EX-4.H 6 d857376dex4h.htm EXHIBIT (4)(H) EXHIBIT (4)(H)

EXHIBIT (4)(h)

FORM OF POLICY RIDER (RETIREMENT INCOME CHOICE 1.4)


LOGO

A Stock Company (Hereafter called the Company, we, our or us)

Home Office located at:

[4 Manhattanville Road, Purchase, New York 10577]

Adm. Office located at:

[4333 Edgewood Road N.E. Cedar Rapids, Iowa 52499]

[(319) 355-8511]

RETIREMENT INCOME CHOICE RIDER

This rider is issued as a part of the policy (contract) to which it is attached.

All provisions of the policy that do not conflict with this rider apply to this rider. In the event of any conflict between the provisions of this rider and the provisions of the policy. the provisions of this rider shall prevail over the provisions of the policy.

Rider Data Specification

 

Policy Number:     l2345   LOGO
Rider Date:     06/26/2009  

Growth Rate Percentage:  

 

5.00%

 

Rider Fee Percentages:  
Designated Allocation Group A:     1.25%  
Designated Allocation Group B:   0.90%  
Designated Allocation Group C:     0.40%  
    

Annuitant:  

  John Doe  

Annuitant’s Issue Age/Sex:  

  65 / Male  

ARTICLE I

You may cancel this rider on or before midnight of the thirtieth calendar day after you received it and no rider fees will be assessed.

This rider provides a minimum withdrawal benefit that guarantees, upon election, a series of withdrawals from the policy equal to the Withdrawal Percentage shown in Article III applied to the withdrawal base. The withdrawal base is established for the sole purpose of determining the minimum withdrawal benefit and is not used in calculating the cash surrender value or other guaranteed benefits.

If you elect this rider, 100% of your policy value must be in one or more of the designated investment options.

You can generally transfer between the designated investment options as permitted under your policy; however, you cannot make transfers as provided for in the policy to a non-designated investment option while this rider is in force. If you wish to make a transfer to a non-designated investment option, this rider must be terminated, as described in Article IV, prior to making the transfer.

DEFINITIONS:

Terms used that are not defined in this rider shall have the same meaning as those in your policy.

Designated Investment Options

Investment options authorized for use with this rider and identified by us as designated investment options.

Excess Withdrawal

The excess of a gross partial withdrawal over the rider withdrawal amount remaining prior to the withdrawal, if any.

Gross Partial Withdrawal

The amount that will be deducted from your policy value as a result of each partial withdrawal.

Rider Anniversary

The anniversary of the rider date.

Rider Fee

The fee charged for the benefits under this rider. The fee will be charged on each rider quarterversary by the Company.

 

RGMB 37 0809 (IS) (NY)

(1) (Income-Single)


ARTICLE I CONTINUED

 

Rider Monthiversary

LOGO

The same day of the month as the rider date, or the next business day if our Administrative Office or the New York Stock Exchange is closed.

Rider Quarter

Each three-month period following the rider date.

Rider Quarterversary

For each rider quarter, the same day of the month as the rider date, or the next business day if our Administrative Office or the New York Stock Exchange is closed.

Rider Withdrawal Amount

The maximum amount that can be withdrawn from the policy each rider year without causing an excess withdrawal under the terms of this rider and thus reducing the withdrawal base. This amount will change if the withdrawal base changes.

Rider Year

Each twelve-month period following the rider date.

Valuation Period

The period of time from one determination of the value of a subaccount to the next. Such determinations are made when the value of the assets and liabilities of each subaccount is calculated. This is generally the close of business on each day on which the New York Stock Exchange is open.

Withdrawal Base

The amount used to calculate the rider withdrawal amount and the rider fee. This amount cannot be taken as a lump sum.

ARTICLE II

RIDER FEES

The rider fee is deducted on each rider quarterversary in arrears. The fee is calculated at issue and at the beginning of each rider quarter for the upcoming quarter. The rider fee percentage will not change during the first five rider years, and will only change thereafter due to an automatic step-up. You will be notified of any increase in the rider fee percentage. A portion of this fee will also be deducted when the rider is terminated based on the number of days that have elapsed since the previous rider quarterversary.

The stored fee will be adjusted for new deposits, transfers among designated investment options and excess withdrawals made during the rider quarter.

Fees will be calculated and stored on the day the rider is issued and at the beginning of each rider quarter. They will be deducted automatically from each subaccount on a pro rata basis on each rider quarterversary. The annual fee percentages for each designated allocation group are shown on page I, in the Rider Data Specification section.

The quarterly fee is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4).

 

1) Withdrawal Base;

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value;

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year.

Please see the Appendix attached to this rider which illustrates how the rider fee is calculated.

ARTICLE III

GUARANTEED LIFETIME WITHDRAWAL BENEFIT

Under this rider, we guarantee that you can receive up to the rider withdrawal amount each rider year, regardless of the policy value, (either through withdrawals or payments, where payments are equal to the rider withdrawal amount if your policy value equals zero) until the annuitant’s death.

 

RGMB 37 0809 (IS) (NY)

(2) (Income-Single)


ARTICLE III CONTINUED    LOGO

The withdrawal percentage is determined by the attained age (age at last birthday) of the annuitant at the time of the first withdrawal of any amount from the policy value taken on or after the rider anniversary following the annuitant’s 59th birthday. Once the withdrawal percentage is established, it may only be changed by an upgrade or automatic step-up and redetermined at that time. Upon automatic step-up, the withdrawal percentage will be reset based on the attained age at the time of the automatic step-up. The withdrawal percentages are shown in the table below.

 

     Withdrawal  

Attained Age

   Percentage  

59 - 69

     4.0

70 - 79

     5.0

80 +

     6.0

If the annuitant is not yet 59 on the rider date, the withdrawal percentage will be zero until the rider anniversary following the annuitant’s 59th birthday. Withdrawals prior to age 59 l/2 will be subject to the 10% penalty tax.

Withdrawals will reduce the policy value of the policy to which this rider is attached. If the policy value equals zero, you cannot make subsequent premium payments and all other policy features, benefits and guarantees are no longer available. Also, if the policy value equals zero, you will need to request payments by selecting the amount and frequency in accordance with the policy provisions to which this rider attaches, equal to the rider withdrawal amount. Once the payment amount and frequency are established, they cannot be changed and no additional withdrawals will be allowed.

We guarantee that you may withdraw up to the rider withdrawal amount each year regardless of the policy value until the annuitant’s death.

Example

Assume you are the owner and annuitant and begin taking withdrawals at age 75 and your Withdrawal Base is $100,000. Assuming a withdrawal percentage of 5%, you could withdraw up to $5,000 each rider year for the rest of your life (assuming that you do not withdraw more than $5,000 in any one rider year).

Any amount you withdraw in excess of the rider withdrawal amount may impact the withdrawal base on a greater than dollar-for-dollar basis.

Please see the Appendix attached to this rider which illustrates the withdrawal benefit.

The Guaranteed Lifetime Withdrawal Benefit can only be taken as a withdrawal benefit and it does not increase the policy value.

ISSUE AGE AND SURVIVAL

The benefits under this rider depend on the annuitant being alive at the time of withdrawal and the amount of the benefit depends on the attained age of the annuitant. Proof of survival and the date of birth may be required by the Company.

If the annuitant’s age has been misstated, this rider’s fees and benefits will be adjusted to the amounts which would have been calculated for the correct age. However, if this rider would not have been issued had the age not been misstated, the rider is treated as if it never existed, and any fees charged for this rider would be returned. If withdrawals under the provisions of the rider have already commenced and the misstatement caused the rider withdrawal amount to be overstated, any withdrawal in excess of the correct rider withdrawal amount will be considered an excess withdrawal and will impact the withdrawal base and rider withdrawal amount. If overpayments occurred when the sum of the accumulated values in all the investment options was zero, the amount of that overpayment will be deducted from one or more future payments until this amount is paid in full.

RIDER WITHDRAWAL AMOUNT

The rider withdrawal amount will be equal to the greater of l) and 2), where:

 

1) is the withdrawal percentage multiplied by the withdrawal base;

 

2) is an amount equal to the minimum required distribution amount, if any. Prior to the 1st rider anniversary, this amount is based on the initial policy value on the rider date. After this time, the minimum required distribution is calculated based on the rules established by the IRS. The minimum required distribution may only be used if all of the following are true:

 

RGMB 37 0809 (IS) (NY)

  (3)   (Income-Single)


ARTICLE III CONTINUED LOGO

 

  A) the policy to which this rider is attached is a tax-qualified policy for which IRS minimum required distributions are required,

 

  B) the minimum required distributions do not start prior to the annuitant’s attained age 70 l/2,

 

  C) the minimum required distributions are based on either the Uniform Lifetime table or the Joint Life and Last Survivor Expectancy table,

 

  D) the minimum required distributions are based on age of the living annuitant. The minimum required distributions can not be based on the age of someone who is deceased,

 

  E) the minimum required distributions are based only on the policy to which this rider is attached, and

 

  F) the minimum required distributions are only for the current rider year. Amounts carried over from past rider years are not considered.

If any of the above are not true, then 2) is equal to zero and it is not available as a rider withdrawal amount.

If you withdraw less than the rider withdrawal amount in a rider year, the unused portion cannot be carried over to the next rider year.

WITHDRAWAL BASE

The withdrawal base is used to calculate the rider withdrawal amount. On the rider date, the initial withdrawal base is equal to the policy value (less any premium enhancements if the rider is added in the first policy year). During any rider year, the withdrawal base is increased by subsequent premium payments (not including premium enhancements, if any), and is reduced for excess withdrawals.

On each rider anniversary, the withdrawal base will be set to the greatest of:

 

  1) The current withdrawal base;

 

  2) The policy value on the rider anniversary;

 

  3) The highest policy value on a rider monthiversary for the current rider year; or

 

  4) The current withdrawal base immediately prior to rider anniversary processing increased by the growth rate percentage.

Item 3) above will be zero if there have been any excess withdrawals in the current rider year. Item 4) above will be zero after the [10th] rider anniversary or if there have been any withdrawals in the current rider year.

