-----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, AFT3DWq2NTv3M6eqBK8Y3FWbazIbDjzRCG97fysJepKroP+mTC71CBIIrQqOHI0h QcaNXZHSLl7vqY+hnX790g== 0000771726-98-000177.txt : 19981229 0000771726-98-000177.hdr.sgml : 19981229 ACCESSION NUMBER: 0000771726-98-000177 CONFORMED SUBMISSION TYPE: 485BPOS PUBLIC DOCUMENT COUNT: 5 FILED AS OF DATE: 19981228 EFFECTIVENESS DATE: 19981228 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: 98776266 FILING VALUES: FORM TYPE: 485BPOS SEC ACT: SEC FILE NUMBER: 811-08754 FILM NUMBER: 98776267 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. 12 [X] AND/OR REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 [ ] Amendment No. 15 [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): [ ] Immediately upon filing pursuant to paragraph (b) of Rule 485 . [X] On December 31, 1998 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 principal purpose of this post-effective amendment ("Amendment") is to file six prospectus supplements with respect to new features that have been added to the Accumulator line of annuity products and to incorporate, in certain of the supplements, certain features described in Accumulator prospectus supplements dated November 30, 1998, as described in the supplements filed as part of the Amendment. 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 supplement thereto (other than the supplements dated November 30, 1998), or any other part of the Registration Statement except as specifically noted herein. 64560vI 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) adds to or 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. This prospectus supplement provides information on the following enhancements to the Equitable Accumulator Certificates: (1) three new Investment Funds and a new GIRO; (2) waiver of withdrawal charge for disability; and (3) a new Beneficiary Continuation Option. Information is also provided regarding the reduction in the interest rate credited under the Guaranteed Minimum Income Benefit benefit base and the Guaranteed Minimum Death Benefit from 6% to 5% (from 4% to 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. (1) NEW INVESTMENT OPTIONS - -------------------------- IN THE THIRD PARAGRAPH ON THE COVER PAGE OF THE PROSPECTUS, THE NUMBER OF VARIABLE INVESTMENT FUNDS AVAILABLE IS CHANGED FROM 24 TO 27. THE FOLLOWING IS ADDED UNDER ITEM 4 "INVESTMENT OPTIONS" TO THE CHART OF INVESTMENT FUNDS ON PAGE 3 OF THE PROFILE AND THE CHART OF INVESTMENT FUNDS ON THE COVER PAGE OF THE PROSPECTUS: DOMESTIC EQUITY ASSET ALLOCATION SERIES MFS Growth with Income EQ/Evergreen EQ/Evergreen Foundation IN ITEM 4 OF THE PROFILE IN THE PARAGRAPH FOLLOWING THE CHART OF INVESTMENT FUNDS, AND THROUGHOUT THE PROSPECTUS, THE DISCUSSION OF AVAILABLE GIROS IS CHANGED. THE GIRO MATURING IN 1999 IS NO LONGER AVAILABLE FOR ALLOCATION. UNDER IRA, NQ, QP, AND TSA CERTIFICATES, THE GIRO WITH AN EXPIRATION DATE OF FEBRUARY 15, 2009 IS NOW AVAILABLE FOR ALLOCATION. UNDER THE ASSURED PAYMENT OPTION AND APO PLUS FOR IRA CERTIFICATES, A GIRO WITH AN EXPIRATION DATE OF FEBRUARY 15, 2014 IS ADDED. - -------------------------------------------------------------------------------- Copyright 1999 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 JANUARY 4, 1999 PROS AGT SUPP5 (1/99) IN ITEM 5 "EXPENSES" BEGINNING ON PAGE 5 OF THE PROFILE, THE FOLLOWING INFORMATION IS ADDED AT THE END OF THE TABLE OF EXPENSES:
- -------------------------------------------------------------------------------------------------------------------------- TOTAL TOTAL EXAMPLES ANNUAL ANNUAL TOTAL Total Annual CERTIFICATE PORTFOLIO ANNUAL Expenses at End of: INVESTMENT FUNDS CHARGES CHARGES CHARGES (1) (2) 1 Year 10 Years - -------------------------------------------------------------------------------------------------------------------------- EQ/Evergreen 1.35% 1.05% 2.40% $94.27 $307.88 EQ/Evergreen Foundation 1.35% 0.95% 2.30% $93.27 $298.05 MFS Growth with Income 1.35% 0.85% 2.20% $92.28 $288.16 - --------------------------------------------------------------------------------------------------------------------------
THE FOLLOWING IS ADDED AT THE END OF THE TABLE UNDER "HRT AND EQAT ANNUAL EXPENSES (AS A PERCENTAGE OF AVERAGE DAILY NET ASSETS IN EACH PORTFOLIO)" ON PAGE 9 OF THE PROSPECTUS:
EQ/EVERGREEN MFS GROWTH EQAT EQ/EVERGREEN FOUNDATION WITH INCOME - ------------------------------------------------------------------------------------------------------------------ Investment Management and Advisory Fee 0.75% 0.63% 0.55% 12b-1 Fee (5) 0.25% 0.25% 0.25% Other Expenses 0.05% 0.07% 0.05% - ------------------------------------------------------------------------------------------------------------------ Total EQAT Annual Expenses (7) 1.05% 0.95% 0.85% ==================================================================================================================
THE FOLLOWING IS ADDED AT THE END OF THE FIRST PARAGRAPH UNDER FOOTNOTE (7) ON PAGE 10 OF THE PROSPECTUS: The EQ/Evergreen, EQ/Evergreen Foundation and MFS Growth with Income Portfolios had initial seed capital invested on December 31, 1998. THE FOLLOWING IS ADDED AT THE END OF THE SECOND PARAGRAPH UNDER FOOTNOTE (7): The total annual operating expenses of the following portfolios are also limited for the respective average daily net assets as follows: EQ/Evergreen - 1.05%; EQ/Evergreen Foundation - 0.95%; and MFS Growth with Income - 0.85%. THE FOLLOWING IS ADDED AFTER THE THIRD PARAGRAPH UNDER FOOTNOTE (7): For the EQAT Portfolios which had initial seed capital invested on December 31, 1998, absent the expense limitation, we estimate that the other expenses for 1999 will be 0.777% for the EQ/Evergreen and MFS Growth with Income Portfolios; and 0.848% for the EQ/Evergreen Foundation Portfolio. THE FOLLOWING IS ADDED AFTER THE "EXAMPLES" TABLE UNDER THE EQAT INVESTMENT FUNDS ON PAGE 11 OF THE PROSPECTUS:
- ---------------------------------------------------------------------------------------------------------------------------------- IF YOU SURRENDER YOUR CERTIFICATE AT THE IF YOU DO NOT SURRENDER YOUR CERTIFICATE END OF EACH PERIOD SHOWN, THE EXPENSES AT THE END OF EACH PERIOD SHOWN, THE WOULD BE: EXPENSES WOULD BE: 1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS - ---------------------------------------------------------------------------------------------------------------------------------- EQ/Evergreen $94.27 $130.90 -- -- $27.42 $84.37 -- -- EQ/Evergreen Foundation 93.27 127.92 -- -- 26.42 81.38 -- -- MFS Growth with Income 92.28 124.93 -- -- 25.43 78.41 -- --
2 THE FOLLOWING REPLACES THE FIRST PARAGRAPH UNDER "EQAT'S INVESTMENT ADVISERS" ON PAGE 14 OF THE PROSPECTUS: Bankers Trust Company, Evergreen Asset Management Corp., Massachusetts Financial Services Company, Merrill Lynch Asset Management, L.P., Morgan Stanley Asset Management Inc., Putnam Investment Management, Inc., T. Rowe Price Associates, Inc., and Rowe Price-Fleming International, Inc., and Warburg Pincus Asset Management, Inc. serve as EQAT advisers only for their respective EQAT Portfolios. THE FOLLOWING IS ADDED AFTER THE DESCRIPTION OF "BANKERS TRUST COMPANY" ON PAGE 15 OF THE PROSPECTUS: EVERGREEN ASSET MANAGEMENT CORP. Evergreen Asset Management Corp. (EVERGREEN) is a wholly-owned subsidiary of First Union Corporation (FIRST UNION), a bank holding company. First Union, through Evergreen and other subsidiaries, offers a broad range of financial services to individuals and businesses throughout the United States. As of December 31, 1997, Evergreen's combined assets under management totaled over $40 billion. Evergreen advises EQ/Evergreen and EQ/Evergreen Foundation, domestic equity portfolios. Evergreen is located at 2500 Westchester Avenue, Purchase, New York 10577. THE FOLLOWING REPLACES THE SECOND SENTENCE UNDER THE DESCRIPTION OF "MASSACHUSETTS FINANCIAL SERVICES COMPANY" ON PAGE 15 OF THE PROSPECTUS: MFS advises MFS Research and MFS Growth with Income, domestic equity portfolios, and MFS Emerging Growth Companies, an aggressive equity portfolio. THE FOLLOWING IS ADDED AT THE END OF THE TABLE UNDER "INVESTMENT POLICIES AND OBJECTIVES OF HRT'S PORTFOLIOS AND EQAT'S PORTFOLIOS" BEGINNING ON PAGE 16 OF THE PROSPECTUS:
----------------------------------------------------------------------------------------------------------------- EQAT PORTFOLIO INVESTMENT POLICY OBJECTIVE ----------------------------------------------------------------------------------------------------------------- EQ/Evergreen Primarily common stocks and convertible Capital appreciation securities of companies that are little-known, relatively small, or represent special situations which, in the view of the adviser, offer potential for capital appreciation. ----------------------------------------------------------------------------------------------------------------- EQ/Evergreen Foundation Invests in a diversified, balanced portfolio of In order of priority, stocks and bonds. reasonable income, conservation of capital and capital appreciation ----------------------------------------------------------------------------------------------------------------- MFS Growth with Income Primarily equity securities that the adviser Reasonable current income considers to be of high or improving investment and long-term growth of quality with due regard for both probable capital and income income and probable safety of capital. -----------------------------------------------------------------------------------------------------------------
