positive and negative investment performance of the Variable Account. The examples
are not representative of past or future performance and are not intended to project or predict future investment results. There is, of
course, no assurance that the Variable Account will experience positive investment performance. Actual results may be higher or lower.
Example of Death Benefit Calculation
— Contract Value Death Benefit When Owning the SecurePay Income Rider
Assumptions:
•
Owner is 60 years old on the Issue
Date (1/1/2025)
•
Selected Contract Value Death
Benefit at the time of Contract purchase
•
Purchased the SecurePay Income
Rider
•
Elected Single Life Coverage under
the SecurePay Income Rider
•
Set the Benefit Election Date
on 11/30/2029 and began taking SecurePay Withdrawals
•
Owner passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical
Contract Value |
| |
Benefit Base |
| |
Adjusted
Withdrawal Amount |
| |
Return of Contract Value Death Benefit |
| |||||||||||||||||||||
| |
1/1/25 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (A) | | | | | | N/A | | | | | | 100,000 | | | | | | 100,000 | | | | | | — | | | | | | 100,000 | | |
| |
1/1/26 |
| |
Anniversary |
| | | | 120,000 (B) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | 120,000 | | | | | | — | | | | | | 120,000 | | |
| |
5/15/26 |
| |
Purchase Payment |
| | | | 130,000 | | | | | | 80,000 (C) | | | | | | — | | | | | | 210,000 (D) | | | | | | 210,000 | | | | | | — | | | | | | 210,000 | | |
| |
1/1/27 |
| |
Anniversary |
| | | | 202,000 | | | | | | — | | | | | | — | | | | | | 202,000 | | | | | | 221,550 | | | | | | — | | | | | | 202,000 | | |
| |
4/1/27 |
| |
Withdrawal |
| | | | 208,000 | | | | | | — | | | | | | 25,000 (E) | | | | | | 183,000 (F) | | | | | | 205,642 | | | | | | 25,000 (G) | | | | | | 183,000 (H) | | |
| |
1/1/28 |
| |
Anniversary |
| | | | 190,000 | | | | | | — | | | | | | — | | | | | | 190,000 | | | | | | 216,952 | | | | | | — | | | | | | 190,000 | | |
| |
7/1/28 |
| |
Quarterly Anniversary |
| | | | 195,000 | | | | | | — | | | | | | — | | | | | | 195,000 | | | | | | 216,952 | | | | | | — | | | | | | 195,000 | | |
| |
1/1/29 |
| |
Anniversary |
| | | | 180,000 | | | | | | — | | | | | | — | | | | | | 180,000 | | | | | | 228,885 | | | | | | — | | | | | | 180,000 | | |
| |
11/30/29 |
| |
SecurePay WD |
| | | | 175,000 | | | | | | — | | | | | | 9,155 (I) | | | | | | 165,845 | | | | | | 228,885 | | | | | | 9,155 (J) | | | | | | 165,845 | | |
| |
1/1/30 |
| |
SecurePay WD |
| | | | 165,000 | | | | | | — | | | | | | 9,155 (K) | | | | | | 155,845 | | | | | | 228,885 | | | | | | 9,155 | | | | | | 155,845 | | |
| |
3/31/30 |
| |
Excess Withdrawal |
| | | | 158,000 | | | | | | — | | | | | | 16,000 (L) | | | | | | 142,000 | | | | | | 218,969 | | | | | | 16,000 (L) | | | | | | 142,000 | | |
| |
7/1/30 |
| |
Owner Death |
| | | | 125,000 (M) | | | | | | — | | | | | | — | | | | | | 125,000 | | | | | | 218,969 | | | | | | — | | | | | | 125,000 (N) | | |
(A)
Contract is issued with a Purchase Payment of $100,000.
(B)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
(C)
A Purchase Payment
of $80,000 is made on 5/15/2026 (no Purchase Payments are allowed more than two years after the rider issue date or election date,
whichever comes first).
(D)
$210,000 = $130,000 + $80,000.
(E)
A withdrawal
of $25,000 (including applicable surrender charges) is made. This withdrawal is made before the SecurePay rider’s Benefit
Election Date.
(F)
$183,000 = $208,000 – $25,000.
(G)
The “Adjusted Withdrawal Amount” is used to adjust the Death Benefit for withdrawals. The
adjustment for each
94
withdrawal is the amount that reduces the death benefit at the time of withdrawal
in the same proportion that the amount withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the
time of withdrawal is $208,000 (equal to the Contract Value), the adjusted withdrawal amount is $25,000 is equal to $25,000 / $208,000
x $208,000.
(H)
The
Return of Contract Value Death Benefit is equal to Contract Value.
(I)
The SecurePay Benefit Election Date
is set on 11/30/2029, and the first SecurePay Withdrawal of $9,155 is taken.
(J)
The Adjusted Withdrawal Amount is
$9,155. Assuming the death benefit at the time of withdrawal is $175,000 (equal to the Contract Value), the adjusted withdrawal amount
is $9,155 is equal to $9,155 / $175,000 x $175,000.
(K)
A withdrawal of $9,155 is
made on 1/1/2030. This amount is equal to the Annual Withdrawal Amount for this Contract Year. Since the Maximum Withdrawal Percentage
is 4.00%, we have $9,155 = $228,885 x 4.00%. The Adjusted Withdrawal Amount is $9,155. Assuming the death benefit at the time of withdrawal
is $175,000 (equal to the Contract Value), the adjusted withdrawal amount is $9,155 is equal to $9,155 / $175,000 x $175,000.
(L)
An
Excess Withdrawal under the SecurePay rider of $16,000 is made on 3/31/2030.
(M)
The Adjusted Withdrawal Amount is
$16,000. Assuming the death benefit at the time of withdrawal is $158,000 (equal to the Contract Value), the adjusted withdrawal amount
is $16,000 is equal to $16,000 / $158,000 x $158,000.
(N)
The Owner dies on 7/1/2030 and the
Contract Value at that time has declined to $125,000. The Contract Value Death Benefit paid to the beneficiary is $125,000.
95
Example of Death Benefit Calculation — Return
of Purchase Payments Death Benefit When Owning the SecurePay Income Rider
Assumptions:
•
Owner is 60 years old on
the Issue Date (1/1/2025)
•
Selected Return of Purchase Payments
Death Benefit at the time of Contract purchase
•
Purchased the SecurePay Income
Rider
•
Elected Single Life Coverage under
the SecurePay Income Rider
•
Set the Benefit Election Date
on 11/30/2029 and began taking SecurePay Withdrawals
•
Owner passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical
Contract Value |
| |
Benefit Base |
| |
Adjusted
Withdrawal Amount |
| |
Return of Purchase Payments Death Benefit |
| |||||||||||||||||||||
| |
1/1/25 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (A) | | | | | | N/A | | | | | | 100,000 | | | | | | 100,000 | | | | | | — | | | | | | 100,000 | | |
| |
1/1/26 |
| |
Anniversary |
| | | | 120,000 (B) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | 120,000 | | | | | | — | | | | | | 120,000 | | |
| |
5/15/26 |
| |
Purchase Payment |
| | | | 130,000 | | | | | | 80,000 (C) | | | | | | — | | | | | | 210,000 (D) | | | | | | 210,000 | | | | | | — | | | | | | 210,000 | | |
| |
1/1/27 |
| |
Anniversary |
| | | | 202,000 | | | | | | — | | | | | | — | | | | | | 202,000 | | | | | | 221,550 | | | | | | — | | | | | | 202,000 | | |
| |
4/1/27 |
| |
Withdrawal |
| | | | 208,000 | | | | | | — | | | | | | 25,000 (E) | | | | | | 183,000 (F) | | | | | | 205,642 | | | | | | 21,635 (G) | | | | | | 183,000 (H) | | |
| |
1/1/28 |
| |
Anniversary |
| | | | 190,000 | | | | | | — | | | | | | — | | | | | | 190,000 | | | | | | 216,952 | | | | | | — | | | | | | 190,000 | | |
| |
7/1/28 |
| |
Quarterly Anniversary |
| | | | 195,000 | | | | | | — | | | | | | — | | | | | | 195,000 | | | | | | 216,952 | | | | | | — | | | | | | 195,000 | | |
| |
1/1/29 |
| |
Anniversary |
| | | | 180,000 | | | | | | — | | | | | | — | | | | | | 180,000 | | | | | | 228,885 | | | | | | — | | | | | | 180,000 | | |
| |
11/30/29 |
| |
SecurePay WD |
| | | | 175,000 | | | | | | — | | | | | | 11,788 (I) | | | | | | 163,212 | | | | | | 228,885 | | | | | | 11,788 (J) | | | | | | 163,212 (K) | | |
| |
1/1/30 |
| |
SecurePay WD |
| | | | 165,000 | | | | | | — | | | | | | 11,788 (L) | | | | | | 153,212 | | | | | | 228,885 | | | | | | 11,788 | | | | | | 153,212 | | |
| |
3/31/30 |
| |
Excess Withdrawal |
| | | | 158,000 | | | | | | — | | | | | | 16,000 (M) | | | | | | 142,000 | | | | | | 222,782 | | | | | | 14,843 (N) | | | | | | 142,000 (O) | | |
| |
7/1/30 |
| |
Owner Death |
| | | | 125,000 (P) | | | | | | — | | | | | | — | | | | | | 125,000 | | | | | | 222,782 | | | | | | — | | | | | | 125,000 (Q) | | |
(A)
Contract is issued with a Purchase Payment of $100,000.
(B)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
(C)
A Purchase
Payment of $80,000 is made on 5/15/2026 (no purchase payments are allowed more than two years after the rider issue date or election
date, whichever comes first).
(D)
$210,000 = $130,000 + $80,000.
(E)
A withdrawal
of $25,000 (including applicable surrender charges) is made. This withdrawal is made before the SecurePay rider’s Benefit
Election Date.
(F)
$183,000 = $208,000 – $25,000.
(G)
The “Adjusted
Withdrawal Amount” is used to adjust the Return of Purchase Payments Death Benefit for withdrawals. The adjustment for each withdrawal
before the Benefit Election Date is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the
amount withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $180,000,
the adjusted withdrawal amount is $21,635 is equal to $25,000 / $208,000 x $180,000.
(H)
The Return
of Purchase Payments Death Benefit is greater of Contract Value or aggregate Purchase Payments less an adjustment for each withdrawal
amount. The Return of Purchase Payments Death Benefit is $183,000. The Return of Purchase Payments Death Benefit of $183,000 is
equal to the greater of $183,000 or $158,365 ($100,000 + $80,000 – $21,635), respectively.
(I)
The SecurePay
Benefit Election Date is set on 11/30/2029, and the first SecurePay Withdrawal of $11,788 is taken.
(J)
For SecurePay
withdrawals the death benefit is adjusted dollar for dollar, so the Adjusted Withdrawal Amount is $11,788.
96
(K)
The Return of Purchase Payments Death Benefit is greater of Contract
Value or aggregate Purchase Payments less an adjustment for each withdrawal amount. $163,212 is equal to the greater of $163,212
or $146,578 ($100,000 + $80,000 – $21,635 – $11,788) respectively.
(L)
A withdrawal of $11,788
is made on 1/1/2030. This amount is equal to the Annual Withdrawal Amount for this Contract Year. Since the Maximum Withdrawal Percentage
is 5.15%, we have $11,788 = $228,885 x 5.15%.
(M)
An
Excess Withdrawal under the SecurePay rider of $16,000 is made on 3/31/2030.
(N)
The adjustment for each Excess Withdrawal
under the SecurePay rider is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount
withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $146,578, the
adjusted withdrawal amount is $14,843 = $16,000 / $158,000 x $146,578.
(O)
The Return of Purchase Payments
Death Benefit is greater of Contract Value or aggregate Purchase Payments less an adjustment for each withdrawal amount. The Return of
Purchase Payments Death Benefit is $142,000. The Return of Purchase Payments Death Benefit of $142,000 is equal to the greater
of $142,000 or $119,947 ($100,000 + $80,000 – $21,635 – $11,788 – $11,788 – $14,843) respectively.
(P)
The
Owner dies on 7/1/2030 and the Contract Value at that time has declined to $125,000.
(Q)
The actual Return of Purchase Payments
Death Benefit is greater of Contract Value or aggregate Purchase Payments less an adjustment for each withdrawal amount. The Return of
Purchase Payments Death Benefit is $125,000. The Return of Purchase Payments Death Benefit of $125,000 is equal to the greater
of $125,000 or $119,947 ($100,000 + $80,000 – $21,635 – $11,788 – $11,788 – $14,843), respectively.
97
Example of Death Benefit Calculation — Maximum
Anniversary Value Death Benefit When Owning the SecurePay Income Rider
The Maximum Anniversary Value Death Benefit is equal to the greatest of
(1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal (including any withdrawal made under
the SecurePay Income rider); or (3) the greatest anniversary value attained prior to the older Owner’s 83rd birthday; provided,
however, that the Maximum Anniversary Value Death Benefit will never be more than the Contract Value plus $1,000,000.
The anniversary value is calculated for each Contract Anniversary at the
time of the older Owner’s 83rd birthday or the deceased Owner’s date of death, whichever comes first. The anniversary value
is equal to the sum of:
•
the Contract Value on that Contract
Anniversary; plus
•
all Purchase Payments made
after the date of that Contract Anniversary until the date on which we calculate the anniversary value; minus
•
an adjustment for each withdrawal
(including any withdrawals made under the SecurePay Income rider) made after the date of that Contract Anniversary until the date on which
we calculate the anniversary value.
Assumptions:
•
Owner is 60 years old on
the Issue Date (1/1/2025)
•
Purchased Maximum Anniversary
Value Death Benefit at the time of Contract purchase
•
Purchased the SecurePay Income
Rider
•
Elected Single Life Coverage
under the SecurePay Income Rider
•
Set the Benefit Election Date
on 11/30/2029 and began taking SecurePay Withdrawals
•
Owner passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical
Contract Value |
| |
Benefit Base |
| |
Adjusted
Withdrawal Amount |
| |
Anniversary
Value (A) |
| |
Maximum Anniversary Value Death Benefit |
| ||||||||||||||||||||||||
| |
1/1/25 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (B) | | | | | | N/A | | | | | | 100,000 | | | | | | 100,000 | | | | | | — | | | | | | 100,000 | | | | | | — | | |
| |
1/1/26 |
| |
Anniversary |
| | | | 120,000 (C) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | 120,000 | | | | | | — | | | | | | 133,825 | | | | | | — | | |
| |
5/15/26 |
| |
Purchase Payment |
| | | | 130,000 | | | | | | 80,000 (D) | | | | | | — | | | | | | 210,000 (E) | | | | | | 210,000 | | | | | | — | | | | | | — | | | | | | — | | |
| |
1/1/27 |
| |
Anniversary |
| | | | 202,000 | | | | | | — | | | | | | — | | | | | | 202,000 | | | | | | 221,550 | | | | | | — | | | | | | 135,825 | | | | | | — | | |
| |
4/1/27 |
| |
Withdrawal |
| | | | 208,000 | | | | | | — | | | | | | 25,000 (F) | | | | | | 183,000 (G) | | | | | | 205,642 | | | | | | 25,240 (H) | | | | | | — | | | | | | — | | |
| |
1/1/28 |
| |
Anniversary |
| | | | 190,000 | | | | | | — | | | | | | — | | | | | | 190,000 | | | | | | 216,952 | | | | | | — | | | | | | 149,065 (I) | | | | | | — | | |
| |
7/1/28 |
| |
Quarterly Anniversary |
| | | | 195,000 | | | | | | — | | | | | | — | | | | | | 195,000 | | | | | | 216,952 | | | | | | — | | | | | | — | | | | | | — | | |
| |
1/1/29 |
| |
Anniversary |
| | | | 180,000 | | | | | | — | | | | | | — | | | | | | 180,000 | | | | | | 228,885 | | | | | | — | | | | | | 139,065 | | | | | | — | | |
| |
11/30/29 |
| |
SecurePay WD |
| | | | 175,000 | | | | | | — | | | | | | 11,788 (J) | | | | | | 163,212 | | | | | | 228,885 | | | | | | 11,788 (K) | | | | | | 134,065 (L) | | | | | | — | | |
| |
1/1/30 |
| |
SecurePay WD |
| | | | 165,000 | | | | | | — | | | | | | 11,788 (M) | | | | | | 153,212 | | | | | | 228,885 | | | | | | 11,788 | | | | | | 135,853 | | | | | | — | | |
| |
3/31/30 |
| |
Excess Withdrawal |
| | | | 158,000 | | | | | | — | | | | | | 16,000 (N) | | | | | | 142,000 | | | | | | 222,782 | | | | | | 17,359 (O) | | | | | | — | | | | | | — | | |
| |
7/1/30 |
| |
Owner Death |
| | | | 125,000 (P) | | | | | | — | | | | | | — | | | | | | 125,000 | | | | | | 222,782 | | | | | | — | | | | | | — | | | | | | 149,065 (Q) | | |
(A)
The Anniversary
Values have been calculated based on the date of death of the owner occurring on 7/1/2030. If an alternative date of death was assumed,
the anniversary values may differ. For example, if the Owner passed away on 12/31/27, the Anniversary Value for 1/1/26 would be $174,760
(the $120,000 Contract Value on that Contract Anniversary plus the $80,000 Purchase Payment on 5/15/26 minus the $25,240 adjusted withdrawal
amount on 4/1/27).
(B)
Contract is issued with a Purchase Payment of $100,000.
(C)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
98
(D)
A Purchase Payment of $80,000 is made on 5/15/2026 (no Purchase
Payments are allowed more than two years after the rider issue date or election date, whichever comes first).
(E)
$210,000
= $130,000 + $80,000.
(F)
A withdrawal of $25,000
(including applicable surrender charges) is made. This withdrawal is made before the SecurePay rider’s Benefit Election Date.
(G)
$183,000
= $208,000 - $25,000.
(H)
The “Adjusted Withdrawal
Amount” is used to adjust the Maximum Anniversary Value Death Benefit for withdrawals. The adjustment for each withdrawal before
the Benefit Election Date is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount
withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $210,000, the
adjusted withdrawal amount is $25,240. The adjusted withdrawal amount of $25,240 is equal to $25,000 / $208,000 x $210,000.
(I)
Each Anniversary Value equals the
Contract Value on the contract anniversary plus all Purchase Payments since that Contract Anniversary minus an adjustment for each withdrawal
since that Contract Anniversary. The Anniversary Value is $149,065. The Anniversary Value of $149,065 is equal to $190,000 –
$11,788 – $11,788 – $17,359. Also, this value is the greatest anniversary value for the Maximum Anniversary Value calculation.
(J)
The SecurePay Benefit Election Date
is set on 11/30/2029, and the first SecurePay Withdrawal of $11,788 is taken.
(K)
For SecurePay withdrawals the death
benefit is adjusted dollar for dollar, so the Adjusted Withdrawal Amount is $11,788.
