-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LR/KhQA3epG0UTq308J89ulQKqQE8cm6nWbN9fGjVSj364LB4GPGYABXHlUfImNJ ydrryXbF9h5vaoG4eBGh8Q== 0000771726-98-000167.txt : 19981201 0000771726-98-000167.hdr.sgml : 19981201 ACCESSION NUMBER: 0000771726-98-000167 CONFORMED SUBMISSION TYPE: 485BPOS PUBLIC DOCUMENT COUNT: 4 FILED AS OF DATE: 19981130 EFFECTIVENESS DATE: 19981130 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SEPARATE ACCOUNT NO 45 OF EQUITABLE LIFE ASSUR SOCIETY OF US CENTRAL INDEX KEY: 0000929634 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000] STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 485BPOS SEC ACT: SEC FILE NUMBER: 033-83750 FILM NUMBER: 98761149 FILING VALUES: FORM TYPE: 485BPOS SEC ACT: SEC FILE NUMBER: 811-08754 FILM NUMBER: 98761150 BUSINESS ADDRESS: STREET 1: 1290 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10104 BUSINESS PHONE: 2127144595 MAIL ADDRESS: STREET 2: 1290 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10104 485BPOS 1 POST-EFFECTIVE AMENDMENT Registration No. 33-83750 Registration No. 811-8754 - ------------------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ------------------------- FORM N-4 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 [ ] Pre-Effective Amendment No. [ ] Post-Effective Amendment No. 11 [X] AND/OR REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 [ ] Amendment No. 14 [X] (Check appropriate box or boxes) ------------------------- SEPARATE ACCOUNT No. 45 of THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES (Exact Name of Registrant) ------------------------- THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES (Name of Depositor) 1290 Avenue of the Americas, New York, New York 10104 (Address of Depositor's Principal Executive Offices) Depositor's Telephone Number, including Area Code: (212) 554-1234 ------------------------- MARY P. BREEN VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL The Equitable Life Assurance Society of the United States 1290 Avenue of the Americas, New York, New York 10104 (Name and Address of Agent for Service) ------------------------- Please send copies of all communications to: PETER E. PANARITES Freedman, Levy, Kroll & Simonds 1050 Connecticut Avenue, N.W., Suite 825 Washington, D.C. 20036 ------------------------- Approximate Date of Proposed Public Offering: Continuous It is proposed that this filing will become effective (check appropriate box): [X] Immediately upon filing pursuant to paragraph (b) of Rule 485 . [ ] On ______ pursuant to paragraph (b) of Rule 485. [ ] 60 days after filing pursuant to paragraph (a)(1) of Rule 485. [ ] On (date) pursuant to paragraph (a)(1) of Rule 485. If appropriate, check the following box: [ ] This post-effective amendment designates a new effective date for previously filed post-effective amendment. Title of Securities Being Registered: Units of interest in Separate Account under variable annuity contracts. NOTE The purpose of this post-effective amendment ("Amendment") is to file two prospectus supplements separately describing a 1% reduction in the rate of interest credited under (i) the "Roll Up to Age 80" Guaranteed Minimum Death Benefit ("GMDB"), and the Guaranteed Minimum Income Beenefit ("GMIB") benefit base, and (ii) the GMBD and GMIB benefit base for annuitant issue ages 76 through 83, as discussed in the supplements. The supplements also describe a change in the interest rate upon which the guaranteed minimum annuity purchase factors are based under the GMIB. In addition, certain related exhibits are being filed. The Amendment does not amend or delete the Prospectus, Prospectus Profile, or Statement of Additional Information, dated May 1, 1998, any Supplements thereto, or any other part of the Registration Statement except as specifically noted herein. 64560v1 SUPPLEMENT TO EQUITABLE ACCUMULATOR(SM) (IRA, NQ, AND QP) PROSPECTUS DATED MAY 1, 1998, AND TAX SHELTERED ANNUITY SUPPLEMENT DATED JUNE 18, 1998 Combination Variable and Fixed Deferred Annuity Certificates Issued By The Equitable Life Assurance Society of the United States - -------------------------------------------------------------------------------- This prospectus supplement (SUPPLEMENT) changes certain information contained in the Profile and Prospectus dated May 1, 1998, and the Tax Sheltered Annuity prospectus supplement (TSA SUPPLEMENT) dated June 18, 1998. Capitalized terms have the same meaning as in the Prospectus and TSA Supplement. Effective January 4, 1999, the interest rate credited under the Guaranteed Minimum Income Benefit benefit base and the Guaranteed Minimum Death Benefit will be reduced to 5% (3% for amounts in the Alliance Money Market Fund, Alliance Intermediate Government Securities Fund, and the GIROs). The guaranteed minimum annuity purchase factors used in calculating the Guaranteed Minimum Income Benefit will be based on interest at 2.5% for all years. For applications received at our Processing Office on or before December 31, 1998, with funds received by December 31, 1998, the benefits as described in the Prospectus will apply. For applications where funds are to be received under 1035 Exchanges and direct custodian-to-custodian IRA or TSA transfers, if all paperwork is received at our Processing Office on or before December 31, 1998, with funds received by February 26, 1999, the benefits described in the Prospectus will also apply. For all applications received at our Processing Office after December 31, 1998, the benefits as described in this Supplement will apply. THE FOLLOWING CHANGES APPLY TO THE PROFILE: IN THE FIRST PARAGRAPH OF ITEM 5 "EXPENSES" "5% ROLL UP TO AGE 80" REPLACES "6% ROLL UP TO AGE 80" AND "5% ROLL UP TO AGE 70" REPLACES "6% ROLL UP TO AGE 70." IN THE TABLE UNDER "EXPENSES" IN ITEM 5, PLEASE NOTE THAT THE EXPENSE NUMBERS UNDER THE COLUMN HEADING "10 YEARS" WILL BE SLIGHTLY LOWER THAN THE NUMBERS SHOWN DUE TO THE REDUCTION IN THE INTEREST RATE CREDITED UNDER THE GUARANTEED MINIMUM INCOME BENEFIT BENEFIT BASE. IN THE SECOND PARAGRAPH OF ITEM 9 "DEATH BENEFIT," "5% ROLL UP TO AGE 80" REPLACES "6% ROLL UP TO AGE 80." THE FOLLOWING REPLACES THE THIRD PARAGRAPH IN ITEM 9 "DEATH BENEFIT": 5% Roll Up to Age 80 (Not available in New York) -- We add interest to the initial amount at 5% (3% for amounts in the Alliance Money Market Fund, Alliance Intermediate Government Securities Fund, and GIROs) through the annuitant's age 80 (or at the annuitant's death, if earlier). The 5% interest rate will still apply for amounts in the Alliance Money Market Fund under the Special Dollar Cost Averaging program discussed in item 10 "OTHER INFORMATION." IN ITEM 10 "OTHER INFORMATION" UNDER "BASEBUILDER BENEFITS(R)" -- "DEATH BENEFIT," "5% ROLL UP TO AGE 80" REPLACES "6% ROLL UP TO AGE 80." - -------------------------------------------------------------------------------- Copyright 1998 The Equitable Life Assurance Society of the United States, New York, New York 10104. All rights reserved. Accumulator is a service mark, and baseBUILDER and Income Manager are registered service marks of The Equitable Life Assurance Society of the United States. SUPPLEMENT DATED November 30, 1998 PROS AGT SUPP3 (11/98) THE FOLLOWING REPLACES THE FOURTH PARAGRAPH IN ITEM 10 "OTHER INFORMATION" UNDER "BASEBUILDER BENEFITS(R)" -- "DEATH BENEFIT": 5% Roll Up to Age 70 -- We add interest to the initial amount at 5% (3% for amounts in the Alliance Money Market Fund, Alliance Intermediate Government Securities Fund, and GIROs) through the annuitant's age 70 (or at the annuitant's death, if earlier). The 5% interest rate will still apply for amounts in the Alliance Money Market Fund under the Special Dollar Cost Averaging program discussed in item 10 "OTHER INFORMATION." THE FOLLOWING CHANGES APPLY TO THE PROSPECTUS AND TSA SUPPLEMENT: IN FOOTNOTE (4) ON PAGE 9 OF THE PROSPECTUS, "5% ROLL UP TO AGE 80" REPLACES "6% ROLL UP TO AGE 80" AND "5% ROLL UP TO AGE 70" REPLACES "6% ROLL UP TO AGE 70." IN THE TABLE UNDER THE HEADING "EXAMPLES" ON PAGE 11 OF THE PROSPECTUS, PLEASE NOTE THAT OTHER THAN FOR SURRENDER IN THE FIRST YEAR WHEN THE EXPENSE NUMBERS WILL BE THE SAME, THE NUMBERS WILL BE SLIGHTLY LOWER THAN THE NUMBERS SHOWN DUE TO THE CHANGE IN THE INTEREST RATE CREDITED UNDER THE GUARANTEED MINIMUM INCOME BENEFIT BENEFIT BASE. THE FOLLOWING REPLACES THE FIRST PARAGRAPH UNDER THE HEADING "BASEBUILDER BENEFITS" ON PAGE 28 OF THE PROSPECTUS: The baseBUILDER option provides guaranteed benefits in the form of a Combined Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit. The combined benefit is available for Annuitant issue ages 20 through 75 and is subject to an additional charge (see "baseBUILDER Benefits Charge" in Part 6 of the Prospectus). baseBUILDER provides a degree of protection for you while the Annuitant lives (Income Benefit), as well as for the beneficiary should the Annuitant die. As part of baseBUILDER you will have a choice of two Guaranteed Minimum Death Benefit options for Annuitant issue ages 20 through 75: (i) a 5% Roll Up to Age 80 or (ii) an Annual Ratchet to Age 80. Under Traditional IRA Certificates for Annuitant issue ages 20 through 60, we offer an alternative Guaranteed Minimum Death Benefit under the baseBUILDER which is a 5% Roll Up to Age 70. The 5% Roll Up to Age 80 and the Annual Ratchet to Age 80 Guaranteed Minimum Death Benefit choices are still provided under the Certificate even if you do not elect baseBUILDER. The two choices are also provided for Annuitant issue ages 0 through 19 under NQ Certificates and for Annuitant issue ages 76 through 