AUTOMATIC STEP-UP FEATURE

The rider receives an automatic step-up on the rider anniversary if the withdrawal base is set equal to the policy value or the highest policy value on a rider monthiversary. This feature does not require the termination of the existing rider. This rider will continue with the same rider date and features. The rider fee and withdrawal percentages may be changed due to an automatic step-up, but there will be no increase in the rider fee percentage during the first five rider years. Following the fifth rider anniversary, the rider fee percentage may be increased due to an automatic step-up, but will not increase more than [0.75%] from the initial rider tee percentages shown on page 1.

You have the right to reject an automatic step-up within [30] days following a rider anniversary, if the rider fee percentage increases. If you reject an automatic step-up, you must notify us in a manner which is acceptable to us, however you are eligible for future automatic step-ups. Changes as a result of the automatic step-up feature will be reversed. Any increase in the rider fee or withdrawal percentages will also be reversed.

WITHDRAWAL BASE ADJUSTMENTS

Gross partial withdrawals, taken in a rider year, less than or equal to the rider withdrawal amount will not reduce the withdrawal base. Excess withdrawals will reduce the withdrawal base by the withdrawal base adjustment. The withdrawal base adjustment is the greater of 1) and 2), where:

 

  l) is the excess withdrawal amount; and

 

  2) is the result of (A multiplied by B), divided by C, where:

 

RGMB 37 0809 (IS) (NY)

(4) (Income-Single)


ARTICLE III CONTINUED LOGO

 

  A) is the excess withdrawal;

 

  B) is the withdrawal base prior to the excess withdrawal amount; and

 

  C) is the policy value after the rider withdrawal amount has been withdrawn, but prior to the withdrawal of the excess withdrawal amount.

ARTICLE IV

CONTINUATION

In the case of spousal joint owners where one spouse is the annuitant, if the spouse who is not the annuitant dies and the surviving spouse is the sole beneficiary, the surviving spouse may elect to continue the policy and rider. In the case of spousal joint owners where one spouse is the annuitant, if the spouse who is the annuitant dies, this rider will terminate.

In the case of non-spousal joint owners where an owner who is not the annuitant dies, the surviving owner (who is also the sole designated beneficiary) may elect to receive lifetime income payments under this rider instead of receiving any benefits applicable to the policy. The lifetime income payments must begin no later than 1 year after the owner’s death and will be equal to the rider withdrawal amount divided by the number of payments made per year. Once the payments begin, no additional premium payments will be accepted and no additional withdrawals will be paid.

ANNUITIZATION

On the maximum annuity commencement date, as described in your policy, you will have the option to receive lifetime income payments that are no less than your rider withdrawal amount each year. This option will also guarantee that the sum of all income payments received over time will equal or exceed the policy value on the maximum annuity commencement date. If the annuitant should die before the sum of all income payments received equals or exceeds the policy value on the maximum annuity commencement date, the annuitant’s beneficiary will receive a final payment equal to the difference.

RIDER UPGRADE

You may elect, in writing, to upgrade the withdrawal base to the policy value within [30] days after the [fifth] rider anniversary and every [fifth] rider anniversary thereafter, subject to the issue age restrictions on the new rider. If an upgrade is selected, this rider will terminate and a new rider with the same features will be issued with a new rider date. The new rider will have its own growth rate percentage and rider fee percentages which may not be the same as this rider’s percentages. Other riders with different features may be chosen, if available by the Company.

At the time upgrade, the rider withdrawal amount will be recalculated based on the new withdrawal base.

The new rider date will be the date the Company receives all information necessary, at our Home Office, in a written form acceptable to the Company, to process the upgrade.

TERMINATION

This rider will terminate upon the earliest of:

 

1) the date the policy to which this rider is attached terminates;

 

2) the date the policy to which this rider is attached is assigned or if the owner is changed without our approval;

 

3) the date of the annuitant’s death;

 

4) the date you elect to upgrade (as described in Article IV of this rider);

 

5) the date you elect to receive annuity payments under your policy; and

 

6) the date you notify us in writing of your intention to terminate this rider (this date must be within [30] days after the [fifth] rider anniversary and every [fifth] rider anniversary thereafter).

Termination of the rider will result in the loss of all benefits provided by the rider.

Signed for us at our home office.

 

LOGO LOGO

 

RGMB 37 0809 (IS) (NY)

(5) (Income-Single)


APPENDlX

 

The quarterly fee is calculated as follows:

   LOGO

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

1) Withdrawal Base

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value

 

4) Number of days in the rider quarter divided by the number of days within the applicable rider year

The fee adjustment for additional premium payments and excess withdrawals is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

1) Withdrawal base change (i.e. withdrawal base after the transaction minus the withdrawal base before the transaction)

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total transaction amount

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year

 

The fee adjustment for fund transfers is calculated as follows:

 

Multiply (l) by (2) divided by (3) multiplied by (4) where:

 

l) Withdrawal base

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year

The following two examples use assumed fees and values listed in the table below. The assumed rider year is not a leap year.

 

Designated          Initial      Additional Premium  

Allocation Group

   Fee     Policy Value      Used in Example 2  

Group A

     2.50   $ 50,000       $ 5,000   

Group B

     2.40   $ 30,000       $ 3,000   

Group C

     2.30   $ 20,000       $ 2,000   

Example 1: Calculation at rider issue for first quarter fee assuming an initial withdrawal base of $100,000.

= 100,000 * [(50,000*0.0250) + (30,000*0.0240) + (20,000*0.0230)] / 100,000 * (91/365)

= 100,000 * (1,250 + 720 + 460) / 100,000 * (91/365)

= 100,000 * 2,430/100,000 * (91/365)

= 2,430 * (91/365)

= $605.84

Example 2: Calculation for first quarter fee assuming initial withdrawal base from Example 1 above, plus adjustment for additional premium payment of $10,000 made with 20 days remaining in the first rider quarter (invested as shown above). The withdrawal base change and total transaction amount equal $10,000.

Fee adjustment as follows:

= 10,000 * [(5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 10,000 * (20/365)

= 10,000 * (125 + 72 + 46) / 10,000 * (20/365)

= 10,000 * 243/10,000 * (20/365)

= 243 * (20/365)

= $13.32

Total fee assessed on first rider quarterversary (assuming no further rider fee adjustments):

= 13.32 + 605.84

= $619.16

 

RGMB 37 0809 (IS) (NY)

  (A-1)   (Income-Single)


The following three examples use assumed fees and values listed in the table below. The assumed rider year is not a leap year.

 

Designated                 Partial Withdrawal      Fund Transfer  

Allocation Group

   Fee     Policy Value      Used in Example 4      Used in Example 5  

Group A

     2.50   $ 49,000       $ -5,000       $ -5,000   

Group B

     2.40   $ 29,000       $ -3,000       $ 3,000   

Group C

     2.30   $ 19,000       $ -2,000       $ 2,000   

Example 3: Calculation for second quarter fee at beginning of second rider quarter, assuming withdrawal base of $110,000 and policy value of $97,000 invested as above.

= 110,000 * [(49,000*0.0250) + (29,000*0.0240) + (19,000*0.0230)] / 97,000 * (91/365)

= 110,000 * (1,225 + 696 + 437) / 97,000 * (91/365)

= 110,000 * 2,358/97,000 * (91/365)

= 2,674.02 * (91/365)

= $666.67

Example 4: Calculation for second quarter fee assuming beginning values as in Example 3 above, plus adjustment for partial withdrawal of $10,000 taken with 40 days remaining in the second rider quarter. Assumes withdrawal percentage of 5%, policy value of $97,000 prior to the transaction and change in withdrawal base as follows:

Rider Withdrawal Amount (RWA) = Withdrawal Base * Withdrawal Percentage = 110,000 * .05 = $5,500

Excess Withdrawal = Difference between assumed withdrawal amount and RWA = 10,000 - 5.500 = $4,500

Withdrawal Base Adjustment = Max (Excess Withdrawal, Excess Withdrawal * Withdrawal Base prior to withdrawal / Policy Value after RWA has been withdrawn but before excess withdrawal) = Max [4,500, 4,500 * 110,000 / (97,000-5,500)] = Max (4,500, 5,409.84) = $5,409.84

Fee adjustment as follows:

 

= -5,409.84 * [(5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 10,000 * (40/365)

= -5,409.84 * (125 + 72 + 46) / 10,000 * (40/365)

= -5,409.84 * 243/10,000 * (40/365)

= -131.46 * (40/365)

= $-14.41

   LOGO

Total fee assessed on second rider quarterversary (assuming no further rider fee adjustments):

= 666.67 - 14.41

= $652.26

The new Withdrawal Base = $110,000 - $5,409.84 = $104,590.16

Example 5: Calculation for fund transfer occurring during second quarter with 25 days remaining in the rider quarter, assuming beginning values as in Example 3 and withdrawal adjustment as in Example 4 above.

Withdrawal Base= $104,590.16 and assumed policy value of $90,000. Fund transfer amount of $5,000 as allocated in table above.

Fee adjustment as follows:

= 104,590.16 * [(-5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 90,000 * (25/365)

= 104,590.16 * (-125 + 72 + 46) / 90,000 * (25/365)

= 104,590.16 * -7/90,000 * (25/365)

= -8.13 * (25/365)

= $-0.56

Total fee assessed on second rider quarterversary (assuming no further rider fee adjustments):

= 652.26 - 0.56

= $651.70

 

RGMB 37 0809 (IS) (NY)

  (A-2)   (Income-Single)


LOGO

A Stock Company (Hereafter called the Company, we, our or us)

Home Office located at:

[4 Manhattanville Road, Purchase, New York 10577]

Adm. Office located at:

[4333 Edgewood Road N.E. Cedar Rapids, Iowa 52499]

[(319) 355-8511]

RETIREMENT INCOME CHOICE WITH DEATH BENEFIT RIDER

This rider is issued as a part of the policy (contract) to which it is attached.

All provisions of the policy that do not conflict with this rider apply to this rider. In the event of any conflict between the provisions of this rider and the provisions of the policy, the provisions of this rider shall prevail over the provisions of the policy.

Rider Data Specification

 

    Policy Number:     l2345   LOGO
Rider Date:     06/26/2009  

Growth Rate Percentage:  

 

5.00%

 

Rider Fee Percentages:  
Designated Allocation Group A:     1.50%  
Designated Allocation Group B:   1.15%  
Designated Allocation Group C:     0.65%  
    

Annuitant:  

  John Doe  

Annuitant’s Issue Age/Sex:  

  65 / Male  

ARTICLE I

You may cancel this rider on or before midnight of the thirtieth calendar day after you received it and no rider fees will be assessed.