(L)
Each Anniversary Value equals the
Contract Value on the contract anniversary plus all Purchase Payments since that Contract Anniversary minus an adjustment for each withdrawal
since that Contract Anniversary. The Anniversary Value is $134,065. The Anniversary Value of $134,065 is equal to $175,000 –
$11,788 – $11,788 – $17,359.
(M)
A withdrawal of $11,788
is made on 1/1/2030. This amount is equal to the Annual Withdrawal Amount for this Contract Year. For this example assume the Maximum
Withdrawal Percentage is 5.15%. $11,788 = $228,885 x 5.15%.
(N)
An
Excess Withdrawal under the SecurePay rider of $16,000 is made on 3/31/2030.
(O)
The adjustment for each Excess Withdrawal
under the SecurePay rider is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount
withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $171,425, the
adjusted withdrawal amount is $17,359. The adjusted withdrawal amount of $17,359 is equal to $16,000 / $158,000 x $171,425.
(P)
The
Owner dies on 7/1/2030 and the Contract Value at that time has declined to $125,000.
(Q)
The Maximum Anniversary Value Death
Benefit is equal to the greatest of (1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal,
or (3) the greatest anniversary value attained. The Maximum Anniversary Value Death Benefit is $149,065. The Maximum Anniversary Value
Death Benefit of $149,065 is equal to the greatest of $125,000 or $113,825 ($100,000 + $80,000 – $25,240 –
$11,788 – $11,788 – $17,359) or $149,065, respectively.
99
Example of Death Benefit Calculation — Maximum
Quarterly Value Death Benefit When Owning the SecurePay Income Rider
The Maximum Quarterly Value Death Benefit is equal to the greatest of
(1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal (including any withdrawal made under
the SecurePay Income rider); or (3) the greatest Quarterly Anniversary value attained prior to the older Owner’s 83rd birthday;
provided, however, that the Maximum Quarterly Value Death Benefit will never be more than the
Contract Value plus $1,000,000.
The Quarterly Anniversary Value is calculated for each Quarterly Anniversary
at the time of the older Owner’s 83rd birthday or the deceased Owner’s date of death, whichever occurs first. The Quarterly
Anniversary Value is equal to the sum of:
•
the Contract Value on that Quarterly
Anniversary; plus
•
all Purchase Payments made
after the date of that Quarterly Anniversary until the date on which we calculate the Quarterly Anniversary Value; minus
•
an adjustment for each withdrawal
(including any withdrawal made under the SecurePay Income rider) made after the date of that Quarterly Anniversary until the date on which
we calculate the Quarterly Anniversary Value.
Assumptions:
•
Owner is 60 years old on
the Issue Date (1/1/2025)
•
Purchased Maximum Quarterly Value
Death Benefit at the time of Contract purchase
•
Purchased the SecurePay Income
Rider
•
Elected Single Life Coverage
under the SecurePay Income Rider
•
Set the Benefit Election Date
on 11/30/2029 and began taking SecurePay Withdrawals
•
Owner passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical
Contract Value |
| |
Benefit Base |
| |
Adjusted
Withdrawal Amount |
| |
Quarterly
Anniversary Value (A) |
| |
Maximum Quarterly Value Death Benefit |
| ||||||||||||||||||||||||
| |
1/1/25 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (B) | | | | | | N/A | | | | | | 100,000 | | | | | | 100,000 | | | | | | — | | | | | | 100,000 | | | | | | — | | |
| |
1/1/26 |
| |
Anniversary |
| | | | 120,000 (C) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | 120,000 | | | | | | — | | | | | | 133,825 | | | | | | — | | |
| |
5/15/26 |
| |
Purchase Payment |
| | | | 130,000 | | | | | | 80,000 (D) | | | | | | — | | | | | | 210,000 (E) | | | | | | 210,000 | | | | | | — | | | | | | — | | | | | | — | | |
| |
1/1/27 |
| |
Anniversary |
| | | | 202,000 | | | | | | — | | | | | | — | | | | | | 202,000 | | | | | | 221,550 | | | | | | — | | | | | | 135,825 | | | | | | — | | |
| |
4/1/27 |
| |
Withdrawal |
| | | | 208,000 | | | | | | — | | | | | | 25,000 (F) | | | | | | 183,000 (G) | | | | | | 205,642 | | | | | | 25,240 (H) | | | | | | 141,825 | | | | | | — | | |
| |
1/1/28 |
| |
Anniversary |
| | | | 190,000 | | | | | | — | | | | | | — | | | | | | 190,000 | | | | | | 216,952 | | | | | | — | | | | | | 149,065 | | | | | | — | | |
| |
7/1/28 |
| |
Quarterly Anniversary |
| | | | 195,000 | | | | | | — | | | | | | — | | | | | | 195,000 | | | | | | 216,952 | | | | | | — | | | | | | 154,065 (I) | | | | | | — | | |
| |
1/1/29 |
| |
Anniversary |
| | | | 180,000 | | | | | | — | | | | | | — | | | | | | 180,000 | | | | | | 228,885 | | | | | | — | | | | | | 139,065 | | | | | | — | | |
| |
11/30/29 |
| |
SecurePay WD |
| | | | 175,000 | | | | | | — | | | | | | 11,788 (J) | | | | | | 163,212 | | | | | | 228,885 | | | | | | 11,788 (K) | | | | | | 134,065 (L) | | | | | | — | | |
| |
1/1/30 |
| |
SecurePay WD |
| | | | 165,000 | | | | | | — | | | | | | 11,788 (M) | | | | | | 153,212 | | | | | | 228,885 | | | | | | 11,788 | | | | | | 135,853 | | | | | | — | | |
| |
3/31/30 |
| |
Excess Withdrawal |
| | | | 158,000 | | | | | | — | | | | | | 16,000 (N) | | | | | | 142,000 | | | | | | 222,782 | | | | | | 17,359 (O) | | | | | | — | | | | | | — | | |
| |
7/1/30 |
| |
Owner Death |
| | | | 125,000 (P) | | | | | | — | | | | | | — | | | | | | 125,000 | | | | | | 222,782 | | | | | | — | | | | | | — | | | | | | 154,065 (Q) | | |
(A)
The Quarterly
Anniversary Values have been calculated based on the date of death of the owner occurring on 7/1/2030. If an alternative date
of death was assumed, the Quarterly Anniversary Values may differ. For example, if the Owner passed away on 12/31/27, the Quarterly Anniversary
Value for 1/1/26 would be $174,760 (the $120,000 Contract Value on that Quarterly Anniversary plus the $80,000 Purchase Payment on 5/15/26
minus the $25,240 adjusted withdrawal amount on 4/1/27).
(B)
Contract is issued with a Purchase Payment of $100,000.
(C)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
100
(D)
A Purchase Payment of $80,000 is made on 5/15/2026 (no Purchase
Payments are allowed more than two years after the rider issue date or election date, whichever comes first).
(E)
$210,000
= $130,000 + $80,000.
(F)
A withdrawal of $25,000
(including applicable surrender charges) is made. This withdrawal is made before the SecurePay rider’s Benefit Election Date.
(G)
$183,000
= $208,000 – $25,000.
(H)
The “Adjusted Withdrawal
Amount” is used to adjust the Maximum Quarterly Value Death Benefit for withdrawals. The adjustment for each withdrawal before
the Benefit Election Date is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount
withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $210,000, the
adjusted withdrawal amount is $25,240. The adjusted withdrawal amount of $25,240 is equal to $25,000 / $208,000 x $210,000.
(I)
Each Quarterly Anniversary Value
equals the Contract Value on the anniversary plus all Purchase Payments since that anniversary minus an adjustment for each withdrawal
since that anniversary. The Quarterly Anniversary Value is $154,065. The Quarterly Anniversary Value of $154,065 is equal to $195,000
– $11,788 – $11,788 – $17,359. Also, this value is the greatest anniversary value for the Maximum Quarterly Value
calculation.
(J)
The SecurePay Benefit Election Date
is set on 11/30/2029, and the first SecurePay Withdrawal of $11,788 is taken.
(K)
For SecurePay withdrawals the death
benefit is adjusted dollar for dollar, so the Adjusted Withdrawal Amount is $11,788.
(L)
Each Quarterly Anniversary Value
equals the Contract Value on the anniversary plus all Purchase Payments since that anniversary minus an adjustment for each withdrawal
since that anniversary. The Quarterly Anniversary Value is $134,065. The Quarterly Anniversary Value of $134,065 is equal to $175,000
– $11,788 – $11,788 – $17,359.
(M)
A withdrawal of $11,788
is made on 1/1/2030. This amount is equal to the Annual Withdrawal Amount for this Contract Year. For this example assume the Maximum
Withdrawal Percentage is 5.15%. $11,788 = $228,885 x 5.15%.
(N)
An
Excess Withdrawal under the SecurePay rider of $16,000 is made on 3/31/2030.
(O)
The adjustment for each Excess Withdrawal
under the SecurePay rider is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount
withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $171,425, the
adjusted withdrawal amount is $17,359. The adjusted withdrawal amount of $17,359 is equal to $16,000 / $158,000 x $171,425.
(P)
The
Owner dies on 7/1/2030 and the Contract Value at that time has declined to $125,000.
(Q)
The Maximum Quarterly Value Death
Benefit is equal to the greatest of (1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal,
or (3) the greatest anniversary value attained. The Maximum Quarterly Value Death Benefit is $154,065. The Maximum Quarterly Value Death
Benefit of $154,065 is equal to the greatest of $125,000 or $113,825 ($100,000 + $80,000 – $25,240 – $11,788
– $11,788 – $17,359) or $154,065, respectively.
101
Example of Death
Benefit Calculation – Maximum Daily Value Death Benefit When Owning the SecurePay Income Rider
Assumptions:
?
•
Owner
is 60 years old on the Issue Date (1/1/2025)
?
•
Purchased
Maximum Daily Value Death Benefit at the time of Contract purchase
?
•
Purchased
the SecurePay Income Rider
?
•
Elected
Single Life Coverage under the SecurePay Income Rider
?
•
Set
the Benefit Election Date on 11/30/2029 and began taking SecurePay Withdrawals
?
•
Owner
passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical Contract Value |
| |
Benefit Base |
| |
Adjusted Withdrawal Amount |
| |
Highest Daily Contract Value Since Last Anniversary |
| |
Maximum
Daily Value Adjusted for Future Transactions (A) |
| |
Maximum Daily Value Death Benefit |
| |||||||||||||||||||||||||||
| |
1/1/2025 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (B) | | | | | | N/A | | | | | | 100,000 | | | | | | 100,000 | | | | | | — | | | | | | | | | | | | 100,000 | | | | | | — | | |
| |
1/1/2026 |
| |
Anniversary |
| | | | 120,000 (C) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | 120,000 | | | | | | — | | | | | | 136,500 (D) | | | | | | 155,909 (E) | | | | | | — | | |
| |
5/15/2026 |
| |
Purchase Payment |
| | | | 130,000 | | | | | | 80,000 (F) | | | | | | — | | | | | | 210,000 (G) | | | | | | 210,000 | | | | | | — | | | | | | 136,500 | | | | | | 155,909 | | | | | | — | | |
| |
1/1/2027 |
| |
Anniversary |
| | | | 202,000 | | | | | | — | | | | | | — | | | | | | 202,000 | | | | | | 221,550 | | | | | | — | | | | | | 203,000 | | | | | | 142,409 | | | | | | — | | |
| |
4/1/2027 |
| |
Withdrawal |
| | | | 208,000 | | | | | | — | | | | | | 25,000 (H) | | | | | | 183,000 (I) | | | | | | 205,642 | | | | | | 21,635 (J) | | | | | | 208,000 | | | | | | 147,409 | | | | | | — | | |
| |
1/1/2028 |
| |
Anniversary |
| | | | 190,000 | | | | | | — | | | | | | — | | | | | | 190,000 | | | | | | 216,952 | | | | | | — | | | | | | 200,500 | | | | | | 161,544 | | | | | | — | | |
| |
7/1/2028 |
| |
Daily Value |
| | | | 211,000 | | | | | | — | | | | | | — | | | | | | 211,000 | | | | | | 216,952 | | | | | | — | | | | | | 211,000 | | | | | | 172,044 (K) | | | | | | — | | |
| |
1/1/2029 |
| |
Anniversary |
| | | | 180,000 | | | | | | — | | | | | | — | | | | | | 180,000 | | | | | | 228,885 | | | | | | — | | | | | | 205,000 | | | | | | 166,044 | | | | | | — | | |
| |
11/30/2029 |
| |
SecurePay WD |
| | | | 175,000 | | | | | | — | | | | | | 11,788 (L) | | | | | | 163,212 | | | | | | 228,885 | | | | | | 11,788 (M) | | | | | | 175,000 | | | | | | 136,044 (N) | | | | | | — | | |
| |
1/1/2030 |
| |
SecurePay WD |
| | | | 165,000 | | | | | | | | | | | | 11,788 (O) | | | | | | 153,212 | | | | | | 228,885 | | | | | | 11,788 | | | | | | 165,000 | | | | | | 137,831 | | | | | | — | | |
| |
3/31/2030 |
| |
Excess Withdrawal |
| | | | 158,000 | | | | | | — | | | | | | 16,000 (P) | | | | | | 142,000 | | | | | | 222,782 | | | | | | 15,381 (Q) | | | | | | 158,000 | | | | | | 142,619 | | | | | | — | | |
| |
7/1/2030 |
| |
Owner Death |
| | | | 125,000 (R) | | | | | | — | | | | | | — | | | | | | 125,000 | | | | | | 222,782 | | | | | | — | | | | | | — | | | | | | — | | | | | | 172,044 (S) | | |
?
(A)
For
purposes of the example, the Maximum Daily Values have been retrospectively calculated from the date of death of 7/1/2030. If an alternative
date of death was assumed, the Maximum Daily Values may differ.
?
(B)
Contract is issued with a Purchase Payment of $100,000.
?
(C)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
?
(D)
Contract
value on 1/1/2026 is $120,000 and contract value on 1/1/2025 was $100,000. The highest daily contract value in between these two points
is $136,500, which is used in the Maximum Daily Value Death Benefit calculation.
?
(E)
The
highwatermark is $155,909 which becomes the daily value even though on the anniversary, the Contract Value was $120,000. The $155,909
equals $136,500 adjusted for transactions that happened between 5/15/2026 and the death of the owner.
?
(F)
A
Purchase Payment of $80,000 is made on 5/15/2026 (no purchase payments are allowed more than two years after the rider issue date
or election date, whichever comes first).
?
(G)
$210,000 = $130,000 + $80,000.
?
(H)
A
withdrawal of $25,000 (including applicable surrender charges) is made. This withdrawal is made before the SecurePay rider’s
Benefit Election Date.
?
(I)
$183,000 = $208,000 - $25,000.
?
(J)
The
“Adjusted Withdrawal Amount” is used to adjust the Maximum Daily Value Death Benefit for withdrawals. The adjustment for
each withdrawal before the Benefit Election Date is the amount that reduces the death benefit at the time of withdrawal in the same proportion
that the amount withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is
$180,000, the adjusted withdrawal amount is $21,635 is equal to $25,000 / $208,000 x $180,000.
?
(K)
Each
Maximum Daily Value equals the Contract Value on the anniversary plus all Purchase Payments since that anniversary minus an adjustment
for each withdrawal since that anniversary. The Maximum Daily Value is $172,044. The Maximum Daily Value of $172,044 is equal
to $211,000 + $0 - $11,788 - $11,788 - $15,381. Also, this value is the greatest anniversary value for the Maximum Daily Value calculation.
102
?
(L)
The SecurePay Benefit Election Date is set on
11/30/2029, and the first SecurePay Withdrawal of $11,788 is taken.
?
(M)
For SecurePay
withdrawals the death benefit is adjusted dollar for dollar, so the Adjusted Withdrawal Amount is $11,788.
?
(N)
Each Maximum
Daily Value equals the Contract Value on the anniversary plus all Purchase Payments since that anniversary minus an adjustment for each
withdrawal since that anniversary. The Maximum Daily Value is $136,044. The Maximum Daily Value of $136,044 is equal to $175,000
- $11,788- $11,788 - $15,381.
?
(O)
A withdrawal
of $11,788 is made on 1/1/2030. This amount is equal to the Annual Withdrawal Amount for this Contract Year. For this example
assume the Maximum Withdrawal Percentage is 5.15%. $11,788 = $228,885 x 5.15%.
?
(P)
An Excess Withdrawal under the SecurePay rider of $16,000 is made on 3/31/2030.
?
(Q)
The adjustment
for each Excess Withdrawal under the SecurePay rider is the amount that reduces the death benefit at the time of withdrawal in the same
proportion that the amount withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal
is $134,790, the adjusted withdrawal amount is $15,381. The adjusted withdrawal amount of $15,381 is equal to $11,788 + $4,212
/ $158,000 x $134,790.
?
(R)
The Owner dies on 7/1/2030 and the Contract Value at that time has declined to $125,000.
?
(S)
The Maximum
Daily Value Death Benefit is equal to the greatest of (1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment
for each withdrawal, or (3) the greatest anniversary value attained. The Maximum Daily Value Death Benefit is $172,044. The Maximum Daily
Value Death Benefit of $172,044 is equal to the greatest of $125,000 or $119,409 ($100,000 + $80,000 - $21,635- $11,788
- $11,788 - $15,381) or $172,044, respectively.
103
Example of Death Benefit Calculation — Return of
Contract Value Death Benefit Without a SecurePay rider
Assumptions:
•
Owner is 60 years old on the Issue
Date (1/1/2025)
•
Selected Return of Contract Value
Death Benefit at the time of Contract purchase
•
Owner passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical
Contract Value |
| |
Adjusted
Withdrawal Amount |
| |
Return of Contract Value Death Benefit |
| ||||||||||||||||||
| |
1/1/25 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (A) | | | | | | N/A | | | | | | 100,000 | | | | | | — | | | | | | 100,000 | | |
| |
1/1/26 |
| |
Anniversary |
| | | | 120,000 (B) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | — | | | | | | 120,000 | | |
| |
1/1/27 |
| |
Anniversary |
| | | | 130,000 | | | | | | — | | | | | | — | | | | | | 130,000 | | | | | | — | | | | | | 130,000 | | |
| |
4/1/27 |
| |
Withdrawal |
| | | | 125,000 | | | | | | — | | | | | | 25,000 (C) | | | | | | 100,000 (D) | | | | | | 25,000 (E) | | | | | | 100,000 (F) | | |
| |
7/1/28 |
| |
Quarterly Anniversary |
| | | | 105,000 | | | | | | — | | | | | | — | | | | | | 105,000 | | | | | | — | | | | | | 105,000 | | |
| |
1/1/29 |
| |
Anniversary |
| | | | 103,000 | | | | | | — | | | | | | — | | | | | | 103,000 | | | | | | — | | | | | | 103,000 | | |
| |
10/1/29 |
| |
Purchase Payment |
| | | | 85,000 | | | | | | 80,000 (G) | | | | | | — | | | | | | 165,000 | | | | | | — | | | | | | 165,000 | | |
| |
11/30/29 |
| |
Withdrawal |
| | | | 155,000 | | | | | | — | | | | | | 5,500 (H) | | | | | | 149,500 | | | | | | 5,500 (I) | | | | | | 149,500 | | |
| |
1/1/30 |
| |
Anniversary |
| | | | 152,000 | | | | | | — | | | | | | — | | | | | | 152,000 | | | | | | — | | | | | | 152,000 | | |
| |
3/31/30 |
| |
Withdrawal |
| | | | 160,000 | | | | | | — | | | | | | 16,000 (J) | | | | | | 144,000 | | | | | | 16,000 (J) | | | | | | 144,000 | | |
| |
7/1/30 |
| |
Owner Death |
| | | | 135,000 (K) | | | | | | — | | | | | | — | | | | | | 135,000 | | | | | | — | | | | | | 135,000 (K) | | |
(A)
Contract is issued with a Purchase Payment of $100,000.