3 THE FOLLOWING IS ADDED AT THE END OF THE ADVISORY FEE TABLE FOR THE EQAT PORTFOLIOS ON PAGE 45 OF THE PROSPECTUS: ------------------------------------------------------ MAXIMUM INVESTMENT MANAGEMENT AND ADVISORY FEE EQAT PORTFOLIO (ANNUAL RATE) ------------------------------------------------------ EQ/Evergreen 0.75% EQ/Evergreen Foundation 0.63% MFS Growth with Income 0.55% (2) WAIVER OF WITHDRAWAL CHARGE FOR DISABILITY - ---------------------------------------------- THE FOLLOWING IS ADDED AFTER THE SIXTH PARAGRAPH UNDER "FREE CORRIDOR AMOUNT" ON PAGE 43 OF THE PROSPECTUS: Exceptions to the Withdrawal Charge A withdrawal charge will not apply in the following events. However, we reserve the right to impose a withdrawal charge, in accordance with your Certificate and applicable state law, for preexisting conditions or conditions which began within 12 months of the Contract Date for these events: o the Annuitant has qualified to receive Social Security disability benefits as certified by the Social Security Administration; or o we receive proof satisfactory to us that the Annuitant's life expectancy is six months or less (such proof must include, but is not limited to, certification by a licensed physician); or o the Annuitant has been confined to a nursing home for more than a 90-day period (or such other period, if required in your state) as verified by a licensed physician. A nursing home for this purpose means one which is (a) approved by Medicare as a provider of skilled nursing care service, or (b) licensed as a skilled nursing home by the state or territory in which it is located (it must be within the United States, Puerto Rico, U.S. Virgin Islands, or Guam) and meets all of the following: - its main function is to provide skilled, intermediate, or custodial nursing care; - it provides continuous room and board to three or more persons; - it is supervised by a registered nurse or licensed practical nurse; - it keeps daily medical records of each patient; - it controls and records all medications dispensed; and - its primary service is other than to provide housing for residents. This provision is not available while the Assured Payment Option or APO Plus is in effect. It may not currently be available in all states. Also, events for which the withdrawal charge will not apply may be limited in some states. Your agent can provide information about state availability, or you may contact our Processing Office. 4 (3) BENEFICIARY CONTINUATION OPTION - ----------------------------------- THE FOLLOWING IS ADDED AFTER THE SECOND PARAGRAPH UNDER "HOW DEATH BENEFIT PAYMENT IS MADE" -- "SUCCESSOR ANNUITANT/CERTIFICATE OWNER" ON PAGE 30 OF THE PROSPECTUS: Beneficiary Continuation Option for Traditional IRA Certificates Upon the death of the Annuitant under a Traditional IRA Certificate, a non-spouse beneficiary may elect to keep the Certificate in the name of the deceased Annuitant, and receive distributions under the Certificate instead of the death benefit being paid in a lump sum. The beneficiary's choices are subject to the conditions in the following paragraphs and depend in part on whether the Annuitant dies before or after the "Required Beginning Date" for required minimum distributions. "Required Beginning Date" is discussed in Part 8 under "Distributions from Traditional IRA Certificates". If the Annuitant dies after the "Required Beginning Date" for required minimum distributions, the Certificate will continue if: (i) the Annuitant was receiving Minimum Distribution Withdrawals from this Certificate; and (ii) the pattern of Minimum Distribution Withdrawals the Annuitant chose was based in part on the life of the designated beneficiary. The withdrawals will then continue to be paid to the beneficiary on the same basis as the Annuitant chose before death. Our "Minimum Distribution Withdrawals" are described in Part 5. We will have a record as to whether this option is available to the beneficiary. The beneficiary's ability to elect this option may be limited based on the calculation method the Annuitant chose to determine the required minimum distribution amounts. You should contact our Processing Office for further information. If the Annuitant dies before the "Required Beginning Date" (and therefore was not taking Minimum Distribution Withdrawals under the Certificate), the beneficiary may begin taking Minimum Distribution Withdrawals under the Certificate. The Annuity Account Value will be reset to the death benefit and that amount will be applied to provide the withdrawals. These withdrawals will commence by December 31 of the calendar year following the Annuitant's death and will be based on the beneficiary's life expectancy. If there is more than one beneficiary, the shortest life expectancy is used. The designated beneficiary must be a natural person and of legal age at the time of election. To elect this option the appropriate form must be completed and sent to our Processing Office within 30 days following the date we receive proof of the Annuitant's death. This option may not currently be available in all states. Your agent can provide information about state availability, or you may contact our Processing Office. While the distributions are in effect, the beneficiary may transfer the Certificate's Annuity Account Value among the Investment Options. However, subsequent contributions will not be permitted and the Guaranteed Minimum Income Benefit and the death benefit (including the Guaranteed Minimum Death Benefit) provisions will no longer be in effect. Although the only withdrawals that will be permitted are Minimum Distribution Withdrawals, the beneficiary may choose at any time to withdraw all of the Annuity Account Value and no withdrawal charges will apply. ================================================================================ 5 IN THE PROFILE AND THROUGHOUT 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 "EXPENSES" IN ITEM 5 OF THE PROFILE, 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. THE FOLLOWING REPLACES THE THIRD PARAGRAPH UNDER "DEATH BENEFIT" IN ITEM 9 OF THE PROFILE: 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." THE FOLLOWING REPLACES THE FOURTH PARAGRAPH IN ITEM 10 "OTHER INFORMATION" OF THE PROFILE UNDER "BASEBUILDER BENEFITS" -- "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." 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 and TSA 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. 6 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) 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 -------------------------------------------------------------- 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" BEGINNING ON PAGE 3 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. 7 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" BEGINNING ON PAGE 3 OF THE TSA SUPPLEMENT: Alternate baseBUILDER Guaranteed Minimum Death Benefit applicable under Traditional IRA and TSA 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. 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. 8 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" BEGINNING 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%. 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. 9 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 7 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 $129,360 $115,763(2) $129,360(3) 4 $103,488 $121,551(1) $129,360(4) 5 $113,837 $127,628(1) $129,360(4) 6 $127,497 $134,010(1) $129,360(4) 7 $127,497 $140,710(1) $129,360(4) --------------------------------------------------------------------------------------------------------------------
The Annuity Account Values for Contract Years 1 through 7 are determined based on hypothetical rates of return of 5.00%, 10.00%, 12.00%, (20.00)%, 10.00%, 12.00% and 0.00%. We are using these rates solely to illustrate how the benefit is determined. The rates of return bear no relationship to past or future investment results. 5% ROLL UP TO AGE 80 (1) At the end of Contract Years 1 and again at the end of Contract Years 4 through 7, the death benefit will be equal to the Guaranteed Minimum Death Benefit. (2) At the end of Contract Years 2 and 3, 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, through 3, the Guaranteed Minimum Death Benefit is equal to the current Annuity Account Value. (4) At the end of Contract Years 4 through 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. 10 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. The interest rate credited under the Guaranteed Minimum Income Benefit benefit base and the Guaranteed Minimum Death Benefit will be reduced from 4% 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. 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 exercise. 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. - -------------------------------------------------------------------------------- Copyright 1999 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 JANUARY 4, 1999 PROS AGENT SUPP6 (1/99) 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) 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 Period Certain $ 11,647.84 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. THE FOLLOWING REPLACES THE FIRST TWO PARAGRAPHS UNDER THE HEADING "GUARANTEED MINIMUM INCOME BENEFIT BENEFIT BASE" ON PAGE 40 OF THE PROSPECTUS: 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. 2 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 1 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 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(1) 2 $115,500 $106,090(1) 3 $129,360 $109,273(1) 4 $103,488 $112,551(2) 5 $113,837 $115,927(2) 6 $127,497 $119,405(1) 7 $127,497 $122,987(1) -------------------------------------------------------------------- The Annuity Account Values for Contract Years 1 through 7 are determined based on hypothetical rates of return of 5.00%, 10.00%, 12.00%, (20.00)%, 10.00%, 12.00% and 0.00%. We are using these rates solely to illustrate how the benefit is determined. The rates of return bear no relationship to past or future investment results. (1) For Contract Years 1 through 3, and 6 through 7 the death benefit is equal to the Annuity Account Value. (2) For Contract Years 4 and 5, the death benefit is equal to the Guaranteed Minimum Death Benefit. 4 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) updates 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. This prospectus supplement provides information on three new Investment Funds and a new GIRO. IN THE THIRD PARAGRAPH ON THE COVER PAGE OF THE PROSPECTUS, THE NUMBER OF VARIABLE INVESTMENT FUNDS AVAILABLE IS CHANGED FROM 24 TO 27. THE FOLLOWING IS ADDED UNDER ITEM 4 "INVESTMENT OPTIONS" TO THE CHART OF INVESTMENT FUNDS ON PAGE 3 OF THE PROFILE AND THE CHART OF INVESTMENT FUNDS ON THE COVER PAGE OF THE PROSPECTUS: DOMESTIC EQUITY ASSET ALLOCATION SERIES MFS Growth with Income EQ/Evergreen EQ/Evergreen Foundation IN ITEM 4 OF THE PROFILE IN THE PARAGRAPH FOLLOWING THE CHART OF INVESTMENT FUNDS, AND THROUGHOUT THE PROSPECTUS, THE DISCUSSION OF AVAILABLE GIROS IS CHANGED. THE GIRO MATURING IN 1999 IS NO LONGER AVAILABLE FOR ALLOCATION. UNDER IRA, NQ, QP, AND TSA CERTIFICATES, THE GIRO WITH AN EXPIRATION DATE OF FEBRUARY 15, 2009 IS NOW AVAILABLE FOR ALLOCATION. UNDER THE ASSURED PAYMENT OPTION AND APO PLUS FOR IRA CERTIFICATES, A GIRO WITH AN EXPIRATION DATE OF FEBRUARY 15, 2014 IS ADDED. IN ITEM 5 "EXPENSES" BEGINNING ON PAGE 3 OF THE PROFILE, THE FOLLOWING INFORMATION IS ADDED AT THE END OF THE TABLE OF EXPENSES:
- --------------------------------------------------------------------------------------------------------------------------- TOTAL TOTAL EXAMPLES ANNUAL ANNUAL TOTAL Total Annual CERTIFICATE PORTFOLIO ANNUAL Expenses at End of: INVESTMENT FUNDS CHARGES CHARGES CHARGES (1) (2) 1 Year 10 Years - --------------------------------------------------------------------------------------------------------------------------- EQ/Evergreen 1.35% 1.05% 2.40% $94.27 $307.88 EQ/Evergreen Foundation 1.35% 0.95% 2.30% $93.27 $298.05 MFS Growth with Income 1.35% 0.85% 2.20% $92.28 $288.16 - ---------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------- Copyright 1999 The Equitable Life Assurance Society of the United States, New York, New York 10104. All rights reserved. Accumulator is a service mark of The Equitable Life Assurance Society of the United States. SUPPLEMENT DATED JANUARY 4, 1999 PROS AGT SUPP7 (1/99) THE FOLLOWING IS ADDED AT THE END OF THE TABLE UNDER "HRT AND EQAT ANNUAL EXPENSES (AS A PERCENTAGE OF AVERAGE DAILY NET ASSETS IN EACH PORTFOLIO)" ON PAGE 9 OF THE PROSPECTUS:
EQ/EVERGREEN MFS GROWTH EQAT EQ/EVERGREEN FOUNDATION WITH INCOME - ----------------------------------------------------------------------------------------------------------------- Investment Management and Advisory Fee 0.75% 0.63% 0.55% 12b-1 Fee (5) 0.25% 0.25% 0.25% Other Expenses 0.05% 0.07% 0.05% - ----------------------------------------------------------------------------------------------------------------- Total EQAT Annual Expenses (7) 1.05% 0.95% 0.85% =================================================================================================================
THE FOLLOWING IS ADDED AT THE END OF THE FIRST PARAGRAPH UNDER FOOTNOTE (7) ON PAGE 10 OF THE PROSPECTUS: The EQ/Evergreen, EQ/Evergreen Foundation and MFS Growth with Income Portfolios had initial seed capital invested on December 31, 1998. THE FOLLOWING IS ADDED AT THE END OF THE SECOND PARAGRAPH UNDER FOOTNOTE (7): The total annual operating expenses of the following portfolios are also limited for the respective average daily net assets as follows: EQ/Evergreen - 1.05%; EQ/Evergreen Foundation - 0.95%; and MFS Growth with Income - 0.85%. THE FOLLOWING IS ADDED AFTER THE THIRD PARAGRAPH UNDER FOOTNOTE (7): For the EQAT Portfolios which had initial seed capital invested on December 31, 1998, absent the expense limitation, we estimate that the other expenses for 1999 will be 0.777% for the EQ/Evergreen and MFS Growth with Income Portfolios; and 0.848% for the EQ/Evergreen Foundation Portfolio. THE FOLLOWING IS ADDED AFTER THE "EXAMPLES" TABLE UNDER THE EQAT INVESTMENT FUNDS ON PAGE 11 OF THE PROSPECTUS:
- ------------------------------------------------------------------------------------------------------------------- IF YOU SURRENDER YOUR CERTIFICATE AT THE IF YOU DO NOT SURRENDER YOUR CERTIFICATE END OF EACH PERIOD SHOWN, THE EXPENSES AT THE END OF EACH PERIOD SHOWN, THE WOULD BE: EXPENSES WOULD BE: - ------------------------------------------------------------------------------------------------------------------ 1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS - ------------------------------------------------------------------------------------------------------------------- EQ/Evergreen $94.27 $130.90 -- -- $27.42 $84.37 -- -- EQ/Evergreen Foundation 93.27 127.92 -- -- 26.42 81.38 -- -- MFS Growth with Income 92.28 124.93 -- -- 25.43 78.41 -- --
THE FOLLOWING REPLACES THE FIRST PARAGRAPH UNDER "EQAT'S INVESTMENT ADVISERS" ON PAGE 14 OF THE PROSPECTUS: Bankers Trust Company, Evergreen Asset Management Corp., Massachusetts Financial Services Company, Merrill Lynch Asset Management, L.P., Morgan Stanley Asset Management Inc., Putnam Investment Management, Inc., T. Rowe Price Associates, Inc., and Rowe Price-Fleming International, Inc., and Warburg Pincus Asset Management, Inc. serve as EQAT advisers only for their respective EQAT Portfolios. 2 THE FOLLOWING IS ADDED AFTER THE DESCRIPTION OF "BANKERS TRUST COMPANY" ON PAGE 15 OF THE PROSPECTUS: EVERGREEN ASSET MANAGEMENT CORP. Evergreen Asset Management Corp. (EVERGREEN) is a wholly-owned subsidiary of First Union Corporation (FIRST UNION), a bank holding company. First Union, through Evergreen and other subsidiaries, offers a broad range of financial services to individuals and businesses throughout the United States. As of December 31, 1997, Evergreen's combined assets under management totaled over $40 billion. Evergreen advises EQ/Evergreen and EQ/Evergreen Foundation, domestic equity portfolios. Evergreen is located at 2500 Westchester Avenue, Purchase, New York 10577. THE FOLLOWING REPLACES THE SECOND SENTENCE UNDER THE DESCRIPTION OF "MASSACHUSETTS FINANCIAL SERVICES COMPANY" ON PAGE 15 OF THE PROSPECTUS: MFS advises MFS Research and MFS Growth with Income, domestic equity portfolios, and MFS Emerging Growth Companies, an aggressive equity portfolio. THE FOLLOWING IS ADDED AT THE END OF THE TABLE UNDER "INVESTMENT POLICIES AND OBJECTIVES OF HRT'S PORTFOLIOS AND EQAT'S PORTFOLIOS" BEGINNING ON PAGE 16 OF THE PROSPECTUS:
----------------------------------------------------------------------------------------------------------------- EQAT PORTFOLIO INVESTMENT POLICY OBJECTIVE ----------------------------------------------------------------------------------------------------------------- EQ/Evergreen Primarily common stocks and convertible Capital appreciation securities of companies that are little-known, relatively small, or represent special situations which, in the view of the adviser, offer potential for capital appreciation. ----------------------------------------------------------------------------------------------------------------- EQ/Evergreen Foundation Invests in a diversified, balanced portfolio of In order of priority, stocks and bonds. reasonable income, conservation of capital and capital appreciation ----------------------------------------------------------------------------------------------------------------- MFS Growth with Income Primarily equity securities that the adviser Reasonable current income considers to be of high or improving investment and long-term growth of quality with due regard for both probable capital and income income and probable safety of capital. -----------------------------------------------------------------------------------------------------------------
THE FOLLOWING IS ADDED AT THE END OF THE ADVISORY FEE TABLE FOR THE EQAT PORTFOLIOS ON PAGE 45 OF THE PROSPECTUS: --------------------------------------------------------- MAXIMUM INVESTMENT MANAGEMENT AND ADVISORY FEE EQAT PORTFOLIO (ANNUAL RATE) ---------------------------------------------------------- EQ/Evergreen 0.75% EQ/Evergreen Foundation 0.63% MFS Growth with Income 0.55% 3 SUPPLEMENT TO INCOME MANAGER(R) ACCUMULATOR(SM) AND INCOME MANAGER(R) ROLLOVER IRA PROSPECTUSES DATED DECEMBER 31, 1997, AS PREVIOUSLY SUPPLEMENTED ON MAY 1, 1998 Combination Variable and Fixed Deferred Annuity Certificates Issued By The Equitable Life Assurance Society of the United States - -------------------------------------------------------------------------------- This prospectus supplement (SUPPLEMENT) updates certain information contained in the Profiles and Prospectuses dated December 31, 1997, as previously supplemented on May 1, 1998. In this Supplement, each section of the Prospectuses and/or May 1, 1998 supplements in which a change has been made is identified and the number of each page on which a change occurs is also noted. You should read this Supplement in conjunction with the Prospectus and May 1, 1998 supplement. You should keep the supplements and the Prospectus for future reference. Capitalized terms have the same meaning as in the Prospectuses and May 1, 1998 supplements. This Supplement provides information on three new Investment Funds and a new Guarantee Period ("GIRO"). IN THE THIRD PARAGRAPH ON THE COVER PAGE OF THE PROSPECTUS, THE NUMBER OF VARIABLE INVESTMENT FUNDS AVAILABLE IS CHANGED FROM 24 TO 27. THE FOLLOWING IS ADDED UNDER ITEM 4 "INVESTMENT OPTIONS" TO THE CHART OF INVESTMENT FUNDS ON PAGE 2 OF THE PROFILE AND THE CHART OF INVESTMENT FUNDS ON THE COVER PAGE OF THE PROSPECTUS: DOMESTIC EQUITY ASSET ALLOCATION SERIES MFS Growth with Income EQ/Evergreen EQ/Evergreen Foundation IN ITEM 4 OF THE PROFILE IN THE PARAGRAPH FOLLOWING THE CHART OF INVESTMENT FUNDS, AND THROUGHOUT THE PROSPECTUS, THE DISCUSSION OF AVAILABLE GIROS IS CHANGED. THE GIRO MATURING IN 1999 IS NO LONGER AVAILABLE FOR ALLOCATION. UNDER THE ACCUMULATOR PROFILE AND PROSPECTUS, A GUARANTEE PERIOD WITH AN EXPIRATION DATE OF FEBRUARY 15, 2009 IS ADDED. UNDER THE ROLLOVER IRA PROFILE AND PROSPECTUS, THE GIRO WITH AN EXPIRATION DATE OF FEBRUARY 15, 2009 IS NOW AVAILABLE FOR ALLOCATION. UNDER THE ASSURED PAYMENT OPTION AND APO PLUS, A GIRO WITH AN EXPIRATION DATE OF FEBRUARY 15, 2014 IS ADDED. - -------------------------------------------------------------------------------- Copyright 1999 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 JANUARY 4, 1999 PROS AGT SUPP8 (1/99) IN ITEM 5 "EXPENSES" ON PAGE 3 OF THE PROFILE, THE FOLLOWING INFORMATION IS ADDED AT THE END OF THE TABLE OF EXPENSES ON PAGE 4:
- -------------------------------------------------------------------------------------------------------------------------- TOTAL TOTAL EXAMPLES ANNUAL ANNUAL TOTAL Total Annual CERTIFICATE PORTFOLIO ANNUAL Expenses at End of: INVESTMENT FUNDS CHARGES CHARGES CHARGES (1) (2) 1 Year 10 Years - -------------------------------------------------------------------------------------------------------------------------- EQ/Evergreen 1.15% 1.05% 2.20% $92.23 $308.81 EQ/Evergreen Foundation 1.15% 0.95% 2.10% $91.23 $298.87 MFS Growth with Income 1.15% 0.85% 2.00% $90.24 $288.87 - --------------------------------------------------------------------------------------------------------------------------
THE FOLLOWING IS ADDED AT THE END OF THE TABLE UNDER "HRT AND EQAT ANNUAL EXPENSES (AS A PERCENTAGE OF AVERAGE DAILY NET ASSETS IN EACH PORTFOLIO)" ON PAGE 6 OF THE ACCUMULATOR PROSPECTUS AND ON PAGE 7 OF THE ROLLOVER IRA PROSPECTUS:
EQ/EVERGREEN MFS GROWTH EQAT EQ/EVERGREEN FOUNDATION WITH INCOME - --------------------------------------------------------------------------------------------------------- Investment Management and Advisory Fee 0.75% 0.63% 0.55% 12b-1 Fee (5) 0.25% 0.25% 0.25% Other Expenses 0.05% 0.07% 0.05% - --------------------------------------------------------------------------------------------------------- Total EQAT Annual Expenses (6) 1.05% 0.95% 0.85% =========================================================================================================