This rider provides a minimum withdrawal benefit that guarantees, upon election, a series of withdrawals from the policy equal to the Withdrawal Percentage shown in Article III applied to the withdrawal base. The withdrawal base is established for the sole purpose of determining the minimum withdrawal benefit and is not used in calculating the cash surrender value or other guaranteed benefits.

If you elect this rider, 100% of your policy value must be in one or more of the designated investment options.

You can generally transfer between the designated investment options as permitted under your policy; however, you cannot make transfers as provided for in the policy to a non-designated investment option while this rider is in force. If you wish to make a transfer to a non-designated investment option, this rider must be terminated, as described in Article IV, prior to making the transfer.

DEFINITIONS:

Terms used that are not defined in this rider shall have the same meaning as those in your policy.

Designated Investment Options

Investment options authorized for use with this rider and identified by us as designated investment options.

Excess Withdrawal

The excess of a gross partial withdrawal over the rider withdrawal amount remaining prior to the withdrawal, if any.

Gross Partial Withdrawal

The amount that will be deducted from your policy value as a result of each partial withdrawal.

 

RGMB 37 0809 (AS) (NY)

(1) (Income/Death-Single)


ARTICLE I CONTINUED

 

Rider Anniversary

 

The anniversary of the rider date.

LOGO

Rider Fee

The fee charged for the benefits under this rider. The fee will be charged on each rider quarterversary by the Company.

Rider Monthiversary

The same day of the month as the rider date, or the next business day if our Administrative Office or the New York Stock Exchange is closed.

Rider Quarter

Each three-month period following the rider date.

Rider Quarterversary

For each rider quarter, the same day of the month as the rider date, or the next business day if our Administrative Office or the New York Stock Exchange is closed.

Rider Withdrawal Amount

The maximum amount that can be withdrawn from the policy each rider year without causing an excess withdrawal under the terms of this rider and thus reducing the withdrawal base. This amount will change if the withdrawal base changes.

Rider Year

Each twelve-month period following the rider date.

Valuation Period

The period of time from one determination of the value of a subaccount to the next. Such determinations are made when the value of the assets and liabilities of each subaccount is calculated. This is generally the close of business on each day on which the New York Stock Exchange is open.

Withdrawal Base

The amount used to calculate the rider withdrawal amount and the rider fee. This amount cannot be taken as a lump sum.

ARTICLE II

RIDER FEES

The rider fee is deducted on each rider quarterversary in arrears. The fee is calculated at issue and at the beginning of each rider quarter for the upcoming quarter. The rider fee percentage will not change during the first five rider years, and will only change thereafter due to an automatic step-up. You will be notified of any increase in the rider fee percentage. A portion of this fee will also be deducted when the rider is terminated based on the number of days that have elapsed since the previous rider quarterversary.

The stored fee will be adjusted for new deposits, transfers among designated investment options and excess withdrawals made during the rider quarter.

Fees will be calculated and stored on the day the rider is issued and at the beginning of each rider quarter. They will be deducted automatically from each subaccount on a pro rata basis on each rider quarterversary. The annual fee percentages for each designated allocation group are shown on page 1, in the Rider Data Specification section.

The quarterly fee is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4).

 

1) Withdrawal Base;

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value;

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year.

Please see the Appendix attached to this rider which illustrates how the rider fee is calculated.

 

RGMB 37 0809 (AS) (NY)

(2) (Income/Death-Single)


ARTICLE III

 

GUARANTEED LIFETIME WITHDRAWAL BENEFIT

   LOGO

Under this rider, we guarantee that you can receive up to the rider withdrawal amount each rider year, regardless of the policy value, (either through withdrawals or payments, where payments are equal to the rider withdrawal amount if your policy value equals zero) until the annuitant’s death.

The withdrawal percentage is determined by the attained age (age at last birthday) of the annuitant at the time of the first withdrawal of any amount from the policy value taken on or after the rider anniversary following the annuitant’s 59th birthday. Once the withdrawal percentage is established, it may only be changed by an upgrade or automatic step-up and redetermined at that time. Upon automatic step-up, the withdrawal percentage will be reset based on the attained age at the time of automatic step-up. The withdrawal percentages are shown in the table below.

 

     Withdrawal  

Attained Age

   Percentage  

59 - 69

     4.0

70 - 79

     5.0

  80 +

     6.0

If the annuitant is not yet 59 on the rider date, the withdrawal percentage will be zero until the rider anniversary following the annuitant’s 59th birthday. Withdrawals prior to age 59 1/2 will be subject to the 10% penalty tax.

Withdrawals will reduce the policy value of the policy to which this rider is attached. If the policy value equals zero, you cannot make subsequent premium payments and all other policy features, benefits and guarantees are no longer available. Also, if the policy value equals zero, you will need to request payments by selecting the amount and frequency in accordance with the policy provisions to which this rider attaches, equal to the rider withdrawal amount. Once the payment amount and frequency are established, they cannot be changed and no additional withdrawals will be allowed.

We guarantee that you may withdraw up to the rider withdrawal amount each year regardless of the policy value until the annuitant’s death.

Example

Assume you are the owner and annuitant and begin taking withdrawals at age 75 and your Withdrawal Base is $100,000. Assuming a withdrawal percentage of 5%, you could withdraw up to $5,000 each rider year for the rest of your life (assuming that you do not withdraw more than $5,000 in any one rider year).

Any amount you withdraw in excess of the rider withdrawal amount may impact the withdrawal base on a greater than dollar-for-dollar basis.

Please see the Appendix attached to this rider which illustrates the withdrawal benefit.

The Guaranteed Lifetime Withdrawal Benefit can only be taken as a withdrawal benefit and it does not increase the policy value.

ISSUE AGE AND SURVIVAL

The benefits under this rider depend on the annuitant being alive at the time of withdrawal and the amount of the benefit depends on the attained age of the annuitant. Proof of survival and the date of birth may be required by the Company.

If the annuitant’s age has been misstated, this rider’s fees and benefits will be adjusted to the amounts which would have been calculated for the correct age. However, if this rider would not have been issued had the age not been misstated, the rider is treated as if it never existed, and any fees charged for this rider would be returned. If withdrawals under the provisions of the rider have already commenced and the misstatement caused the rider withdrawal amount to be overstated, any withdrawal in excess of the correct rider withdrawal amount will be considered an excess withdrawal and will impact the withdrawal base and rider withdrawal amount. If overpayments occurred when the sum of the accumulated values in all the investment options was zero, the amount of that overpayment will be deducted from one or more future payments until this amount is paid in full.

 

RGMB 37 0809 (AS) (NY)

  (3)   (Income/Death-Single)


ARTICLE III CONTINUED

 

RIDER WITHDRAWAL AMOUNT

 

The rider withdrawal amount will be equal to the greater of 1) and 2), where:

LOGO

 

1) is the withdrawal percentage multiplied by the withdrawal base;

 

2) is an amount equal to the minimum required distribution amount, if any. Prior to the 1st rider anniversary, this amount is based on the initial policy value on the rider date. After this time, the minimum required distribution is calculated based on the rules established by the IRS. The minimum required distribution may only be used if all of the following are true:

 

  A) the policy to which this rider is attached is a tax-qualified policy for which IRS minimum required distributions are required,

 

  B) the minimum required distributions do not start prior to the annuitant’s attained age 70 1/2,

 

  C) the minimum required distributions are based on either the Uniform Lifetime table or the Joint Life and Last Survivor Expectancy table,

 

  D) the minimum required distributions are based on age of the living annuitant. The minimum required distributions can not be based on the age of someone who is deceased,

 

  E) the minimum required distributions are based only on the policy to which this rider is attached, and

 

  F) the minimum required distributions are only for the current rider year. Amounts carried over from past rider years are not considered.

If any of the above are not true, then 2) is equal to zero and it is not available as a rider withdrawal amount.

If you withdraw less than the rider withdrawal amount in a rider year, the unused portion cannot be carried over to the next rider year.

WITHDRAWAL BASE

The withdrawal base is used to calculate the rider withdrawal amount. On the rider date, the initial withdrawal base is equal to the policy value (less any premium enhancements if the rider is added in the first policy year). During any rider year, the withdrawal base is increased by subsequent premium payments (not including premium enhancements, if any), and is reduced for excess withdrawals.

On each rider anniversary, the withdrawal base will be set to the greatest of:

 

  1) The current withdrawal base;

 

  2) The policy value on the rider anniversary;

 

  3) The highest policy value on a rider monthiversary for the current rider year; or

 

  4) The current withdrawal base immediately prior to rider anniversary processing increased by the growth rate percentage.

Item 3) above will be zero if there have been any excess withdrawals in the current rider year. Item 4) above will be zero after the [10th] rider anniversary or if there have been any withdrawals in the current rider year.

AUTOMATIC STEP-UP FEATURE

The rider receives an automatic step-up on the rider anniversary if the withdrawal base is set equal to the policy value or the highest policy value on a rider monthiversary. This feature does not require the termination of the existing rider. This rider will continue with the same rider date and features. The rider fee and withdrawal percentages may be changed due to an automatic step-up, but there will be no increase in the rider fee percentage during the first five rider years. Following the fifth rider anniversary, the rider fee percentage may be increased due to an automatic step-up, but will not increase more than [0.75%] from the initial rider fee percentages shown on page 1.

You have the right to reject an automatic step-up within [30] days following a rider anniversary, if the rider fee percentage increases. If you reject an automatic step-up, you must notify us in a manner which is acceptable to us, however you are eligible for future automatic step-ups. Changes as a result of the automatic step-up feature will be reversed. Any increase in the rider fee or withdrawal percentages will also be reversed.

 

RGMB 37 0809 (AS) (NY)

(4) (Income/Death-Single)


ARTICLE III CONTINUED

 

WITHDRAWAL BASE ADJUSTMENTS

LOGO

Gross partial withdrawals, taken in a rider year, less than or equal to the rider withdrawal amount will not reduce the withdrawal base. Excess withdrawals will reduce the withdrawal base by the withdrawal base adjustment. The withdrawal base adjustment is the greater of 1) and 2), where:

 

1) is the excess withdrawal amount; and

 

2) is the result of (A multiplied by B), divided by C, where:

 

  A) is the excess withdrawal;

 

  B) is the withdrawal base prior to the excess withdrawal amount; and

 

  C) is the policy value after the rider withdrawal amount has been withdrawn, but prior to the withdrawal of the excess withdrawal amount.