(B)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
(C)
A withdrawal of $25,000 (including applicable surrender charges) is made.
(D)
$100,000 = $125,000 – $25,000.
(E)
The “Adjusted
Withdrawal Amount” is used to adjust the Return of Purchase Payments Death Benefit for withdrawals. The adjustment for each withdrawal
is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount withdrawn (including surrender
charges), reduces Contract Value. Assuming the death benefit at the time of withdrawal is $125,000 (equal to the Contract Value), the
adjusted withdrawal amount is $25,000 is equal to $25,000 / $125,000 x $125,000.
(F)
The Return of Contract Value Death Benefit is equal to the Contract Value, $100,000.
(G)
A Purchase Payment of $80,000 is made on 10/1/2029.
(H)
A withdrawal of $5,500 (including applicable surrender charges) is made on 11/30/2029.
(I)
Assuming the death
benefit at the time of withdrawal is $155,000 (equal to the Contract Value), the adjusted withdrawal amount is $5,500 is equal to $5,500
/ $155,000 x $155,000.
(J)
A withdrawal of
$16,000 (including applicable surrender charges) is made on 3/31/2030. Assuming the death benefit at the time of withdrawal is $160,000
(equal to the Contract Value), the adjusted withdrawal amount is $16,000 is equal to $16,000 / $160,000 x $160,000.
(K)
The Owner dies
on 7/1/2030 and the Contract Value at that time has declined to $135,000. The Contract Value Death Benefit paid to the beneficiary is
$135,000.
104
Example of Death Benefit Calculation — Return
of Purchase Payments Death Benefit Without the SecurePay Income Rider
Assumptions:
•
Owner is 60 years old on
the Issue Date (1/1/2025)
•
Selected Return of Purchase Payments
Death Benefit at the time of Contract purchase
•
Owner passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical
Contract Value |
| |
Adjusted
Withdrawal Amount |
| |
Return of Purchase Payments Death Benefit |
| ||||||||||||||||||
| |
1/1/25 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (A) | | | | | | N/A | | | | | | 100,000 | | | | | | — | | | | | | 100,000 | | |
| |
1/1/26 |
| |
Anniversary |
| | | | 120,000 (B) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | — | | | | | | 120,000 | | |
| |
1/1/27 |
| |
Anniversary |
| | | | 130,000 | | | | | | — | | | | | | — | | | | | | 130,000 | | | | | | — | | | | | | 130,000 | | |
| |
4/1/27 |
| |
Withdrawal |
| | | | 125,000 | | | | | | — | | | | | | 25,000 (C) | | | | | | 100,000 (D) | | | | | | 26,000 (E) | | | | | | 100,000 (F) | | |
| |
7/1/28 |
| |
Quarterly Anniversary |
| | | | 105,000 | | | | | | — | | | | | | — | | | | | | 105,000 | | | | | | — | | | | | | 105,000 | | |
| |
1/1/29 |
| |
Anniversary |
| | | | 103,000 | | | | | | — | | | | | | — | | | | | | 103,000 | | | | | | — | | | | | | 103,000 | | |
| |
10/1/29 |
| |
Purchase Payment |
| | | | 85,000 | | | | | | 80,000 (G) | | | | | | — | | | | | | 165,000 | | | | | | — | | | | | | 165,000 | | |
| |
11/30/29 |
| |
Withdrawal |
| | | | 155,000 | | | | | | — | | | | | | 5,500 (H) | | | | | | 149,500 | | | | | | 5,465 (I) | | | | | | 149,500 (J) | | |
| |
1/1/30 |
| |
Anniversary |
| | | | 152,000 | | | | | | — | | | | | | — | | | | | | 152,000 | | | | | | — | | | | | | 152,000 | | |
| |
3/31/30 |
| |
Withdrawal |
| | | | 160,000 | | | | | | — | | | | | | 16,000 (K) | | | | | | 144,000 | | | | | | 14,854 | | | | | | 144,000 | | |
| |
7/1/30 |
| |
Owner Death |
| | | | 135,000 (L) | | | | | | — | | | | | | — | | | | | | 135,000 | | | | | | — | | | | | | 135,000 (M) | | |
(A)
Contract is issued with a Purchase Payment of $100,000.
(B)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
(C)
A withdrawal of $25,000 (including applicable surrender charges) is made.
(D)
$100,000 = $125,000 – $25,000.
(E)
The “Adjusted
Withdrawal Amount” is used to adjust the Return of Purchase Payments Death Benefit for withdrawals. The adjustment for each withdrawal
is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount withdrawn (including surrender
charges), reduces Contract Value. Assuming the death benefit at the time of withdrawal is $130,000, the adjusted withdrawal amount is
$26,000. The adjusted withdrawal amount of $26,000 is equal to $25,000 / $125,000 x $130,000.
(F)
The Return
of Purchase Payments Death Benefit is greater of Contract Value or aggregate Purchase Payments less an adjustment for each withdrawal
amount. The Return of Purchase Payments Death Benefit is $100,000. The Return of Purchase Payments Death Benefit of $100,000 is
equal to the greater of $100,000 or $74,000 ($100,000 – $26,000), respectively.
(G)
A Purchase Payment of $80,000 is made on 10/1/2029.
(H)
A withdrawal of $5,500 (including applicable surrender charges) is made on 11/30/2029.
(I)
The adjustment
for each withdrawal is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount withdrawn
(including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $154,000, the adjusted withdrawal
amount is $5,465. The adjusted withdrawal amount of $5,465 equal to $5,500 / $155,000 x $154,000.
(J)
The Return
of Purchase Payments Death Benefit is greater of Contract Value or aggregate Purchase Payments less an adjustment for each withdrawal
amount. The Return of Purchase Payments Death Benefit is $149,500. The Return of Purchase Payments Death Benefit of $149,500 is
equal to the greater of $149,500 or $148,535 ($100,000 + $80,000 – $26,000 – $5,465), respectively.
(K)
A withdrawal of $16,000 (including applicable surrender charges) is made on 3/31/2030.
(L)
The Owner dies on 7/1/2030 and the Contract Value at that time has declined to $135,000.
(M)
The actual
Return of Purchase Payments Death Benefit is the greater of the Contract Value or aggregate Purchase Payments less an adjustment for each
withdrawal amount. The Return of Purchase Payments Death
105
Benefit is $135,000.
The Return of Purchase Payments Death Benefit of $135,000 is equal to the greater of $135,000 or $133,682 ($100,000 + $80,000
– $26,000 – $5,465 – $14,854), respectively.
106
Example of Death Benefit Calculation — Maximum
Anniversary Value Death Benefit Without the SecurePay Income Rider
The Maximum Anniversary Value Death Benefit is equal to the greatest of
(1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal (including any withdrawal made under
the SecurePay Income rider); or (3) the greatest anniversary value attained prior to the older Owner’s 83rd birthday; provided,
however, that the Maximum Anniversary Value Death Benefit will never be more than the Contract Value plus $1,000,000.
The anniversary value is calculated for each Contract Anniversary at the
time of the older Owner’s 83rd birthday or the deceased Owner’s date of death, whichever comes first. The anniversary value
is equal to the sum of:
•
the Contract Value on that
Contract Anniversary; plus
•
all Purchase Payments made after
the date of that Contract Anniversary until the date on which we calculate the anniversary value; minus
•
an adjustment for each withdrawal
(including any withdrawal made under the SecurePay Income rider) made after that Contract Anniversary until the date on which we calculate
the anniversary value.
Assumptions:
•
Owner is 60 years old
on the Issue Date (1/1/2025)
•
Purchased Maximum Anniversary
Value Death Benefit at the time of Contract purchase
•
Owner passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical
Contract Value |
| |
Adjusted
Withdrawal Amount |
| |
Anniversary
Value (A) |
| |
Maximum Anniversary Value Death Benefit |
| |||||||||||||||||||||
| |
1/1/25 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (B) | | | | | | N/A | | | | | | 100,000 | | | | | | — | | | | | | 100,000 | | | | | | — | | |
| |
1/1/26 |
| |
Anniversary |
| | | | 120,000 (C) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | — | | | | | | 150,550 | | | | | | — | | |
| |
1/1/27 |
| |
Anniversary |
| | | | 130,000 | | | | | | — | | | | | | — | | | | | | 130,000 | | | | | | — | | | | | | 160,550 (D) | | | | | | — | | |
| |
4/1/27 |
| |
Withdrawal |
| | | | 125,000 | | | | | | — | | | | | | 25,000 (E) | | | | | | 100,000 (F) | | | | | | 26,000 (G) | | | | | | — | | | | | | — | | |
| |
7/1/28 |
| |
Quarterly Anniversary |
| | | | 105,000 | | | | | | — | | | | | | — | | | | | | 105,000 | | | | | | — | | | | | | — | | | | | | — | | |
| |
1/1/29 |
| |
Anniversary |
| | | | 103,000 | | | | | | — | | | | | | — | | | | | | 103,000 | | | | | | — | | | | | | 159,550 | | | | | | — | | |
| |
10/1/29 |
| |
Purchase Payment |
| | | | 85,000 | | | | | | 80,000 (H) | | | | | | — | | | | | | 165,000 | | | | | | — | | | | | | — | | | | | | — | | |
| |
11/30/29 |
| |
Withdrawal |
| | | | 155,000 | | | | | | — | | | | | | 5,500 (I) | | | | | | 149,500 | | | | | | 5,500 (J) | | | | | | — | | | | | | — | | |
| |
1/1/30 |
| |
Anniversary |
| | | | 152,000 | | | | | | — | | | | | | — | | | | | | 152,000 | | | | | | — | | | | | | 134,050 (K) | | | | | | — | | |
| |
3/31/30 |
| |
Withdrawal |
| | | | 160,000 | | | | | | — | | | | | | 16,000 (L) | | | | | | 144,000 | | | | | | 17,950 | | | | | | — | | | | | | — | | |
| |
7/1/30 |
| |
Owner Death |
| | | | 135,000 (M) | | | | | | — | | | | | | — | | | | | | 135,000 | | | | | | — | | | | | | — | | | | | | 160,550 (N) | | |
(A)
The Anniversary
Values have been calculated based on the date of death of the owner occurring on 7/1/2030. If an alternative date of death was assumed,
the Anniversary Values may differ. For example, if the Owner passed away on 11/1/29, the anniversary value for 1/1/26 would be $174,000
(the $120,000 Contract Value on that Contract Anniversary plus the $80,000 Purchase Payment on 10/1/29 minus the $26,000 adjusted withdrawal
amount on 4/1/27).
(B)
Contract is issued with a Purchase Payment of $100,000.
(C)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
(D)
Each Anniversary
Value equals the Contract Value on the contract anniversary plus all Purchase Payments since that Contract Anniversary minus an adjustment
for each withdrawal since that Contract Anniversary. The Anniversary Value is $160,550. The Anniversary Value of $160,550 is equal
to $130,000 + $80,000 – $26,000 – $5,500 – $17,950. Also, this value is the greatest anniversary value for the Maximum
Anniversary Value calculation.
(E)
A withdrawal of $25,000 (including applicable surrender charges) is made.
(F)
$100,000 = $125,000 – $25,000.
(G)
The “Adjusted Withdrawal Amount” is used to adjust the Maximum Anniversary Value Death Benefit
for withdrawals.
107
The adjustment for each withdrawal is the amount that reduces the death
benefit at the time of withdrawal in the same proportion that the amount withdrawn (including surrender charges), reduces Contract Value.
Assuming the death benefit at the time of withdrawal is $130,000, the adjusted withdrawal amount is $26,000. The adjusted withdrawal amount
of $26,000 is equal to $25,000 / $125,000 x $130,000.
(H)
A
Purchase Payment of $80,000 is made on 10/1/2029.
(I)
A
withdrawal of $5,500 (including applicable surrender charges) is made.
(J)
The adjustment for each withdrawal
is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount withdrawn (including surrender
charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $155,000, the adjusted withdrawal amount is $5,500.
The adjusted withdrawal amount of $5,500 is equal to $5,500 / $155,000 x $155,000.
(K)
Each Anniversary Value equals the
Contract Value on the anniversary plus all Purchase Payments since that anniversary minus an adjustment for each withdrawal since that
anniversary. The Anniversary Value is $134,050. The Anniversary Value of $134,050 is equal to $152,000 – $17,950.
(L)
A
withdrawal of $16,000 (including applicable surrender charges) is made on 3/31/2030.
(M)
The
Owner dies on 7/1/2030 and the Contract Value at that time has declined to $135,000.
(N)
The Maximum Anniversary Value Death
Benefit is equal to the greatest of (1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal,
or (3) the greatest anniversary value attained. The Maximum Anniversary Value Death Benefit is $160,550. The Maximum Anniversary Value
Death Benefit of $160,550 is equal to the greatest of $135,000 or $130,550 ($100,000 + $80,000 – $26,000 –
$5,500 – $17,950) or $160,550, respectively.
108
Example of Death Benefit Calculation — Maximum
Quarterly Value Death Benefit Without the SecurePay Income Rider
The Maximum Quarterly Value Death Benefit is equal to the greatest of
(1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal (including any withdrawal made under
the SecurePay Income rider); or (3) the greatest Quarterly Anniversary value attained prior to the older Owner’s 83rd birthday;
provided, however, that the Maximum Quarterly Value Death Benefit will never be more than the
Contract Value plus $1,000,000.
The Quarterly Anniversary Value is calculated for each Quarterly Anniversary
at the time of the older Owner’s 83rd birthday or the deceased Owner’s date of death, whichever comes first. The Quarterly
Anniversary Value is equal to the sum of:
•
the Contract Value on that Quarterly
Anniversary; plus
•
all Purchase Payments made after
the date of that Quarterly Anniversary until the date on which we calculate the Quarterly Anniversary Value; minus
•
an adjustment for each withdrawal
(including any withdrawal made under the SecurePay Income rider) made after the date of that Quarterly Anniversary until the date on which
we calculate the Quarterly Anniversary Value.
Assumptions:
•
Owner is 60 years old on
the Issue Date (1/1/2025)
•
Purchased Maximum Quarterly
Value Death Benefit at the time of Contract purchase
•
Owner passed away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical
Contract Value |
| |
Adjusted
Withdrawal Amount |
| |
Quarterly
Anniversary Value (A) |
| |
Maximum Quarterly Value Death Benefit |
| |||||||||||||||||||||
| |
1/1/25 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (B) | | | | | | N/A | | | | | | 100,000 | | | | | | — | | | | | | 100,000 | | | | | | — | | |
| |
1/1/26 |
| |
Anniversary |
| | | | 120,000 (C) | | | | | | — | | | | | | — | | | | | | 120,000 | | | | | | — | | | | | | 150,550 | | | | | | — | | |
| |
1/1/27 |
| |
Anniversary |
| | | | 130,000 | | | | | | — | | | | | | — | | | | | | 130,000 | | | | | | — | | | | | | 160,550 | | | | | | — | | |
| |
4/1/27 |
| |
Withdrawal |
| | | | 125,000 | | | | | | — | | | | | | 25,000 (D) | | | | | | 100,000 (E) | | | | | | 26,000 (F) | | | | | | 155,550 | | | | | | — | | |
| |
7/1/28 |
| |
Quarterly Anniversary |
| | | | 105,000 | | | | | | — | | | | | | — | | | | | | 105,000 | | | | | | — | | | | | | 161,550 (G) | | | | | | — | | |
| |
1/1/29 |
| |
Anniversary |
| | | | 103,000 | | | | | | — | | | | | | — | | | | | | 103,000 | | | | | | — | | | | | | 159,550 | | | | | | — | | |
| |
10/1/29 |
| |
Purchase Payment |
| | | | 85,000 | | | | | | 80,000 (H) | | | | | | — | | | | | | 165,000 | | | | | | — | | | | | | — | | | | | | — | | |
| |
11/30/29 |
| |
Withdrawal |
| | | | 155,000 | | | | | | — | | | | | | 5,500 (I) | | | | | | 149,500 | | | | | | 5,500 (J) | | | | | | — | | | | | | — | | |
| |
1/1/30 |
| |
Anniversary |
| | | | 152,000 | | | | | | — | | | | | | — | | | | | | 152,000 | | | | | | — | | | | | | 134,050 (K) | | | | | | — | | |
| |
3/31/30 |
| |
Withdrawal |
| | | | 160,000 | | | | | | — | | | | | | 16,000 (L) | | | | | | 144,000 | | | | | | 17,950 | | | | | | — | | | | | | — | | |
| |
7/1/30 |
| |
Owner Death |
| | | | 135,000 (M) | | | | | | — | | | | | | — | | | | | | 135,000 | | | | | | — | | | | | | — | | | | | | 161,550 (N) | | |
(A)
The Quarterly
Anniversary Values have been calculated based on the date of death of the owner occurring on 7/1/2030. If an alternative date
of death was assumed, the Quarterly Anniversary Values may differ. For example, if the Owner passed away on 11/1/29, the Quarterly Anniversary
Value for 1/1/26 would be $174,000 (the $120,000 Contract Value on that Quarterly Anniversary plus the $80,000 Purchase Payment on 10/1/29
minus the $26,000 adjusted withdrawal amount on 4/1/27).
(B)
Contract is issued with a Purchase Payment of $100,000.
(C)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
(D)
A withdrawal of $25,000 (including applicable surrender charges) is made.
(E)
$100,000 = $125,000 – $25,000.
(F)
The “Adjusted
Withdrawal Amount” is used to adjust the Maximum Quarterly Value Death Benefit for withdrawals. The adjustment for each withdrawal
is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount withdrawn (including surrender
charges), reduces Contract Value. Assuming the death benefit at the time of withdrawal is $130,000, the adjusted withdrawal amount is
$26,000. The adjusted withdrawal amount of $26,000 is equal to $25,000 / $125,000 x $130,000.