THE FOLLOWING IS ADDED AT THE END OF THE FIRST PARAGRAPH UNDER FOOTNOTE (6) ON THE COVER PAGE OF THE MAY 1, 1998 PROSPECTUS SUPPLEMENT: The EQ/Evergreen, EQ/Evergreen Foundation and MFS Growth with Income Portfolios had initial seed capital invested on December 31, 1998. THE FOLLOWING IS ADDED AT THE END OF THE SECOND PARAGRAPH UNDER FOOTNOTE (6): The total annual operating expenses of the following portfolios are also limited for the respective average daily net assets as follows: EQ/Evergreen - 1.05%; EQ/Evergreen Foundation - 0.95%; and MFS Growth with Income - 0.85%. THE FOLLOWING IS ADDED AFTER THE THIRD PARAGRAPH UNDER FOOTNOTE (6): For the EQAT Portfolios which had initial seed capital invested on December 31, 1998, absent the expense limitation, we estimate that the other expenses for 1999 will be 0.777% for the EQ/Evergreen and MFS Growth with Income Portfolios; and 0.848% for the EQ/Evergreen Foundation Portfolio. 2 THE FOLLOWING IS ADDED AFTER THE "EXAMPLES" TABLE UNDER THE EQAT INVESTMENT FUNDS ON PAGE 7 OF THE ACCUMULATOR PROSPECTUS AND ON PAGE 8 OF THE ROLLOVER IRA PROSPECTUS:
COMBINED GUARANTEED MINIMUM DEATH BENEFIT AND GUARANTEED MINIMUM INCOME BENEFIT (PLAN A) ELECTION - ------------------------------------------------------------------------------------------------------------------- IF YOU SURRENDER YOUR CERTIFICATE AT THE IF YOU DO NOT SURRENDER YOUR CERTIFICATE END OF EACH PERIOD SHOWN, THE EXPENSES AT THE END OF EACH PERIOD SHOWN, THE WOULD BE: EXPENSES WOULD BE: 1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS - ------------------------------------------------------------------------------------------------------------------- EQ/Evergreen $92.23 $128.03 -- -- $27.00 $83.40 -- -- EQ/Evergreen Foundation 91.23 125.05 -- -- 26.00 80.40 -- -- MFS Growth with Income 90.24 122.06 -- -- 25.01 77.42 -- -- THE FOLLOWING IS ADDED AFTER THE EQAT INVESTMENT FUNDS ON PAGE 8 OF THE ACCUMULATOR PROSPECTUS AND ON PAGE 9 OF THE ROLLOVER IRA PROSPECTUS: GUARANTEED MINIMUM DEATH BENEFIT ONLY BENEFIT (PLAN B) ELECTION - ------------------------------------------------------------------------------------------------------------------- IF YOU SURRENDER YOUR CERTIFICATE AT THE IF YOU DO NOT SURRENDER YOUR CERTIFICATE END OF EACH PERIOD SHOWN, THE EXPENSES AT THE END OF EACH PERIOD SHOWN, THE WOULD BE: EXPENSES WOULD BE: 1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS - ------------------------------------------------------------------------------------------------------------------- EQ/Evergreen $92.23 $122.76 -- -- $24.35 $75.14 -- -- EQ/Evergreen Foundation 91.23 119.76 -- -- 23.35 72.14 -- -- MFS Growth with Income 90.24 116.76 -- -- 22.36 69.14 -- --
THE FOLLOWING REPLACES THE FIRST PARAGRAPH UNDER "EQAT'S INVESTMENT ADVISERS" ON PAGE 4 OF THE MAY 1, 1998 PROSPECTUS SUPPLEMENT: Bankers Trust Company, Evergreen Asset Management Corp., Massachusetts Financial Services Company, Merrill Lynch Asset Management, L.P., Morgan Stanley Asset Management Inc., Putnam Investment Management, Inc., T. Rowe Price Associates, Inc., and Rowe Price-Fleming International, Inc., and Warburg Pincus Asset Management, Inc. serve as EQAT advisers only for their respective EQAT Portfolios. THE FOLLOWING IS ADDED AFTER THE DESCRIPTION OF "BANKERS TRUST COMPANY" ON PAGE 5 OF THE MAY 1, 1998 PROSPECTUS SUPPLEMENT: EVERGREEN ASSET MANAGEMENT CORP. Evergreen Asset Management Corp. (EVERGREEN) is a wholly-owned subsidiary of First Union Corporation (FIRST UNION), a bank holding company. First Union, through Evergreen and other subsidiaries, offers a broad range of financial services to individuals and businesses throughout the United States. As of December 31, 1997, Evergreen's combined assets under management totaled over $40 billion. Evergreen advises EQ/Evergreen and EQ/Evergreen Foundation, domestic equity portfolios. Evergreen is located at 2500 Westchester Avenue, Purchase, New York 10577. 3 THE FOLLOWING REPLACES THE SECOND SENTENCE UNDER THE DESCRIPTION OF "MASSACHUSETTS FINANCIAL SERVICES COMPANY" ON PAGE 5 OF THE MAY 1, 1998 PROSPECTUS SUPPLEMENT: MFS advises MFS Research and MFS Growth with Income, domestic equity portfolios, and MFS Emerging Growth Companies, an aggressive equity portfolio. THE FOLLOWING IS ADDED AT THE END OF THE TABLE UNDER "EQAT PORTFOLIO -- INVESTMENT POLICY -- OBJECTIVE" ON PAGE 12 OF THE ACCUMULATOR PROSPECTUS AND ON PAGE 14 OF THE ROLLOVER IRA PROSPECTUS:
----------------------------------------------------------------------------------------------------------------- EQAT PORTFOLIO INVESTMENT POLICY OBJECTIVE ----------------------------------------------------------------------------------------------------------------- EQ/Evergreen Primarily common stocks and convertible Capital appreciation securities of companies that are little-known, relatively small, or represent special situations which, in the view of the adviser, offer potential for capital appreciation. ----------------------------------------------------------------------------------------------------------------- EQ/Evergreen Foundation Invests in a diversified, balanced portfolio of In order of priority, stocks and bonds. reasonable income, conservation of capital and capital appreciation ----------------------------------------------------------------------------------------------------------------- MFS Growth with Income Primarily equity securities that the adviser Reasonable current income considers to be of high or improving investment and long-term growth of quality with due regard for both probable capital and income income and probable safety of capital. -----------------------------------------------------------------------------------------------------------------
THE FOLLOWING IS ADDED AT THE END OF THE ADVISORY FEE TABLE FOR THE EQAT PORTFOLIOS ON PAGE 30 OF THE ACCUMULATOR PROSPECTUS AND ON PAGE 38 OF THE ROLLOVER IRA PROSPECTUS: ----------------------------------------------------- AVERAGE DAILY NET ASSETS ---------- EQ/Evergreen 0.75% EQ/Evergreen Foundation 0.63% MFS Growth with Income 0.55% 4 SUPPLEMENT TO INCOME MANAGER(R) ACCUMULATOR(SM) AND INCOME MANAGER(R) ROLLOVER IRA PROSPECTUSES DATED OCTOBER 17, 1996, AS PREVIOUSLY SUPPLEMENTED ON MAY 1, 1997, DECEMBER 31, 1997, AND MAY 1, 1998 Combination Variable and Fixed Deferred Annuity Certificates Issued By The Equitable Life Assurance Society of the United States - -------------------------------------------------------------------------------- This prospectus supplement (SUPPLEMENT) updates certain information contained in the Prospectuses dated October 17, 1996, as previously supplemented on May 1, 1997, December 31, 1997, and May 1, 1998. You should read this Supplement in conjunction with the Prospectus and prior supplements. You should keep the supplements and the Prospectus for future reference. Capitalized terms have the same meaning as in the Prospectuses and prior supplements. This Supplement provides information on three new Investment Funds and a new Guarantee Period. THE NUMBER OF VARIABLE INVESTMENT FUNDS AVAILABLE IS CHANGED FROM 24 TO 27. THE FOLLOWING INVESTMENT FUNDS ARE ADDED: DOMESTIC EQUITY ASSET ALLOCATION SERIES MFS Growth with Income EQ/Evergreen EQ/Evergreen Foundation THE GUARANTEE PERIOD MATURING IN 1999 IS NO LONGER AVAILABLE FOR ALLOCATION. UNDER THE ACCUMULATOR PROSPECTUS, A GUARANTEE PERIOD WITH AN EXPIRATION DATE OF FEBRUARY 15, 2009 IS ADDED. UNDER THE ROLLOVER IRA PROSPECTUS, THE GUARANTEE PERIOD WITH AN EXPIRATION DATE OF FEBRUARY 15, 2009 IS NOW AVAILABLE FOR ALLOCATION. UNDER THE ASSURED PAYMENT OPTION AND APO PLUS, A GUARANTEE PERIOD WITH AN EXPIRATION DATE OF FEBRUARY 15, 2014 IS ADDED. THE FOLLOWING ARE THE EXPENSES FOR THE NEW PORTFOLIOS:
INVESTMENT PORTFOLIOS -------------------------------------------------------------- EQ/EVERGREEN MFS GROWTH EQAT EQ/EVERGREEN* FOUNDATION* WITH INCOME* - ---- ------------- ----------- ------------ -------------------------------------------------------------- Investment Management and Advisory Fee 0.75% 0.63% 0.55% 12b-1 Fee 0.25% 0.25% 0.25% Other Expenses 0.05% 0.07% 0.05% - ----------------------------------------------------------------------------------------------------------- Total EQAT Annual Expenses 1.05% 0.95% 0.85% ===========================================================================================================
* The EQ/Evergreen, EQ/Evergreen Foundation and MFS Growth with Income Portfolios had initial seed capital invested on December 31, 1998. The maximum investment management and advisory fees for each EQAT Portfolio cannot be increased without a vote of that Portfolio's shareholders. The amounts shown as "Other Expenses" will fluctuate from year to year depending on actual expenses, however, EQ Financial Consultants, Inc. ("EQ Financial"), EQAT's manager, has entered into an expense limitation agreement with respect to each Portfolio ("Expense Limitation Agreement"), pursuant to which EQ Financial has agreed to waive or limit its fees and assume other expenses. Under the Expense Limitation Agreement, total annual operating expenses of each Portfolio (other than interest, taxes, brokerage commissions, capitalized expenditures, extraordinary expenses, and 12b-1 fees) are limited for the respective average daily net assets of each Portfolio as follows: EQ/Evergreen - 1.05%; EQ/Evergreen Foundation - 0.95%; and MFS Growth with Income - 0.85%. - -------------------------------------------------------------------------------- Copyright 1999 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 JANUARY 4, 1999 PROS AGT SUPP9 (1/99) Absent the expense limitation, we estimate that the other expenses for 1999 on an annualized basis will be 0.777% for the EQ/Evergreen and MFS Growth with Income Portfolios; and 0.848% for the EQ/Evergreen Foundation Portfolio. Each Portfolio may at a later date make a reimbursement to EQ Financial for any of the management fees waived or limited and other expenses assumed and paid by EQ Financial pursuant to the Expense Limitation Agreement provided that, among other things, such Portfolio has reached sufficient size to permit such reimbursement to be made and provided that the Portfolio's current annual operating expenses do not exceed the operating expense limit determined for such Portfolio. See the EQAT prospectus supplement for more information. EXAMPLES The examples below show the expenses that a hypothetical Certificate Owner would pay under the Combined GMDB/GMIB (Plan A) with a 6% to Age 80 Benefit and under the GMDB Only Benefit (Plan B) in the two situations noted below assuming a $1,000 contribution was invested in one of the Investment Funds listed, and a 5% annual return on assets.(1) The annual contract fee was computed based on an initial contribution of $10,000. These examples should not be considered a representation of past or future expenses for each Investment Fund or Portfolio. Actual expenses may be greater or less than those shown. Similarly, the annual rate of return assumed in the examples is not an estimate or guarantee of future investment performance.