RIDER DEATH BENEFIT

Upon the annuitant’s death, we will pay an additional death benefit amount equal to the excess, if any, of the rider death benefit over the greater of the base policy death benefit or the guaranteed minimum death benefit, if applicable, and this rider will then terminate. The rider death benefit on the rider date is equal to the policy value (less any premium enhancements, if the rider is added in the first policy year). The rider death benefit after the rider date is equal to the rider death benefit on the rider date plus any premiums (not including premium enhancements, if any) added after the rider date less any rider death benefit adjustments.

The rider death benefit does not reset due to the automatic step-up.

RIDER DEATH BENEFIT ADJUSTMENTS

Cumulative gross partial withdrawals, taken in a rider year, up to the rider withdrawal amount will reduce the rider death benefit by the same amount (dollar for dollar). Excess withdrawals will reduce the rider death benefit by the greater of:

 

1) the excess withdrawal amount; and

 

2) the result of (A divided by B), multiplied by C, where:

 

  A) is the excess withdrawal;

 

  B) is the policy value after the rider withdrawal amount has been withdrawn, but prior to the excess withdrawal; and

 

  C) is the rider death benefit after the rider withdrawal amount has been withdrawn, but prior to the excess withdrawal.

ARTICLE IV

CONTINUATION

In the case of spousal joint owners where one spouse is the annuitant, if the spouse who is not the annuitant dies and the surviving spouse is the sole beneficiary, the surviving spouse may elect to continue the policy and rider. No additional death benefit will be paid under this rider at this time. In the case of spousal joint owners where one spouse is the annuitant, if the spouse who is the annuitant dies, this rider will terminate.

In the case of non-spousal joint owners where an owner who is not the annuitant dies, the surviving owner (who is also the sole designated beneficiary) may elect to receive lifetime income payments under this rider instead of receiving any benefits applicable to the policy. The lifetime income payments must begin no later than 1 year after the owner’s death and will be equal to the rider withdrawal amount divided by the number of payments made per year. Once the payments begin, no additional premium payments will be accepted and no additional withdrawals will be paid. If these payments are elected but the annuitant dies before the rider death benefit equals zero, the annuitant’s beneficiary will receive a death benefit equal to the rider death benefit.

ANNUITIZATION

On the maximum annuity commencement date, as described in your policy, you will have the option to receive lifetime income payments that are no less than your rider withdrawal amount each year. This option will also guarantee that the sum of all income payments received over time will equal or exceed the greater of the policy value or the rider death benefit on the maximum annuity commencement date. If the annuitant should die before the sum of all income payments received equals or exceeds the greater of the policy value or the rider death benefit on the maximum annuity commencement date, the annuitant’s beneficiary will receive a final payment equal to the difference.

 

RGMB 37 0809 (AS) (NY)

(5) (Income/Death-Single)


ARTICLE IV CONTINUED

 

RIDER UPGRADE

LOGO

You may elect, in writing, to upgrade the withdrawal base to the policy value within [30] days after the [fifth] rider anniversary and every [fifth] rider anniversary thereafter, subject to the issue age restrictions on the new rider. If an upgrade is selected, this rider will terminate and a new rider with the same features will be issued with a new rider date. The new rider will have its own growth rate percentage and rider fee percentages which may not be the same as this rider’s percentages. Other riders with different features may be chosen, if available by the Company.

At the time of upgrade, the rider death benefit will also be upgraded to the policy value and the rider withdrawal amount will be recalculated based on the new withdrawal base.

The new rider date will be the date the Company receives all information necessary, at our Home Office, in a written form acceptable to the Company, to process the upgrade.

TERMINATION

This rider will terminate upon the earliest of:

 

1) the date the policy to which this rider is attached terminates;

 

2) the date the policy to which this rider is attached is assigned or if the owner is changed without our approval;

 

3) the date of the annuitant’s death;

 

4) the date you elect to upgrade (as described in Article IV of this rider);

 

5) the date you elect to receive annuity payments under your policy; and

 

6) the date you notify us in writing of your intention to terminate this rider (this date must be within [30] days after the [fifth] rider anniversary and every [fifth] rider anniversary thereafter).

Termination of the rider will result in the loss of all benefits provided by the rider.

Signed for us at our home office.

 

LOGO

LOGO

 

RGMB 37 0809 (AS) (NY)

(6) (Income/Death-Single)


APPENDIX   LOGO

The quarterly fee is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

1) Withdrawal Base

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value

 

4) Number of days in the rider quarter divided by the number of days within the applicable rider year

The fee adjustment for additional premium payments and excess withdrawals is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

l) Withdrawal base change (i.e. withdrawal base after the transaction minus the withdrawal base before the transaction)

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total transaction amount

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year

The fee adjustment for fund transfers is calculated as follows:

Multiply (l) by (2) divided by (3) multiplied by (4) where:

 

1) Withdrawal base

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year

The following two examples use assumed fees and values listed in the table below. The assumed rider year is not a leap year.

 

Designated

Allocation Group

   Fee     Initial
Policy Value
     Additional Premium
Used in Example 2
 

Group A

     2.50   $ 50,000       $ 5,000   

Group B

     2.40   $ 30,000       $ 3,000   

Group C

     2.30   $ 20,000       $ 2,000   

Example 1: Calculation at rider issue for first quarter fee assuming an initial withdrawal base of $100,000.

= 100,000 * [(50,000*0.0250) + (30,000*0.0240) + (20,000*0.0230)] / 100,000 * (91/365)

= 100,000 * (1,250 + 720 + 460) / 100,000 * (91/365)

= 100,000 * 2,430/100,000 * (91/365)

= 2,430 * (91/365)

= $605.84

Example 2: Calculation for first quarter fee assuming initial withdrawal base from Example 1 above, plus adjustment for additional premium payment of $10,000 made with 20 days remaining in the first rider quarter (invested as shown above). The withdrawal base change and total transaction amount equal $10,000.

Fee adjustment as follows:

= 10,000 * [(5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 10,000 * (20/365)

= 10,000 * (125 + 72 + 46) / 10,000 * (20/365)

= 10,000 * 243/10,000 * (20/365)

= 243 * (20/365)

= $13.32

Total fee assessed on first rider quarterversary (assuming no further rider fee adjustments):

= 13.32 + 605.84

= $619.16

 

RGMB 37 0809 (AS) (NY)

  (A-1)   (Income/Death-Single)


The following three examples use assumed fees and values listed in the table below. The assumed rider year is not a leap year.

 

Designated

Allocation Group

   Fee     Policy Value      Partial Withdrawal
Used in Example 4
     Fund Transfer
Used in Example 5
 

Group A

     2.50   $ 49,000       $ -5,000       $ -5,000   

Group B

     2.40   $ 29,000       $ -3,000       $ 3,000   

Group C

     2.30   $ 19,000       $ -2,000       $ 2,000   

Example 3: Calculation for second quarter fee at beginning of second rider quarter, assuming withdrawal base of $110,000 and policy value of $97,000 invested as above.

= 110,000 * [(49,000*0.0250) + (29,000*0.0240) + (19,000*0.0230)] / 97,000 * (91/365)

= 110,000 * (1,225 + 696 + 437) / 97,000 * (91/365)

= 110,000 * 2,358/97,000 * (91/365)

= 2,674.02 * (91/365)

= $666.67

Example 4: Calculation for second quarter fee assuming beginning values as in Example 3 above, plus adjustment for partial withdrawal of $10,000 taken with 40 days remaining in the second rider quarter. Assumes withdrawal percentage of 5%, policy value of $97,000 prior to the transaction and change in withdrawal base as follows:

Rider Withdrawal Amount (RWA) = Withdrawal Base * Withdrawal Percentage = 110,000 * .05 = $5,500

Excess Withdrawal = Difference between assumed withdrawal amount and RWA = 10,000 - 5,500 = $4,500

Withdrawal Base Adjustment = Max (Excess Withdrawal, Excess Withdrawal * Withdrawal Base prior to withdrawal / Policy Value after RWA has been withdrawn but before excess withdrawal) = Max [4,500, 4,500 * 110,000 / (97,000-5,500)] = Max (4,500, 5,409.84) = $5,409.84

Fee adjustment as follows:

 

= -5,409.84 * [(5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 10,000 * (40/365)

= -5,409.84 * (125 + 72 + 46) / 10,000 * (40/365)

= -5,409.84 * 243/10,000 * (40/365)

= -131.46 * (40/365)

= $-14.41

 

Total fee assessed on second rider quarterversary (assuming no further rider fee adjustments):

 

= 666.67 - 14.41

= $652.26

   LOGO

The new Withdrawal Base = $110,000 - $5,409.84 = $104,590.16

Example 5: Calculation for fund transfer occurring during second quarter with 25 days remaining in the rider quarter, assuming beginning values as in Example 3 and withdrawal adjustment as in Example 4 above.

Withdrawal Base = $104,590.16 and assumed policy value of $90,000. Fund transfer amount of $5,000 as allocated in table above.

Fee adjustment as follows:

= 104,590.16* [(-5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 90,000 * (25/365)

= 104,590.16 * (-125 + 72 + 46) / 90,000 * (25/365)

= 104,590.16 * -7/90,000 * (25/365)

= -8.13 * (25/365)

= $-0.56

Total fee assessed on second rider quarterversary (assuming no further rider fee adjustments):

= 652.26 - 0.56

= $651.70

 

RGMB 37 0809 (AS) (NY)

  (A-2)   (Income/Death-Single)


Home Office located at:
LOGO [4 Manhattanville Road, Purchase, New York 10577]
Adm. Office located at:
[4333 Edgewood Road N.E. Cedar Rapids, Iowa 52499]

 

A Stock Company (Hereafter called the Company, we, our or us)

[(319) 355-8511]

RETIREMENT INCOME CHOICE RIDER

This rider is issued as a part of the policy (contract) to which it is attached.

All provisions of the policy that do not conflict with this rider apply to this rider. In the event of any conflict between the provisions of this rider and the provisions of the policy, the provisions of this rider shall prevail over the provisions of the policy.