109
(G)
Each Quarterly Anniversary Value equals the Contract Value on the anniversary
plus all Purchase Payments since that anniversary minus an adjustment for each withdrawal since that anniversary. The Quarterly Anniversary
Value is $161,550. The Quarterly Anniversary Value of $161,550 is equal to $105,000 + $80,000 – $5,500 – $17,950.
Also, this value is the greatest anniversary value for the Maximum Quarterly Value calculation.
(H)
A
Purchase Payment of $80,000 is made on 10/1/2029.
(I)
A
withdrawal of $5,500 (including applicable surrender charges) is made.
(J)
The adjustment for each withdrawal
is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount withdrawn (including surrender
charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $155,000, the adjusted withdrawal amount is $5,500.
The adjusted withdrawal amount of $5,500 is equal to $5,500 / $155,000 x $155,000.
(K)
Each Quarterly Anniversary Value
equals the Contract Value on the anniversary plus all Purchase Payments since that anniversary minus an adjustment for each withdrawal
since that anniversary. The Quarterly Anniversary Value is $134,050. The Quarterly Anniversary Value of $134,050 is equal to $152,000
– $17,950.
(L)
A
withdrawal of $16,000 (including applicable surrender charges) is made on 3/31/2030.
(M)
The
Owner dies on 7/1/2030 and the Contract Value at that time has declined to $135,000.
(N)
The Maximum Quarterly Value Death
Benefit is equal to the greatest of (1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment for each withdrawal,
or (3) the greatest quarterly value attained. The Maximum Quarterly Value Death Benefit is $161,550. The Maximum Quarterly Value Death
Benefit of $161,550 is equal to the greatest of $135,000 or $130,550 ($100,000 + $80,000 – $26,000 – $5,500
– $17,950) or $161,550, respectively.
110
Example of Death Benefit Calculation
– Maximum Daily Value Death Benefit Without the SecurePay Income Rider
Assumptions:
?
•
Owner is
60 years old on the Issue Date (1/1/2025)
?
•
Purchased
Maximum Daily Value Death Benefit at the time of Contract purchase
?
•
Owner passed
away on 7/1/2030
| |
Transaction Date |
| |
Transaction Type |
| |
Hypothetical Contract Value Before Transaction |
| |
Purchase Payments |
| |
Net Withdrawals |
| |
Hypothetical Contract Value |
| |
Adjusted Withdrawal Amount |
| |
Highest Daily Contract Value Since Last Anniversary |
| |
Maximum
Daily Value Adjusted for Future Transactions (A) |
| |
Maximum Daily Value Death Benefit |
| ||||||||||||||||||||||||
| |
1/1/2025 |
| |
Contract Issue |
| | | | N/A | | | | | | 100,000 (B) | | | | | | N/A | | | | | | 100,000 | | | | | | — | | | | | | | | | | | | 100,000 | | | | | | — | | |
| |
1/1/2026 |
| |
Anniversary |
| | | | 120,000 (C) | | | | | | | | | | | | — | | | | | | 120,000 | | | | | | — | | | | | | 122,000 (D) | | | | | | 160,890 (E) | | | | | | — | | |
| |
1/1/2027 |
| |
Anniversary |
| | | | 130,000 | | | | | | — | | | | | | — | | | | | | 130,000 | | | | | | — | | | | | | 146,000 | | | | | | 184,890 | | | | | | — | | |
| |
4/1/2027 |
| |
Withdrawal |
| | | | 125,000 | | | | | | — | | | | | | 25,000 (F) | | | | | | 100,000 (G) | | | | | | 20,000 (H) | | | | | | 131,000 | | | | | | 169,890 | | | | | | — | | |
| |
7/1/2028 |
| |
Daily Value |
| | | | 105,000 | | | | | | — | | | | | | — | | | | | | 105,000 | | | | | | — | | | | | | 125,000 | | | | | | 183,890 (I) | | | | | | — | | |
| |
1/1/2029 |
| |
Anniversary |
| | | | 103,000 | | | | | | — | | | | | | — | | | | | | 103,000 | | | | | | — | | | | | | 108,000 | | | | | | 166,890 | | | | | | — | | |
| |
10/1/2029 |
| |
Purchase Payment |
| | | | 85,000 | | | | | | 80,000 (J) | | | | | | — | | | | | | 165,000 | | | | | | — | | | | | | 108,000 | | | | | | 166,890 | | | | | | — | | |
| |
11/30/2029 |
| |
Withdrawal |
| | | | 155,000 | | | | | | — | | | | | | 5,500 (K) | | | | | | 149,500 | | | | | | 5,677 (L) | | | | | | 161,000 | | | | | | 139,890 | | | | | | — | | |
| |
1/1/2030 |
| |
Anniversary |
| | | | 152,000 | | | | | | — | | | | | | — | | | | | | 152,000 | | | | | | — | | | | | | 153,500 | | | | | | 138,068 (M) | | | | | | — | | |
| |
3/31/2030 |
| |
Withdrawal |
| | | | 160,000 | | | | | | — | | | | | | 16,000 (N) | | | | | | 144,000 | | | | | | 15,432 | | | | | | 162,000 | | | | | | 146,568 | | | | | | — | | |
| |
7/1/2030 |
| |
Owner Death |
| | | | 135,000 (O) | | | | | | — | | | | | | — | | | | | | 135,000 | | | | | | — | | | | | | — | | | | | | — | | | | | | 184,890 (P) | | |
?
(A)
For
purposes of the example, the maximum daily values have been retrospectively calculated from the date of death of 7/1/2030. If an alternative
date of death was assumed, the maximum daily values may differ.
?
(B)
Contract is issued with a Purchase Payment of $100,000.
?
(C)
This column shows the Contract Values before any transactions occur. In this case the Contract Value is
$120,000.
?
(D)
Contract
value on 1/1/2026 is $120,000 and contract value on 1/1/2025 was $100,000. The highest daily contract value in between these two points
is $122,000, which is used in the Maximum Daily Value Death Benefit calculation.
?
(E)
The
highwatermark is $160,890 which becomes the daily value even though on the anniversary, the Contract Value was $120,000. The $160,890
equals $122,000 adjusted for transactions that happened between 1/1/2026 and the death of the owner.
?
(F)
A withdrawal of $25,000 (including applicable surrender charges) is made.
?
(G)
$100,000 = $125,000 - $25,000.
?
(H)
The
“Adjusted Withdrawal Amount” is used to adjust the Maximum Daily Value Death Benefit for withdrawals. The adjustment for
each withdrawal is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the amount withdrawn
(including surrender charges), reduces Contract Value. Assuming the death benefit at the time of withdrawal is $100,000, the adjusted
withdrawal amount is $20,000 is equal to $25,000 / $125,000 x $100,000.
?
(I)
Each
Maximum Daily Value equals the Contract Value on the anniversary plus all Purchase Payments since that anniversary minus an adjustment
for each withdrawal since that anniversary. The Maximum Daily Value is $183,890. The Maximum Daily Value of $183,890 is equal
to $105,000 + $80,000 - $5,677 - $15,432. Also, this value is the greatest anniversary value for the Maximum Daily Value calculation.
?
(J)
A Purchase Payment of $80,000 is made on 10/1/2029.
?
(K)
A withdrawal of $5,500 (including applicable surrender charges) is made.
?
(L)
The
adjustment for each withdrawal is the amount that reduces the death benefit at the time of withdrawal in the same proportion that the
amount withdrawn (including surrender charges) reduces Contract Value. Assuming the death benefit at the time of withdrawal is $00, the
adjusted withdrawal amount is $5,677. The Adjusted Withdrawal Amount is $5,677. Assuming the death benefit at the time of withdrawal is
$154,323, the adjusted withdrawal amount is $5,677 is equal to $5,500 / $155,000 x $160,000.
111
?
(M)
Each Maximum Daily Value equals the Contract Value
on the anniversary plus all Purchase Payments since that anniversary minus an adjustment for each withdrawal since that anniversary. The
Maximum Daily Value is $138,068. The Maximum Daily Value of $138,068 is equal to $152,000 - $15,432.
?
(N)
A withdrawal of $16,000 (including applicable surrender charges) is made on 3/31/2030.
?
(O)
The Owner dies on 7/1/2030 and the Contract Value at that time has declined to $135,000.
?
(P)
The Maximum
Daily Value Death Benefit is equal to the greatest of (1) the Contract Value, (2) the aggregate Purchase Payments less an adjustment
for each withdrawal, or (3) the greatest daily value attained. The Maximum Daily Value Death Benefit is $184,890. The Maximum Daily Value
Death Benefit of $184,890 is equal to the greatest of $135,000 or $138,890 ($100,000 + $80,000 - $20,000 - $5,677 - $15,432)
or $184,890, respectively.
112
APPENDIX: EXAMPLE OF SURRENDER CHARGE
CALCULATION
The purpose of the following example is to illustrate
the surrender charges under the Contract. The example is based on hypothetical Contract Values and transactions and assumes hypothetical
positive and negative investment performance of the Variable Account. The example is not representative of past or future performance
and is not intended to project or predict future investment results. There is, of course, no assurance that the Variable Account will
experience positive investment performance. Actual results may be higher or lower.
Within certain time limits, we deduct a surrender charge from your Contract
Value when you make a surrender or withdrawal before the Annuity Date or when you fully or partially surrender your Contract for a commuted
value while variable income payments under Annuity Option A (payments for a certain period) are being made. We do not apply the surrender
charge to the payment of a death benefit or when we apply your Annuity Value to an Annuity Option.
Each Contract Year you may withdraw a specified amount, called the “free
withdrawal amount”, from your Contract without incurring a surrender charge. During the first Contract Year the free withdrawal
amount is equal to 10% of your initial Purchase Payment. In any subsequent Contract Year the free withdrawal amount is equal to the greatest
of: (1) the earnings in your Contract as of the prior Contract Anniversary; (2) 10% of your cumulative Purchase Payments as
of the prior Contract Anniversary; or (3) 10% of the Contract Value as of the prior Contract Anniversary. For the purpose of determining
the free withdrawal amount, earnings equal the Contract Value minus the Purchase Payments not previously assessed with a surrender charge,
both measured as of the Contract Anniversary for which values are being determined. Withdrawals in excess of the free withdrawal amount
in any Contract Year may be subject to surrender charges. If you have elected the SecurePay Income rider, we count SecurePay Withdrawals
and Excess Withdrawals when determining the free withdrawal amount. (See “PROTECTED LIFETIME INCOME BENEFIT (“SECUREPAY
INCOME”).”)
Surrender charges are applied to Contract Value withdrawn or surrendered according
to the table below:
Surrender Charge Percentages
Table
| |
Current Purchase Payment Plus All Prior Purchase Payments Applied to the Contract |
| |
Number of Complete Years Elapsed Between the Date the Purchase Payment was Applied to the Contract and the Withdrawal or Surrender Date |
| |||||||||||||||||||||||||||||||||||||||||||||
| |
0 |
| |
1 |
| |
2 |
| |
3 |
| |
4 |
| |
5 |
| |
6 |
| |
7+ |
| |||||||||||||||||||||||||||
| |
Less than $50,000 |
| | | | 7.0% | | | | | | 6.0% | | | | | | 6.0% | | | | | | 5.0% | | | | | | 4.0% | | | | | | 3.0% | | | | | | 2.0% | | | | | | 0% | | |
| |
At least $50,000 but less than $100,000 |
| | | | 6.0% | | | | | | 5.0% | | | | | | 5.0% | | | | | | 4.0% | | | | | | 3.0% | | | | | | 2.0% | | | | | | 1.0% | | | | | | 0% | | |
| |
At least $100,000 but less than $250,000 |
| | | | 5.0% | | | | | | 4.0% | | | | | | 4.0% | | | | | | 3.0% | | | | | | 2.0% | | | | | | 2.0% | | | | | | 1.0% | | | | | | 0% | | |
| |
At least $250,000 but less than $500,000 |
| | | | 4.0% | | | | | | 3.0% | | | | | | 3.0% | | | | | | 2.0% | | | | | | 2.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 0% | | |
| |
At least $500,000 but less than $1,000,000 |
| | | | 3.0% | | | | | | 2.0% | | | | | | 2.0% | | | | | | 2.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 0.5% | | | | | | 0% | | |
| |
$1,000,000 or more |
| | | | 2.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 1.0% | | | | | | 0.5% | | | | | | 0.5% | | | | | | 0% | | |
Assume an initial Purchase Payment of $95,000 is made on the
Issue Date, followed by a subsequent Purchase Payment of $80,000 made 2 months later. Then 3 years after the Issue Date,
assume another Purchase Payment of $75,000 is made (no purchase payments are allowed beyond the second contract anniversary for contracts
with SecurePay Income rider). Assume Contract Value is $270,000 on the fourth Contract Anniversary, and $260,000 on the fifth Contract
Anniversary.
During the fifth Contract Year, when the Contract Value has increased to
$315,000, a withdrawal of $50,000 is requested. On the sixth Contract Anniversary, when the Contract Value is $305,400, a full
surrender is requested.
We will monitor the amount of the surrender charge we assess such that the
amount of any surrender charge we impose, when added to any Premium Based Charge and surrender charge previously paid on the Contract,
will not exceed nine percent (9%) of aggregate Purchase Payments made to date for your Contract, which in this case is $22,500.
The following table outlines the steps we take to determine the surrender
charge for the $50,000 withdrawal and for the $305,400 full surrender:
113
| | |
Step |
| | | $50,000 Withdrawal during the 5th Contract Year |
| | | $305,400 Full Surrender on 6th Contract Anniversary |
| |
| | |
(1)
Determination of free withdrawal amount – greatest of:
(A)
Earnings in your Contract
as of the prior Contract Anniversary
(B)
10% of your cumulative Purchase
Payments as of the prior Contract Anniversary
(C)
10% of the Contract Value
as of the prior Contract Anniversary.
|
| | |
Greatest of:
(A)
Earnings = Contract Value
– total net Purchase Payments
Earnings = $270,000 – $250,000 = $20,000
(B)
10% x $250,000 = $25,000
(C)
10% x $270,000 = $27,000
Greatest value is (C), or $27,000 |
| | |
Greatest of:
(A)
Earnings = Contract Value
– total net Purchase Payments Earnings = $260,000 – $227,000 = $33,000
(B)
10% x $250,000 = $25,000
(C)
10% x $260,000 = $26,000
Greatest value is (A), or $33,000 |
| |
| | |
(2)
Amount subject to surrender charge: Requested amount less amount
from step (1)
|
| | | $50,000 – $27,000 = $23,000 | | | | $305,400 – $33,000 = $272,400 | | |
114
| | |
Step |
| | | $50,000 Withdrawal during the 5th Contract Year |
| | | $305,400 Full Surrender on 6th Contract Anniversary |
| |
| | |
(3)
Applicable surrender charge percentage based on the aggregate Purchase
Payments and the number of full years that have passed:
NOTE: Withdrawals come from earliest Purchase Payment first (FIFO)
NOTE: We will add together all Purchase Payments received within 90 days of the Issue
Date for the purpose of determining the surrender charge tier assigned to each of them. |
| | |
•
$23,000 withdrawal comes from $95,000 Purchase Payment
•
4 full years have elapsed
since Purchase Payment
• $175,000 of Purchase Payments were made in the first 90 days
Surrender charge percentage = 2% |
| | |
•
Since $23,000 was withdrawn from the first Purchase Payment of $95,000,
$72,000 ($95,000 – $23,000)is allocated to the initial Purchase Payment
•
6 full years have elapsed
since the first Purchase Payment
• $175,000 of Purchase Payments were made in the first 90 days
Surrender charge percentage = 1%
•
Since the second Purchase
Payment was $80,000, the entire $80,000 is allocated to the second Purchase Payment
•
5 full years have elapsed
since the second Purchase Payment
• $175,000 of Purchase Payments were made in the first 90 days
Surrender charge percentage = 2%
•
Since the third Purchase Payment
was $75,000, the entire $75,000 is allocated to the third Purchase Payment
•
3 full years have elapsed
since the third Purchase Payment
• At the time the third Purchase Payment was made, cumulative Purchase Payments made
= $250,000 so this band is used for determination of the surrender charge
Surrender charge percentage = 2%
•
Allocating the surrender amount
to the three Purchase Payments covers only $227,000 of the eligible $272,400. So the remaining $45,400 must be allocated on a pro-rata
basis to the remaining Purchase Payments:
•
$45,400 x ($72,000 / $227,000)
= $14,400 (The first Purchase Payment has $86,400 ($72,000 + $14,400) allocated to it)
•
$45,400 x ($80,000 / $227,000)
= $16,000 (The second Purchase Payment has $96,000 ($80,000 + $16,000) allocated to it)
•
$45,400 x ($75,000 / $227,000)
= $15,000 (The third Purchase Payment has $90,000 ($75,000 + $15,000) allocated to it)
|
| |
| | |
(4)
Surrender charge: Step (2) multiplied by step (3)
|
| | | $23,000 x 2% = $460 | | | | $86,400 x 1% = $864 $96,000 x 2% = $1,920 $90,000 x 2% = $1,800 $864 + $1,920 + $1,800 = $4,584 |
| |
115
APPENDIX: EXPLANTION OF THE VARIABLE
INCOME PAYMENT CALCULATION
The purpose of the following example is to illustrate
variable income payments under the Contract. The example is based on hypothetical Annuity Values and transactions and assumes hypothetical
positive and negative investment performance of the Variable Account. The example is not representative of past or future performance
and is not intended to project or predict future investment results. There is, of course, no assurance that the Variable Account will
experience positive investment performance. Actual results may be higher or lower.
Assuming an Annuity Value of $100,000 on the Annuity Date and annual
variable income payments selected under Option A with a 5 year certain period, the dollar amount of the payment determined, but not paid,
on the Annuity Date is calculated using a 5% assumed investment return, as shown below.
There are 5 annual payments scheduled. Assuming an investment return of 5%,
the applied Annuity Value is then assumed to have a balance of $0 after the last payment is made at the end of the 5th
year. The amount of the payment determined on the Annuity Date is the amount necessary to force this balance to $0.
|
Date |
| |
Investment Return During Year at 5% |
| |
Annuity
Value Before Payment |
| |
Payment Made |
| |
Annuity
Value After Payment |
| ||||||||||||
|
Annuity Date |
| | | | | | | | | $ | 100,000.00 | | | | | $ | 0.00 | | | | | $ | 100,000.00 | | |
|
End of 1st year |
| | | $ | 5,000.00 | | | | | $ | 105,000.00 | | | | | $ | 23,097.48 | | | | | $ | 81,902.52 | | |
|
End of 2nd year |
| | | $ | 4,095.13 | | | | | $ | 85,997.65 | | | | | $ | 23,097.48 | | | | | $ | 62,900.17 | | |
|
End of 3rd year |
| | | $ | 3,145.01 | | | | | $ | 66,045.17 | | | | | $ | 23,097.48 | | | | | $ | 42,947.69 | | |
|
End of 4th year |
| | | $ | 2,147.38 | | | | | $ | 45,095.08 | | | | | $ | 23,097.48 | | | | | $ | 21,997.60 | | |
|
End of 5th year |
| | | $ | 1,099.88 | | | | | $ | 23,097.48 | | | | | $ | 23,097.48 | | | | | $ | 0.00 | | |
Assuming an investment return of 5%, a payment of $23,097.48 is determined,
but not paid, on the Annuity Date.