COMBINED GMDB/GMIB BENEFIT (PLAN A) ELECTION - --------------------------------------------------------------------------------------------------------------------------- IF YOU SURRENDER YOUR CERTIFICATE AT THE IF YOU DO NOT SURRENDER YOUR CERTIFICATE END OF EACH PERIOD SHOWN, THE EXPENSES AT THE END OF EACH PERIOD SHOWN, THE WOULD BE: EXPENSES WOULD BE: - --------------------------------------------------------------------------------------------------------------------------- 1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS - --------------------------------------------------------------------------------------------------------------------------- EQ/Evergreen $95.23 $140.70 -- -- $32.00 $98.06 -- -- EQ/Evergreen Foundation 94.23 137.72 -- -- 31.00 95.09 -- -- MFS Growth with Income 93.24 134.75 -- -- 30.01 92.10 -- -- GMDB ONLY BENEFIT (PLAN B) ELECTION - --------------------------------------------------------------------------------------------------------------------------- IF YOU SURRENDER YOUR CERTIFICATE AT THE IF YOU DO NOT SURRENDER YOUR CERTIFICATE END OF EACH PERIOD SHOWN, THE EXPENSES AT THE END OF EACH PERIOD SHOWN, THE WOULD BE: EXPENSES WOULD BE: - --------------------------------------------------------------------------------------------------------------------------- 1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS - --------------------------------------------------------------------------------------------------------------------------- EQ/Evergreen $95.23 $135.42 -- -- $29.35 $89.91 -- -- EQ/Evergreen Foundation 94.23 132.44 -- -- 28.35 86.81 -- -- MFS Growth with Income 93.24 129.45 -- -- 27.36 83.84 -- --
(1) The amount accumulated from the $1,000 contribution could not be paid in the form of an annuity at the end of any of the periods shown in the examples. If the amount applied to purchase an annuity is less than $2,000, or the initial payment is less than $20 we may pay the amount to the payee in a single sum instead of as payments under an annuity form. See "Income Annuity Options" in the Prospectus. The examples do not reflect charges for applicable taxes such as state or local premium taxes that may also be deducted in certain jurisdictions. 2 THE FOLLOWING LISTS EQAT'S INVESTMENT ADVISERS AND PROVIDES INFORMATION ON THE NEW INVESTMENT ADVISER: EQAT'S INVESTMENT ADVISERS. Bankers Trust Company, Evergreen Asset Management Corp., Massachusetts Financial Services Company, Merrill Lynch Asset Management, L.P., Morgan Stanley Asset Management Inc., Putnam Investment Management, Inc., T. Rowe Price Associates, Inc., and Rowe Price-Fleming International, Inc., and Warburg Pincus Asset Management, Inc. serve as EQAT advisers only for their respective EQAT Portfolios. EVERGREEN ASSET MANAGEMENT CORP. Evergreen Asset Management Corp. (EVERGREEN) is a wholly-owned subsidiary of First Union Corporation (FIRST UNION), a bank holding company. First Union, through Evergreen and other subsidiaries, offers a broad range of financial services to individuals and businesses throughout the United States. As of December 31, 1997, Evergreen's combined assets under management totaled over $40 billion. Evergreen advises EQ/Evergreen and EQ/Evergreen Foundation, domestic equity portfolios. Evergreen is located at 2500 Westchester Avenue, Purchase, New York 10577. THE FOLLOWING UPDATES THE INFORMATION FOR MASSACHUSETTS FINANCIAL SERVICES COMPANY TO INCLUDE THE NEW PORTFOLIO: MFS advises MFS Research and MFS Growth with Income, domestic equity portfolios, and MFS Emerging Growth Companies, an aggressive equity portfolio. INVESTMENT POLICIES AND OBJECTIVES OF EQAT'S PORTFOLIOS THE FOLLOWING PROVIDES INFORMATION ON THE INVESTMENT POLICIES AND OBJECTIVES OF THE NEW PORTFOLIOS: Each Portfolio has a different investment objective which it tries to achieve by following separate investment policies. The policies and objectives of each Portfolio will affect its return and its risks. There is no guarantee that these objectives will be achieved. Set forth below is a summary of the investment policies and objectives of each Portfolio. This summary is qualified in its entirety by reference to the EQAT prospectus supplement. Please read the EQAT Trust prospectus supplement carefully before investing.
----------------------------------------------------------------------------------------------------------------- EQAT PORTFOLIO INVESTMENT POLICY OBJECTIVE ----------------------------------------------------------------------------------------------------------------- EQ/Evergreen Primarily common stocks and convertible Capital appreciation securities of companies that are little-known, relatively small, or represent special situations which, in the view of the adviser, offer potential for capital appreciation. ----------------------------------------------------------------------------------------------------------------- EQ/Evergreen Foundation Invests in a diversified, balanced portfolio of In order of priority, stocks and bonds. reasonable income, conservation of capital and capital appreciation ----------------------------------------------------------------------------------------------------------------- MFS Growth with Income Primarily equity securities that the adviser Reasonable current income considers to be of high or improving investment and long-term growth of quality with due regard for both probable capital and income income and probable safety of capital. -----------------------------------------------------------------------------------------------------------------
3 THE FOLLOWING ARE THE EQAT CHARGES TO THE PORTFOLIOS: MAXIMUM INVESTMENT MANAGEMENT AND ADVISORY FEE (ANNUAL RATE ------------ EQ/Evergreen 0.75% EQ/Evergreen Foundation 0.63% MFS Growth with Income 0.55% 4 SUPPLEMENT TO INCOME MANAGER(R) ACCUMULATOR(SM) AND INCOME MANAGER(R) ROLLOVER IRA PROSPECTUSES DATED MAY 1, 1996, AS PREVIOUSLY SUPPLEMENTED ON MAY 1, 1997, DECEMBER 31, 1997, AND MAY 1, 1998 Combination Variable and Fixed Deferred Annuity Certificates Issued By The Equitable Life Assurance Society of the United States - -------------------------------------------------------------------------------- This prospectus supplement (SUPPLEMENT) updates certain information contained in the Prospectuses dated May 1, 1996, as previously supplemented on May 1, 1997, December 31, 1997, and May 1, 1998. You should read this Supplement in conjunction with the Prospectus and prior supplements. You should keep the supplements and the Prospectus for future reference. Capitalized terms have the same meaning as in the Prospectuses and prior supplements. This Supplement provides information on three new Investment Funds and a new Guarantee Period. THE NUMBER OF VARIABLE INVESTMENT FUNDS AVAILABLE IS CHANGED FROM 24 TO 27. THE FOLLOWING INVESTMENT FUNDS ARE ADDED: DOMESTIC EQUITY ASSET ALLOCATION SERIES MFS Growth with Income EQ/Evergreen EQ/Evergreen Foundation THE GUARANTEE PERIOD MATURING IN 1999 IS NO LONGER AVAILABLE FOR ALLOCATION. UNDER THE ACCUMULATOR PROSPECTUS, A GUARANTEE PERIOD WITH AN EXPIRATION DATE OF FEBRUARY 15, 2009 IS ADDED. UNDER THE ROLLOVER IRA PROSPECTUS, THE GUARANTEE PERIOD WITH AN EXPIRATION DATE OF FEBRUARY 15, 2009 IS NOW AVAILABLE FOR ALLOCATION. UNDER THE ASSURED PAYMENT OPTION AND APO PLUS, A GUARANTEE PERIOD WITH AN EXPIRATION DATE OF FEBRUARY 15, 2014 IS ADDED. THE FOLLOWING ARE THE EXPENSES FOR THE NEW PORTFOLIOS:
INVESTMENT PORTFOLIOS -------------------------------------------------------------- EQ/EVERGREEN MFS GROWTH EQAT EQ/EVERGREEN* FOUNDATION* WITH INCOME* - ---- --------------------- -------------------- ------------------- Investment Management and Advisory Fee 0.75% 0.63% 0.55% 12b-1 Fee 0.25% 0.25% 0.25% Other Expenses 0.05% 0.07% 0.05% - ----------------------------------------------------------------------------------------------------------------- Total EQAT Annual Expenses 1.05% 0.95% 0.85% =================================================================================================================
* The EQ/Evergreen, EQ/Evergreen Foundation and MFS Growth with Income Portfolios had initial seed capital invested on December 31, 1998. The maximum investment management and advisory fees for each EQAT Portfolio cannot be increased without a vote of that Portfolio's shareholders. The amounts shown as "Other Expenses" will fluctuate from year to year depending on actual expenses, however, EQ Financial Consultants, Inc. ("EQ Financial"), EQAT's manager, has entered into an expense limitation agreement with respect to each Portfolio ("Expense Limitation Agreement"), pursuant to which EQ Financial has agreed to waive or limit its fees and assume other expenses. Under the Expense Limitation Agreement, total annual operating expenses of each Portfolio (other than interest, taxes, brokerage commissions, capitalized expenditures, extraordinary expenses, and 12b-1 fees) are limited for the respective average daily net assets of each Portfolio as follows: EQ/Evergreen - 1.05%; EQ/Evergreen Foundation - 0.95%; and MFS Growth with Income - 0.85%. - -------------------------------------------------------------------------------- Copyright 1999 The Equitable Life Assurance Society of the United States, New York, New York 10104. All rights reserved. Accumulator is a service mark and Income Manager is a registered service mark of The Equitable Life Assurance Society of the United States. SUPPLEMENT DATED JANUARY 4, 1999 PROS AGT SUPP10 (1/99) Absent the expense limitation, we estimate that the other expenses for 1999 on an annualized basis will be 0.777% for the EQ/Evergreen and MFS Growth with Income Portfolios; and 0.848% for the EQ/Evergreen Foundation Portfolio. Each Portfolio may at a later date make a reimbursement to EQ Financial for any of the management fees waived or limited and other expenses assumed and paid by EQ Financial pursuant to the Expense Limitation Agreement provided that, among other things, such Portfolio has reached sufficient size to permit such reimbursement to be made and provided that the Portfolio's current annual operating expenses do not exceed the operating expense limit determined for such Portfolio. See the EQAT prospectus supplement for more information. EXAMPLES The examples below show the expenses that a hypothetical Certificate Owner would pay in the two situations noted below assuming a $1,000 contribution was invested in one of the Investment Funds listed, and a 5% annual return on assets.(1) The annual contract fee was computed based on an initial contribution of $10,000. These examples should not be considered a representation of past or future expenses for each Investment Fund or Portfolio. Actual expenses may be greater or less than those shown. Similarly, the annual rate of return assumed in the examples is not an estimate or guarantee of future investment performance.