79. The 5% Roll Up to Age 70 is available only under baseBUILDER. baseBUILDER is not currently available in New York. THE FOLLOWING REPLACES THE THIRD PARAGRAPH AND THE CHART FOLLOWING THE PARAGRAPH UNDER THE HEADING "GUARANTEED MINIMUM INCOME BENEFIT" ON PAGE 28 OF THE PROSPECTUS: Illustrated below are Guaranteed Minimum Income Benefit amounts per $100,000 of initial contribution, for a male Annuitant age 60 (at issue of an Income Manager(R) certificate) on Contract Date anniversaries as indicated below, assuming no subsequent contributions, withdrawals, or loans under TSA Certificates, and assuming there were no allocations to the Alliance Money Market Fund, Alliance Intermediate Government Securities Fund or the Guaranteed Period Account. --------------------------------------------------------------- Guaranteed Minimum Income Benefit -- Annual Contract Date Income Payable for Life with Anniversary at Exercise 10 Year Period Certain --------------------------------------------------------------- 7 $ 8,315 10 10,341 15 14,924 --------------------------------------------------------------- 2 THE FOLLOWING REPLACES THE FIRST THREE PARAGRAPHS UNDER THE SUBHEADING "GUARANTEED MINIMUM DEATH BENEFIT" ON PAGE 30 OF THE PROSPECTUS AND THE SECOND PARAGRAPH UNDER THE SUBHEADING "GUARANTEED MINIMUM DEATH BENEFIT" ON PAGE 4 OF THE TSA SUPPLEMENT: Applicable for Annuitant Issue Ages 0 through 79 under NQ Certificates; 20 through 78 under Traditional IRA, Roth IRA and TSA Certificates; and 20 through 70 under QP Certificates You elect either the "5% Roll Up to Age 80" or the "Annual Ratchet to Age 80" Guaranteed Minimum Death Benefit when you apply for a Certificate. Once elected, the benefit may not be changed. 5% Roll Up to Age 80 -- On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 5% (3% for amounts in the Alliance Money Market Fund, Alliance Intermediate Government Securities Fund, and GIROs) on each Contract Date anniversary (compounded annually) through the Annuitant's age 80 (or at the Annuitant's death, if earlier), and 0% thereafter. An interest rate of 5% will apply for amounts in the Alliance Money Market Fund under the Special Dollar Cost Averaging program. Under TSA Certificates, while a loan is outstanding, the amount in the loan reserve account will be credited with interest at 3%. On the date that a subsequent contribution is applied, your current Guaranteed Minimum Death Benefit will increase by the dollar amount of the subsequent contribution. On the date that a withdrawal is made, your Guaranteed Minimum Death Benefit will be adjusted for the withdrawal. See "How Withdrawals Affect Your Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit" below. The 5% Roll Up to Age 80 Guaranteed Minimum Death Benefit is not available in New York. THE FOLLOWING REPLACES THE FIFTH AND SIXTH PARAGRAPHS UNDER THE SUBHEADING "GUARANTEED MINIMUM DEATH BENEFIT" ON PAGE 30 OF THE PROSPECTUS AND THE SECOND PARAGRAPH UNDER THE SUBHEADING "GUARANTEED MINIMUM DEATH BENEFIT" ON PAGE 4 OF THE TSA SUPPLEMENT: Alternate baseBUILDER Guaranteed Minimum Death Benefit applicable under Traditional IRA Certificates for Annuitant Issue Ages 20 through 60 5% Roll Up to Age 70 -- On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 5% (3% for amounts in the Alliance Money Market Fund, Alliance Intermediate Government Securities Fund, and GIROs) on each Contract Date anniversary (compounded annually) through the Annuitant's age 70 (or at the Annuitant's death, if earlier), and 0% thereafter. An interest rate of 5% will apply for amounts in the Alliance Money Market Fund under the Special Dollar Cost Averaging program. Under TSA Certificates, while a loan is outstanding, the amount in the loan reserve account will be credited with interest at 3%. On the date that a subsequent contribution is applied, your current Guaranteed Minimum Death Benefit will increase by the dollar amount of the subsequent contribution. On the date that a withdrawal is made, your Guaranteed Minimum Death Benefit will be adjusted for the withdrawal. See "How Withdrawals Affect Your Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit" below. 3 THE FOLLOWING REPLACES THE INFORMATION UNDER THE HEADING "HOW WITHDRAWALS AFFECT YOUR GUARANTEED MINIMUM INCOME BENEFIT AND GUARANTEED MINIMUM DEATH BENEFIT" ON PAGE 40 OF THE PROSPECTUS: Withdrawals will reduce your guaranteed benefits on either a dollar-for-dollar basis or on a pro rata basis as explained below: Guaranteed Minimum Income Benefit benefit base -- Your current Guaranteed Minimum Income Benefit benefit base (described below) will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in a Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit. Once you take a withdrawal that causes the sum of your withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that same Contract Year will reduce your current Guaranteed Minimum Income Benefit benefit base on a pro rata basis. 5% Roll Up to Age 80 or to Age 70 -- If you elect the 5% Roll Up to Age 70 or to Age 80 Guaranteed Minimum Death Benefit, your current Guaranteed Minimum Death Benefit will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in a Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit. Once you take a withdrawal that causes the sum of your withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that same Contract Year will reduce your current Guaranteed Minimum Death Benefit on a pro rata basis. Annual Ratchet to Age 80 -- If you elect the Annual Ratchet to Age 80 Guaranteed Minimum Death Benefit, each withdrawal will always reduce your current Guaranteed Minimum Death Benefit on a pro rata basis. Reduction on a dollar-for-dollar basis means that your current benefit will be reduced by the dollar amount of the withdrawal. Reduction on a pro rata basis means that we calculate the percentage of the Annuity Account Value (as of the Transaction Date) that is being withdrawn and we reduce your current benefit by that same percentage. For example, if your Annuity Account Value is $30,000 and you withdraw $12,000, you have withdrawn 40% ($12,000/ $30,000) of your Annuity Account Value. If your Guaranteed Minimum Death Benefit was $40,000 prior to the withdrawal, it would be reduced by $16,000 ($40,000 x .40) and your new Guaranteed Minimum Death Benefit after the withdrawal would be $24,000 ($40,000 - - $16,000). The timing of your withdrawals and whether they exceed the 5% threshold described above can have a significant impact on your Guaranteed Minimum Income Benefit or Guaranteed Minimum Death Benefit. THE FOLLOWING REPLACES THE INFORMATION UNDER THE SUBHEADING "GUARANTEED MINIMUM INCOME BENEFIT BENEFIT BASE" ON PAGE 40 OF THE PROSPECTUS AND THE PARAGRAPH UNDER THE SUBHEADING "GUARANTEED MINIMUM INCOME BENEFIT ON PAGE 4 OF THE TSA SUPPLEMENT: On the Contract Date, the Guaranteed Minimum Income Benefit benefit base is equal to the initial contribution. Thereafter, the Guaranteed Minimum Income Benefit benefit base is credited with interest at 5% (3% for amounts in the Alliance Money Market Fund, Alliance Intermediate Government Securities Fund, and GIROs) on each Contract Date anniversary (compounded annually) through the Annuitant's age 80 (age 70 if the 5% Roll Up to Age 70 is elected), and 0% thereafter. An interest rate of 5% will apply for amounts in the Alliance Money Market Fund under the Special Dollar Cost Averaging program. Under TSA Certificates, while a loan is outstanding, the amount in the loan reserve account will be credited with interest at 3%. 4 On the date that a subsequent contribution is applied, your current Guaranteed Minimum Income Benefit benefit base will increase by the dollar amount of the subsequent contribution. On the date that a withdrawal is made, your Guaranteed Minimum Income Benefit benefit base will be reduced by (i) the dollar amount of the withdrawal or (ii) the percentage of the Annuity Account Value being withdrawn, as explained above. The Guaranteed Minimum Income Benefit benefit base will also be reduced by any withdrawal charge remaining on the Transaction Date that you exercise your Guaranteed Minimum Income Benefit. Your Guaranteed Minimum Income Benefit benefit base is applied to guaranteed minimum annuity purchase factors to determine the Guaranteed Minimum Income Benefit. The guaranteed minimum annuity purchase factors are based on (i) interest at 2.5%, and (ii) mortality tables that assume increasing longevity. These interest and mortality factors are generally more conservative than the basis underlying current annuity purchase factors, which means that they would produce less periodic income for an equal amount applied. Your Guaranteed Minimum Income Benefit benefit base does not create an Annuity Account Value or a Cash Value and is used solely for purposes of calculating your Guaranteed Minimum Income Benefit. UNDER "BASEBUILDER BENEFITS CHARGE" ON PAGES 43 OF THE PROSPECTUS, "5% ROLL UP TO AGE 80" REPLACES "6% ROLL UP TO AGE 80" AND "5% ROLL UP TO AGE 70" REPLACES "6% ROLL UP TO AGE 70." 5 THE FOLLOWING REPLACES APPENDIX III ON PAGE 72 OF THE PROSPECTUS: APPENDIX III: GUARANTEED MINIMUM DEATH BENEFIT EXAMPLE - -------------------------------------------------------------------------------- Under the Certificates the death benefit is equal to the Annuity Account Value or, if greater, the Guaranteed Minimum Death Benefit (see "Guaranteed Minimum Death Benefit" on page 3 of this Supplement and on page 30 of the Prospectus). The following is an example illustrating the calculation of the Guaranteed Minimum Death Benefit. Assuming $100,000 is allocated to the Investment Funds (with no allocation to the Alliance Money Market Fund, Alliance Intermediate Government Securities Fund or GIROs), no subsequent contributions, no transfers, no withdrawals, and no loans under a TSA Certificate, the Guaranteed Minimum Death Benefit for an Annuitant age 45 would be calculated as follows:
-------------------------------------------------------------------------------------------------------------------- End of 5% Roll Up to Age 80 Annual Ratchet to Age 80 Contract Annuity Guaranteed Minimum Guaranteed Minimum Year Account Value Death Benefit Death Benefit -------------------------------------------------------------------------------------------------------------------- 1 $105,000 $105,000(1) $105,000(3) 2 $115,500 $110,250(2) $115,500(3) 3 $132,825 $115,763(2) $132,825(3) 4 $106,260 $121,551(1) $132,825(4) 5 $116,886 $127,628(1) $132,825(4) 6 $140,263 $134,010(2) $140,263(3) 7 $140,263 $140,710(1) $140,263(4) --------------------------------------------------------------------------------------------------------------------
The Annuity Account Values for Contract Years 1 through 7 are determined based on hypothetical rates of return of 5.00%, 10.00%, 15.00%, (20.00)%, 10.00%, 20.00% and 0.00%, respectively. 5% ROLL UP TO AGE 80 (1) At the end of Contract Years 1, 4, 5 and again at the end of Contract Year 7, the death benefit will be equal to the Guaranteed Minimum Death Benefit. (2) At the end of Contract Years 2, 3 and again at the end of Contract Year 6, the death benefit will be equal to the Annuity Account Value since it is higher than the current Guaranteed Minimum Death Benefit. ANNUAL RATCHET TO AGE 80 (3) At the end of Contract Years 1, 2 and 3, and again at the end of Contract Year 6, the Guaranteed Minimum Death Benefit is equal to the current Annuity Account Value. (4) At the end of Contract Years 4, 5 and 7, the Guaranteed Minimum Death Benefit is equal to the Guaranteed Minimum Death Benefit at the end of the prior year since it is equal to or higher than the current Annuity Account Value. 6 SUPPLEMENT TO EQUITABLE ACCUMULATOR(SM) (IRA, NQ AND QP) PROSPECTUS DATED MAY 1, 1998 AND TAX SHELTERED ANNUITY SUPPLEMENT DATED JUNE 18, 1998 COMBINATION VARIABLE AND FIXED DEFERRED ANNUITY CERTIFICATES Issued By: The Equitable Life Assurance Society of the United States - ------------------------------------------------------------------------------- This prospectus supplement (SUPPLEMENT) changes certain information in the Equitable Accumulator (IRA, NQ and QP) prospectus dated May 1, 1998, and the Tax Sheltered Annuity prospectus supplement dated June 18, 1998 (TSA SUPPLEMENT). This Supplement describes the baseBUILDER(R) Combined Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit offered to Annuitant issue ages 76 through 83. Capitalized terms in this supplement have the same meaning as in the Prospectus and TSA Supplement. The versions of the Combined Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit discussed on page 28 of the prospectus under "baseBUILDER Benefits" and pages 3 and 4 of the TSA Supplement are not available for Annuitant issue ages 76 through 83. The combined benefit available for these issue ages was offered under prospectus supplements dated May 1, 1998 and June 18, 1998 (PRIOR SUPPLEMENTS). Effective January 4, 1999, the interest rate credited under the Guaranteed Minimum Income Benefit benefit base and the Guaranteed Minimum Death Benefit will be reduced to 3%. The guaranteed minimum annuity purchase factors used in calculating the Guaranteed Minimum Income Benefit will be based on interest at 2.5% for all years. For applications received at our Processing Office on or before December 31, 1998, with funds received by December 31, 1998, the benefits as described in the Prior Supplements will apply. For applications where funds are to be received under 1035 Exchanges and direct custodian-to-custodian IRA or TSA transfers, if all paperwork is received at our Processing Office on or before December 31, 1998, with funds received by February 26, 1999, the benefit described in the Prior Supplements will also apply. For all applications received at our Processing Office after December 31, 1998, the benefits as described in this Supplement will apply. The charge for the benefit described in this Supplement is 0.30% of the Guaranteed Minimum Income Benefit benefit base in effect on a Processing Date. THE EXERCISE DATES AND PERIOD CERTAIN FOR THE GUARANTEED MINIMUM INCOME BENEFIT APPLICABLE TO THE COMBINED BENEFIT IS AS FOLLOWS: The Guaranteed Minimum Income Benefit may be exercised only within 30 days following the 7th or later Contract Date anniversary, but in no event later than the Annuitant's age 90. The period certain will be 90 less the Annuitant's age at election. - ------------------------------------------------------------------------------- Copyright 1998 The Equitable Life Assurance Society of the United States, New York, New York 10104. All rights reserved. Accumulator is a service mark and baseBUILDER is a registered service mark of The Equitable Life Assurance Society of the United States. SUPPLEMENT DATED November 30, 1998 PROS AGENT SUPP4 (11/98) THE GUARANTEED MINIMUM DEATH BENEFIT APPLICABLE TO THE COMBINED BENEFIT IS AS FOLLOWS: 3% Roll Up to Age 85 - On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 3% on each Contract Date anniversary (compounded annually) through the Annuitant's age 85 (or at the Annuitant's death, if earlier), and 0% thereafter. On the date that a subsequent contribution is applied, your current Guaranteed Minimum Death Benefit will increase by the dollar amount of the subsequent contribution. On the date that a withdrawal is made, your Guaranteed Minimum Death Benefit will be adjusted for the withdrawal. THE FOLLOWING REPLACES THE THIRD PARAGRAPH AND THE CHART FOLLOWING THE PARAGRAPH UNDER THE HEADING "GUARANTEED MINIMUM INCOME BENEFIT" ON PAGE 28 OF THE PROSPECTUS: Illustrated below are Guaranteed Minimum Income Benefit amounts per $100,000 of initial contribution, for a male Annuitant age 76 (at issue of an Income Manager(R) certificate) on Contract Date anniversaries as indicated below, assuming no subsequent contributions, withdrawals, or loans under TSA Certificates. - ------------------------------------------------------------------------------- Contract Date Form of Guaranteed Minimum Income Anniversary at Exercise Annuity Benefit -- Annual Income - ------------------------------------------------------------------------------- 7 Life with 7 Year $ 11,647.84 Period Certain 14 Life only 21,587.70 - ------------------------------------------------------------------------------- THE FOLLOWING REPLACES THE INFORMATION UNDER THE HEADING "HOW WITHDRAWALS AFFECT YOUR GUARANTEED MINIMUM INCOME BENEFIT AND GUARANTEED MINIMUM DEATH BENEFIT" ON PAGE 40 OF THE PROSPECTUS: Withdrawals will reduce your guaranteed benefits on either a dollar-for-dollar basis or on a pro rata basis as explained below: Your current Guaranteed Minimum Income Benefit benefit base (described below) and your current Guaranteed Minimum Death Benefit will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in a Contract Year is 3% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit. Once you take a withdrawal that causes the sum of your withdrawals in a Contract Year to exceed 3% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that same Contract Year will reduce your current Guaranteed Minimum Income Benefit benefit base and your current Guaranteed Minimum Death Benefit on a pro rata basis. Reduction on a dollar-for-dollar basis means that your current benefit will be reduced by the dollar amount of the withdrawal. Reduction on a pro rata basis means that we calculate the percentage of the Annuity Account Value (as of the Transaction Date) that is being withdrawn and we reduce your current benefit by that same percentage. For example, if your Annuity Account Value is $30,000 and you withdraw $12,000, you have withdrawn 40% ($12,000/ $30,000) of your Annuity Account Value. If your Guaranteed Minimum Death Benefit was $40,000 prior to the withdrawal, it would be reduced by $16,000 ($40,000 x .40) and your new Guaranteed Minimum Death Benefit after the withdrawal would be $24,000 ($40,000 - $16,000). The timing of your withdrawals and whether they exceed the 3% threshold described above can have a significant impact on your Guaranteed Minimum Income Benefit or Guaranteed Minimum Death Benefit. 2 THE FOLLOWING REPLACES THE FIRST TWO PARAGRAPHS UNDER THE HEADING "GUARANTEED MINIMUM INCOME BENEFIT BENEFIT BASE" ON PAGE 40 OF THE PROSPECTUS: Guaranteed Minimum Income Benefit benefit base -- On the Contract Date, the Guaranteed Minimum Income Benefit benefit base is equal to the initial contribution. Thereafter, the Guaranteed Minimum Income Benefit benefit base is credited with interest at 3% on each Contract Date anniversary (compounded annually) through the Annuitant's age 85, and 0% thereafter. On the date that a subsequent contribution is applied, your current Guaranteed Minimum Income Benefit benefit base will increase by the dollar amount of the subsequent contribution. On the date that a withdrawal is made, your Guaranteed Minimum Income Benefit benefit base will be reduced by (i) the dollar amount of the withdrawal or (ii) the percentage of the Annuity Account Value being withdrawn, as explained above. The Guaranteed Minimum Income Benefit benefit base will also be reduced by any withdrawal charge remaining on the Transaction Date that you exercise your Guaranteed Minimum Income Benefit. Your Guaranteed Minimum Income Benefit benefit base is applied to guaranteed minimum annuity purchase factors to determine the Guaranteed Minimum Income Benefit. The guaranteed minimum annuity purchase factors are based on (i) interest at 2.5%, and (ii) mortality tables that assume increasing longevity. These interest and mortality factors are generally more conservative than the basis underlying current annuity purchase factors, which means that they would produce less periodic income for an equal amount applied. 