The actual variable income payment made at the end of the 1st
year will equal $23,097.48 only if the net investment return during the 1st
year equals 5%. If the net investment return exceeds 5%, then the 1st
payment will exceed $23,097.48. If the net investment return is less than 5%, then the 1st
payment will be less than $23,097.48.
Subsequent variable payments will vary based on the net investment return
during the year in which the payment is scheduled to be made. A payment will equal the payment made at the end of the prior year only
if the net investment return equals 5%. If the net investment return exceeds 5%, then the payment will exceed the prior payment. If the
net investment return is less than 5%, then the payment will be less than the prior payment.
EXPLANATION OF THE COMMUTED VALUE CALCULATION
A Contract may be fully or partially surrendered for a commuted value while
variable income payments under Annuity Option A are being made. (See “Annuity Options.”) If the Contract is surrendered,
the amount payable will be the commuted value of future payments at the assumed investment return of 5%, which will be equal to the values
shown in the column titled “Annuity Value after Payment,” above. If the Contract is surrendered while variable income payments
are being made under Annuity Option A and within 7 years of a Purchase Payment, the amount payable will be reduced by any applicable surrender
charge. (See “Annuity Income Payments, Variable Income Payments.”)
116
APPENDIX: EXAMPLE
OF SECUREPAY INCOME RIDER
The purpose of the following example
is to demonstrate the operation of the SecurePay Income rider. The example is based on hypothetical Contract Values and transactions and
assumes hypothetical positive and negative investment performance of the Variable Account. The example is not representative of past or
future performance and is not intended to project or predict future investment results. There is, of course, no assurance that the Variable
Account will experience positive investment performance. Actual results may be higher or lower. The example does not reflect the deduction
of fees and charges.
Assumptions (Standard
Option Elected):
•
Joe, 60 years
old on the Issue Date
•
Purchased the
SecurePay Income Rider at time of Contract Purchase
•
Elected Single
Life Coverage
?
•
Began
making SecurePay Withdrawals 11 years after the Rider Issue Date
| |
Contract Year |
| |
End of
Year Attained Age |
| |
Roll Up Percentage |
| |
Maximum Allowed Withdrawal Percentage |
| |
Purchase Payments |
| |
Actual Withdrawals |
| |
Annual
Withdrawal Amount |
| |
Annual Withdrawal Amount Balance |
| |
Excess Withdrawal |
| |
Hypothetical
Contract Value |
| |
Highest
Quarterly Value |
| |
SecurePay
Roll-Up Value |
| |
End of
Year Benefit Base |
| ||||||||||||||||||||||||||||||||||||
| |
At issue |
| | | | 60 | | | | | | | | | | | | | | | | | | 100,000 | | | | | | N/A | | | | | | — | | | | | | — | | | | | | — | | | | | | 100,000 | | | | | | — | | | | | | 100,000 (A) | | | | | | 100,000 (A) | | |
| |
1 |
| | | | 61 | | | | | | 5.5% | | | | | | 4.00% | | | | | | 50,000 (B) | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 153,975 | | | | | | 153,975 | | | | | | 155,500 (C) | | | | | | 155,500 (D) | | |
| |
2 |
| | | | 62 | | | | | | 5.5% | | | | | | 4.00% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 161,676 | | | | | | 161,676 | | | | | | 164,053 (E) | | | | | | 164,053 (F) | | |
| |
3 |
| | | | 63 | | | | | | 5.5% | | | | | | 4.00% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 173,698 | | | | | | 173,698 | | | | | | 173,075 (G) | | | | | | 173,698 (H) | | |
| |
4 |
| | | | 64 | | | | | | 5.5% | | | | | | 4.00% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 176,543 | | | | | | 176,543 | | | | | | 183,251 | | | | | | 183,251 (I) | | |
| |
5 |
| | | | 65 | | | | | | 5.5% | | | | | | 4.00% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 185,796 | | | | | | 185,796 | | | | | | 193,330 | | | | | | 193,330 (J) | | |
| |
6 |
| | | | 66 | | | | | | 5.5% | | | | | | 5.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 192,345 | | | | | | 192,345 | | | | | | 203,963 | | | | | | 203,963 (K) | | |
| |
7Q1 |
| | | | 67 | | | | | | 5.5% | | | | | | 5.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 228,976 | | | | | | — | | | | | | 203,963 | | | | | | 203,963 | | |
| |
7Q2 |
| | | | 67 | | | | | | 5.5% | | | | | | 5.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 230,065 | | | | | | — | | | | | | 203,963 | | | | | | 203,963 | | |
| |
7Q3 |
| | | | 67 | | | | | | 5.5% | | | | | | 5.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 235,765 | | | | | | — | | | | | | 203,963 | | | | | | 203,963 | | |
| |
7Q4 |
| | | | 67 | | | | | | 5.5% | | | | | | 5.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 232,976 | | | | | | 235,765 (L) | | | | | | 215,181 | | | | | | 235,765 (M) | | |
| |
8 |
| | | | 68 | | | | | | 5.5% | | | | | | 5.15% | | | | | | — | | | | | | 10,000 (N) | | | | | | — | | | | | | — | | | | | | — | | | | | | 228,630 | | | | | | 228,630 | | | | | | 238,309 (O) | | | | | | 238,309 (P) | | |
| |
9 |
| | | | 69 | | | | | | 5.5% | | | | | | 5.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 249,675 | | | | | | 249,675 | | | | | | 251,416 | | | | | | 251,416 | | |
| |
10 |
| | | | 70 | | | | | | 5.5% | | | | | | 5.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 265,498 | | | | | | 265,498 | | | | | | 265,244 | | | | | | 265,498 (Q) | | |
| |
11 |
| | | | 71 | | | | | | 0% (R) | | | | | | 5.40% | | | | | | — | | | | | | 14,337 | | | | | | 14,337 (S) | | | | | | — | | | | | | — | | | | | | 256,438 | | | | | | 256,438 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
12 |
| | | | 72 | | | | | | 0% | | | | | | 5.40% | | | | | | — | | | | | | 14,337 | | | | | | 14,337 (S) | | | | | | — | | | | | | — | | | | | | 245,854 | | | | | | 245,854 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
13 |
| | | | 73 | | | | | | 0% | | | | | | 5.40% | | | | | | — | | | | | | 14,337 | | | | | | 14,337 (S) | | | | | | — | | | | | | — | | | | | | 243,965 | | | | | | 243,965 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
14 |
| | | | 74 | | | | | | 0% | | | | | | 5.40% | | | | | | — | | | | | | 5,000 | | | | | | 14,337 (T) | | | | | | 9,337 (T) | | | | | | — | | | | | | 240,951 | | | | | | 240,951 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
15 |
| | | | 75 | | | | | | 0% | | | | | | 5.40% | | | | | | — | | | | | | 14,337 | | | | | | 14,337 (U) | | | | | | — | | | | | | — | | | | | | 236,710 | | | | | | 236,710 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
16 |
| | | | 76 | | | | | | 0% | | | | | | 5.40% | | | | | | — | | | | | | 14,337 | | | | | | 14,337 (U) | | | | | | — | | | | | | — | | | | | | 227,843 | | | | | | 227,843 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
17 |
| | | | 77 | | | | | | 0% | | | | | | 5.40% | | | | | | — | | | | | | 14,337 | | | | | | 14,337 (U) | | | | | | — | | | | | | — | | | | | | 201,496 | | | | | | 201,496 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
18 |
| | | | 78 | | | | | | 0% | | | | | | 5.40% | | | | | | — | | | | | | 50,000 | | | | | | 14,337 (V) | | | | | | — | | | | | | 35,663 (V) | | | | | | 161,985 | | | | | | 161,985 | | | | | | 214,702 | | | | | | 214,907 (W) | | |
(A)
The initial Benefit Base is equal to the initial Purchase Payment of $100,000.
(B)
The
$50,000 Purchase Payment is added to the current Benefit Base of $100,000 (no Purchase Payments are allowed beyond the second
contract anniversary since SecurePay Income was purchased). The new Benefit Base is $150,000.
(C)
The
SecurePay Roll-Up Value is equal to the most recently calculated Benefit Base ($150,000) plus 5.5% of the Benefit Base on the previous
contract anniversary (5.5% of $100,000).
(D)
The
recalculated Benefit Base is equal to the greatest of the Benefit Base on that anniversary, the Highest Quarterly Value, and the SecurePay
Roll-Up Value (the greatest of $150,000, $153,975, and $155,500, respectively).
(E)
The
SecurePay Roll-Up Value is equal to the most recently calculated Benefit Base ($155,500) plus 5.5% of the Benefit Base on the previous
Contract Anniversary (5.5% of $155,500).
(F)
The
recalculated Benefit Base is equal to the greatest of the Benefit Base on that anniversary, the Highest Quarterly Value, and the SecurePay
Roll-Up Value (the greatest of $155,500, $161,676, and $164,053, respectively).
(G)
The
SecurePay Roll-Up Value is equal to the most recently calculated Benefit Base ($164,053) plus 5.5% of the Benefit Base on the previous
contract anniversary (5.5% of $164,053).
117
(H)
The SecurePay Roll-Up
Value ($173,075) is compared to the Contract Value ($173,698).
(I)
The recalculated Benefit Base is
equal to the SecurePay Roll-Up Value since it is higher than the Highest Quarterly Value of $176,543.
(J)
The
SecurePay Roll-Up Value ($193,330) is compared to the Contract Value ($185,796).
(K)
The recalculated Benefit Base is
equal to the SecurePay Roll-Up Value since it is higher than the Highest Quarterly Value of $192,345.
(L)
In
year 7, the Highest Quarterly Value occurs at the third quarterly anniversary ($235,765).
(M)
The
SecurePay Roll-Up Value ($215,181) is compared to the Highest Quarterly Value ($235,765).
(N)
The Benefit Base is reduced due
to the $10,000 withdrawal in the same proportion that the withdrawal reduces the Contract Value. The Benefit Base is reduced by 4.2%.
The 4.2% reduction is determined by dividing the withdrawal amount ($10,000) by the Contract Value prior to the withdrawal ($238,630).
After the withdrawal, the reduced Benefit Base equals $225,885, which is the prior Benefit Base of $235,765 reduced by 4.2%.
(O)
The Roll-Up Guaranteed increase
is also reduced in the same proportion that the withdrawal reduces the Contract Value, 4.2%. The Roll-Up Guaranteed Increase is $11,633.
The Roll-Up Guaranteed Increase of $11,633 is equal to the Roll-Up Percentage 5.50% multiplied by the Benefit Base at the end
of the prior year $235,765 and then reduced by the proportion that the withdrawal reduced the Contract Value (4.2%). The Roll-Up Value
is then calculated by adding the adjusted Roll-Up Guaranteed amount to the adjusted Benefit Base ($225,885 + $11,633 = $238,309).
(P)
The recalculated Benefit Base is
equal to $238,309. The recalculated Benefit Base is equal to the greatest of: 1) the Benefit Base on that anniversary after the withdrawal
adjustment ($225,885) 2) the Highest Quarterly Value ($228,630) and 3) the SecurePay Roll-Up Value after the withdrawal adjustment ($238,309).
(Q)
The recalculated Benefit Base is
equal to the Highest Quarterly Value since it is higher than the SecurePay Roll-Up Value of ($265,244).
(R)
The
Roll-Up Period stops after the Benefit Election Date.
(S)
For the next three years, Joe takes
the full Annual Withdrawal Amount of $14,337. The full Annual Withdrawal Amount of $14,337 is determined by multiplying
the Benefit Base ($265,498) by the Maximum Allowed Withdrawal Percentage (5.40%).
(T)
In year 14, Joe only takes $5,000
of the available $14,337. The remaining $9,337 is not carried over to the next year.
(U)
For years 15-17, Joe takes the full
Annual Withdrawal Amount of $14,337, which equals the Benefit Base ($265,498) by the Maximum Allowed Withdrawal Percentage (5.40%).
(V)
In year 18, Joe takes a $50,000
withdrawal. Since the Annual Withdrawal Amount is only $14,337, the remaining portion of his withdrawal ($35,663) is considered an Excess
Withdrawal.
(W)
At the time of the Excess Withdrawal,
the Benefit Base is reduced because the Contract Value minus the non-excess part of the withdrawal ($201,496 – $14,337 = $187,159)
is less than the Benefit Base ($265,498). The Benefit Base is reduced in the same proportion that the excess part of the withdrawal reduces
the Contract Value less the non-excess part of the withdrawal: 19.1% = ($50,000 – $14,337) / ($201,496 – $14,337). After
the Excess Withdrawal, the reduced Benefit Base equals $214,907, which is the prior Benefit Base of $265,498 reduced by 19.1%.
118
Assumptions (Advance Option Elected):
?
•
Joe,
60 years old on the Issue Date
?
•
Purchased
the SecurePay Income Rider at time of Contract Purchase
?
•
Elected
Single Life Coverage, Advance 10
?
•
Began
making SecurePay Withdrawals 11 years after the Rider Issue Date
?
•
Because
Joe was 70 on the Contract Anniversary when he began taking withdrawals, he received the SecurePay Income Advance 10 withdrawal rate of
7.35%
?
•
10
years after the Benefit Election Date, Joe received the SecurePay Income Advance 10 Lifetime withdrawal rate of 4.30%
| |
Contract Year |
| |
End of Year Attained Age |
| |
Roll Up Percentage |
| |
Maximum Allowed Withdrawal Percentage |
| |
Purchase Payments |
| |
Actual Withdrawals |
| |
Annual Withdrawal Amount |
| |
Annual Withdrawal Amount Balance |
| |
Excess Withdrawal |
| |
Hypothetical Contract Value |
| |
Highest Quarterly Value |
| |
SecurePay Roll—Up Value |
| |
End of Year Benefit Base |
| ||||||||||||||||||||||||||||||||||||
| |
At issue |
| | | | 60 | | | | | | | | | | | | | | | | | | 100,000 | | | | | | N/A | | | | | | — | | | | | | — | | | | | | — | | | | | | 100,000 | | | | | | — | | | | | | 100,000 (A) | | | | | | 100,000 (A) | | |
| |
1 |
| | | | 61 | | | | | | 5.5% | | | | | | 6.25% | | | | | | 50,000 (B) | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 153,975 | | | | | | 153,975 | | | | | | 155,500 (C) | | | | | | 155,500 (D) | | |
| |
2 |
| | | | 62 | | | | | | 5.5% | | | | | | 6.45% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 161,676 | | | | | | 161,676 | | | | | | 164,053 (E) | | | | | | 164,053 (F) | | |
| |
3 |
| | | | 63 | | | | | | 5.5% | | | | | | 6.65% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 173,698 | | | | | | 173,698 | | | | | | 173,075 (G) | | | | | | 173,698 (H) | | |
| |
4 |
| | | | 64 | | | | | | 5.5% | | | | | | 6.85% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 176,543 | | | | | | 176,543 | | | | | | 183,251 | | | | | | 183,251 (I) | | |
| |
5 |
| | | | 65 | | | | | | 5.5% | | | | | | 7.05% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 185,796 | | | | | | 185,796 | | | | | | 193,330 | | | | | | 193,330 (J) | | |
| |
6 |
| | | | 66 | | | | | | 5.5% | | | | | | 7.10% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 192,345 | | | | | | 192,345 | | | | | | 203,963 | | | | | | 203,963 (K) | | |
| |
7Q1 |
| | | | 67 | | | | | | 5.5% | | | | | | 7.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 228,976 | | | | | | — | | | | | | 203,963 | | | | | | 203,963 | | |
| |
7Q2 |
| | | | 67 | | | | | | 5.5% | | | | | | 7.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 230,065 | | | | | | — | | | | | | 203,963 | | | | | | 203,963 | | |
| |
7Q3 |
| | | | 67 | | | | | | 5.5% | | | | | | 7.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 235,765 | | | | | | — | | | | | | 203,963 | | | | | | 203,963 | | |
| |
7Q4 |
| | | | 67 | | | | | | 5.5% | | | | | | 7.15% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 232,976 | | | | | | 235,765 (L) | | | | | | 215,181 | | | | | | 235,765 (M) | | |
| |
8 |
| | | | 68 | | | | | | 5.5% | | | | | | 7.20% | | | | | | — | | | | | | 10,000 (N) | | | | | | — | | | | | | — | | | | | | — | | | | | | 228,630 | | | | | | 228,630 | | | | | | 238,309 (O) | | | | | | 238,309 (P) | | |
| |
9 |
| | | | 69 | | | | | | 5.5% | | | | | | 7.25% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 249,675 | | | | | | 249,675 | | | | | | 251,416 | | | | | | 251,416 | | |
| |
10 |
| | | | 70 | | | | | | 5.5% | | | | | | 7.30% | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | — | | | | | | 265,498 | | | | | | 265,498 | | | | | | 265,244 | | | | | | 265,498 (Q) | | |
| |
11 |
| | | | 71 | | | | | | 0% (R) | | | | | | 7.35% | | | | | | — | | | | | | 19,514 | | | | | | 19,514 (S) | | | | | | — | | | | | | — | | | | | | 256,438 | | | | | | 256,438 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
12 |
| | | | 72 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 19,514 | | | | | | 19,514 (S) | | | | | | — | | | | | | — | | | | | | 245,854 | | | | | | 245,854 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
13 |
| | | | 73 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 19,514 | | | | | | 19,514 (S) | | | | | | — | | | | | | — | | | | | | 243,965 | | | | | | 243,965 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
14 |
| | | | 74 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 5,000 | | | | | | 19,514 (T) | | | | | | 14,514 (T) | | | | | | — | | | | | | 240,951 | | | | | | 240,951 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
15 |
| | | | 75 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 19,514 | | | | | | 19,514 (U) | | | | | | — | | | | | | — | | | | | | 236,710 | | | | | | 236,710 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
16 |
| | | | 76 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 19,514 | | | | | | 19,514 (U) | | | | | | — | | | | | | - | | | | | | 227,843 | | | | | | 227,843 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
17 |
| | | | 77 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 19,514 | | | | | | 19,514 (U) | | | | | | — | | | | | | — | | | | | | 201,496 | | | | | | 201,496 | | | | | | 265,244 | | | | | | 265,498 | | |
| |
18 |
| | | | 78 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 50,000 | | | | | | 19,514 (V) | | | | | | — | | | | | | 30,486 (V) | | | | | | 161,985 | | | | | | 161,985 | | | | | | 220,810 | | | | | | 221,021 (W) | | |
| |
19 |
| | | | 79 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 16,245 | | | | | | 16,245 (X) | | | | | | — | | | | | | — | | | | | | 145,128 | | | | | | 145,128 | | | | | | 220,810 | | | | | | 221,021 | | |
| |
20 |
| | | | 80 | | | | | | 0% | | | | | | 7.35% | | | | | | — | | | | | | 16,245 | | | | | | 16,245 (X) | | | | | | — | | | | | | — | | | | | | 128,271 | | | | | | 128,271 | | | | | | 220,810 | | | | | | 221,021 | | |
| |
21 |
| | | | 81 | | | | | | 0% | | | | | | 4.30% (Y) | | | | | | — | | | | | | 9,504 | | | | | | 9,504 (Z) | | | | | | — | | | | | | — | | | | | | 118,155 | | | | | | 118,155 | | | | | | 220,810 | | | | | | 221,021 | | |
| |
22 |
| | | | 82 | | | | | | 0% | | | | | | 4.30% | | | | | | — | | | | | | 9,504 | | | | | | 9,504 (Z) | | | | | | — | | | | | | — | | | | | | 108,039 | | | | | | 108,039 | | | | | | 220,810 | | | | | | 221,021 | | |
| |
23 |
| | | | 83 | | | | | | 0% | | | | | | 4.30% | | | | | | — | | | | | | 9,504 | | | | | | 9,504 (Z) | | | | | | — | | | | | | — | | | | | | 97,923 | | | | | | 97,923 | | | | | | 220,810 | | | | | | 221,021 | | |
| |
24 |
| | | | 84 | | | | | | 0% | | | | | | 4.30% | | | | | | — | | | | | | 9,504 | | | | | | 9,504 (Z) | | | | | | — | | | | | | — | | | | | | 87,807 | | | | | | 87,807 | | | | | | 220,810 | | | | | | 221,021 | | |
| |
25 |
| | | | 85 | | | | | | 0% | | | | | | 4.30% | | | | | | — | | | | | | 9,504 | | | | | | 9,504 (Z) | | | | | | — | | | | | | — | | | | | | 77,691 | | | | | | 77,691 | | | | | | 220,810 | | | | | | 221,021 | | |
?