FOR ACCUMULATOR CERTIFICATES - ----------------------------------------------------------------------------------------------------------------------- IF YOU SURRENDER YOUR CERTIFICATE AT THE IF YOU DO NOT SURRENDER YOUR CERTIFICATE END OF EACH PERIOD SHOWN, THE EXPENSES AT THE END OF EACH PERIOD SHOWN, THE WOULD BE: EXPENSES WOULD BE: 1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS - ----------------------------------------------------------------------------------------------------------------------- EQ/Evergreen $95.23 $138.59 -- -- $30.94 $94.76 -- -- EQ/Evergreen Foundation 94.23 135.61 -- -- 29.94 91.78 -- -- MFS Growth with Income 93.24 132.63 -- -- 28.95 88.80 -- --
FOR ROLLOVER IRA CERTIFICATES - ---------------------------------------------------------------------------------------------------------------------- IF YOU SURRENDER YOUR CERTIFICATE AT THE IF YOU DO NOT SURRENDER YOUR CERTIFICATE END OF EACH PERIOD SHOWN, THE EXPENSES AT THE END OF EACH PERIOD SHOWN, THE WOULD BE: EXPENSES WOULD BE: 1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS - ---------------------------------------------------------------------------------------------------------------------- EQ/Evergreen $95.23 $135.42 -- -- $29.35 $89.91 -- -- EQ/Evergreen Foundation 94.23 132.44 -- -- 28.35 86.81 -- -- MFS Growth with Income 93.24 129.45 -- -- 27.36 83.84 -- --
(1) The amount accumulated from the $1,000 contribution could not be paid in the form of an annuity at the end of any of the periods shown in the examples. If the amount applied to purchase an annuity is less than $2,000, or the initial payment is less than $20 we may pay the amount to the payee in a single sum instead of as payments under an annuity form. See "Income Annuity Options" in the Prospectus. The examples do not reflect charges for applicable taxes such as state or local premium taxes that may also be deducted in certain jurisdictions. THE FOLLOWING LISTS EQAT'S INVESTMENT ADVISERS AND PROVIDES INFORMATION ON THE NEW INVESTMENT ADVISER: EQAT'S INVESTMENT ADVISERS. Bankers Trust Company, Evergreen Asset Management Corp., Massachusetts Financial Services Company, Merrill Lynch Asset Management, L.P., Morgan Stanley Asset Management Inc., Putnam Investment Management, Inc., T. Rowe Price Associates, Inc., and Rowe Price-Fleming International, Inc., and Warburg Pincus Asset Management, Inc. serve as EQAT advisers only for their respective EQAT Portfolios. 2 EVERGREEN ASSET MANAGEMENT CORP. Evergreen Asset Management Corp. (EVERGREEN) is a wholly-owned subsidiary of First Union Corporation (FIRST UNION), a bank holding company. First Union, through Evergreen and other subsidiaries, offers a broad range of financial services to individuals and businesses throughout the United States. As of December 31, 1997, Evergreen's combined assets under management totaled over $40 billion. Evergreen advises EQ/Evergreen and EQ/Evergreen Foundation, domestic equity portfolios. Evergreen is located at 2500 Westchester Avenue, Purchase, New York 10577. THE FOLLOWING UPDATES THE INFORMATION FOR MASSACHUSETTS FINANCIAL SERVICES COMPANY TO INCLUDE THE NEW PORTFOLIO: MFS advises MFS Research and MFS Growth with Income, domestic equity portfolios, and MFS Emerging Growth Companies, an aggressive equity portfolio. INVESTMENT POLICIES AND OBJECTIVES OF EQAT'S PORTFOLIOS THE FOLLOWING PROVIDES INFORMATION ON THE INVESTMENT POLICIES AND OBJECTIVES OF THE NEW PORTFOLIOS: Each Portfolio has a different investment objective which it tries to achieve by following separate investment policies. The policies and objectives of each Portfolio will affect its return and its risks. There is no guarantee that these objectives will be achieved. Set forth below is a summary of the investment policies and objectives of each Portfolio. This summary is qualified in its entirety by reference to the EQAT prospectus supplement. Please read the EQAT Trust prospectus supplement carefully before investing.
-------------------------------- ------------------------------------------------- ------------------------------ EQAT PORTFOLIO INVESTMENT POLICY OBJECTIVE -------------------------------- ------------------------------------------------- ------------------------------ EQ/Evergreen Primarily common stocks and convertible Capital appreciation securities of companies that are little-known, relatively small, or represent special situations which, in the view of the adviser, offer potential for capital appreciation. -------------------------------- ------------------------------------------------- ------------------------------ EQ/Evergreen Foundation Invests in a diversified, balanced portfolio of In order of priority, stocks and bonds. reasonable income, conservation of capital and capital appreciation -------------------------------- ------------------------------------------------- ------------------------------ MFS Growth with Income Primarily equity securities that the adviser Reasonable current income considers to be of high or improving investment and long-term growth of quality with due regard for both probable capital and income income and probable safety of capital. -------------------------------- ------------------------------------------------- ------------------------------
THE FOLLOWING ARE THE EQAT CHARGES TO THE PORTFOLIOS: MAXIMUM INVESTMENT MANAGEMENT AND ADVISORY FEE (ANNUAL RATE) ------------- EQ/Evergreen 0.75% EQ/Evergreen Foundation 0.63% MFS Growth with Income 0.55% 3 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 Nos. 10 and 11 to the Registration Statement. Item 24. Financial Statements and Exhibits. (b) Exhibits. The following additional exhibits are added herewith: 4(y) Form of Data Pages (as revised) for Equitable Accumulator (IRA, NQ, QP, and TSA) 4(z) Form of Endorsement No. 98ENIRAI-IM to Contract No. 1050-94IC and the Certificates under the Contract 5(r) Form of Enrollment Form/Application (as revised) for Equitable Accumulator (IRA, NQ, QP and TSA) 10(a) Consent of PricewaterhouseCoopers 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 Registration Statement and has caused this amended Registration Statement to be signed on its behalf, in the City and State of New York, on this 28th day of December, 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 28th day of December, 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 December 28, 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 December 28, 1998 C-3 EXHIBIT INDEX
EXHIBIT NO. TAG VALUE - ----------- --------- 4(y) Form of data pages (as revised) for Equitable Accumulator EX-99.4y (IRA, NQ, QP, and TSA) 4(z) Form of Endorsement No. 98ENIRAI-IM to Contract No. EX-99.4z 1050-94IC and the Certificates under the Contract 5(r) Form of Enrollment Form/Application (as revised) for EX-99.5r Equitable Accumulator (IRA, NQ, QP, and TSA) 10(a) Consent of PricewaterhouseCoopers LLP EX-99.10a
C-4 EX-99.4Y 2 FORM OF DATA PAGES EQUITABLE ACCUMULATOR IRA ([TRADITIONAL] [ROTH]) PART B -- THIS PART DESCRIBES CERTAIN PROVISIONS OF YOUR CERTIFICATE. - ------ INVESTMENT OPTIONS ALLOCATION (SEE SECTION 3.01) - ------------------ ----------------------------- o Alliance Conservative Investors Fund o Alliance Growth Investors Fund o Alliance Growth & Income Fund o Alliance Common Stock Fund o Alliance Global Fund o Alliance International Fund o Alliance Aggressive Stock Fund o Alliance Small Cap Growth Fund o Alliance Money Market Fund $2,500.00 o Alliance Intermediate Government Securities Fund o Alliance High Yield Fund o Alliance Equity Index Fund* o BT Equity 500 Index Fund o BT Small Company Index Fund o BT International Equity Index Fund o EQ/Evergreen Fund o EQ/Evergreen Foundation Fund o EQ/Putnam Balanced Fund o EQ/Putnam Growth & Income Value Fund o MFS Emerging Growth Companies Fund o MFS Growth with Income Fund o MFS Research Fund $2,500.00 o Merrill Lynch Basic Value Equity Fund o Merrill Lynch World Strategy Fund $2,500.00 o Morgan Stanley Emerging Markets Equity Fund o T. Rowe Price Equity Income Fund o T. Rowe Price International Stock Fund o Warburg Pincus Small Company Value Fund $2,500.00 o GUARANTEE PERIODS (CLASS I) EXPIRATION DATE AND GUARANTEED RATE February 15, 2000 February 15, 2001 February 15, 2002 February 15, 2003 February 15, 2004 February 15, 2005 February 15, 2006 February 15, 2007 February 15, 2008 February 15, 2009 **February 15, 2010 **February 15, 2011 **February 15, 2012 **February 15, 2013 **February 15, 2014 -------------------- TOTAL: $10,000.00 * Only available under APO Plus. **Only available under the Assured Payment Option and APO Plus. No. 94ICA/B Data page 1 (1/99) EQUITABLE ACCUMULATOR IRA ([TRADITIONAL] [ROTH]) NO WITHDRAWAL CHARGES WILL APPLY IN THESE EVENTS: 1. the Annuitant has qualified to receive Social Security disability benefits as certified by the Social Security Administration; 2. you give us proof that the Annuitant's life expectancy is six months or less (such proof must include, but is not limited to, certification by a licensed physician); 3. the Annuitant has been confined to nursing home for more than 90 days as verified by a licensed physician. A nursing home for this purpose means one which is (i) approved by Medicare as a provider of skilled nursing care service, or (ii) licensed as a skilled nursing home by the state or territory in which it is located (it must be within the United States, Puerto Rico, U. S. Virgin Islands, or Guam) and meets all the following: o its main function is to provide skilled, intermediate or custodial nursing care; o it provides continuous room and board to three or more persons; o it is supervised by a registered nurse or practical nurse; o it keeps daily medical records of each patient; o it controls and records all medications dispensed; and o its primary service is other than to provide housing for residents. The withdrawal charge will apply with respect to a Contribution if the condition as described above existed at the time the Contribution was remitted or if the condition began with the 12 month period following remittance. No. 94ICA/B Data page 2 (1/99) EQUITABLE ACCUMULATOR NQ, QP, TSA PART B -- THIS PART DESCRIBES CERTAIN PROVISIONS OF YOUR CERTIFICATE. - ------ INVESTMENT OPTIONS ALLOCATION (SEE SECTION 3.01) - ------------------ ----------------------------- o Alliance Conservative Investors Fund o Alliance Growth Investors Fund o Alliance Growth & Income Fund o Alliance Common Stock Fund o Alliance Global Fund o Alliance International Fund o Alliance Aggressive Stock Fund o Alliance Small Cap Growth Fund o Alliance Money Market Fund $2,500.00 o Alliance Intermediate Government Securities Fund o Alliance High Yield Fund o BT Equity 500 Index