3 THE FOLLOWING REPLACES APPENDIX III ON PAGE 72 OF THE PROSPECTUS: APPENDIX III: GUARANTEED MINIMUM DEATH BENEFIT EXAMPLE - ------------------------------------------------------------------------------- Under the Certificates the death benefit is equal to the Annuity Account Value or, if greater, the Guaranteed Minimum Death Benefit (see "Guaranteed Minimum Death Benefit" on page 2 of this Supplement and on page 30 of the Prospectus). The following is an example illustrating the calculation of the Guaranteed Minimum Death Benefit. Assuming $100,000 is allocated to the Investment Funds, no subsequent contributions, no transfers, no withdrawals, and no loans under a TSA Certificate, the Guaranteed Minimum Death Benefit for an Annuitant age 76 would be calculated as follows: --------------------------------------------------------------------------- End of 3% Roll Up to Age 85 Contract Annuity Guaranteed Minimum Year Account Value Death Benefit --------------------------------------------------------------------------- 1 $105,000 $103,000 2 $115,500 $106,090 3 $132,825 $109,273 4 $106,260 $112,551 5 $116,886 $115,927 6 $140,263 $119,405 7 $140,263 $122,987 --------------------------------------------------------------------------- The Annuity Account Values for Contract Years 1 through 7 are determined based on hypothetical rates of return of 5.00%, 10.00%, 15.00%, (20.00)%, 10.00%, 20.00% and 0.00%, respectively. For Contract Years 1 through 3, and 5 through 7 the death benefit is equal to the Annuity Account Value, in Contract Year 4 the death benefit is equal to the Guaranteed Minimum Death Benefit. 4 PART C OTHER INFORMATION This Part C is amended solely for the purpose of filing the exhibits noted below. No amendment or deletion is made of any of the other information set forth under the Part C Items as provided in Post-Effective Amendment No. 10 to the Registration Statement. Item 24. Financial Statements and Exhibits. (b) Exhibits. The following additional exhibits are added herewith: 4(x) Form of Data Pages for Equitable Accumulator (IRA, NQ, QP, and TSA) 5(g) Form of Enrollment Form/Application for Equitable Accumulator (IRA, NQ, QP and TSA) 10(a) Consent of Pricewaterhouse Coopers LLP C-1 SIGNATURES As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets the requirements of Securities Act Rule 485(b) for effectiveness of this amended Registation Statement and has caused this amended Registration Statement to be signed on its behalf, in the City and State of New York, on this 30th day of November, 1998. SEPARATE ACCOUNT No. 45 OF THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES (Registrant) By: The Equitable Life Assurance Society of the United States By: /s/ Jerome S. Golden --------------------------------- Jerome S. Golden Executive Vice President, Product Management Group, The Equitable Life Assurance Society of the United States C-2 SIGNATURES As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Depositor certifies that it has duly caused this amended Registration Statement to be signed on its behalf, in the City and State of New York, on this 30th day of November, 1998. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES (Depositor) By: /s/ Jerome S. Golden --------------------------------- Jerome S. Golden Executive Vice President, Product Management Group, The Equitable Life Assurance Society of the United States As required by the Securities Act of 1933, this amended registration statement has been signed by the following persons in the capacities and on the date indicated: PRINCIPAL EXECUTIVE OFFICERS: Edward D. Miller Chairman of the Board, Chief Executive Officer and Director Michael Hegarty President, Chief Operating Officer and Director PRINCIPAL FINANCIAL OFFICER: Stanley B. Tulin Vice Chairman of the Board, Chief Financial Officer and Director PRINCIPAL ACCOUNTING OFFICER: /s/ Alvin H. Fenichel Senior Vice President and Controller - --------------------------- Alvin H. Fenichel November 30th, 1998 DIRECTORS: Francoise Colloc'h Donald J. Greene George T. Lowy Henri de Castries John T. Hartley Edward D. Miller Joseph L. Dionne John H.F. Haskell, Jr. Didier Pineau-Valencienne Denis Duverne Michael Hegarty George J. Sella, Jr. William T. Esrey Mary R. (Nina) Henderson Stanley B. Tulin Jean-Rene Fourtou W. Edwin Jarmain Dave H. Williams Norman C. Francis G. Donald Johnston, Jr. By: /s/ Jerome S. Golden ------------------------ Jerome S. Golden Attorney-in-Fact November 30th, 1998 C-3 EXHIBIT INDEX
EXHIBIT NO. TAG VALUE - ----------- --------- 4(x) Form of data pages for Equitable Accumulator (IRA, NQ, QP, and TSA) EX-99.4x 5(g) Form of Enrollment Form/Application for Equitable Accumulator EX-99.5g (IRA, NQ, QP, and TSA) 10(a) Consent of PricewaterhouseCoopers LLP EX-99.10a
C-4
EX-99.4X 2 FORM OF DATA PAGES EQUITABLE ACCUMULATOR IRA ([TRADITIONAL] [ROTH]) DATA PART A -- THIS PART LISTS YOUR PERSONAL DATA. OWNER: JOHN DOE ANNUITANT: JOHN DOE Age: 60 Sex: Male CONTRACT: GROUP ANNUITY CONTRACT NO. AC 6727 CERTIFICATE NUMBER: 00000 ENDORSEMENTS ATTACHED: Minimum Income Benefit Endorsement Endorsement Applicable to [Roth] IRA Certificates Endorsement Applicable to Market Value Adjustment Terms Rider to Endorsement Applicable to Market Value Adjustment Terms Endorsement Applicable to Life Contingent Annuity ISSUE DATE: January 4, 1999 CONTRACT DATE: January 4, 1999 ANNUITY COMMENCEMENT DATE: August 22, 2028 THE MAXIMUM MATURITY AGE IS AGE 90 -- SEE SECTION 7.03. The Annuity Commencement Date may not be later than the Processing Date which follows your 90th birthday. [Applicable for Traditional IRAs - However, if you choose a date later than age 70 1/2, distribution of at least the minimum payments required must commence by April 1 of the calendar year following the calendar year in which you attain age 70 1/2 (see item 2 of the Endorsement Applicable to IRA Certificates).] GUARANTEED BENEFITS: Combined Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit - [5% Roll Up to Age 80] [5% Roll Up to Age 70] BENEFICIARY: JANE DOE No. 94ICA/B Data page 1 (1/99) DATA PAGES (CONT'D) DEATH BENEFIT AMOUNT (SEE SECTION 6.01) The death benefit is equal to the Annuity Account Value or, if greater, the Guaranteed Minimum Death Benefit defined below. Guaranteed Minimum Death Benefit [5% Roll Up to Age 80 - On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial Contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, and the Guarantee Periods) on each Contract Date anniversary through your age 80 (or at your death, if earlier), and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals.] [5% Roll Up to Age 70 - On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial Contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, and the Guarantee Periods) on each Contract Date anniversary through your age 70 (or at your death, if earlier), and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals.] Your current Guaranteed Minimum Death Benefit will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in any Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit. Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction to occur. GUARANTEED MINIMUM INCOME BENEFIT (SEE SECTION 7.08): You may apply your Annuity Account Value during the period of time indicated below to purchase a minimum amount of guaranteed lifetime income under our Income Manager (Life Annuity with a Period Certain) payout annuity certificate. The Income Manager (Life Annuity with a Period Certain) payout annuity certificate provides payments during a period certain with payments continuing for life thereafter. The period certain is based on your age at the time the Income Manager (Life Annuity with a Period Certain) is elected. The period certain is 10 years for ages 60 through 75; 9 years for age 76; 8 years for age 77; and 7 years for ages 78 through 83. The Guaranteed Minimum Income Benefit is available only if it is exercised within 30 days following the 7th or later Contract Date anniversary under this Certificate. However, it may not be exercised earlier than your age 60, nor later than age 83. No. 94ICA/B Data page 2 (1/99) DATA PAGES (CONT'D) On the Transaction Date that you exercise your Guaranteed Minimum Income Benefit, the lifetime income that will be provided under the Income Manager (Life Annuity with a Period Certain) will be the greater of (i) your Guaranteed Minimum Income Benefit, and (ii) the amount of income that would be provided by application of your Annuity Account Value as of the Transaction Date at our then current annuity purchase factors. Guaranteed Minimum Income Benefit Benefit Base - The Guaranteed Minimum Income Benefit benefit base is equal to the initial Contribution on the Contract Date. Thereafter, the Guaranteed Minimum Income Benefit benefit base is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, and the Guarantee Periods) on each Contract Date anniversary through your age [80][70], and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals. The Guaranteed Minimum Income Benefit benefit base will also be reduced by any withdrawal charge remaining on the Transaction Date that you exercise your Guaranteed Minimum Income Benefit. Your Guaranteed Minimum Income Benefit benefit base is applied to guaranteed minimum annuity purchase factors to determine the Guaranteed Minimum Income Benefit. The guaranteed minimum annuity purchase factors are based on (i) interest at 2.5% and (ii) mortality tables that assume increasing longevity. See the attached table. Your Guaranteed Minimum Income Benefit benefit base does not create an Annuity Account Value or a Cash Value and is used solely for purposes of calculating your Guaranteed Minimum Income Benefit. Your current Guaranteed Minimum Income Benefit benefit base will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in any Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit (described above). Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction to occur. No. 94ICA/B Data page 3 (1/99) DATA PAGES (CONT'D) GUARANTEED MINIMUM INCOME BENEFIT TABLE OF GUARANTEED MINIMUM ANNUITY PURCHASE FACTORS FOR INITIAL LEVEL ANNUAL INCOME SINGLE LIFE-MALE ELECTION AGE PURCHASE FACTORS ------------ ---------------- 60 5.07% 61 5.18 62 5.29 63 5.40 64 5.52 65 5.64 66 5.77 67 5.91 68 6.05 69 6.20 70 6.35 71 6.51 72 6.67 73 6.83 74 7.00 75 7.18 76 7.47 77 7.80 78 8.14 79 8.39 80 8.65 81 8.91 82 9.19 83 9.47 Interest Basis: 2.5% Non-participating Mortality: 1983 Individual Annuity Mortality Table "a" for Male projected with modified Scale G. Factors required for annuity forms not shown in the above table will be calculated by us on the same actuarial basis. No. 94ICA/B Data page 4 (1/99) EQUITABLE ACCUMULATOR (NQ) DATA PART A -- THIS PART LISTS YOUR PERSONAL DATA. - ------ OWNER: JOHN DOE ANNUITANT: JOHN DOE Age: 60 Sex: Male CONTRACT: GROUP ANNUITY CONTRACT NO. AC 6725 CERTIFICATE NUMBER: 00000 ENDORSEMENTS ATTACHED: Minimum Income Benefit Endorsement Endorsement Applicable to Non-Qualified Certificates Endorsement Applicable to Market Value Adjustment Terms Rider to Endorsement Applicable to Market Value Adjustment Terms ISSUE DATE: January 4, 1999 CONTRACT DATE: January 4, 1999 ANNUITY COMMENCEMENT DATE: August 22, 2028 THE MAXIMUM MATURITY AGE IS AGE 90 -- SEE SECTION 7.03. The Annuity Commencement Date may not be later than the Processing Date which follows the Annuitant's 90th birthday. GUARANTEED BENEFITS: Combined Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit - 5% Roll Up to Age 80 BENEFICIARY: JANE DOE No. 94ICA/B Data page 1 (1/99) EQUITABLE ACCUMULATOR (NQ) DEATH BENEFIT AMOUNT (SEE SECTION 6.01): The death benefit is equal to the Annuity Account Value or, if greater, the Guaranteed Minimum Death Benefit defined below. Guaranteed Minimum Death Benefit 5% Roll Up to Age 80 - On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial Contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, and the Guarantee Periods) on each Contract Date anniversary through the Annuitant's age 80 (or at the Annuitant's death, if earlier), and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals. Your current Guaranteed Minimum Death Benefit will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in any Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit. Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction to occur. GUARANTEED MINIMUM INCOME BENEFIT (SEE SECTION 7.08): You may apply your Annuity Account Value during the period of time indicated below to purchase a minimum amount of guaranteed lifetime income under our Income Manager (Life Annuity with a Period Certain) payout annuity certificate. The Income Manager (Life Annuity with a Period Certain) payout annuity certificate provides payments during a period certain with payments continuing for life thereafter. The period certain is based on the Annuitant's age at the time the Income Manager (Life Annuity with a Period Certain) is elected. The period certain is 10 years for Annuitant ages 60 through 80; 9 years for Annuitant age 81; 8 years for Annuitant age 82; and 7 years for Annuitant age 83. The Guaranteed Minimum Income Benefit is available only if it is exercised within 30 days following the 7th or later Contract Date anniversary under this Certificate. However, it may not be exercised earlier than the Annuitant's age 60, nor later than the Annuitant's age 83. On the Transaction Date that you exercise your Guaranteed Minimum Income Benefit, the lifetime income that will be provided under the Income Manager (Life Annuity with a Period Certain) will be the greater of (i) your Guaranteed Minimum Income Benefit, and (ii) the amount of income that would be provided by application of your Annuity Account Value as of the Transaction Date at our then current annuity purchase factors. No. 94ICA/B Data page 2 (1/99) Guaranteed Minimum Income Benefit Benefit Base - The Guaranteed Minimum Income Benefit benefit base is equal to the initial Contribution on the Contract Date. Thereafter, the Guaranteed Minimum Income Benefit benefit base is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, and Guarantee Periods) on each Contract Date anniversary through the Annuitant's age 80, and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals. The Guaranteed Minimum Income Benefit benefit base will also be reduced by any withdrawal charge remaining on the Transaction Date that you exercise your Guaranteed Minimum Income Benefit. Your Guaranteed Minimum Income Benefit benefit base is applied to guaranteed minimum annuity purchase factors to determine the Guaranteed Minimum Income Benefit. The guaranteed minimum annuity purchase factors are based on (i) interest at 2.5% and (ii) mortality tables that assume increasing longevity. See the attached table. Your Guaranteed Minimum Income Benefit benefit base does not create an Annuity Account Value or a Cash Value and is used solely for purposes of calculating your Guaranteed Minimum Income Benefit. Your current Guaranteed Minimum Income Benefit benefit base will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in any Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit (described above). Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction to occur. No. 94ICA/B Data page 3 (1/99) GUARANTEED MINIMUM INCOME BENEFIT TABLE OF GUARANTEED MINIMUM ANNUITY PURCHASE FACTORS FOR INITIAL LEVEL ANNUAL INCOME SINGLE LIFE - MALE ELECTION AGE PURCHASE FACTORS ------------ ---------------- 60 5.07% 61 5.18 62 5.29 63 5.40 64 5.52 65 5.64 66 5.77 67 5.91 68 6.05 69 6.20 70 6.35 71 6.51 72 6.67 73 6.83 74 7.00 75 7.18 76 7.36 77 7.55 78 7.74 79 7.93 80 8.13 81 8.53 82 8.98 83 9.47 Interest Basis: 2.5% Non-participating Mortality: 1983 Individual Annuity Mortality Table "a" for Male projected with modified Scale G. Factors required for annuity forms not shown in the above table will be calculated by us on the same actuarial basis. No. 94ICA/B Data page 4 (1/99) EQUITABLE ACCUMULATOR (QP) DATA PART A -- THIS PART LISTS YOUR PERSONAL DATA. - ------ OWNER: RICHARD ROE AS TRUSTEE FOR THE XYZ QUALIFIED PLAN ANNUITANT: JOHN DOE Age: 60 Sex: Male CONTRACT: GROUP ANNUITY CONTRACT NO. AC 6725 CERTIFICATE NUMBER: 00000 ENDORSEMENTS ATTACHED: Minimum Income Benefit Endorsement Endorsement Applicable to Qualified Plan Certificates Endorsement Applicable to Market Value Adjustment Terms Rider to Endorsement Applicable to Market Value Adjustment Terms ISSUE DATE: January 4, 1999 CONTRACT DATE: January 4, 1999 ANNUITY COMMENCEMENT DATE: August 22, 2028 THE MAXIMUM MATURITY AGE IS AGE 90 -- SEE SECTION 7.03. The Annuity Commencement Date may not be later than the Processing Date which follows the Annuitant's 90th birthday. However, any distribution option under this Certificate must meet any minimum distribution requirements under Section 401(a)(9) of the Code which apply after the "Required Beginning Date" which is April 1st following the calendar year which is generally the later of the year in which the Annuitant (i) attains age 70 1/2 or (ii) retires from service of the employer sponsoring the Plan. GUARANTEED BENEFITS: Combined Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit - 5% Roll Up to Age 80 BENEFICIARY: JANE DOE No. 94ICA/B Data page 1 (1/99) Equitable Accumulator (QP) DEATH BENEFIT AMOUNT (SEE SECTION 6.01): The death benefit is equal to the Annuity Account Value or, if greater, the Guaranteed Minimum Death Benefit defined below. Guaranteed Minimum Death Benefit 5% Roll Up to Age 80 - On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial Contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, and the Guarantee Periods) on each Contract Date anniversary through the Annuitant's age 80 (or at the Annuitant's death, if earlier), and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals. The current Guaranteed Minimum Death Benefit will be reduced on a dollar-for-dollar basis as long as the sum of the withdrawals in any Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit. Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction to occur. GUARANTEED MINIMUM INCOME BENEFIT (SEE SECTION 7.08): If the Annuitant has converted the Certificate to a traditional IRA certificate, the Annuitant may apply the Annuity Account Value from such IRA certificate during the period of time indicated below to purchase a minimum amount of guaranteed lifetime income under our Income Manager (Life Annuity with a Period Certain) payout annuity certificate. The Income Manager (Life Annuity with a Period Certain) payout annuity certificate provides payments during a period certain with payments continuing for life thereafter. The following paragraphs describe the conditions for exercise of the Guaranteed Minimum Income Benefit under the IRA certificate. The period certain is based on the Annuitant's age at the time the Income Manager (Life Annuity with a Period Certain) is elected. The period certain is 10 years for Annuitant ages 60 through 75; 9 years for Annuitant age 76; 8 years for Annuitant age 77; and 7 years for Annuitant ages 78 through 83. The Guaranteed Minimum Income Benefit is available only if it is exercised within 30 days following the 7th or later Contract Date anniversary under this Certificate. However, it may not be exercised earlier than the Annuitant's age 60, nor later than the Annuitant's age 83. On the Transaction Date that the Annuitant exercises the Guaranteed Minimum Income Benefit under the IRA certificate, the lifetime income that will be provided under the Income Manager (Life Annuity with a Period Certain) will be the greater of (i) the Guaranteed Minimum Income Benefit, and (ii) the amount of income that would be provided by application of the Annuity Account Value under the IRA certificate as of the Transaction Date at our then current annuity purchase factors. No. 94ICA/B Data page 2 (1/99) Equitable Accumulator (QP) Guaranteed Minimum Income Benefit Benefit Base - The Guaranteed Minimum Income Benefit benefit base is equal to the initial Contribution on the Contract Date. Thereafter, the Guaranteed Minimum Income Benefit benefit base is credited with interest at 5% (3% for amounts in the Alliance Money Market and Intermediate Government Securities Funds, and Guarantee Periods) on each Contract Date anniversary through the Annuitant's age 80, and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals. The Guaranteed Minimum Income Benefit benefit base will also be reduced by any withdrawal charge remaining on the Transaction Date that the Annuitant exercises the Guaranteed Minimum Income Benefit. The Guaranteed Minimum Income Benefit benefit base is applied to guaranteed minimum annuity purchase factors to determine the Guaranteed Minimum Income Benefit. The guaranteed minimum annuity purchase factors are based on (i) interest at 2.5% and (ii) mortality tables that assume increasing longevity. See the attached table. The Guaranteed Minimum Income Benefit benefit base does not create an Annuity Account Value or a Cash Value and is used solely for purposes of calculating the Guaranteed Minimum Income Benefit. The current Guaranteed Minimum Income Benefit benefit base will be reduced on a dollar-for-dollar basis as long as the sum of the withdrawals in any Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit (described above). Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction to occur. No. 94ICA/B Data page 3 (1/99) Equitable Accumulator (QP) GUARANTEED MINIMUM INCOME BENEFIT TABLE OF GUARANTEED MINIMUM ANNUITY PURCHASE FACTORS FOR A TRADITIONAL IRA CERTIFICATE FOR INITIAL LEVEL ANNUAL INCOME SINGLE LIFE - MALE ELECTION AGE PURCHASE FACTORS ------------ ---------------- 60 5.07% 61 5.18 62 5.29 63 5.40 64 5.52 65 5.64 66 5.77 67 5.91 68 6.05 69 6.20 70 6.35 71 6.51 72 6.67 73 6.83 74 7.00 75 7.18 76 7.47 77 7.80 78 8.14 79 8.39 80 8.65 81 8.91 82 9.19 83 9.47 Interest Basis: 2.5% Non-participating Mortality: 1983 Individual Annuity Mortality Table "a" for Male projected with modified Scale G. Factors required for annuity forms not shown in the above table will be calculated by us on the same actuarial basis. No. 94ICA/B Data page 4 (1/99) EQUITABLE ACCUMULATOR TSA DATA PART A -- THIS PART LISTS YOUR PERSONAL DATA. OWNER: JOHN DOE ANNUITANT: JOHN DOE Age: 60 Sex: Male CONTRACT: GROUP ANNUITY CONTRACT NO. AC 6727 CERTIFICATE NUMBER: 00000 ENDORSEMENTS ATTACHED: Minimum Income Benefit Endorsement Endorsement Applicable to TSA Certificates Endorsement Applicable to Market Value Adjustment Terms Rider to Endorsement Applicable to Market Value Adjustment Terms ISSUE DATE: January 4, 1999 CONTRACT DATE: January 4, 1999 ANNUITY COMMENCEMENT DATE: August 22, 2028 THE MAXIMUM MATURITY AGE IS AGE 90 -- SEE SECTION 7.03. The Annuity Commencement Date may not be later than the Processing Date which follows your 90th birthday. However, if you choose a date later than age 70 1/2, distribution of at least the minimum payments required must commence by April 1 of the calendar year following the calendar year in which you attain age 70 1/2 except as indicated in item 8 of the Endorsement Applicable to TSA Certificates.] GUARANTEED BENEFITS: Combined Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit - [5% Roll Up to Age 80] or [5% Roll Up to Age 70] BENEFICIARY: JANE DOE No. 94ICA/B Data page 1 (1/99) DATA PAGES (CONT'D) DEATH BENEFIT AMOUNT (SEE SECTION 6.01): The death benefit is equal to the Annuity Account Value or, if greater, the Guaranteed Minimum Death Benefit defined below. Guaranteed Minimum Death Benefit [5% Roll Up to Age 80 - On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial Contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, the Guarantee Periods and the loan reserve account) on each Contract Date anniversary through your age 80 (or at your death, if earlier), and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals.] [5% Roll Up to Age 70 - On the Contract Date, the Guaranteed Minimum Death Benefit is equal to the initial Contribution. Thereafter, the Guaranteed Minimum Death Benefit is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, the Guarantee Periods and the loan reserve account) on each Contract Date anniversary through your age 70 (or at your death, if earlier), and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals. Your current Guaranteed Minimum Death Benefit will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in any Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit. Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction to occur. GUARANTEED MINIMUM INCOME BENEFIT (SEE SECTION 7.08): If you have converted the Certificate to a traditional IRA Certificate, you may apply your Annuity Account Value during the period of time indicated below to purchase a minimum amount of guaranteed lifetime income under our Income Manager (Life Annuity with a Period Certain) payout annuity certificate. The Income Manager (Life Annuity with a Period Certain) payout annuity certificate provides payments during a period certain with payments continuing for life thereafter. The following paragraphs describe the conditions for exercise of the Guaranteed Minimum Income Benefit under the IRA Certificate. The period certain is based on your age at the time the Income Manager (Life Annuity with a Period Certain) is elected. The period certain is 10 years for ages 60 through 75; 9 years for age 76; 8 years for age 77; and 7 years for ages 78 through 83. The Guaranteed Minimum Income Benefit is available only if it is exercised within 30 days following the 7th or later Contract Date anniversary under this Certificate. However, it may not be exercised earlier than your age 60, nor later than age 83. No. 94ICA/B Data page 2 (1/99) DATA PAGES (CONT'D) On the Transaction Date that you exercise your Guaranteed Minimum Income Benefit, the lifetime income that will be provided under the Income Manager (Life Annuity with a Period Certain) will be the greater of (i) your Guaranteed Minimum Income Benefit, and (ii) the amount of income that would be provided by application of your Annuity Account Value as of the Transaction Date at our then current annuity purchase factors. Guaranteed Minimum Income Benefit Benefit Base The Guaranteed Minimum Income Benefit benefit base is equal to the initial Contribution on the Contract Date. Thereafter, the Guaranteed Minimum Income Benefit benefit base is credited with interest at 5% (3% for amounts in the Alliance Money Market and Alliance Intermediate Government Securities Funds, the Guarantee Periods and the loan reserve account) on each Contract Date anniversary through your age [70][80], and 0% thereafter, and is adjusted for any subsequent Contributions and withdrawals. The Guaranteed Minimum Income Benefit benefit base will also be reduced by any withdrawal charge remaining on the Transaction Date that you exercise your Guaranteed Minimum Income Benefit.] Your Guaranteed Minimum Income Benefit benefit base is applied to guaranteed minimum annuity purchase factors to determine the Guaranteed Minimum Income Benefit. The guaranteed minimum annuity purchase factors are based on (i) interest at 2.5% and (ii) mortality tables that assume increasing longevity. See the attached table. Your Guaranteed Minimum Income Benefit benefit base does not create an Annuity Account Value or a Cash Value and is used solely for purposes of calculating your Guaranteed Minimum Income Benefit. Your current Guaranteed Minimum Income Benefit benefit base will be reduced on a dollar-for-dollar basis as long as the sum of your withdrawals in any Contract Year is 5% or less of the beginning of Contract Year Guaranteed Minimum Death Benefit (described above). Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed 5% of the beginning of Contract Year Guaranteed Minimum Death Benefit, that withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction to occur. No. 94ICA/B Data page 3 (1/99) DATA PAGES (CONT'D) GUARANTEED MINIMUM INCOME BENEFIT TABLE OF GUARANTEED MINIMUM ANNUITY PURCHASE FACTORS FOR A TRADITIONAL IRA CERTIFICATE FOR INITIAL LEVEL ANNUAL INCOME SINGLE LIFE - MALE ELECTION AGE PURCHASE FACTORS ------------ ---------------- 60 5.07% 61 5.18 62 5.29 63 5.40 64 5.52 65 5.64 66 5.77 67 5.91 68 6.05 69 6.20 70 6.35 71 6.51 72 6.67 73 6.83 74 7.00 75 7.18 76 7.47 77 7.80 78 8.14 79 8.39 80 8.65 81 8.91 82 9.19 83 9.47 Interest Basis: 2.5% Non-participating Mortality: 1983 Individual Annuity Mortality Table "a" for Male projected with modified Scale G. Factors required for annuity forms not shown in the above table will be calculated by us on the same actuarial basis. No. 94ICA/B Data page 4 (1/99) EX-99.5G 3 FORM OF ENROLLMENT FORM/APPLICATION Equitable AccumulatorSM [Equitable Logo] Combination Variable and Fixed Deferred Annuity Enrollment Form under Group Annuity Contract No. AC6725 (Non-Qualified), AC6727 (Qualified) and Application for Individual Contract The Equitable Life Assurance Society of The United States 1290 Avenue of the Americas, New York, New York 10104 For Assistance Call (800) 789-7771 - ------------------------------------------------------------------------------------------------------------------------------------ 1. TYPE OF CONTRACT Subject to State Availability |_| Non-Qualified (NQ) |_| Traditional IRA |_| Roth IRA |_| Qualified Plan - Defined Contribution (DC) |_| Qualified Plan - Defined Benefit (DB) |_| Tax Sheltered Annuity (TSA) - ERISA |_| Tax Sheltered Annuity (TSA) - Non-ERISA 2. OWNER For IRA Certificates/Contracts, owner and Annuitant must be the same person |_| Individual |_| Trustee (for an individual) |_| Custodian* |_| Qualified Plan Trustee - DC (Forms IM-97-ERISA 1 and IM-97-QP must be completed) |_| Qualified Plan Trustee - DB (Forms IM-97-ERISA 2 and IM-97-QP must be completed) |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| __________/__________/_________ Name (First, Middle, Last) Date of Birth (Month/Day/Year) |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| __________-__________-_________ Address (Street, City, State, Zip Code) Social Security No./TIN |_|_|_|_|_|_|_|_|_|_| |_|_|_|_|_|_|_|_|_|_| |_| Male |_| Female Home Phone Number Office Phone Number *As Custodian under the ________ (state) Uniform Gifts to Minors Act (UGMA) or Uniform Transfer to Minors Act (UTMA). Please note if issued under UGMA or UTMA, the beneficiary named in section 5 must be the Estate of the Annuitant. 3. JOINT OWNER (Optional for NQ Certificates/Contracts) |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| __________/__________/_________ Name (First, Middle, Last) Date of Birth (Month/Day/Year) |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| __________-__________-_________ Address (Street, City, State, Zip Code) Social Security No. |_|_|_|_|_|_|_|_|_|_| |_|_|_|_|_|_|_|_|_|_| |_| Male |_| Female Home Phone Number Office Phone Number 4. ANNUITANT If other than Owner |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| __________/__________/_________ Name (First, Middle, Last) Date of Birth (Month/Day/Year) |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| __________-__________-_________ Address (Street, City, State, Zip Code) Social Security No. |_|_|_|_|_|_|_|_|_|_| |_|_|_|_|_|_|_|_|_|_| |_|_|_|_|_|_|_|_|_|_| |_| Male |_| Female Home Phone Number Office Phone Number Relationship to Owner 5. BENEFICIARY(IES) If more than one - indicate %. Total must equal 100%. If additional space is needed use Section 12. Primary |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| |_|_|_|_|_|_|_|_|_|_|_|_|_| |_|_|_| Name (First, Middle, Last) Relationship to Annuitant % |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| |_|_|_|_|_|_|_|_|_|_|_|_|_| |_|_|_| Name (First, Middle, Last) Relationship to Annuitant % Contingent |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| |_|_|_|_|_|_|_|_|_|_|_|_|_| |_|_|_| Name (First, Middle, Last) Relationship to Annuitant % |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| |_|_|_|_|_|_|_|_|_|_|_|_|_| |_|_|_| Name (First, Middle, Last) Relationship to Annuitant % - ------------------------------------------------------------------------------------------------------------------------------------ REGULAR MAIL: EQUITABLE ACCUMULATOR, EXPRESS MAIL: EQUITABLE ACCUMULATOR, P.O. Box 1547, c/o First Chicago National Processing Center, Secaucus, N.J. 07096-1547 300 Harmon Meadow Boulevard, 3rd Floor, Attn:. Box 13014, Secaucus, N.J. 07094 No. 126737 (1/99) ACCUMULATOR page 1
6. INITIAL CONTRIBUTION INFORMATION TOTAL INITIAL CONTRIBUTION: $______________________ 7. METHOD OF PAYMENT NQ: |_| Check payable to Equitable Life |_| Wire |_| 1035 Exchange QUALIFIED PLAN: |_| Check payable to Equitable Life |_| Wire TRADITIONAL IRA: |_| Direct rollover from qualified plan or TSA |_| Direct transfer from other Traditional IRA |_| Rollover from Traditional IRA ROTH IRA: |_| Conversion rollover from Traditional IRA |_| Direct transfer from other Roth IRA |_| Rollover from Roth IRA TSA: |_| Direct 90-24 transfer from another carrier* |_| Rollover by check** |_| Direct rollover from another carrier* * If this is an inbound direct transfer or direct rollover, you must also complete the TSA Transfer/Rollover Form (No. 127760). ** If this is a rollover by check, your signature on this enrollment form/ application certifies that this is an eligible rollover distribution from another TSA or 403(b) custodial account. 8. baseBUILDER(R) GUARANTEE ELECTION You must answer A and B even if you do not elect baseBUILDER. Please refer to enrollment form/application instructions before completing A. Would you like to elect the baseBUILDER which includes a combined Guaranteed Minimum Income Benefit and Guaranteed Minimum Death Benefit? |_| Yes |_| No B. Which Guaranteed Minimum Death Benefit would you like to elect? |_| 5% Roll Up to Age 80 |_| Annual Ratchet to Age 80 |_| 5% Roll Up to Age 70 (For Traditional IRAs and TSAs, if baseBUILDER is elected for issue ages 20 through 60) 9. SYSTEMATIC WITHDRAWALS (Optional) Not available for TSA Certificates/Contracts or if Special Dollar Cost Averaging is elected. For IRA Certificates/Contracts, available only if you are age 59 1/2 to 70 1/2. Other withdrawal options are available for IRA and TSA Certificates/Contracts. FREQUENCY: |_| Monthly |_| Quarterly |_| Annually Start Date: ________________ (Month, Day) AMOUNT OF WITHDRAWAL $_______________ or _______________% WITHOLDING ELECTION INFORMATION (Please refer to enrollment form/application instructions before completing) A. |_| I do not want to have Federal income tax withheld. (U.S. residence address and Social Security No./TIN required) B. |_| I want to have Federal income tax withheld from each payment. 10. SUCCESSOR OWNER (Optional for NQ/Contracts) Available only if the Owner and Annuitant are different persons |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| __________/__________/_________ |_| Male |_| Female Name (First, Middle, Last) Date of Birth (Month/Day/Year) |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| __________-__________-_________ Address (Street, City, State, Zip Code) Social Security No./TIN
11. SUITABILITY A. Did you receive the EQUITABLE ACCUMULATOR prospectus? |_| Yes |_| No - --------------------------- ------------------------------------------ Date of Prospectus Date(s) of any Supplement(s) to Prospectus B. Will any existing life insurance or annuity be (or has it been) surrendered, withdrawn from, loaned against, changed or otherwise reduced in value, or replaced in connection with this transaction assuming the Certificate/Contract applied for will be issued? |_| Yes |_| No If Yes, complete the following: - ----------- ----------- ---------- --------------------------- Year Issued Type of Plan Company Certificate/Contract Number C. National Association of Securities Dealers, Inc. (NASD) information (as required by the NASD) - ------------------------------------- ------------------- Employer's Name & Address Owner's Occupation - ------------------------------------- ------------------- Estimated Annual Family Income Estimated Net Worth Investment Objective: |_| Income |_| Income & Growth |_| Growth |_| Aggressive Growth |_| Safety of Principal Is Owner or Annuitant associated with or employed by a member of the NASD? |_| Yes |_| No 12. SPECIAL INSTRUCTIONS - -------------------------------------------------------------------------------- - -------------------------------------------------------------------------------- No. 126737 (1/99) ACCUMULATOR page 2 13. ALLOCATION AMONG INVESTMENT OPTIONS Choose A, B or C Please refer to enrollment form/application instructions before completing