(A)
The initial Benefit Base is equal to the initial Purchase Payment of $100,000.
?
(B)
The
$50,000 Purchase Payment is added to the current Benefit Base of $100,000 (no purchase payments are allowed beyond the second
contract anniversary since SecurePay Income was purchased). The new Benefit Base is $150,000.
?
(C)
The
SecurePay Roll-Up Value is equal to the most recently calculated Benefit Base ($150,000) plus 5.5% of the Benefit Base on the previous
contract anniversary (5.5% of $100,000).
?
(D)
The
recalculated Benefit Base is equal to the greatest of the Benefit Base on that anniversary, the Highest Quarterly Value, and the SecurePay
Roll-Up Value (the greatest of $150,000, $153,975, and $155,500, respectively).
119
?
(E)
The SecurePay Roll-Up Value is equal to the most
recently calculated Benefit Base ($155,500) plus 5.5% of the Benefit Base on the previous contract anniversary (5.5% of $155,500).
?
(F)
The recalculated
Benefit Base is equal to the greatest of the Benefit Base on that anniversary, the Highest Quarterly Value, and the SecurePay Roll-Up
Value (the greatest of $155,500, $161,676, and $164,053, respectively).
?
(G)
The SecurePay
Roll-Up Value is equal to the most recently calculated Benefit Base ($164,053) plus 5.5% of the Benefit Base on the previous contract
anniversary (5.5% of $164,053).
?
(H)
The SecurePay Roll-Up Value ($173,075) is compared to the Contract Value ($173,698).
?
(I)
The recalculated
Benefit Base is equal to the SecurePay Roll-Up Value since it is higher than the Highest Quarterly Value of $176,543.
?
(J)
The SecurePay Roll-Up Value ($193,330) is compared to the Contract Value ($185,796).
?
(K)
The recalculated
Benefit Base is equal to the SecurePay Roll-Up Value since it is higher than the Highest Quarterly Value of $192,345.
?
(L)
In year 7, the Highest Quarterly Value occurs at the third quarterly anniversary ($235,765).
?
(M)
The SecurePay Roll-Up Value ($215,181) is compared to the Highest Quarterly Value ($235,765).
?
(N)
The Benefit
Base is reduced due to the $10,000 withdrawal in the same proportion that the withdrawal reduces the Contract Value. The Benefit Base
is reduced by 4.2%. The 4.2% reduction is determined by dividing the withdrawal amount ($10,000) by the Contract Value prior to the withdrawal
($238,630). After the withdrawal, the reduced Benefit Base equals $225,885, which is the prior Benefit Base of $235,765 reduced
by 4.2%.
?
(O)
The Roll-Up
Guaranteed increase is also reduced in the same proportion that the withdrawal reduces the Contract Value, 4.2%. The Roll-Up Guaranteed
Increase is $16,264. The Roll-Up Guaranteed Increase of $16,264 is equal to the Roll-Up Percentage 5.50% multiplied by the Benefit
Base at the end of the prior year $235,765 and then reduced by the proportion that the withdrawal reduced the Contract Value (4.2%). The
Roll-Up Value is then calculated by adding the adjusted Roll-Up Guaranteed amount to the adjusted Benefit Base ($225,885 + $16,264 = $238,309).
?
(P)
The recalculated
Benefit Base is equal to $238,309. The recalculated Benefit Base is equal to the greatest of: 1) the Benefit Base on that anniversary
after the withdrawal adjustment ($225,885) 2) the Highest Quarterly Value ($228,630) and 3) the SecurePay Roll-Up Value after the withdrawal
adjustment ($238,309).
?
(Q)
The recalculated
Benefit Base is equal to the Highest Quarterly Value since it is higher than the SecurePay Roll-Up Value of ($265,244).
?
(R)
The Roll-Up Period stops after the Benefit Election Date.
?
(S)
For the next
three years, Joe takes the full Annual Withdrawal Amount of $19,514. The full Annual Withdrawal Amount of $19,514 is determined
by multiplying the Benefit Base ($265,498) by the Maximum Allowed Withdrawal Percentage (7.35%).
?
(T)
In year 14,
Joe only takes $5,000 of the available $19,514. The remaining $14,514 is not carried over to the next year.
?
(U)
For years 15-17,
Joe takes the full Annual Withdrawal Amount of $19,514, which equals the Benefit Base ($265,498) multiplied by the Maximum Allowed
Withdrawal Percentage (7.35%).
?
(V)
In year 18,
Joe takes a $50,000 withdrawal. Since the Annual Withdrawal Amount is only $19,514, the remaining portion of his withdrawal ($30,486)
is considered an Excess Withdrawal.
?
(W)
At the time
of the Excess Withdrawal, the Benefit Base is reduced because the Contract Value minus the non-excess part of the withdrawal ($201,496
– $19,514 = $181,982) is less than the Benefit Base ($265,498). The Benefit Base is reduced in the same proportion that the excess
part of the withdrawal reduces the Contract Value less the non-excess part of the withdrawal: 16.8% = ($50,000 – $19,514)/($201,496
– $19,514). After the Excess Withdrawal, the reduced Benefit Base equals $221,021, which is the prior Benefit Base of $265,498
reduced by 16.8%.
?
(X)
For years 19-20,
Joe takes the full Annual Withdrawal Amount of $16,245, which equals the new Benefit Base ($221,021) from W multiplied by the
Maximum Allowed Withdrawal Percentage (7.35%).
?
(Y)
In year 21,
10 years after the Benefit Election Date, the withdrawal rate changes from the Advance 10 rate of (7.35%) to the Lifetime withdrawal rate
of (4.30%).
?
(Z)
For years 21-25,
Joe takes the full Annual Withdrawal Amount of $9,504, which equals the new Benefit Base ($221,021) from W multiplied by the Maximum
Allowed Withdrawal Percentage (4.30%).
120
APPENDIX: EXAMPLE OF PREMIUM BASED
CHARGE
|
Current Purchase Payment Plus All Prior Purchase Payments Applied to the Contract
|
| |
Quarterly Premium-Based Charge Percentage |
| |
Annual Equivalent |
| ||||||
|
Less than $50,000 |
| | | | 0.1750% | | | | | | 0.70% | | |
|
At least $50,000 but less than $100,000 |
| | | | 0.1600% | | | | | | 0.64% | | |
|
At least $100,000 but less than $250,000 |
| | | | 0.1250% | | | | | | 0.50% | | |
|
At least $250,000 but less than $500,000 |
| | | | 0.0875% | | | | | | 0.35% | | |
|
At least $500,000 but less than $1,000,000 |
| | | | 0.0625% | | | | | | 0.25% | | |
|
At least $1,000,000 |
| | | | 0.0375% | | | | | | 0.15% | | |
Assume an initial Purchase Payment of $95,000 is made on the Issue
Date, followed by a subsequent Purchase Payment of $80,000 made 2 months later. Then 3 years after the Issue Date, assume
another Purchase Payment of $75,000 is made (no Purchase Payments are allowed beyond the second Contract Anniversary for Contracts with
the SecurePay Income rider).
After 3 months, the first quarterly premium based charge of $218.75
is collected:
$95,000 x 0.1250% + $80,000 x 0.1250% = $218.75
Please note that since the second Purchase Payment is received less than 90 days
after the Issue Date, it is aggregated with the first Purchase Payment in determining the applicable quarterly Premium Based Charge percentage.
This quarterly premium based charge amount continues to be assessed at 3-month
intervals through the third Contract Anniversary (at which point, a new Purchase Payment is received). Three months later, the quarterly
premium based charge is recalculated as follows:
$95,000 x 0.1250% + $80,000 x 0.1250% + $75,000 x 0.0875% = $284.38
The quarterly premium based charge remains at this level, assessed at 3-month
intervals through the seventh Contract Anniversary. After this point, the first 2 Purchase Payments fall outside of the 7-year charge
window. Three month later, the quarterly premium based charge amount is recalculated as follows:
$75,000 x 0.0875% = $65.63
This quarterly premium based charge amount would be assessed at 3-month intervals
through the tenth Contract Anniversary. After this point, the final Purchase Payment will fall outside of the 7-year charge window, and
the quarterly premium based charge would be $0.
Once a Premium Based Charge percentage is established
for any Purchase Payment, such percentage is fixed and will not change even if additional Purchase Payments are made or withdrawals
are taken.
121
APPENDIX: VARIATIONS OF RIGHT TO
CANCEL DEADLINES AFTER RECEIPT OF CONTRACT BY OWNER, BY STATE
| | |
STATE |
| | |
Deadline for New Contract Purchase
|
| | |
Deadline Replacement Contract Purchase
|
| |
| | | AL | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | AK | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | AZ | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | AZ – Senior (A) | | | | within thirty (30) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | AR | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | CA | | | | within twenty (20) days for greater of return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | CA – Senior (B) | | | | within thirty (30) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | CO | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | CT (C) | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | DE | | | | within ten (10) days for a return of Contract Value | | | | within twenty (20) days for a return of Contract Value | | |
| | | DC | | | | within ten (10) days for a return of Contract Value | | | | within ten (10) days for a return of Contract Value | | |
| | | FL | | | | within thirty (30) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | GA | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | HI | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | ID | | | | within twenty (20) days for greater of return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | IL | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | IN | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | IA | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | KS | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | KY | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | LA | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
122
| | |
STATE |
| | |
Deadline for New Contract Purchase
|
| | |
Deadline Replacement Contract Purchase
|
| |
| | | ME | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | MD | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | MA | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | MI | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | MN | | | | within twenty (20) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | MS | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | MO | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | MT | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | NE | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | NV | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | NH | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | NJ | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | NM | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | NY | | | | within ten (10) days for a return of Contract Value | | | | within sixty (60) days for a return of Contract Value | | |
| | | NC | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | ND | | | | within twenty (20) days for a return of Contract Value | | | | within twenty (20) days for a return of Contract Value | | |
| | | OH | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | OK | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | OR | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | PA | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | RI | | | | within twenty (20) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
123
| | |
STATE |
| | |
Deadline for New Contract Purchase
|
| | |
Deadline Replacement Contract Purchase
|
| |
| | | SC | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | SD | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | TN | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | TX | | | | within twenty (20) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | UT | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | VT | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | VA | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | WA | | | | within ten (10) days for greater of Return of Purchase Payments & Contract Value | | | | within thirty (30) days for greater of Return of Purchase Payments & Contract Value | | |
| | | WV | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | WI | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
| | | WY | | | | within ten (10) days for a return of Contract Value | | | | within thirty (30) days for a return of Contract Value | | |
(A)
“Seniors” are defined as “any owner or annuitant 65 years old or older on contract
issue date”
(B)
“Seniors” are defined as “any owner or annuitant 60 years old or older on contract
issue date”
(C)
If the Annuity is cancelled before it is issued, the premium is returned
124
APPENDIX: SUPERCEDED RATE SHEET PROSPECTUS
SUPPLEMENT INFORMATION
For Contract Applications signed (or
purchases under a RightTime option) on or after August 12, 2024 but before May 1, 2025:
The current fee for each of the three optional death
benefits available under your Contract are as follows:
| |
Return of Purchase Payments Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.20% | | |
| |
Maximum Anniversary Value Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.35% | | |
| |
Maximum Quarterly Value Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.40% | | |
SECUREPAY FEE
The current SecurePay Fee applicable to your Contract
is as follows:
| |
Purchase of SecurePay Income rider at Contract Purchase (as an annualized percentage
of the Benefit Base) |
| | | | 1.50% | | |
| |
Purchase of SecurePay Income rider under RightTime (as an annualized percentage of the Benefit Base)
|
| | | | 1.50% | | |
The Roll-up Percentage and the Maximum Withdrawal
Percentage applicable to your Contract will not change for the life of your Contract.
ROLL-UP PERCENTAGE
7% (as a percentage of the Benefit Base)
MAXIMUM WITHDRAWAL PERCENTAGE FOR SECUREPAY INCOME
|
Age of (Younger) Covered Person on the Benefit Election Date |
| |
(One Covered Person)
Withdrawal Percentage (as a percentage of the Benefit Base) |
| |
(Two Covered Persons)
Withdrawal Percentage (as a percentage of the Benefit Base) |
| ||||||
| 59.5 | | | | | 5.10% | | | | | | 4.60% | | |
| 61 | | | | | 5.15% | | | | | | 4.65% | | |
| 62 | | | | | 5.25% | | | | | | 4.75% | | |
| 63 | | | | | 5.60% | | | | | | 5.10% | | |
| 64 | | | | | 5.85% | | | | | | 5.35% | | |
| 65 | | | | | 6.20% | | | | | | 5.70% | | |
| 66 | | | | | 6.25% | | | | | | 5.75% | | |
| 67 | | | | | 6.30% | | | | | | 5.80% | | |
| 68 | | | | | 6.35% | | | | | | 5.85% | | |
| 69 | | | | | 6.40% | | | | | | 5.90% | | |
| 70 | | | | | 6.45% | | | | | | 5.95% | | |
| 71 | | | | | 6.50% | | | | | | 6.00% | | |
| 72 | | | | | 6.55% | | | | | | 6.05% | | |
| 73 | | | | | 6.60% | | | | | | 6.10% | | |
| 74 | | | | | 6.65% | | | | | | 6.15% | | |
| 75 | | | | | 6.70% | | | | | | 6.20% | | |
| 76 | | | | | 6.75% | | | | | | 6.25% | | |
| 77 | | | | | 6.80% | | | | | | 6.30% | | |
| 78 | | | | | 6.85% | | | | | | 6.35% | | |
| 79 | | | | | 6.90% | | | | | | 6.40% | | |
| 80 | | | | | 6.95% | | | | | | 6.45% | | |
| 81 | | | | | 7.00% | | | | | | 6.50% | | |
| 82 | | | | | 7.05% | | | | | | 6.55% | | |
| 83 | | | | | 7.10% | | | | | | 6.60% | | |
125
|
Age of (Younger) Covered Person on the Benefit Election Date |
| |
(One Covered Person)
Withdrawal Percentage (as a percentage of the Benefit Base) |
| |
(Two Covered Persons)
Withdrawal Percentage (as a percentage of the Benefit Base) |
| ||||||
| 84 | | | | | 7.15% | | | | | | 6.65% | | |
| 85 | | | | | 7.20% | | | | | | 6.70% | | |
| 86 | | | | | 7.25% | | | | | | 6.75% | | |
| 87 | | | | | 7.30% | | | | | | 6.80% | | |
| 88 | | | | | 7.35% | | | | | | 6.85% | | |
| 89 | | | | | 7.40% | | | | | | 6.90% | | |
| 90+ | | | | | 7.45% | | | | | | 6.95% | | |
For Contract Applications signed
(or purchases under a RightTime option) on or after November 20, 2023 but before August 12, 2024:
The current fee for each of the three optional death
benefits available under your Contract are as follows:
| |
Return of Purchase Payments Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.20% | | |
| |
Maximum Anniversary Value Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.35% | | |
| |
Maximum Quarterly Value Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.40% | | |
SECUREPAY FEE
The current SecurePay Fee applicable to your Contract
is as follows:
| |
Purchase of SecurePay Income rider at Contract Purchase (as an annualized percentage
of the Benefit Base) |
| | | | 1.50% | | |
| |
Purchase of SecurePay Income rider under RightTime (as an annualized percentage of the Benefit Base)
|
| | | | 1.50% | | |
The Roll-up Percentage and the Maximum Withdrawal
Percentage applicable to your Contract will not change for the life of your Contract.