Fund o BT Small Company Index Fund o BT International Equity Index Fund o EQ/Evergreen Fund o EQ/Evergreen Foundation Fund o EQ/Putnam Balanced Fund o EQ/Putnam Growth & Income Value Fund o MFS Emerging Growth Companies Fund o MFS Growth with Income Fund o MFS Research Fund $2,500.00 o Merrill Lynch Basic Value Equity Fund o Merrill Lynch World Strategy Fund $2,500.00 o Morgan Stanley Emerging Markets Equity Fund o T. Rowe Price Equity Income Fund o T. Rowe Price International Stock Fund o Warburg Pincus Small Company Value Fund $2,500.00 o GUARANTEE PERIODS (CLASS I) EXPIRATION DATE AND GUARANTEED RATE February 15, 2000 February 15, 2001 February 15, 2002 February 15, 2003 February 15, 2004 February 15, 2005 February 15, 2006 February 15, 2007 February 15, 2008 February 15, 2009 ---------------------- TOTAL: $10,000.00 No. 94ICA/B Data page 1 (1/99) EQUITABLE ACCUMULATOR NQ, QP, TSA NO WITHDRAWAL CHARGES WILL APPLY IN THESE EVENTS: 1. the Annuitant has qualified to receive Social Security disability benefits as certified by the Social Security Administration; 2. you give us proof that the Annuitant's life expectancy is six months or less (such proof must include, but is not limited to, certification by a licensed physician); 3. the Annuitant has been confined to nursing home for more than 90 days as verified by a licensed physician. A nursing home for this purpose means one which is (i) approved by Medicare as a provider of skilled nursing care service, or (ii) licensed as a skilled nursing home by the state or territory in which it is located (it must be within the United States, Puerto Rico, U. S. Virgin Islands, or Guam) and meets all the following: o its main function is to provide skilled, intermediate or custodial nursing care; o it provides continuous room and board to three or more persons; o it is supervised by a registered nurse or practical nurse; o it keeps daily medical records of each patient; o it controls and records all medications dispensed; and o its primary service is other than to provide housing for residents. The withdrawal charge will apply with respect to a Contribution if the condition as described above existed at the time the Contribution was remitted or if the condition began with the 12 month period following remittance. No. 94ICA/B Data page 2 (1/99) EX-99.4Z 3 FORM OF ENDORSEMENT ENDORSEMENT APPLICABLE TO IRA CERTIFICATES As specified in the Data pages, this Certificate is an "IRA Certificate" which is issued as an individual retirement annuity contract which meets the requirements of Section 408(b) of the Code. It is established for the exclusive benefit of you and your beneficiaries, and the terms below change, or are added to, applicable sections of this Certificate. Also, your rights under this Certificate are not forfeitable. 1. OWNER (SECTION 1.17): You must be both the Owner and the Annuitant. 2. ANNUITY COMMENCEMENT DATE (SECTION 1.04): You may not choose an Annuity Commencement Date later than the maximum maturity age stated in the Data pages. If you choose a Date later than age 70 1/2, you must withdraw at least the minimum payments required under Sections 408(b) and 401(a)(9) of the Code and applicable Treasury regulations. See Section 5.01 of the Certificate and item 5 below. 3. CONTRIBUTIONS (SECTION 3.01 AND 3.02): No Contributions will be accepted unless they are in cash (or check or other form if we require). Except in the case of a "rollover Contribution," the total of such Contributions will not exceed $2,000 for any taxable year. A "rollover Contribution" is one permitted by Sections 402(c), 403(a)(4), 403(b)(8), or 408(d)(3) of the Code. Amounts transferred to the Certificate from an individual retirement account or annuity contract which meets the requirements of Section 408 of the Code are not subject to the $2,000 limit. If you make a Contribution which is an "eligible retirement plan rollover" as defined in Section 402(c) or 403(b)(8) of the Code, and you commingle such Contribution with other Contributions, you may not be able to roll over the eligible retirement plan Contributions and earnings to another qualified plan or Code Section 403(b) arrangement at a future date, unless the Code permits. 4. DEATH BENEFITS (SECTION 6.01): The death benefit pursuant to Section 6.01 of the Certificate will not be paid at your death before the Annuity Commencement Date and the coverage under the Certificate will continue with your surviving spouse as Successor Annuitant and Owner if (i) you are married at the time of your death and the person named as beneficiary under Section 6.02 of your Certificate is your surviving spouse; and (ii) your surviving spouse elects to become "Successor Annuitant and Owner" of your Certificate. No. 98ENIRAI-IM 5. BENEFICIARY CONTINUANCE: This Item 5 shall apply only if you die before the Annuity Commencement Date, and the beneficiary named pursuant to Section 6.02 of the Certificate is a legally competent individual who is not your surviving spouse. If there is more than one beneficiary, then all beneficiaries must meet the requirements of the preceding sentence, or this Item 5 does not apply and the death benefit described in Section 6.01 of the Certificate is payable. If this Item 5 applies and there is more than one beneficiary, the Annuity Account Value shall be apportioned among your beneficiaries as you designate pursuant to Section 6.02 of the Certificate. If you die after your "Required Beginning Date" for "Minimum Distribution" payments described below in Item 6, subpart A of this Endorsement and such payments have not commenced under this Certificate, the death benefit will be paid in a lump sum and this Item 5 does not apply unless prior to your death you have notified us in accordance with our procedures then in effect that the beneficiary named pursuant to 6.02 of the Certificate is also the designated beneficiary for "Required Payments During Your Life" described below in Item 6 of this Endorsement. If we receive the beneficiary's election within 30 days of receipt of proof of your death, the beneficiary may continue your Certificate pursuant to this Item 5 under the terms set forth in a through h below. Your Certificate may be continued by one or more beneficiaries (collectively, the "Continuation Beneficiary"). If there is more than one beneficiary, the election must be provided to us within 30 days by each beneficiary with respect to that beneficiary's portion of the Annuity Account Value. For any beneficiary who does not so timely elect, we will pay that beneficiary's share of the death benefit pursuant to Section 6.01 of the Certificate in a lump sum. a. the Continuation Beneficiary shall automatically become the Annuitant as defined in Section 1.01 of the Certificate with respect to that Continuation Beneficiary's portion of the Annuity Account Value. b. the Continuation Beneficiary shall only have the right to transfer amounts among the Investment Options. c. the Continuation Beneficiary cannot make any additional contributions. d. distributions to the Continuation Beneficiary will be made in accordance with requirements described in Item 6 of this Endorsement. If there is more than one beneficiary, and any Continuation Beneficiary requests payment pursuant to Item 6, subpart B(i) of this Endorsement, then all Continuation Beneficiaries must No. 98ENIRAI-IM agree to make this payment election. If all Continuation Beneficiaries cannot so agree, then we will instead make payment pursuant to the second paragraph of Item 6, subpart B of this Endorsement. Further, where payment pursuant to Item 6, subpart B(i) of this Endorsement is elected by all Continuation Beneficiaries, the Annuity Account Value apportioned to each Continuation Beneficiary is distributed based upon the life expectancy of the oldest of the beneficiaries designated under Section 6.02 of the Certificate, even if that individual does not elect to be a Continuation Beneficiary. e. the Continuation Beneficiary may withdraw the Annuity Account Value apportioned to such Continuation Beneficiary at any time; withdrawals made after we have received a Continuation Beneficiary's election to continue this Certificate are not subject to a withdrawal charge and will end payment pursuant to Item 6, subpart B(i) of this Endorsement as to that Continuation Beneficiary. Any remaining Annuity Account Value apportioned to that Continuation Beneficiary will be distributed as a lump sum. f. upon the Continuation Beneficiary's death, we will make a lump sum payment (other payment options are not available) to the person designated by the deceased Continuation Beneficiary to receive that deceased Continuation Beneficiary's portion of the Annuity Account Value, if any. g. the Certificate cannot be assigned and must continue in your name for benefit of your Continuation Beneficiary. h. if a minimum income benefit pursuant to Section 7.08 of the Certificate and/or a minimum death benefit pursuant to Section 6.01 of the Certificate are in effect upon our receipt of proof of your death, the charges, if any, for such benefit(s) will no longer apply and the minimum income benefit and the minimum death benefit shall no longer be in force. 