Rider Data Specification

 

Policy Number:     12345  

LOGO

Rider Date:     06/26/2009  
Growth Rate Percentage:   5.00%

 

Rider Fee Percentages:  

Designated Allocation Group A:     1.25%  
Designated Allocation Group B:   0.90%  
Designated Allocation Group C:     0.40%  

Annuitant:  

 

[

John Doe

 

]
   

Annuitant’s Issue Age/Sex:  

  65 / Male  
Annuitant’s Spouse:   Jane Doe  
Annuitant’s Spouse’s Issue Age/Sex:     65 / Female  

ARTICLE I

You may cancel this rider on or before midnight of the thirtieth calendar day after you received it and no rider fees will be assessed.

This rider provides a minimum withdrawal benefit that guarantees, upon election, a series of withdrawals from the policy equal to the Withdrawal Percentage shown in Article Ill applied to the withdrawal base. The withdrawal base is established for the sole purpose of determining the minimum withdrawal benefit and is not used in calculating the cash surrender value or other guaranteed benefits.

If you elect this rider, 100% of your policy value must be in one or more of the designated investment options.

You can generally transfer between the designated investment options as permitted under your policy; however, you cannot make transfers as provided for in the policy to a non-designated investment option while this rider is in force. If you wish to make a transfer to a non-designated investment option, this rider must be terminated, as described in Article IV, prior to making the transfer.

The annuitant’s spouse as of the rider date is hereafter referred to as the annuitant’s spouse. As it pertains to the benefits of this rider, the annuitant’s spouse cannot be changed. The annuitant’s spouse must be the sole primary beneficiary and/or a joint owner. The only living owners allowed on the policy to which this rider is attached are the annuitant and the annuitant’s spouse.

DEFINITIONS:

Terms used that are not defined in this rider shall have the same meaning as those in your policy.

Designated Investment Options

Investment options authorized for use with this rider and identified by us as designated investment options.

Excess Withdrawal

The excess of a gross partial withdrawal over the rider withdrawal amount remaining prior to the withdrawal, if any.

Gross Partial Withdrawal

The amount that will be deducted from your policy value as a result of each partial withdrawal

 

RGMB 37 0809 (IJ) (NY)

(1) (Income-Joint)


ARTICLE I CONTINUED

 

Rider Anniversary

 

The anniversary of the rider date.

LOGO

Rider Fee

The fee charged for the benefits under this rider. The fee will be charged on each rider quarterversary by the Company.

Rider Monthiversary

The same day of the month as the rider date, or the next business day if our Administrative Office or the New York Stock Exchange is closed.

Rider Quarter

Each three-month period following the rider date.

Rider Quarterversary

For each rider quarter, the same day of the month as the rider date, or the next business day if our Administrative Office or the New York Stock Exchange is closed.

Rider Withdrawal Amount

The maximum amount that can be withdrawn from the policy each rider year without causing an excess withdrawal under the terms of this rider and thus reducing the withdrawal base. This amount will change if the withdrawal base changes.

Rider Year

Each twelve-month period following the rider date.

Valuation Period

The period of time from one determination of the value of a subaccount to the next. Such determinations are made when the value of the assets and liabilities of each subaccount is calculated. This is generally the close of business on each day on which the New York Stock Exchange is open.

Withdrawal Base

The amount used to calculate the rider withdrawal amount and the rider fee. This amount cannot be taken as a lump sum.

ARTICLE II

RIDER FEES

The rider fee is deducted on each rider quarterversary in arrears. The fee is calculated at issue and at the beginning of each rider quarter for the upcoming quarter. The rider fee percentage will not change during the first five rider years, and will only change thereafter due to an automatic step-up. You will be notified of any increase in the rider fee percentage. A portion of this fee will also be deducted when the rider is terminated based on the number of days that have elapsed since the previous rider quarterversary.

The stored fee will be adjusted for new deposits, transfers among designated investment options and excess withdrawals made during the rider quarter.

Fees will be calculated and stored on the day the rider is issued and at the beginning of each rider quarter. They will be deducted automatically from each subaccount on a pro rata basis on each rider quarterversary. The annual fee percentages for each designated allocation group are shown on page 1, in the Rider Data Specification section.

The quarterly fee is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4).

 

1) Withdrawal Base;

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value;

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year.

Please see the Appendix attached to this rider which illustrates how the rider fee is calculated.

 

RGMB 37 0809 (IJ) (NY)

(2) (Income-Joint)


ARTICLE III

 

GUARANTEED LIFETIME WITHDRAWAL BENEFIT

   LOGO
  

Under this rider, we guarantee that you can receive up to the rider withdrawal amount each rider year. regardless of the policy value, (either through withdrawals or payments, where payments are equal to the rider withdrawal amount if your policy value equals zero) until the annuitant’s or the annuitant’s spouse’s death, whichever is later.

The withdrawal percentage is determined by the attained age (age at last birthday) of the younger of the living spouses at the time of the first withdrawal of any amount from the policy value taken on or after the rider anniversary following the younger of the living spouse’s 59th birthday. Once the withdrawal percentage is established, it may only be changed by an upgrade or automatic step-up and redetermined at that time. Upon automatic step-up, the withdrawal percentage will be reset based on the attained age of the younger of the living spouses at the time of the automatic step-up. The withdrawal percentages are shown in the table below.

 

     Withdrawal  

Attained Age

   Percentage  

59 - 69

     3.5

70 - 79

     4.5

80 +

     5.5

If the younger of the annuitant and the annuitant’s spouse is not yet 59 on the rider date, the withdrawal percentage will be zero until the rider anniversary following the younger of the living spouse’s 59th birthday. Withdrawals prior to age 59 1/2 will be subject to the 10% penalty tax.

Withdrawals will reduce the policy value of the policy to which this rider is attached. If the policy value equals zero, you cannot make subsequent premium payments and all other policy features, benefits and guarantees are no longer available. Also, if the policy value equals zero, you will need to request payments by selecting the amount and frequency in accordance with the policy provisions to which this rider attaches, equal to the rider withdrawal amount. Once the payment amount and frequency are established, they cannot be changed and no additional withdrawals will be allowed.

We guarantee that you may withdraw up to the rider withdrawal amount each year regardless of the policy value until the annuitant’s death.

Example

Assume the younger of the annuitant and the annuitant’s spouse is 75 and withdrawals begin and your Withdrawal Base is $100,000. Assuming a withdrawal percentage of 4.5%, you could withdraw up to $4,500 each rider year until the annuitant’s or the annuitant’s spouse’s death, which ever is later (assuming that you do not withdraw more than $4,500 in any one rider year).

Any amount you withdraw in excess of the rider withdrawal amount may impact the withdrawal base on a greater than dollar-for-dollar basis.

Please see the Appendix attached to this rider which illustrates the withdrawal benefit.

The Guaranteed Lifetime Withdrawal Benefit can only be taken as a withdrawal benefit and it does not increase the policy value.

ISSUE AGE AND SURVIVAL

The benefits under this rider depend on the annuitant or annuitant’s spouse being alive at the time of withdrawal and the amount of the benefit depends on the attained age of the annuitant and annuitant’s spouse. Proof of survival and the date of birth may be required by the Company.

If the younger of the spouses’ ages has been misstated, this rider’s fees and benefits will be adjusted to the amounts which would have been calculated for the correct age. However, if this rider would not have been issued had the age not been misstated, the rider is treated as if it never existed, and any fees charged for this rider would be returned. If withdrawals under the provisions of the rider have already commenced and the misstatement caused the rider withdrawal amount to be overstated, any withdrawal in excess of the correct rider withdrawal amount will be considered an excess withdrawal and will impact the withdrawal base and rider withdrawal amount. If overpayments occurred when the sum of the accumulated values in all the investment options was zero, the amount of that overpayment will be deducted from one or more future payments until this amount is paid in full.

 

RGMB 37 0809 (IJ) (NY)

  (3)   (Income-Joint)


ARTICLE III CONTINUED

 

RIDER WITHDRAWAL AMOUNT

LOGO

The rider withdrawal amount will be equal to the greater of l) and 2), where:

 

l) is the withdrawal percentage multiplied by the withdrawal base;

 

2) is an amount equal to the minimum required distribution amount, if any. Prior to the 1st rider anniversary, this amount is based on the initial policy value on the rider date. After this time, the minimum required distribution is calculated based on the rules established by the IRS. The minimum required distribution may only be used if all of the following are true:

 

  A) the policy to which this rider is attached is a tax-qualified policy for which IRS minimum required distributions are required,

 

  B) the minimum required distributions do not start prior to the annuitant’s attained age 70 1/2,

 

  C) the minimum required distributions are based on either the Uniform Lifetime table or the Joint Life and Last Survivor Expectancy table,

 

  D) the minimum required distributions are based on age of the living annuitant or the annuitant’s spouse if the annuitant is deceased. The minimum required distributions can not be based on the age of someone who is deceased,

 

  E) the minimum required distributions are based only on the policy to which this rider is attached, and

 

  F) the minimum required distributions are only for the current rider year. Amounts carried over from past rider years are not considered.

If any of the above are not true, then 2) is equal to zero and it is not available as a rider withdrawal amount.

If you withdraw less than the rider withdrawal amount in a rider year, the unused portion cannot be carried over to the next rider year.

WITHDRAWAL BASE

The withdrawal base is used to calculate the rider withdrawal amount. On the rider date, the initial withdrawal base is equal to the policy value (less any premium enhancements if the rider is added in the first policy year). During any rider year, the withdrawal base is increased by subsequent premium payments (not including premium enhancements, if any), and is reduced for excess withdrawals.

On each rider anniversary, the withdrawal base will be set to the greatest of:

 

  l) The current withdrawal base;

 

  2) The policy value on the rider anniversary;

 

  3) The highest policy value on a rider monthiversary for the current rider year; or

 

  4) The current withdrawal base immediately prior to rider anniversary processing increased by the growth rate percentage.

Item 3) above will be zero if there have been any excess withdrawals in the current rider year. Item 4) above will be zero after the [10th] rider anniversary or if there have been any withdrawals in the current rider year.