ROLL-UP PERCENTAGE
7% (as a percentage of the Benefit Base)
MAXIMUM WITHDRAWAL PERCENTAGE FOR SECUREPAY INCOME
|
Age of (Younger) Covered Person on the Benefit Election Date |
| |
(One Covered Person)
Withdrawal Percentage (as a percentage of the Benefit Base) |
| |
(Two Covered Persons)
Withdrawal Percentage (as a percentage of the Benefit Base) |
| ||||||
| 59.5 | | | | | 5.10% | | | | | | 4.60% | | |
| 61 | | | | | 5.15% | | | | | | 4.65% | | |
| 62 | | | | | 5.25% | | | | | | 4.75% | | |
| 63 | | | | | 5.60% | | | | | | 5.10% | | |
| 64 | | | | | 5.85% | | | | | | 5.35% | | |
| 65 | | | | | 6.00% | | | | | | 5.50% | | |
| 66 | | | | | 6.05% | | | | | | 5.55% | | |
| 67 | | | | | 6.10% | | | | | | 5.60% | | |
| 68 | | | | | 6.15% | | | | | | 5.65% | | |
| 69 | | | | | 6.20% | | | | | | 5.70% | | |
| 70 | | | | | 6.40% | | | | | | 5.90% | | |
| 71 | | | | | 6.45% | | | | | | 5.95% | | |
| 72 | | | | | 6.50% | | | | | | 6.00% | | |
| 73 | | | | | 6.55% | | | | | | 6.05% | | |
| 74 | | | | | 6.60% | | | | | | 6.10% | | |
| 75 | | | | | 6.65% | | | | | | 6.15% | | |
126
|
Age of (Younger) Covered Person on the Benefit Election Date |
| |
(One Covered Person)
Withdrawal Percentage (as a percentage of the Benefit Base) |
| |
(Two Covered Persons)
Withdrawal Percentage (as a percentage of the Benefit Base) |
| ||||||
| 76 | | | | | 6.70% | | | | | | 6.20% | | |
| 77 | | | | | 6.75% | | | | | | 6.25% | | |
| 78 | | | | | 6.80% | | | | | | 6.30% | | |
| 79 | | | | | 6.85% | | | | | | 6.35% | | |
| 80 | | | | | 6.90% | | | | | | 6.40% | | |
| 81 | | | | | 6.95% | | | | | | 6.45% | | |
| 82 | | | | | 7.00% | | | | | | 6.50% | | |
| 83 | | | | | 7.05% | | | | | | 6.55% | | |
| 84 | | | | | 7.10% | | | | | | 6.60% | | |
| 85 | | | | | 7.15% | | | | | | 6.65% | | |
| 86 | | | | | 7.20% | | | | | | 6.70% | | |
| 87 | | | | | 7.25% | | | | | | 6.75% | | |
| 88 | | | | | 7.30% | | | | | | 6.80% | | |
| 89 | | | | | 7.35% | | | | | | 6.85% | | |
| 90+ | | | | | 7.40% | | | | | | 6.90% | | |
For Contract Applications signed (or purchases under
a RightTime option) on or after December 21, 2022 but before November 20, 2023:
The current fee for each of the three optional death benefits available under
your Contract are as follows:
| |
Return of Purchase Payments Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.20% | | |
| |
Maximum Anniversary Value Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.35% | | |
| |
Maximum Quarterly Value Death Benefit Fee (as an annualized percentage of the death
benefit value on each Monthly Anniversary Date, beginning on the 1st Monthly Anniversary Date) |
| | | | 0.40% | | |
The current SecurePay Fee, charged on Benefit Base, applicable to your
Contract is as follows:
| |
Purchase of SecurePay Income rider at Contract Purchase (as an annualized percentage
of the Benefit Base) |
| | | | 1.50% | | |
| |
Purchase of SecurePay Income rider under RightTime (as an annualized percentage of the Benefit Base)
|
| | | | 1.50% | | |
ROLL-UP PERCENTAGE
7% (as a percentage of the Benefit Base)
MAXIMUM WITHDRAWAL PERCENTAGE FOR SECUREPAY INCOME (as a percentage of the
Benefit Base)
|
Age of (Younger) Covered Person on the Benefit Election Date |
| |
Withdrawal Percentage - (One Covered Person) |
| |
Withdrawal Percentage - (Two Covered Persons) |
| ||||||
| 59.5 | | | | | 4.80% | | | | | | 4.30% | | |
| 61 | | | | | 4.85% | | | | | | 4.35% | | |
| 62 | | | | | 4.95% | | | | | | 4.45% | | |
| 63 | | | | | 5.30% | | | | | | 4.80% | | |
| 64 | | | | | 5.55% | | | | | | 5.05% | | |
| 65 | | | | | 5.65% | | | | | | 5.15% | | |
| 66 | | | | | 5.70% | | | | | | 5.20% | | |
| 67 | | | | | 5.75% | | | | | | 5.25% | | |
| 68 | | | | | 5.80% | | | | | | 5.30% | | |
| 69 | | | | | 5.85% | | | | | | 5.35% | | |
| 70 | | | | | 5.90% | | | | | | 5.40% | | |
127
|
Age of (Younger) Covered Person on the Benefit Election Date |
| |
Withdrawal Percentage - (One Covered Person) |
| |
Withdrawal Percentage - (Two Covered Persons) |
| ||||||
| 71 | | | | | 5.95% | | | | | | 5.45% | | |
| 72 | | | | | 6.00% | | | | | | 5.50% | | |
| 73 | | | | | 6.05% | | | | | | 5.55% | | |
| 74 | | | | | 6.10% | | | | | | 5.60% | | |
| 75 | | | | | 6.15% | | | | | | 5.65% | | |
| 76 | | | | | 6.20% | | | | | | 5.70% | | |
| 77 | | | | | 6.25% | | | | | | 5.75% | | |
| 78 | | | | | 6.30% | | | | | | 5.80% | | |
| 79 | | | | | 6.35% | | | | | | 5.85% | | |
| 80 | | | | | 6.40% | | | | | | 5.90% | | |
| 81 | | | | | 6.45% | | | | | | 5.95% | | |
| 82 | | | | | 6.50% | | | | | | 6.00% | | |
| 83 | | | | | 6.55% | | | | | | 6.05% | | |
| 84 | | | | | 6.60% | | | | | | 6.10% | | |
| 85 | | | | | 6.65% | | | | | | 6.15% | | |
| 86 | | | | | 6.70% | | | | | | 6.20% | | |
| 87 | | | | | 6.75% | | | | | | 6.25% | | |
| 88 | | | | | 6.80% | | | | | | 6.30% | | |
| 89 | | | | | 6.85% | | | | | | 6.35% | | |
| 90+ | | | | | 6.90% | | | | | | 6.40% | | |
128
The Statement of Additional Information, which has been filed with the Securities and Exchange
Commission (“SEC”), contains additional information about the Contract and the Variable Account. The Statement of Additional
Information is dated the same date as this Prospectus and is incorporated herein by reference. You may obtain a copy of the Statement
of Additional Information free of charge by calling us at 1-800-456-6330 or writing to us at
the address shown on the cover page of this Prospectus. You may also obtain an electronic copy of the Statement of Additional Information,
as well as other material that we file electronically and certain material incorporated by reference, at the SEC website (http://www.sec.gov).
Reports and other information about the Protective Variable Annuity Separate
Account are available on the SEC’s website at http://www.sec.gov. Copies of the information may be obtained, upon payment of a
duplicating fee, by electronic request at the following email address: [email protected].
EDGAR Contract Identifier: C000239629
PROTECTIVE LIFE INSURANCE COMPANY
P.O. Box 10648
Birmingham, Alabama 35202-0648
Telephone: 1-800-456-6330
STATEMENT OF ADDITIONAL INFORMATION
PROTECTIVE VARIABLE ANNUITY SEPARATE ACCOUNT
A FLEXIBLE PREMIUM
DEFERRED VARIABLE AND FIXED ANNUITY CONTRACT
This Statement of Additional Information ("SAI") contains information in addition to the information described in the Prospectus for the individual flexible premium deferred variable and fixed annuity contract (the "Contract") offered by Protective Life Insurance Company (the "Company"). This Statement of Additional Information is not a prospectus. It should be read only in conjunction with the Prospectus for the Contract and the prospectuses for the Funds. Those prospectuses provide detailed information concerning the Contract and the variable investment options that fund the Contract. Each variable investment option is a subaccount of the Company's Protective Variable Annuity Separate Account. Definitions of special terms used in the SAI are found in the Prospectus for the Contract. The Prospectus for the Contract is dated May 1, 2025. You may obtain a copy of the Prospectus by writing us at P.O. Box 10648, Birmingham, Alabama 35202-0648 or calling us toll free at 1-800-456-6330.
THE DATE OF THIS STATEMENT OF ADDITIONAL INFORMATION IS MAY 1, 2025.
STATEMENT OF ADDITIONAL INFORMATION
TABLE OF CONTENTS
| Page | |||
| THE COMPANY | 1 | ||
| SAFEKEEPING OF ACCOUNT ASSETS | 1 | ||
| RECORDS AND REPORTS | 1 | ||
| EXPERTS | 1 | ||
| FINANCIAL STATEMENTS | 2 | ||
THE COMPANY
We are Protective Life Insurance Company (the "Company", "we," "our," "us" and "Protective Life"), a Nebraska corporation. Following its receipt of an Order Approving Redomestication on December 20, 2024, Protective Life redomesticated from Tennessee to Nebraska, and became an insurance company domiciled in the State of Nebraska as of December 31, 2024. Protective Life is the principal operating subsidiary of Protective Life Corporation ("PLC"), a U.S. insurance holding company and a wholly-owned subsidiary of Dai-ichi Life Holdings, Inc. ("Dai-ichi"). Dai-ichi's stock is traded on the Tokyo Stock Exchange. No other company has any legal responsibility to pay amounts that the Company owes under the Contracts. The Company is solely responsible for paying all amounts owed to you under the Contract.
SAFEKEEPING OF ACCOUNT ASSETS
Title to the assets of the Variable Account is held by Protective Life. The assets are kept physically segregated and held separate and apart from the Company's general account assets and from the assets in any other separate account.
Records are maintained of all purchases and redemptions of Fund shares held by each of the Sub-Accounts.
The officers and employees of Protective Life are covered by an insurance company blanket bond issued in the amount of $50 million dollars. The bond insures against dishonest and fraudulent acts of officers and employees.
RECORDS AND REPORTS
Protective Life will maintain all records and accounts relating to the Variable Account. As presently required by the 1940 Act and regulations promulgated thereunder, reports containing such information as may be required under the Act or by any other applicable law or regulation will be sent to Owner(s) periodically at the last known address.
EXPERTS
The financial statements of the subaccounts that comprise Protective Variable Annuity Separate Account as of December 31, 2024, and for each of the years or periods presented, have been incorporated by reference in this Statement of Additional Information in reliance upon the report 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 statutory financial statements of Protective Life Insurance Company as of December 31, 2024 and 2023, and for each of the years in the three-year period ended December 31, 2024, have been incorporated by reference in this Statement of Additional Information in reliance upon the report 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 audit report covering the December 31, 2024 statutory financial statements includes explanatory language that states that the financial statements are prepared by Protective Life Insurance Company using statutory accounting practices prescribed or permitted by the Nebraska Department of Insurance, which is a basis of accounting other than U.S. generally accepted accounting principles. Accordingly, the audit report states that the financial statements are not intended to be and, therefore, 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 Nebraska Department of Insurance.
The audit report covering the December 31, 2024 statutory financial statements contains an emphasis of matter paragraph stating that the Company was re-domesticated from Tennessee to Nebraska effective December 20, 2024. Accordingly, the audit report states the opinions are not modified with respect to this matter.
The business address for KPMG LLP is 420 20th Street North, Suite 1800, Birmingham, Alabama 35203.
1
FINANCIAL STATEMENTS
The audited statements of assets and liabilities of the subaccounts that comprise Protective Variable Annuity Separate Account as of December 31, 2024, and the related statements of operations for the year or period then ended, and the statements of changes in net assets for each of the years or periods in the two-year period then ended as well as the Report of Independent Registered Public Accounting Firm are incorporated into the Statement of Additional Information by reference to the Variable Account's Form N-VPFS, File No. 811-08108, filed with the SEC on April 16, 2025.
The audited statutory statements of admitted assets, liabilities, and capital and surplus of Protective Life Insurance Company as of December 31, 2024 and 2023, and the related statutory statements of operations, changes in capital and surplus, and cash flow for each of the years in the three-year period ended December 31, 2024 as well as the Independent Auditors' Report are incorporated into the Statement of Additional Information by reference to the Variable Account's Form N-VPFS, File No. 811-08108, filed with the SEC on April 7, 2025. Protective Life's audited statutory financial statements should be considered only as bearing on its ability to meet its obligations under the Contracts. They should not be considered as bearing on the investment performance of the assets held in the Variable Account.
2
PART C
OTHER INFORMATION
Item 27. Exhibits
(a) Board of Directors Resolutions
(a) (1) Resolution of the Board of Directors of Protective Life Insurance Company authorizing establishment of the Protective Variable Annuity Separate Account is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-233415), filed with the Commission on August 22, 2019.
(b) Custodial Agreements - Not Applicable
(c) Underwriting Contracts
(c) (1) Distribution Agreement among Protective Life Insurance Company, Investment Distributors, Inc. and the Protective Variable Annuity Separate Account is incorporated herein by reference to the Form N-4 Registration Statement, (File No. 333-233415), filed with the Commission on August 22, 2019.
(c) (2) Distribution Agreement between Investment Distributors, Inc. and broker-dealers is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-233415), filed with the Commission on August 22, 2019.
(c) (3) Distribution Agreement between IDI and PLICO is incorporated herein by reference to Post-Effective Amendment No. 8 to the Form N-4 Registration Statement (File No. 333-153041), filed with the Commission on September 16, 2011.
(c) (3) (i) Second Amended Distribution Agreement dated October 24, 2013 (PLICO-IDI) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-190294), filed with the Commission on April 25, 2014.
(c) (3) (ii) Revised Second Amended Distribution Agreement dated June 1, 2018 (PLICO-IDI) is incorporated herein by reference to Post-Effective Amendment No. 26 to the Form N-4 Registration Statement (File No. 333-112892), filed with the Commission on July 20, 2018.
(c) (3) (iii) Amendment No. 1 to the Second Amended Distribution Agreement (PLICO-IDI) is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-240102), filed with the Commission on July 27, 2020.
(c) (3) (iv) Revised Schedule to Second Amended Distribution Agreement between IDI and PLICO is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240102), filed with the Commission on November 25, 2020.
(d) Contracts (including Riders and Endorsements)
(d) (1) Dimensions V Contract is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (2) Dimensions V Contract Schedule is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on December 15, 2022.
(d) (3) Guaranteed Account Endorsement is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
C-1
(d) (4) Waiver or Surrender Charge for Terminal Condition or Nursing Facility Confinement is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (5) Return of Purchase Payments Death Benefit Rider is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (6) Maximum Anniversary Value Death Benefit Rider is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (7) Maximum Quarterly Value Death Benefit Rider is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (8) SecurePay Income Rider is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on December 15, 2022.
(d) (9) SecurePay Income Spousal Continuation Rider is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on December 15, 2022.
(d) (10) Investment Options Table for the SecurePay Income Rider is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on December 15, 2022.
(d) (11) Enhanced Death Benefit Rider for the SecurePay Income Rider is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on December 15, 2022.
(d) (12) Nursing Home Endorsement is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (13) Qualified Plan Endorsement is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (14) Traditional IRA Endorsement is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (15) Roth IRA Endorsement is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(d) (16) Protected Lifetime Income Benefit Rider is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on February 14, 2025.
(d) (17) Protected Lifetime Income Benefit Spousal Rider is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on February 14, 2025.
(d) (18) Maximum Daily Value Death Benefit Rider is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on February 14, 2025.
(e) Applications
(e) (1) Dimensions V Application is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on December 15, 2022.
(f) Insurance Company's Certificate of Incorporation and By-Laws
(f) (1) 2020 Amended and Restated Charter of Protective Life Insurance Company is incorporated herein by reference to Post-Effective Amendment No. 9 to the Form N-4 Registration Statement (File No. 333-201919), filed with the Commission on February 11, 2021.
(f) (2) 2020 Amended and Restated By-laws of Protective Life Insurance Company is incorporated herein by reference to Post-Effective Amendment No. 9 to the Form N-4 Registration Statement (File No. 333-201919), filed with the Commission on February 11, 2021.
(g) Reinsurance Contracts - Not Applicable
(h) Participation Agreements
(h) (1) Participation Agreement dated April 30, 2002 (Lord Abbett Series Fund) is incorporated herein by reference to Post-Effective Amendment No. 3 to the Form N-4 Registration Statement (File No. 333-94047), filed with the Commission on April 25, 2002.
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(h) (1) (i) Rule 22c-2 Shareholder Information Agreement (Lord Abbett Series Fund) is incorporated herein by reference to Post-Effective Amendment No. 17 to the Form N-4 Registration Statement (File No. 33-70984), filed with the Commission on April 27, 2007.
(h) (1) (ii) Amendment dated April 28, 2022 (Lord Abbett Series Fund) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the N-4 Registration Statement (File No. 333-261426), filed July 5, 2022.
(h) (2) Participation Agreement dated December 19, 2003 (Goldman Sachs Variable Insurance Trust) is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-112892), filed with the Commission on February 17, 2004.
(h) (2) (i) Rule 22c-2 Shareholder Information Agreement dated April 11, 2007 (Goldman Sachs Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 17 to the Form N-4 Registration Statement (File No. 33-70984), filed with the Commission on April 27, 2007.
(h) (2) (ii) Amendment dated April 12, 2011 to Participation Agreement re Summary Prospectus (Goldman Sachs Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 19 to the Form N-4 Registration Statement (File No. 333-113070), filed with the Commission on April 25, 2011.
(h) (2) (iii) Amendment dated December 22, 2020 to Participation Agreement (Goldman Sachs Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (2) (iv) Amendment dated April 12, 2021 to Participation Agreement (Goldman Sachs Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (2) (v) Amendment dated March 24, 2022 to Participation Agreement (Goldman Sachs Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240102), filed with the Commission on April 15, 2022.
(h) (2) (vi) Amendment dated December 15, 2022 to Participation Agreement (Goldman Sachs Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(h) (2) (vii) Amendment dated April 23, 2024 to Participation Agreement (Goldman Sachs Variable Insurance Trust) is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on February 14, 2025.
(h) (3) Participation Agreement dated April 11, 2007 (Fidelity Variable Insurance Products) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (3) (i) Rule 22c-2 Shareholder Information Agreement (Fidelity Variable Insurance Products) is incorporated herein by reference to Post-Effective Amendment No. 17 to the Form N-4 Registration Statement (File No. 33-70984), filed with the Commission on April 27, 2007.
(h) (3) (ii) Amendment dated October 15, 2020 to Participation Agreement (Fidelity Variable Insurance Products) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (3) (iii) Amendment dated October 11, 2021 to Participation Agreement (Fidelity Variable Insurance Products) is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-261426), filed with the Commission on November 30, 2021.
(h) (3) (iv) Amendment dated March 10, 2022 to Participation Agreement (Fidelity Variable Insurance Products) is incorporated herein by reference to Post-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240102), filed with the Commission on April 15, 2022.
(h) (3) (v) Amendment dated December 15, 2022 to Participation Agreement (Fidelity Variable Insurance Products) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(h) (4) Participation Agreement dated February 1, 2015 (Franklin Templeton Variable Insurance Products Trust) is incorporated herein by reference to Post-Effective Amendment No. 12 to the Form N-4 Registration Statement (File No. 333-190294), as filed with the Commission on April 28, 2021.
(h) (4) (i) Rule 22c-2 Shareholder Information Agreement (Franklin Templeton Variable Insurance Products Trust) is incorporated herein by reference to Post-Effective Amendment No. 17 to the Form N-4 Registration Statement (File No. 33-70984), filed with the Commission on April 27, 2007.