6. REQUIRED PAYMENTS: This Certificate is subject to these "Required Payment" or "Minimum Distribution" rules of Sections 408(b) and 401(a)(9) of the Code and the Treasury Regulations which apply. A. MINIMUM DISTRIBUTION RULES -- REQUIRED PAYMENTS DURING YOUR LIFE -- Your entire interest in this Certificate will be distributed or begin to be distributed no later than the first day of April following the calendar year in which you attain age 70 1/2 ( "Required Beginning Date"). Your entire interest may be distributed, as you elect, over (a) your life, or the lives of you and your designated beneficiary, or (b) a period certain not extending beyond your life expectancy, or the joint and last survivor expectancy for you and your designated beneficiary. Distributions must be made in periodic payments at intervals of no longer than one year. In No. 98ENIRAI-IM addition, payments must be either non-increasing or they may increase only as provided in Q & A F-3 of Section 1.401(a)(9)-1 of the Proposed Treasury Regulations, or any successor Regulation thereto. All distributions made under this Certificate must be made in accordance with the requirements of Sections 408(b) and 401(a)(9) of the Code, including the incidental death benefit requirements of Section 401(a)(9)(G) of the Code, and applicable Treasury Regulations, including the minimum distribution incidental benefit requirements of Section 1.401(a)(9)-2 of the Proposed Treasury Regulations, or any successor Regulation thereto. For purposes of determining the "period certain" referred to in the first paragraph of this Section, life expectancy is computed by use of the expected return multiples in Tables V and VI of Treasury Regulation Section 1.72-9. Unless you otherwise elect prior to the time distributions are required to begin, life expectancies will be recalculated annually. Such election will be irrevocable and will apply to all subsequent years. The life expectancy of a non-spouse beneficiary, if the naming of such a beneficiary is permitted by our rules then in effect, may not be recalculated. Instead, life expectancy will be calculated using the attained age of such beneficiary during the calendar year in which you attain age 70 1/2, and payments of subsequent years will be calculated based on such life expectancy reduced by one for each calendar year which has elapsed since the calendar year life expectancy was first calculated. B. MINIMUM DISTRIBUTION RULES -- DEATH BENEFIT - If you die after distribution of your interest in this Certificate has begun, the remaining portion of such interest will continue to be distributed at least as rapidly as under the method of distribution being used prior to your death. If you die before distribution of your interest in this Certificate begins, distribution of your entire interest will be completed no later than December 31 of the calendar year containing the fifth anniversary of your death, except to the extent that an election is made to receive death benefit distributions in accordance with (i) or (ii) below: (i) If your interest is payable to a designated beneficiary, then your entire interest may be distributed over the life of, or over a period certain not greater than the life expectancy of, the designated beneficiary. Such distributions must commence on or before December 31 of the calendar year immediately following the calendar year of your death. (ii) If the designated beneficiary is your surviving spouse, the date that distributions are required to begin in accordance with (i) above shall not be earlier than the later of (1) December 31 of the calendar year immediately No. 98ENIRAI-IM following the calendar year of your death or (2) December 31 of the calendar year in which you would have attained age 70 1/2. If the designated beneficiary is your surviving spouse, and a Successor Annuitant and Owner option (described in item 4 above of this Endorsement) is elected, the distribution of your interest need not be made until after your spouse's death. For purposes of determining the "period certain" referred to above, life expectancy is computed by use of the expected return multiples in Table V and VI of Treasury Regulation Section 1.72-9. For purposes of distributions beginning after your death, unless otherwise elected by the surviving spouse by the time distributions are required to begin, life expectancies will be recalculated annually. Such election will be irrevocable by the surviving spouse and will apply to all subsequent years. In the case of any other designated beneficiary, life expectancies will be calculated using the attained age of such beneficiary during the calendar year in which distributions are required to begin, pursuant to this item, and payments for any subsequent calendar year will be calculated based on such life expectancy reduced by one for each calendar year which has elapsed since the calendar year life expectancy was first calculated. Distributions under this item are considered to have begun if distributions are made because you have reached your Required Beginning Date, or if prior to the Required Beginning Date, distributions irrevocably commence to you over a period permitted and in any annuity form acceptable under Section 1.401(a)(9)-1 of the Proposed Treasury Regulations or any successor Regulation thereto. 7. REPORTS - NOTICES (SECTION 9.04): We will send you a report as of the end of each calendar year showing the status of the annuity and any other reports required by the Code or Treasury Regulations. 8. ASSIGNMENTS (SECTION 9.05): Your rights under this Certificate may not be assigned, pledged or transferred except as permitted by law. You may not name a new Owner, except as described in item 4 of this Endorsement. 9. TERMINATION OF CERTIFICATE: If an annuity under the Certificate fails to qualify as an annuity under Section 408(b) of the Code, we will have the right to terminate the Certificate. We may do so, upon receipt of notice of such fact, before the Annuity Commencement Date. In that case, we will pay the Annuity Account Value less a deduction for the part which applies to any Federal income tax payable by you which would not have been payable with respect to an annuity which meets the terms of the Code. No. 98ENIRAI-IM NEW YORK, THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES /s/Edward D. Miller /s/Pauline Sherman - ------------------------------------ ----------------------------- Chairman and Chief Executive Officer Vice President, Secretary and Associate General Counsel No. 98ENIRAI-IM EX-99.5R 4 FORM OF ENROLLMENT FORM/APPLICATION EQUITABLE ACCUMULATOR(SM) Combination Variable and Fixed [EQUITABLE LOGO] 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) |_| ERISA Tax Sheltered Annuity (TSA) |_| Non-ERISA Tax Sheltered Annuity (TSA) - -------------------------------------------------------------------------------- 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 No. 127692 and No. 127433 must be completed) |_| Qualified Plan Trustee - DB (Forms No. 127691 and No. 127433 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./TIN _|_|_|_|_|_|_|_|_|_| _|_|_|_|_|_|_|_|_|_|_|_|_|_|_| |_| 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: EXPRESS MAIL: EQUITABLE ACCUMULATOR, EQUITABLE ACCUMULATOR, P.O. Box 13014, c/o First Chicago National Processing Center, Newark, N.J. 07188-0014 300 Harmon Meadow Boulevard, 3rd Floor, Attn: Box 13014, Secaucus, N.J. 07094 No. 126737 (1/99) - -------------------------------------------------------------------------------- 6. INITIAL CONTRIBUTION INFORMATION - -------------------------------------------------------------------------------- TOTAL INITIAL CONTRIBUTION: $______________________ (minimum $5,000) - -------------------------------------------------------------------------------- 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 TO 70. OTHER WITHDRAWAL OPTIONS ARE AVAILABLE FOR IRA AND TSA CERTIFICATES/CONTRACTS. - -------------------------------------------------------------------------------- FREQUENCY: |_| Monthly |_| Quarterly |_| Annually Start Date: ____________ (Month, Day) AMOUNT OF WITHDRAWAL: $_______________ or _______________% WITHHOLDING 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 CERTIFICATES/CONTRACTS) AVAILABLE ONLY IF THE OWNER AND ANNUITANT ARE DIFFERENT PERSONS - -------------------------------------------------------------------------------- _|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| _____/_____/_____ 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........ % ------------- (111) February 15, 2006........ % ------------- ======================================= (112) February 15, 2007........ % B. |_| PRINCIPAL ASSURANCE ------------- (113) February 15, 2008........ % Under Principal Assurance, an ------------- (114) February 15, 2009........ % amount is allocated to a Guarantee ------------- Period so that its maturity value SUBTOTAL............ % (1) ------------ will equal the initial contribution (2) INVESTMENT FUNDS ---------------- in the year selected. EQUITY SERIES: DOMESTIC EQUITY SELECT MATURITY YEAR: (604) Alliance Common Stock...................... % |_| 2006 |_| 2007 |_| 2008 |_| 2009 ----------------- (603) Alliance Growth & Income................... % ----------------- (613) BT Equity 500 Index........................ % Allocate the remaining amount of ----------------- (626) EQ/Evergreen............................... % the initial contribution only to ----------------- (616) EQ/Putnam Growth & Income Value............ % "(2) INVESTMENT FUNDS." The ----------------- (628) MFS Growth with Income..................... % total percentage must equal 100%. ----------------- (618) MFS Research............................... % ======================================= ----------------- (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, ----------------- AGGRESSIVE 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 ----------------- (627) EQ/Evergreen Foundation.................... % contribution is allocated to the ----------------- (617) EQ/Putnam Balanced......................... % Alliance Money Market Fund and ----------------- (621) Merrill Lynch World Strategy............... % transferred monthly to the other ----------------- FIXED INCOME SERIES: Investment Funds you have selected. AGGRESSIVE FIXED INCOME The total percentage must equal (610) Alliance High Yield........................ % 100%. ----------------- ======================================= DOMESTIC FIXED INCOME (608) Alliance Intermediate Gov't. Securities.... % ----------------- (607) Alliance Money Market...................... % ----------------- SUBTOTAL........... % (2) ------------ TOTAL..............100%. - ------------------------------------------------------------------------------------------------------------------------------------ |_| REBALANCING* Your Annuity Account Value in 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 Date Signed at: City, State (If other than Annuitant) X _____________________________ __________ _____________________________ Proposed Joint Owner's Signature Date Signed at: City, State (If other than Annuitant) (OREGON AND VIRGINIA RESIDENTS READ AND SIGN ABOVE, ALL OTHER RESIDENTS READ ABOVE AND BELOW 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 CONTRACT OWNER 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. FLORIDA: 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 Date Signed at: City, State (If other than Annuitant) X _____________________________ __________ _____________________________ Proposed Joint Owner's Signature Date Signed at: City, State (If other than Annuitant) 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. Phone No./Fax No. Agency Code % 2) __________________________________________________________________________ Agent Signature Print Name & No. of Agent __________________________________________________________________________ Agent Soc. Sec. No. Phone No./Fax No. Agency Code % No. 126737 (1/99) ACCUMULATOR page 4 EX-99.10A 5 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. 12 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 December 28, 1998 -----END PRIVACY-ENHANCED MESSAGE-----