AUTOMATIC STEP-UP FEATURE

The rider receives an automatic step-up on the rider anniversary if the withdrawal base is set equal to the policy value or the highest policy value on a rider monthiversary. This feature does not require the termination of the existing rider. This rider will continue with the same rider date and features. The rider fee and withdrawal percentages may be changed due to an automatic step-up, but there will be no increase in the rider fee percentage during the first five rider years. Following the fifth rider anniversary, the rider fee percentage may be increased due to an automatic step-up, but will not increase more than [0.75%] from the initial rider fee percentages shown on page l.

You have the right to reject an automatic step-up within [30] days following a rider anniversary, if the rider fee percentage increases. If you reject an automatic step-up, you must notify us in a manner which is acceptable to us, however you are eligible for future automatic step-ups. Changes as a result of the automatic step-up feature will be reversed. Any increase in the rider fee or withdrawal percentages will also be reversed.

 

RGMB 37 0809 (IJ) (NY)

(4) (Income-Joint)


ARTICLE III CONTINUED

 

WITHDRAWAL BASE ADJUSTMENTS

LOGO

Gross partial withdrawals, taken in a rider year, less than or equal to the rider withdrawal amount will not reduce the withdrawal base. Excess withdrawals will reduce the withdrawal base by the withdrawal base adjustment. The withdrawal base adjustment is the greater of 1) and 2), where:

 

l) is the excess withdrawal amount; and

 

2) is the result of (A multiplied by B), divided by C, where:

 

  A) is the excess withdrawal;

 

  B) is the withdrawal base prior to the excess withdrawal amount; and

 

  C) is the policy value after the rider withdrawal amount has been withdrawn, but prior to the withdrawal of the excess withdrawal amount.

ARTICLE IV

CONTINUATION

In the case of spousal joint owners where one spouse is the annuitant, if the spouse who is not the annuitant dies and the surviving spouse is the sole beneficiary, the surviving spouse may elect to continue the policy and rider. In the case of spousal joint owners where one spouse is the annuitant, if the spouse who is the annuitant dies and the surviving spouse is the sole beneficiary, the rider continues until the death of the surviving spouse.

ANNUITIZATION

On the maximum annuity commencement date, as described in your policy, you will have the option to receive lifetime income payments that are no less than your rider withdrawal amount each year. This option will also guarantee that the sum of all income payments received over time will equal or exceed the policy value on the maximum annuity commencement date. If the annuitant or annuitant’s spouse should die before the sum of all income payments received equals or exceeds the policy value on the maximum annuity commencement date, the annuitant’s beneficiary will receive a final payment equal to the difference.

RIDER UPGRADE

You may elect, in writing, to upgrade the withdrawal base to the policy value within [30] days after the [fifth] rider anniversary and every [fifth] rider anniversary thereafter, subject to the issue age restrictions on the new rider. If an upgrade is selected, this rider will terminate and a new rider with the same features will be issued with a new rider date. The new rider will have its own growth rate percentage and rider fee percentages which may not be the same as this rider’s percentages. Other riders with different features may be chosen, if available by the Company.

At the time of upgrade the rider withdrawal amount will be recalculated based on the new withdrawal base.

The new rider date will be the date the Company receives all information necessary, at our Home Office, in a written form acceptable to the Company, to process the upgrade.

 

RGMB 37 0809 (IJ) (NY)

(5) (Income-Joint)


ARTICLE IV CONTINUED

 

TERMINATION

LOGO

This rider will terminate upon the earliest of:

 

1) the date the policy to which this rider is attached terminates;

 

2) the date the policy to which this rider is attached is assigned or if the owner is changed without our approval;

 

3) the later of the annuitant’s or annuitant’s spouse’s death;

 

4) the date you elect to upgrade (as described in Article IV of this rider);

 

5) the date you elect to receive annuity payments under your policy; and

 

6) the date you notify us in writing of your intention to terminate this rider (this date must be within [30] days after the [fifth] rider anniversary and every [fifth] rider anniversary thereafter).

Termination of the rider will result in the loss of all benefits provided by the rider.

 

Signed for us at our home office.
LOGO LOGO

 

RGMB 37 0809 (IJ) (NY)

(6) (Income-Joint)


APPENDIX    LOGO

The quarterly fee is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

1) Withdrawal Base

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value

 

4) Number of days in the rider quarter divided by the number of days within the applicable rider year

The fee adjustment for additional premium payments and excess withdrawals is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

1) Withdrawal base change (i.e. withdrawal base after the transaction minus the withdrawal base before the transaction)

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total transaction amount

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year

The fee adjustment for fund transfers is calculated as follows:

 

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

1) Withdrawal base

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year

The following two examples use assumed fees and values listed in the table below. The assumed rider year is not a leap year.

 

Designated          Initial      Additional Premium  

Allocation Group

   Fee     Policy Value      Used in Example 2  

Group A

     2.50   $ 50,000       $ 5,000   

Group B

     2.40   $ 30,000       $ 3,000   

Group C

     2.30   $ 20,000       $ 2,000   

Example 1: Calculation at rider issue for first quarter fee assuming an initial withdrawal base of $100,000.

= 100,000 * [(50,000*0.0250) + (30,000*0.0240) + (20,000*0.0230)] / 100.000 * (91/365)

= 100,000 * (1,250 + 720 + 460) / 100,000 * (91/365)

= 100,000 * 2,430/100,000 * (91/365)

= 2,430 * (91/365)

= $605.84

Example 2: Calculation for first quarter fee assuming initial withdrawal base from Example 1 above, plus adjustment for additional premium payment of $10,000 made with 20 days remaining in the first rider quarter (invested as shown above). The withdrawal base change and total transaction amount equal $10,000.

Fee adjustment as follows:

= 10,000 * [(5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 10,000 * (20/365)

= 10,000 * (125 + 72 + 46) / 10,000 * (20/365)

= 10,000 * 243/10,000 * (20/365)

= 243 * (20/365)

= $13.32

Total fee assessed on first rider quarterversary (assuming no further rider fee adjustments):

= 13.32 + 605.84

= $619.16

 

RGMB 37 0809 (IJ) (NY)

  (A-1)   (Income-Joint)


The following three examples use assumed fees and values listed in the table below. The assumed rider year is not a leap year.

 

Designated                 Partial Withdrawal      Fund Transfer  

Allocation Group

   Fee     Policy Value      Used in Example 4      Used in Example 5  

Group A

     2.50   $ 49,000       $ -5,000       $ -5,000   

Group B

     2.40   $ 29,000       $ -3,000       $ 3,000   

Group C

     2.30   $ 19,000       $ -2,000       $ 2,000   

Example 3: Calculation for second quarter fee at beginning of second rider quarter, assuming withdrawal base of $110,000 and policy value of $97,000 invested as above.

= 110,000 * [(49,000*0.0250) + (29.000*0.0240) + (19,000*0.0230)] / 97,000 * (91/365)

= 110,000 * (1,225 + 696 + 437) / 91,000 * (91/365)

= 110,000 * 2,358/97.000 * (91/365)

= 2,674.02 * (91/365)

= $666.67

Example 4: Calculation for second quarter fee assuming beginning values as in Example 3 above, plus adjustment for partial withdrawal of $10,000 taken with 40 days remaining in the second rider quarter. Assumes withdrawal percentage of 4.5%, policy value of $97.000 prior to the transaction and change in withdrawal base as follows:

Rider Withdrawal Amount (RWA) = Withdrawal Base * Withdrawal Percentage = 110,000 * .045 = $4,950

Excess Withdrawal = Difference between assumed withdrawal amount and RWA = 10,000 - 4,950 = $5,050

Withdrawal Base Adjustment = Max (Excess Withdrawal, Excess Withdrawal * Withdrawal Base prior to withdrawal / Policy Value after RWA has been withdrawn but before excess withdrawal) = Max [5,050, 5,050 * 110,000 / (97,000-4,950)] = Max (5,050, 6,034.76) = $6,034.76

Fee adjustment as follows:

 

= -6,034.76 * [(5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 10,000 * (40/365)

= -6,034.76 * (125 + 72 + 46) / 10,000 * (40/365)

= -6,034.76 * 243/10,000 * (40/365)

= -146.64 * (40/365)

= $-16.07

 

Total fee assessed on second rider quarterversary (assuming no further rider fee adjustments):

 

= 666.67 - 16.07

= $650.60

   LOGO

The new Withdrawal Base = $110,000 - $6,034.76 = $103,965.24

Example 5: Calculation for fund transfer occurring during second quarter with 25 days remaining in the rider quarter, assuming heginning values as in Example 3 and withdrawal adjustment as in Example 4 above.

Withdrawal Base = $103,965.24 and assumed policy value of $90,000. Fund transfer amount of $5,000 as allocated in table above.

Fee adjustment as follows:

= 103,965.24 * [(-5,000*0.0250) + (3,000*0.0240) + (2.000*0.0230)] / 90,000 * (25/365)

= 103,965.24 * (-125 + 72 + 46) / 90,000 * (25/365)

= 103,965.24 * - 7/90,000 * (25/365)

= -8.09 * (25/365) 

= $-0.55

Total fee assessed on second rider quarterversary (assuming no further rider fee adjustments):

= 650.60 - 0.55

= $650.05

 

RGMB 37 0809 (IJ) (NY)

  (A-2)   (Income-Joint)


LOGO

Home Office located at:

[4 Manhattanville Road, Purchase, New York 10577]

Adm. Office located at:

[4333 Edgewood Road N.E. Cedar Rapids, Iowa 52499]

A Stock Company (Hereafter called the Company, we, our or us) [(319) 355-8511]

RETIREMENT INCOME CHOICE WITH DEATH BENEFIT RIDER

This rider is issued as a part of the policy (contract) to which it is attached.

All provisions of the policy that do not conflict with this rider apply to this rider. In the event of any conflict between the provisions of this rider and the provisions of the policy, the provisions of this rider shall prevail over the provisions of the policy.

Rider Data Specification

 

Policy Number:     l2345  
Rider Date:     06/26/2009  
Growth Rate Percentage:   5.00%
Rider Fee Percentages:   LOGO
Designated Allocation Group A:     1.45%  
Designated Allocation Group B:   1.10%  

Designated Allocation Group C:  

  0.60%  
    

Annuitant:  

  John Doe  
   

Annuitant’s Issue Age/Sex:  

  65 / Male  

Annuitant’s Spouse:  

Jane Doe  

Annuitant’s Spouse’s Issue Age/Sex:  

  65 / Female  

ARTICLE I

You may cancel this rider on or before midnight of the thirtieth calendar day after you received it and no rider fees will be assessed.