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(h) (4) (ii) Participation Agreement dated November 30, 2020 (Franklin Templeton Variable Insurance Products Trust) is incorporated herein by reference to Post-Effective Amendment No. 9 to the Form N-4 Registration Statement (File No. 333-201919), filed with the Commission on February 11, 2021.
(h) (4) (iii) Addendum dated November 30, 2020 to Participation Agreement (Franklin Templeton Variable Insurance Products Trust) is incorporated herein by reference to Post-Effective Amendment No. 9 to the Form N-4 Registration Statement (File No. 333-201919), filed with the Commission on February 11, 2021.
(h) (4) (iv) Amendment dated March 31, 2021 to Participation Agreement (Franklin Templeton Variable Insurance Products Trust) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (4) (v) Amendment dated April 1, 2022 to Participation Agreement (Franklin Templeton Variable Insurance Products Trust) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the N-4 Registration Statement (File No. 333-261426), filed July 5, 2022.
(h) (4) (vi) Amendment dated November 1, 2022 to Participation Agreement (Franklin Templeton Variable Insurance Products Trust) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(h) (5) Participation Agreement dated June 18, 2015 (American Funds) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (5) (i) Rule 22c-2 Shareholder Information Agreement (American Funds) is incorporated herein by reference to Post-Effective Amendment No. 11 to the Form N-4 Registration Statement (File No. 333-113070), filed with the Commission on April 30, 2008.
(h) (5) (ii) Amendment dated October 1, 2019 to Participation Agreement (American Funds) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (5) (iii) Amendment dated November 25, 2020 to Participation Agreement (American Funds) is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-6 Registration Statement (File No. 333-248236), filed with the Commission on December 16, 2020.
(h) (5) (iv) Amendment dated March 22, 2021 to Participation Agreement (American Funds) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File 333-240192), filed with the Commission on April 16, 2021.
(h) (5) (v) Amendment dated April 29, 2022 to Participation Agreement (American Funds) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the N-4 Registration Statement (File No. 333-261426), filed July 5, 2022.
(h) (5) (vi) Amendment dated August 1, 2022 to Participation Agreement (American Funds) is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(h) (6) Participation Agreement dated November 1, 2009 (Legg Mason) is incorporated herein by reference to Post-Effective Amendment No. 15 to the Form N-4 Registration Statement (File No. 333-113070), filed with the Commission on October 28, 2009.
(h) (6) (i) Amendment dated April 11, 2014 to Participation Agreement (Legg Mason) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (6) (ii) Amendment dated September 10, 2019 to Participation Agreement (Legg Mason) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (6) (iii) Amendment dated August 11, 2020 to Participation Agreement (Legg Mason) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (6) (iv) Amendment dated November 30, 2020 to Participation Agreement (Legg Mason) is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-6 Registration Statement (File No. 333-248236), filed with the Commission on December 16, 2020.
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(h) (6) (v) Amendment dated April 7, 2021 to Participation Agreement (Legg Mason) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (6) (vi) Amendment dated October 26, 2022 to Participation Agreement (Legg Mason) is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on December 15, 2022.
(h) (7) Participation Agreement dated November 1, 2009 (PIMCO Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 15 to the Form N-4 Registration Statement (File No. 333-113070), filed with the Commission on October 28, 2009.
(h) (7) (i) Novation of and Amendment dated April 25, 2011 to Participation Agreement (PIMCO Variable Insurance Trust) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (7) (ii) Amendment dated April 25, 2011 to Participation Agreement re Summary Prospectuses (PIMCO Variable Insurance Trust) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (7) (iii) Amendment dated September 1, 2020 to Participation Agreement (PIMCO Variable Insurance Trust) is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-6 Registration Statement (File No. 333-248236), filed with the Commission on December 16, 2020.
(h) (7) (iv) Amendment dated April 2, 2021 to Participation Agreement (PIMCO Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (7) (v) Amendment dated August 9, 2022 to Participation Agreement (PIMCO Variable Insurance Trust) is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on September 9, 2022.
(h) (8) Participation Agreement dated February 1, 2015 (AIM-Invesco Variable Insurance Funds) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on November 25, 2020.
(h) (8) (i) Rule 22c-2 Agreement (AIM-Invesco Variable Insurance Funds) is incorporated herein by reference to Post-Effective Amendment No. 12 to the Form N-4 Registration Statement (File No. 333-179649), as filed with the Commission on August 24, 2016.
(h) (8) (ii) Amendment dated March 22, 2022 to Participation Agreement (AIM-Invesco Variable Insurance Funds) is incorporated herein by reference to Pre-Effective Amendment No. 2 to the N-4 Registration Statement (File No. 333-261426), filed with the Commission on July 5, 2022.
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(h) (9) Participation Agreement dated December 8, 2020 (T. Rowe Price) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (9) (i) Rule 22c-2 Agreement dated December 8, 2020 (T. Rowe Price) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (9) (ii) Amendment dated May 3, 2021 to Participation Agreement (T. Rowe Price) is incorporated herein by reference to Post-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-237747), filed with the Commission on October 18, 2021.
(h) (10) Participation Agreement dated April 12, 2021 (Columbia Funds Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (10) (i) Participation Agreement dated April 12, 2021 (Columbia Funds Variable Insurance Trust II) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (10) (ii) Amendment dated November 23, 2021 (Columbia Funds Variable Insurance Trust II) is incorporated herein by reference to Post-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240102), filed with the Commission on April 15, 2022.
(h) (10) (iii) Amendment dated March 22, 2022 (Columbia Funds Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 2 to the Form N-4 Registration Statement (File No. 333-240102), filed with the Commission on April 15, 2022.
(h) (10) (iv) Amendment dated December 30, 2022 to Participation Agreement (Columbia Funds Variable Insurance Trust) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(h) (10) (v) Amendment dated December 30, 2022 to Participation Agreement (Columbia Funds Variable Insurance Trust II) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(h) (11) Participation Agreement dated December 1, 2020 (BlackRock) is incorporated herein by reference to Pre-Effective Amendment No. 1 to the Form N-6 Registration Statement (File No. 333-248236), filed with the Commission on December 16, 2020.
(h) (11) (i) Amendment dated May 1, 2021 to Participation Agreement (BlackRock) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (11) (ii) Amendment dated April 1, 2022 to Participation Agreement (BlackRock) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(h) (11) (iii)Amendment dated September 16, 2022 to Participation Agreement (BlackRock) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(h) (12) Participation Agreement dated December 16, 2020 (Alliance Bernstein) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (12) (i) Amendment dated March 15, 2021 to Participation Agreement (Alliance Bernstein) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-240192), filed with the Commission on April 16, 2021.
(h) (12) (ii) Amendment dated January 1, 2023 to Participation Agreement (Alliance Bernstein) is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(h) (12) (iii) Amendment dated April 1, 2024 to Participation Agreement (Alliance Bernstein) is incorporated herein by reference to Post-Effective Amendment No. 3 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 19, 2024.
(h) (13) Participation Agreement dated May 1, 2023 (Lincoln Variable Insurance Products Trust) is incorporated herein by reference to Post-Effective Amendment No. 3 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 19, 2024.
(h) (13) (i) Amendment dated April 29, 2024 to Participation Agreement (Lincoln Variable Insurance Products Trust) is incorporated herein by reference to Post-Effective Amendment No. 3 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 19, 2024.
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(i) Administrative Contracts - Not Applicable
(j) Other Material Contracts - Not Applicable
(k) Legal Opinion
(k) (1) Opinion and Consent of Brandon J. Cage, Esq. is incorporated herein by reference to Post-Effective Amendment No. 1 to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on April 20, 2023.
(l) Other Opinions
(l) (1) Consents of KPMG LLP - Filed herein.
(m) Omitted Financial Statements - Not Applicable
(n) Initial Capital Agreements - Not Applicable
(o) Form of Initial Summary Prospectuses is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on February 14, 2025.
(p) Powers of Attorney is incorporated herein by reference to the Form N-4 Registration Statement (File No. 333-267354), filed with the Commission on February 14, 2025.
(q) Letter regarding Change in Certifying Accountant- Not Applicable.
(r) Historical Current Limits on Index Gains – Not Applicable
EX-101.SCH XBRL Taxonomy Extension Schema Document
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Item 28. Directors and Officers of Insurance Company
| Name
and Principal Business Address* | Position and Offices with Insurance Company | |
| Adams, D. Scott | Executive Vice President, Chief Transformation and Strategy Officer | |
| Bartlett, Malcolm Lee | Senior Vice President, Corporate Tax | |
| Bern, Leigh Bynum | Senior Vice President, Chief Financial Actuary, and Appointed Actuary | |
| Bielen, Richard J. | Chairman of the Board, Chief Executive Officer, President, and Director | |
| Black, Lance P. | Executive Vice President, Acquisitions and Corporate Development | |
| Byrd, Kenneth | Senior Vice President, Operations | |
| Cramer, Steve | Senior Vice President, and Chief Product Officer | |
| Creutzmann, Scott E. | Senior Vice President, and Chief Compliance Officer | |
| Drew, Mark L. | Executive Vice President, and Chief Legal Officer | |
| Evesque, Wendy L. | Executive Vice President, and Chief Human Resources Officer | |
| Goldsmith, Lisa M. | Director | |
| Hardeman, James C. | Senior Vice President, Financial Planning and Analysis | |
| Harrison, Wade V. | Executive Vice President, Chief Operating Officer, and Director | |
| Herring, Derry W | Senior Vice President, and Chief Auditor | |
| Karchunas, M. Scott | Senior Vice President, and President, Asset Protection Division | |
| Kohler, Matthew | Senior Vice President, and Chief Information Officer | |
| Kolmin, Russell | Senior Vice President, and Chief Product Officer | |
| Kurtz, Richard J. | Senior Vice President, and Chief Distribution Officer | |
| Laeyendecker, Ronald | Senior Vice President, Executive Benefits Markets | |
| Lassiter, Frank Q. | Vice President, Head of Treasury, and Treasurer | |
| Lawrence, Mary Pat | Senior Vice President, Government Affairs | |
| Lebel, Dominique | Senior Vice President, and Chief Risk Officer | |
| Lee, Felicia M. | Secretary, Vice President, and Senior Counsel | |
| McDonald, Laura Y. | Senior Vice President, and Chief Mortgage and Real Estate Officer | |
| Passafiume, Philip E. | Executive Vice President, Chief Investment Officer, and Director | |
| Peeler, Rachelle R. | Senior Vice President, and Senior Human Resources Partner | |
| Pugh, Barbara N. | Senior Vice President, and Chief Accounting Officer | |
| Ray, Webster M. | Senior Vice President, Investments | |
| Seurkamp, Aaron C. | Senior Vice President, and President, Protection and Retirement Division | |
| Wagner, James | Senior Vice President, and Chief Distribution Officer | |
| Wahlheim, Cary T. | Senior Vice President, and Senior Counsel | |
| Wells, Paul R. | Executive Vice President, Chief Financial Officer, and Director | |
| Whitcomb, John | Senior Vice President, Retirement Operations and Strategic Planning | |
| Williams, Doyle J. | Senior Vice President, and Chief Marketing Officer |
* Unless otherwise indicated, principal business address is 2801 Highway 280 South, Birmingham, Alabama 35223
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Item 29. Persons Controlled by or Under Common Control With the Insurance Company or the Registered Separate Account
The Registered Separate Accountis a segregated asset account of the Company and is therefore owned and controlled by the Company. All of the Company’s outstanding voting common stock is owned by Protective Life Corporation, a subsidiary of Dai-ichi Life Holdings, Inc. Protective Life Corporation is described more fully in the prospectus included in this registration statement.
For more information regarding the company structure of Protective Life Corporation and Dai-ichi Life Holdings, Inc., please refer to the Organizational Chart incorporated herein by reference to the initial Form N-6 Registration Statement (File No. 333-284719), filed with the Commission on February 6, 2025.
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Item 30. Indemnification
Article XI of the By-laws of Protective Life provides, in substance, that any of Protective Life’s directors and officers, who is a party or is threatened to be made a party to any action, suit or proceeding, other than an action by or in the right of Protective Life, by reason of the fact that he is or was an officer or director, shall be indemnified by Protective Life against expenses (including attorneys’ fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such claim, action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of Protective Life and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. If the claim, action or suit is or was by or in the right of Protective Life to procure a judgment in its favor, such person shall be indemnified by Protective Life against expenses (including attorneys’ fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of Protective Life, except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to Protective Life unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. To the extent that a director or officer has been successful on the merits or otherwise in defense of any such action, suit or proceeding, or in defense of any claim, issue or matter therein, he shall be indemnified by Protective Life against expenses (including attorneys’ fees) actually and reasonably incurred by him in connection therewith, not withstanding that he has not been successful on any other claim issue or matter in any such action, suit or proceeding. Unless ordered by a court, indemnification shall be made by Protective Life only as authorized in the specific case upon a determination that indemnification of the officer or director is proper in the circumstances because he has met the applicable standard of conduct. Such determination shall be made (a) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to, or who have been successful on the merits or otherwise with respect to, such claim action, suit or proceeding, or (b) if such a quorum is not obtainable, or, even if obtainable a quorum of disinterested directors so directs, by independent legal counsel in a written opinion or (c) by the shareholders.
In addition, the executive officers and directors are insured by PLC’s Directors’ and Officers’ Liability Insurance Policy including Company Reimbursement and are indemnified by a written contract with PLC which supplements such coverage.
Insofar as indemnification for liability arising under the Securities Act of 1933 may be permitted to directors, officers and controlling persons of the Registrant pursuant to the foregoing provisions, or otherwise, the Registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the Registrant of expenses incurred or paid by a director, officer or controlling person of the Registrant in the successful defense of any 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.
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Item 31. Principal Underwriters
(a) Investment Distributors, Inc. (“IDI”) is the principal underwriter of the Policies as defined in the Investment Company Act of 1940. IDI is also principal underwriter for the Protective Variable Life Separate Account, Protective NY Variable Life Separate Account, PLICO Variable Annuity Account S, Protective COLI VUL, Protective COLI PPVUL, Variable Annuity Separate Account A of Protective Life, PLAIC Variable Annuity Account S, and Protective NY COLI VUL. The principal underwriter, IDI, is also currently distributing units of interest in the following separate accounts: Variable Annuity-1 Series Account, Variable Annuity-1 Series Account of Great West Life & Annuity Insurance Company of New York, Variable Annuity-2 Series Account, Variable Annuity-2 Series Account [New York], Variable Annuity-3 Series Account, COLI VUL-2 Series Account, COLI VUL-2 Series Account of Great West Life & Annuity Insurance Company of New York, COLI VUL-4 Series Account of Great-West Life & Annuity Insurance Company, Maxim Series Account of Great West Life & Annuity Insurance Company, Prestige Variable Life Account, Pinnacle Series Account of Great West Life & Annuity Insurance Company, Trillium Variable Annuity Account.
(b) The following information is furnished with respect to the officers and directors of IDI:
| Name
and Principal Business Address* | Position and Offices | Position and Offices with Underwriter | ||
| Carlson, Martha H. | Designated Responsible Licensed Producer | Vice President, National Sales Manager Annuity | ||
| Coffman, Benjamin P. | Vice President, Financial Reporting | Vice President, Financial Reporting | ||
| Collazo, Kimberly B. | Assistant Secretary | Vice President and Senior Counsel | ||
| Creutzmann, Scott E. | Director | Senior Vice President and Chief Compliance Officer | ||
| Lane, Jamie L. | Director | Vice President, Head of DX and Enterprise Shared Services | ||
| Lee, Felicia M. | Secretary | Secretary, Vice President, and Senior Counsel | ||
| McCreless, Kevin L. | Chief Compliance Officer | Senior Director Regulatory | ||
| Morsch, Letitia A. | Assistant Secretary, and Director | Vice President, Head of Retail Retirement Operations | ||
| Reed, Alisha D. | Director | Vice President, Head of Marketing Strategy | ||
| Richards, Megan P. | Assistant Secretary | Assistant Secretary | ||
| Tennent, Rayburn | Senior Analyst Financial Reporting | Senior Analyst Financial Reporting | ||
| Wagner, James | President and Director | Senior Vice President and Chief Distribution Officer |
* Unless otherwise indicated, principal business address is 2801 Highway 280 South, Birmingham, Alabama, 35223.
(c) The following commissions were received by each principal underwriter, directly or indirectly, from the Registrant during the Registrant’s last fiscal year:
| (1) Name of Principal Underwriter | (2) Net Underwriting Discounts | (3) Compensation on Redemption | (4) Brokerage Commissions | (5) Other Compensation | ||||
| Investment Distributors, Inc. | N/A | None | N/A | N/A |
Item 31A. Information about Contracts with Index-Linked Options and Fixed Options Subject to a Contract Adjustment
This product does not offer any Index-Linked Options and/or fixed Options subject to a Contract Adjustment.
C-11
Item 32. Location of Accounts and Records.
All accounts and records required to be maintained by Section 31(a) of the Investment Company Act of 1940 and the rules thereunder are maintained by Protective Life Insurance Company at 2801 Highway 280 South, Birmingham, Alabama 35223.
Item 33. Management Services.
All management contracts are discussed in the Prospectus or Statement of Additional Information.
Item 34. Fee Representation
Protective Variable Annuity Separate Account, the Registered Separate Account and Protective Life Insurance Company, the 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 the risks assumed by Protective Life Insurance Company.
C-12
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant has duly caused this Post-Effective Amendment to the Registration Statement on Form N-4 to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Birmingham, State of Alabama, on April 22, 2025.
| PROTECTIVE VARIABLE ANNUITY SEPARATE ACCOUNT | ||
| By: | * | |
| Richard J. Bielen, President | ||
| Protective Life Insurance Company | ||
| PROTECTIVE LIFE INSURANCE COMPANY | ||
| By: | * | |
| Richard J. Bielen, President | ||
| Protective Life Insurance Company | ||
As required by the Securities Act of 1933, this Post-Effective Amendment to the Registration Statement on Form N-4 has been signed by the following persons in the capacities and on the dates indicated:
| Signature | Title | Date | |||
| * | Chairman of the Board, President, | ||||
| Richard J. Bielen | Chief Executive Officer, and Director | * | |||
| (Principal Executive Officer) | |||||
| * | Executive Vice President, Chief Operating Officer, and Director | * | |||
| Wade V. Harrison | |||||
| * | Executive Vice President, Chief Financial | * | |||
| Paul R. Wells | Officer, and Director (Principal Accounting and Financial Officer) | ||||
| *BY: | /S/ BRANDON J. CAGE | April 22, 2025 | |||
| Brandon J. Cage | |||||
| Attorney-in-Fact | |||||
C-13
ATTACHMENTS / EXHIBITS
XBRL TAXONOMY EXTENSION SCHEMA
XBRL TAXONOMY EXTENSION DEFINITION LINKBASE
XBRL TAXONOMY EXTENSION LABEL LINKBASE
XBRL TAXONOMY EXTENSION PRESENTATION LINKBASE
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