(1) GUARANTEE PERIODS (GIROS) --------------------------------------- ------------------------ A. |_| SELF-DIRECTED ALLOCATION (105) February 15, 2000........__________% Allocate initial contribution between (106) February 15, 2001........__________% "(1) GUARANTEE PERIODS" and (107) February 15, 2002........__________% "(2) INVESTMENT FUNDS." The (108) February 15, 2003........__________% total of (1) and (2) must equal 100%. (109) February 15, 2004........__________% --------------------------------------- (110) February 15, 2005........__________% --------------------------------------- B. |_| PRINCIPAL ASSURANCE (111) February 15, 2006........__________% Under Principal Assurance, an (112) February 15, 2007........__________% amount is allocated to a Guarantee (113) February 15, 2008........__________% Period so that its maturity value (114) February 15, 2009........__________% will equal the initial contribution SUBTOTAL............_________% (1) in the year selected. (2) INVESTMENT FUNDS ---------------- EQUITY SERIES: SELECT MATURITY YEAR: DOMESTIC EQUITY |_| 2006 |_| 2007 |_| 2008 |_| (604) Alliance Common Stock......................___________% 2009 (603) Alliance Growth & Income...................___________% Allocate the remaining amount of (613) BT Equity 500 Index........................___________% the initial contribution only to (616) EQ/Putnam Growth & Income Value............___________% "(2) INVESTMENT FUNDS." (618) MFS Research...............................___________% The total must equal 100%. (620) Merrill Lynch Basic Value Equity...........___________% --------------------------------------- (623) T. Rowe Price Equity Income................___________% --------------------------------------- C. |_| SPECIAL DOLLAR COST INTERNATIONAL EQUITY AVERAGING (605) Alliance Global............................___________% The initial contribution is allocated (609) Alliance International.....................___________% to the Special Dollar Cost Averaging (614) BT International Equity Index..............___________% Account and will be credited with (622) Morgan Stanley Emerging Markets Equity.....___________% interest at the rate in effect on the (624) T. Rowe Price International Stock..........___________% Transaction Date. Thereafter, AGGRESIVE EQUITY: amounts are transferred monthly (606) Alliance Aggressive Stock..................___________% over a twelve month period from (612) Alliance Small Cap Growth..................___________% the Special Dollar Cost Averaging (615) BT Small Company Index.....................___________% Account to the Investment Funds (619) MFS Emerging Growth Companies..............___________% based on the percentages you indicate (625) Warburg Pincus Small Company Value.........___________% under "(2) INVESTMENT FUNDS." ASSET ALLOCATION SERIES: In states where the Special Dollar (601) Alliance Conservative Investors............___________% Cost Averaging Account is currently (602) Alliance Growth Investors..................___________% not available, the initial (617) EQ/Putnam Balanced.........................___________% contribution is allocated to the (621) Merrill Lynch World Strategy...............___________% Alliance Money Market Fund and Fixed Income Series: transferred monthly to the other Investment Funds you have selected. AGGRESSIVE FIXED INCOME (610) Alliance High Yield........................___________% The total percentage must equal DOMESTIC FIXED INCOME 100%. (608) Alliance Intermediate Gov't. Securities....___________% -------------------------------------- (607) Alliance Money Market......................___________% SUBTOTAL...........__________% (2) TOTAL......... 100%.
- -------------------------------------------------------------------------------- |_| REBALANCING* The allocation among the Investment Funds will be periodically re-adjusted according to the allocation percentages you indicate above. SELECT REBALANCING FREQUENCY: |_| Quarterly |_| Semi-Annually |_| Annually *This program may not be elected if you choose Special Dollar Cost Averaging. - -------------------------------------------------------------------------------- No. 126737 (1/99) ACCUMULATOR page 3 14. AGREEMENT All information and statements furnished in this enrollment form/application are true and complete to the best of my knowledge and belief. I understand and acknowledge that no agent has the authority to make or modify any Certificate/Contract on behalf of Equitable Life, or to waive or alter any of Equitable Life's rights and regulations. I understand that the Annuity Account Value attributable to allocations to the Investment Funds and variable annuity benefit payments, if a variable settlement option has been elected, may increase or decrease and are not guaranteed as to dollar amount. I understand that amounts allocated to the Guaranteed Period Account may increase or decrease in accordance with a market value adjustment until the Expiration Date. If I have elected the baseBUILDER, I understand that (1) the interest rate used for baseBUILDER does not represent a guarantee of my Annuity Account Value or cash value, and (2) if I subsequently exercise the baseBUILDER Guaranteed Minimum Income Benefit, it must be in the form of a lifetime income. Equitable Life may accept amendments to this enrollment form/application provided by me or under my authority. I understand that any change in benefits applied for or age at issue must be agreed to in writing on an amendment. X ____________________________________________________________ ______________________________ _______________________________ Proposed Annuitant's Signature Date Signed at: City, State X ____________________________________________________________ ______________________________ _______________________________ Proposed Owner's Signature (If other than Annuitant) Date Signed at: City, State X ____________________________________________________________ ______________________________ _______________________________ Proposed Joint Owner's Signature (If other than Annuitant) Date Signed at: City, State
(NEW YORK, OREGON AND VIRGINIA RESIDENTS READ THE ABOVE AND SIGN ABOVE, ALL OTHER RESIDENTS READ THE ABOVE AND SIGN BELOW.) ARKANSAS/KENTUCKY/NEW MEXICO: Any person who knowingly and with intent to defraud any insurance company or other person files an enrollment form for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. COLORADO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete or misleading facts or information to a contractowner or claimant for the purpose of defrauding or attempting to defraud the contract owner or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. FLORDIA: Any person who knowingly and with intent to injure, defraud or deceive an insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. Equitable Life is a wholly owned subsidiary of The Equitable Companies Incorporated (EQ). AXA-UAP, an insurance holding company, is EQ's largest shareholder. Neither EQ nor AXA-UAP has any responsibility for the insurance obligations of Equitable Life. NEW JERSEY: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties. OHIO: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an enrollment form or files a claim containing a false or deceptive statement is guilty of insurance fraud. ALL OTHER STATES: Any person who knowingly and with intent to defraud any insurance company files an enrollment form/application or statement of claim containing any materially false, misleading or incomplete information is guilty of a crime which may be punishable under state or Federal law. X ____________________________________________________________ ______________________________ _______________________________ Proposed Annuitant's Signature Date Signed at: City, State X ____________________________________________________________ ______________________________ _______________________________ Proposed Owner's Signature (If other than Annuitant) Date Signed at: City, State X ____________________________________________________________ ______________________________ _______________________________ Proposed Joint Owner's Signature (If other than Annuitant) Date Signed at: City, State
Do you have reason to believe that any existing life insurance or annuity has been (or will be) surrendered, withdrawn from, loaned against, changed or otherwise reduced in value, or replaced in connection with this transaction assuming the Certificate/Contract applied for will be issued on the life of the Annuitant? |_| Yes |_| No Florida License ID No(s). ________________________________________ 1) ___________________________________________________________________________________________________________________________ Agent Signature Print Name & No. of Agent ___________________________________________________________________________________________________________________________ Agent Soc. Sec. No. Agency Code % 2) ___________________________________________________________________________________________________________________________ Agent Signature Print Name & No. of Agent 1) ___________________________________________________________________________________________________________________________ Agent Soc. Sec. No. Agency Code %
No. 126737 (1/99) ACCUMULATOR Page 4
EX-99.10A 4 CONSENT OF PRICEWATERHOUSECOOPERS LLP CONSENT OF INDEPENDENT ACCOUNTANTS We hereby consent to the use in the Statement of Additional Information constituting part of this Post-Effective Amendment No. 11 to the Registration Statement No. 33-83750 on Form N-4 (the "Registration Statement") of (1) our report dated February 10, 1998 relating to the financial statements of Separate Account No. 45 of The Equitable Life Assurance Society of the United States for the year ended December 31, 1997, and (2) our report dated February 10, 1998 relating to the consolidated financial statements of The Equitable Life Assurance Society of the United States for the year ended December 31, 1997, which reports appear in such Statement of Additional Information, and to the incorporation by reference of our reports into the Prospectus which constitutes part of this Registration Statement. We also consent to the incorporation by reference of our report on the Consolidated Financial Statement Schedules dated February 10, 1998 which appears on page F-54 of such Annual Report on Form 10-K. We also consent to the reference to us under the heading "Custodian and Independent Accountants" in the Statement of Additional Information and "Independent Accountants" in the Prospectus. /s/ PricewaterhouseCoopers LLP - ------------------------- PricewaterhouseCoopers LLP New York, New York November 30, 1998
-----END PRIVACY-ENHANCED MESSAGE-----