This rider provides a minimum withdrawal benefit that guarantees, upon election, a series of withdrawals from the policy equal to the Withdrawal Percentage shown in Article III applied to the withdrawal base. The withdrawal base is established for the sole purpose of determining the minimum withdrawal benefit and is not used in calculating the cash surrender value or other guaranteed benefits.

If you elect this rider, 100% of your policy value must be in one or more of the designated investment options.

You can generally transfer between the designated investment options as permitted under your policy; however, you cannot make transfers as provided for in the policy to a non-designated investment option while this rider is in force. If you wish to make a transfer to a non-designated investment option, this rider must be terminated, as described in Article IV, prior to making the transfer.

The annuitant’s spouse as of the rider date is hereafter referred to as the annuitant’s spouse. As it pertains to the benefits of this rider, the annuitant’s spouse cannot be changed. The annuitant’s spouse must be the sole primary beneficiary and/or a joint owner. The only living owners allowed on the policy to which this rider is attached are the annuitant and the annuitant’s spouse.

DEFINITIONS:

Terms used that are not defined in this rider shall have the same meaning as those in your policy.

Designated Investment Options

Investment options authorized for use with this rider and identified by us as designated investment options.

Excess Withdrawal

The excess of a gross partial withdrawal over the rider withdrawal amount remaining prior to the withdrawal, if any.

Gross Partial Withdrawal

The amount that will be deducted from your policy value as a result of each partial withdrawal.

 

RGMB 37 0809 (AJ) (NY)

(1) (Income/Death-Joint)


ARTICLE I CONTINUED LOGO

Rider Anniversary

The anniversary of the rider date.

Rider Fee

The fee charged for the benefits under this rider. The fee will be charged on each rider quarterversary by the Company.

Rider Monthiversary

The same day of the month as the rider date, or the next business day if our Administrative Office or the New York Stock Exchange is closed.

Rider Quarter

Each three-month period following the rider date.

Rider Quarterversary

For each rider quarter, the same day of the month as the rider date, or the next business day if our Administrative Office or the New York Stock Exchange is closed.

Rider Withdrawal Amount

The maximum amount that can be withdrawn from the policy each rider year without causing an excess withdrawal under the terms of this rider and thus reducing the withdrawal base. This amount will change if the withdrawal base changes.

Rider Year

Each twelve-month period following the rider date.

Valuation Period

The period of time from one determination of the value of a subaccount to the next. Such determinations are made when the value of the assets and liabilities of each subaccount is calculated. This is generally the close of business on each day on which the New York Stock Exchange is open.

Withdrawal Base

The amount used to calculate the rider withdrawal amount and the rider fee. This amount cannot be taken as a lump sum.

ARTICLE II

RIDER FEES

The rider fee is deducted on each rider quarterversary in arrears. The fee is calculated at issue and at the beginning of each rider quarter for the upcoming quarter. The rider fee percentage will not change during the first five rider years, and will only change thereafter due to an automatic step-up. You will be notified of any increase in the rider fee percentage. A portion of this fee will also be deducted when the rider is terminated based on the number of days that have elapsed since the previous rider quarterversary.

The stored fee will be adjusted for new deposits, transfers among designated investment options and excess withdrawals made during the rider quarter.

Fees will be calculated and stored on the day the rider is issued and at the beginning of each rider quarter. They will be deducted automatically from each subaccount on a pro rata basis on each rider quarterversary. The annual fee percentages for each designated allocation group are shown on page 1, in the Rider Data Specification section.

The quarterly fee is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4).

 

1) Withdrawal Base;

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value;

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year.

Please see the Appendix attached to this rider which illustrates how the rider fee is calculated.

 

RGMB 37 0809 (AJ) (NY)

(2) (Income/Death-Joint)


ARTICLE III    LOGO

GUARANTEED LIFETIME WITHDRAWAL BENEFIT

Under this rider, we guarantee that you can receive up to the rider withdrawal amount each rider year, regardless of the policy value, (either through withdrawals or payments, where payments are equal to the rider withdrawal amount if your policy value equals zero) until the annuitant’s or the annuitant’s spouse’s death, whichever is later.

The withdrawal percentage is determined by the attained age (age at last birthday) of the younger of the living spouses at the time of the first withdrawal of any amount from the policy value taken on or after the rider anniversary following the younger of the living spouse’s 59th birthday. Once the withdrawal percentage is established, it may only be changed by an upgrade or automatic step-up and redetermined at that time. Upon automatic step-up, the withdrawal percentages will be reset based on the attained age of the younger of the living spouses at the time of the automatic step-up. The withdrawal percentages are shown in the table below.

 

     Withdrawal  

Attained Age

   Percentage  

59 - 69

     3.5

70 - 79

     4.5

80 +

     5.5

If the younger of the annuitant and the annuitant’s spouse is not yet 59 on the rider date, the withdrawal percentage will be zero until the rider anniversary following the younger of the living spouse’s 59th birthday. Withdrawals prior to age 59 1/2 will be subject to the 10% penalty tax.

Withdrawals will reduce the policy value of the policy to which this rider is attached. If the policy value equals zero, you cannot make subsequent premium payments and all other policy features, benefits and guarantees are no longer available. Also, if the policy value equals zero, you will need to request payments by selecting the amount and frequency in accordance with the policy provisions to which this rider attaches, equal to the rider withdrawal amount. Once the payment amount and frequency are established, they cannot be changed and no additional withdrawals will be allowed.

We guarantee that you may withdraw up to the rider withdrawal amount each year regardless of the policy value until the annuitant’s death.

Example

Assume the younger of the annuitant and the annuitant’s spouse is 75 and withdrawals begin and your Withdrawal Base is $100,000. Assuming a withdrawal percentage of 4.5%, you could withdraw up to $4,500 each rider year until the annuitant’s or the annuitant’s spouse’s death, which ever is later (assuming that you do not withdraw more than $4,500 in any one rider year).

Any amount you withdraw in excess of the rider withdrawal amount may impact the withdrawal base on a greater than dollar-for-dollar basis.

Please see the Appendix attached to this rider which illustrates the withdrawal benefit.

The Guaranteed Lifetime Withdrawal Benefit can only be taken as a withdrawal benefit and it does not increase the policy value.

ISSUE AGE AND SURVIVAL

The benefits under this rider depend on the annuitant or annuitant’s spouse being alive at the time of withdrawal and the amount of the benefit depends on the attained age of the annuitant and annuitant’s spouse. Proof of survival and the date of birth may be required by the Company.

If the younger of the spouses’ ages has been misstated, this rider’s fees and benefits will be adjusted to the amounts which would have been calculated for the correct age. However, if this rider would not have been issued had the age not been misstated, the rider is treated as if it never existed, and any fees charged for this rider would be returned. If withdrawals under the provisions of the rider have already commenced and the misstatement caused the rider withdrawal amount to be overstated, any withdrawal in excess of the correct rider withdrawal amount will be considered an excess withdrawal and will impact the withdrawal base and rider withdrawal amount. If overpayments occurred when the sum of the accumulated values in all the investment options was zero, the amount of that overpayment will be deducted from one or more future payments until this amount is paid in full.

 

RGMB 37 0809 (AJ) (NY)

  (3)   (Income/Death-Joint)


ARTICLE III CONTINUED LOGO

RIDER WITHDRAWAL AMOUNT

The rider withdrawal amount will be equal to the greater of l) and 2), where:

 

l) is the withdrawal percentage multiplied by the withdrawal base;

 

2) is an amount equal to the minimum required distribution amount, if any. Prior to the 1st rider anniversary, this amount is based on the initial policy value on the rider date. After this time, the minimum required distribution is calculated based on the rules established by the IRS. The minimum required distribution may only be used if all of the following are true:

 

  A) the policy to which this rider is attached is a tax-qualified policy for which IRS minimum required distributions are required,

 

  B) the minimum required distributions do not start prior to the annuitant’s attained age 70 l/2,

 

  C) the minimum required distributions are based on either the Uniform Lifetime table or the Joint Life and Last Survivor Expectancy table,

 

  D) the minimum required distributions are based on age of the living annuitant or the annuitant’s spouse if the annuitant is deceased. The minimum required distributions can not be based on the age of someone who is deceased,

 

  E) the minimum required distributions are based only on the policy to which this rider is attached, and

 

  F) the minimum required distributions are only for the current rider year. Amounts carried over from past rider years are not considered.

If any of the above are not true, then 2) is equal to zero and it is not available as a rider withdrawal amount.

If you withdraw less than the rider withdrawal amount in a rider year, the unused portion cannot be carried over to the next rider year.

WITHDRAWAL BASE

The withdrawal base is used to calculate the rider withdrawal amount. On the rider date, the initial withdrawal base is equal to the policy value (less any premium enhancements if the rider is added in the first policy year). During any rider year, the withdrawal base is increased by subsequent premium payments (not including premium enhancements, if any), and is reduced for excess withdrawals.

On each rider anniversary, the withdrawal base will be set to the greatest of:

 

1) The current withdrawal base;

 

2) The policy value on the rider anniversary;

 

3) The highest policy value on a rider monthiversary for the current rider year; or

 

4) The current withdrawal base immediately prior to rider anniversary processing increased by the growth rate percentage.

Item 3) above will be zero if there have been any excess withdrawals in the current rider year. Item 4) above will be zero after the [10th] rider anniversary or if there have been any withdrawals in the current rider year.

 

RGMB 37 0809 (AJ) (NY)

(4) (Income/Death-Joint)


ARTICLE III CONTINUED LOGO

AUTOMATIC STEP-UP FEATURE

The rider receives an automatic step-up on the rider anniversary if the withdrawal base is set equal to the policy value or the highest policy value on a rider monthiversary. This feature does not require the termination of the existing rider. This rider will continue with the same rider date and features. The rider fee and withdrawal percentages may be changed due to an automatic step-up, but there will be no increase in the rider fee percentage during the first five rider years. Following the fifth rider anniversary, the rider fee percentage may be increased due to an automatic step-up, but will not increase more than [0.75%] from the initial rider fee percentages shown on page 1.

You have the right to reject an automatic step-up within [30] days following a rider anniversary, if the rider fee percentage increases. If you reject an automatic step-up, you must notify us in a manner which is acceptable to us, however you are eligible for future automatic step-ups. Changes as a result of the automatic step-up feature will be reversed. Any increase in the rider fee or withdrawal percentages will also be reversed.

WITHDRAWAL BASE ADJUSTMENTS

Gross partial withdrawals, taken in a rider year, less than or equal to the rider withdrawal amount will not reduce the withdrawal base. Excess withdrawals will reduce the withdrawal base by the withdrawal base adjustment. The withdrawal base adjustment is the greater of l) and 2), where:

 

1) is the excess withdrawal amount; and

 

2) is the result of (A multiplied by B), divided by C, where:

 

  A) is the excess withdrawal;

 

  B) is the withdrawal base prior to the excess withdrawal amount; and

 

  C) is the policy value after the rider withdrawal amount has been withdrawn, but prior to the withdrawal of the excess withdrawal amount.

RIDER DEATH BENEFIT

Upon the later of the annuitant or the annuitant’s spouse’s death, we will pay an additional death benefit amount equal to the excess. if any, of the rider death benefit over the greater of the base policy death benefit or the guaranteed minimum death benefit, if applicable, and this rider will then terminate. The rider death benefit on the rider date is equal to the policy value (less any premium enhancements, if the rider is added in the first policy year). The rider death benefit after the rider date is equal to the rider death benefit on the rider date plus any premiums (not including premium enhancements, if any) added after the rider date less any rider death benefit adjustments.

The rider death benefit does not reset due to the automatic step-up.

RIDER DEATH BENEFIT ADJUSTMENTS

Cumulative gross partial withdrawals, taken in a rider year, up to the rider withdrawal amount will reduce the rider death benefit by the same amount (dollar for dollar). Excess withdrawals will reduce the rider death benefit by the greater of:

 

1) the excess withdrawal amount; and

 

2) the result of (A divided by B), multiplied by C, where:

 

  A) is the excess withdrawal;

 

  B) is the policy value after the rider withdrawal amount has been withdrawn, but prior to the excess withdrawal; and

 

  C) is the rider death benefit after the rider withdrawal amount has been withdrawn, but prior to the excess withdrawal.

 

RGMB 37 0809 (AJ) (NY)

(5) (Income/Death-Joint)


ARTICLE IV LOGO

CONTINUATION

In the case of spousal joint owners where one spouse is the annuitant, if the spouse who is not the annuitant dies and the surviving spouse is the sole beneficiary, the surviving spouse may elect to continue the policy and rider. No additional death benefit will be paid under this rider at this time. In the case of spousal joint owners where one spouse is the annuitant, if the spouse who is the annuitant dies and the surviving spouse is the sole beneficiary, the rider continues until the death of the surviving spouse.

ANNUITIZATION

On the maximum annuity commencement date, as described in your policy, you will have the option to receive lifetime income payments that are no less than your rider withdrawal amount each year. This option will also guarantee that the sum of all income payments received over time will equal or exceed the greater of the policy value or the rider death benefit on the maximum annuity commencement date. If the annuitant or annuitant’s spouse should die before the sum of all income payments received equals or exceeds the greater of the policy value or the rider death benefit on the maximum annuity commencement date, the annuitant’s beneficiary will receive a final payment equal to the difference.

RIDER UPGRADE

You may elect, in writing, to upgrade the withdrawal base to the policy value within [30] days after the [fifth] rider anniversary and every [fifth] rider anniversary thereafter, subject to the issue age restrictions on the new rider. If an upgrade is selected, this rider will terminate and a new rider with the same features will be issued with a new rider date. The new rider will have its own growth rate percentage and rider fee percentages which may not be the same as this rider’s percentages. Other riders with different features may be chosen, if available by the Company.

At the time of upgrade, the rider death benefit will also be upgraded to the policy value and the rider withdrawal amount will be recalculated based on the new withdrawal base.

The new rider date will be the date the Company receives all information necessary, at our Home Office, in a written form acceptable to the Company, to process the upgrade.

TERMINATION

This rider will terminate upon the earliest of:

 

1) the date the policy to which this rider is attached terminates;

 

2) the date the policy to which this rider is attached is assigned or if the owner is changed without our approval;

 

3) the later of the annuitant’s or annuitant’s spouse’s death;

 

4) the date you elect to upgrade (as described in Article IV of this rider);

 

5) the date you elect to receive annuity payments under your policy; and

 

6) the date you notify us in writing of your intention to terminate this rider (this date must be within [30] days after the [fifth] rider anniversary and every [fifth] rider anniversary thereafter).

Termination of the rider will result in the loss of all benefits provided by the rider.

Signed for us at our home office.

 

LOGO LOGO

 

RGMB 37 0809 (AJ) (NY)

(6) (Income/Death-Joint)


APPENDIX

 

The quarterly fee is calculated as follows:

 

Multiply (1) by (2) divided by (3) multiplied by (4) where:

   LOGO

 

1) Withdrawal Base

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value

 

4) Number of days in the rider quarter divided by the number of days within the applicable rider year

The fee adjustment for additional premium payments and excess withdrawals is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

l) Withdrawal base change (i.e. withdrawal base after the transaction minus the withdrawal base before the transaction)

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total transaction amount

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year

The fee adjustment for fund transfers is calculated as follows:

Multiply (1) by (2) divided by (3) multiplied by (4) where:

 

1) Withdrawal base

 

2) Product of each designated allocation group rider fee percentage and the applicable designated allocation group value, summed together;

 

3) Total policy value

 

4) Number of days remaining in the rider quarter divided by the number of days within the applicable rider year

The following two examples use assumed fees and values listed in the table below. The assumed rider year is not a leap year.

 

Designated

Allocation Group

   Fee     Initial
Policy Value
     Additional Premium
Used in Example 2
 

Group A

     2.50   $ 50,000       $ 5,000   

Group B

     2.40   $ 30,000       $ 3,000   

Group C

     2.30   $ 20,000       $ 2,000   

Example 1: Calculation at rider issue for first quarter fee assuming an initial withdrawal base of $100,000.

= 100,000 * [(50,000*0.0250) + (30,000*0.0240) + (20,000*0.0230)] / 100,000 * (91/365)

= 100,000 * (1,250 + 720 + 460) / 100,000 * (91/365)

= 100,000 * 2,430/100,000 * (91/365)

= 2,430 * (91/365)

= $605.84

Example 2: Calculation for first quarter fee assuming initial withdrawal base from Example 1 above, plus adjustment for additional premium payment of $10,000 made with 20 days remaining in the first rider quarter (invested as shown above). The withdrawal base change and total transaction amount equal $10,000.

Fee adjustment as follows:

= 10,000 * [(5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 10,000 * (20/365)

= 10,000 * (125 + 72 + 46) / 10,000 * (20/365)

= 10,000 * 243/10,000 * (20/365)

= 243 * (20/365)

= $13.32

Total fee assessed on first rider quarterversary (assuming no further rider fee adjustments):

= 13.32 + 605.84

= $619.16

 

RGMB 37 0809 (AJ) (NY)

  (A-1)   (Income/Death-Joint)


The following three examples use assumed fees and values listed in the table below. The assumed rider year is not a leap year.

 

Designated

Allocation Group

   Fee     Policy
Value
     Partial Withdrawal
Used in Example 4
     Fund Transfer
Used in Example 5
 

Group A

     2.50   $ 49,000       $ -5,000       $ -5,000   

Group B

     2.40   $ 29,000       $ -3,000       $ 3,000   

Group C

     2.30   $ 19,000       $ -2,000       $ 2,000   

Example 3: Calculation for second quarter fee at beginning of second rider quarter, assuming withdrawal base of $110,000 and policy value of $97,000 invested as above.

= 110,000 * [(49,000*0.0250) + (29,000*0.0240) + (19,000*0.0230)] / 97,000 * (91/365)

= 110,000 * (1,225 + 696 + 437) / 97,000 * (91/365)

= 110,000 * 2,358/97,000 * (91/365)

= 2,674.02 * (91/365)

= $666.67

Example 4: Calculation for second quarter fee assuming beginning values as in Example 3 above, plus adjustment for partial withdrawal of $10,000 taken with 40 days remaining in the second rider quarter. Assumes withdrawal percentage of 4.5%, policy value of $97,000 prior to the transaction and change in withdrawal base as follows:

Rider Withdrawal Amount (RWA) = Withdrawal Base * Withdrawal Percentage = 110,000 * .045 = $4,950

Excess Withdrawal = Difference between assumed withdrawal amount and RWA = 10,000 - 4,950 = $5,050

Withdrawal Base Adjustment = Max (Excess Withdrawal, Excess Withdrawal* Withdrawal Base prior to withdrawal / Policy Value after RWA has been withdrawn but before excess withdrawal) = Max [5,050, 5,050 * 110,000 / (97,000-4,950)] = Max (5,050, 6,034.76) = $6,034.76

Fee adjustment as follows:

 

= -6,034.76 * [(5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 10,000 * (40/365)

= -6,034.76 * (125 + 72 + 46) / 10,000 * (40/365)

= -6,034.76 * 243/10,000 * (40/365)

= -146.64 * (40/365)

= $-16.07

 

Total fee assessed on second rider quarterversary (assuming no further rider fee adjustments):

 

= 666.67- 16.07

= $650.60

   LOGO

The new Withdrawal Base = $110,000 - $6,034.76 = $103,965.24

Example 5: Calculation for fund transfer occurring during second quarter with 25 days remaining in the rider quarter, assuming beginning values as in Example 3 and withdrawal adjustment as in Example 4 above.

Withdrawal Base = $103,965.24 and assumed policy value of $90,000. Fund transfer amount of $5,000 as allocated in table above.

Fee adjustment as follows:

= 103,965.24 * [(-5,000*0.0250) + (3,000*0.0240) + (2,000*0.0230)] / 90,000 * (25/365)

= 103,965.24 * (-125 + 72 + 46) / 90,000 * (25/365)

= 103,965.24 * -7/90,000 * (25/365)

= -8.09 * (25/365)

= $-0.55

Total fee assessed on second rider quarterversary (assuming no further rider fee adjustments):

= 650.60 - 0.55

= $650.05

 

RGMB 37 0809 (AJ) (NY)

  (A-2)   (Income/Death-Joint)